25A-182 94 Industrial Drive- ZBA Finding 12-12-2011Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0007Date: December 12, 2011
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding10/3/2011
Applicant's Name:Owner's Name:
NAME: NAME:
94 Industrial Drive, LLC c/o Robert T. Foote,94 Industrial Drive, LLC c/o Robert T. Foote, J
ADDRESS:ADDRESS:
P.O. Box 177-94 Industrial DriveP.O. Box 177-94 Industrial Drive
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPT0NMA01060NORTHAMPT0NMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
94 INDUSTRIAL DR
GI(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPTON MA 01060
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
25A182001
Chpt. 350- 9.3: Pre-existing Nonconforming
TOWN:STATE:ZIP CODE:
Structures or Uses May be Changed,
Book:Page:
Extended or Altered.
2034007
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
2 ADDITIONAL STORAGE BLDGS ( 15 X 200 & 65 X 115)
HARDSHIP:
CONDITION OF APPROVAL:
1)All stormwater requirements shall be met in accordance with Dept of Public Works Standards.
2. Permit Valid upon final approval of all permits including permit from Planning Board.
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 use were based on the plans and information 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).
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:
11/26/201112/7/201112/8/201112/22/20111/1/2012
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:
12/1/20117:45 PM12/22/20111/11/2012
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
Malcolm B.E. Smithvotes toGrant
David Bloombergvotes tono action needed
Bob Riddlevotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Malcolm B.E. SmithElizabeth Silver3-0Granted w/ Conditions
GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0007Date: December 12, 2011
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.