16D_022 141 North Main St-FINDINGPERMITS ISSUED
BOARD /COMMISSIONS ZONING BOARD OF APPEALS
TYPE �r IV OF PERMIT DA ISS DATE EXP IRES SRVCIAL CONDITIONS
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PAGE 1 OF ______
City of Northampton, INIassachusetts
Office of Planning. and Development
City Hail • 210 Mibin Street
Northampton, MA 01060 • ( 413) 566.6950
FAX (413) 5$6.3726
• Communi acid Economic Development
• Conservation • Historic Preservation
• Planning -board • Zoning Board df Appeal
• Northunpton Parking Commission
'4 r
DECISION OF
NORTEAMPTON ZONING BOARD OF APPS
APPLICANT: Nancy Nickerson
APPLICANT'S ADDRESS: 76 Chapel Street Northampton, MA 01060
OWNER: Thomas Kirkpatrick
OWNER'S ADDRESS: 4 Pine Island Lake, Westhampton, MA
RE LAND OR BUILDINGS AT: 141 North Main Street, Florence; MA
ASSESSOR'S MAP and PARCEL NUMBERS: MAP # 16D PARCEL # 22
At_ a meeting conducted on January 5, 1994, the Northampton
Zoning Board of Appeals unanimously voted 3:0 to grant the
request of Nancy. Nickerson for a FINDING under the provisions of
Section 9.3, B,D,E, page 9 -2 in the Northampton Zoning Ordinance,
for .a change of use of a pre- existing, non- conforming structur
on .a pre- existing, non - conforming lot from a video rental stord
to .a real estate office at 141 North Main Street, Florence.
Zoning Board Members present and voting were: Chairman Peter
Laband, Associate Members Alex Ghiselin and M. Sanford Weil, Jr.
The Findings of the Zoning Board under Section 9.3 B,D,E, for a
change in use of a Pre - existing non - conforming structure on a
pre - existing nonconforming lot were:
1. The change in use will not be substantially more detrimental
to the neighborhood than the existing non - conforming use Lnd
structure because the new business, a real estate office,
will generate less traffic than the previous use of a vidoo
rental store.
Conditions on Finding:
1. Hours of operation allowed with this permit shall be:
9:00 A.M. - 9:00 P.M. Monday - Saturday,
Noon - 8:00 P.M. on Sunday.
Pursuant to Massachusetts General Laws (MGI,) Chapter 40A, Section
11, no Finding or any extension, modification or renewal thereof,
shall take .effect until a copy of the decision earin
Certification of the city clerk that twenty days*haveg0la®
after the decision has been filed, or if such an a as bi
filed that it has been dismissed or denied, is recorded, In
SamgshiVe County Registry of Deeds or Land Court as
and indexed under the name of the owner of record or is recor ed
and noted on the owner's certificate of title. The fee for su h
recording or registering shall be paid by the owner or applic nt.
It is the owner or applicant's responsibility to pick up a the-
certified decision of the City Clark and record it at the
Registry of Deeds. - --
The Northampton Zoning Board of Appeals hereby, certifies that a
Finding has been granted and that copies of this decision and all
plans referred to in it have been filed with the Planning Board
and the City Clerk.
Pursuant to Massachusetts General Law Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If you wish to appeal this action our apeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17, in the Hampshire
County Superior Court or the Northampton District Court and
notice of this appeal fixed with the City Clerk within twenty
(20) days of the date this decision was. filed with "the City
Clerk.
Applicant: Nancy Nickerson - 141 North Main Street, Floren -e
Decision Date: January 5, 1994
This Decision was Filed with the City Clerk on: January 13. 1994
Dr. Peter Laband, Cilia rman
A EV •,� v
Alex Ghiselin
M. ''Sanford W 1, Jr.
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` ZSA Meeting Minwt" - Januaty 1 ' 1994
The request of Nancy Nickerson for a Finding, .under $9.3, B, D &
E, page 9 -2 of the Zoning Ordinance for a change of use of a pre-
existing, non - conforming structure on a pre- existing, non-
conforming lot from a video rental store to a real estate office
at 141 North Main Street, Florence.
Chairman Laband opened the Public Hearing at 7:23 p.m. and read a
copy of the legal notice which was published in the Daily
Hampshire Gazette on December 22 and 29, 1993. Present and
sitting on the case were: Chairman Peter Laband, Associate
Members Alex Ghiselin and M. Sanford Weil, Jr. Chairman Labar.d
outlined the procedures for public hearing and invited the
applicant to give a presentation on her request.
Nancy Nickerson said she was proposing to open a real estate
office which would employ a few other agents. She said she wants
to operate a successful business out of the North Main Street
location.. Sandy Weil asked about the sign and Nickerson said
that the sign will remain the same except for changing the
lettering to identify her new real estate business. Alex
Ghiselin asked about the hours of operation and said he would
like to stipulate the hours in the Finding. Nancy Nickerson vaid
that the office would be open 9:00 A.M. - 5:00 P.M. except by
appointment; 9:00 A.M. - Noon on Saturday and Sunday by
appointment. Alex Ghiselin said he would like to stipulate that
the office be open no later than 9:00 P.M.
M. Sanford Weil, Jr. moved to close the Public Hearing. Ale$
Ghiselin seconded the motion which passed unanimously 3:0.
M. Sanford Weil said that the request before the Board was f03- a
Finding under $9.3 B,D, & E, page 9 -2 of the Zoning Ordinance for
a change in use from a video rental store to a real estate
office. Weil noted that the only change on the existing sign
would be the lettering to identify the business. Weil said that
he thought the requested change in use would not be more
detrimental than that which preceded it, and he was prepared to
vote in favor of the request for Finding. Ghiselin said that he
was prepared to vote in favor of the request as long as a
condition was placed on the permit limiting the hours of
operation as stated above. Dr. Laband said he concurred with his
colleagues. He said that the Board had seen other businesses at
the same location, and had never heard any complaints from th
neighbors about the various businesses disturbing them. Laba d
noted that a real estate business would probably generate les
traffic than the video rental store, and said he too finds that
the requested new use will be less detrimental to the
neighborhood than the previous use and will vote in favor.
Laband said he agreed with Ghiselin about limiting the hours pf
operation and would like to include the same limitation on hours
as the previous use.
M. Sanford Weil, Jr. moved to approve the request for Finding
since the change in use would not be substantially more
-3-
Y .
IBA Mieti.ng X&Wte-6 - January 5 ' 1 994
detrimental to the neighborhood than the previous use. Ales
ahiselin seconded the notion which passed unanimously.
It
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CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT
MEMORANDUM
TO:
FROM: Zoning Board of Appeals
SUBJECT: Mary Martineau for the Northampton Planning Board
DATE: Nancy Nickerson - request for Finding
December 28, 1993
FILE: 93 -F -51
At its December 16, 1993 meeting, the Northampton Planning Boarqq,
'
reviewed the request of Nancy Nickerson for a Finding under $9.3I
B, D & E, page 9 -2 of the Zoning ordinance for a change of cf
use
a pre- existing, non - conforming structure on a pre- existing , se
conforming lot from a video rental store to a real estate office
at 141 North Main Street, Florence.
The Planning Board voted unanimously 7:0 to recommend that the
Zoning Board of Appeals approve the request for Finding since th
requested use would not be any more detrimental to the
neighborhood than the previous use.
ORIGINAL PRINTED ON RECYCLED PAPER
LEASE
..i
-rct
This lease is made and executed on L e_ ��l�ig3 by and between Thomas
C. Kirkpatrick and Robbin N. Kirkpatrick hereinafter called the les-
sors, of 4 Pine Island Lake, Westhampton, MA. 01027, and Nancy Nicker-
son of 76 Chapel Street, Northampton, MA., hereinafter known as the
lessee.
1. The lessors hereby lease to the lessee the premises known as 141
North Main Street, Northampton (Florence), Massachusetts. This
premises is a single story brick structure previously known as
"Alexander's Market ". This lease does not apply to a two story
framed single family house also know as 141 North Main Street, Flo-
rence, MA. 01060. The lessee shall have exclusive use of the
asphalt parking lot adjacent to the market.
2. It shall not be necessary for the lessor to demand rent or other
payments required hereunder and lessee shall make all payments to
lessor at 4 Pine Island Lake, Westhampton, MA. 01027. Lessee shall
not be in default for non - payment of rent in any one month, pro-
vided said rent is postmarked by the fifth day of the month, as
indicated by the U.S. Postal system post mark. Metered mail is
unacceptable to document timeliness in regard to any notice or ay-
ment required by this lease. If rent is not paid by the fifth niay,
lessee shall include a late fee of ten percent (10 %) of the mon, s
rent.
_.3. - Whenever in this lease it is required or permitted that notice r -- -
demand be given or served by either party hereto on the other, - - uch
notice or demand shall be deemed given or served when written aid
deposited in United States mail, certified postage prepaid,
addressed as follows:
To lessor at: 4 Pine Island Lake, Westhampton, MA. 01027
To lessee at: 76 Chapel Street, Northampton, MA. 01085
These addresses may be changed from time to time by either party by
serving notice.
4. Alterations of the premises, interior and exterior, are hereby
allowed. If the alteration requires a building permit, permiss on
for such alteration shall be required from the lessor. At the er-
mination of this lease (or any extension thereof), the alterati ns
shall remain, reasonable wear and tear excepted, as the propert of
the lessors.
S. This lease is contingent upon the lessee obtaining zoning approval
from the Northampton ZBA. The lease will commence 1/15/94 and
A.n, exp a 6/30/95. The rental rate will be $700.00 per month from
1/ 94 through 6/30/94. The rate will be $750.00 a month from
-r�CK 7/1/94 to 6/30/95. r& �, r # I r d rrt ce,
� • l�.s -� hs t y stort ��t' r&',s
A first and last months rent is being paid as.a deposit pending the
�.
Page Two - Nickerson lease
decision of the ZBA. If the lessee attempts to obtain approva.. of
the ZBA to operate a real estate office at 141 North Main Stre t,
Florence, MA. and uses all possible means to obtain a proval and
fails, this deposit will be refundable in full. The 31450.00 depo-
sit will be refunded within 30 days of the ZBA refusal.
6. Repair to the exterior are the responsibility of the lessor. Les-
sor agrees to be responsible for structural repairs. Lessor is
responsible for plumbing to the structure. Plumbing within the
structure is the responsibility of the lessee. Lessor agrees to
maintain electrical service to the structure including the service
panel. Lessee is responsibility for the wiring from the service
panel to receptacles and equipment.
The heating system is to be maintained by the lessee. If the fur-
nace required replacement, the replacement is the responsibility of
the lessor. Lessee shall be responsible for all interior rep it
and maintenance not of a structural nature. Any exterior altE
ation made by the lessee shall be repaired and maintained by tttiiihe
lessee.
_._ 7. Charges for water and sewer
.lessee will pay for heating,
_._ removal of their parking lot
is to be used exclusively by
shall be located in the rear
lessors dumpster.
ire to be borne by the lessors. The
electricity, garbage removal and snow
and sidewalk. The asphalt parking lot
the lessee. The rubbish dumpster
gravel parking lot adjacent to the
S. Lessors convenant and warrant that they are the owners of the
demised premises and have the right to make this lease, and tince at
the lessee, on paying the rent herein reserved and on perform
of all the terms and conditions of this lease on their part t be
performed, shall at all times during the term thereof peacefully
and quietly hold and enjoy the demised premises.
9. Lessor agrees to insure the structure. Lessee is responsible for
obtaining their own business insurance to cover their business per-
sonal property, tenant improvements and betterments, and liability.
Evidence of obtaining insurance shall be required to be proviled to
the lessor prior to Feb 1 is agreed that the lessor shall be
named as an additional insured on the lessee's policy. If cover-
age, companies or agencies are changed, the lessor will be notified
immediately. I-C r-
10. Any agreement thereof made hereafter between the parties her to
g
shall be ineffective in changing, modifying, or discharcin s
lease in whole or part, unless the agreement is in writing a di
signed by both parties.
Page Three - Nickerson lease
M
11. Lessee shall use the demised premises for the exclusive purpos of
conducting a real estate agency and shall not conduct any ac ti ity
that is unlawful or ultrahazardous. It is the lessee's respon i -
bility to research and obtain all pertinent approval and licence
from the proper authorities. Lessor makes no warranty as the zon-
ing suitability of the premises.
12. Lessee agrees to permit lessor and its authorized representati *ies
to enter the premises at all reasonable times for the purpose f
inspecting same, or for the making of any necessary repairs fo
which the lessor is responsible or feels necessary for the saf ty
and preservation of the demised premises or for the performanc of
any work within which may be necessary to comply with any laws or
regulation of any public authority or for the purpose of posti;lg
notices of non - responsibility.
13. In the event that the building or the premises be destroyed by
fire, earthquake, or any other cause, or be so damaged as to rander
at least 50% of the premises untenable and to the extent that they r1�r1.
cannot be restored to the full use and occupancy within ninety (9001,gp
days from the date of such destruction or damage, then this lease
may be terminated at the option of either party by written notice
given within thirty -days of the date of.destruction or damage. If
the foregoing option is not exercised, this lease will remain in
force, and lessor shall, at lessor's expense, promptly restore] the
premises with the shortest time possible under the circumstances.
14. If, as a result of any casualty, the premises are rendered totally
or partially untenable, rent shall be abated from the date of dam-
sge until the completion of restoration, or until the earlier ter-
mination of this lease, in proportion to the unusable portion of
the premises.
15. Upon expiration or termination of the Agreement, the lessee shall
deliver the keys of the premises to lessor. Locks shall not be
changed, altered or replaced nor shall new locks be added by the
tenant without the written permission of lessor. Any locks sc per-
mitted to be installed shall become the property of lessor anc,
shall not be removed by the tenant. The tenant shall promptly give
duplicate key to any such changed, altered, replaced or new locks
to lessor.
16. Upon termination of this agreement, lessee shall vacate the p e-
mises, remove all personal property belonging to them and leave the
premises clean, normal wear and tear accepted.
Page Four - Nickerson lease
17. Time is of the essence of this lease. No subletting without writ-
ten consent of the lessor. In case of default by lessee, lessee
agrees to pay lessors reasonable legal expenses necessary to
enforce provisions and collection of this lease. All covenan�s
and conditions herein are mutually dependent. No changes or a di-
tions to this lease sharrl be made except by written agreement
between landlord and tenant. This lease and any attachments
represents the entire agreement between landlord and tenant.
LESSEE
' r "0714
Njnc�_=Jsbzf
LESSOR
Robbin N. Kirkpatrick
J�
Yas4CT?2ir
DEC 1 41993
Date Filed
ZONING PERMIT APPLICATION (510 -4)
1. Name of Applicant: NAMC.V �
Address: ,J�'t.. S7- QQ 85-1 EtA�1 Telephone: , rR.q -
2. Owner of Property: I
Address: Telephone: z--
3. Status of Applicant: • Owner Contract Purchaser )
Lessee Other (explain:
4. Parcel Identification: Zoning Map Sheet# I(oP Parcels -,
Zoning District(s) (include o erlaa ) ) vR
Street Address Required
5, Existina Pr000sed by Zoning
Use of Structure /Property
(if project is only interior work, skip to
Building height
%B1dg.Coverage (Footprint)
Setbacks - front
- side L: R: L: R:
- rear
Lot size
Frontage
Floor Area Ratio
.%Open Space (Lot area minus
building and parking)
Parking Spaces
Loading
Signs
Fill (volume & location)
6. Narrative Descri tion of Proposed Work /Project: (Use additiona] sheets
if necessary) - c- !
7. Attached Plans: E/ Sketch Plan Site Plan
8. Certification: I hereby certify that the information contained herein
is true and accurate to the best of my knowled e.
Date:
Applicant's Signature: Q/vt/' y
7 �
"- — — — — THIS SECTION FOR OFFICIAL U
Approved as presented /based
✓ Denied as presented -- Reason:
Special*Permit and /or Site
'nding Re iced:
S nTt 15f B o
n informa presented
,� I,
Plan Rbquired:
variance Required:
3
r Dat
NOTE: issuance o( a zoning pomVt does not relieve an appkaWs burden to conN* wah aM zoning requirements and obtain ail reauked Permits
kern the Board at Health. Conservation Commission, Department of public Wortca acid other afnAcabto permit granting authoftm
e ?.)-
CITY Of NORTHAMPTON
FINDING APPUCAT101V
(Change of a Pre - Existing Nonconforming Use or Structure)
1. ADplicant's Name: NAMCK K-(-Rsc-P 114 le Reel
Address: ��: CF1 AP � S r - �0f� cW tc),,j Teiephoone: _ q -
2. Propertv Owner's Narriq:
Address: �L� ne .I V, ek t'f 4 A.ee - 1a /P � j lr� r�,�tc Telephone: �. 7
3. Status of Aoolicant: _Owner _Contract Purchaser A Lessee _Other
(explain: )
4. Parcel Identification: Zoning Asap # 1� Parc el# , Zoning District(s) i
Street Address I 1 51 -
5. Findinq is being requested under Zoning Ordinance Section Page C 7 .
io of Proposed Work roiect: use additional s6etss if neces°ary)
6. Narrative Descnpt n IF' f l (
mr t 1 P Li Cl �� ►1 c; t ^`� �n r`� t v1t e t � I Zi c �-' Ft� r�v�.� U, r�, z �, _ 5 t'r,t V" o
c� e�lnc� f�e�ic�et�? i�1
OeLA �' lies. �i �Side►a�t�ti
le-e iJ 1,5
7. State How Work/Pr000sal Complies with FindiW iteria. ( Applicant's Guide and
use addi�ial I necessary) 1
(-
i
8. Attached Plans: Sketch Plan Sitean None Requir
9. Certified Abutters List from Assessors' Office must be attached.
10. Certification: I hereby certify that I have read the FINDING CRITERIA and that the
information contained herein is true and accurate to the best of my knowledge. I (or
the landowner, if I am not the landowner) grant the Zoning Board and Planning Board
permission to enter the property to review this permit application.
Date:,�- - £� 1qr?3 Applicant's Signature:
U17HUL Ubt ONLY f
Date Filed: File #:
(memoreAwp\zba \finding.zba 10/20/92)
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 586 -3726
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board • Zoning Board of Appeals
• Northampton Parking Commission
_,/
DECISION OF
NORT HAMPTON ZONING BOARD OF APPEALS
APPLICANT: A. AUSTIN WEIDHAAS
APPLICANT ADDRESS: P O BOX 298, WILLIAMSBURG, MA 01096
OWNER: THOMAS KIRKPATRICK
OWNER ADDRESS: MAIN STREET, EASTHAMPTON, MA 01027
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 141 NORTH MAIN STREET,
FLORENCE, MASSACHUSETTS
At a meeting held on April 21, 1993, the Northampton Zcning
Board of Appeals voted unanimously to GRANT the request o: A.
Austin Weidhaas for a FINDING under the Provisions of S9.3B and
S9.3D, page 9 -2 of the Northampton Zoning Ordinance, to allow for
a Video Rental Store to be located at 141 North Main Street,
Florence. Present and voting were Acting Chairman Dr. Peter
Laband, Alex Ghiselin, and M. Sanford Weil, Jr.
The findings were as follows:
1. The Zoning Board found that the requested change would no be
substantially more detrimental than the existing nonconforming
use to the neighborhood. The Board thought that the new use
would be less detrimental because there would no longer b. e any
food - handling, food odors, or waste disposal problems at the
site.
2. The Zoning Board found that there would be no additional
increase in traffic as a result of the change, and thus no
adverse affect on the neighborhood.
The Conditions are as follows:
1. The applicant will be allowed to re- letter the existing sign
and change the name from "Mama Rosa's Deli" to "Showitime
Videos" as long as the size and location of the sign remains
unchanged.
2. Hours of store operation will be: Monday- Saturday from 10:00
A.M. to 9:00 P.M. Sunday store hours will be Noon to 8:00
P.M.
U
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Pursuant to Mass.
finding General Law
4 or s permit s, Chap. A• 40A,. S11 no variance,
bearing thereof, shall take effect y extension, modificat -on or
g the certification of the CitynClerk that elapsed after PY ° f the decision twenty da
that no a the decision has been filed with the Cit
anneal has been filed, or if such an a have
that it has been dismissed or denied, is recorded al Y been k and
Count PPe has been filed
County Registry of Deeds or Land Court the 'ban shire
� as aPplicablen
caner of record or is recorded and no ed
under the name of the o on
e owner's certificate of title fee for such record ng or
The
registering shall be paid b f
owner or be
respo mer or applicant.
decision from It i the
Deeds. the City Clerk and record P it at u the a certified
Regist of
The Northampton Zoning Board of A
variance, finding, or special PPeals hereby certifies that a
copies of this decision and all Permit has been granted and that
filed with the Planning plans referred to in it have been
g Board and the City Clerk.
Pursuant to Mass. General Laws
hereby given that this decisioCshapter 40A, section 15, notice is
n i
Clerk on the date below. filed with the No y
N orthampton 2t
If You wish to
Pursuant to appeal this action, your a
Superior Court and . no Cth ee of said a ection 17 Ppeal must be fled , with the within r Court
appeal filed with the City Cl
the City t w enty (2 C) days of the date this Decision was Y Clerk
y Clerk. filed 'Jith
DECISION DATED: April 21, 1993
DECISION FILED WITH CITY CLERK:
April 27, 1993
C Its,
Dr. Peter Laband
II
M. Sanford 146-11, Jr.
A lIq, X, cc t �► �
Alex Ghi.selin
-2-
1 1%� 1-1/
Minutes of
ZBA Meeting 4/21/93
Request of A. Austin Weidhaas for a Finding under S 9.3 (B, D) , p iLge
9 -2 of the zoning ordinance for a Video Rental Store at 141 North
Main.Street, Florence.
Dr. Laband read a copy of the Public Notice which was published in
the Dailv Hampshire Gazette on April 7 and April 14, 1993. Dr.
Laband also read the April 13, 1993 memo from the Planning Board to
the ZBA which stated that the Planning Board had voted unanimously
to recommend approval of the Finding request for a Video Ren-,al
store at 141 North Main Street, Florence. The Planning Board found
that such a use would not be any more detrimental to :he
neighborhood than the previous use of the building.
Austin W. Weidhaas was present to discuss the case. He gav a
brief review of the history of the building's previous uses nd
said that he would like to open a video rental store at Ihe
property. Weidhaas stated that his hours of operation would be
Monday- Saturday 10:00 A.M. - 9:00 P.M. and Sundays Noon -8:00 P,M.
Tom Kirkpatrick, owner of the building, was present to voice his
approval of the application. He said he had checked out the other
two video stores owned and operated by the applicant, and found
them both well- organized, clean and noted that the applicant showed
good business sense. Kirkpatrick noted that the building's
previous occupants had been food - oriented businesses which creaked
more of an impact on the neighborhood with food odors and w_th
disposal of waste products.
Sandy Weil moved to close the Public Hearing. Alex Ghise in
seconded the motion which passed unanimously.
Sandy Weil reviewed S9.3 (b) , page 9 -2 of the zoning ordinance which
discusses changing or altering pre- existing, non - conforming users.
Weil found that the requested use would not be any more detrimental
to the neighborhood than the previous use. He said he was prepared
to vote in favor. Alex Ghiselin said he had no problem with the
application and he too would vote in favor. Dr. Laband said he
agreed with his colleagues. He said the applicant was changing the
use but he believed that the proposed use would not be any mere
detrimental to the neighborhood than the previous use, and would
-3 -
ZT MINUTES"OF MEETING 4/21/93
probably be less detrimental than the two food - handling businesses
which had previously occupied the site. Laband said he would like
to add that the change in the use would include the granting of the
change of the name on the existing sign from MaMa Rosa's Deli to
Showtime Videos, as long as the size and location of the sign
remains the same.
Sandy Weil moved to approve the Finding request. Alex Ghi lin
said he would like to add a condition which specified the ho of
operation. The following conditions were attached to the pimit
approval:
1. The applicant will be allowed to re- letter the existing sign
and change the name from Mama Rosa's Deli to Showtime Videos
as long as the size and location of the sign remains
unchanged.
2. Hours of store operation will be: Monday - Saturday from 10:00
A.M. to 9:00 P.M. Sunday store hours will be Noon to 8:00
P.M.
Alex Ghiselin seconded the motion which was passed unanimously.
Mm
F,
_I
CITY OF NORTHAMPTON '
FINDING APPLICATION
(Change of a Pre - Existing Nonconforming Use or Structure)
I. Apolicant's Name: ,4 ,4 ,-_ rr, 1. • /. /,. , 'n 1_1A,4 r
Address:
Telephone: Z Gf- - 7V/
2. Prooerty Owner's Name:
Address: Telephone: - "7 7
d/ C�
3. Status of Aoolicant: Owner _Contract Purchaser Lessee Other
(explain: '—
4. Parcel Identification: Zoning Map # C GO Parcel # 2-7 Zoning District(s) l3
Street Address / 4l/ ���� ;�, �,
e'3, 0 z))
& Findinq is being requested under Zoning Ordinance Section �. 3 , Page
6. Narrative Description of Pr000sed Work,/Proiect: (use additional sheets if necessary)
/)l
1_ l A n r{ /a T 7 0 h r 8.
7. State How W QdS6BMQMal Comolles with Findina Criteria: (See Applicarnt's Guide and
use additional sheets if necessary)
yy k) u m - ti '7
8. Attached Plans: Sketch Plan Site Plan None Required
9. Certified Abutters I.& from Assessors' Office must be attached.
10. Certification: I hereby certify that I have read the FINDING CRITERIA and that tie
information contained herein is true and accurate to the best of my knowledge. I or
the landowner, if I am not the landowner) grant the Zoning Board and Planning Bo *d
permission to enter the property to review this permit application.
Date:'? - / 7- 9 ? Applicant's Slgnature
Ut+lQE- USE- ONLY
Daft FW: File A
(m. WWQAWP%ZWZba _Pb.ma
Date Filed 0 , ? ` " 000
ZONINQ PERMIT APPLICATION File No. 16
1. Name of Applicant: i�1Ti%�
Address � 7 j fii�i4l 2l"'- /�' Y
Telephone :
2. Owner of Property,
Address:
Telephone: S
3. Status of Applicant: Owner C .2
Contract Purchaser
Lessee Other (explain:
4. Parcel Identification: )
Zoning District (s) Zoning Map Sheet# Parce�JS
( ) (include overlays) Itp �
Street Address
5. Required
Existincr
Use of Structure /Property G I Proposed Ibv Zoninq
(if project is only interior work, skip �t #6)
Building height
- Bldg .Coverage (Footprint)
Setbacks - front
- side L: R: 1
- rear I L: R:
Lot size j
Frontage I `
Floor Area Ratio I
%Open Space (Lot area minus
building and parking)
Parking Spaces
Loading [ ,
Signs
Fill (volume & location) I
6. Narrative Description of Proposed Work/Project: '
if necessary) �- (Use additional sheets
7. Attached Plans:
Sketch Plan Site Plan �
8. Certification: I hereby certify that the information contained he rein
is true and accurate to the best of my knowledge.
Date: ��� uSF / /�y� Ap plican t � ;! ��, ��, i' v...N
- _ - s Signature:
TIiIS SECTION FOR OFFICIAL USE ONLY: '" - RJ
��pproved as presented /based on information
Denied as presented--Reason: Presented
Special Permit and /or Site Plan Required; �..n
Finding Required: 9,? Variance Required:
gnaure of $ `lding Inspector D at e
l
Date
NOTE Issuance of a zoning permit does not relieve an applicant's burden to comply
from the Board of Health, Conservation commission, Department of Public Works and other permit gr authoritilesrequtro i permits
I e -)..
Zoning
Miscellaneous Additions, Repairs, Alterations, etc. Tel. No. Alterations
NORTHAMPTON, MASS_ _ '1-t4 Qu -
� /,0 19 Additions
i APPLICATION FOR PERMIT TO ALTER Repair
� Garage
1. Location /W &A - 1 2IN YAj;y .0, c � , Lot No.
2. Owner's nam 77 J�'i egaTr rK Address A S l y
3. Builder's name / Address;P0,440Sr
Mass. Construction Supervisor's License No. � Z 7 Expiration Date / Z — ?/— 3
4. Addition
S. Alteration E01 fZZOAC=am " '^ --- A
6. New Porch A
7. Is existing building to be demolished?
8, Repair after the fire
9. Garage ;lYa No. of cars Size
10. Method of heating
11. Distance to lot lines
12. Type of roof
13. Siding house
14. Estimated cost- 4`5 a d 0. 04r
r
GEJ
The undersigned certifies that the above statements are true tot he best of his, her
knowledge and belief.
Signature of responsible appaieani
Remarks
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Zoning
Miscellaneous Additions, Repairs, Alterations, etc. Tel. No. Alterations
NORTHAMPTON, MASS_ _ '1-t4 Qu -
� /,0 19 Additions
i APPLICATION FOR PERMIT TO ALTER Repair
� Garage
1. Location /W &A - 1 2IN YAj;y .0, c � , Lot No.
2. Owner's nam 77 J�'i egaTr rK Address A S l y
3. Builder's name / Address;P0,440Sr
Mass. Construction Supervisor's License No. � Z 7 Expiration Date / Z — ?/— 3
4. Addition
S. Alteration E01 fZZOAC=am " '^ --- A
6. New Porch A
7. Is existing building to be demolished?
8, Repair after the fire
9. Garage ;lYa No. of cars Size
10. Method of heating
11. Distance to lot lines
12. Type of roof
13. Siding house
14. Estimated cost- 4`5 a d 0. 04r
r
GEJ
The undersigned certifies that the above statements are true tot he best of his, her
knowledge and belief.
Signature of responsible appaieani
Remarks
City of Northampton, Massachusetts
Office of Planning and Development
City Hail • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 586 -3726
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board • Zoning Board of Appeals
• Northampton Parking Commission
u
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: CHRISTOPHER E. RICHARD
APPLICANT ADDRESS: 248 HATFIELD STREET, NORTHAMPTON, MA 01060
OWNER: THOMAS C. KIRKPATRICK
OWNER ADDRESS: 4 PINE ISLAND LAKE, WESTHAMPTON, MA 01060
RE LAND OR BUILDINGS IN FLORENCE AT: 141 NORTH MAIN STREET
At a meeting held on May 20, 1992, the Northampton Zoning
Board of Appeals voted unanimously to GRANT the request of
Christopher E. Richard for a FINDING under the Provisions of $ 9.3
(b,d,e) of the Northampton Zoning Ordinance, to use a building at
141 North Main Street as a market /deli and a Finding under $7.6 to
change the name on a pre- existing, lighted sign which is attacked
to the building at the same address. Present and voting were
Chairman Robert C. Buscher, William R. Brandt, and M. Sanford Weil,
Jr.
The findings were as follows: :0
1. The Board found that the change in use to a market /deli would
not be any more detrimental to the neighborhood than the previous
use. The applicant's request for use is in keeping with the
history of use for the property.
2. The Board found that the request to change the name on the si 3n
should be approved as long as the applicant does not increase tie
size of the sign because it will not be any more detrimental to tie
neighborhood than the previous sign.
The Conditions are as follows:
1. The applicant must stripe the parking lot to delineate the
parking spaces.
2. Neither the size nor the dimension of the existing sign shall
be changed.
Pursuant to Mass. General Laws, Chap. 40A, $11, no variance,
finding, or special permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days lave
elapsed after the decision has been filed with the City Clerk and
that no appeal has been filed, or if such an appeal has been f led
that it has been dismissed or denied, is recorded in the Hamps ire
County Registry of Deeds and indexed under the name of the owner of
record or is recorded and noted on the owner's certificate of
title. The fee for such recording or registering shall be paid by
the owner or applicant.
The Northampton Zoning Board of Appeals hereby certifies that a
variance, finding, or special permit has been granted and teat
copies of this decision and all plans referred to in it have been
filed with the Planning Board and the City Clerk.
Pursuant to Mass. General Laws, Chapter 40A, section 15, notice is
hereby given that this decision is filed with the Northampton C -ty
Clerk on the date below.
If you wish to appeal this action, your appeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17 with the Hampshire
Superior Court and notice of said appeal filed with the City C1 rk
within twenty (20) days of the date this Decision was filed with
the City Clerk.
DECISION DATED: May 20, 1992
DECISION FILED WITH CITY CLERK: May 26, 1992
Robert C. B scher, Chairman
will R. t
M. Sanford Weil, Jr.
-2-
City of Northampton, Massachusetts
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 586 -3726
• Community and Economic Development
• Conservation • Historic Preservation
• Planning Board • Zoning Board of Appeals
• Northampton Parking Commission
TO: ZONING BOARD OF APPEALS
FROM: Mary Martineau, Board Secretary,
for the Northampton Planning Board
RE: Planning Board Recommendations for
Mary Be Shanley, Thomas and Linda Aird, and Christopher
Be Richard
DATE: May 20, 1992
At their meeting on May 14, 1992 the Northampton Planning Bo Ja) d
reviewed the request of Mary Be 8hanley for a Finding under §9.3
(1) of the Zoning Ordinance to allow for rebuilding of an enclo d
poch at 12 Hampton Terrace. The Planning Board recomme s
approval of the Finding because the project will not be any m e
detrimental then what is previously on the site.
At their meeting on May 14, 1992 the Northampton Planning Board
reviewed the request of Thomas and Linda Aird for a Finding under
§9.3(a) of the zoning ordinance to allow replacing existing 6' X 7
deck at 107 Frani[lin Street with an all- season porch at the ba --k
of the house with the dimensions of 17 X 11 The Planning Board
recommends that the ZBA approve the Finding because the proje -t
will not be any more detrimental to the neighborhood than what is
previously on the site.
At their meeting on May 14, 1992 the Northampton Planning Board
reviewed the request of Christopher J. Richard for a Finding under
$9.3 (B,D,E) of the zoning ordinance to change the use of a
building at 141 North Main Street, Florence to a market /deli and a
Finding under $7.6 to change the name on the sign. The Plannimg
Board recommends that the ZBA grant the Finding for use because the
proposed business will not be any more detrimental to the
neighborhood than the previous use. The Planning Board suggests
the following condition: that the parking lot be striped to
delineate parking spaces. The Planning Board recommends that the
ZBA grant the Finding on the sign because the sign was a pre-
existing and non - conforming sign and changing the name will not be
any more detrimental to the neighborhood.
is
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MAY 14 {
CII CLERKS OFFICE
NUKIHJ+ A 9t3.�U�./y& File No.
APPLICATION FOR A FINDING
(Chance Extension or Ajteration of a Pre- Existing
Nonconfo Ina Use or Structure)
L. Name of ADul' nt:
Address: /<< a V Telephone:��jJ�tS,�
2 . Owner of Property: �AC r
Address • � y�_ qr�_ u,� Telephone
3. Status of ADDlicant,: Owner Contract Purchaser
Lessee Other (explain )
4. Parcel Identification,: Zoning Map Sheets` /wl-b Parcelr'
Zoning District(s) �Q ,
Street Address W
5. Findina is being requested under Zoning Ordinance
Section 'J 6 Page
6. Narrative IDescxjption of Proposed Work /Proiect: (Use
additional sheets if necessary)
TpZ AIAW v&
. si,�AJ tic c/ AVIK a�
SA4 AI IS T,Vd - &Mb AA4 S =C
7. State How Work /Proposal Co =,] ~ es with Findina Criteria: (S e
Applicant's Guide and use addit ,� ov v� ional sheets if necess )
/sue `T A0A1 �� Ti vEr
is � /2' -o�''
-j8 — j 8&M 7N Xid g",1L,t'_ 17 P4 A4
-- t�i�iCTL.a � C� TPl1Fr�!'
a. Attached Plans,: Sketch Plan Site Plan
_Z None Required
9. Abutters. (See instructions. Use attached abutter's list)
10. Certification: I hereby certify that I have read the GUIDE T
APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and
that the information contained herein is true and accurate to
the best of my knowledge.
Date: Applicant's Signature