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18D-026 55 Damon Road-ZBA Sign Special Permit-2013Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0014Date: April 3, 2013 APPLICATION TYPE:SUBMISSION DATE: Special Permit3/1/2013 Applicant's Name:Owner's Name: NAME: NAME: CALLAHAN SIGN COMPANYTHOMAS ROBERT S ADDRESS:ADDRESS: P O Box 52655 DAMON RD 117 Union Street TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: PITTSFIELDMA01201NORTHAMPTONMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 443-5931(413) 448-2251 EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 55 DAMON RD GI(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPTON MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 18D026001 Chpt. 350- 7.2: General Sign Regulation TOWN:STATE:ZIP CODE: Book:Page: 1985151 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Install 30' tall ground sign and more than one wall sign for auto dealership. HARDSHIP: CONDITION OF APPROVAL: 1)All sign lighting shall be on timers such that lights go on no earlier than 8 AM and turn off no later than 9 PM. FINDINGS: The Board denied the request for the 30' ground sign but granted approval of the additional wall signs based upon the information submitted with the application. The Board could not find that a sign taller than 15' could meet the criteria within 7.2 and noted that the issue had been evaluated at another site within the last two weeks and the Board could not find in that situation either. The Board did find that additional wall signs indicating all the brands being sold at the site met the criteria in the zoning: 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 Board could not make a determination that the building or land or nature of the use being made of the building or land would warrant a taller sign than 15'. (3) The Board of Appeals specifies in the permit the exact sign permitted as submitted in the application: In addition to the Northampton" sign permitted by right, 1) Dodge Sign at 8.3 sq. feet; 2) Jeep sign at 14.28 sq. ft; 3) Ram with logo at 11.13 sq. ft; 4) Chrysler at 11.46 sq. feet; 5) 10.28 Mopar service sign. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 2/26/20133/23/20134/4/2013 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 3/16/20135/5/20133/28/20134/11/20134/23/2013 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 3/14/20133/28/20133/28/20134/3/2013 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 3/21/20135:30 PM6/26/20137/31/2013 MEMBERS PRESENT:VOTE: GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0014Date: April 3, 2013 Elizabeth Silvervotes toGrant Malcolm B.E. Smithvotes toGrant David Bloombergvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Malcolm B.E. SmithElizabeth Silver3Granted 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® 2013 Des Lauriers Municipal Solutions, Inc.