13-046A North King's St. Parcel 46 Zoningjr
VAWPI
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on June 29, 1988, the Zoning Board of
Appeals of the City of Northampton voted 2 -1 to DENY the
request of Alan Kalish for a Variance from the Provisions of
Section 5.2 of the Northampton Zoning Ordinance for the
purpose of constructing a building for use as an art gallery
and frame shop in a Suburban Residential District on North
King Street, specifically Parcel 46, Sheet 13 of the
Northampton Assessor's Maps. Present and voting were Acting
Chairman William Brandt, Irene David, and M. Sanford Weil,
Jr.
The Findings were as follows:
The Board could not find sufficient circumstances
relating to the soil conditions, shape or topography
especially affecting this parcel, but not affecting
generally the zoning district in which it is located, that
would prevent Applicant from using the parcel for any use
permitted in the Rural Residential Zone.
The Board could not find that literal enforcement of
the Zoning Ordinance would involve substantial hardship to
the Applicant.
William Brandt, Chairman
Irene David
M. Sa ford Weil, Jr.
.,r
CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
TO: Northampton Zoning Board of Appeals
FROM: Northampton Planning Board
SUBJECT: Alan Kalish, Request for Variance
DATE: June 10, 1988
FILE:
This matter was considered at the June 9, 1988 Meeting of the
Planning Board. Mr. Kalish appeared pro se. He felt that,
although the parcel is in an SR Zone, the "neighborhood" is
anything but residential in character, with the State Police
barracks to the immediate South, German Automotive to the
immediate North, Rockridge to the immediate West, and Route 91 to
the immediate East.
The site inspectors
topographical uniquenes
any allowed purpose
substantial hardship.
proposed use was not an
criteria. One abutter,
objected.
could not find sufficient "shape or
S," felt that the lot could be used for
in the District, and could find no
The sense of the Board was that the
inappropriate one, _ but failed to meet the
New England Deaconess Assoc. ( Rockridge)
A motion to deny the requested Variance passed 5 -2.
CITY OF NORTHAMPTON �.- ��� Pry '; � ��"..'� :a� j p`7 (iap No. ; 3 Lot ZONING PERMIT APPLICATION $ e li Zoning Ordinance Section 10.2 CCei�t4 No. Plan File
U U
Owner
151. l'ECT v 5
Address I2-1 aor�er L� -� �r�ue in w Address
Telephone S �3L1 � Telephone -
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
Lt Font Setbacks Max. Bid. Min. Op.
Lot r
Zoning Use Depth Front Side Rear Cover Space
District Area Width
�}ol, I k5s l
Past Existing
2.`b �ja1 ui7 Ids . 3ry 3S ►2C
Present s (2. Proposed I
Mark the appropriate box to indicate the use of the parcel:
❑ Non - Conforming Lot and/or Structure. Specify
ES� Residential ❑Single Family Unit
❑Duplex
Business
it hr� �,I1 eY�l
o "Ck
❑ Individual
❑ Institutional ❑ Regular
• Subdivision ❑ 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)
%At terehcrl PrntPrtinn District Overlay: (Z.O. Sect. XIV)
Parking Space Requirements: (Z.O. Se ct. 8. y�� Required
1 naffing Space Requi rements: (Z.O. Sect. 8.2) y\ Required
el: 1 n Art VIII
c.,..irnnmantal PPrfnrmance Standards: (Z.O. Art. XI I)
❑ Yes No
_ Proposed
_ Proposed
❑ Yes Cq No
❑ Yes lK No
Plot Plan ❑ Yes No
(S.10.2)
This section for OFFICIAL use only:
❑ Approval as presented:
❑ Modifications necessary for approval:
❑ Return: (More information needed)
[Denial: Reasons:
��
Date Signature of Admi . Officer Date
nature o pp ica t � , ■t .
A om? f,- Iv. q/
% /00 %
-V _-% %
�c
%b
8 Fait
n
❑ P.U.D'
❑ Other
Site Plan ❑ Yes �9 No
(S. 10.2 and 10.11
Waiver Granted --- -- - ---- -- -- - --- -- Date ❑
N%M-
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 requirements 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, Massachusetts, 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 amended,
which indicates uses which require special permits in particular zones. The general and specific condi-
tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to
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 REQLI IEMENTS
CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE
BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY P NY' E APPLICANT FROM
REAPPLYING FOR TWO YEARS. Cry = '� " ' '
APPLICATION INSTRUCTIO V � l09
L
State name and address of applicant. .�m��1A�NGs A o� .,•_,
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.
Now -Ono, Y
5. Location of property should be indicated by street address; where the 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: Theapplican! 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 to be mailed, postage prepaid, to
all "parties in interest" as defined in Massachusetts General Laws, Chapter
40A, Se Aion 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 town."
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 for a 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
212 Main Street
Northampton, Massachusetts 01060
City of Northampton
or Zoning Board of Appeals Office
Room 102, Municipal Office Building
212 Main Street
Northampton, Massachusetts 01060
`.W ..V
Do Not Write In These Spaces Application Number: `7
Rec'd. B. 1. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
BY Date By Date Date Aml.� j Dale BY Date / ?
7 1_7&
APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. NameofApplicant Alo,_n kAi -,
Address kL n 5 ic e 91IL RARD
2. Owner of Property hL.UiN KALI
&77 qM NERS ,
Address _ _ Gd� 7 r( OP �S iDP_fl� E
SO4 6P
3. Applicant is: V Owner; El Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
VARIANCE from the provisions of Section 19,2 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.
COTHER:
5. Location of Property �� 1 Ny St - CfFrCz� Z �h Ravi 1r \Q
the F side of being situated on
Street; and shown on the Assessors' Maps,
Sheet No. i3 Parcel(s) MAP V po;v 4b
6. Zone S 1
To GCNSTV -OcT A
bQ I SDI WF
3=0IZ
;ASIE t15 AN
7. Description of proposed work and /or use; A{ZT GA
ANp re AR
J�_:
SNbp
4 es MAY 8. (a) Sketch plan attached; ❑ No x'I ti
(b) Site plan: ❑ Attched i1Vot Required l .O PT iNG IhiSP�OiIG'idS
p0�{}{AMPTON, MA. 01060 ,,,,,_
9. Set fort reasons upon which application is based: e C,-^ kkk,, I vie sS :nr, ^.OPYfi< c
S rn,
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 IA I81 A pplicant's Signatu
O , Assessor's Map
11. List of Abutters: gg Address Sheet No. Parcel'
N�Z c c n Q.� H c�C G:c �,1 25 L,J
3.
C a� w� ov, wz c 1� „� c� a u 6-,, ST. `�a�, 3 _ y S
f3
4. C t �. nck
c.
5.
w ,,,.k c.2- S � I 22A � < �. ,. : 1 L r
6— �.1C,� I-t k�, r 5 3 � � � �. ��. f Sf . ,� 13-2
7. �ti 5 cl�'� I (mss cr "I\ S'
8 r r - %ASC#6 .i .� "�i ov�C `
9. \4 `f O v ct
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
(Attach additional sheets, if necessary) iwf
$ A
h .
� V•
n
• � N
V p a Z z x
E < u <
O V
•� N r
N Z
�o
� W
1 �
7
' N H
W W
-+ G W
H
z � N
W r
H
<
tFf-
i
O
A
_ I i
S
� � r
N a o
w
AIV
w '
I NC
x
v H
tj
3
�L �•
A .
Sq
W
CA
yo
y
s AN
• ^!
SIL
X
�3EPT. tlf BUIIG!NG 4NSP��i����•
....nn�.tAPTON MA. 0100-_
N*'
W
r
M
6
-- — ,A