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31B-038 ZBA Permit_Cumberland FarmsZoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0007Date: October 26, 2012 APPLICATION TYPE:SUBMISSION DATE: Special Permit9/25/2012 Applicant's Name:Owner's Name: NAME: NAME: CAROLYN A PARKER CONSULTINGVSH REALTY INC C/O CUMBERLAND FARMS ADDRESS:ADDRESS: 3 LORION AVE100 CROSSING BLVD TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: WORCESTERMA01606FRAMINGHAMMA01702 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (508) 853-1167 EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 138 KING ST HB(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Grant MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 31B038001 Chpt. 350- 7.2: General Sign Regulation TOWN:STATE:ZIP CODE: Book:Page: 1760337 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: REMOVE PRICE SIGN FROM POLE & INSTALL LED PRICE ON CANOPY HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The Zoning Board granted the special permit for the additional canopy signs based upon the plans submitted with the application. This includes removal of the existing price and advertising sign on site. In making its decision, the ZBA found: (1) Signs are located only where they are otherwise permitted in the district; and (2) The Board of Appeals determined that the architecture of the building, the location of the building or the land or nature of the use being made of the building or land is such that additional signs or signs of a larger size would not detract from the character of the neighborhood and should be permitted in the public interest. The applicant indicated that the sign lights would dim at night and that the price sign would be static and not flashing. No other advertising of products would be on the sign. (3) The Board of Appeals specifies in the permit the exact sign permitted, the size and location of the sign or signs, and, if applicable, imposes other restrictions. Any change in said signs requires a new or revised special permit unless the special permit specifies what types of changes are allowed. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 9/25/201210/20/201211/1/2012 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 10/13/201211/29/201210/25/201211/8/201211/15/2012 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 10/11/201210/25/201210/25/201210/26/2012 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 10/18/20126:00 PM1/23/20132/27/2013 MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toGrant Sara Northrupvotes toGrant Bob Riddlevotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Sara NorthrupBob Riddle3Approved GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0007Date: October 26, 2012 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® 2012 Des Lauriers Municipal Solutions, Inc.