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PB DecisionPlanning - DecisionCity of Northampton Hearing No.:PLN-2011-0013Date: October 22, 2010 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 9/17/2010 Applicant's Name:Owner's Name: NAME: NAME: Kerry AvezziePUN FAMILY LLC ADDRESS:ADDRESS: 32 Berikshire Ave.191 SOUTHWICK RD TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: SOUTHWICKMA01077WESTFIELDMA01085 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 176 PINE ST NB(100)/ TOWN:ADDRESS: ACTION TAKEN: FLORENCE MA 01062 Approved With Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 22B041001 Chpt. 350- 10.1: Permit Time Limits TOWN:STATE:ZIP CODE: Book:Page: 4853143 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: RESTAURANT LESS THAN 50 SEATS. HARDSHIP: CONDITION OF APPROVAL: 1)Prior to issuance of a certificate of occupancy, the required grease trap shall be installed. Said grease trap must be maintained to prevent grease from entering city sewerage. FINDINGS: The Planning Board approved the application for a special permit for a restaurant based upon the plans and information submitted with the application. In granting the permit, the Board found that the following required elements had been met: (1) The requested use protects adjoining premises against seriously detrimental uses. The commercial center has a mix of businesses including another restaurant. (2) The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area. There will be no additional impact. The hours of operation in the early morning until early afternoon do not conflict with peak trips within the city. The previous retail use had evening peak trips. There is ample parking on site. (3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area. No site changes are proposed. (4) The requested use will not overload, and will mitigate adverse impacts on, the City’s resources including the effect on the City’s water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools; and (5) There are not special regulations to meet regarding restaurants (6) The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the ordinance; and (7) If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D. COULD NOT DEROGATE BECAUSE: GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0013Date: October 22, 2010 FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 9/23/201010/7/201010/28/2010 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 9/30/201011/21/201010/14/201010/28/201011/11/2010 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 9/30/201010/14/201010/14/201010/22/2010 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 10/7/20107:45 PM1/12/20111/12/2011 MEMBERS PRESENT:VOTE: Andrew Weirvotes toGrant Marilyn Richardsvotes toGrant Stephen Gilsonvotes toGrant Jennifer Dieringervotes toGrant Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Marilyn RichardsJennifer Dieringer6Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, Wayne Feiden, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown 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 Planning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date 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 the City of Northampton. GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.