09-28 Staff Report
1
Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262
Staff Report for ZBA 9/28/2023 Covered in this report
• 193 Prospect St: The applicant, the contractor for the owner, proposes to install a new deck that
will stay within the preexisting nonconforming left-side setback, which encroaches more than 5
feet into the required setback.
• 181 Crescent St: The applicant, the contractor for the owner, proposes to demolish the existing
garage with 0’ left-side setback and build a non-residential creative studio with the same
setback and footprint.
• 211 Main St: The applicant, owner of the business Nice Tea, proposes to install an oversized sign
on the awning.
- Report for each application starts in the next page. -
2
24D-040 (193 Prospect St)
PERMIT TYPE PUBLIC HEARING DATE OWNER EXISTING USE
ZBA Finding 9/28/2023 Joeli Hettler Single-family home
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
1. Address: 193 Prospect St
2. Parcel ID: 24D-040
3. Zone: URB
4. Lot size: +- 6,710 sqft
5. APPLICATION URL
Direct link:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=775138&dbid=0&repo=CityOfNortham
pton
(*Parent folder link if you have trouble using the direct link. Locate the application folder by Parcel ID:
https://northamptonma.gov/pending) Summary of Request
The applicant, the contractor for the owner, proposes to install a new 8’ by 20’ deck that will stay within
the nonconforming left-side setback, which encroaches more than 5 feet into the required setback.
Zoning ordinance allows by-right additions if they within the preexisting nonconforming setback and the
addition does not encroach more than 5 feet into the required setback. Since the addition encroaches
more than 5 feet while staying within the existing setback, it instead triggers a finding requirement. For
a ZBA Finding, the Board must determine that the proposed deck extension will not be substantially
more detrimental to the neighborhood than the existing nonconforming house.
3
Applicable Laws
• § 350-9.3A(7) (https://ecode360.com/11957619)
• URB Zoning Attachment (https://ecode360.com/attachment/NO2226/NO2226-
350g%20Table%20of%20Use%20and%20Dim%20Regs%20URB.pdf) Compliance with Zoning
TYPE REQUIREMENTS EXISTING NON-
CONFORMITIES
PROPOSED
CONDITIONS
Setbacks Side Setback: 15’ Left-side: About 4’
(Applicant measured 56”,
which is 4’ rounded
down)
Left-side: Same
Other Issues
• None. Staff Decision Recommendation
• Approve based on information submitted in the application.
☒ Approve ☐ Approve with Conditions ☐ Deny Staff Condition Recommendation
None, except if otherwise determined by the Board based on public hearing comments.
-Next application report in the following page.-
4
PERMIT TYPE PUBLIC HEARING DATE OWNER EXISTING USE
ZBA Finding 9/28/2023 Mary Beth Brooker A single-family home
with a garage.
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
1. Address: 181 Crescent St
2. Parcel ID: 24C-177
3. Zone: URB
4. Lot size: 0.25 ac
APPLICATION URL
Direct link:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=775052&dbid=0&repo=CityOfNortham
pton
(*Parent folder link if you have trouble using the direct link. Locate the application folder by Parcel ID:
https://northamptonma.gov/pending) Summary of Request
The existing garage has a nonconforming 0’ left-side setback. The applicant, the contractor, proposes to
demolish the garage and build a “private studio/creative space” with the same footprint on the same
foundation. Detached garages and studios require the same setback. The building will have no plumbing.
For a ZBA Finding, the Board must determine that the proposed change to the structure will not be
5
substantially more detrimental to the neighborhood than the existing use by the nonconforming
structure. Applicable Laws
• § 350-9.3A(7) (https://ecode360.com/11957619)
• URB Zoning Attachment (https://ecode360.com/attachment/NO2226/NO2226-
350g%20Table%20of%20Use%20and%20Dim%20Regs%20URB.pdf) Compliance with Zoning
TYPE REQUIREMENTS EXISTING NON-
CONFORMITIES
PROPOSED
CONDITIONS
Setback Side setback for accessory
structures: 4’ (For principal
structures, it is 15’.)
Left: 0’ Same
Other Issues
None noted. Staff Decision Recommendation
☐ Approve ☒ Approve with Conditions ☐ Deny Staff Condition Recommendation
The following and others determined by the Board based on public hearing comments.
1. The accessory structure shall not have egress doors on the southwest side wall with the 0’ setback.
2. The accessory structure shall be used as described in the application for ancillary storage/workspace
to the single-family residence.
-Next application report in the following page.-
6
PERMIT TYPE PUBLIC HEARING DATE OWNER EXISTING USE
ZBA Special Permit 9/28/2023 Qian Zhu Li Cafe
PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE
1. Address: 211 Main St (Nice Tea)
2. Parcel ID: 31D-136-002
3. Zone: CBc
4. Lot size:
*Application discrepancy: The dimensions of the awning sign in the information section and the actual
drawings in the submitted job proof shows some discrepancy. Also, the applicant provided
dimensions for the whole awning, including the curvature, but not the sign area only. The
“Compliance with Zoning” section below will look at the dimensions of the awning as indicated in the
drawing.
APPLICATION URL
Direct link:
http://archive.northamptonma.gov/WebLink/Browse.aspx?id=775122&dbid=0&repo=CityOfNortham
pton
(*Parent folder link if you have trouble using the direct link. Locate the application folder by Parcel ID:
https://northamptonma.gov/pending) Summary of Request
The applicant, the owner of the café, proposes an awning sign that exceeds the by-right sign allowance.
The awning will have logos and shapes on both ends and the front. It will NOT be illuminated. The Board
must determine that “the architecture of the building, the location of the building or the land or nature
of the use being made of the building or land is such that additional signs or signs of a larger size would
not detract from the character of the neighborhood and should be permitted in the public interest.”
7
(350-7.2M(2)). Following are photos of the current condition taken by the staff on 9/20/2023 and
9/21/2023.
Applicable Laws
• § 350-2, “Sign, surface area of” (https://ecode360.com/39471251): “…the area shall be
considered to be that of the smallest quadrangle which encompasses all of the letters, designs,
and symbols.” The surface area of the sign is not the entire surface area of the awning but the
smallest rectangle that encompasses all of the letters, designs, and symbols.
• § 350-7.2M (https://ecode360.com/30995433): Special permit for oversized or multiple signs.
• § 350-7.4B(3)(a) (https://ecode360.com/30995474): Maximum dimension of wall signs.
• § 350-7.4C(2) (https://ecode360.com/30995491): Awning signs allowed instead of wall signs.
• NOTE: The awning also requires a separate DPW permit (“awning and blocking”)
8
Compliance with Zoning
TYPE REQUIREMENTS EXISTING NON-
CONFORMITIES
PROPOSED CONDITIONS
Maximum
Sign Area
“The sign's surface area shall not
be larger than 10% of the frontage
wall area of the facade of the story
which is occupied by the
establishment or 100 square feet,
whichever is less” (350-7.4B(3)(a))
“The Board of Appeals may issue a
special permit allowing more than
the number of signs herein
permitted and/or for signs of a
larger size, but not taller than
herein permitted, provided that…”
(350-7.2M)
No awning
signs currently.
The awning has
not been
installed yet.
1. Total front awning sign
area, including
curvature: 19’ (L) by
3’8” (H) = About 70 sqft.
(Applicant did not
provide the area
without the curvature)
2. Two side awning sign
area, including the
curvature: 2’ (L) by 3’8”
(H) times 2 = About 15
sqft. (Applicant did not
provide the area
without the curvature)
3. Total sign area: 70 + 15
= About 85 sqft
4. Awning projection: 2’
from the wall.
5. Building façade,
including the area that
will be covered by the
awning: 20’5” (L) *
180’1” (H) = About 308
sqft.
6. Total sign coverage
percentage: 85/308 =
About 27.6% Other Issues
• The code also allows up to 20% of the glazing to be used for additional
signage. This is strictly a Building Commissioner review issue.
• The large cup sculpture with the Nice Tea logo is an unpermitted sign as of
9/21/2023.
9
Staff Decision Recommendation
The Board should consider how the sign fits with the rest of the store façade and the neighborhood,
particularly given the other signage and elements used to attract attention. Staff recommends denial of
the increased sign size based on not meeting the criteria in 7.2M of additional signs or signs of a larger
size not detracting from the character of the neighborhood due to all the other components the
applicant has in place. The by-right awning signage allowance of up to 30 sqft representing 10% of the
façade would be appropriate.
☐ Approve ☐ Approve with Conditions ☒ Deny
-End of Staff Report.-