15B-013A 84 Spring St. Permit Planning, %.r
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THE COMMONWEALTH OF MASSACHUSETTS
NORTHAMPTON
City or Town
BOARD OF APPEALS
Date:
June 19, , 1987
Certificate of Granting of Varia T - m Special Permit
(General Laws Chapter 40A, Section 11)
The Board of appeals of the City or Town of Northampton
To
Address
City or Town
hereby certifies that a Vim' Special Permit has been granted
Joseph & Barb Bat ura
84 Spring Street
Northampton, MA
affecting the rights of the owner with respect to land or buildings at
84 Spring Street
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said vefianee- — special permit, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant.
airman
Clerk
416E 19LIa C. C. o ) V6 /1/
FORM 1094 HOBBS &WARREN. INC.. ReviSEO 1976
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DECISION OF
ZONING BOARD OF APPEALS
At a meeting held on June 1, 1987, the Zoning Board of
Appeals of the City of Northampton voted unanimously to grant
the Special Permit request of Joseph and Barbara Batura, 84
Spring Street, Leeds, MA for the purpose of replacing a barn
with a two -car garage and installing an above - ground pool on
property located within the Watershed Portection District at 84
Spring Street, Leeds, MA. Present and voting were: Chairman
Robert C. Buscher, Peter Laband and Irene David.
P. Laband noted that this request for the construction of a
garage and an above - ground pool under normal circumstances in a
URA zone would be allowed by right, however, under Section 14.3
(1) of the Northampton Zoning Ordinance, a Special Permit is
required. Referring to Section 14.5, he found that the
applicants have satisfactorily provided the Board with the
information required under Paragraph #2• Referring to Section
10.10, he found that the requested use is allowed; that the
requested use bears a positive relationship to the public
convenience; that there will be no change in traffic; that the
requested use will not overload municipal services; and that
the requested use will not impair the integrity or character of
the district.
R. Buscher concurred, finding that the two accessory
structures that are requested comply with the minimum setback
requirements, and that although the Watershed Overlay District
designation is valid and necessary, this stream represents a
small tributary of the Mill River and is unlikely to bear a
flood stage that would be altered by the erection of these
structures.
I. David concurred.
i
Robert C. Buscher, Chairman
Peter L and
Irene David
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CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
TO: Zoning Board of Appeals
FROM: L. Smith, Planner, on behalf of the Northampton Planning Board
SUBJECT: Batura - Special Permit Request
DATE: June 1, 1987
FILE:
At their meeting on May 14, 1987, the Northampton Planning Board
reviewed the request of Joseph & Barbara Batura for a Special Permit for
the purpose of replacing a barn with a two -car garage and installing an
above - ground pool on property located within the Watershed Protection
District at 84 Spring Street, Leeds, MA.
After discussing the matter with the applicants and hearing the report
of the site inspector, the Planning Board voted unanimously to recommend
approval of the Special Permit.
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APPLICATION TO THE CITY OF NORTHAMP
ZONING BOARD OF APPEALS
FOR VARIANCE OR SPECIAL PERMIT
APR 2 8 n87
DEPT. OF BUILDING INSPECTIONS
NO RTHAMPTON, MA, 01060
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
mould 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 REQUIREMENTS
CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE
BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM
REAPPLYING FOR TWO YEARS.
APPLICATION INSTRUCTIONS
1. State name and address of applicant.
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.
5. Location of property should be indicated by stree
�he pro perty is situated i.e. south
side of South Street; and with reference to the sh �1 as designated on
the assessors' tax maps. z.0
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6. Indicate the zone in which the property is located 2 8 1987 ,1 1 .1
7. State as concisely as possible the work you pro L!a proposed use of the
ro ert should ou r a lication be a roved. p p Y Y PP � PP
8. SITE PLAN /PLOT PLAN: The applican, 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:tion 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
Do Not
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Application Number: _
Filed FPP Pd. Rec'd 7R0 Mnn(s) ParrP11s1
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FlOR �01rP0N 1 VMgBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
t THANIFTO A. N
1. Name of Applicant L rho- ra a; . Batas & J oo eph J. Batura
Address 84 .spring. St.
2. Owner of Property 6 jhli
Address
3. Applicant is: giOwner; Contract Purchaser; DLessee; CTenant in Possession.
4. Application is made for:
VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
iISPECIAL PERMIT under the provisions of Section 14.5 page 14.5 of the Zoning Ordinance
of the City of Northampton.
[
5. Location of Property 8 Spring it. , being situated on
the Southwest side of Spring St. Street; and shown on the Assessors' Maps,
Sheet No. 15 , Parcel (s) 13
6. Zone
7. Description of proposed work and /or use; Replacement of barn with 2 —car garag
Installation of ABOVE round oo a i ready approved onserva lon
Commission.
8. (a) Sketch plan attached; []Yes []No
(b) Site plan: ❑ Attched El Not Required
9. Set forth reasons upon which application is based: =? en; ai 4 Prmit fnr ii,-,a in the
WAtPr.hPri PratPrti nn Tai stri r+
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 _.,,111„t�/ r- ;? A pplicant's Signature Z�
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APR 2 8 1987 �
DEPT. OF
MP 0NG INSPECTIONS
N, MA. 0 1060 E G
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Form 6
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Commonwealth
of Massachusetts
J
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DEQE File No. 246- 171 F .
(To be provided by DEQE)
City/Town Northamptnn
Applicant Batura
Notification of Non - Significance
Massachusetts Wetlands Protection Act, C.L. c. 131, §40
From: the Northampton Conservation Commi Issuing Authority
To: Barbara R. B atura
(Name of Applicant) (Name of Property Owner)
Address 84 Spring St. , Leeds, MA Address
This notification is issued and delivered as follows.
® by hand delivery to applicant or representative on May 1 - , 1 9 8 7 (date)
❑ by certified mail, return receipt requested on (date)
The project is located at: 84 Spring R r _ T.P P cI q , MA n 1 n 5'J
The property is recorded at the Registry of it P P �1 u a . T s h i rP Cnurt t3Y
Boo Page
Certificate (if registered)
The Notice of Intent for this project was filed o April 24, 1 Q A 7
(date)
The public hearing was closed on MMY 1 l ,—�-Q 7 (date)
The plans descrnoing the project are titled and dated; Sketch Plan submitted with Notice Of Intent
Findings
The Conservation Commission has reviewed the above- referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to th P rnmmi s S i ou at this time,
the C o m m i s s i o n has determined that the area on which the proposed work Is to be done is not significant to any interest identi-
fied In the Act. Therefore, no Order of Conditions will be issued.
The reasons for this determination are as follows:
a) the project site is well elevated above the floodplain;
b) the project site is extremely level
c) the area between the project site and the brook is a well established and
........................................................................................................................................................ ...............................
(Leave Space Blank)
6 -1
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(Reasons for determination continued)
c)(continued) manicured lawn area, all of which will prevent any silt or erosion
into the wetland area.
(The above section must explain in detail what resource area is Involved In the Notice of Intent and why the presumption of significance
or non - significance set forth in the regulations for this resource area is not valid in this case.)
1. This Notification does not relieve the applicant of the necessity of complying with all other applicable federal, state or local statutes,
ordinances, by -laws or regulations.
2. No work shall be undertaken until all administrative appeal periods from this Notification have elapsed or, If such an appeal has been
filed, until all proceedings before the Department have been completed.
3. No work shall be undertaken until the final Notification has been recorded In the Registry of Deeds or the Lend Court for the District
In which the land is located within the chain of title of the affected property.
4. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Quality Engineering, File Number 24 6-1 7
5. This Notification shall be valid for three years from the date of issuance.
IsauedBy the
I
WherKesued by the Conservation Commission the Notification must be signed by a majority of its members.
On this Q?LVL � of 19 0 �z "before ma
personally appeared
to i known to be the person described in and who executed the foregoing instrument
and acknowledged that he /she executed the same as his/her free act and deed.
WENDY RFAZZA
NOTARY PUBLIC
4Notaryblic My COMMISSIOiTE
My commission expires
A copy of this Notification shall be sent to the a OCTOBER 24, 1991
ppropriate regional office of the Department of Environmental Quality Engineering.
The applicant, the owner, any person aggrieved by this Notification, any owner of land abutting the land upon which the proposed work
Is to be done or any ten residents of the city or town In which such land is located are hereby notified of their right to request the Depart-
ment of Environmental Quality Engineering to issue a Superseding Order, provided the request is made by certified maii or hand delivery
to the Department within ten days from the date of issuance of this Notification. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservaton Commission and the applicant.
Detach on dotted line and submit to the tion Commission prior to commencement of work.
............................................................................................. ...............................
To the Northampton Conn r
vatJ0 n Commission
Issuing Authority
Please be advised that the notification of non - significance for the project at
File Number 246- 4 has been recorded at the Registry o f Deeds, Hampshire County
and has been noted in the chain of title of the affected property on
.19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature
Applicant
6-2
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Form 4
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Commonwealth
of Massachusetts
r
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DEQE File No. 246 -
(To be provided by DEQE)
City /Town Northampt n
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Applicant 14 "V
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
To be used only for projects of minimum impact, as described in the General Instructions for Completing the
Notice of Intent.
1. location
2. Project:
Lot Number
J r
Descriptio et oZ N X f
3. Registry: County Hampshire Current Boo 8 Page
Certificate (if Registered Land)
4. Applicant: ��h / „� a ,s �t�� A Tel. T
Address: Je Z e ec I
5. Property Owner: Tel.
Address:
6. Representative: Tel•
Address
7. Have the Conservation Commission and DEQE Regional Office each been sent, by certified mail or
hand delivery. 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes JZ No • 0
8. Have all obtainable permits, variances and approvals required by local by -law been obtained or applied
for? Yes ® No 13
Obtained:
Applied For: ` 's Not Applied For:
Ca e C 1 r-��GL� J /J.
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c.130,§105? Yes 0 No JM
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number /Letter
y� Title /Date
-
4 -1
14"
11. For work proposed within the Buffer Zone (as defined in Part I, Sections 10.02(2) and 10.04 of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work. or
9A/9 4,9 e
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders; or if it will alter said resource area, the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations.
; /2 p��✓i.7 1 f S'u d �ics> .ems .P e
.,
12. For work proposed within land Subject to Flooding (as defined in Part III, Section 10.57(2) of the reg-
ulations) describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part III,
Section 10.57(4) of the regulations.
iP iV
.
O / l/ir 7 v y; f -
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents and supporting data are true and complete, to the best of my knowledge.
Signature of Applicant
Signature of Applicant's Representative
4 -2
Date
Date
Form 2
Commonwealth
�= of Massachusetts
DEOE File No.
[ ;be
City/Town NOrtham= t
Batura
Applicant
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c.131, §40
From Northampton Conservation Commission Issuing Authority
To Barbara Bat tra -
J7 of person making request) (Name of property owner) -
Address i LS rin- St Leeds, MA Address Same
This determination is issued and delivered as follows:
ZY by hand delivery to person making request on Aiig ?? 1 9,q6 - (date)
❑ by certified ail, return rece t 7neste o (date)
Pursuant to the authority of G.L. c. 131, §40, the Northampton r onqPryq Y; nn r'nmmi c ci an
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination (check whichever is applicable):
This Determination is positive:
1, Cl The area described below, which includes all /part of the area described in your request, is an Area
Subject to Protection Under the Act. Therefore, any removing, filling, dredging or, altering of that
area requires the filing of a Notice of Intent.
2. ❑ The work described below, which includes all /part of the work described in your request, is within
an Area Subject to Protection Under the Act and will remove, fill, dredge or alter that area. There-
fore, said work requires the filing of a Notice of Intent.
2 -1
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3. ❑ The work described below, which includes all /part of the work described in your request, is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act. Therefore, said worts requires the filing of a Notice of Intent.
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
1.-4
2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
3. ® The work described in your request is within the Buffer Zone, as defined in the regulations, but will
not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the
- _ filing of a Notice of Intent, provided: a1 hay is spread sufficiently to prevent ero—
sion, and b) excav -ated material$ are placed i t th "IOw r Lel
X
lJ a area described in your eques is i § to ro ection nde7r the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations, no Notice of Intent is required:
Issued by Northampton Conservation Commission Conservation Commission
A
Signature(s)
This Determination must be signed by a majority of the Conservation Commission.
On this day of �L 19 before me
personally appeared �� o to me known to be the
person described in, and who executed, the foregoing instrument��nd acknQwle�.dge�g he a executed
the ame as hisAw free a deed.
p �
MY
i
ary Public o s n T 14, 19911
My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances,
by-laws or regulations. This Determination shall be valid for three years form the date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed
work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the
Department of Environmental t]ualily Engineering to issue a Superseding Determination of Applicability, providing the request is made
by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination. A copy of the request
shall at the same time be sent by certilied mail or hand delivery to the Conservation Commission and the applicant.
2 -2A
Form 1
' Commonwealth
s of Massachusetts
DEQE File No. 246_
(To be provided by DECE)
City/Town Northampton
Applicant
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. - c.131, §40
1. I, the undersigned, hereby request that the Northampton
Conservation Commission make a determination as to whether the area, described below, or work to be
performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection
Act, G.L. c. 131, §40.
2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the
location of the area subject to this request.)
See attached map.
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
proposed work.)
To remove only enough soil to provide a level area for an ABOVE ground pool.
i
4. The owner(s) of the are, ' not the person making this request, has b" given written notification of this
requeston `-w • (date) r••y
The name(s) and address(es) of the owner(s):
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on (date)
Northeast Southeast
323 New Boston Street Lakeville Hospital
Woburn, MA 01801 Lakeville, MA 02346
Central -
75 Grove Street - Department of Environmental Quality Eng
Western Regional Office
Worcester, MA 01605 _ State House West
436 Dwight St., Springfield, MA 01103
-k
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3) (b) 1 of the regulatibns by the Conservation Commission and that I will be
billed accordingly.
Signature r sr i Name _ Barbara R. Batura
Address 84 Spring St., Leeds, Northampton, Ma.
1 -2
584 -6602
Tel. __ _
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