16D-022 141 North Main St-Finding- commercial in URB ZBAZoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2014-0005Date: October 11, 2013
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding9/18/2013
Applicant's Name:Owner's Name:
NAME: NAME:
KIRKPATRICK REALTY LLCKIRKPATRICK REALTY LLC
ADDRESS:ADDRESS:
c/o Robinson Propertiesc/o Robinson Properties
23 Oneill St23 Oneill St
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
EASTHAMPTONMA01027EASTHAMPTONMA01027
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
141 NORTH MAIN ST
URB(292)/
TOWN:ADDRESS:
ACTION TAKEN:
FLOREN CE MA 01062
Grant
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
16D022001
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
3049047
PHONE NO.:FAX NO.:
Finding from the Zoning Board of Appeals.
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
BICYCLE SHOP SALES & SERVICE
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Zoning Board of Appeals granted the Finding for the change in use from a non-conforming real estate office to a non-conforming
bicycle repair/sales space within the URB district 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 the site abutting the bike path was an appropriate use and would enable the building to be put to new use.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
9/10/201310/5/201310/24/2013
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
9/28/201311/22/201310/10/201310/24/201310/31/2013
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
9/26/201310/10/201310/10/201310/11/2013
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
10/3/20135:30 PM10/24/201312/27/2013
MEMBERS PRESENT:VOTE:
Malcolm B.E. Smithvotes toGrant
Sara Northrupvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Malcolm B.E. SmithSara Northrup2Approved
MINUTES OF MEETING:
Available in the Office of Planning & Development.
GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2014-0005Date: October 11, 2013
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.
Permit Application
Today's Date: 09/17/2013
Owner
Thomas Kirkpatrick C/O Robinson Properties
Robinson Properties
23 Oneill St.
Easthampton, Massachusetts 01027
Applicant
Thomas Kirkpatrick C/O Robinson Properties
Robinson Properties
23 Oneill St.
Easthampton, Massachusetts 01027
413 - 219 -2106
steve @robinsonproperti es. info
City of Northampton department: No
Work Location Information
How many lots involved in the project: 1
Map / Block / Lots of all lots in project: 16D 1022 1016
Deed Book of all lots in project: 03049/47
Project work address: 141 NORTH MAIN ST
City / State / Zip: Florence 01062
Zoning District: URB
Application for following Permit Types
❑ Planning Bd. Special Permit w/ Site Plan
❑ Planning Bd. Special Permit w/
MAJOR Site Plan NO Special Permit
❑ Administrative Site Plan Review
❑ Planning Bd. Major Site Plan Approval (No
Special Permit), including 40R projects
❑ Planning Bd. Special Permit w/ Site Plan for flag
lots
❑ Planning Bd. Site Plan (NO Special Permit)
❑ Approval Not Required Plans
❑ Subdivision Preliminary
❑ Subdivision Definitive with no Preliminary
Approved
❑ Zoning Board Special Permit
❑ Appeal of Building Commissioner- Zoning
❑ Variance
❑ Historic District Determination of
Non - Applicability
❑ Historic District (Elm St) Determination of
Appropriateness
❑ West Street Architecture
❑ Subdivision Definitive with Preliminary Approved
❑ Subdivision Definitive Amendment
❑X Zoning Board Finding
❑ Comprehensive Permit (40B)
❑ Demolition (Demolition
Delav)
❑ Central Business Architecture
❑ Wetlands Notice of Intent IF ONLY local
wetlands
210 Main St., Rm. 11, City Hall, Northampton, MA 01060
(413) 587 -1262
❑ Wetlands Request for Determination OR
Resource Delineation
❑ Wetlands Certificate of Compliance
reauest
❑ Wetlands Amendment or
extension
210 Main St., Rm. 11, City Hall, Northampton, MA 01060
(413) 587 -1262
❑ Wetlands Notice of Intent IF state wetlands
Total Fee Amount: $200.00
Existing Use
Retail /Service Business
Planned Use
- Continue to run a full service bike shop, as we are doing now at 44 Maple street in Florence. We will
fix and repair all makes and models of bikes, as well as sell many makes and models of bikes. Being
located on Rt 9. as well as abutting the bike path out back, we plan on adding bike rentals to our
services. This will mean that 6 -10 bikes will be elegantly lined up along side /in front of the building
each day. A decorative /artistic bike rack will be holding the bikes.
Detailed Project Information
Site Plan Description: This building has always been used commercially.
1970- 1980's - Alexander's Market
1990's - Fish Market
2000's - Real Estate Connection
2010 - current - Martial Arts studio /supplement sales /fitness
Neighbors all seem pleased because we are cleaning up the property. The building has been an eyesore
for years and we are waiting to get zoning approval to remodel the inside, as well as fix up the outside.
The business to occupy the building is an existing Florence business that sells and repairs bicycles. This
property borders on the bike path and is on route 9 so it will be ideal for driving customers or biking
customers.
Files Uploaded:
By typing my name in the signature box, I certify that all the information above is accurate to the best of my
knowledge, I am the property owner or have permission from the property owner to apply for this permit. I also
grant permission to the City of Northampton to inspect the proposed work
Signature: Stephen C Robinson Date Signed: 09/17/2013
210 Main St., Rm. 11, City Hall, Northampton, MA 01060
(413) 587 -1262
Fee Information
Zoning Board Finding - $200 $200
MEMORANDUM
TO: David Bloomberg, Chair, Zoning Board of Appeals
FR: James R. Laurila, F.E., City Engineer
FR: David K. Veleta, P.E., Senior Civil Engine r /
DA: September 23, 2013
RE: File: 141 North Main Street — Bicycle Shop — Finding
Map ID: 16D -022
CC: file
The Department of Public Works has reviewed the above referenced application for the following items:
Traffic:
x Volume & Impact on City Street
• Roadway Capacity
• Adequacy of City Road Construction
• Site Distances
• Parking
• Driveway Openings
Utilities:
• Drainage Into City Stormwater System
• Capacity of Stormwater Line
• Sanitary Sewer
• Water
• Other:
The Department of Public Works has the following comments:
x No Concerns, project will not have an impact on any items reviewed
Traffic Study is required
Roadway does not have adequate capacity to handle the additional traffic
Roadway is not adequately constructed to handle proposed increase in traffic
Site Distances are not adequate for proposed project
Parking spaces do not meet minimum requirements
Parking spaces are too close to driveway opening
Driveway openings are not adequate for proposed use
City stormwater system is not adequate to handle increase in drainage
Stormwater system does not meet minimum requirements for reduction of Total
Suspended Solids (TSS)
Sanitary Sewer line is not adequately sized for proposed use
Sewer line connection is not properly shown
Water line is not adequately sized for proposed use
Water line connection is not properly shown
Other Comments:
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