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10B-066 39 water st board of appealsNTORTHP"nTON BOARD OF APPEALS N... PublicA,.,�earing on Application of Margaret Mullins Spptember 10, 1980 The Board of Appeals held a public hearing on September 10, 1980, on the request of Margaret Mullins for a special permit and variance to add an apartment to her home at 39 Water Street, Leeds. The Chairman, Eric B. Gervais, called the hearing to order at 7:30 PM. Also present were Arthur Zinkin and Thomas Brushway. The Chairman read the public notice, published in the Daily Hampshire Gazette on August 27 and September 3. He noted that the requirements for a variance were spelled out in the Zoning Act, and the requirements for a special permit were set forth in the Zoning Ordinance. He informed those present of their right of appeal. Atty. Patrick Melni$ of Chesterfield Road, representing Mrs. Mullins, told the Board that the property in question has frontage of 77.78 feet, and depth of 139.92 feet. The home is located in a URB zone where frontage of 80 feet is required for a two family home, and where a special permit must be obtained for the proposed use. The front, rear, and side setbacks are adequate, but the lot lacks suffi- cient square footage, having 10,825 square feet, while 12,000 is required. According to Atty. Melnik, Mrs. Mullins now lives alone and she finds it uneconomical to heat the large home. She plans to convert the house to a two - family dwelling in order to supplement her income. He claimed that the conversion would not be detrimental to the neigh- borhood which he described as "not single - family in nature ". Regarding the hardship necessary for the variance, he said that a brook runs along one side of the parcel, forming a natural boundary, thus his client is prevented from acquiring the additional land needed to meet the square footage requirements. Michael Yazel, AHOP coordinator, said that the property would be a possible site for receiving ATTOP funds if an additional dwelling unit was added to the home. There was no opposition. Margaret Riddle of Water Street favored the proposal. Questioned by the Board on the size of the home, Mr. Melnik said that the house is approximately 45 feet long and 28 feet wide. The second floor would be converted into a separate apartment containing two bedrooms, living room, kitchen, bath, and storage room. There would be approximately 1,000 square feet of floor area. The second floor contains rough plumbing to accommodate the kitchen and bath. The home is heated by gas. An outside stairway will be added to the rear of the house to provide access for the second floor living quarters. Also, a flight of stairs within the home provides another entry. There is adequate space to park four cars. Mr. Brushway noted that the home was unique, in that for many years the owner had occupied a portion of the house while using the front portion as a barber shop. On a motion made and seconded, the Board voted to decide on the petition. Mr. Zinkin voted in favor. Mr. Brushway found that the requirements for a variance had been reasonably met; that the natural boundary makes the parcel unique; that the size of the home creates a hardship for one person trying to maintain the property; that desirable relief may be granted without detriment to the public good; that the neighborhood contains many multi - family dwellings; and that by providing additional housing, the proposal would be in keeping with the intent of the Zoning Ordinance. Mr. Gervais found that the Board has the authority to grant a variance when such a minimal deviation from the dimensional require- ments of the Zoning Ordinance is sought; that there is adequate space for parking of four cars; that it bears a positive relationship to the public convenience or welfare by providing additional housing; that the proposed use will not cause traffic congestion nor impair pedestrian safety; and that the proposed use is in keeping with the intent and purpose of the Zoning Ordinance. Based on these findings, the Board voted unanimously to grant the petition, and the hearing was adjourned at 8:15 PM. Present, in addition to the Board members, the applicant and her attorney, were Clare Fennessey, Clerk, and five interested citizens. r Gervais Chairman M �--- t�.at- 1llLnte�n Tbaw,Spaces Application Number: johecked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) ' Date Date Date Amt Date By Date LA ', p DEQ,t ER, BY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Margaret M. Mullins Address 39 Water Street, Leeds, MA 01053 2. Owner of Property Marg M. Mullins Address 39 Water Street, Leeds, MA 01053 3. Applicant is: IXOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: INVARIANCE from the provisions of Section V I page K 2 47 L l of the Zoning Ordinance of the City of Northampton. ®SPECIAL PERMIT under the provisions of Section V page 5-2 -'RZ of the Zoning Ordinance of the City of Northampton. ❑OTHER: 5. Location of Property 39 Water St.( Ieeds) Northampton , being situated on the South -East side of Water Street; and shown on the Assessors' Maps, Sheet No. IOB Parcel(s) Lot 66 6. Zone URB 7. Description of proposed work and /or use; I wish to renovate the 2nd floor of my s i ng I e family dwel inqi_nto_anapartment. There w i l l be no exterior cha+naes in the structure with the exception of an added 2nd rowans of earess There is sufficient Darkina spaces on the lot to accomodate 4 off street cars Fx Int has 10879 - Twn fAmiIy IIRR reguirPS I 100 8. (a) Sketch plan attached; WYes El No (b) Site plan: ❑ Attched ❑Not Required 9. Set forth reasons upon which application is based: There i s at present a cons i derab I e financial hardship in maintaining the dwelling as it exists. I have a daughter in college and a son in the military service As I have only one (1) income added lncnme from the apartment would Pace my financial burden. 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 I . 19 Sc3 A pplicant's Signature Assessor's Map 11. List of Abutters: �✓ Address sheet No. Parcel 1. F I I 7a Pth Bar-hand 35 WAtPr St I O 65 2 Earl Meunier 33 Water St. JOB 64 7 Bob Riddle 47 Water St. JOB 67 4 Robert Connelly 51 53 Water St. JOB 68 5 Homer Bachand 30 Water St. JOB 72 6,Robert Spencer 32 Water St. JOB 74 Arthur Johnson 38 Water St. JOB 75 7 $ Johnathan Carr 42 Water St. JOB 76 9 Edward Kurz 44 & 46 Water St. JOB 77 10, Dora Tacy 50 Water St. JOB 78 11 William Bachand 65 Water St. IOD 2 12,Ra1 h IntorcJo Water St. IOD 38 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) ../ DECISION OF THE ZONING BOARD OF APPEALS At its meeting on September 10, 1980, the Zoning Board of Appeals for the (City of Northampton voted unanimously to grant the petition of Margaret Mullins; for a special permit and variance to add an apartment to her home at 39 Water i (Street, Leeds. Based upon evidence presented to the Board, the Board made the following findings in regard to the special permit. i 1. The proposed use bears a positive relationship to the public convenience or welfare by providing additional housing. 2. The proposed use will not cause traffic congestion nor impair pedestrian safety. 3. The proposed use is in keeping with the intent of the Zoning Ordinance. 4. The proposed use would cause a minimal deviation from the dimensional requirements of the Zoning Ordinance. 5. The requirements for a variance had been reasonably met. j 6. The size of the home creates a hardship for one person trying to maintain the property, and that the natural boundary makes I the parcel unique. I I I IC RVAIS, CHAIRMAN i I J � ARTHUR ZINKIN THOMAS BRUSHW Y !� I