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22B-008 (21) PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON Cita Half• z1 o Main Street,Room ii •Northampton,MA of o60-3198 •1413)587-1266 • Fax:587-Iz64 i p WayneFeiden�Director•email:planning@city.northampton.ma.us•internet:wwwnorthamptonplanning org DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: Kristopher and Jeremy Pease ADDRESS: -130 Spring Street �( Florence, MA 01062 D OWNER: Thomas R. Pease JAN 16 ADDRESS: 130 Spring Street Florence,MA 01062 DENORTt�AM��N,,MAP01060 NS RE LAND OR BUILDINGS IN NORTHAMPTON AT: 130 Sp ee A MAP AND PARCEL NUMBERS: MAP 22B PARCEL 8 j At a meeting conducted on December 14, 2000,the Northampton Zoning Board of Appeals unanimously voted 3:0 to grant the request of Kristopher and Jeremy Pease for an amended SPECIAL PERMIT to replace the Special Permit originally issued June 6, 1984 under the provisions of Sections 5.3 and 10.10 of-the Zoning Ordinance to allow the sale of used cars as an accessory use to the existing car repair and refinishing business for property located at 130 Spring Street Zoning Board Members present and voting were: Chair Mark NeJame and Associate Members David Narkewicz and Sara Northrup. In Granting the Special Permit,the Zoning Board of Appeals found: A. The requested use (the sale of used cars as an accessory use)protects adjoining premises against seriously detrimental uses because it will not significantly change the nature or intensity of the existing car repair and refinishing business. According to the terms of the permit, no more than three used cars may be stored on-site at any one time. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets because it will not change existing traffic patterns or volumes. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area because it will not change the existing relationship. 1 planning board•conservation commission -zoning board of appeals•housingpartnership•redevelopment authority •northamptonGIS economic development•communitydevelopment•historic district commission•historical commission•central business architecture original printed on recycled paper D. The requested use will not have an adverse impact on City resources. E. The requested use meets all special regulations set forth in the Zoning Ordinance (none). F. The requested use bears a positive relationship to the public convenience or welfare 'because it will allow the resale of used vehicles. Tlsea4llunduly impair the integrity of character of the district or adjoining zones because it is in keeping-with other signs in the immediate vicinity. 1 � --- The..use will not be detrimental to the health, morals, or general welfare, and the use shall be in harmony with the general purpose and intent of the Ordinance. G. The requested use promotes City planning objectives to the extent possible and does not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81-C and D. The following conditions were imposed upon this Special Permit: 1. No more than three used cars shall be kept on the premises. 2. No banners or signs shall be erected. 3. The Special Permit shall be limited to the applicants. CERTIFICATE OF SERVICE Pursuant to M.G.L. Chapter 40A, Section 11,I,Laura Krutzler,Board Secretary, hereby certify that I caused copies of this decision to be mailed,postage-prepaid, to the applicant and owner on January 12, 2001. L 2 Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Special Permit, 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 Special Permit 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 Laws, Chapter 40A, Section 15,notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17,with the Hampshire County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date that this decision was filed with the City Clerk. Applicant: Kristopher and Jeremy Pease- 130 Spring Street DECISION DATE: December 11, 2000 DECISION FILED WITH THE CITY CLERK: January 12, 2001 c