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11C-056 410 Main St-Leeds zoningDECISION OF NORTHAMPTON ZONING BOARD OF APPEI At a meeting held on June 1, 1988, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the request of Allen W. Sylvester for a Finding under the Provisions of Section 9.3 of the Northampton Zoning Ordinance that the construction of a 12' x 17.5' addition to the kitchen of the Look Restaurant, Inc., 410 Main Street, Leeds, MA will not be substantially more detrimental to the neighborhood than the existing structure. The Findings were as follows: The lot, although nonconforming, has frontage of 322', which can easily accommodate the proposed addition to the kitchen of this busy restaurant. The neighborhood consists primarily of the restaurant itself; it backs up to Look Park, with the Veterans Administration Medical Center across the street, and a gasoline station to the North. The proposed use will not be substantially more detrimental to the neighborhood than the existing use. THE FOLLOWING CONDITION SHALL APPLY; As agreed by the Applicant, the front entrance of the restaurant is to be made handicapped - accessible. Robert C. Buscher, Chairman a - 24-t— zn�_tz_ Dr. Peter Laband M. Sanford Weil, Jr. NVA.." -..i Northampton Zoning Board of Appeals June 1, 1988 Meeting The Northampton Zoning Board of Appeals met at 7:45 p. m. on June 1, 1988 in Council Chambers, Wallace J. Puchalski Municipal Building, to conduct a Public Hearing on the Application of Allen W. Sylvester for a Finding under Section 9.3 relative to his proposal to construct a 12' x 17.5' addition to the kitchen of the Look Restaurant, Inc., 410 Main Street, Leeds, MA, a pre- existing, nonconforming building on a pre- existing nonconforming lot in a Highway Business Zone. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher read the Legal Notice as published twice in the Daily Hampshire Gazette, read Section 9.3 of the Northampton Zoning Ordinance, and read a memorandum from the Northampton Planning Board, which recommended unanimously that a Finding be issued that the proposed addition was not substantially more detrimental to the neighborhood than the existing structure. Mr. Sylvester briefly described the need for an addition to the small kitchen of this busy restaurant. There were no members of the public present to speak in favor or in opposition. Coun. Leonard Budgar, 127 Bridge Street, asked that the restaurant entrance be made handicapped accessible. Mr. Sylvester replied that "he could take care of that." Dr. Laband moved that the Public Hearing be closed. He stated he would approve the Finding with the condition of handicapped access being provided. Mr. Weil concurred. Ch. Buscher also concurred, stating "the restaurant really has no neighbors- -the neighborhood will not be impacted." Dr. Laband moved that a favorable Finding be issued, Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman �`�` `..- Northampton Planning Board May 26, 1988 Page Three previously testified that there is sufficient parking to satisfy the requirements of the Zoning Ordinance without using the URB Zone, Mr. Murphy stated "It would be nice to have the extra parking." With the "hardship issue" thus dealt with, J. Hale moved the Variance be granted, J. Beauregard seconded, and the Motion passed}],ry :00 P. m., the request of ALLEN W. SYLVESTER was heard. He sought a Finding under the Provisions of Section 9.3 that a proposed 12 x 17.5' addition to the kitchen of The Look Restaurant, a pre- existing, nonconforming building on a pre- existing, nonconforming lot, would not be substantially more detrimental to the neighborhood than the existing structure. The Board members looked at the site plan, and upon A. Crystal's motion to recommend a favorable Finding, seconded by J. Hale, quickly voted their unanimous support. request ..urx•w: - At 8. O 1 p m of DAVID ., the ROSENBERG r. was heard. He sought a Special Permit under the Provisions of Section 5.2 and a Finding under the Provisions of Section 9.3 a and e, all relative to converting "existing property use from multi - family to mixed use at property located at 54 Old South Street. The property in question has two buildings on it; the larger building in front is currently four apartments and would remain so. The smaller building to the rear has been unused and unoccupied since 1983. It is proposed to be renovated for use as office space, making the entire property "mixed use under Section 5.2 (13)(a)." Mr. Smith took exception to the characterization of the property as "mixed use," and pointed out that mixed use involves residential and commercial uses in the same building His opinion was that the Applicant wanted to turn an accessory structure into a principal structure, which would have insufficient setbacks, that a Variance, not a Special Permit, was required. He felt the request for a Finding was incorrect since the pre - existing, nonconformity had been lost due to the "boarding up" of the accessory structure some five years ago. He stated that the Assistant City Solicitor agreed with this position. Atty. Kenneth Neiman, who accompanied Mr. Rosenberg, spoke. He felt that the property has been mixed use under the Provisions of Section 5.3. Mr. Smith characterized that position as "an interpretation of convenience." Mr. Neiman stated he would be willing to postpone a decision until he has a chance to talk to Asst. City Solicitor Fallon. Ch. Duseau said she was afraid the Application was inappropriate. Mr. Rosenberg said that Mr. Tewhill in the Building Inspector's Office had told him that "all he needed was a Special Permit." Mr. Smith stated that Mr. Tewhill denied yesterday that he said that. Mr. Neiman said he would see Miss Fallon before the ZBA Public Hearing on June 1. A. Crystal moved that the Secretary send a memo to the ZBA `W4W CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Northampton Zoning Board of Appeals FROM: Northampton Planning Board SUBJECT: Allen W. Sylvester- Request for a Finding to build a 12' x 17' addition to the kitchen of the Look Restaurant DATE: May 27, 1988 FILE: This request was reviewed by the Planning Board at its May 26 meeting. Mr. Sylvester stated that he wanted to expand the kitchen of the Look Restaurant, which is a nonconforming structure on a nonconforming lot. In a discussion that lasted less than a minute, the Board voted unanimously to recommend a Finding that the proposed addition was not substantially more detrimental to the neighborhood than the existing structure. CITY OF' NORTHAMPTO* ZONING PERMIT APPLICATION Zoning Ordinance Section 10.2 Ret�i" ed�: 988 No./ / L I Lot Plan File Owner Address J_ Address Telephone 2 C Telephone / L ✓ This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning District Use Lot Area Front Width Depth p Setbacks Max. Bld. Cover Min. Op. Front Side Rear Past Existing /�$ /67`f0 a ? r 4 .j d4 (!o Q(C. /J , 1 - 0, //i % C Space 00 % Present Proposed t<l 0 7 z,7 i i O p O Mark the appropriate box to indicate the use of the parcel: V Non - Conforming Lot and /or Structure. Specify n �°� ���. �� /- , N7 r "y 6 - v ZLucTuR Of ❑ Residential KBusiness ❑ Individual ❑ Institutional ❑ Subdivision ❑Single Family Unit ❑ Multi - Family ❑ Duplex ❑ Other ❑ Regular ❑ Cluster ❑ P.U.D. ❑ Other ❑ Subdivision with "Approval- Not - Required"- Stamp: ❑ Planning Board Approval: ❑ Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z. Sect. XIV) ❑ Yes ❑ No Parking Space Requirements: (Z.O. Sect. 8.1) , Required Proposed Loading Space Requirements: (Z.O. Sect. 8.2) Required Proposed Signs: (Z.O. Art. VII) ❑ Yes ❑ No Environmental Per Standards: (Z.O. Art. XI 1) ❑ Ye ❑ No Plot Plan p-ytrs ❑ No Site Plan Imes ❑ No (S.10.2) (S. 10.2 and 10.11 Waiver Granted: Date __❑ This section for OFFICIAL use only: ❑ Approval as presented: p Modifications necessary for approval: ❑ Return: (More information needed) e ial : Reasons: Signature of A�ican�j ate Signature o Admin. � fficer x^ y Do N Application N,.,,per: Ch Filed Fee Pd. Rec'd. ZBA Map(s) Parcel (s) By _ Date Amt. Date By Date rm\r � 4 NY w AO � ADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: OA ti 1. am pplicant Address yIC /�i� 7����� 7° r° IBS / S S 2. Owner of Address 3. Applicant is: kr6wner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: ❑ VARIANCE from the provisions of Section page of the Zoning Ordinance of the y a' City of 14prthampton• ❑SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. q _ PIOTHER: e / _ 5. Location of Property G M ?14 4t n ��' being situated on the go 4 7" H side of 7 ' e AJ Z�C Street; and shown on the Assessors' Maps, Sheet No. , Parcel (s) - 6. Zone Ct�A ?,ea q& 7. - Descr ption -- proposed work and /or', use; le/7 ...E A (.uITH A o ) N. 7 410 r t'S G I<- D A Tz I A 8. (a),_ Sketch. plan attached; MYes _Q No. (b)_ plan, QAttched ❑.NotBequired--- .,.- -. _...._ 9. - Set - forth reasons upon which application is based: S7 rLc t c,T u R � is P" � �0 7 NO a F1,C:o2iu /t IV As A07 S/ZF Lt IV D Ao t a�pl 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to the best of my knowledge. Date L� A pplicant's Signature e- „. ..4 Ey 'sat r R 19 ,. DEPT. _ mY v ' 4 '{ C � 1 � n C vl L a � J it �. V I 1• 1 � Ob 4 c� �l r R 19 ,. DEPT. _ mY v ' 4 '{ C � 1 � n C vl L a � J it �.