Apr9
1
PERMIT
TYPE
PUBLIC
HEARING
DATE
PROPERTY ADDRESS/ ZONE/LOT SIZE
Finding
Apr 9,
2020
4:00 PM
23 Columbus Ave/Urban Residential B CLICK FOR PERMIT FILE 38B-144
OWNER EXISTING
USE
Naomi
London
Two-
Family
Home
Summary of Request:
The applicant is seeking to expand the garage along a non-conforming setback.
Compatibility with Zoning:
The garage was built with a 2’ side setback instead of the required 4’. The expansion would result in
doubling the length of the footprint to accommodate a studio space at the same non-conforming footprint
Under 350-9.3 The Board must find that the footprint expansion of the setback is not substantially more
detrimental to the neighborhood than the existing non-conforming setback.
Staff Recommendation
Staff has no concerns with the project.
SITE
2
PERMIT
TYPE
PUBLIC
HEARING
DATE
PROPERTY ADDRESS/ ZONE/LOT SIZE
Special
Permit
Apr 9,
2020
5:30 PM
1056 Westhampton Rd/WSP CLICK FOR PERMIT FILE 42-66
OWNER EXISTING
USE
Single
Family
Home
Summary of Request:
The applicant is seeking to convert the existing small house into a detached accessory unit and to build a new
principal structure on the site.
Compatibility with Zoning:
Detached accessory dwellings require a special permit under 350-10.10. The zoning requires that an owner
occupy one of the units. Given that the applicant developing this site to sell, the Board should require a deed
restriction to be put on record prior to issuance of a co.
Staff Recommendation
An
1. Prior to issuance of a certificate of occupancy, the owner must record a deed restriction indicating that
SITE
3
an owner must live in one of the units in compliance with the zoning ordinance. Sample language used in
other such restrictions:
That (owner and owner), owners of the real estate at (address, City), more particularly shown as (deed
description, deed date, book & page) hereby Covenant and Agree that
“The structures at (address, city and state) include a single family dwelling and an accessory apartment
in a detached structure as defined in the City of Northampton Zoning Ordinance. (I/We), as the owner of
said property, will occupy one of the dwelling units on the premises as the owner's permanent primary
residence, except for bona fide temporary absences. The accessory structure will not be used as a
second principal dwelling without first demonstrating that it meets all requirements of the City of
Northampton Zoning Ordinance and the Massachusetts State Building Code”
Each subsequent owner shall, within 30 days of the sale, submit a notarized letter to the Building
Commissioner stating that they will occupy one of the dwelling units on the premises as their primary
residence.
Executed as a sealed instrument this (date)
Owner’s name and signature
Other owner’s name and signature
Notarized and recorded at the registry of deeds.
.