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10B-108 20 grove ave zoning`.. .■/` DECISION OF ZONING BOARD OF APPEALS At a meeting held on November 28, 1984, the Zoning Board of Appeals of the City of Northampton voted unanimously to grant the finding request of Donald & Karen Judge and Bruce & Cindy Ellison to alter the sideyard lot lines at their properties at 20 -42 Grove Avenue, Leeds. Present ?` and voting were: Chairman Robert Buscher, William Brandt and Peter Laband. The findings were as follows: I P. Laband stated that under Section 9.3, he approves changes as shown on the map attached to the application, namely that a piece on the northern side of Lot 1B be deeded from Lot 2A and that a piece as j shown on the plan goes from Lot 1B to Lot 1A. He stated that Lots lA and 2A will still be in conformity and 1B will be closer in conformity than i� before. R. Buscher concurred to grant the alteration in the lots under Section 9.3, a' finding that such alteration would not be substantially more detrimental, and in fact, would be less detrimental in that it would increase the • ;� size of one lot without decreasing the size of either of the adjacent i' lots'below that which is required in that zone. �i W. Brandt concurred that the application should be considered under Section 9.3 and that changing lines will permit the nonconforming lot to become less nonconforming. The following condition shall apply: ; a That the new lot lines be as indicated on a plan marked j� 1 -5 -79 updated through 9 -5 -84 by Pharmer Engineering Design of Holyoke so that Lot IA measures 21,874 sq. ft.; Lot 1B, 17,780 sq. ft.; and Lot 2A, 25,344 sq. ft. Robert C. Buscher, Chairman Peter Laband �� William Brandt Northampton Zoning Boa d of Appeals -Mao, Public Hearing on Application of Judge /Ellison November 28, 1984 The Northampton Zoning Board of Appeals held a public hearing on November 28, 1984 at 7:30 p.m. in the Council Chambers, Walter J. Puchalski Municipal Building, on the variance modification request of Donald & Karen Judge and Bruce & Cindy Ellison under the provisions of Section 6, Page 6.2 of the Zoning Ordinance of the City of Northampton for the purpose of altering the sideyard lot lines at 20 -42 Grove Avenue, Leeds. Present were: Chairman Robert C. Buscher, William Brandt and Peter Laband. The Chairman read the public notice as it appeared in the Daily Hampshire Gazette on 11 -14 & 11- 21 -84. The Chairman referred to the Table of Density & Dimensional Regulations and quoted the required dimensions for a URA zone. He reviewed Section 10.10 ; requirements for a variance and Section 9.3 (A) of the Zoning Ordinance. He advised those present of their right to appeal. The Chairman read a memo from L. Smith, Planner, on behalf of the Northampton Planning Board recommending in favor of the application. He explained that a variance had been granted previously to subdivide property on Groves Avenue, Leeds. Donald Judge stated that he and Mr. Ellison wish to alter their sideyard lot lines and showed the Board plans of the three lots in question. He briefly reviewed the history of the properties. He described the net effect of swapping parcels with Mr. Ellison as increasing Lot lA from 20,640 sq. ft. to 21,874 sq. ft; decreasing Lot 2A from approximately 27,000 sq. ft. to 25,344 sq. ft.,(both still conforming) and increasing Lot 1B from 17,114 sq. ft. to 17,780 sq. ft., bringing it closer to conforming without creating any nonconformity. P. Laband stated that in approving the modification of the variance the end result would be that Lot lA +2A are still in conformityand Lot 1B is closer to conformity than previously, thus closer to the intent of the Ordinance. W. Brandt concurred. Dr. Laband suggested that under Section 9.3, the Board approve changes as shown on the map attached to application, namely that a piece on the northern side of Lot 1B be deeded from Lot 2A and that a piece as shown on plan goes from Lot 1B to Lot lA . He wished to draw attention to the fact that Lot IA and 2A will still be in conformity and 1B will be closer in conformity than before. R. Buscher concurred to grant in the Lots under Section 9.3, finding that such alteration would not be substantially more detrimental, and in fact, would be less detrimental in that it would increase the size of one lot without decreasing the size of either of the adjacent lots below that which is required in that zone. He suggested a condition be laced upon the transfer as indicated on the plans attached to the application and so 4fl� new lot lines be as indicated on a plan marked 1 -5 -79, updated through 9 -5 -84 by Palmer Engineering Design of Holyoke showing Lot lA to measure 21,874 sq. ft., Lot 1B, 17,780 sq. ft. and Lot 2A, 25,344 sq. ft. W. Brandt stated that the application should be considered under Section 9.3, not under a varaince as the Lots have always been 12 feet short in depth to conform to zoning requirements. He concurred that changing lines will permit the nonconforming lot to become less nonconforming. It was moved, seconded and voted unanimously to grant the petition with the condition as stated by Mr. Buscher. The hearing adjourned at 8:10 p.m. Present in addition to those mentioned was J. Parker, Board Secretary. C Robert C. Buscher, Chairman ra.. ../ CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Northampton Zoning Poard of Appeals ' e -t FROM: Lawrence B. Smith, Planner, on behalf of the Northampton Planning Board SUBJECT: Judge /Ellison Variance Modification Request DATE: November 28, 1984 FILE: At their meeting on November 15, 1984, the Northampton Planning Board reviewed the Variance Modification Request of Donald & Karen Judge and Bruce & Cynthia Ellison for th e purpose of altering the sideyard lot lines at 20 -42 Grove Avenue, Leeds. After discussing the matter with the applicants and hearing the report of the site inspection subcommittee, the Planning Board voted unanimously to recommend approval of the modification of the variance. Do Not Write, Application Number: 5 (., a Filed Fee Pd. Rec'd. ZBA Map(s) Parcel (s) is L t Date Amt. Date By Date ,� �:" �o 0�8 1 1Z�8 ®6rd_F� I�DE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1..,,,MarrfoApplicant Donald P. Judge, Karen M. Judge, Bruce Ellison and Cynth Address 20 Grove Avenue, 42 Grove Avenue. Leeds Massachuset Elliso 2. Ownerof Property Donald P. Judge, Karen M. Judge Bruce Ellison and Cynth Address 20 Grove Avenue, 42 Grove Avenue, Leeds Massachusetts Fllisp 3. Applicant is: 00wner; ❑Contract Purchaser; ❑Lessee; ' 0 Tenant in Possession. 4. Application is made for: 91 VARIANCE from the provisions of Section Vl page 6 -2 of the Zoning Ordinance of the City of Northampton. Lot area, depth and rear set back, or in the alternative ❑ SPECIAL PERMIT under the provisions of Section page the Zoning Ordinance of the City of Northampton. HER f indinc r that ar chan e of pr e -exi i - s will nod be substantially more aetrimental that the exis ing ue� ect'pn 5. Location of Property. 20 -42 Grove Avenue Leeds being situated onpenAix A the west side of Grove Avenue , Sheet No. lOB � Street; and shown on the Assessors Maps, , Parcel (s) 108 - 32 6. Zone U.R.A. 7. Description of proposed work and /or use; Applicants lot lines to increase t he total area of Lot area nou l 1B owne Grove Avenue) nrem alt si A (20 Grov Avenue ses owned crea sing 8.(a) Sketch plan attached; Kl Yes ONO (b) Site plan: OAttched ONot Required 9. Set forth reasons upon which application is based: Variance for r n+- 1B was preyi n jag granted to construct a single family home on 02/15/84 All three l non conforming lots with respect to depth and set backs fo the PXy are structures but Lot lB is the onl ng area. The new plan will retain Lot IA anr3 rn A COri total area and will make Lot 1B less non - conforming by increasing the total 10. Abutters (see instructions; list on reverse side of form).Non- conforming depth and set backs will remain the same. 12. I hereby certify that information contained herein is true t he best of my knowledge. Date A pplicant's Signature 40 ti a IT �q � � l t M o 0 iso /(/ A. /.�( 4 0 61 r .NoO N 2&- 138 ,E.. 11721 �5 S S j o a �Q W '�Q p�O��i 0 [ O _J W Q W 0 W 0 v 0 Al. 261 ,F- /! 722. 778 /. p Fp. uli � t v T: Cz UPLAND ROAD It *MEW .■.M00 Application Number: q Filed Fee Pd. Rec'd. ZBA Map(s) Parcel (s) V� By Date BY17 i Date Date Amt. Date By Date L. RE8Y MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Donald P.& Karen Judge Address 20 Grove "v e L eeds, Mass. 2. Owner of Property. Donald & KarOrr. Judge Address 20 Grove Ave Leeds, Mass. 3. Applicant is: FOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: ❑ VARIANCE from the provisions of Section VI page of the Zoning Ordinance of the City of Northampton. pargraph 3 ❑SPECIAL PERMIT under the provisicns of Section__ page of the Zoning Ordinance of the City of Northampton. Ere 5. Location of Property 20 Grove Ave, Leeds, Mass. being situated on the side of Street; and shown on the Assessors' Maps, Sheet No. 10 H, Parcel (s) 108 6. Zone _J z a- 7. Description 2 lots of of proposed work and /or which the minimal use; dept Sub— divide is 120 which an ex i sti ng l ot i ntn excistina is 8. (a) Sketch plan attached; ❑Yes 0 N (b) Site plan: IXAttched ❑ Not Required 9. Set forth reasons upon which application is based: To build a si ngl e fnrr i Ty ci pwpi l i mc , for ourselves on a lot which subdivision is not required 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 A pplicant's Signature A- NORTHAMPTON I RD OF APPEALS Public Hearinn Application of Donald and Karen Judge October 19, 1983 The Board of Appeals held a public hearing at 7:00 PM, October 19, 1983, on the petition of Donald and Karen Judge for a variance to subdivide a parcel of land on Grove Avenue, Leeds, in order to construct a single family home. Present were Chairman Robert C. Buscher, Peter Sharac and Dr. Peter Laband. The Chairman read the public notice as it was published in the Daily Hampshire Gazette on October 5 and October 12; the Planning Board's recommendation that the application be denied; and the requirements for a variance according to the Zoning Act. He advised those present of their right of appeal. Mr. Judge, speaking for himself and Mrs. Judge, explained that in 1979 he owned a large parcel which he subdivided into two lots. He built his home on one of these lots which contains over 34,000 square feet of land. He later realized that he should have divided the parcel into three lots, with each lot containing over 20,000 square feet, thus complying with the Zoning Ordinance requirement. He now plans to sell his original house and to construct a single family home on a lot which, after being divided, will contain 12,804 square feet. He claimed that the home will be at least 100 feet from any other home in the immediate vicinity so that the home will not be squeezed into a congested area. Mrs. Judge commented that the vacant lot is a collector of debris, and that the neighbors have no objections to a home being built here. Dr. Laband advised the applicants that there were certain require- ments which must be addressed when seeking a variance, and he suggested that they ask for permission to withdraw their application until they are able to obtain legal counsel. Mr. and Mrs. Judge agreed, and asked the Hoard's permission to withdraw. On a motion made and seconded, the Board voted unanimously to allow withdrawal without prejudice. The hearing was adjourned at 7:20 PM. Present, in addition to the Board members and the applicants, were Clare Fennessey, Clerk, and a reporter from WHMP. Robert C. Buscher Chairman NVMW 1"04 Application Number: l Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) Date A0 , &te By Date `� 1 6 1 MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Donald P. Judge and Karen Judge Address 20 Grove Avenue, Leeds, Massachusetts 2. Owner of Property Donald P. Judge and Karen Judge Address 20 Grove Avenue, Leeds, Massachusetts 3. Applicant is: L30wner; ❑Contract Purchaser; DLessee; ❑Tenant in Possession. 4. Application is made for: Kl VARIANCE from the provisions of Section VI page 6 -2 of the Zoning Ordinance of the City of Northampton. Lot area and depth, rear set back. ❑SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. DOTHER: 5. Location of Property 20 Grove Avenue, Leeds, Massachusetts , being situated on the West side of Grove Avenue Street; and shown on the Assessors' Maps, Sheet No. 10B , Parcel (s) 108 6. Zone U.R.A. 7,. esc iptigr�yf work and /orvse; Applicants propose to construct a s�.a mi om on a proposed n o a as more an equa a frontage but lacks sutticient depth and area under existing oning. AEso rear set back wi'7T be less than thirty feet. 8. (a) Sketch plan attached; DYes 9No The existing lot has three times the required frontage for a single family (b) Site plan: DAttched CXNot Required home under existing zoning and the proposed lot has more than adequate 9. Set forth reasons upon which application is based: /frontage . The depth di mensi n n a nd the area of the lot are not adequate because of the shape of the l and which abuts the unused Massachusetts Electric Power easement. This m akes this parcel a uniquely shaped piece of land. T. wmuld take faun 3,ra to attempt to obtain additional area from the Massachusetts Flectr -ir CcL to comply with existing zoning which creates a substantial hardship to the 10. Abutters (see instructions; list on reverse side of form). applicants. 0 12. 1 hereby certify that information contained herein is true to tb of my knowledge. �J Date January 11, 1984 A pplicant's Signature � trick J. Melnik-for-Donald and A T 10 A o - 4 �� X 'b c�r N O Ot t ab. VC, IL t or ,3 V' 7 k .) Th -t � - VIA M A y%"%\ ILIA .I u t AQ> I sc C)2 IN> �� X 'b c�r N O Ot t ab. VC, IL t or ,3 V' 7 k .) Th -t � - VIA M A y%"%\ ILIA .I u t AQ> I TEPEE qc �q ry) Z0 W o I� Q N z I � [.vivyL. U Y d?7 i/ 0 o'2 LOT I B AREA 12,8 4S. F. O ~ ✓ '3 /44 7 7" 9, olo LOT IA AREA 21,874 S. F. 8 h �9 N � 0� N Z6- /38 E.//72 /5SY w Q w 0 3 W >_ O v A/. Z6 F. 1172 -7778 S 89'39' 27" W / P. R )OAlAl /�9o�Z92 \7 0HAI T d` , (46517a5 UPLAND ROAD �. CO j o a 6C �0 nm t° o a� 0wh� N N� �Q V Q O w Q w 0 3 W >_ O v A/. Z6 F. 1172 -7778 S 89'39' 27" W / P. R )OAlAl /�9o�Z92 \7 0HAI T d` , (46517a5 UPLAND ROAD /. P. FD. FT 0 ' METERS img �. CO 6C GC �a nm t° o a� /. P. FD. FT 0 ' METERS img NORTHAMPTON 'BOARD OF APPEALS Public Hear on Application of Donald and Karen Judge February 1, 1984 The Board of Appeals held a public hearing at 7:00 PM, February 1, 1984, on the application of Donald and Karen Judge for a variance to construct a single family home on an undersized lot on Grove Avenue, Leeds. Present were Chairman Robert C. Buscher, William Brandt, and Kathleen Sheehan. The Chairman read the public notice as it was published in the Daily Hampshire Gazette on January 18 and January 25; the Planning Board's recommendation that the petition be denied; the Senior Planner's findings; and the requirements for a variance accordance with the Zoning Act. He advised those present of their right of appeal. Atty. Patrick Melnik, 311 Chesterfield Road, representing the appli- cants, told the Board that his clients had been granted a variance in 1979 to subdivide a large parcel on Grove Avenue. This parcel could meet all Zoning Ordinance requirements, except depth, and, in fact, had enough frontage to accommodate six lots. They had no experience with matters of this kind, and feared that it would be inappropriate to ask for more than the one variance, thus, instead of dividing the parcel into three lots, they settled for two. Referring to the variance requirements, Mr. Melnik claimed that the lot was pie shaped, being very long, with little depth, and slopes sharply toward that portion on which the Elec- tric Company has an easement. The Judges tried to purchase additional land from the Electric Company, but found that only in rare cases does the company sell its land, and even if they agreed to sell, it could be two years before the sale is completed. He presented a plan of the neighborhood, pointing out that the proposed use of the land would fit in with the overall scheme of the area and would not create the appearance of being overcrowded. The attorney, after presenting the Board with new dimensions of the property, said that the Judges have acquired 1,246 square feet from the larger lot, and have purchased 3,072 square feet from the Ellisons who own an adjoining ,parcel. The lot under consideration now contains 17,116 square feet, but the Ordinance requires 20,000 in this URA zone. There are other lots in this area which cannot meet that requirement. Under the Chairman's questioning, Mr. Melnik contended that the difficulty in dealing with the Electric Company is creating a hardship for his clients, along with the Judges' error in not subdividing the parcel into three lots in 1979. He claimed that because of the vandalism which occurs here, the neighbors would like to see the parcel developed and while he does not advocate development of every parcel in the City, in this case, it would eliminate a neighborhood nuisance. Donald Judge, co- applicant, said that at the suggestion of the Planning Board, they acquired more land from abutting parcels, but still lack a little under 3,000 square feet, and the rear setback would be approximately 10 feet short. Mrs. Judge said that the Planning Board had recommended acquisi- tion of enough land to bring the square footage up to about 17,000, which they have done. Cynthia Ellison, an abutter, spoke in favor. She felt that, based on the original home built by the Judges, the new home would enhance the neighborhood. Ellen Rocket, 7 Upland Road, also in favor, said that the first home built by the Judges was a deterrent to trespassers and she agreed that the second home would improve the neighborhood. There was no one present to speak in opposition. - 2 - At this point, it was moved, seconded, and voted unanimously to take the matter under advisement so that the Board members who were not familiar with the area could visit the site before making a deci- sion. The hearing was adjourned at 8:00 PM. Present, in addition to the Board members and those mentioned, were Clare Fennessey, Clerk, and several interested citizens. Robert C. Auscher Chairman M DECISION OF Tf N "' ZONING BOARD OF APPeALS The Board of Appeals of the City of Northampton, at a meeting held on February 15, 1984, voted unanimously to grant the variance request of Donald and Karen Judge, subject to their adherence to the plans they submitted, to construct a single- family home on an undersized lot at 20 Grove Avenue, Leeds. d The findings were as follows: Mr. Brandt, referring to the requirements for a variance according to the Zoning Act, found that the shape and size of the parcel make it unique; that, when subdivided, the empty lot would be the only one in a series of lots all containing houses, that this portion is an eyesore; and that the petitioners would suffer a hardship if they were denied the right to make reasonable use of their land. He also found that a hardship would be imposed on '; the entire neighborhood if this portion could not be developed because the property is becoming an "attractive nuisance" through its use as an access to an area used by young people for late night partying. He further found that desirable relief might be ;granted without substantial detriment to the public good, and in fact, would be beneficial to the neighborhood; and that, since the lot contains over 17,000 square feet, as opposed to the 20,000 required, there would not be substantial derogation from the intent of the 'Zoning Ordinance. Ms. Sheehan agreed. She further found that the parcel meets the frontage requirement but lacks adequate depth, and because of an easement, it is impossible to acquire additional land. She felt that development of the site would enhance the area rather than be detrimental to it. Mr. Buscher found that this lot is unique because, although there are other lots in the neighborhood and in the district F which might be larger than that required for a single family home and is large enough to be subdivided, this one has adequate frontage, and also, its rear boundary abuts a right -of -way which ,;was once part of the large lot and is now owned by a public util- ; ity; that the hardship is on the neighborhood which is being adversely affected by the use of the property as an access to an area used by revelers; and that, since the property is in an area where the majority of homes are on lots similar in size to that proposed, approval will not derogate from the intent of the Zoning Ordinance nor be detrimental to the public good. Robert C. Buscher, Chairman F William Brandt lee Kathleen M. Sheehan NORTHAMPTON BOARD OF APPEALS Decis on Application of bwiald and Karen Judge February 15, 1984 The Board of Appeals met at 7:15 PM, February 15, 1984, to render a decision on the variance request of Donald and Karen Judge to construct a single family home on an undersized lot on Grove Avenue, Leeds. Present and voting were Chairman Robert C. Buscher, William Brandt and Kathleen Sheehan. The minutes of the public hearing, held on February 1, 1984, were accepted, but the reading was waived. The Chairman explained that the Judges had a large lot which they wished to subdivide into two parcels, one of which would be approximately 3,000 square feet short of the required square footage. They plan to build a single family home on the smaller lot. On a motion made and seconded, the Board voted unanimously to grant the variance, subject to the applicants' adherence to the submitted plans when subdividing the parcel. Approval was based on the following findings: Mr. Brandt, referring to the requirements for a variance according to the Zoning Act, found that the shape and size of the parcel make it unique; that, when subdivided, the empty lot would be the only one in a series of lots all containing houses; that this portion is an eyesore; and that the petitioners would suffer a hardship if they were denied the right to make reasonable use of their land. He also found that a hardship would be im- posed on the entire neighborhood if this portion could not be developed because the property is becoming an "attractive nuisance" through its use as an access to an area used by young people for late night partying. He further found that desirable relief might be granted without substantial detriment to the public good, and in fact, would be beneficial to the neighborhood; and that, since the lot contains over 17,000 square feet, as opposed to the 20,000 required, there would not be substantial derogation from the intent of the Zoning Ordinance. He recommended that the subdivi- sion conform to the submitted plan. Ms. Sheehan agreed. She further found that the parcel meets the frontage requirement but lacks adequate depth, and because of an easement, it is impossible to acquire additional land. She felt that development of the site would enhance the area, rather than be detrimental to it. Mr. Buscher found that this lot is unique because, although there are other lots in the neighborhood and in the district which might be larger than that required for a single family home and is large enough to be sub- divided, this one has adequate frontage, and also, its rear boundary abuts a right -of -way which was once part of the large lot and is now owned by a public utility; that the hardship is on the neighborhood which is being adversely affected by the use of the property as an access to an area used by revelers; and that, since the property is in an area where the majority of homes are on lots similar in size to that proposed, approval will not derogate from the intent of the Zoning Ordinance nor be detrimental to the public good. The meeting was adjourned at 7:30 PM. Board members, were Clare Fennessey, Clerk, Present, in addition to the the licants, and a reporter. Robert C. uscher, Chairman