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15B-045A Chesterfield Rd. Plan Anton & Mott41EI-API -BOW 2654 PAS /4 IN BOA PA 3 x'89 A TO TWA Y ***� - Ro s��,,.1 41 S85020, 50 E J O ' O b rn 100 0 30' --� Ri 0 S0' !— 2 of w roBE CO/VVE - YED 4O � 01,9 R - POR /ON T • .t BOOS F 294 142 ...,",n 1948 P * ,,, f - SE:' JAD"4N BOOK 75 ' ,P,gGE 7 /89,48. 7S ' O L5 0 S T �T FRONTA6C- A A >�'Y Ip R` G�NT CHE � is •� 175 o o . STERF� ,4 6 r WIDE D H AAfpSH /RE COU RO AD TY H /Gyiyq Y PLAN HAS &MV PREPARED JV E 1976 RULES AM REa" 7XW F DEEDS OF TW COMMONWEAL TH SWVEYOR:S�� f 4 '�� L EATON N PLAN OF LAND IN NOR THAMP TON, MA SSA CHUSET TS PREPARED FOR ANTON J.,JR. d JANET A. MOTT SCALE - I" = 30' SEPTEMBER /51988 HAROLD L. EATON AND ASSOCIATES INC. REGISTERED PROFESSIONAL LAND SURVEYORS 9 SUNRISE DRIVE— HADLEY -- MASSACHUSETTS 30 0 30 60 90 120 9 0 9 FEET 18 27 36 Scanned Digitized << Checked A' ISB -ocls 6 Checked a - _ - - ._ • _ • _ t. - {.. - - �. -- - _ •• _ �,g .P -1..u_ _t £- �,��r -.:�_ - r r+�.�.w�aaa .Y S✓• . * {- _ rs. - - .� - � ° <' + - � VdYI.►��+=i� s�yriP�i�r.y'` .yMr ''- � +iil�' � '"�'^•` _ _ . -. _= - _ f %NO FORM A ;dORTHA; : ?TGII, MASZ . October 19, 1988 Late ArPLICATIO:: FOR E;IDORSEME :: OF FLA:! BEL.Ll V- :101' TO RErQUIP.E APPROVAL File one ccmpleteu form with the Planning Board and one cop;; with the City Clerk in accordance with with requirements of,Section 3.02. To the Planning Board: The undersigned, believing that the accompanying'plan of his property in the City of Northampton does not constitute division within the meaning of the Subdivision Control Law, herewith submits said plan a determination and endorsement that Planning Board approval under the Subdivision Control Law is not required. Anton J. Mott, Jr. & 1. Applicant Janet A. Mott L'°�"aed iif,K Print or type name - - "Sig ature 185 Chesterfield Road (Leeds) Anton J. Mott, Jr. Address 2. Owner & Janet A. Mott .Tt'r Print or type name Sig ature c/� 185 Chesterfield Road (Leeds) ' Address 3. Surveyor Harold L. Eaton RPLS Print or type name Signature 9 Sunrise Drive, Hadley, Ma. 01035 Address 4. Deed or property recorded in Hampshire County Registry, Book 2948 Page 142 5. Location and Description of Property: Chesterfield Road, Northampton (Leeds) Date of Submission November 8, 1988 City Cler Sig a e 33 ,/ a.. FORM A i 1jAvc- October 19, 1988 Late ArPLICATIOI: FOR EJiD ORSZYIE OF FLA :; BLLIE.VED NO TO REQUIRE AFFROVAL File one complete, fora with the Planning Board and one cop;; with the City Clerk in accordance with With requirements of.Section 3.02. To the Planning Board: Road (Leeds) Anton J. Mott, Jr. Address 2. Owner & Janet A. Mott I,— - Print or type name Sig ature f� — cT' - 185 Chesterfield Road (Leeds) Address 3. Surveyor Harold L. Eaton RPLS r r i n t or t ype name Signature i e Drive, Hadley, Ma. 01035 Address Anton J. Mott, Jr. & 1 • Applicant Janet A Mot Print or type name Sig ature` 185 Ch esterfield The undersigned, believing that the accompanying plan of his property in the City of Northampton does not constitute division within the meaning of the Subdivision Control L, here��itn aw submits said plan "for a determination and endorse^nent that Planning Board approval under the Subdivision Control Law is not required. 4 . Deed or property recorded in Hampshire County Registry, Book 2948 Page 142 5. Location and Description of Property: Chesterfield Road, Northampton (Leeds) Date of Subrtis_ on Novembe 8 19 88 City Clerk Sign to 33 4.r DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on March 21, 1990, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the Application of Donna Dwyer for a Variance from the Provisions of Section 2.1 of the Northampton Zoning Ordinance, and a Special Permit under the Provisions of sections 5.2 and 11.9 for the purpose of allowing the inclusion of an accessory apartment in a single - family dwelling to be built on Chesterfield Road (Parcel 45, Sheet 15B of the Northampton Assessor's Maps). Present and voting were Chairman Robert C. Buscher, William Brandt, and M. Sanford Weil, Jr. As to the Variance, the Findings are as follows: The Board found that, even though the definition of "Accessory Apartment" in Article II of the Northampton Zoning Ordinance reads in part... "A self- contained housing unit, incorporated within an existing structure that is currently being used as a single - family dwelling..." the ordinance framers did not intend to prohibit builders of new single - family dwellings from including therein an accessory apartment that satisfies all the criteria of Section 11.9. The Board found that a significant economic hardship would fall to the applicant if she were forced to first build a single- family dwelling, and when it was complete, apply for a Special Permit to add an accessory apartment. Granting this request will not create a substantial detriment to the public good; nor will it nullify or substantially derogate from the intent and purpose of this ordinance. Accessory apartments are allowed in this district by Special Permit, and the outward appearance of the structure is that of a single - family home. As to the Special Permit, the Findings are as follows: The requested use is listed in the Table of Use Regulations, and in Section 11.9 of the Northampton Zoning Ordinance as being allowed by Special Permit in the district for which application is being made. The use requested bears a positive relationship to the public convenience or welfare in that it creates a unit of housing in the city for a widow who is financially unable to maintain the home that she and her late husband occupied. ""W s' NORTHAMPTON ZONING BOARD OF APPEALS DECISION DONNA DWYER APPLICATION FOR A VARIANCE AND SPECIAL PERMIT PAGE TWO The requested use will not create undue traffic congestion or unduly impair pedestrian safety. This parcel is a large lot in a rural setting. The requested use will not overload any municipal systems; nor will it unduly impair the integrity or character of the district. It is in harmony with the general purpose and intent of the ordinance. Robert C. Buscher, Chairman William Brandt r M. SaAford Weil, Jr. „ ,0.1 Northampton Zoning Board of Appeals March 7, 1990 Meeting Page One The Northampton Zoning Board of Appeals met at 7:45 P. M. on Wednesday, March 7, 1990 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main St., Northampton, to conduct a Public Hearing on the Application of Donna Dwyer for a Variance from the Provisions of Section 2.1, and Special Permits under the Provisions of sections 5.2 and 11.9 of the Northampton Zoning Ordinance, to allow the inclusion of an accessory apartment in a dwelling to be built on Chesterfield Road. Present and voting were Chairman Robert C. Buscher, William R. Brandt, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, and a memorandum from the Northampton Planning Board. Atty. Thomas Growhoski appeared for the Applicant, and explained that the Dwyers were going to build a home for themselves - -that Mrs. Dwyer's father had died recently leaving her mother unable to maintain the family home- -and that they wanted to include, in the construction of their new home, an accessory apartment for her mother. The Variance is needed because the Ordinance allows accessory apartments in existing dwellings. The Planning Board felt that was not an intended requirement. As to the Special Permit, Mr. Growhoski pointed out that the 688SF apartment is a completely separate unit, the owners will occupy the main house the dwelling has the appearance of a single - family house, the apartment contains 28.5% of the dwelling's total floor space, there is adequate parking, and the Building Inspector approves the plan. As to the Variance, Mr. Growhoski felt that a peculiarity in the ordinance results in a foolish technicality. He addressed the Chapter 40A criteria as follows: The shape of the house is unique- - without the accessory apartment, it would be smaller and differently shaped. It is unique in that there is no other planned construction in the area. The hardship is that the Dwyers cannot afford to construct the house without the income from the accessory apartment. A literal enforcement of the work "existing” causes the hardship, and would require the Dwyers to first build their home, then after it becomes "existing," they would have to come in for a Special Permit and make the addition at much greater cost. Relief can be granted without derogating from the intent of the ordinance, and it adds to the housing stock in the city. Ch. Buscher asked him, "What say you to the Planning Board's request on not granting the Special Permit without site plan review by them ?" Mr. Growhoski replied, "The Planning Board's recommendation is not binding. I felt no site plan was required. I would urge you to decide tonight, because a literal reading of the ordinance does not require a site plan." Mr. Weil commented, "You need a Variance on the interpretation. r.. ,0.1 Northampton Zoning Board of Appeals March 7, 1990 Meeting Page Two How do you have a hardship problem when the building hasn't even been built? Mr. Growhoski replied, "The courts are strict on use variances, but far less strict on dimensional variances. We are here more for a dimensional variance - -the courts would be less strict here. There is no requirement in 40A that the building has to exist. Our situation is unique." Mr. Weil continued, "This is really a two - family. That's not what the ordinance intended." Mr. Growhoski replied, "Accessory apartments are being encouraged. This is not a two - family dwelling. It's a mother -in -law apartment. We are trying to be up- front and do it right." Ch. Buscher commented, "My difficulty is that you could build this building exactly as presented, except for the kitchen. Mrs. Dwyer's mother would have her apartment, without a kitchen, until - they got the Special Permit. You say the Dwyers can't afford to build a house this size without Mrs. Dwyer's mother's help ?" Mr. Dwyer replied, "The house without the apartment costs $108,000. The apartment is another $58,000." Mr. Brandt stated, "The purpose of the accessory apartment ordinance is to provide housing. It meets the criteria Why not do it now instead of forcing them into a charade ?" Mr. Weil asked, "Why does the ordinance say 'existing' ?" Atty. Bart Gordon, in the audience for another matter, commented, "I chaired the Mayor's Task Force on land use. In 1985 we were pushing for accessory apartments. The original thoughts were not exclusively existing dwellings. The Planning Board put that word in. It was not the intent of the original committee." There was no one present to speak in support or in opposition, so Mr. Weil moved that the Public Hearing be continued to March 21 to allow the Planning Board to look at the site plan at their meeting March S. Mr. Brandt seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman r.. "oe Northampton Zoning Board of Appeals March 21, 1990 Meeting The Northampton Zoning Board of Appeals met at 7:05 p. m. on Wednesday, March 21, 1990 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, to continue the Public Hearing on the Application of Donna Dwyer for a Variance and Special Permit to allow the inclusion of an accessory apartment in a home to be built. Present and voting were Chairman Robert C. Buscher, William Brandt, and M. Sanford Weil, Jr. Ch. Buscher read the Legal Notice and summarized the Application. He read the minutes of the Planning Board meeting of March S. Mr. Weil moved that the minutes of the Public Hearing held on March 7 be approved without reading. Mr. Brandt seconded, and the motion passed unanimously. Atty. Thomas Growhoski was present to represent the Applicant. He said, "This matter is ripe to be acted on. The hardship is more dimensional than 'use.' There was no one present to speak either - in favor or opposition, so Mr. Weil moved the Public Hearing be closed. Mr. Brandt seconded, and the motion passed unanimously. Mr. Weil went through the Section 10.10 criteria and found them all to be met. "I have no problem with the special Permit. As to the variance, I find hardship in that it would be very difficult and expensive to build the house first, and when it is completed, add on the accessory apartment. I originally felt differently, until Bart Gordon explained that "existing" was not part of the original intent of the ordinance. I am persuaded by his argument to be more lenient in this particular case, but I won't let developers build two - family houses by constructing a one - family with an accessory apartment. We should warn the Planning Board to change the ordinance ASAP so we don't face this again. I'm prepared to allow the Variance." Mr. Brandt added, "I'll vote in favor. The Application is made in the spirit of the ordinance. The intent is clearly to create additional housing. It makes no sense to me to force them to build a house and then later add on the apartment. I'll vote in favor. Ch. Buscher said, "Like Sandy, I was at first adverse to granting the Variance. Variances should be difficult to obtain, but I also was swayed by Mr. Gordon's comments about the original intent of the ordinance. The law here creates a ridiculous situation, an artificial distinction. Also, in my opinion, getting the apartment in at the very get go, designing it so it doesn't show, preserves the visual impact. I'd vote for the Variance and the Special Permit. Mr. Weil also added that he found the plans satisfied all the requirements of Section 11.9 of the ordinance, and that an affidavit of residency was in the file. He moved that the variance be granted. Mr. Brandt seconded, and the motion passed Northampton , ■.s Zoning Board of Appeals March 21, 1990 Meeting unanimously. Mr. Weil then moved that the Special Permit be granted. Mr. Brandt seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman 1... CITY OF NORTHAMPTON ZONING BOARD OF APPEALS NORTHAMPTON. MASSACHUSETTS 01060 DATE: APRIL 5, 1990 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: DONNA DWYER - ADDRESS: 362 KENNEDY ROAD CITY: LEEDS, MA 01053 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: CHESTERFIELD ROAD, LEEDS (PARCEL 45, SHEET 15B) And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance/ special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning 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 extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed in the Office of the City 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 recording or registering shall be paid by the owner or applicant. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: By: 6 �i5: Y5 Chairman Secretary 4 ' a ; a.. .Moe CITY OF NORTHAMPTON ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 01060 DATE: APRIL 5, 1990 RE: THE APPLICATION OF DONNA DWYER FOR A VARIANCE AND SPECIAL PERMIT TO ALLOW THE INCLUSION OF AN ACCESSORY APARTMENT IN A DWELLING TO BE BUILT ON CHESTERFIELD ROAD, NORTHAMPTON. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the Variance and Special Permit. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. Robert C. Buscher, Chairman ,CITY OF NORTHAMPTON ZONING PERMIT APPLICAT N Zoning Ordinance Section 10.2 Owner Donna Dwyer I a Received:: Address 362 Kennedy Road, T,PPd I nuninmm� n Telephone (H) 584 -1926 Telephone Lot 45 Plan File This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: .(Z.O. ARTICLE VI) Zoning Use Lot Front Depth Setbacks Max. Bld. Min. Op. Front Side Rear District Area Width Cover Space /4 0,001 Past R —A Existing. t 175' 220' A % ° /a 0,001 =30' Present UR—A Proposed resi s .f 175' 2 20' 50' =75' 100' 4.5 % /o 95.5 Mark the appropriate box to indicate the use of the parcel: ❑ Non - Conforming Lot and /or Structure. Specify ® Residential w /accessory apartment ❑ Business ❑ Individual ❑ Institutional ❑ Subdivision ❑Single Family Unit ❑ Duplex x Map No. 15B File No. ❑ Multi -Fam & OF PANNING ❑ Regular` ❑ PMU.13. ❑ Cluster ❑ Other f r ❑ Subdivision with "Approval- Not - Required " - Stamp: ❑ Planning Board Approval: ® Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes No Parking Space Requirements: (Z.O. Sect. 8.1) Required 3 Proposed 3 Loading Space Requirements: (Z.O. Sect. 8.2) Required NIQ Proposed S igns: (Z.O. Art. VII) ❑ Yes ;1 No Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes EkNo Plot Plan (S.10.2) ® Yes ❑ No This section for OFFICIAL use only: Site Plan ❑ Yes ® No (S. 10.2 and 10.11 Waiver Granted: Date ❑ ❑ Approval as presented: ❑ Modifications necessary for approval: ❑ Return: (More information needed) M Denial: Reasons: ��9�(� 0 cLv Signature of Applicant `k3 - Seed - tSaz, Date Sign ure of Admin. Officer Date P Y 11-1) It Do Not Write In These Spaces �.. Application Number: _ 4 T.. Rec'd. B. 1. Checked Filed Fee Pd. Rec'd. ZBA Maps) Parcels) By Date ey Date Date Amt. e t � ey Date 4 `J 4 � APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant D Address 'I 2. Owner of Property —D Address - S 3. Applicant is: downer 4. Application is made for: O Contract Purchaser; .9 VARIANCE from the provisions of Section 2.1 page 2 -1 of the Zoning Ordinance of the City of Northampton. Def, accessory apartment 5.2 and 11 -25 $SPECIAL PERMIT under the provisions of Section 11.9 page 11 -25 of the Zoning Ordinance of the City of Northampton. D OTH ER: 5. Location of Property - Rond , being situated on the Nort side of, Chester Rd .,Leedg Street; and shown on the Assessors' Maps, Sheet No. 1 5 B Parcel (z) 45 6. Zone UR -A 7. Description of proposed work and /or use; The applicant proposes to build a single _ family for herself with an accessory apartment for her mother to live in 8. (a) Sketch plan attached; ®Yes El No (b) Site plan: OAttched ® Not Required 9. Set forth reasons upon which application is based: An "accessory apartment" is defined (in part) as "housing. unit incorporated within an existing structure...." The applicant desires approval to construct an accessory apart ment at the same time her single family dwelling is constructed 10. Abutters (see instructions; list on reverse side of form). See attached please 12. 1 hereby certify that information contained herein is true to the best of my knowledge. Date A pplicant's Signature �� Ct0 S ly sjYy e�, A Hi Z h YI 4 f 0-4 - !S !l January 18, 1990 V fir kR; Robert C. Buscher, Chairman Zoning Board of Appeals City of Northampton Northampton, MA 01060 RE: Letter of Application Dwyer: Proposed Accessory Apartment Dear Mr. Buscher: Please find enclosed an application for a variance and special permit. We are proposing to build a single - family dwelling with an accessory apartment. My husband and I intend to occupy the main part of the house (the single- family dwelling) as our permanent residence, while my mother will live in the "accessory apartment ". If there is any further documentation necessary to expedite this matter, or if you should have any other concerns, please do not hesitate to contact our legal representative, Attorney Thomas M. Growhoski, 60 State Street, Northampton, MA 01060, (413) 584 -1500. Sincerely, - A �KZ Donna 4Dwy, COMMONWEALTH OF MASSACHUSETTS Hampshire, ss . Date : :Jo_vi ua v` 18 1 lc{q o Then personally appeared the above named Ta/J uA Do E e- and acknowledged the foregoing instrument to be true and accurate and her free act and deed. -V ,Notary Public My commission expires:A : 3 ...i