Loading...
11A-058 124 Haydenville Rd-FINDING-2004ZONING BOARD DECISION APPLICATION TYPE: ZBA- Finding Applicant's Name: NAME: Jeffrey Cranston ADDRESS: P O Box 307 11 East Main St TOWN: STATE I ZIP CODE: WILLIAMSBURG MA 01096 PHONE NO.: FAX NO.: (413) 268 -3504 EMAIL ADDRESS: Site Information: City of Northampton Date: April 2, 2004 SUBMISSION DATE: 314/2004 Owner's Name: NAME: BRISSON PIERRE R & SUSAN H ADDRESS: 151 SUGAR HILL RD Surveyor's Name: COMPANY NAME: ADDRESS. TOWN* STATE: I ZIP CODE: WILLIAMSBURG MA 01096 PHONE NO.: FAX NO.: (413) 296 -4475 0 EMAIL ADDRESS: TOWN: PHONE NO.: EMAIL ADDRESS: STATE: I ZIP CODE: FAX NO.: STREET NO.: SITE ZONING: 124 HAYDENVILLE RD URA TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section 9.3: Pre - existing Nonconforming Structures or Uses May be Changed, Extended or MAP: BLOCK: LOT MAP DATE: ACTION TAKEN: 11A 058 1 001 I Approved Book: Page: 312512004 2856 264 412212004 NATURE OF PROPOSED WORK: Expansion of pre- existing non- conforming use. HARDSHIP' CONDITION OF APPROVAL: FINDINGS. The Zoning Board of Appeals granted the request for a Finding based on the materials and graphics submitted with the application. The Findings of the Board under Section 9.3 for an expansion of a pre- existing non - conforming use were as follows: 1. The Board found that the expansion would not be substantially more detrimental to the neighborhood than the existing nonconforming use because it is a minor (7) extension over an existing concrete pad. The extension will provide abetter service window for customers at the driving range. 2. The Board also determined that this extension would not create any new violation of other zoning provisions; and does not involve a sign. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: 31412004 REFERRALS IN DATE: 311112004 FIRST ADVERTISING DATE: 311112004 SECOND ADVERTISING DATE' 311812004 MEMBERS PRESENT: Sara Northrup Malcolm B.E. Smith David Bloomberg Bob Riddle MOTION MADE BY: Malcolm B.E. Smith MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY. APPEAL DATE: 311812004 41812004 HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 51812004 312512004 312512004 412212004 HEARING DATE: VOTING DATE: DECISION DATE: 312512004 312512004 41212004 HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 5 :30 PM 612312004 612312004 VOTE: votes to Grant votes to Grant votes to Grant votes to No Vote taken and /or recor SECONDED BY: VOTE COUNT: DECISION: David Bloomberg 13 -1 I Approved GeoTMS® 2004 Des Lauriers Municipal Solutions, Inc. ZONING BOARD DECISION MINUTES OF MEETING. Available in the Office of Planning & Development City of Northampton Date: April 2, 2004 1, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on April 2, 2004 I certify that acopy of this decision has been mailed to the Owner and Applicant. GeoTMS® 2004 Des Lauriers Municipal Solutions, Inc. 6095 LT- st 1 1 s -M 1 /Y"O V CCO!SF FOND/ yq 1 � FA T om; t AFPW-1 Wt AREEA -rO M EeEPP-P -j � 3 —�A15E IN ELEV, { 6: ! � (' Z' SLOPE r�� 5'TC�,AvVti sW. POO) MP.-PAP To RE Ki PIVEF-T %MoowALB-' lmwN CULYI!4QT LAWN r. i y lip. �� ter- E(15TIW-j T — Zly vr--siPATor,-F-i . ;PAP )MNTEF- MTECMN HAY-, Pas ETr- A f Of • 9 310 CMR 10.99 OF-CF- C ;;y Town aooucant 246 -8001 �. i246— 2H (To ne wc,,ceo oy OECEi Northampton Malinowski Form 2 Commonwealth WIN of Massachusetts ypp 1lA PARCEL# 058 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From NORTHAMPTON CONSERVATION COMMISSION Issuing Authority To Edward Ma (Name of person making request) 124 Haydenville Road Accra— Leeds, MA 01053 This oeterminanon is issued and delivered as follows: Pierre & Susan Br (Name of property owner Haydenville Road Address Leeds, MA 01053 (mate) by hand delivery to person making request on by certified mad. return receipt requested on November 14. 1969 (dale! Pursuant to the authority of G.L c. 131. §40. the Northampton Conservation Commission has considered your request for a Oetermination of Appiicauility and its supporting documentation. and has made the following determination (check whichever is applicable): This (Determination is positive: 1 . _ ich includes a�G� oart of the area described in your request. is an Area The area described below, wh ing, filling, dredging or altering of that Subject to Protection Under the Act. Therefore. any remov area requires the filing of a Notice of intent. 2, = The work described below. which includes allipart of the work described in your request, is within t and will remove. fill. dredge or alter that area. There- an Area Subject to Protection Under the Ac fore. said work requires the filing of a Notice of Intent. Effective 811189 2 -1 '+rra. '' 3. a The work described below, which includes ail/part of the work described in your request, is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1 . ` The area described in your request is not an Area Subject to Protection Under the Act. 2. X The work described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. All work must be done within one (1) day and as shown in the request. 3. The work described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 4. The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Northampton Issued by conservation Commission Signature(s) This Determination must be signed by a majority of the Conservation Commission. On this 13th day of November 19 RQ , before me personally appeared David GenQler , to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he /she executed the same as his/her free act and deed, WAYNe m. lrglOLN NOTARY PUBLIC .5-71VN RAPIRes JAN, Ic, t9g6 Notary Public My commission expires This Determination does not relieve the appftcant from complying with all other applicable federal. state or local statutes. ordinances. by -laws or regulations. This Determination shall be valid for three years form the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the Depart- ment of Environmental Quality Engineering to issue a Superseding Determination of Aopficability, providing the request is made by cer- tified mail or nand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030, within ten days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 2 -2A • \.. ../ 310 CMR 10.99 UV L% Form 1 D 1r1DA OECE F le No 246 — Wr Iva .rte (To be orovicec oy DECE) = —� No rthamp ton —__ City Town Commonwe� th Malinoski of Massachu Applicant MAP # 11A PARCEL # 6@111111M 058 Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131 §40 1. I, the undersigned, hereby request that the Northampton Conservation Commission make a determination as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40. 2. The area is described as follows. (Use maps or plans. if necessary. to provide a description and the location of the area subject to this request.) Meadowcrest Driving Range at a access road crossing over a small brook, (see attached map) 3. The work in said area is described below. (Use additional paper. if necessary, to describe the proposed work.) Applicant proposes to replace a waterline with a new PVC waterline. Waterline will intersect a small brook on the property at a culvert and will cross under the culvert. The stream will not be disturbed by this project. Applicant will dig up to culvert on both sides of the stream and then bore a hole under the culvert to run the waterline through. This work is occuring within a buffer zone of a bank and land under water and is occuring under land under water, but it will not alter land under water. 1.1 Effective 8/1/89 NWMPPI G 4. The owner(s) of the area. if not the person making this request, has been given written notification of this request on 10 -17 -89 (date) The name(s) and address(es) of the owner(s): Pierre and Susan Brisson, Haydenville Road, 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massacnusetts Department of Environmental Qualitv Engineering on 10 -16 -89 (date) Northeast Regional Office 5 Commonwealth Avenue Woburn, MA 01801 Central Regional Office 75 Grove Street Worcester. MA 01605 Southeast Regional Office Lakeville Hospital Route 105 Lakeville, MA 02346 * * * * * ** Western Regional Office State House West, 4th Floor 436 Dwight Street Springfield, MA 01103 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3) (b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. �� Edward Malinoski Signature Y _z / //� Name Address 124 Haydenville Rd., Leeds, MA 01053 Tel 584 -9107 1 -2 .f Ir Tv .4 s ;i SILT s ( odsJ PARKINC-I wt AREA 70 ft 5eEPZP .. Z� l T, FIU. a t IN P-LE Ar PK CX- Z,6'- a ,0 1 +_ �} 6; 1 Z ik oPE t oo" 5TlEF-4Nt Rip- r fi #p i S. 4 LTEMP vr it }.E PNSFE T .6WALF.- eXTENP OECOW CVLYE*T Y Dr- ATOP, _ p . :. WINTEF- PROTEGTIO PlEs "ISTINA . LAWN i S. 4 LTEMP vr it 0Zh -- -- ..'' WEIT . ..'.., v.;Y . ® i - - \ - - - i - Yl..al x.�n,ow •_4 vI I • J •Y l,Y•1i6 t4.�n•. T Z eEo Ld e I W •., � n om � s^ 1G,r'°T �' ^'�o�. �Y �� � 4 exq ,sso '� [ • r ♦ =�� yMx y• `'��•''•, ; 2 _1 xr ,Y wtw)x `+ i t, a �xLFf J " rlP V ! yf Y� m Y yN ♦N a' . ,,, ` �'x•n • G F +Y <3 o � I � - -_ � •Z - -. - - _ „� oxxv ' +f, ° l � +r � 0 ° 04 ` ; a .db� ' 0 y n Ilo In 2 0 YI / /N /r N.� +c ,� a g dZ d rl h@ LW YIAVEN N N Y RANI ld OI L n u o� pC OC aY` 1° g +fie p V g YO R• x ra ` `0 —;�, 1;_ +' ) .or�E ®•` '3l. M , a _ �• 'OxYxv 1(��� I,° Z BIZ L ol + o w " W i J ¢a Y k n 0 � E � .� � � � i � �� •i, ` of - \ 1 1 x s '� ' ' YOY ,)AY ♦ `f Y] Y,r, Y�1 'i M1in ....e Y)a di— Z � N Y E " ♦) Mf ,l° ,,+ .' i. rlv�. ' tl, � ' ', _ � I 22 °� � �':: __ _ �' : i " "• � o € ZIP w _ yS £ 0I FS j `1 12 E I ��� /, �•BtWk Jq _ TY OF NOF r.qu'; _ Z Q Zb — — — — — — — — — — — — — — `i TO OF WEST HAMPTON, „ T Q .IZ Z m YY Q 0 .6 llort" 4 °' .8toz . • ^ +r uosx„aRH ad I w , DECISION This is the decision of the Board of Appeals of the City of Northampton on a petition for a variance by Edward P. Malinoski, from the requirements of Section 12 of Chapter 44 of the City Ordinances of the City of Northampton, for the purpose of OPERATING A FLEA MARKET IN A RESIDENCE B DISTRICT. THE EXISTING LAND IS PART OF A GOLF DRIVING RANGE. THE SECTION OF THE LAND TO BE USED IS SITUATED ON THE FAR NORTH CORNER, MEASURING 225 X 225 THE FLEA MARKET IS TO OPERATE ON WEEKENDS. THE PREMISES AFFECTED ARE SITUATED ON THE WEST SIDE OF HAYDENVILLE ROAD; 720 FEET DISTANT FROM THE CORNER OF BERNACHE STREET IN SAID NORTHAMPTON. This matter was duly advertised on May 31, 1972 and June 7, 1972 and came on for hearing before us on June 20, 1972; at which time the petitioner was present ............................. After Aloe hearing we unanimously vote to grant the petitioner a variance from the requirements of Section 12, of Chapter 44 of the City Ordinances of the City of Northampton, subject, however to the following restrictions: 1. The petitioner will be required to provide off - street parking for persons going to the Flea Market. 2. The Flea Market will be required to operate only on the weekends; and during daylight hours. 3. No buildings may be constructed on the premises. 4. The Flea Market is required to be operated only by the Petitioner. The Board of Appeals reserves the right to review or revoke this variance in the event that a traffic problem results from the operation of the petitioners Flea Market. The granting of this variance will not derogate from the Intent and purpose of the City Zoning Ordinances as the proposed. If use will not materially change the nature of the area. i i F '��' �,.t�r w,. '-( '� C5 - �'t7 1#fi kK`r.lvf_Yl: v ! .1 ! � EMc�L J✓7 I � -' ' 7 - 1-E TU LgND .g1ADtV 1DEo /3.! A bE,t?7 BOR4'W.SK/ ">ds r/C -' L'�,E /732 PAC 2/B - c "' AF y ! 4_5 e2• LA"o IN . Nv R1 "ha,�M NC�PTNAM,PTL�iV, MASS. �E ; im ' ' .''� • .�ey�y .r�. taet>YY Sr ;y /6Y' �NItP sCPLL'. GORDO" E A05WOPZVHe$ ASSOCIAt =S, INC. {- 1 ��•� e� �' 1 � t ':'.'� S _ 4' ✓"' , F I �h � y y t, 5' II � k , J i PyY f t t \,� $ '" 1 5 C` 1 CITY OF NORTHAMPTON ZONING BOARD OF APPEALS FINDING APPLICATION p I : MAR 4' L'004 L_ Applications WILL NOT be accepted without all of the following information. It is recommended that you meet with the Senior Planner to review application materials prior to submission. For an appointment, please call the Office of Planning & Development at 413 -587 -1266. 1. Change of a Legally Pre - Existing Non - Conforming Use or Structure Permit is requested under Zoning Ordinance . Section: %'S , Page: From Btfildtieg Znapector's,Revacrw�fri 2. Parcel Information Address: 1 ay l�R� \ e�1� (.\ Assessor Identification I Map #: / 10k Recorded in Hampshire Registry of Deeds or Land Court 4- 4144e,j v,LLe- wA I W LL;a,.,. ►MA c) t v 5 1 Telephone �/ 13 i� SDLI I 1 + 31 Email I UA y(3 AO) &Dl, Fax I ('4 ),( — - 70 a�i Status of ❑ ❑ Pu Owner; Contract rchaser; Applicant I ❑ Lessee; EMther: to v�c vA_ Parcel #: I Zoning District: VV—A Book: y Z I Page: j� 3. Applicant's Information 4. Owner information Name (if different from Applicant) /� Address � � Y Z Be i J �`�CJ� 3� 1 LdILL,��r�,S�� �c tsl 5; �� 5. Check boxes below indicating that you have attached /included the following documentation: ©' Sketch Plan OR Site Plan showing abutting property surrounding site. ❑ Filing Fee (which includes the advertising fee) made Payable to the City of Northampton ($185.00) ❑ Owner's Signature on Application Form or letter from owner authorizing applicant to sign on behalf of owner. ❑ Applicant's Signature on Application Form. ❑ Self Addressed (to owner and applicant) Envelope(s) ❑ Obtained abutters list from the neighboring town's Assessor for property located within 300' of said town. 003.pdf 11/21/2003 3j, -� V-( d oqq' of� ❑ 12 complete packages collated & stapled (original and 11 copies) ❑ Zoning Permit Review Form with Building Inspector's endorsement & Application ❑ Folded Plans- all plans of 11 X17 or lareer must be folded (If 36x24 plan sheets are included, they may contain 6 full sets with the remaining 5 at 11x17 size) and collated with each application. ❑ Detached Affidavit of Service (from application) to be sent to Office of Planning & Development after notifying abutters 6. Narrative D of Proposed Work/Project: (use additional sheets if necessary) 7. State How Work/Proposal Complies with the following Finding Criteria: (see also Section 9.2) a) Explain why the existing building, lot or use is legally pre- existing non - conforming. (Buildings, lots or uses that are in existence at the time new zoning is enacted are protected under grandfathering provisions) b) Does the change, extension or alteration create a new violation of the zoning, which would require a variance? ❑Yes ®No If Yes, explain c) Explain how the change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood: wC 5C r,� ���rL•N� D� �,c �� ��y ('j�.�2,� d ��'~{ c. A&Z.A , lj�oR ($ 4cz_ Scevc - S -Tb I certify that the information contained herein is true and accurate to the best of my knowledge. The undersigned owner(s) grant Zoning Board and its agents permission to enter the property to review this application. Date: / -py -o I Applicant's Signature: I 9 Date: /-09_ V' Owner's Signature: Owners signature or letter from owner authorizing applicant to sign.) ➢ Take the original and 11 copies of the application, to the City Clerk's Office. The Clerk will keep the original and date stamp one complete copy of the application for the Office of Planning & Development. ➢ File these remaining 11 copies of the application at the Office of Planning & Development, with the filing fee. 003.pdf 11/21/2003 File # BP- 2003 -0695 APPLICANT /CONTACT PERSON Jeffrey Cranston ADDRESS/PHONE P O Box 307 (413) 268 -3504 PROPERTY LOCATION 124 HAYDENVILLE RD - MEADOWCREST GOLF MAP I IA PARCEL 058 001 ZONE URA THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ZONING FORM FILLED OUT ENCLOSED REQUIRED DATE Fee Paid Building Permit Filled out — Fee Paid — �p'T` Tvneof Construction: CONSTRUCT T ADDITION AT SERVING WINDOW New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/ Statement or License 079531 3 sets of Plans / Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PR,*SENTED: Approved Additional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND /OR Major Project: Site Plan AND /OR ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit qr 3 Variance* Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Septic Approval Board of Health Special Permit With Site Plan Special Permit With Site Plan �lt /�"'✓.�10�r/ O� 117r xt STzJ& Sewer Availability Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm et Commission 6,3 0 Signature of Building Official Date / Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health, Conservation Commission, Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning & Development for more information. x i G �J I 1 k _ c . v --z r k 2 I N I ' x