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38B-073 227 South Street PB DecisionPlanning - DecisionCity of Northampton Hearing No.:PLN-2011-0021Date: February 15, 2011 APPLICATION TYPE:SUBMISSION DATE: PB Special Permit with Intermediate 1/14/2011 Applicant's Name:Owner's Name: NAME: NAME: CITY OF NORTHAMPTONNORTHAMPTON VETERINARY CLINIC REAL ADDRESS:ADDRESS: Office of Planning & Development227 SOUTH ST 210 MAIN STREET TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060NORTHAMPTONMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 587-1287 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 227 SOUTH ST URB(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 38B073001 Chpt. 350-6.3: Reduction of Dimensional TOWN:STATE:ZIP CODE: and Density Regulations Book:Page: 6227290 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: -REDUCTION IN MIN LOT SIZE HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The Planning Board approved the application for a special permit for lot size reduction for the existing veterinary clinic based on the plans submitted with the application. The reduction is to maintain credit for the 15+- feet of frontage and 1,170 sf of lot area being donated to the city. In granting the permit, the Board found that the following required elements had been met: (1) The requested use/lot protects adjoining premises against seriously detrimental uses. No changes are proposed for the Veterinary Clinic (2) The requested use/lot 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. (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; The land permanently deeded for open space to the City for any potential need. (4) The change will not overload city resources. (5) The requested use meets the special regulations set forth in this chapter 350-6.3-c: 1. Conservation Commission made positive recommendations relative to: [A] The value of the resource area being protected and its consistency with the City's Open Space and Recreation Plan. [B] The adequacy of the protection of said resource area. [C] The adequacy of public accessibility to the resource 2. The land was donated, with no financial or other consideration, to the City or another nonprofit tax-exempt conservation organization and was not transferred as a part of an open space residential or PUD development or as a condition of any other City permit. 3. Prior to said donation, the lot conformed to all relevant zoning requirements or was a preexisting nonconforming lot. 4. That at least 40% of the required lot size and frontage requirement remain as part of the lot exclusive of the donation (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 GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Planning - DecisionCity of Northampton Hearing No.:PLN-2011-0021Date: February 15, 2011 (7) If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely affect those objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D. The plan calls protection of sensitive resource areas. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 1/20/20112/3/20112/24/2011 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 1/27/20113/20/20112/10/20112/24/20113/7/2011 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 1/27/20112/10/20112/10/20112/15/2011 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 2/3/20117:00 PM5/11/20115/11/2011 MEMBERS PRESENT:VOTE: Andrew Weirvotes toGrant Debin Brucevotes toGrant Marilyn Richardsvotes toGrant Stephen Gilsonvotes toGrant Jennifer Dieringervotes toGrant Mark Sullivanvotes toGrant Francis Johnsonvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Mark SullivanFrancis Johnson7Approved MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, 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® 2011 Des Lauriers Municipal Solutions, Inc.