24D-161 144 King Street ZBAZoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0011Date: December 12, 2011
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding11/18/2011
Applicant's Name:Owner's Name:
NAME: NAME:
J N PHILLIPS AUTO GLASSDUPREY NICHOLAS D & BETTY LOU
ADDRESS:ADDRESS:
139 DAMON RD164 Northampton St
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060EASTHAMPTONMA01027
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 527-5401 ()
(413) 586-4600
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
144 KING ST
HB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPTON MA 01060
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
24D161001
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
2505280
PHONE NO.:FAX NO.:
Finding from the Zoning Board of Appeals.
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
AUTO GLASS SHOP
HARDSHIP:
CONDITION OF APPROVAL:
1) Planting strip should be bounded on the parking lot side by a bituminous berm (or other comparable)
with a 3” reveal.
2. Planting strip that is 4’ x ~36’ long should contain at least 5 shrubs of 3’ height upon planting
interspersed with perennial tall grasses and or flowering plants.
3. 5’ x20’ strip proposed can contain any mix of grasses, shrubs, plants etc.
FINDINGS:
The Zoning Board of Appeals granted the Finding based on the materials and graphics submitted with the application.
The Board found the following:
1. The proposed project did fall under section 9.3.
2.. Under section 350-9.3 found that the change did not involve a sign (see § 350-7 for signs) and the change does not increase the
nonconforming nature of the property and does not create any new zoning violation (such as further reducing a setback or minimizing
open space).
The Board determined that site improvements come closer to meeting the standards and the Board found that it would be impossible to
meet the standards in section 9.1 in its entirety relative to the 30' planting buffer to the residential neighborhood and a 10' wide landscape
strip at the sidewalk as it would render the site unusable. As required some amount of planting will be installed between the sidewalk and
the parking area as shown on the plans and conditioned herein.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
11/8/201112/3/201112/22/2011
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
11/26/20111/22/201212/8/201112/22/20111/1/2012
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
11/24/201112/8/201112/8/201112/12/2011
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
12/1/20117:40 PM12/22/20112/26/2012
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0011Date: December 12, 2011
Malcolm B.E. Smithvotes toGrant
David Bloombergvotes tono action needed
Bob Riddlevotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Malcolm B.E. SmithBob Riddle3-0Granted w/ Conditions
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® 2011 Des Lauriers Municipal Solutions, Inc.