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City of Northampton, Massachusetts of 1 i 4OgS TO,y
Office of Planning and Development 11
Lid OCT I I ^' I
City Hall • 210 Main Street I A
Northampton, MA 01060 • (413)586-6950 J r.-i� � tt '
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FAX (413) 586-3726 - c It GcCT10NS : 74,0� *
V,01060 .
•Community and Economic Development -- -- �M
•Conservation •Historic Preservation ��-•-�`"
•Planning Board.Zoning Board of Appeals 4t
•Northampton Parking Commission
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: ALFRED MARTINBEAULT
ADDRESS: 53 SHERMAN AVENUE, NORTHAMPTON
OWNER: ALFRED MARTINBEAULT
ADDRESS: 53 SHERMAN AVENUE, NORTHAMPTON
RE LAND OR BUILDINGS IN NORTHAMPTON AT:SIONWara
ASSESSOR'S MAP and PARCEL NUMBERS: railliallaarate
At a meeting conducted on September 28, 1994, th Northampton
Zoning Board of Appeals unanimously • tohe
request of Alfred Martinbeault for n rovisions
0
Zoning Board Members present and voting were: Chairman Peter
Laband, Members M. Sanford Weil, Jr. , and Member Elaine Reall.
The Findings of the Board under Section 9.3(a) (1) for a change in
use of a Pre-existing non-conforming structure were as follows:
1. The Board found that the change will not be substantially
more detrimental to the neighborhood than the existing non-
conforming structure because the building will be smaller
than what was previously on the site, and because the new
use as medical offices will be less intensive and generate
less traffic than a nursing home.
2. The Board found that the change will not create a new
violation of the existing zoning requirements because the
impact on the neighborhood will actually be lessened due to
the smaller size of the building.
ORIGINAL PRINTED ON RECYCLED PAPER
Conditions imposed with this Finding are as follows:
1. The easement and the traffic flow in and out of the
property, as shown on the plan entitled Proposed Medical
Offices, Franklin Street, Northampton dated 8/19/94, shall
become part of the permit. A copy of the easement shall be
submitted and included in the file.
2. The plan entitled, Proposed Medical Offices, Franklin
Street, Northampton dated 8/19/94, submitted to the Zoning
Board of Appeals shall be revised to show the removal of the
back porches and use of that space for an elevator and shall
become part of this approval.
Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section
11, no Finding or any extension, modification or renewal thereof,
shall take effect until a copy of the decision bearing the
certification of the City Clerk that twenty days have elapsed
after the decision has been filed, or if such an appeal has been
filed that it has been dismissed or denied, is recorded in the
Hampshire County Registry of Deeds or Land Court, as applicable,
and indexed under the name of the owner of record or is recorded
and noted on the owner's certificate of title. The fee for such
recording or registering shall be paid by the owner or applicant.
It is the owner or applicant's responsibility to pick up a the
certified decision of the City Clerk and record it at the
Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a
Finding has been GRANTED and that copies of this decision and all
plans referred to in it have been filed with the Planning Board
and the City Clerk.
Pursuant to Massachusetts General Law Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If you wish to appeal this action, your appeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17, in the Hampshire
County Superior Court or the Northampton District Court and
notice of this appeal filed with the City Clerk within twenty
(20) days of the date this decision was filed with the City
Clerk.
Applicant: ALFRED MARTINBEADLT - 5 FRANKLIN STREET
Decision Date: September 28, 1994
Decision Filed with the City Clerk on: October 11, 1994
Dr. Peter Laband, Chairman
-- M. Sanf'or ei
l, Jr.
ir
Elaine Reall
- 3 -
ZBA Meeting Minutes of 9/28/94
Chairman Laband opened the Continuation of a Public Hearing on the
request of Alfred Martinbeault for a Finding §9.3, page 9-1 of the
Zoning Ordinance for a change in use for a pre-existing, non-
conforming structure from a nursing home to medical offices at 5
Franklin Street. Chair Laband noted that relief should be granted
under §9. 3 of the Zoning Ordinance which deals with pre-existing,
non-conforming structures being changed, extended or altered.
Laband reviewed procedures for holding public hearings and read a
copy of the legal notice which was published in the Daily Hampshire
Gazette on September 14th and September 21st. Present and sitting
on the case were: Chairman Peter Laband, Member M. Sanford Weil,
Jr. , and Associate Member Elaine Reall.
Correspondence
A memo dated 9/28/94 from the Northampton Planning Board noted that
the Planning Board had reviewed the application at its September 8,
1994 meeting and had voted unanimously 7:0 not to send a
recommendation to the ZBA because the Board did not feel prepared
to act without conducting a more comprehensive review of the site
plan and because the applicant was not present to answer the
Board's questions.
Mr. Martinbeault was present to discuss the application. He said
he wanted to change the use from a nursing home to medical offices.
He said he needed twenty-six (26) parking spaces for the intended
use and thus needed to remove part of the existing building to have
space for the additional parking required under the Zoning
Ordinance for the intended use. Martinbeault reviewed the site
plan and explained the entrance and exit access for cars. He has
a right-of-way which exits onto Elm Street and has at least three
parking spaces on the adjacent property belonging to Mr. Borawski.
The applicant is providing a total of 26 parking spaces on the
site. Dr. Laband asked the applicant if he could supply a written
copy of the legal agreement for the right-of-way and the use of the
three additional parking spaces for the file.
A discussion ensued about the screened porches, which the applicant
intends to remove in order to install elevators. Dr. Laband said
he would like to set a condition upon any approval that the site
plan shows that porches will be removed and that elevators will be
installed in the empty space. If the porches are removed, two less
parking spaces will be required.
No one spoke in favor of the proposal.
Louise Jeffway of 225 Elm Street questioned how many doctor's
offices would be located in the building. The applicant said that
there was room for three large offices or six small offices.
Elaine Reall moved to close the Public Hearing. M. Sanford Weil,
Jr. seconded the motion which passed unanimously 3:0.
- 9-
M. Sanford Weil reviewed Section 9.3 (1) , page 9-1 of the Zoning
Ordinance which deals with changes to pre-existing, nonconforming
structures. Weil said that since the size of the structure will be
diminished, the non-conformity will not be exacerbated. He also
noted that the change in use would not be substantially more
detrimental to the neighborhood than the previous use. Elaine
Reall agreed with Mr. Weil, and said she would vote in favor.
Dr. Laband also agreed with his colleagues, and noted that, because
the building will be smaller than what was currently on site, the
impact ' on the neighborhood will actually be lessened. Laband
further noted that three large offices (or six small offices) will
be a lesser impact on the neighborhood than a nursing home, and he
too was prepared to vote in favor of the Finding with the following
two conditions:
1. The easement and the traffic flow in and out of the property,
as shown on the plan, shall become part of the permit and a
copy of the easement shall be submitted to be included in the
file.
2. The plans submitted to the ZBA shall be revised to show the
removal of the back porches and use of that space for an
elevator.
M. Sanford Weil moved to approve the request for Finding with the
two conditions mentioned above. Elaine Reall seconded the motion
which passed unanimously 3:0.