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10B-093 1 florence st unit 1 zoningApplication'Tlumber: _ 3 1. Name of Applicant - -, A M ( nMAN Address GROVE HILL, LEEDS, MASSACHUSETTS 010c;3 Address GROVE HTLL, LEEDS MASSACHUSFTTS 1 3. Applicant is: IXOwner; OContract Purchaser; OLessee; OTenant in Possession. 4. Application is made for: 0 VARIANCE from the provisions of Section r,-? page 5 -9 of the Zoning Ordinance of the City of Northampton. OSPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. OOTHER: 5. Location of Property C r_Qxre will Leeds Village being situated on the FactPrly side of Old FlnrannP Street; and shown on the Assessors' Maps, Sheet No. 10 3 , Parcel(s) 95 6. Zone 11A a 7. Description of proposed work and/or use; cQpj Aj;1gle family dwelling 8. (a) Sketch plan attached; KYes El No (b) Site plan: WAttched ❑Not Required 9. Set forth reasons upon which application is based: The exi r +in„ ,d n'g was a i n r a hill ni.,,. — - -- 41­_ a:rr - - -- I - s Ae-ca�'Cauy itc chanP anrt C17P PSnP(IAIIt/ afferting this striirture which is unique in this district i5 sucl that literal enforcement of the By -Law involves substantial hardship to the petitioner. Granting the 10. Abutters (see instructions; list on reverse side of form). petition will not adversely affect the public good or t urpose an intent of the By -Law. 12. 1 hereby certify that information contained herein is true to th`e of y ledge. Date �s�_ 1kjl A pplicant's Signature / _ - by M AUt I O 1 111 GI I Y OF NORTHAMPTON ZONING BOARD OF APPEALS: CITY OF NORTHAMPTOt ZONING PERMIT APPLICATIM Zoning Ordinance Section 10.2 Owner Sam and Marjorie A Goldman Applicant Sam C oldman Address . Grove Hill, Leeds, Mass. 01053 Address Grove Hill, Leeds, Mass. 01053 Telephone — 4 - 264, I Telephone 58L 4 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning D i str ict Use I Lot Area Front Width Depth Setbacks Max. Bld. Cover Min. Op. Space Front Side Rear Past URA 5_� family C g _ l Existing 2.86A 268+ _ 460+ _ 190+ 50+ 160+ 25 % 60 Present multi — family Proposed R - 2.86A 268+ — 460+ — 190+ 50+ 160+ 25 % 60 % Mark the appropriate box to indicate the use of the parcel: ❑ Non - Conforming Lot and /or Structure. Specify :J Residential PRESENT OSingle Family Unit ❑ Duplex ❑ Business ❑ Individual ❑ Institutional ❑ Subdivision ❑ Regular ❑ Cluster Wulti- Family PROPOSED ❑ Other ❑ P.U.D. ❑ Other Q Subdivision with "Approval- Not - Required " - Stamp: ❑ Planning Board Approval: ® Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10. Wa P rote c tio n Distri Ov er l ay: (Z. O. Sect. XIV) ❑ Yes -I No Parking Spac R (Z.O. Sect. 8.1) Required _2_ Prop 14 Loading Space Requirements: (Z.O. Sect. 8.2) Required NA Proposed NA Signs: (Z.O. Art. VII) ❑ Yes 52 No Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes ) n No . ; g JLL 2 61978 ap No. ID eceived: Fi _ J 0 L l Lot � Plan File Plot Plan (S.10.2) [2 Yes ❑ No Site Plan 0 Yes ❑ No (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: ❑ Approval as presented: ❑ Modifications necessary for approval: ❑ Return: (More information needed) X Denial: Reasons: �P_-- � 4 K k.. 2 Date u N7 °56'1,0 E NORTHAMPTON /2.66 CITY R STREET COORDINATES OE�C /N wiDTN X= 11. C.07. 304 59 j0 BE �r9.5' 2D %✓ 14713 , N17`3 - i.P �LYI CGY ✓7ROI A!O/✓UN •ANT 3 lO.o5Z ;N Sp. FT. b O c it 3 S Q. FT. - N i N � ti ti 0 h 2 1, 195 SO. FT �� .52 IN Ig sr E - /C � FRAME I _ 1YC ° 09 20 iY \ 1 - 9 800- \ - ii.7 - n O ti 2 /0. PArE 121 kCT 3 20,559 SQ. FT 0 ACRES t G = a A 2 -$6 ACRES G 19597 O v t5 O t O &-St o Q 20.375 SQ. FT_ V I i lGS.39 / -P ?22 G9 X758 lyt - 5/0 - 0/ SD E LP. //2 - 1 RQD ROD 19 LQ F Dug JUL 2 W97 / ✓OH' G�? F== /•. r?LY ROBERT A. &CRAWS / 900A 17S/ P.aGE 2/8 _ -- `r NORTHAMPTON BOARD OF APPEALS Decision on Application of Samuel Goldman August 31, 1978 The Board of Appeals met in the Planning Department Office on August 31, 1978, to decide on the application for a variance for Samuel Goldman to convert a single family home into seven apartments. The meeting was called to order at 8:30 PM by the Chairman Charles W. Dragon. The public hearing on this matter had been held on August 23, after having been advertised in the Daily Hampshire Gazette on August 9 and August 16. The minutes of that hearing were read and approved unanimously. The Chairman made the following findings: o The physical size of the dwelling makes its continued use as a single family home financially unfeasible because of the increased costs of fuel and therefore imposes a financial hardship on the petitioner. o Desirable relief may be granted without detriment to the public good in that no overcrowding will result from the use since the building and grounds are large enough to accommodate seven apartments. o There will be no nullification of the zoning ordinance because the structure will remain a dwelling and its use will be unchanged. Mr. Capers found that the special condition affecting this property was its size and he could see no other suitable use for the building. He noted the excessive costs involved in maintaining such a home. In addition, he found that the use would not be detrimental to the public good nor would the intent of the zoning ordinance be nullified since the proposed use is the most appro- priate use for the property. Mr. Wampler found that literal enforcement of the zoning ordinance would cause hardship to the petitioner; that the home is economically unsuitable as a single family home; that, left vacant, the building would be a detriment; that the craftsmanship in the home cannot be duplicated; and finally, that there was support from the neighbors but no opposition. Based on the above findings, the Board voted unanimously to grant the variance, and the meeting was adjourned at 8:45 PM. Present and voting were Charles W. Dragon, Chairman, Raymond Capers, and David Wampler, Associate. Also present was Clare Fennessey, Clerk. M Charles W. ragon- Chairman - �e- DEC ISION OF THE ZONING HOARD OF APPEAL6 At its meeting on Wednesday, August 31, 1978, the zoning board of Appeals for the City of Northampton voted to grant the petition of Samuel Goldman for a variance to convert a single family home into seven apartments, a use not permitted within the Zoning Dis— trict. Based upon evidence presented to the Board, the Board made the *ollowing findings in regard to the variance. 1. The property in its present form is unique and has prob— lems affecting it and no other in the Zoning District in that the physical size of the building limits the suitable uses to apartments. 2. The literal enforcement of the Zoning Ordinance would in— volve substantial hardship to the owner in that the use of the building as a single family home is financially un— feasible because of the heating and other maintenance costs for such a large building. 3. The proposed use will not be detrimental to the public good in that the size of the building and grounds will prevent overcrowding even with seven apartments and if left vacant, the structure will become a detriment. 4. The proposed use will not nullify or derogate the intent of the Zoning Ordinance as the structure will remain a dwelling and the proposed use is the most appropriate. ° /70 RA CAPE DAVID WAMPLEfi, ASSO CIATE go Not Write In Thee Spaces Application Nb,. ber: Y02, a; -• qfs).., ,,.Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcel (s) '' ate By Date Date Amt. Date By Date At DEpj. OF jjuj,.mrm neo -c -- -•• �-� • •• �� v, , v, ,vvn 1 nrlrvtr I %J1 LUN INU IJUAHU W- AP'P'EALS t4oRi"AMPTOt�.3; ..01 `;: iWmeofApplicant Alan Verson and Lawrence 0 ° Connor Address 16 Center Street . Northampton, Ma 01060 2. Owner of Property Address same 3. Applicant is: ®Owner; El Contract Purchaser; ❑Lessee; El Tenant in Possession. 4. Application is made for: REESTABLISHMENT OF VARIANCE from the provisions of Section 5.2 page 5 -2 of the Zoning Ordinance of the City of Northampton. OSPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. OOTHER: 5. Location of Property Grove Hi $ Leeds the �asterl y side of Florence being situated on Street; and shown on the Assessors' Maps, Sheet No. 1.0B Parcel (s) 93 6. Zone Tr R a 7. Description of proposed work and /or use; Pony .rsj on from a si n P fermi l err r3TTa1 i i ng to a multi family dwelling not to exceed three stories and cont fining six sj=rat P r3w_e1 n a „n, t s _ There will be no exterior construction work on the building 8. (a) Sketch plan attached; EX ONo (b) Site plan: ❑ Attched ONot Required 9. Set forth reasons upon which application is based: A ttached _ 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to the best of n r kn9wledge. Date March +� , 1981 a pplicant's Signature ZIM r r IF, A -✓ .t . APPLICATION FOR REESTABLISHMENT OF VARIANCE 9• The subject building is an elaborate one hundred year old brick Victorian Mansion that is no longer feasible for use as a single family dwelling. The building has approximately 10,000 square feet of living space, excluding the basement which has 11 foot ceilings and more square feet of floor space than any other floor. The size of the building makes it feasible for use as a single family dwelling only with live -in servants. The cost of heating the building also makes it prohibitively expensive for any one family to occupy the dwelling. The building is set on approximately 2 acres of land, so six dwelling units can easily be accommodated without detriment to the public good or neighborhood. The Grove Hill Mansion is a Northampton landmark that cannot possibly be maintained in good condition as a single family dwelling. The only way to prevent it from falling into disrepair, which will hurt the surrounding neighborhood, is to convert it into an economically viable type of structure. ac MAR 121981 } f AEU. tq s..i �gSBAC�jlt5ttt4 Offirr of Ot xn5plerfor of Pui[biitgs INSPECTOR 212 Main Street • Municipal Building Northampton, Mass. 01060 REQUEST FOR SITE PLAN WAIVER Date MAR l < 951 Address Grove Hill Leeds Page 10B Plot 93 __ Zone tTR I understand that in compliance with Section 10.11 North- ampton Zoning Ordinancesp such waiver may be granted only upon a showing that compliance with the the provisions of this Ordinance can be ensured without the necessity of site plan review. In reviewing a request for a waiver, the Administrative Officer may require the submission of specific ltems of information pertinent to the proposed development. Signature of Applicant E] I will submit a plot plan with all required speci- fications. Waiver granted ' C Administrative Officer (i[� t t�!� ✓�� ASSISTANT BLDG. INSPECTOR ..rein• -� � e T {��"' fpYU'•", �; AR ! 2198 U Lit a NORTHAM `ON BOARD OF APPEALS `•/ Publics. 'aring on Application of Alan Verson and Lawrence O'Connor April 8, 1981 The Board of Appeals held a public hearing on April 8, 1981, at 8;05 PM, on the petition of Alan Verson and Lawrence O'Connor for the re- establishment of a previously - granted variance to convert a single family home at Grove Hill, Leeds, into six dwelling units. Present were Chairman Robert C. Buscher, William Brandt, and Marianne 'mourn. The Chairman read the public notice, published in the Daily Hampshire Gazette on -March 25 and April 1; the Planning Board's recom- mendation that the application be approved; a memo from the Planning Board Chairman, expressing his personal concerns about the effects of traffic on the neighborhood and the Leeds School; and the require- ments for a variance according to the Zoning Act. He then informed those present of their right of appeal. Atty. Alan Verson addressed the Board. He explained that Sam Goldman, the previous owner, had been granted a variance to convert the structure into seven apartments. Before the work was undertaken, Mr. Goldman sold the property to him and Lawrence O'Connor. They had difficulty obtaining financing for the project, and before the financing could be arranged, the variance expired. Thus, they now seek to re- establish the variance in order to convert the home into six condominium units. According to Mr. Verson, the property, which he described as a mansion, had been recommended by the Historical Commission for inclu- sion on the National Register of Historic Places. It has 10,000 square feet of living space, excluding the basement and garage which he plans to use for living quarters and storage. Its size and construction make it unique. He claimed that a literal enforcement of the Zoning Ordinance would create hardship because it would be unfeasible to use the structure as a single family home; and that the variance was in effect at the time he and Mr. O'Connor purchased the property. He further contended that relief may be granted without substantial detriment to the public good, in that a deterio- rating structure, with its grounds unmaintained, would be improved under his proposal and would, therefore, benefit the public. He noted that the people living near the site had no objections to the project, and he presented a statement to that effect signed by a majority of the abutters. The home, situated on three and one half acres of land, will be restored, but the exterior will remain the same. The amount of land available for the six units will exceed that required by the Zoning Ordinance. The condominiums will have either one or two bedrooms, and a solar system will be installed on the south side of the building. Eight carports in the front of the building, and two in the rear will provide ten . parking spaces for visitors, while addi- tional spaces for the tenants will be available elsewhere on the parcel. `, 2 1 , X. Verson said that a private right -of -way, running through the parcel from Front Street to Florence Street, has been used by the public as a shortcut but, with the owner's consent, he intends to install posts or plant shrubbery at one end of the driveway to elimi- nate this problem. Fie said that the driveway will be improved but will not be paved. He told the Board that the home is now rented, and he estimates that seven people occupy the site. The condominiums, according to Mr. Verson, will sell for approxi- mately $45,000 - $90,000, with the smallest unit containing 870 square feet, and the largest 2,000 square feet. He said that he had dis- cussed the proposal with various realtors who feel that the units will sell. F'e claimed that all the reasons for granting the original vari- ance are valid today. Brian Heafey, 59 Front Street, an abutter, said that he supports the proposed conversion because the building is now deteriorating and he feels that restoring the building will improve the neighborhood. Milton Kurian, also an abutter, spoke in opposition. He expressed concern about the water supply and sewers, and claimed that at times the water pressure in his home is inadequate. He said that his pro- perty is the closest one to the site, and that they share a common boundary. Because of this proximity, he feared that pedestrians would intrude on his land. r ^ r. Verson answered that he lives on Front Street and has no problems with water pressure. He stated that sewers were the responsi- bility of the DPW. Carol Parsons, Councillor from Ward 7, Donald Charest, Assistant Superintendent of Schools, and Raymond Labarge, School Committeeman, were concerned about traffic in the vicinity of the Leeds School. William Turomsha, who had lived in the home at one time, claimed that during his residency he saw no great number of cars using the Leeds School property. Mr. Verson, responding to concerns about traffic near the Leeds School, said that his proposal would decrease traffic on the School side of the parcel because access would be restricted to five families - four occupying a four - apartment dwelling, and one in the small home which was originally part of the mansion property. Those in the condominiums would have access only from Front Street. The Chairman then asked the applicants to submit floor plans of the proposed conversion. The matter was taken under advisement after the Chairman informed the applicants that the Board would visit the site. Present, in addition to the Board members and those mentioned, were Clare Fennessey, Clerk, and several interested citizens. kbbt &. cher, Chairman d r. 0 CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Zoning Board of Appeals FROM: Lawrence B. Smith, Senior Planner SUBJECT: Variance Application of Alan Verson and Lawrence O'Connor DATE: April 8, 1981 FILE: N404 At their meeting on Mw ch 26, 1981, the Planning Board reviewed the variance request of Alan Verson and Lawrence O'Connor to convert a single family dwelling (Grove Hill Mansion) into six separate dwelling units. After discussing the matter and hearing the report of the site - inspection subcommittee, the Board voted in favor of the variance request. Based upon the applicants' presentation at the March 26, 1981, meeting, the Planning Board understands that access to the units will only be from Front Street and the access from Florence Street would be blocked. 'w , NORTHAMPTON 'ZONING BOARD OF APPEALS s..r Decisional Application of Alan Verson and Lawrence O'Connor May 13, 1981 The Board of Appeals met at 8:00 PM, May 13, 1981, to decide on the request of Alan Verson and Lawrence O'Connor for a variance to convert the Grove Hill Mansion in Leeds into six condominium units. Present and voting were Chairman Robert C. Buscher, William Brandt, and Marianne Zurn. The minutes of the public hearing, held on April 8, 1981, were approved as read. On a motion made and seconded, the Board proceeded with the vote on the matter. Mr. Buscher found that there were circumstances relating to the structure which would make it unlike others in the zoning district, namely, its size which, under current conditions, is too large for use as a single family home, and that most other overly large homes in the City have already been converted. Literal enforcement of the Zoning Ordinance would create hardship to the petitioner since the home would be impossible to heat and maintain as a single, two or three family dwelling; and further, that the applicants had purchased the home when the previously granted variance was valid. The proposal will not be detrimental to the public good, but rather, will provide needed housing; will improve a deteriorating structure; will preserve open space; and will add to the City's tax base. Finally, it will not derogate from the intent of the Zoning Ordinance because the area will remain residential and the large lot will preclude the possi- bility of congestion in the area. The Chairman stated that when he and Mr. Brandt had visited the site they had spoken to Atty. Verson who had informed them that he was considering the possibility of selling a portion of that section of the parcel which abuts on Front Street, and which contains the former carriage house, now used as living quarters. He would impose the restrictions that the driveway running through the property be blacked off; and that the parcel, if subdivided, remain in some kind of common ownership. Discussion followed on the possible subdivision. Ms. Zurn felt that subdivision of the parcel would change the large expanse of open land which she found to be one of the unique features of the property. Mr. Brandt felt that since there had been no mention of the subdivision at the hearing, the parcel should remain undivided. Ms. Zurn and Mr. Brandt agreed with the Chairman's findings, but would not approve of subdividing the parcel. The Board then voted unanimously to grant the variance, subject to the following restrictions: ' Verson /0 "onnor decision Page 2 o that the parcel not be subdivided; and o that the driveway be blocked off at that end near the Leeds School by use of shrubbery or posts to prevent access to the school property. The meeting was adjourned at 8:30 PM. Present, in addition to the Board members, were Clare Fennessey, Clerk, a reporter from WHMP, and five interested citizens. Robert C. Buscher Chairman DECISIM OF TTIF ZONING BOARD OF APP-_,,�LS The Toning Board of Appeals for the City of i;orthampton, on ''ay 13, 1981, voted unanimously to grant the request of elan Verson and Lawrence O'Connor for a variance to convert the Grove Hill Mansion in Leeds into six condominium units. Based upon the evidence presented to the Poard, the Board made the following findings in regard to the variance: 1. There are circumstances relating to the structure, namely, its size, which would make it unlike others in the zoning district, and under current conditions, the home is too large for use as a single family dwelling. 2. T,iteral enforcement of the .coning Ordinance would create hardship to the petitioner, since the home would be impossible to heat and maintain as a single, two, or three family dwelling. 3. The home had been purchased by the applicants when the previously granted variance was valid. 4. The proposed use will not be detrimental to the public good, but rather, will provide needed housing, improve a deteriorating structure, preserve open space, and add t:, the City's tax base. 5. The proposed use will not derogate from the intent of i:,.. Toning Ordinance because the area will remain residential and the large lot will preclude the possibility of con- gestion in the area. However, the variance is granted subject to the following restrictions: o that the parcel not be subdivided; and o that the driveway be blocked off at that end near the Leeds School by using shrubbery or posts to prevent access to the school property. Robert C� Buscher, Chairman ., ` w .6-1 Do Not Write In These Spaces Application Number: , 'l� Rec'd. B. 1. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcel (s) Dat By Date By Date Date Amt. By Dat ril P A I IS'HE614BY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: U UPT. �� di4�if t�G f� t Alan Verson NQRiHrTON.'v1(�.0 Q � Street, Northampton, TMA 01060 2. Owner of Property Same _ Address 3. Applicant is: CXOwner; El Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: L7 VARIANCE from the provisions of Section 5.2 page 5 -2 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. ❑OTHER: 5. Location of Property Grn`rP Ki l I y T.arq , being situated on the easterly side of Florence Street; and shown on the Assessors' Maps, Sheet No. 10B Parcel(s) 6. Zone U R A 7. Description of proposed work and /or use; Conversion from a singIP family dwelling to a multi — family dwelling not to exceed three stories, ane ccntair_ing seven separate dwelling units. 8. (a) Sketch plan attached; C&.Yes ❑ No (b) Site plan: ❑ Attched J4 Not Required 9. Set forth reasons upon which application is based Attached. 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to Pq best of knowledge. Date II taA� A pplicant's Signature rr ../ APPLICATION FOR VARIANCE A variance to convert the building into six units was granted by the Board on July 30, 1981. The interior layout of the proposed units has now changed, making a seventh unit necessary. This application, therefore, is merely to obtain a zoning permit to build seven units instead of ,six. A large, two - level, two - bedroom unit has been changed into twc smaller one - bedroom units. The subject building is an elaborate one hundred year old brick Victorian Mansion that is no loner feasible for use as a single family dwelling. The building has approximately 10,000 square feet of living space. The size of the building makes it feasible for use as a single family dwelling only with live -in servants. The cost of heating the building also makes it prohibitively expensive for any one family to occupy the dwelling. The building is set on approximately 32 acres of land, so seven dwelling units can easily be accomodated without detriment to the public good or neighborhood. The Grove Hill Mansion is a Northampton landmark that cannot possibly be maintained in good condition as a single family dwelling. The only way to prevent it from falling into disrepair, which will hurt the surrounding neighborhood, is to convert it into an economically viable type of structure. e V GK � DEPT. Of BUILDING INSPEQTIONS NORTHAMPTON, MA. 01062 ;: Nam► j,?f. . Z- cz w _ P, O�j -E 1 JAN 1 8 VPT OF Wfu rl!Mr, ITS5F—C�I—Oms NORTHAMnTON BOARD OF APPEALS ,V", Public,.. on Application of Alan Verson (Grove Hill) February 24, 1982 The Board of Appeals held a public hearing on February 24, 1982, on the request of Alan Verson for a variance to convert a single- family home, known as the Grove Hill Mansion, into seven apartments. Present were Chairman Robert C. Buscher, William Brandt, and Peter L aband . The Chairman read the public notice as it appeared in the Daily Hampshire gazette on February 10 and February 17; and the require- ments for a variance according to the Zoning Act. He informed those present of their right of appeal. Atty. Alan Verson, speaking on his own behalf, said that his case was unusual, in that the previous owner of the property was issued a variance in 1978 to convert the mansion into seven units. Before the conversion was made, he sold the property to Mr. Verson, but the time limit on the variance had expired before Mr. Verson could proceed. The attorney then came before the Board to ask for reestablishment of the variance, but his plans called for six units instead of seven. That application was approved and plans were drawn up to convert the structure into six condominiums. One of the units would have contained 2,000 square feet of floor space. He felt that it was too large for a two - bedroom apartment and wanted to use this space for two units instead of one. Thus, he was requesting the variance for the added unit. Noting the requirements for a variance, he claimed that there are circumstances relating to the structure, specifically its.size, which makes it unique, not only in the district, but also in the entire City; that the mansion is not suitable for use as a single - family home because of the cost of heating such a large building; that the overly large apartment would be difficult to sell or rent; that housing is needed, and unless seven units are allowed, he will not be able to restore the house to its original beauty; and that, because of the size of the lot, approximately three and one -half acres, seven apartments would not create overcrowding. Regarding concerns about use by area residents of a driveway leading from the Leeds School property through the Verson property, Mr. Verson pointed out that Mr. and Mrs. Struthers, abutters to Grove Hill, have an easement over the driveway. He said that he had discussed the matter with the Struthers and they have agreed to allow blockage of the driveway at the school end if this solution would help to restore the Grove Hill Mansion. Mr. Brandt noted that the previous variance was granted for condominiums, while the new application was for rental units. He felt that the two concepts were very different. Mr. Verson disagreed, claiming that there was no legal distinc- tion between the two. He said that because of today's economy, the market is not right for condominium sales. In the future, however, he hopes to sell the units as condominiums when and if economic conditions improve. "V PH - Verson - 2/24/82 .,./ Questioned by Dr. Laband about whether the hardship would be that much greater with six units than with seven, Mr. Verson said that because of economic conditions, seven units would allow him to more properly restore the property, maintaining its historical char- acter without making exterior changes. No one present spoke for or against the proposal. John Ball of the School Department suggested that the driveway, across which the Struthers have a right -of -way, be blocked off at the school end rather than on the Verson end to protect the school children. Mr. Verson responded that the Board could not set criteria on property not under consideration, and in any event, such a deter- mination would have to await a ruling from the Fire Department. The Chairman asked Mrs. Struthers about her feelings on the matter. She answered that she would prefer to have the access remain as is, but if restoration of the mansion could be accomplished only by blocking off the driveway as suggested by Mr. Ball, she would agree to that solution. The Chairman suggested that Mr. Verson discuss the matter with his neighbors to see if some agreement could be reached. At this point, the Board took the matter under advisement, and the hearing was adjourned at 9:00 PM. Present, in addition to the Board members and those mentioned, were Clare Fennessey, Clerk, and several interested citizens. ^ Robert C. Butcher Chairman IWM CITY of NORTHAMPTON TO: Zoning Board of Appeals `00. OFFICE of PLANNING and DEVELOPMENT MEMORANDUM FROM: Lawrence B. Smith, Senior Planner SUBJECT: Verson Variance Request DATE: February 26, 1982 FILE: N436 At their meeting on February 11, 1982, the Planning Board reviewed the variance request of Alan Verson to convert the Grove Hill Mansion into a seven -unit dwelling. After hearing the report of the site inspection sub - committee, and discussing the matter with the applicant, the Board voted unani- mously to recommend approval of this application provided that legal arrangements can be made to block the right -of -way at the property line between the school property and Struthers' property. These arrangements might include a quitclaim deed from Struthers to the School Department for a right -of -way and also a deed of easement from Verson to Struthers for a right -of -way to Front Street from Struthers' property. If this provision cannot be met, the Planning Board would recommend against approval of the application unless other arrangements can be made to prevent traffic from Verson's development from going through the school driveway. On February 12, 1982, I inspected the site with Fire Chief Driscoll to investigate the adequacy of emergency access to the Struthers' property. It was Chief Driscoll's determination that access to the Struthers' must be retained over the Verson property as the turning radii from the Leeds School property were inadequate for the access of the Fire Department's ladder truck. The Chief also noted that parked cars often blocked access from the school, and that access from Front Street would place them 100 feet closer to a hydrant. Chief Driscoll felt that if this right -of -way had to be blocked off,it would be best to place the barrier at the Struthers/ Leeds School property line instead of the Verson /Struthers property line. Otherwise, his trucks would not have access to the Struthers' property. Also, I have attached a more complete layout of the properties in question than was submitted by Mr. Verson. i M too �J ` mlpw ..l, ALAN VERSON ATTORNEY AT LAW 16 CENTER STREET, SUITE 812 NORTHAMPTON, MASSACHUSETTS 01060 TELEPHONE (418) 586 -1848 March 19, 1982 Robert Buscher, Chairman Zoning Board of Appeals City Hall Northampton, MA 01060 Dear Mr. Buscher: I am writing to you in connection with the pending application that I have for a variance to convert the Grove Hill Mansion into a seven unit dwelling. The issue that I am addressing is the type of restriction that will be imposed concerning blocking the present driveway that extends through the property of the Leeds School. I do not object to a restriction being imposed that would require that the driveway be blocked off in such a way as to prevent traffic generated by the seven units in the Mansion from passing through the school's property. That objective can be totally accomplished by the driveway being blocked at any point between the Mansion and the school. The restriction that was imposed by the Board a year ago in granting the variance for six units did just that. I do object, however, to a requirement that the driveway be blocked exactly at the boundary of the school property. First, this would require that the boundary be placed on property that I do not own; surely the Board's legal authority to impose such a requirement would be questionable. Second, blocking the driveway at this exact point would not be the necessary or only means of accomplishing the objective referred to above, and it is not the way that I would prefer to deal with the problem. As I stated to the Board at the hearing, the written consent of David and Rachel Struthers, the other owners of the property on the driveway, would be required in order for me to block off the property at any point. Both they and I, as the owner of the four family building directly adjacent to the school, will be certain that the driveway is not blocked in such a way as to interfere with access to the area by the fire department. I would suggest that you should leave the issue of access by the fire department to be dealt with by the parties directly involved and not base your decision on this issue. In the interim between when I hope the Board will grant the variance and when a - continued - NORTHAMPTOV BOARD OF APPEALS Decision Application of Alan Verson (Grove Hill) March 24, 1982 The Board of Appeals met at 8:25 PM, March 24, 1982, to render a decision on the application of Alan Verson for a variance to convert a single-family home on Grove Hill, Leeds, into seven units. Present were Robert C. Buscher, Chairman, William Brandt, and Peter Laband. The minutes of the public hearing, held on February 24, 1982, were approved unanimously. Mr. Brandt commented that the Grove Hill property is unique because of its size, and that in today's economy, it would be diffi- cult to use the home as a single - family dwelling. On the issue of hardship, he claimed that it is the neighbors who are suffering a hardship because, during the time the applicant has owned the prop- erty, he has allowed it to steadily deteriorate, thus creating an eyesore for the neighborhood and a hazard to children. Regarding the third condition for a variance, that desirable relief may be granted without detriment to the public good, he felt that the pub- lic good would best be served by granting the variance since it appeared that the applicant was unwilling to improve the property if it remained a single-family home. While he was reluctant to allow seven units in a URA zone, he would vote to approve the application for the above- stated reasons. The Board then discussed the driveway which must be blocked off to protect the children at Leeds School. On a motion made and seconded, they voted unanimously to adjourn the meeting until such time as the applicant could submit a plan showing where the driveway could be blocked to meet the standards of the Fire Department and to satisfy the abutters on whose property blockage would occur. The meeting was adjourned at 8:50 PM. Present, in addition to the Board members, were Clare Fennessey, Clerk, two reporters, and four interested citizens. Robert C. Buscher Chairman JEREMIAH P. DRISCOLL Chief To: Larry 6mith Planning Board From: J.P. Lriscoll VJ Fire Chief Late: April 23, 1982 Fie: Alan Verson Grove Hill Estate (114 of Yor#4tt> PtLM, ' Mttssttc4usctts 01868 FIRE DEPARTMENT HEADQUARTERS OFFICE OF CHIEF 60 MASONIC STREET Telephone 584 -7165 r •� 1't E. Larry, Ar. Verson has asked Wr opinion as to whether a gate across a road on his property off Grove St. in Leeds would would impair firefighting operations. I would say that a gate would not hinder our operations as long as the following stipulations were met: 1/ Distance between gate posts were not less than 10 feet. 2/ Prohibiting parking of cars in front of gate on either side. 3/ If gate were to be kept locked we would like a key or in an emergency we would have to cut any lock. 4/ I have looked at the roadway and it is nw opinion that this Department would probably use the roadway coming in from Front St. for any fire calls which we might have there. FIRE PREVENTION PAYS - . 0 m z y u F RON T c� QC STR E E -r-- � F'l �J VC,e5 KA � M�4nrs��N G� A s irrpi--, rte. T a �`D F M/L Y LI LEEDS SCHOOL ST"RuTME r All = -of BZ 000 NORTHAMPTON BOARD OF APPEALS Decisior p Application of A1'14 Verson ( Grove Hill) April 28, 1982 The Board of Appeals met at 8:30 PM, April 28, 1982, to render a decision on the variance request of Alan Verson to convert a single family home at Grove Hill, Leeds, into a seven -unit dwelling. Present and voting were Chairman Robert C. Buscher, William Brandt, and Peter Laband. The Chairman noted that the Board, at a previous meeting, had voted unanimously to ask the applicant to submit a specific plan for blockage of a driveway which was of concern to the School Department because of its proximity to Leeds School. Mr. Verson presented a map showing the location of the proposed blockage. The Chairman noted receipt of a copy of a communication from the Fire Chief which stated that placing a gate across the roadway would not hinder the department's access to the site, provided certain conditions were met. Mr. Verson described the proposed gate as a long pole attached to a swinging hinge at one end, with a lock at the opposite end. He said that Mr. and Mrs. Struthers had given written permission to install the device on their property. With the installation of the gate, access through the driveway would be limited to the Struthers and to the tenants of a four - family home on the site. A sign will be posted to prevent parking in front of the gate. He said that he would file a legal document with the Register of Deeds executing the agreement between him and the Struthers family, and would ask the Board to impose the erection of the gate as a condition. Mr. Brandt recommended that, if granted, approval be contingent on the gate's being maintained properly. Since there was no one present to speak in favor or in opposition, Dr. Laband stated that he would make the same findings as had been made on July 30, 1982, for the variance request to convert the structure into six units. However, he would change the second condition to read: "that the driveway be blocked off at the point north of the Struthers' property, and north of the entrance to the driveway onto the road." He would add all conditions recommended by the Fire Chief in his com- munication of April 26, 1982, and further, would recommend that a document be filed in the Registry of Deeds giving Mr. Verson the right to install the gate across the road. Mr. Brandt found that the property is unique because of its size, and that considering today's economy, it would be difficult to use the home as a single - family residence; that, while denial of the variance would impose a hardship, the hardship would actually affect the area residents who would have to contend with the presence of a possible hazard to children and an eyesore in their neighborhood: and that relief may be granted without detriment to the public good, in that the public would best be served by having the property maintained in good order. He would recommend that the fence around the swimming pool be in accordance with the Zoning Ordinance requirements and that it be adequately maintained. Mr. Buscher agreed with the findings of Dr. Laband and Mr. Brandt. Based on the above findings, the Board voted unanimously to grant the variance to convert the home into seven units, subject to the following restrictions. (1) that the driveway be blocked off at the point north of the Struthers boundary, and north of the driveway entrance, as indicated on the submitted plan; (2) that the distance between gate posts be not less than 10 feet; (3) that parking be prohibited in front of the gate on either side; (4) that if the gate is to be kept locked, a key be provided to the Fire Department; (5) that a document be filed in the Registry of Deeds giving the applicant the right to install the gate across the road; (6) that the parcel not be subdivided. The meeting was adjourned at 9:10 PM. Present, in addition to the Board members, were Alan Verson, Clare Fennessey, Clerk, and representatives of the news media. Robert C. Buscher Chairman �+ DECISION OF THE .,o ZONING BOARD OF APPEALS The Zoning Board of Appeals met on April 28, 1982 and voted unanimously to grant the petition of Alan Verson for a variance to convert a single family home at Grove Hill, Leeds into a seven unit dwelling. Based upon the evidence presented to the Board, the Board made the follow- ; ing findings: 1. That the property is unique because of its size, and considering today's economy, it would be difficult to use the home as a single family dwelling. 2. That the denial of the request for a variance would impose a hardship on the applicant, further, the hardship would also effect the area residents who would have to contend with the presence of a possible hazard to children and an eyesore in their neighborhood. 3. That relief may be granted without detriment to the public good, in that the public would best be served by having the property maintained in good order. The variance is, however, granted subject to the following conditions: 1. that the driveway be blocked off at the point north of the Struthers boundary, and north of the drivewav entrance, as indicated on the submitted plan; 2. that the distance between gate posts be not less than 10 feet; 3. that parking be prohibited in front of the gate on either side; 4. that if the gate is to be kept locked, a key be provided to the Fire Department; 5. that a document be filed in the Registry of Deeds giving the applicant the right to install the gate across the road; 6. that the parcel not be subdivided. 4� ROBERT C. BUSCHER, CHAIRMAN PETER LABAND WILLIAM BRANDT