Loading...
13-087 42 stonewall drive (law department)City of Northampton MEMORANDUM Law Department TO: Paulette Kuzdeba, Senior Planner FROM: Kathleen G. Fallon, City Solicitor t SUBJECT: Stonewall Drive: substandard lot DATE: May 5, 1995 As I understand your inquiry regarding three lots located on Stonewall Drive, the pertinent facts are as follows. Parcel 1, known as 42 Stonewall Drive, has frontage of twenty (20) feet on Stonewall Drive. A variance as to frontage was granted in 1978 to "legitimize" the existing use of a single family dwelling. Subsequently, the owner of 42 Stonewall Drive has acquired two adjacent parcels (Parcels 2 and 3), each of which has only twenty (20) feet of frontage on Stonewall Drive. Neither parcel has any structures thereon. The question is whether the owner can sell either Parcel 2 or Parcel 3, or the two together, as a building lot. M.G.L. Chapter 40A, Section 6, paragraph 4, reads: "Any increase in area, frontage, width... requirements of a zoning ordinance... shall not apply to a lot for single and two - family residential use which at the time of recording or endorsement, whichever occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements, and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. It does not appear that Parcels 2 and 3 qualify for protection against dimensional increases in the Zoning Ordinance since neither has the fifty feet of frontage required by Section 6. Even if the two lots were combined, they would not have the minimum frontage necessary for Section 6 protection. Therefore, neither lot, nor the two combined, may be built upon without zoning relief. DECISION OF THE ZONING BOARD OF APPEALS At its meeting on Wednesday, July 18, 1978, the Zoning Board of Appeals for the City of Northampton voted to grant the petition of Robert and Bernadette Stein for a variance from the provisions of Section 6.2 of the Zoning Ordinances of the City of Northampton which requires certain minimum lot frontage which the applicants' lot, known as 42 Stonewall Drive, does not have. Based upon evidence presented to the Hoard, the Board made the following findings in regard to the variance: 1. The property in its present form is unique in that it is a key lot which at the time of the subdivision approval, had sufficient frontage under the then existing Zoning Ordi- nance, but was not properly recorded in the Office of the City Clerk. 2. The literal enforcement of the Zoning Ordinance would re- sult in substantial hardship to the petitioners because the lot on which their home was built was not properly re- corded in the City Clerk's Office, through no fault of the petitioners, when the original subdivision plan was ap- proved by the Planning Board. At the time of approval, the lot met the Zoning requirements. However, as a new lot, it would not meet the frontage requirements of the present Zoning Ordinance. 3. There will be no detriment to the public good because the use will not overload public facilities, and the size of the lot exceeds the present Zoning Ordinance requirements. 4. The Zoning Ordinance will not be nullified or derogated in that the use, a single family home, is allowed in this Rural Residential District. ! ilo CHARLES GRXI R AWND' CAPt175 , AgSOCIATE D ill WAM L , 8O C A Th; I /Y- L3 0 23 June 1978 Mr. Charles 11. Dragon Chairman Board of Appeals Northampton, MA 01060 OPINION OF THE PLANNING BOARD IN THE MATTER OF - Bernadette and Robert stein's request for a variance to establish a parcel of land as a legal lot - The Planning Board, at its meeting of June 7, 1978, voted unanimously to eecommend to the Board of Appeals that the subject variance be granted. The Board noted that the request was similar to that of Raymond Campbell who received a variance a short time previously in the same vicinity. The Board further noted that the lots were properly and legally established under the old zoning ordinance but they were not protected by the "grandfather clause" contained in the state subdivision law, theeefore creating a hardship on the applicant. if you have any questions on this matter, please feel free to call me. York Phillips, ATP Planning Director cc: Applicant Building Inspector 1AA �,�,pTpN 5. 1 Nqj Applicant i t n II i Q; Address . 2. Owner of Address 3. Applicant is: i dwner; ❑Contract Purchaser; J ❑Lessee; ❑Tenant in Possessiull. 4. Application is made for: Ordinance of the L ARIANCE from the provisions of Section�� ---- -page _�� of the Zoning City of Northampton. ESPECIAL PERMIT under the provisions of Sect ion______p of the Zoning Ordinance of the City of Northampton. ❑OTHER: being situated on 5. Location of Property I Street; and shown on the Assessors Maps, side of ' the –- Parcel MLL Sheet No. 6. Zore ro osed work a d 1 or use; 7. Description of p P g. Sketch plan attac hed; -/Yes No g. Site plan:.^:Attched ,Not Required 10. Se�forth reasons upon which application is based: 11. Abutters (see instructions; list on reverse side of form) kno ledge. best of my 12. 1 hereby certify that information contained herein is true to pplicant's Signature 0 Assessor's Map Address Sheet No. Parcel 11. List of Abutters: �- �- / -- 6� � 2. e 4:56 CA 4. z' - �O 5. 7. 8. 9. 10. c LZ le- r , 16. ' 17. - 18. 19. 20. 21.- 22. 23. 24. 25. 26. 27. 28..- -_.- -- 29. TI+E RRINIING M %SS 30. (Attach additional sheets, if necessary)