24A-217 ZoningPLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Hall .210 Main Street, Room ii • Northampton, MA o i o60 -3 i 98 • (4 • E=587-i264
Warne Feiden, Director • planning @nortyamptonplanning.org www.nortbamptonplanning.org
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT:
APPLICANT'S ADDRESS:
OWNER:
OWNER'S ADDRESS:
Syed Iqbal
15 Locust Street
Northampton, MA 01060
Syed Iqbal
15 Locust Street
Northampton, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 15 Locust Street
ASSESSOR'S MAP and PARCEL NUMBERS: MAP 24A, PARCEL 217
PROPERTY RECORDED IN THE HAMPSHIRE COUNTY REGISTRY OF DEEDS IN
BOOK 5586, PAGE 16.
At a meeting conducted on January 23, 2003, the Northampton Zoning Board of Appeals voted
unanimously 3:0 to GRANT the request of Syed Iqbal, for a FINDING under the provisions of
Section 9.3 in the Northampton Zoning Ordinance to construct a 25' by 15' addition for an
office and restrooms at 15 Locust Street, Northampton, MA, in accordance with the plans and
information submitted with the application, as amended by any conditions attached to this
permit:
1. "DB Companies, Site Plan" Sheet S -1, prepared by Decker & Company, dated May
17, 2002.
2. "DB Companies, Floor Plan" Sheet A -1, prepared by Decker & Company, dated May
17, 2002.
Zoning Board Members present and voting were: Chair Bob Riddle, David Narkewicz and Sara
Northrup.
The Findings of the. Board under Section 9.3 for a change to a conforming use on a pre - existing
non - conforming lot were as follows:
1. The Board finds that such change, to construct a 25' by 15' addition for an office and
restrooms, will not be substantially more detrimental to the neighborhood than the
existing conforming use when said change, extension or alteration is to a different
conforming use, which requires the same or less minim lot area, minimum lot width
planning board • conservation commission • zoning board o of appeals • yousing partnersyip - redevelopment autboritN • nortyampton GIS
economic development • community development • yistoricdistrictcommission • yistoricaI commission -central businessarcyitecture
original printed on recr�ciedpaper
and frontage, minimum lot depth, setbacks and parking than is required for the present
use (and lot does not fully conform to the present zoning requirements for the proposed
use).
The following conditions were imposed with this Finding:
1. No additional lighting shall be added at the rear of the existing building.
2. The florescent light located at the east end of the existing building shall be shielded to
prevent light from leaving the lot.
3. The existing building, and the proposed addition, shall comply with all requirements of
the Fire Department.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I, Angela Dion, Board Secretary, hereby
certify that I caused copies of this decision to be mailed, postage - prepaid, to the applicant
and owner on January 31, 2003.
1
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 the certified decision from 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 MGL Chapter 40A
Section 17, with the Hampshire County Superior Court or 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: Syed Iqbal —15 Locust Street
This Decision is Dated: January 23, 2003
This Decision was Filed with the City Clerk on:
January 31, 2003
-- ZONING BOARD OF'APPIl, FINDING APPLICATION FOR THE
r (Change of a Pre - Existing Non - Conforming Use or St
2
Applicant's Name: Syed Iqbal
Address: 15 Locust Street
Property Owner's Name:
Address:
Same
Telephone:
43
NORTHAMPTON (��
G Lam- U V E
1 -VAN 2
milli
Telephone: I NneTY CLERKS OFFICE
3. Status of Applicant: Owner X Contract Purchaser Lessee
4. Parcel Identification: Zoning Map # 24A Parcel # 217
Street Address: 15 Locust Street, Northampton
Other (explain)
Zoning Di str i ct(s) Neighborhood Busin
Property Recorded at the Registry of Deeds: County: Hampshire Book: Page: 16
5. Finding is being requested under Zoning Ordinance: Section 9 . 3 - `°' Page -
6. Narrative Description of Proposed Work/Project: (use additional sheets if necessary)
A 457 sq ft addition 13 ft high extending the present structure parallel
with North Elm Street for public rest rooms and office.
7. State How Work/Proposal Complies with the following Finding Criteria: (see also Section 9.2 ; for Signs
Section 7.0). If the change, extension or alteration conforms to zoning in all respects, no Finding is required.
*Explain why the existing building, lot or use is legally pre- existing non - conforming. (Buildings, lots or uses that
are in existence at the time new zoning is enacted are protected under grandfathering provisions)
The building has been used as a gas station convenience stor s ince prior
to enactment of zoning in Northampton.
*Does the change, extension or alteration create a new violation of the zoning, which would require a variance?
Yes No If Yes, explain how:
The addition extends the exisiting building parallel to North Elm Street
but no closer to North Elm Street than the corner of the present building
*Explain how the change, extension or alteration shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood: The extension is prim arily for public.
convenience. A.finding is required only because pen space in the or fiance does
t included Daved areas. The lot area is 12,466 s.f. Present building s 1,734 s.
(13ft 4" high) The addition 457 sf (13 ft high) would total 2, s or
_17.6% of the area.
8. Attached Plans: Sketch Plan Site Plan None Required
9. Certification: I hereby certify that the information contained herein is true and accurate to the best of my
knowledge. I (or the landowner, if I am not the landowner) grant the Z d and Planning Board
permission to enter the property to review this permit applicatiP
y
Date: �-
Applicant's Signature:
Date: f Owner's Signature:
(fl re or letter from owner authorizing
applicant to sign.)
File # BP- 2003 -0366 �
APPLICANT /CONTACT PERSON RICHARD DENNO
ADDRESS/PHONE 551 FLORENCE RD (413) 584 -0852
PROPERTY LOCATION 15 LOCUST ST - DAIRY MART
MAP 24A PARCEL 217 001 ZONE NB
► ,
41
i
' 1
R L " JAN 2 2003
THIS SECTION FOR OFFICIAL USE ONLY-
NORT AM TON MA 01060 _J
PERMIT APPLICATION CHECKLIST
ZONING FORM FILLED OUT ENCLOSED REQUIRED DATE
Fee Paid
Tvaeof Construction: CONSTRUCT 25'X 15' ADDITION & RENOVATION
New Construction
Non Structural interior renovations
Addition to Existin
Accessory Structure
Building Plans Included:
3 sets of P lans / Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFORMATION PUSENTED:
Approved dditional permits required (see below)
PLANNING BOARD PERMIT REQUIRED UNDER:§
Intermediate Project: Site Plan AND /OR Special Permit With Site Plan
Major Project: Site Plan AND /OR Special Permit With Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: § S 3 A . do f l S6rl
Finding I'l Special Permit Variance*
Received & Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission
t fro Elm Str
Permit from CB Architecture Committee
Date
Signature of Building Official
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health, Conservation Commission, Department
of public works and other applicable permit granting authorities.
* Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of
Planning & Development for more information.
u ersionl.7 Commercial Building Permit May ,/2000
Cit of Northampton
C ing Department
�� t5 2 Main Street
Room 100
gO N pton, MAO 1060
po e 135 1240 Fax 413 - 587 -1272
, CHANGE A�PLIC7 PbjRa f ATR� `T ' OTHER TTHAN ON OR TWO FAMILY DWELLING OCCUPANC OF, OR DEMOLISH ANY BUILDING
SECTION 1 - SITE INFORMATION
1.1 Property Address
SECTION.2 - PROPERTY OWNERSHIP /AUTHORIZED AGENT
2.1 Owner of Record
Stele I/
Name (Pri61
x
2.2 Authorized Agent:
Name (Print)
Signatur
SECTION
=3 - FSTIMATFn r_ONSTDIICTION r nf,T¢
als section,
/.' .Zo e, his S7?
Current Mailing Address:
Telephone
fa/ ox'Z.
Current Mailing Address:
Telephone
Item Estimated Cost (Dollars) to be Official Use Only
completed by ermit applicant
1. Building , 019 (a) Building Permit Fee
2. Electrical i (b) Estimated Total Cost of
Construction from 6
3. Plumbing /� 0 0 Building Permit Fee
4. Mechanical (HVAC) 2
5. Fire Protection
6. Total =(1 +2+3+4+5) 7S Q Check Number
This Section For Official Use Onl
Building Permit Number: Date Issued:
Signature: -
Building Commissioner/ Inspector of Buildings Date
Version 1.7 Commercial Building Permit May. 2000
7. Water Supply (M.G.L. c. 40, § 54) 7.1 Flood Zone Information:
Public ❑ _ Private ❑ 1 Zone Outside Flood Zone ❑
8. NORTHAMPTON ZONING
7.3 Sewage Disposal System:
Municipal ❑ On site disposal system ❑
A. Has a Special Permit /Variance /Finding ever been issued for/ �
NO DON'T KNOW YES
IF YES, date issued: 1
� JAN 2 2003 s
IF YES: Was the permit recorded at the Registry of Deeds?
CITY CLERKS OFFICE
NO DON'T KNOW YES NORTHAMPTON MA 01060
IF YES: enter Book Page and /or Document #
B. Does the site contain a brook, body of water or wetlands? NO �
YES DON'T KNOW
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained , Date Issued:
C. Do any signs exist on the property? YES NO
IF YES, describe size, type and location:
D. Are there any proposed changes to or additions of signs intended for the property ?YES —
No
IF YES, describe size, type and location:
Existing
Proposed
Required by Zoning
This column to be filled in by
Building Department
Lot Size
ary
Fronta e
L Z
Q
Setbacks Front
Side
Rear
S'—O
L: /,$' R: l
18
S'
L: / R: 1 e
6
C7
�[7
CP
Building Height
Bldg. Square Footage
Open Space Footage
(Lot area minus bldg & paved
p arking)
3
# of Parking Sp aces
Fill:
volume & Location
A. Has a Special Permit /Variance /Finding ever been issued for/ �
NO DON'T KNOW YES
IF YES, date issued: 1
� JAN 2 2003 s
IF YES: Was the permit recorded at the Registry of Deeds?
CITY CLERKS OFFICE
NO DON'T KNOW YES NORTHAMPTON MA 01060
IF YES: enter Book Page and /or Document #
B. Does the site contain a brook, body of water or wetlands? NO �
YES DON'T KNOW
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained , Date Issued:
C. Do any signs exist on the property? YES NO
IF YES, describe size, type and location:
D. Are there any proposed changes to or additions of signs intended for the property ?YES —
No
IF YES, describe size, type and location: