10B-046 35 reservoir rd zoningNOMW
DECISION OF
ZONING BOARD OF APPEALS
At a meeting held on March 10, 1986, the Zoning Board of Appeals of
the City of Northampton voted unanimously to grant the Finding request of
of Lawrence F. Bouley, 227 Main Street, Leeds, MA for the purpose of
adding to and renovating a pre- existing nonconforming structure located
at 35 & 37 Reservoir Road, (Leeds), Northampton, MA (conversion from a
four - family dwelling into a five - family dwelling). Present and voting were:
Acting Chairman Peter Laband, Kathleen M. Sheehan and Shirley Puchalski.
The findings were as follows:
P. Laband found that the proposed alterations and addition to
the existing nonconforming structure will not be substantially more
detrimental, but rather beneficial to the neighborhood.
K. Sheehan found that the requested change, extension and !
alteration will not be substantially more detrimental to the
neighborhood than the existing nonconforming use and structure,
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and if not granted, will be a hardship to the applicant and a
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detriment to the City of Northampton, in terms of its existing
appearance and configuration and will improve the safety of the
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residents and of the neighborhood. She added that the existing t
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condition, appearance and configuration of this structure is s
definitely a hardship on the neighborhood, as this is a condition
that has existed for a number of years and the neighbors enthusiastically
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support Mr. Bouley in his efforts. She explained that Mr. Bouley t
intends to: remove the porch from the basement apartments; enclose ;
the utilities (water heaters need to be replaced); convert the basement
apartment into a three -room apartment and eliminate one bedroom for a
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utility room; provide complete bathrooms on the end of the first floor
and provide two exits from each apartment; provide a complete bathroom
on the second floor and two exits (there is only one at the present
time); add a three -room apartment on the first floor level in the back,
which in the overall project will result in the addition of only one
additional room; add insulation and siding to the outside of the structure;
remove a dead tree in the middle of the side yard and create a parking
area for ten cars, as there is not adequate off - street parking space at
this time.
S. Puchalski found that the renovations and addition to the pre- existing
nonconforming structure will not be substantially more detrimental to
the neighborhood, but will improve the area, increase the value of the
structure and reduce a serious fire hazard. She noted that Mr. Bouley
has the full support of the neighbors.
F io
Peter Laband, Acting Chairman
Q� LA"
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Kathleen M. She an
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Shirley uchalski
Northampton Zoning Board% Appeals 14000'
Public Hearing on Application of Lawwrence Bouley
March 5, 1986
The Northampton Zoning Board of Appeals held a public hearing at 7:30 p.m. on
March 5, 1986 in Council Chambers, Wallace J. Puchalski Municipal Building to consider
the request of Lawrence Bouley for a Finding under the provisions of Section 9.3 (D),
:Page 9.2 of the Zoning Ordinance of the City of Northampton for the purpose of
- renovating and adding to a pre- existing nonconforming dwelling located at 35 and 37
Reservoir Road, (Leeds), Northampton, (RR Zone). Present were: Acting Chairman
Peter Laband, Kathleen M. Sheehan and Shirley Puchalski.
The Chairman read the public notice as it appeared in the Daily Hampshire
Gazette on February 19 and 27, 1986, noting that the application should have specified
converting a four - family dwelling to a six - family dewlling. He read a memo from
L. Smith, Planner, on behalf of the Northampton Planning Board recommend denial of
the Finding. He also reviewed Section 9.3 (D) and advised those present of their
right to appeal.
Lawrence Bouley, 227 Main Street, Leeds, stated that he had made an error
in filling out the application form by not including the number of units in the
dwelling. He requested that the Board accept his verbal request to convert the
existing four - family dwelling into a five - family dwelling, noting that this proposal
will extend the structure 33 feet to the rear, with 70 feet remaining to the rear
boundary line, thus not creating a new nonconformity. It was moved, seconded and voted
unanimously to accept the request.
Mr. Bouley stated that the neighborhood is a mixture of single and multi -unit
dwellings and light industry and noted that virtually all of the abutters are in
favor of the request. He presented a letter speaking in favor of the request
from Mr. & Mrs. William Barrett, abutters. He stated that with the income from
an additional unit, he can make necessary improvements on the substandard structure,
which he purchased in April, 1985, including bathrooms, new water heaters, a second
means of egress for each unit, siding, a black- topped parking area on the side of
the structure and landscaping. He showed the Board a sketch of his intended plans
and improvements for each unit, as well as photographs of the structure and other
buildings in Leeds that he has renovated.
The Chairman called on proponents of the request.
Coun. Raymond LaBarge, Ward 7, stated that he has received phone calls speaking
in favor of the petition and has visited with many persons in the neighborhood, all
of whom are supportive. He stressed that the building is badly in need of repair
and cited other projects which Mr. Bouley has completed.
Ernest Heon, Sr., abutter across the street, stated that the present condition
of the structure is deplorable and in need of repair. He also spoke favorably of
Mr. Bouley's other projects.
Coun.Michael Ahearn, Fort Street, (formerly of Leeds), spoke highly of Mr. Bouley's
previous work in renovation.
The Board decided that a site view would be beneficial and took all comments
tinder advisement. A Decision date of March 10, 1986 at 5:30 p.m. was set. It
was moved, seconded and voted unanimously to adjourn the public hearing at 8:00 p.m.
Present, in addition to those mentioned, was J. Parker, Board Secretary.
P, 1, Lo�
Peter Laband, Acting Chairman
CITY OF NORTHAMPTON
ZONING PERMIT APPLICATION
Zoning Ordinance Section 10.2
A s
Owner _ Lawrence F. Bouley Applicant 'Lawrence F. Bouley
Address 227 Main St. Leeds, MA 01051 Add -r"$_ 2�7 Main St. Leeds, MA 01053
Telephone 584 -2744 home 733 -7868 officC6 Telephone 584 -2744 home 733 -7868 office
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
Zoning
Use
-
Lot
Front
Depth
p
Setbacks
Max. Bid.
Min. Op.
Front
Side
Rear
District
Area
Width
Cover
Spa
191.2
Past
Existing
20762
95
141.0
30
22
97
10 %
°
90 /�
Present
Proposed
20762
95
191'2 14 1.0
30
22
50
15 %
85
Mark the appropriate box to indicate the use of the parcel:
M Non - Conforming Lot and /=Structure. Specify # 1 Lot Size #2 Set -Back #3 Frontage
12 Residential
O Business
D Individual
O Institutional
❑Single Family Unit
❑ Duplex
Cl Subdivision ❑ Regular
❑ Cluster
• Subdivision with "Approval Not Required " - Stamp:
• Planning Board Approval:
• Zoning Board Approval (Special Permit 10.9: Variance)
• City Council (Special Exception S. 10.10)
®Multi - Family
O Other
O P.U.D.
O Other
Watershed Protection District Overlay: (Z.O. •Sect.'XIV) I) Yes IR No
Parking Space Requirements: (Z.O. Sect. 8.1) Required __L2 Proposed 12
Loading Space Requirements: (Z.O. Sect. 8.2) Required _ Proposed -
Signs: (Z.O. Art. VII) O Yes R1 No
Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes ® No
Plot Plan ® Yes ❑ No Site Plan ❑ Yes ❑ No
(S.10.2) Sketch plan filed with application (S. 10.2 and 10.11
for finding. Waiver Granted: Date ❑
This section for OFFICIAL use only:
❑ Approval as presented:
• Modifications necessary for approval:
• Return: (More Information neeed)
f(Denial: Reasons: 2—
/,s r;
Signature of Applicant Date Signature of A 6m. Officer Date
TarwMap No. 10B I Lot 46
Received: I Flle No. t. 0 I Plan File
...
7
APPLICATION TO THE CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
FOR VARIANCE OR SPECIAL PERMIT
This application folder Includes an application form, addressed .to the City of Northampton Zoning
Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information
intended to assist the applicant in properly completing the application.
The application must be completed using a typewriter or hand printed block -type letters. All numbered
items on the application must be completed. When completed and signed by'the applicant, the application
should be submitted to the Building Inspector for filing. Even though received, the application will not be
considered "filed" with the Building Inspector until It has been reviewed to insure proper completion.
A review of the application will be made within two business days from the date received by the Building
Inspector. The applicant will be notified of any additional information required.
Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to
authorize a variance from the terms of the applicable zoning ordinance where the Board determines that
the applicant has met all requlrements set forth in Massachusetts_ General Laws, Chapter 40 A, Section 15.
Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances
of the City of Northampton, Maesachusetts, 1959, as amended.
Applicants seeking a SPECIAL PERMIT should refer _to the Table of Use Regulations contained in
Chapter 44 of the Revised Ordinances Of the City of Northampton, Massachusetts, 1959, as emended,
which indicates uses which reqUlre "spgcUal, permits in particular zones. The general and specific condi-
tions which must be met to obtain a s ' i1 ermit are'.set forth in Section 10.9 (3) of the above referred to
Pe
Zoning Ordinances.
The Zoning Board of Appeals Is required to hold a public hearing to consider the merits of each
application. A notice of the public hearing will be published in the appropriate newspaper and written
notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of
Appeals for the conduct of Its public hearing is filed In the Office of the City Clerk. The applicant should
familiarize himself with these rules prior to attending the public hearing.
THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION
AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS
CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE
BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM
REAPPLYING FOR TWO YEARS.
APPLICATION INSTRUCTIONS
1. State name and address of applicant.
2. State name and address of the owner of property.
3. Indicate applicant's standing to apply.
4. Indicate whether this is an application for a variance or for a special permit. If you are making
application for both, use a separate form for each (only one fee will be required). You may apply for
more than one variance or more than one special permit on the same form. If other, so indicate and
explain.
5. Location of property should be indicated by street address; where tee property is situated i.e. south
side of South Street; and with reference to the sheet numbers and parcel numbers as designated on
the assessors' tax maps.
6. Indicate the zone in which the property is located. - - --
7. State as concisely as possible the work you propose to undertake and /or your proposed use of the
property should your application be approved.
8. SITE PLAN /PLOT PLAN: The applicant Is required as part of this application to submit a site /plot
plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing
and/or proposed buildings and the distances from said buildings to said lot boundaries and all in-
formation relevant to the consideration of the application. A copy of the site /plot plan should ac-
company each copy of the application required to be filed. When the applicant is required under
Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan Is not required.
9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that
the applicant has met the requirements as set forth In either the General Laws of Massachusetts or
the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these
requirements prior to completing this item: (Attach.additional sheets, if necessary)
10. Notice of the public hearing is required'fo be mailed, postage "prepaid, to
all "parties in interest" as defined in Massachusetts General Laws, Chapter
40A, Se:tion 11. "Parties in interest ", as'used in this 'chapter' shall mean
the petitioner, abutters, owners of land directly opposite on any public or
private street or way, and abutters to the abutters within three hundred feet
of the property line of the petitioner As "they appear on the, most '`recent app-
licable tax list, notwithstanding' that' the land of'�"any'such owner'is located
in another city or town, the planning board''of the city or town, and the
planning board of every abutting city or
11. Read and sign the application. If the applicant is a corporation, partnership, trust or.other business
entity, a duly authorized officer should sign. An attorney or other duly authorized representative of
the applicant may sign on behalf of the applicant.
ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete
application are required. It Is the responsibility of the applicant to provide these copies.
FILING FEE: A filing fee of $75.00 for a variance, $50.00 fora special permit, plus $2.00 per abut-
ter listed, is required to be paid upon the filing of the application with the Building Inspector.
The applicant should be aware that If the application is approved, the Board of Appeals may, in its
discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose
such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or
serve the purposes of the zoning ordinances. Such conditions will be Imposed in writing and the
applicant may be further required to post bond or other security for compliance with said conditions
in an amount satisfactory to the Board.
FOR ADDITIONAL INFORMATION, CONTACT:
City of Northampton Building Inspector
Room 100, Municipal Office Building or
212 Main Street
Northampton, Massachusetts 01060
City of Northampton
Zoning Board of Appeals Office
Room 102, Municipal Office Building
212 Main Street
Northampton, Massachusetts 01060
Do Not Write In These Spaces
r
Rec'd. B. 1. Checked Fee Pd.
t. L
�9(
Map(s) Parcels)
BY Date BY Dale f Gale � 08to BY Date
Vic
APPLICATION IS HEREBY MADE TO THE GiT'Y'OF NORTHAMPTON ZONING BOARD OF APPEALS:
Name of Applicant
Address
.../
,- ., , , . , Application Number:
Rec'd. ZBA
Owner of Property Lawrence F. Bouley
Address 227 Main St. Leeds, MA 01053
3. Applicant is: FgOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
❑ VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
❑SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance
of the City of Northampton.
MOTHER "Finding" Under the provisions of Article 9 Section 9.3 Paage9 -2 Paragragh
D of said ordinance.
5. Location of Property - _35 & 37 Reservoir Rd. Leeds being situated on
the North slde of Reservoir Road Street; and shown on the Assessors' Maps,
Sheet No. l OB , Parcel (s) 46
6. Zone R -R
7. Description of proposed work and /or use; Renovations to existing building and addition
existing units. together with the addition of two dwell-
_ ing units to said existing building, all of which constitute an alteration or.exten-
sion of a�pre- existing non- conforming and use necessitating the "Finding"
requested in this application.
8. (a) Sketch plan attached; ®Yes 0 N
(b) Site plan: OAttched ❑Not Required
9. Set forth reasons upon which application is based: The requested change, extension or alterat
will not be sub stantially more detrimental to the neighborhood than the existing.
non - conforming use and structure and if not granted will be a hardship to the
aDDlicant and a datrimant to th a ('itv of in tarrma of ito avi etie�n
would be available for residents of Northampton.
10. Abutters (see Instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein Is true to the best of my knowledge.
Date — (5- A pplicant's Signatur