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32A-155 (15) E71111 il II 2 71990 ..� DECISION OF DEPT OF BUILDING iNSPECflON$ NORTHAMPTON ZONING BOARD OF APPEALS DE 01060 At a meeting of the Zoning Board of Appeals of the City of Northampton held on June 20, 1990, it was voted unanimously to GRANT the request of Tom Masters for a Finding under the Provisions of Section 9. 3 (a) and (e) of the Northampton Zoning Ordinance that the addition of a second story to the existing structure at 4 Main Street, Northampton, is not substantially more detrimental to the neighborhood than the existing structure. Present and voting were Chairman Robert C. Buscher, William R. Brandt, and M. Sanford Weil, Jr. The Findings were as follows: A. Section 9 . 3 (a) of the Northampton Zoning Ordinance states in pertinent part: Pre-existing nonconforming structures may be changes, extended or altered, provided: 1. Where said change, extension or alteration is with regard to the specific pre-existing nonconformity of the structure, that it first receive a Finding from the Zoning Board of Appeals that such change, extension or alteration will rrt be substantially more detrimental to the neighborhood than the existing nonconforming structure. 2 . Where said change, extension or alteration will create a new violation of the present zoning requirements, that appropriate Variances be received. 3 . Where all aspects of said change, extension or alteration conform, in all respects, to the present zoning requirements, no Variance. . . is required. B. Section 9 . 3 (e) reads: A use in a pre-existing, nonconforming structure may be changed, extended or altered only if there is a Finding by the Zoning Board of Appeals that such change, extension or alteration is not substantially more detrimental to the neighborhood than the existing use. B. The Board unanimously found that the proposed changes in use and structure will not be substantially more detrimental to the neighborhood than the existing use and structure. In NORTHAMPTON ZONING BOARD OF APPEALS DECISION TOM MASTERS APPLICATION PAGE TWO fact, the Board sees a substantial benefit to the neighborhood in that the proposed changes are a positive addition to the city and its skyline. C. The Board unanimously found that the proposed changes do not create a new violation. D. This finding is contingent on the Northampton City Council approving the easement allowing access to the Second floor from the walkway to the rear of the building. Robert C. Buscher, Chairman � '7 � L71--"/ William R. Brandt 7 M. Sanford( Weil, Jr. Northampton Zoning Board of Appeals June 20, 1990 Meeting The Northampton Zoning Board of Appeals met at 7 :40 p. m. on Wednesday, June 20, 1990 in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton, to conduct a Public Hearing qn the Application of Tom Masters for Findings under Section 9 . 3 (nonconforming structure) and 9 . 3 (e) (change in use) that the construction of a second-story addition to the "Wally' s Soda Bar" building at 4 Main Street will not be substantially more detrimental to the neighborhood than the existing structure. Present and voting were Chairman Robert C. Buscher, William R. Brandt, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, and a memorandum from the Planning Board. Mr. Masters and his architect were present. Mr. Masters explained that "the last time around, handicapped access and lack of an agreement" with abutter Whiting, were the issues. He explained that the plan before the Board does not involve Mr. Whiting' s building at all, and the second floor addition, equal in size to the existing first floor, will have its only access from the Walkway behind the building. This relieves him from having to put in an elevator. He said that the City Property Committee has granted him an easement for access from the walkway in return for his maintaining the area. Building Inspector Palmer confirmed that, since the second-floor entrance is at ground level, the proposed plan meets all codes. This addition is approximately 500SF, and will be office space. Because it is less than 2 , 000SF. a second means of egress is not needed. No additional parking is required, because the footprint will not increase in size. There is expected to be retail and an ATM on the first floor. Mr. Masters showed architectural renderings of the planned change, and photographs of the existing building. There being no one else to speak in favor or in opposition, Mr. Weil moved that the Public Hearing be closed. Mr. Brandt seconded, and the motion passed unanimously. Mr. Brandt commented, "I think it's great--very much in keeping with the downtown. It certainly is not substantially more detrimental to the neighborhood. I ' ll vote in favor, with the condition that the city Council approve the easement. Mr. Weil concurred, including the condition, and Ch. Buscher agreed with his colleagues, adding, "It' s a positive addition to the city--it makes the skyline more consistent. " Mr. Brandt moved the Finding be granted, with the condition of City Council approval of the easement. 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 CITY OF NORTHAMPTON i_ i 4iti ZONING BOARD OF APPEALS .42jam." � NORTHAMPTON, MASSACHUSETTS 01060 DATE: JUN 2 71990 RE: THE APPLICATION OF TOM MASTERS FOR A FINDING TO ALLOW A SECOND STORY ADDITION TO THE BUILDING AT 4 MAIN STREET, FORMERLY WALLY ' S SODA BAR. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15 , notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the request for a Finding. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. 1 Robert C. Buscher, Chairman WI 4 __--t / . — ._ -- scittAMPT eg0154w 016 )..?-4;,, '4$ Crz o fax#llttmott ► =_� /, �, , .i .4_ AiR55R[I usett5 = DEPARTMENT OF BUILDING INSPECTIONS ~ _ `i— t' INSPECTOR 212 Main Street Municipal Building %M Northampton, Mass. 01060 um" Bruce A. Palmer May 24, 1990 To whom it may concern: The addition of a second floor for the building on 4 Main St. , Northampton, in my opinion should be considered a first floor because it will have an exit exiting on ground level (see enclosed). Sincerely, ce A. Pa;4)7.4.4*,y/. Eg:05 r Inspector of Buildings BAP/lb enclosure r w 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS Table 608 CAPACITY PER UNIT EGRESS WIDTH Without lire suppression system With lire suppression system Number of occupants Number of occupants Use group Doors,ramps and Doors,ramps and Stairways corridors Stairways corridors Assembly 75 100 113 150 Business 60 100 90 150 Factory and industrial 60 100 90 150 High hazard 60 100 Institutional 22 30 33 45 Mercantile 60 100 90 150 Residential 75 100 113 150 Storage 60 100 90 150 Note.The main exitway of a bowling alley shall be of sufficient capacity to accommodate 50 per cent of the total occupant load,without regard to the number of aisles which It serves. SECTION 609.0 NUMBER OF EXITWAYS 609.1 General: The following general requirements apply to buildings of all use groups. More restrictive requirements that may be provided in Article 4 for special uses and occupancies shall take precedence over the general provisions of this section. 609.2 Minimum number: There shall be not less than two (2) approved independent exitways serving every building except as modified in Section 609.3. There shall be not less than two (2) approved independent exitways serving every story, except in one and two-family dwellings and as modified in Section 609.3. 609.3 Buildings with one exitway 609.3.1 Only one (1) exitway shall be required in buildings of the use groups and characteristics specified in the following Table 609. ....k60 In a building of any use group with the first story two thousand (2000) square feet or less in area and with an occupancy load not exceeding fifty (50) persons, one means of egress may be permitted from the first story. Egress from all other stories shall comply with other applicable sections of this article. 2/2/90 (Effective 3/1/90) 7:.0 CMR - 219 . , swwpT . CITY OF NORTHAMPTON °" E C ry� ZONING PERMIT APPLICATION + Z" �" �=i U apy p N�; I Lot / $ ) Zoning Ordinance Section 10.2 •vn`+ •eceived:� 8 ex F Plan File Owner Tom Masters DE'T„QE `7��arni e r s 81 Pine Grove , Amherst , MA �N : il�'� • • Grove , Amherst , MA Address Address Telephone (4 1 3 ) 2 5 3-5 8 5 1 Telephone (4 1 3 ) 2 5 3-5 8 5 1 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning Use Lot Front Depth Setbacks Max. aid. Min. Op. District CB Area Width Front Side Rear Cover Space Past CB Existing none none none none none 7 57 % 43 Present CB Proposed none none none none none 7 74 % 26 Mark the appropriate box to indicate the use of the parcel: ', Non-Conformingg Lot and/gr,Structure. Specify rear lot setback of seven feet does n o t meet cu rent fi teen feet requirement . r ❑ Residential ❑Single Family Unit " fatiltilti=Farir'' ❑ Duplex { ;Other;; .* ', ❑ Business ❑ Individual MAY 16 .1 D Institutional ❑ Subdivision ❑ Regular 1%1,10 P.U.D. {;;�i; ,, ❑ Cluster Q 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.O. Sect. XIV) ❑ Yes 11 No Parking Space Requirements: (Z.O. Sect. 8.1) Required 0 Proposed 0 Loading Space Requirements: (Z.O. Sect. 8.2) Required none Proposed Signs: (Z.O. Art. VII) ❑ Yes E No Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes No Plot Plan Yes ❑ No Site Plan XIYes ❑ No (S. 10.2) (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: D U ❑ Approval as presented: 1 Li Modifications necessary for approval: 1 Nity I 6 ❑ Return: (More information needed) ❑ Denial: Reasons: CITY CLERKS OFFICE e-Tre:1 , __S•r----- /:?) Signature of Applicant Date Signature of Admin. Officer Date rRi' r 04(tlA.Hp1O ;1614;*-00; APPLICATION TO THE CITY OF NORTHAMPTON ZONiNG BOARD OF APPEALS FOR VARIANCE OR SPECIAL PERMIT This application folder includes an application form, addressed to the City of Northampton Zoning Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information intended to assist the applicant in properly completing the application. The application must be completed using a typewriter or hand printed block-type letters. All numbered items on the application must be completed. When completed and signed by the applicant, the application should be submitted to the Building Inspector for filing. Even though received, the application will not be considered "filed" with the Building Inspector until it has been reviewed to insure proper completion. A review of the application will be made within two business days from the date received by the Building Inspector. The applicant will be notified of any additional information required. Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to authorize a variance from the terms of the applicable zoning ordinance where the Board determines that the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15. Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended. Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended, which indicates uses which require special permits in particular zones. The general and specific condi- tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to Zoning Ordinances. The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each application. A notice of the public hearing will be published in the appropriate newspaper and written notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should familiarize himself with these rules prior to attending the public hearing. THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM REAPPLYING FOR TWO YEARS. RR APPLICATION INSTRUCTIONS O N [ U I 1. State name and address of applicant. J r MAY 16 1990 �, 2. State name and address of the owner of property. CITY CLERKS OFFICE 3. Indicate applicant's standing to apply. NORTHAMPTON,MASS.01060 r 4. Indicate whether this is an application for a variance or for a special permit. If you are making application for both, use a separate form for each (only one fee will be required). You may apply for more than one variance or more than one special permit on the same form. If other, sp indicate and explain. 5. Location of property should be indicated by street address; where the property is situated i.e. south side of South Street; and with reference to the sheet numbers and parcel numbers as designated on the assessors' tax maps. 6. Indicate the zone in which the property is located. • 7. State as concisely as possible the work you propose to undertake and/or your proposed use of the property should your application be approved. 8. SITE PLAN/PLOT PLAN: The applican! is required as part of this application to submit a site/plot plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing and/or proposed buildings and the distances from said buildings to said lot boundaries and all in- formation relevant to the consideration of the application. A copy of the site/plot plan should ac- company each copy of the application required to be filed. When the applicant is required under Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required. 9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that the applicant has met the requirements as set forth in either the General Laws of Massachusetts or the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these requirements prior to completing this item. (Attach additional sheets, if necessary) 10. Notice of the public hearing is required to be mailed, postage prepaid, to all "parties in interest" as defined in Massachusetts General Laws, Chapter 40A, Se :tion 11. "Parties in interest", as used in this chapter, shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent app- licable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." 11. Read and sign the application. If the applicant is a corporation, partnership, trust or other business entity, a duly authorized officer should sign. An attorney or other duly authorized representative of the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete © application are required. It is the responsibility of the applicant to provide these copies. a _moo __ a FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut- 12: co anej 2gz ter listed, is required to be paid upon the filing of the application with the Building Inspector. if Ua S rt Ui ��r , z The applicant should be aware that if the application is approved, the Board of Appeals may, in its �_ •.� discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the applicant may be further required to post bond or other security for compliance with said conditions in an amount satisfactory to the Board. FOR ADDITIONAL INFORMATION, CONTACT: City of Northampton Building Inspector City of Northampton Room100,Municipal Office Building or Zoning Board of Appeals Office 212 Main Street Room 102, Municipal Office Building Northampton, Massachusetts 01060 212 Main Street Northampton, Massachusetts 01060 Do Not Write In These Spaces Application Number: Rec'd. B.I. Checked Filed p Fee Pd. Rec'd. ZBA Map(s) Parcel(s) By Date By Date Dati �0'P'u, 5101 ) Bv�\ 6I'bliv APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Tom Masters Address 81 Pine Grove , Amherst , MA 2. Owner of Property Tom Masters Address 81 Pine Grove , Amherst , MA 3. Applicant is: 1EOwner; Contract Purchaser; -OLessee; ❑Tenant in Possession. 4. Application is made for: VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. ESPECIAL PERMIT under the provisions of Section _ page of the Zoning Ordinance of the City of Northampton. finding for section 9 . 3 (non—conforming structure ) and IOTHER: se.rtinn 9 _ 1(e. ) change in uce 5. Location of Property 4 Main Street , being situated on the east side of Strong Avenue Street; and shown on the Assessors' Maps, Sheet No. 3 2 A , Parcel(s) 15 5 6. Zone Central Business 7. Description of proposed work and/or use; The proposed p r o j e c t is t o e.x t e.n ri t h e existing Wally ' s Soda Bar Building vertically in the form of a second floor addition . E ' tuu.,7 •,, MAY 1 6 1090 8. (a) Sketch plan attached; 12Yes O No 14 CITY CLERKS OFFICE (b) Site plan: E Attched O Not Required NORTHAMPTON.MASS.01060 9. Set forth reasons upon which application is based: Current zoning requires this application if the plan as proposed is to proceed . The proposed plan is to improve the existing property with addition and improvements to the building , which will greatly Pnhanrc the. property . 10. Abutters (see instructions; list on reverse side of form). 12. I hereby certify that information contained herein is true to the best of my knowledge. Date S-W2 0 Applicant's Signature , Assessor' s Map 'List of Abutters: Address Sheet Not Parcel 1. Richard & Betsy M. Whiting 11 Brewster Ct. , N' ton. 32 270 2. Kathleen B. Brodeur Red Lion Din.Strong St. , N' ton 32 154 3. Lester Brigham 10 Strong Ave. , N'ton 32 153 4. City of Northampton City Hall, Northampton 32 335- 32-C 5. Hampshire Bldg. Mat. (Russ) Hawley St. , Northampton 32 332- 32-C 6. John T. Smith 1 Bridge St. , Northampton 32 271 7. John & Mary Cahillane 15 Hawley St. , Northampton 32 158 8. Joyce Lee August Pine Grove, Northampton 32 157 9. Joyce Lee August Pine Grove, Northampton 32 156 10. Paul E. Brown 27 Meadow St. , Northampton 32 97 11. Poleto 91 Market St. , Northampton 32 96 12. Gateway Condo C/O Jennifer's Hair, 8 Bridge St. , N' ton 32 98 13. James T. Ennis (NIS) 109 Main St. , Northampton 32 99 14. Bruno L. Crolle 45 Eastern Ave, Northampton 32 100 15. Market Place Asso. Partner. 8 Bridge St. , Northampton 32 101 16. Mass Electric Co. 548 Haydenville Rd. , Northampton 32 131 17. 21-31 Main St. Assoc. 21 Main St. , Northampton 32 139 18. Hampshire County Comm. Court House, Northampton 32 127 19. 21-31 Main St. Assoc. 21 Main St. , Northampton 32 272 20. 21-31 Main St. Assoc. 21-Main St. , Northampton 32 138 21. Western Mass. Theaters, Inc.265 State, Springfield 32 132 22. Smith Charities Main St. , Northampton 32 136 23. James & Judy Raymond Raymond Insurance, N'ton 32 137 24. Joan L. Shea 137 Elm St. , Northampton 32 141 25. Indejit Singh & Mody Tushar C/O Florence Savings Bank, Florence 32 142 26. Paul Benjamin 36-40 Main St. , Northampton 32 143 27. Rene J. DeMontigney 32 Main St. , Northampton 32 144 28. D & K Realty Trust 26 Main St. , Northampton 32 145 29. Richard D. Chiminello 40 Maynard Rd. , Northampton 32 146 30. 16 Main St. Assoc. 16 Main St. , Northampton 32 147 31. Jeffrey Dwyer 16 Pleasant St. , Northampton 32 148 32. City of Northampton City Hall, Northampton 32 149 33. Daniel J. Yacuzzo 19 Strong Ave. , Northampton 32 150 34. Lester G. Brinkley Multi Bank N'tl, Main St. , N'ton 32 151 35. Lester G. Brinkley 130 Main St. , Northampton 32 152 np¶ TTTT \ m-) SI MAY 1619e0 LCITY CLERKS OFFICE NOR 'THAM 1 1_0 Vo Ons 4 742a,-i-icsnS to 4 1.40.=+k GI-y.e0.t- , y-i-i, r , Ma• 1-0 NI Moths , \\ov-4.1f ,P-ia,-, , VA • fi'i�� _ ____ _„,_.,, k , s _ 4.......______....„,„,,,,,„ ---,-_, ..,-,-;- =---, -,-- —,, ii\\,_,„. -r ---—_ flflILL!.PIII=L'IU , IS.1__ ¢I = i________ _ _____-_____------ --- -- •-•---- ...-,.=____.,: _ , t _., __.- 41.=:. 1,,=1 E j ,_-- , , . . ill _ _ __. ,..,...... imminuminimii.0000 re- Vlam, -E-VE v , MDMA G;c� (,' Ma:"h G 72161 /90 qbf bl3. ----1V-------"---. 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I / aim, ...._...._.___. .- I-' i-.-----"-"''.- Fef .. 1 i ab I e4I , „(21I Hi'/f V mil Qt,/ -^,ci .— - ----L---- 1100111.111111 .------ _ droWilliiiiiiillik '..4, itAl` ,V 4. kAiria /4:;41 1c/tA-0-7- -- ----------v-)!Ai,0 f‘1.3, i ,0 .prIn___ 1, 1 b , v4_ilm-r ')4,nON, r'1-' 7 New -tr I I • ,• OFFICIAL ABUTTER LIST Christenson,Lee C.,David L.Vanasse Mass. Electric Rene J.DeMontigney & Raymond J. Tonelli Owen R. Lococo & Cecil I. Clark c/o District Mgr. 32 Main St. D/B/A Depot Assoc P.O. Box 305 Florence Northampton,Mass 01060 125 Pleasant St.#125A 548 Haydenville Rd 32A-144 Northampton,Mass 01060 32C-165 Northampton,Mass 01060 • 24D-330, Janes J. Ennis Richard C., Betsy M.,Richard C. Jr. D & K Realty Trust 29 Harrison Ave Whiting 26 Main St. Northampton,Mass 01060 Trustees Conway Realty Trust Williamsburg,Mass 01096 32A-99 67 Park Slope 32A-I45 Holyoke,Mass 01040 32A-270 Lester G. Brinkley Kathleen B. Brodeur Richard D. Chiminello 134 Plain St. • Red Lion Diner 40 Maynard Rd Fasthampton,Mass 01027 8 Strong Ave Northampton,Mass 01060 32A-146 32A-152 Northampton,Mass 01060 32A-154 Boston & Maine J.P. Dwyer Inc. 16 Main St Associates Iron Horse Park Daniel M. Migliore c/o Sze's Restaurant N.Billerica,Mass 01862 Richard T. Swatland 32A-138-1 Main St. 32A-263 P.O. Box 1149 " " 2 Northampton,Mass 01060 32A-147 32C-332 Northampton,Mass 01060 " " 6 Western Mass. Theatres Inc. Brian J. Feeney 265 State St Matthew M. Pitoniak Springfield,Mass 01101 Saul Gliserman 32A-138-3 32A-132 6 Crafts Ave II " -5 Northampton,Mass 01060 " " -4 Bruno L. Crolle Lester Brigham 45 Eastern Ave 10 Strong Ave Northampton,Mass 01060 Northampton,Mass 01060 32A-153 �,.)A-ICO a Marketplace Assoc. Limited Partnership 8 Bridge St. City of Northampton Northampton,Mass 01060 c/o City Property 212 Main St. • 32A7101 Northampton,Mass 01060 32C-335 J.P. Dwyer Inc. John J. Smith 21-31 Main St. Assoc 1 Bridge St • P.O. Box 1149 Northampton,Mass 01060 32A-271 23 Main St 32A-272 Northanmton.Ma s 01060 Collins,Gail Giere Hampshire County Commission MAY 16 1990 15 Merrick Lane Hampshire County Commissioners Office Northampton,Mass 01060 32A-131 Hampshire County Court House Northampton,Mass 01060 32A-127 i NORTHAMPTON MOAN 01064 i-(-:..,,n_ Z ri rt.r• k..! nn ' )' 1 'n.y 1 `- l 9 Y I) :SSQR' S CERTIFICATION DATE: r • L �' (J