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2007 Zoning Board MinutesNorthampton Zoning Board of Appeals Minutes of January 11, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair, Sara Northrup 5 Vice Chair, David Bloomberg Malcolm B. “Barry” Smith ; Bob Riddle Assoc. Member 5 Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. Sara Northrup opened continuation of a request by Nuttlemans for Finding on Prospect Street. Staff read the request by the applicant to withdraw the application. No public comment. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the Board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the Board voted unanimously to allow withdrawal without prejudice. 5:45 P.M. Sara Northrup opened Appeal by Mark Naidorf of a Building Permit issued for 332 Pleasant St, Northampton, Map ID 32C-179 and hearing on ZBA jurisdiction of Building Permit appeals. The Board discussed the nature of the project and needed clarification. John Fitzgibbon representing Naidorf presented memorandum advocating client’s position. He clarified that his client feels that there is a zoning ordinance violation. Board discussed jurisdiction under section 8 and whether enforcement action is administrative David Bloomberg stated he didn’t have a problem hearing the issue of administrative “inaction” by Building Commissions because it is a zoning issue not a building permit issue. David Bloomberg recognized the owner, Jay Fleitman, Fleitman requested continuance to have time to retain legal counsel to review the case law suggested by Fitzgibbon. Fitzgibbon stated that he cannot go to Superior Ct on a zoning issue until all remedies are exhausted Discussion about whether to continue to review memos and caselaw reference. Upon motion by Elizabeth Wroblicka and second by David Bloomberg the board voted unanimously to continue to Feb 8 at 5:45 P.M. Upon motion by David Bloomberg and second by Elizabeth Wroblicka, the board voted unanimously to adjourn. 11 Mass App 471. Northampton Zoning Board of Appeals Minutes of January 25, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair, Sara Northrup Vice Chair, David Bloomberg 5 Malcolm B. “Barry” Smith ; Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. Sara Northrup opened the request by Doug Wheat and Amy Seldin for a Special Permit for Home Occupation at 30 High St., Florence, Map ID 17D-73. Doug Wheat described the application/business. He stated he anticipated working hours between 8- 6 and 9-12 on Saturdays with only 1-2 clients per week and specified how he would meet the standards in the zoning ordinance. Barry Smith asked about growth of client base. There was a discussion about the appropriate number of client visits per week. There was no one from the public to speak. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to close the hearing. Upon motion by Bob Riddle and second by Barry Smith, the board voted unanimously to approved permit with conditions for hours of operation and with no more than 24 clients per week. The Board reviewed minutes for 8/10 (2), 9/14(2), 10/12, 11/9, and 12/14. Upon motion by Bob Riddle and second by Barry Smith, the board voted unanimously to approve minutes with one change to the 9/14 minutes. The Board voted unanimously to adjourn. Northampton Zoning Board of Appeals Minutes of February 8, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair, Sara Northrup ; Vice Chair, David Bloomberg 5 Malcolm B. “Barry” Smith ; Bob Riddle Assoc. Member ; Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:45 P.M. Sara Northrup opened the continuation of an appeal by Mark Naidorf of a Building Permit issued for 332 Pleasant St, Northampton, Map ID 32C-179 and hearing on ZBA jurisdiction of Building Permit appeals. John Fitz-Gibbon spoke and asked about jurisdiction. Board discussed issue of jurisdiction. Seewald argued that Northampton has a different process through Zoning Permit application and therefore process used by other municipalities would have relief through ZBA. Board accepted jurisdiction. FitzGibbon argued that this is not medical office but a clinic/center. Argued that should be treated as medical office/center with respect to parking. Board discussed with FitzGibbon the Building Commissioner’s discretion and the separation of evaluation between parking and use. Not necessarily “medical office” . It is the broad category of miscellaneous office, Alan Seewald, representing property owner stated that zoning actually allows discretion by schedule in 8.1 specifically. Parking table states that it is about providing parking for the actual use. 8.1(c). Argued this is not a medical center. Appellant’s building has more impact than property owner on property owner’s because changes in larger building would require Board discussed jurisdiction of building commissioner to decide. Tony Patillo stated that one avenue of review was the fact that he required sprinklers because of sleeping function. Used that as bases for primary use. Seewald stated there was no treatment on site. Barry Smith stated that Building Commissioner’s discretion is not unfettered by ordinance. David Bloomberg asked for clarification of No one speaking from public. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to close the hearing. Sara Northrup stated that she couldn’t find any thing in ordinance that would limit flexibility. David Bloomberg stated that common sense is requested in ordinance to ensure that unrealistic. Upon motion by Barry Smith, and second by David Bloomberg, the board voted unanimously to deny appeal. David Bloomberg asked for discussion before motion voted on. David Bloomberg stated he didn’t feel that there was any other way to interpret last statement in table of parking standards allowing that commissioner has discretion. Wouldn’t make sense if he didn’t have this discretion. Heard from Patillo that for purposes for satisfying parking that 2 people would stay all night long. Not able to speculate about future possible uses of property. Logical and natural tendency would be spillover from appellant’s property to defendant’s property given size of building that will be reused. Minutes for Jan 25. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to accept 1/25 minutes. NOTE NAIDORF property Gross building area is 11,900 sf with about 13 parking spaces. (40 required for retail/office) Northampton Zoning Board of Appeals Minutes of Feb 22 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith 5 Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. Bob Riddle opened the request by Hans Vaget & Ann Leone for a Finding to expand a pre-existing non-conforming structure at 26 Winthrop St, Northampton, Map Id 38B-281. Tom Douglas, architect representing the applicant, described the need for the Finding and how the project met the Finding standards. Ron Ackerman and Cleo Gorman, 32 Winthrop raised concerns about the expanse of the structure extending to the rear of the property. They expressed concern about it being a wall. The applicant stated that she would be more than willing to continue to work with her neighbors on mutually agreeable landscaping to soften the side of the building. The abutters felt comfortable with that. Bob Riddle granted the Finding with the condition that the landscaping be installed along as much fo the addition as feasible. Northampton Zoning Board of Appeals Minutes of March 8, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup Vice Chair, David Bloomberg 5 Malcolm B. “Barry” Smith ; Bob Riddle Assoc. Member ; Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:40 P.M. Barry Smith opened the request by Wright Builders for a Finding to construct an addition to a building at 48 Bates St, Northampton Map ID 25A-45. Jonathan Wright described the nature of the non-conformity and the proposed additions for office space. Bob Riddle asked for clarification about the setbacks to the corners of the existing and proposed project. Peter Gramelli, abutter and partner in MGM, LLC spoke in favor of the project Upon motion by Bob Riddle and second by Elizabeth Wroblicka, the Board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Bob Riddle, the Board voted unanimously to grant the Finding. Northampton Zoning Board of Appeals Minutes of April 26, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:10 P.M. Sara Northrup opened the request by Wright Builders, Inc. for a Finding to expand a non- conforming rear setback at 129 Vernon St, Northampton, Map Id 31A-313. Roger Cooney presented application to Board Administrator and presented photos of the existing conditions. There were no members of the public present. Sara Northrup closed the hearing and granted the Finding based on the fact that it was not substantially more detrimental to the neighborhood than the existing condition. Northampton Zoning Board of Appeals Minutes of May 10, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup ; Vice Chair, David Bloomberg 5 Malcolm B. “Barry” Smith ; Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:40 P.M. David Bloomberg opened the appeal by Benjamin G. James and Oona Mia Coy of the Building Commissioner's Decision to confirm a building lot at 1 Ventures Field Rd, Map Id 32C-319. Ben James, 8 Pomeroy Terrace described the reason for the appeal. Bob Walker, property owner and project representative, clarified that the frontage issue needed to be clarified and that there was significant grade change from Ventures Field Road to the front lot line due to the need to build an elevated approach road to the flood control dike. The road is not part of the dike structure itself. There was no public comment. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Bob Riddle, the board voted 0 in favor, 3 opposed to overturn Building Inspector’s decision. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to uphold the Building Inspector’s decision and therefore deny the appeal. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to approve the minutes of March 8 and April 26. Northampton Zoning Board of Appeals Minutes of May 24, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup ; Vice Chair, David Bloomberg 5 Malcolm B. “Barry” Smith ; Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. David Bloomberg opened the meeting and discussed summer schedules. The Board voted to meet July 26 and August 23. 5:35 P.M. David Bloomberg opened the Request for a dimensional Variance by Patrick Stevens/Mark Brousseau for an addition to 11 Langworthy Rd, Northampton, Map ID 31B-61. Mark Brousseau described the project and application on behalf of the property owner. David Bloomberg described the requirements for approval and the strict guidance they must follow from both state statute and subsequent caselaw. Such guidance dictates review based upon uniqueness of site, hardship, impact to ordinance and review of other relief. Anne Alexander, 11 Langworthy, asked for clarification of what and where additions to the existing house could be made. Staff and Board described alternatives and alternative permits. Board discussed with applicant permit approvals, zoning, and options for relocating the structure as well as alternative for Board action. No other members of the public were present. Upon motion by Barry Smith and second by Bob Riddle, the Board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Bob Riddle, the Board voted unanimously to deny the request for the variance for the reasons discussed.