18D-026 55 Damon Road-ZBA FINDING-2018-September
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2019-0004Date: September 20, 2018
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding7/20/2018
Applicant's Name:Owner's Name:
NAME: NAME:
New England Pat's Franchise Investment PAMERICAN DREAM REALTY
ADDRESS:ADDRESS:
239 Otis Rd.16 HARVARD ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
BLANDFORDMA01008WESTFIELDMA01085
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 246-9676 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
55 DAMON RD
GI(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Grant
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
18D026001
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
1985151
PHONE NO.:FAX NO.:
Finding from the Zoning Board of Appeals.
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Amendment ot original Finding to convert a tenant space from previously approved permit to restaurant.
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Zoning Board of Appeals granted the the Finding for the changes to the non-conforming uses- Amending its previously approved
Finding in the General Industiral zone based upon the plans and information submitted in the application.
The Findings of the Board under Section 9.3 for the change in the previously approved Finding were as follows:
1. The Board found that adding another non-conforming restaurant use to the site would not be substantially more detrimental to the
neighborhood than the previous car dealer use in combination with the other uses approved.
2. The change would not create any new violation of other zoning provisions; and does not involve a sign.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
8/14/20189/8/20189/27/2018
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
9/1/20189/23/20189/13/20189/27/201810/10/2018
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
8/30/20189/13/20189/13/20189/20/2018
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
9/6/20185:30 PM9/27/201810/28/2018
MEMBERS PRESENT:VOTE:
Maureen Scanlonvotes tono action needed
Elizabeth Silvervotes toDeny
David Bloombergvotes toGrant
Sara Northrupvotes toGrant
Bob Riddlevotes tono action needed
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Sara NorthrupElizabeth Silver2-1Approved
GeoTMS® 2018 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2019-0004Date: September 20, 2018
MINUTES OF MEETING:
Available on the City of Northampton website www.northamptonma.gov.
I, Carolyn Misch, as agent to the Zoning Board 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 shown 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 pursuant to MGL Chapt. 40A, Section 17 as
amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date 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 the City of Northampton.
GeoTMS® 2018 Des Lauriers Municipal Solutions, Inc.