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ZBA DecisionZoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2011-0005Date: October 1, 2010 APPLICATION TYPE:SUBMISSION DATE: Commercial Finding9/9/2010 Applicant's Name:Owner's Name: NAME: NAME: COLVEST NORTHAMPTON LLCCOLVEST NORTHAMPTON LLC ADDRESS:ADDRESS: 360 BLOOMFIELD AVE SUITE 208360 BLOOMFIELD AVE SUITE 208 TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: WINDSORCT06095WINDSORCT06095 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (860) 688-3667 (13)(860) 688-2343 (860) 688-3667 (13)(860) 688-2343 EMAIL ADDRESS: EMAIL ADDRESS: plapointe.colvest@snet.netplapointe.colvest@snet.net Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 327 KING ST HB TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 24B038000 Chapt. 350-9.3 (1) (D): Pre-existing TOWN:STATE:ZIP CODE: Nonconforming Structures or Uses May be Book:Page: Changed, Extended or Altered with a 4607294 PHONE NO.:FAX NO.: Finding from the Zoning Board of Appeals. EMAIL ADDRESS: NATURE OF PROPOSED WORK: Site Changes, Fast Food, Bank, Firestone Addition HARDSHIP: CONDITION OF APPROVAL: 1)Minor site changes allowed so long as the open space percentages do not drop. FINDINGS: The Zoning Board of Appeals granted the Finding based on the materials and graphics submitted with the application. The Findings of the Board under Section 9.3 for the change to a non-conforming site relative to open space, landscaping and parking lot layout were based on the plans and information submitted with the application as follows: 1. 327 King Street Existing Conditions Plan Sheet L-1 Prepared by The Berkshire Design Group for the Colvest Group dated 8/23/10 2. 327 King Street Site Plans and Details Sheets L-2, L-3 Prepared by The Berkshire Design Group for the Colvest Group dated 8/23/10 Revised 9/23/10. The Board found that the change to the site would not be substantially more detrimental to the neighborhood than the existing nonconforming site. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 8/24/20109/18/201010/7/2010 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 9/11/201011/13/20109/23/201010/7/201010/21/2010 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 9/9/20109/23/20109/23/201010/1/2010 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 9/16/20105:50 PM10/7/201012/18/2010 MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toGrant Sara Northrupvotes toGrant Bob Riddlevotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Bob RiddleSara Northrup3Granted w/ Conditions GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2011-0005Date: October 1, 2010 MINUTES OF MEETING: Available in the Office of Planning & Development. I, 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 the date above. I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ NOTICE OF APPEAL An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.