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2004 Zoning Board MinutesNorthampton Zoning Board of Appeals Minutes of Meeting Thursday, January 8, 2004 Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Bob Riddle opened a hearing on a request by Habitat For Humanity for a Comprehensive Permit to construct 3 single-family homes with accessory apartments on Garfield Avenue Map ID 17C-66, 17D-12,71. There was a request submitted by the applicant to continue the hearing to February 12, 2004 Upon motion by David Bloomberg and second by Sara Northrup the Board voted unanimously to continue the hearing to February 12 at 5:30 PM. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to approve both sets of minutes from the December 11, 2003 meeting. Upon motion by David Bloomberg and second by Sara Northrup, the Board voted unanimously to adjourn. Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of January 8, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg, Assoc. Member Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – Bob Riddle opened the continuation of the hearing on a request by Edward Cohen for a Finding under the Northampton Zoning Ordinance for an expansion of an attached garage at 88 High Street, Florence, Map 17C-154. Mr. Cohen described the changes submitted since the December 12 hearing that included documentation of the dimensions for the 25x24 footprint, changes to the staircase, and the proposed windows on the side property boundary. Colin Hoffmeister was present to discuss construction details for Mr. Cohen. Sanford Kaye and Mary Donovan, 92 High Street, submitted a letter of opposition along with graphics showing the scale and massing of the proposed project and potential impact to their property. They pointed out the discrepancy in the property boundary indicating that the structure was probably closer to 1 foot from the property and not 2 to 3’ from the property. Mr. Kaye stated that this project would be substantially more detrimental than the existing non-conformity because of its size, scale and proposed use. There was clarification and discussion of the scale of the addition and correction of the height of the roof peak and pitch. Bob Riddle closed the hearing and granted the Finding with the following conditions: 1. The roof peak be no higher than that of the adjoining portion of the house. 2. The windows be awning-type, as proposed by the applicant, and that they be installed at a minimum of 5.5 feet from the floor of the second floor. The meeting adjourned at 4:30. 1 Northampton Zoning Board of Appeals Minutes of Meeting Thursday, February 12, 2004 Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton Members Present: Time 5 Chair Bob Riddle 6:30 5 Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Sara Northrup opened a hearing for a Comprehensive Permit by Habitat For Humanity for a Comprehensive Permit to construct 3 single-family homes with accessory apartments on Garfield Avenue Map ID 17C-66, 17D-12,71. Sara Northrup disclosed her professional relationship with the volunteer consultant for Habitat. Tracy Adamski, consultant for Habitat described the project with the changes that have occurred since the original filing. MJ Adams, executive director for Habitat, described the parcels included and the ultimate redistribution of ownership. David Bloomberg asked for clarification of the right-of-way waivers and relationship to the street layout and design. Aharon Sharff, Habitat’s consulting engineer, described the street waivers being requested. David Bloomberg clarified the comprehensive permit process. There was further discussion of the public access to the open space across the future private driveway and the signs that would be posted. Michael Kane, 12 Garfield Avenue, asked about the contingencies with the easement related to Country Lane Estates. Adamski stated that garnering an easement for connecting to the sewer line should not be an issue since the previous owners had one. David Bloomberg stated that the Board could condition approval on obtaining the easement from Country Lane Estates. Edward Driscoll, 20 Garfield Avenue, asked about traffic impacts and whether an analysis would be conducted. Sharff described the request for waiver from the full traffic analysis, but stated that there would be an increase of approximately 3-4 trips during the peak hours. The residents stated that traffic impacts are still a concern for residents on the street. Brian Lombardi, 38 Garfield stated that traffic speeds in particular are of concern. Adams stated that Habitat will focus on education for new home owners and residents regarding safety and traffic issues. Marion Vanarsdell, 12 Garfield Avenue, asked about the location of the homes relative to the existing property boundary. Lombardi, 38 Garfield, stated that the residents shouldn’t have to wait for neighborhood meetings and education. He wanted a guarantee that the accessory units would be occupied by single parents. (to minimize traffic impacts). The Board discussed continuing the hearing in order to address comments from the Department of Public Works relative to road waivers and the stormwater report. Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to continue the hearing to February 26 at 5:30 p.m. in the Council on Aging hearing room. Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of February 12, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair Bob Riddle 5 Vice Chair, Sara Northrup David Bloomberg, Assoc. Member Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – Sara Northrup opened the hearing on a Request by Robert Brittain for a Finding under the Northampton Zoning Ordinance for an expansion at 49-51 Bridge Road Map16B-17. Mr. Brittain with the co-owner described the expansion of the two family home. No members of the public were present. Sara Northrup closed the public hearing and granted the Finding with no conditions, based on the fact that the project met the criteria with §9.3 of the zoning ordinance. 1 Northampton Zoning Board of Appeals Minutes of Meeting Thursday, February 26, 2004 Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton Members Present: Time Chair Bob Riddle Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – David Bloomberg opened the continuation hearing for a Comprehensive Permit by Habitat For Humanity for a Comprehensive Permit to construct 3 single-family homes with accessory apartments on Garfield Avenue Map ID 17C-66, 17D-12,71. Upon motion by David Bloomberg and second by Barry Smith the Board voted unanimously to continue the hearing to March 25 at 5:30 in Council Chambers. The continuation was requested to give the Planning Board an opportunity to weigh in on the changes that have occurred related to the road layout. 5:35 P.M David Bloomberg opened the hearing on a request by Margaret Arraj Macdonald for renewal of a home occupation special permit for property at 220 Main Street, Leeds Map ID 10B-84. Margaret Arraj described the renewal application indicating no changes were being requested. Staff relayed that there had been no complaints filed with the building department. Observing no one in attendance to speak, Barry Smith moved to close the public hearing, with a second by David Bloomberg. Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to approve the renewal with no conditions. 5:45 PM, the Board voted unanimously to adjourn. Northampton Zoning Board of Appeals Minutes of Meeting Thursday, March 25, 2004 Hearing Room 18, 210 Main Street, Northampton Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time 5 Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Sara Northrup opened the hearing on Request by Jeffrey Cranston for an expansion of a pre- existing non-conforming use for a serving window at Meadowcrest Golf at 124 Haydenville Road, Leeds Map ID 11A Parcel 58. Scott Brisson owner of Meadowcrest Golf at 124 Haydenville Road presented the request for the expansion. Barry Smith asked for clarification of which portion of the wall would remain. Brisson clarified awning. Sara Northrup asked about DPW comments. Staff stated that there were no concerns from DPW. Sara Northrup opened the hearing to the public and Board. No one from public had comments. David Bloomberg stated that this didn’t appear to be substantially more detrimental than the existing non- conforming use. Upon motion by David Bloomberg and second by Barry Smith the Board voted unanimously to close the hearing. Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to approve request for Finding for the 7’expansion with service window. 5:45 PM. Sara Northrup opened the continuation of the hearing for a Comprehensive Permit by Habitat For Humanity for a Comprehensive Permit to construct 3 single-family homes with accessory apartments on Garfield Avenue Map ID 17C-66, 17D-12,71. MJ Adams introduced Habitat’s project team. Wayne Feiden, on behalf of City, provided background history of the site and how the City came to own the property. He explained that Community Development Block Grant funds require that some portion of the property be used for affordable housing. He described restrictions of uses for the area designated as the “landfill”. Feiden described the neighborhood process that resulted in the number of units and tenancy status. Adams provided more detail about neighborhood meetings once Habitat had obtained the bid and how design had been worked on with neighbors. Aharon Sharff, project consultant, described the design changes since the last meeting to address Department of Public Works comments. Sharff stated that based on conversations with engineers who created the cap for the landfill, they changed the design of stormwater system. The new design shows a settlement forebay in place of level lip spreader. Overland pipe will discharge stormwater to a spreader southeast of the project site. Sara Northrup asked how much area is allocated for construction. Sharff stated that it is approximately an acre. Sara Northrup stated that maintenance of this new system will be required. Sharff stated that maintenance would only be required for the forebay (sediment removal). Carolyn Misch stated that the Planning Board reviewed the suspended solids removal amounts (TSS) and was satisfied that enough was being removed. DEP standards only hold when dealing with wetlands. Sara Northrup clarified that this project is draining away from wetlands with overland flow through a wooded area. Sharff reviewed the road width issues and driveway cut issues that were raised by the DPW. Sara Northrup asked for explanation about snow plowing concerns. Northrup opened the hearing to public comment. Marion Vanardsell, 12 Garfield, asked about parking lot changes and the effect on the neighborhood. Sharff responded. Sara Northrup asked for clarification of the Montgomery parcel Wayne Feiden described the parcel. Sara Northrup asked again about the traffic study waiver. MJ Adams reiterated their concerns for maintaining safe streets and consultation with new owners. Ed Driscoll 20 Garfield asked what safeguards would be established to prevent impacts to the landfill cap. David Bloomberg clarified that question may be that construction equipment be prohibited from entering restricted area. There was discussion about the buffer line shown on the plans that indicate restricted area. Sharff stated that sediment barrier would be located before construction commences. David Bloomberg stated that erosion barrier would act as an equipment barrier. Sharff stated that barrier should be located as work limit line. Wayne Feiden clarified that the sewer line was upgraded during capping project so that it wouldn’t require disturbance. Brian Lombardi 38 Garfield Ave stated his continued concern about traffic relating to speeds and number of cars. He stated his interest in seeing a stop sign at Garfield and Garfield street. David Bloomberg asked about jurisdiction and responsibility for posting stop signs. Carolyn Misch stated that DPW wouldn’t approve a stop sign unless traffic analysis showed that it meets the warrants. There was a discussion of the waivers requested and the following conditions: Covenants: 1. Prior to final endorsement of subdivision mylar, and prior to recording the subdivision, applicant must revise plans showing an accurate cross section of roadway and sidewalk detail and location of placement of permanent bounds as specified in §7:20 of the subdivision rules. Mylars must also contain signature block for Planning Board to sign in accord with §6:03(12). This block should also contain language that states that this subdivision was approved through comprehensive permit decision of the Zoning Board of Appeals under Chapter 40B. 2. Prior to endorsement of the definitive plans, a performance guarantee that conforms to Northampton Subdivision Rules and Regulations §6:06 (4) must be posted. The developer may place a covenant not to sell (land or lots outside of the City or Habitat for Humanity) or, in lieu of placing a covenant, post a Letter of Credit in accordance with the standards in the Regulations. If a Letter is posted, the Letter may not be reduced below the original amount posted until the project is complete and has been accepted as such by the Planning Board. 3. An $4,000 escrow account shall be established, in the Homeowner Association’s name (appearing first) with a signature line for the City, prior to the first lot sale as an assurance that the Homeowners’ Association will perform their required capital improvements and maintenance of the stormwater management system and snow removal. The City may draw on this account if it determines that required capital improvements, maintenance, or inspections are not being performed. The Homeowners’ Association (HOA) is responsible to reimburse the City, within three months for deposit into the escrow account, for any funds the City spends from the account. The Permanent Covenants must clearly state that the City will have a right to place a lien on any or all properties within the subdivision or shall provide some other equivalent, level of protection for the city, in opinion of the planning board in order to recover the cost of maintenance for stormwater facilities. 4. Maintenance reports with documentation on the condition of all inspections and receipts of all cleaning and work for all items specified in this permit condition shall be submitted to the Office of Planning & Development annually, no later than May 15 of each year. Each report shall indicate the status of the stormwater system and other drainage within the HOA’s maintenance purview. 5. Covenant agreements that detail assignment of responsibility for snow removal from the parking area and maintenance of the private sewer line. Covenants must clearly state that the Association is responsible for snow and ice removal from the common parking lot that may result from stormwater coming from Garfield Avenue. 6. Covenants must reflect responsibility of the association for private sewer line maintenance for all portions of the sewer lines that are private on cross country lines as well as within individual structures where common sewer stubs are shared. 7. Prior to the construction of the road, the applicant must record all covenants. 8. The final decision shall be recorded concurrent with the mylar plans. These plans, with Planning Board endorsement, shall be recorded prior to recording this permit. Said plan is recorded at the Hampshire County Registry of Deeds at Plan Book _______, Page _______ (book and page references shall be filled in on the permit). 9. Prior to endorsement of plan, detail sheets of the sediment forbay and stormwater system shall be provided. Utilities: 10. Utility lines must be located within the grass strip and not under the sidewalk. 11. Prior to applying for water availability, the applicant must show to DPW that it can meet fire flow standards without dropping below 20 PSI. 12. Water line extensions, including gate valves, thrust blocks, etc. shall be made in accordance with Water Division’s specifications. Sewer: 13. Prior to issuance of a building permit, the applicant must provide proof that an agreement has been established with Meadow Brook/Country Lane Estates to tap into the private sewer main that serves this housing complex. Street: 14. Prior to issuance of a building permit for any lot, the applicant must post a sign at the end of the hammerhead at the entrance of the driveway access that indicates that there is public access to the open space. 15. Posts shall be located at either end of the hammerhead to indicate the edge of pavement. 16. A driveway curb cut for lot 1 is allowed, provided it may not be greater than 15’ wide. Other: 17. Applicant must follow all administrative requirements within the subdivision rules regarding recording, performance guarantees, providing digital files, etc. The only waivers approved are those summarized in this permit. 18. Prior to issuance of a building permit, the applicant shall submit an easement agreement allowing public access to open space with language that states the public has the right for non-motorized access to “pass and repass” along the 15’ wide swath. (The sign should be a standard City Conservation Area sign). 19. Prior to issuance of a final certificate of occupancy for any of the 6 habitat units the applicant shall organize and conduct an educational forum for the Habitat families to address traffic safety issues of the Garfield Avenue neighborhood. 20. Prior to final endorsement, the applicant shall submit plans that show a work limit line that is coterminous with the landfill boundary (except in the area where the private sewer connection ) The work limit line detail shall show orange Construction fencing, silt fence and hay bales shall Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to close the hearing Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to approve comp permit with requested waivers, except for 6 and 9, and conditions discussed. Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously approve Jan 8, Feb 12 (both hearings), 26 minutes. Upon motion by David Bloomberg and second by Barry Smith the Board voted unanimously to close. Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of April 8, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair Bob Riddle Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – David Bloomberg opened the hearing on request by Emily Rosenfeld for a Finding regarding an expansion of a residence at 16 Corticelli Street, Florence, Map ID 22B-34. Rosenfeld described her project. No members of the public were present. David Bloomberg closed the public hearing and granted the Finding with no conditions, based on the fact that the project met the criteria with §9.3 of the zoning ordinance. 1 Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of May 13, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:30 P.M. – Barry Smith opened the hearing on request by request by Lee Sperry for a Finding for an expansion of a non-conforming structure at 27 Wright Avenue, Northampton, Map 39A-15. Sperry described the project for the enclosed porch expansion. David Ksieniewicz, owner of 10 Wright Avenue, stated concerns about the general condition of the property and ability for the applicant to complete the project. Barry Smith clarified that the ZBA had a narrow issue to determine which did not include the applicant’s financial ability to complete the project requested. Barry Smith asked Ksieniewicz if he felt the project would result in an overall improvement to the structure and property. Ksieniewicz stated that it would. Upon hearing no other issues, Barry Smith closed the hearing and granted the Finding, based on the fact that the project met the criteria with §9.3 of the zoning ordinance and would not create a situation that would be more detrimental to the neighborhood. 1 Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of May 27, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg, Assoc. Member Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – Bob Riddle opened the hearing on a request by Jeffrey Gutterman & Karen Pohlman for a Finding for an expansion of a non-conforming structure at 17-23 Park Avenue, Northampton, Map ID 31B-313. Jeff Gutterman briefly described the vertical expansion. Jonathan Gottsche, 12 Bright Street, spoke in favor of the application. Bob Riddle closed the hearing and granted the Finding based on the fact that the project met the criteria with §9.3 of the zoning ordinance and would not create a situation that would be more detrimental to the neighborhood. Bob Riddle adjourned the meeting at 4:07. 1 Northampton Zoning Board of Appeals Minutes of Meeting Thursday, June 10, 2004 Hearing Room 18, 210 Main Street, Northampton Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup Arrived 7 PM 5 David Bloomberg, Assoc. Member Left 6 PM 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Bob Riddle opened the hearing on request by Susan Martins for a Special Permit for Home Occupation at 2 Mountain Laurel Path Map ID 37-22. Susan Martins described her internet business. Bob Riddle clarified that items would be shipped off-site and no items were to be sold from the site. Julie Mazzo, 3 Mountain Laurel Path spoke in favor of the application Nancy Kappel, 16 Mountain Laurel Path spoke in favor. Lucy Garbos, 11 Mountain Laurel Path spoke in favor. Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Barry Smith the Board voted unanimously to grant the special permit for a home occupation. Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to approve the minutes of March 25, April 18 and May 13. 5:45 P.M. Bob Riddle opened a request by Christine Sicinski for a Variance for lot size to create a 2-Family home at 7 Ferry Avenue, Map ID 46-27. Christine Sicinski requested that her application be formally withdrawn. The Board discussed possible actions. Upon motion by David Bloomberg and second by Barry Smith the Board voted 2-1 to accept the withdrawal with prejudice, with Barry Smith voting against. The Board moved to adjourn until 7 PM. 7:00 P.M. Keith Wilson of the Planning Board and Bob Riddle opened a joint pubic hearing on a request by Robert Bacon & Lisa Fusco for a Finding for expansion of a pre-existing not conforming structure (open space) and Special Permits for the use of an Airport in the SC district and dedication of land for open space. Requests are for property at Old Ferry Road Map ID 25-15, 16, 17, 19, 71, 53; 26-1. Keith Wilson began board Introductions. Robert Bacon 22 Overlook Drive, Westfield applicant. Described goal of application. Rebuild infrastructrure, stabilize financial status. Intent is to maintain private ownership Tom Jenkins, BEC consultants. Described existing conditions, open space and described building coverage tables in the application. The applicant is asking for establishment of 81.5 %. By ZBA Sara Northrup asked for clarification about the extra parcel that is not included in open space calculations? Tom stated that her assessment was correct. Frandy Johnson asked if trailers on Old Ferry were counted in the building coverage. Tom stated no, because they are not technically buildings because they are on wheels. Jenkins described changes from the plans submitted. Future proposed t-hangars are now planned for construction in the near term. The applicant would like to move forward with 1 of the future t-hangars. He described changes as submitted on Sheet 2of 2 dated June 10, 2004. Jenkins described open space for the parcel adjacent to the river and the deed cloud on the remaining parcel. Barry Smith stated that a claim for adverse possession could be made. Frandy Johnson asked about rifle range location. Teri Anderson, City Economic Development Coordinator spoke in favor of application stating that a viable general Aviation airport is important to the city. Vinny Malling, Rick Drive, hangar owner spoke in favor of application. Mike Florio, resident spoke in favor of the airport. David Duseau, spoke about special events aspect of the permit. Looking for small events of 200 attendees. Steve Rogers, business owner and resident of Lincoln Avenue spoke about asset of the airport to NH. John Szawlowski 126 N. Maple street stated concerns about drainage pipe that was moved which causes road to flood. He also raised concerns about the airport business expansion and vandalism during events. David Gengler, 48 Massasoit Street raised concerns about noise and expansion. He asked about helicopter use. Betty Rose?? Of Paradise Road spoke against airport the application based on concerns of noise, take offs, landings, safety relative to proximity to libraries and schools. Delores Belmore Old Ferry Road stated her concerns about traffic with special events and stated that she had no problems with the airport expansion. Russ Myette, 86 Riverbank Road stated concern about “drug haven” along Riverbank Road and increase in activity if land is dedicated under a conservation restriction, but spoke in favor of the airport. Sheryl Whatley Riverbank Road asked whether the airport would be fenced? The applicant stated that it would not be. Cynthia Mellow 135 Riverbank Road stated concern about further development in the SC zone. Paul Diemand asked if airport held a public meeting with neighborhood residents. The applicant stated “No”. Eric La Fleru Easthampton, spoke in favor of continuation of the airport use. Phil Brockelsby, 503 Bridge Road, stated concern about building expansion. Existing size of the airport is appropriate. Staff and ZBA clarified issues before the ZBA for the Finding. Melanie Fournier, Riverbank Road, stated concern this application changing the zoning status and uses allowed. There was further clarification of ownership issues related to the letter submitted by Jonathan Plassman and issues raised. Upon motion by Sara Northrup and second by Barry Smith the Board voted unanimously to close the ZBA hearing. Upon motion by Barry Smith and second by Sara Northrup the Board voted unanimously to grant the Finding, with the condition as proposed by staff. Sara Northrup moved to close meeting Barry Smith second unanimous. Northampton Zoning Board of Appeals Minutes of Meeting Thursday, June 24, 2004 City Council Chambers 240 Main Street, Northampton Members Present: Time Chair Bob Riddle Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – David Bloomberg opened the hearing on request by the Unitarian Society of Northampton & Florence for a Special Permit and Permit from the Central Business Architecture Committee to erect a ground sign at 220 Main Street, Northampton, Map ID 31D-164. John Poirier, for the Unitarian Society described the application and the need for a new sign. Barry Smith asked about the size. Poirier stated it would be 16 square feet, 8 for each panel. David Bloomberg asked if the sign were to be lit, and if the old sign had lighting. Poirier stated that the current sign is unlit and they are planning to run electricity to the sign to light it internally. Barry Smith moved to close. Upon motion by Barry Smith and second by David Bloomberg the Board voted unanimously to approve the sign. Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of July 22, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle Arrived 4:30 5 Vice Chair, Sara Northrup David Bloomberg, Assoc. Member Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – Sara Northrup opened the hearing on a request by Lynne Edwards for a Finding to enclose a front porch at 35 Holyoke Street, Map ID 32C-214. Lynne Edwards, owner/applicant, described the project and the need for the Finding. Upon hearing no comments from the public, Sara Northrup closed the hearing and issued the finding based upon there being no substantial detriment to the neighborhood nor a further encroachment into the setback. 4:15 P.M.- Sara Northrup opened the request by Ryan Regan-Ladd for a Finding to rebuild a pre-existing non-conforming garage at 34 Bates Street, Map ID 25A-140. Ryan Ladd described the project . Sara Northrup asked about the roof overhang at the rear of the garage. Ladd stated that he was not sure whether there was currently an overhang. Sara Northrup read the Department of Public Works comments and asked about the driveway regarding. Driveway widths were clarified. No expansion of the width at the street line is planned. There was discussion of the DPW permitting requirements. Upon determining that there were no public comments to be taken, Sara Northrup closed the hearing and granted the finding with conditions restricting the overhang on the rear of the garage and requiring dpw trenching permits. 4:30 PM- Upon motion by Bob Riddle and second by Sara Northrup the Board voted to accept minutes of May 27, June 10, June 24. 4:30 the meeting adjourned. 1 2 Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of July 22, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle Arrived 4:30 5 Vice Chair, Sara Northrup David Bloomberg, Assoc. Member Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – Sara Northrup opened the hearing on a request by Lynne Edwards for a Finding to enclose a front porch at 35 Holyoke Street, Map ID 32C-214. Lynne Edwards, owner/applicant, described the project and the need for the Finding. Upon hearing no comments from the public, Sara Northrup closed the hearing and issued the finding based upon there being no substantial detriment to the neighborhood nor a further encroachment into the setback. 4:15 P.M.- Sara Northrup opened the request by Ryan Regan-Ladd for a Finding to rebuild a pre-existing non-conforming garage at 34 Bates Street, Map ID 25A-140. Ryan Ladd described the project . Sara Northrup asked about the roof overhang at the rear of the garage. Ladd stated that he was not sure whether there was currently an overhang. Sara Northrup read the Department of Public Works comments and asked about the driveway regarding. Driveway widths were clarified. No expansion of the width at the street line is planned. There was discussion of the DPW permitting requirements. Upon determining that there were no public comments to be taken, Sara Northrup closed the hearing and granted the finding with conditions restricting the overhang on the rear of the garage and requiring dpw trenching permits. 4:30 PM- Upon motion by Bob Riddle and second by Sara Northrup the Board voted to accept minutes of May 27, June 10, June 24. 4:30 the meeting adjourned. 1 Northampton Zoning Board of Appeals Minutes of August 26, 2004 Hearing Room 18, 210Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Bob Riddle opened a request by Gary Powers Jr. for a Special Permit Renewal for a home occupation at 579 Florence Rd., Map ID 37-4. Gary Powers stated his request to have his special permit renewed to permanent status. Sara Northrup spoke described the house/location of the use being invisible from the street. Riddle opened the discussion to the public. City Councilor Marianne LaBarge spoke in favor of the request and showed copies of the requisite fire permits that had been pulled by the applicant. The applicant submitted a letter from the Sullivans (neighbor) indicating their support for the home occupation. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to close the public hearing. Upon motion by David Bloomberg and second by Sara Northrup the Board voted unanimously to grant the special permit. 5:40 P.M.- Bob Riddle opened the request by Agnes Carbin for a Special Permit to start a home occupation at 57 Hatfield St., Map ID 18C-52. Sue Carbin, 18 Mulberry Street, speaking on behalf of her sister-in-law described the nature of the application. Bob Riddle read the comments from the Department of Public Works. Carbin stated that plowing the spaces would not be an issue since the owners spend winters in Florida and therefore would not be receiving customers during that time. David Bloomberg asked about advertising. Agnes Carbin stated that no advertising would be used. 1 2 Upon determination that there were no public comments to be taken, Barry Smith moved to close the hearing with a second by Sara Northrup. Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to approve the special permit with two conditions requiring snow to be plowed away from Hatfield Street and for drainage to be directed away from Hatfield Street if there are changes to the grade made. 5:55 P.M. - Bob Riddle opened Request by Stop & Shop Supermarket for a Special Permit to replace all wall signs at 228 King St., Map ID 24D-70. Steve Wagner, applicant representative, submitted additional information regarding the request and described the proposed changes to the signs at Stop & Shop. He indicated that the “1-Hour Photo” department sign was no longer part of the request. The request results in 431.5 square feet of signs. Sara Northrup asked for clarification on existing signs and illumination. Bob Riddle opened hearing to the public. Upon determination that there were no public comments to be taken, Sara Northrup moved to close the hearing with a second by David Bloomberg. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to grant the special permit for signs based on the information presented at the hearing. 6:15 P.M. Bob Riddle opened Appeal of the Building Inspector’s Decision by Loretta Gougeon regarding a 30’ landscape buffer at 52 Maple St., Map ID 23A-40. Lorretta Gougeon presented the request for appeal stating her greatest concerns were the treatment of the northeast corner of lot 23A-42 and the fact that there were no trees to buffer that corner and that the definition of “dense screen” within §6.5 was not met with the current planting scheme. Gougeon further detailed the events leading to the appeal and the concern that trees may have been cut off the property boundary because the plans submitted do not depict an official survey. She also described the resulting impacts once the trees were cut from the subject property. Barry Smith asked Gougeon what recourse she expected from the Board. Gougeon stated that she wanted the Board to enforce the buffer around the entire perimeter of the subject property, and to determine that the plantings do not constitute a “dense screen” stating that it should be greater than 6’ to meet the intent of the zoning ordinance. Jon Hite, Executive Director of the Northampton Housing Authority (NHA) which abuts the subject property to the north, described the impacts to the neighborhood that are a result of the removal of the treed lot. He stated that he has attempted to minimize the impacts of the NHA complex on the neighbors, but he does not feel that the NHA should be responsible for addressing all the impacts that have resulted from the tree cutting. Jeannie Shanel, 18 W. Center Street told the Board that the video would illustrate the problems that are a result of the clearing. David Bloomberg stated that the Board was not in a position to adjudicate a “fair” outcome between the parties to mitigate the removal of 70’ trees. The Board further discussed its jurisdiction and the appeal before them. Gougeon played the video and requested that the Board find a “middle ground” between the Building Commissioner’s decision and the type/height of trees removed. Mark Bird, 19 W. Center Street, indicated that the buffer that was replanted is in poor condition and the trees may be dying. Trish Dale, 9 W. Center Street spoke about the impacts of the removal of the trees. Ed Etheredge, subject property owner’s representative, spoke in favor of upholding the Building Commissioner’s decision and submitted a letter describing his position. He also stated that he interpreted state statute in a way that did not provide jurisdiction for municipalities to regulate landscaping under the Zoning Act. The Board discussed jurisdictional issues and asked staff about the Building Commissioner’s decision. Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to continue the hearing to September 23 at 5:30 PM in order to seek the opinion of the City Solicitor regarding jurisdiction over landscaping and to obtain a response from the Building Commissioner on the appeal. 7:45 P.M. Bob Riddle opened a Request by George E. and Mary D. Willard for a Variance to create a building lot on Blackberry Ln., Map ID 24A-34, 69. Bruce Fogel, applicant’s representative described the nature of the application. Frank Willard, 64 Ridgewood Terrace spoke in favor of the application. Keirnan Murphy, 56 Ridgewood Terrace, spoke in favor of the request. Fogel submitted a petition signed by supporters of the variance request. Dean Goldblatt, 53 Blackberry lane spoke in opposition to the request. Mark Tanner, representing Margaret Gogel who is an abutter, spoke in opposition to the request and submitted a letter to the record describing how the request does not meet the requirements under state statute and subsequent case law. Patricia Archambault, 72 Ridgewood Terrace stated that she did not support the application and she was concerned about its affect on her property value. Fogel responded to some of the issues. David Bloomberg described the requirements for issuing a variance under state statute indicating that it requires extraordinary circumstances. He further stated that it did not appear that those were being met here, though he sympathized with the applicant’s interest in remaining in their neighborhood. The Board further discussed the variance criteria. Fogel requested a continuance so that he and his client could review the case law information presented by the abutter. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to continue the hearing to September 23 at 6 PM in council chambers. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to approve the minutes of July 22. 8:50 upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to adjourn. 3 Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of August 26, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg, Assoc. Member 5 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – Barry Smith opened a request by John Moore for a Finding to expand a pre-existing non conforming structure on a non-conforming lot at 25 Union St., Map ID 32A-71. Tom Douglas, architect for the applicant described the project. John Moore, provided additional detail and background about the intended use. Staff read comments from DPW. Upon determining that there was no one present in the hearing to speak about the project, Barry Smith closed the hearing and issued the Finding with three conditions related to DPW comments. 4:15 P.M.- Barry Smith opened Request by Todd Thompson & Elisa Mason for a Finding to expand a pre-existing non-conforming structure at 76 Massasoit St., Map ID 24C-66. Todd Thompson described the project and discussion he has had with his neighbors. Upon determining that there were no public comments to be taken, Barry Smith closed the hearing and granted the finding with no conditions. 4:20 the meeting adjourned. 1 Northampton Zoning Board of Appeals Minutes of September 23, 2004 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup 5 David Bloomberg Left at 7:20 5 Malcolm B. “Barry” Smith, Assoc. Member 5 Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:35 P.M. – Bob Riddle opened the continuation of the appeal of the Building Inspector’s Decision by Loretta Gougeon regarding a 30’ landscape buffer at 52 Maple St., Map ID 23A-40. Loretta Gougeon reemphasized her points and requested that a fine be issued, lighting be enforced at Tobin Manor, the dumpster be removed from the tree buffer and that a more dense screen be planted to comply with the zoning requirement. Michael Hooker, 18 W. Center Street asked the Board to scrutinize whether or not Teece had planted an adequate screen. Wellman, 9 W. Center St. reiterated comments from the last meeting that the Building Commissioner erred. He insisted that the owner take out the trees that were planted and plant along the area where the blacktop was installed in northeast corner of 23B-242. Bob Riddle read the Building Commissioner’s letter. Gougeon disputed some of the claims in the letter. Barry Smith stated his sympathy with the neighbors but stated that the Board could not impose a standard to reproduce landscaping what was present prior to the cutting. Sara Northrup clarified some of the issues and requirements. Specifically that the ZBA can’t require more screening than stated in zoning and she stated that the Commissioner has discretion of when to impose fines. David Bloomberg clarified jurisdiction under MGL 40A §14. He discussed the requirements under the ordinance. He stated that the Board has the authority to order anything the Commissioner could order to meet the standard of dense screen. Mark Bird 19 W. Center Street lobbied for a greater tree buffer. David Bloomberg clarified that a unanimous decision is required to overturn the Building Commissioner. 1 2 Barry Smith suggested that input from an arborist would be appropriate to determine size and type of trees. Patricia Dale 9 W. Center Street emphasized need for more trees. Fran Volkmann 4 Arlington Street, stated that a “screen” is required. Heights to create such a screen may vary depending on the site. Sara Northrup asked about flooding and grading issues. Etheredge, representative for the property owner responded that a berm was put in place to prevent off- site drainage. Sara Northrup asked about drainage problem on Gougeon’s property. Gougeon described the regrading that occurred and that the berm changed the runoff patterns, directing them to another property. Fred Wellman spoke about drainage There was discussion and clarification regarding the paved area. Gougeon stated that dumpster is located within the corner of the property within the required buffer. There was a discussion of tree species. Barry Smith suggested that the hearing be continued so that the Board could determine what planting would be appropriate. There was discussion about an earlier version of the planting plan. Upon motion by David Bloomberg and second by Sara Northrup the board voted unanimously to close the hearing. Sara Northrup stated that the board should consider the plans submitted as part of the Planning Board permit request and make decision at the Oct 14 meeting. 7:10 P.M. Bob Riddle opened the continuation of a request for a variance by George Willard at 68 Ridgewood Terrace. The Board discussed the written request for withdrawal without prejudice. Mark Tanner, representing one of the abutters, stated his opposition to the request for withdrawal. Asked that the decision be rendered because the applicant does not meet the merits of variance. Lisa Halbert, representing the Willards advocated for the approval. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to close the public hearing. Upon motion by David Bloomberg and second by Sara Northrup, the board voted unanimously to accept the request for withdrawal without prejudice. David Bloomberg recused himself because of his relationship with HER, Inc. 7:20 P.M. Bob Riddle opened request by Housing and Economic Resources For Women, Inc. for a Comprehensive Permit to construct a 14-unit SRO with 2 apartments at 180 & 182 Earle St. Map ID 38A- 62, 63 and a portion of 178 West St. Map ID 38A-61. Ed Etheredge, representative for Smith College, provided general introduction. Tom Douglas, applicant’s architect, described the project design and layout. Ed Etheredge raised the issue that a member of the public was video-taping the hearing. Bob Riddle asked if anyone had a problem with the recording and asked the person to identify himself. Alfred Ullman?? 63 Bradford St. stated he was filming for his own research. Mike Gagnon, consultant, described the site changes. Sara Northrup asked about drainage and the location of the detention basin relative to abutting property. Gagnon described retention added to detention area. Gagnon stated the pond was approximately 150’. Staff discussed DPW comments. Elizabeth Wroblicka asked about the Chapter 40B requirements for the owner to be the applicant. Carol Walker of HER, Inc. described the affordable housing program and their anticipation to improve the residential space for clients through handicap accessible entrances, separate bathrooms, a safer and better living environment. Bob Riddle opened the hearing to the public. Polly Parker 188 Earle Street stated her opposition to the request. She stated her concern about drainage along Earle Street and questioned whether the new parking lot would exacerbate the problem. She had furthers concerns about maintenance of the property over long term and the change to the character of the neighborhood. Fran Volkman, 4 Arlington Street, spoke in favor of the project. Jonathan Yorga, 188 Earle Street spoke in opposition to the project. Eugene Tacey spoke in favor of the project. Charlie Conant, Smith College clarified existing uses. There was a discussion of drainage issues and reduction of parking. Bob Riddle advocated for parking spaces for each unit. Karen Leveille, treasurer of HER Inc., described the program and stated that of the 14 residents on Green Street, 5 have cars and therefore 1 parking space per person is excessive. Upon motion by Barry Smith and second by Sara Northrup the board voted unanimously to close the hearing. There was Board discussion of conditions. Upon motion by Sara Northrup and second by Barry Smith the board voted unanimously to approve the comprehensive permit with waivers and reduction of parking with conditions: 1. Prior to issuance of a building permit, the applicant shall submit final plans incorporating conditions herein. 2. Prior to issuance of a building permit, the applicant shall record an easement acceptable to the Department of Public Works (DPW), with a copy submitted to the Office of Planning & 3 4 3. Prior to issuance of a building permit, a copy of the recorded easement indicating that HER Inc may access the stormwater swale on Smith property to fulfill maintenance requirements. 4. Prior to issuance of a building permit, a copy of the recorded permanent easement indicating that Smith College has permission from Mass Electric which allows Smith College to grade for the permanent stormwater outlet controls and included a provision to allow Smith to maintain this system. 5. Prior to issuance of a building permit, a copy of the signed Purchase & Sale agreement for the transfer of land to HER Inc. must be submitted to OPD in order to meet the criteria within Chapter 40B. 6. Prior to issuance of a Certificate of Occupancy, Smith College shall construct the access to the bike path and obtain an easement from Mass Electric to construct this access OR post a $5,000 escrow to the City to complete the connection. 7. The owner shall submit annual maintenance reports by a certified person to OPD indicating that the detention facility has been inspected/cleaned as necessary and in accordance with the plans. This report shall be submitted no later than November 15. 8. Prior to the installation of sump pumps, the applicant must obtain approval from the DPW. 9. A new curb cut is required through DPW. 10. Water and sewer lines being abandoned shall be capped according to DPW rules. 11. Backflow prevention devices for the sprinkler system shall be coordinated through DPW. 12. The capacity of the swale on all the Smith properties to the north and south shall be surveyed and investigated. A maintenance plan for the property should include clearing and maintenance to this swale. Barry Smith moved to accept minutes. Sara Northrup second. Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of September 23, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle Vice Chair, Sara Northrup David Bloomberg, Assoc. Member Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 P.M. – Bob Riddle opened a request by James and Dayna Silverman for a Finding to expand a pre- existing non-conforming structure at 17 Massasoit St., Map ID 24C-84. Chris Farley, 174 John Ford Road, Ashfield, project architect described project. Jim Silverman, owner spoke about the intentions inherent in the design of the renovation. Farley described the site plan for the building and showed the exterior elevations. Bob Riddle clarified that there would be no extension closer to the side lot line. Dorothy Molnar, 19 Massasoit Street spoke in the opposition and asked for the scale on the plans to be explained. Farley stated that the plans were half-scale. Hyarem Zamzarian 96 State St. asked for clarifications of the addition and Zoning Board jurisdiction. Molnar explained her concerns. The applicant stated that the second story portion of the expansion would be stepped back and therefore was not part of the Finding application. Beverly Parker Bingham, 21 Woodlawn Ave, spoke in opposition. Dayna Silverman, stated her interest in converting the structure from a two-family to a single-family and in so doing, expanding some of the living areas. Farley clarified that the proposed ridgeline will be 33’ not 41’ as stated in the application. The highest point is 41’ feet and represents the peak of the turret. Molnar asked Bob Riddle to conduct a site visit to view her concerns. Bob Riddle moved to continue the hearing to October 14 at 4:30. 1 Northampton Zoning Board of Appeals Minutes of October 14, 2004 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup 5 David Bloomberg Malcolm B. “Barry” Smith, Assoc. Member 5 Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Bob Riddle opened the request by Beth Senecal for a Special Permit to establish a hair salon as a home occupation at 219 Prospect St., Northampton, Map ID 24D-17. Senecal described the nature of her business and the extent of her request to include 2 days a week to see clients in her home. David Bloomberg asked about the size of the space. Senecal indicated that there would only be one chair, one sink and she would not advertise her business. There was a discussion about parking. Catherine Murphy of 216 Prospect Street spoke in favor of the request. The board discussed the DPW comments and potential conditions. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Sara Northrup, the Board voted unanimously to grant the special permit with conditions related to DPW comments regarding plumbing and that the business would only operate 2 days per week from 9-7 p.m. with no signs and no employees and no advertising. Bob Riddle opened discussion of the decision regarding the appeal of the Building Inspector’s Decision by Loretta Gougeon regarding a 30’ landscape buffer at 52 Maple St., Map ID 23A-40. The Board discussed the decision and the Board’s jurisdiction. The Board generally agreed that it would be more effective to have money spent on tree planting than fines and agreed that the dumpster should be removed from the buffer. Upon motion by Sara Northrup and second by David Bloomberg, the Board voted unanimously to overturn a portion of the Building Inspector’s decision related to the type and amount of tree buffer required to create a dense screen. The Board further spelled out the specific means by which the owner should come into immediate compliance with section 6.5 utilizing the planting plan submitted by the owner for an application to the Planning Board as a foundation. The Board voted unanimously to accept the minutes of the 9/23 regular Board meeting with a change to the last page noted by Sara Northrup. 7:05 p.m. The Board voted unanimously to close the meeting. Northampton Zoning Board of Appeals Authorized Zoning Administrator Minutes of October 14, 2004 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle Arrived @ 4:30 Vice Chair, Sara Northrup 5 David Bloomberg, Assoc. Member Left @ 4:30 Malcolm B. “Barry” Smith, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 4:00 p.m. – David Bloomberg opened a request by Nelson Shifflett for a Finding to extend a non- conforming side setback at 33 Water St., Leeds Map ID 10B-64. Nelson Shifflet described the project. Upon determining that there were no comments from the public, David Bloomberg closed the hearing and issued the Finding based upon the fact that the project would not be substantially more detrimental to the neighborhood. 4:07 p.m. David Bloomberg opened a Request by Wright Builders, Inc. for a Finding to extend a non- conforming side setback at 17 Bright Ave., Northampton, Map ID 31B-93. Jonathan Wright presented the project. Upon determining that there were no comments from the public, David Bloomberg closed the hearing and issued the Finding based upon the fact that the project would not be substantially more detrimental to the neighborhood. 4:12 p.m. David Bloomberg opened Request by Leanne and Jason Greene for a Finding to extend a non-conforming side yard setback at 30 Water St., Leeds Map ID 10B-72,98. Todd Rollin and the property owners described the nature of the project and stated the ridgeline of the existing structure would stay the same and be extended to the addition. There was a discussion of DPW comments, the plan for replacing the existing driveway and concerns submitted via telephone conversation by Councilor LeBarge about the height. Upon determining that no one from the public was present to speak, David Bloomberg closed the hearing and issued the Finding with conditions that a curb cut be obtained from the DPW and that curbing be replaced as shown on the plan. Additional conditions were placed on restrictions within the easement area to address DPW’s concerns. 1 2 4:35 p.m. Bob Riddle reopened the continuation of the hearing on a request by James and Dayna Silverman for a Finding for expansion at 17 Massasoit Street. Bob Riddle discussed the information presented since the previous hearing. He clarified that the solar study submitted was an analysis of the impacts of the portion of the structure that was outside of the Board’s jurisdiction. Mark Tanner, representing the abutter at 19 Massasoit Street introduced himself and his client’s interest. Bob Riddle stated that locating landscape screening along the entire side property boundary would be contrary to the abutter’s stated interest in viewing all the rear yards of the properties along Massasoit Street. Tanner described his client’s interest in establishing a 6’ high evergreen screen to block views from the kitchen window into his client’s house. He also stated her interests in roof line adjustments and restrictions on further expansions and limiting window placement, size. There was further discussion of Board jurisdiction and possible conditions. Bob Riddle closed the public hearing and issued a Finding with condition that a year-round screen be located along the side property boundary for the length of the addition (up to the existing lilac bushes). One of these trees shall be located in front of the new kitchen window to obscure views to the east. Northampton Zoning Board of Appeals Minutes of November 18, 2004 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup 5 David Bloomberg 5 Malcolm B. “Barry” Smith, Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Bob Riddle opened the meeting with a discussion about the minutes in the packet. Sara Northrup asked about conditions for the home occupation issued on Prospect Street. Upon motion by Sara Northrup and second by David Bloomberg the Board voted unanimously to approve the minutes of 9/23 and 10/14. Bob Riddle opened the request by Nohominium Realty Trust aka Downtown Associates for a special permit to install a second wall sign at 21 Main St., Northampton, Map ID 32A-138-003. Matthew Pitoniak described the nature of the request and the sign design. Staff reviewed DPW comments. There was clarification of the type of lighting that was proposed for the sign. Upon motion by David Bloomberg and second by Sara Northrup, the board voted unanimously to close the hearing. Upon motion by Sara Northrup and second by David Bloomberg, the board voted unanimously to grant the special permit for the additional sign as shown in the permit. 5:47 PM – Bob Riddle opened the request by Polly Obremski for a Home Occupation Special Permit at 5 Fruit St., Northampton Map ID 31D-227. Polly Obremski described her interest in conducting her practice 2 days per week. She provided information to address the comments from the DPW. The Board discussed parking issues. Bob Riddle asked about deliveries. Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to issue the special permit with the condition that no more than 25 clients per week be seen on the premises. Northampton Zoning Board of Appeals Minutes of December 9, 2004 Council Chambers, 212 Main Street, Northampton, MA. Members Present: Time 5 Chair Bob Riddle 5 Vice Chair, Sara Northrup 5 David Bloomberg 5 Malcolm B. “Barry” Smith, Assoc. Member 5 Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden 5 Senior Planner, Carolyn Misch 5:30 P.M. – Bob Riddle opened the Request by Paul Pouliot/K & P Automotive for a Special Permit to erect a second ground sign at 14 Easthampton Rd, Map ID 38C-80. Paul Piolot described application. Tenant has been there for 8 years. No visibility. Existing sign not feasible because of height and visibility issue. Carolyn Misch described issues of signage encroaching on state property. Board discussed options for location of sign. Question of whether this is an additional sign since other signs are trespassing on mass highway right of way an are not on premises. Should app withdraw. Sign setback 15’ and 15’ high if this is a second sign. Based on facts presented there is possibility that this is not the second sign but if it is, it meets the standards in 7,2 (13) Upon motion by Sara Northrup and second by David Bloomberg the Board voted unanimously to close the hearing. ZBA direct Tony to enforce used car sign. Upon motion by Sara Northrup and second by David Bloomberg the board voted unanimously to approve special permit to erect a second sign on (all 3 merged lots) based on information presented in application and not detract from character of neighborhood and may in fact not be a second ground sign on site and may be safer. Size to be as presented 12 sf. (there is an assumption that this is the second ground sign). 15’ set back no greater than 15’ Upon motion by David Bloomberg and second by Sara Northrup approve 11/18 minutes. 6:10 adjourn. Bob Riddle opened the request by Nohominium Realty Trust aka Downtown Associates for a special permit to install a second wall sign at 21 Main St., Northampton, Map ID 32A-138-003. Matthew Pitoniak described the nature of the request and the sign design. Staff reviewed DPW comments. There was clarification of the type of lighting that was proposed for the sign. Upon motion by David Bloomberg and second by Sara Northrup, the board voted unanimously to close the hearing. Upon motion by Sara Northrup and second by David Bloomberg, the board voted unanimously to grant the special permit for the additional sign as shown in the permit. 5:47 PM – Bob Riddle opened the request by Polly Obremski for a Home Occupation Special Permit at 5 Fruit St., Northampton Map ID 31D-227. Polly Obremski described her interest in conducting her practice 2 days per week. She provided information to address the comments from the DPW. The Board discussed parking issues. Bob Riddle asked about deliveries. Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to issue the special permit with the condition that no more than 25 clients per week be seen on the premises.