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11-09 Map 32C-009 122 Main St Staff Report Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262 Staff Report PERMIT TYPE PUBLIC HEARING DATE OWNER EXISTING USE ZBA Special Permit for a sign exceeding the by-right maximum size 11/09/2023 Luciana Matarazzo (Applicant is Erica Saravia) Restaurant PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE 1. Address: 122 Main St 2. Parcel ID: 32C-009-001 (Book/page 58252/207) 3. Zone: CBc 4. Lot size: ~1,056 sqft. Figure 1: Previous Sign on Google Street View, Oct 2019. APPLICATION URL Direct link: http://archive.northamptonma.gov/WebLink/Browse.aspx?id=776877&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 is from Pinocchio Pizza, a restaurant in downtown Main St on the ground floor of a two- story commercial building. The applicant seeks a retroactive ZBA special permit approval for an awning sign that one previously installed (Figure 2). The awning size exceeds the allowed size. The ordinance allows, by right, one main wall sign (or an awning sign in lieu of the wall sign) if 1) the sign’s surface area is at most 10% of the façade of the story where the business is located and at most 100 sqft; and 2) the total surface area of all main wall signs of a building is not larger than 10% of the main wall area of the ground floor. (This requirement goes back to at least 2013.) The applicant’s sign area is within 10% of the ground floor façade area where the business is located, but the existing 30 sqft sign on the second floor for a salon business alone exceeds 10% of the ground floor façade. Building Department approved the salon sign in 2014. Because the total area of the two signs exceed 10% of the ground floor façade, the applicant would need to get a ZBA special permit. While the awning is noticeably large, the board only needs to consider the sign surface area which is the sum of the areas of the smallest rectangles that enclose the signs on the awning, not the entire surface area of the awning. Per zoning ordinance 350-7.2M, the Zoning Board of Appeals needs to determine Figure 2: Recently installed without permits. Also shows the 2nd floor salon sign. Figure 3” Proposed awning sign design with dimensions. Applicant did not submit any designs for the sides of the awning. 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.” Applicable Laws 1. 350-2.1 (https://ecode360.com/39471251#39471251): Definition of “SIGN, SURFACE AREA OF” 2. 350-7.2M (https://ecode360.com/30995433): ZBA special permit requirements for multiple or larger signs. 3. 350-7.4B(3) (https://ecode360.com/30995473): One main (frontage) wall sign allowed by right. 4. 350-7.4C (https://ecode360.com/30995489): Awning signs allowed by right. Compliance with Zoning TYPE REQUIREMENTS EXISTING NON- CONFORMITIES PROPOSED CONDITIONS Signs 350-7.4B(3) 350-7.4C *Will look at it as if the existing sign violations are new proposed conditions Ground floor façade area for Pinocchio Pizza: 166” * 108” ~= 124.5 sqft Front awning sign area: 1’ by 12’ = 12 sqft. (The sign area refers to the smallest rectangles that surrounds the sign, not the size of the awning.) The front awning sign area as a percentage of the ground floor façade: ~9.6% Side awning sign area: Applicant did not have side awning signs in the revised design. Awning size: 166” * 58” ~= 67 sqft (Not directly relevant) Existing Tigerlily Salon sign area (from 2014): 30 sqft according to the zoning permit review, which exceeds 12.45 sqft, which is 10% of the Pinocchio ground floor façade. Other Issues 1. The applicant also needs to get an “Awning and Blocking” permit from DPW since the awning hangs over the sidewalk. That does not require a hearing. Staff Decision Recommendation While the total area of the applicant’s sign and the salon business’s sign exceeds the 10% of the ground floor, the salon sign is high up from the ground floor and does not result in concentration of signs in one visual area. The applicant’s submitted sign would be allowed by-right if it were not for the existing salon sign. Out of the three buildings to the left of the applicant’s building, two of them have business signs on two stories. Other signs on ground floors have dimensions similar to the applicant’s even though they do not have a large awning. Considering these factors, approving the applicant’s sign would not detract from the character of the neighborhood. (Pictured below: Buildings from different angles.) Per 350-7.2M(2) (https://ecode360.com/30995435), the board needs to specify “in the permit the exact sign permitted, the size and location of the sign or signs, and, if applicable, imposes other restrictions. Any change in said signs requires a new or revised special permit unless the special permit specifies what types of changes are allowed.” Per 350-7.4C(1), the business owner can, without a special permit add street address and a sign along the bottom of the front or both sides of the awning provided that they are at most 4” tall and meet the requirements. This would not be need to be a condition, but it can be listed as a finding. ☐ Approve ☒ Approve with Conditions ☐ Deny Staff Condition Recommendation The following and otherwise determined by the Board based on public hearing comments. 1. The surface area of the front wall or awning sign shall be 12.45 square feet or smaller. There shall be only one front sign.