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31B-313 /. • Planning Board - Decision -; L ( - - Citx of Northampton Hearing No.: PLN- 2004 -0076 ( L � ' v LE, f r Date: June 7, 2004 APPLICATION TYPE: SUBMISSION DATE: PB Special Permit with Intermediate 5/6/2004 r) Applicant's Name: Owner's Name: `'-- -- - _ _... So � rveyorls Na e: • NAME: NAME: i 4 • ., fq)�I-N -WE: Jeff Gutterman Jeffrey Gutterman & K are i'PBhtrne►�- `aA O 1 G 6 ADDRESS: ADDRESS: ADDRE - gr — 23 Park Avenue 23 Park Avenue TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: NORTHAMPTON MA 01060 NORTHAMPTON MA 01060 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: (413) 584 -3456 0 EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS: nohoerdr@hotmail.com Site Information: STREET NO.: SITE ZONING: 17 -23 PARK AVE URC TOWN: SECTION OF BYLAW: NORTHAMPTON MA 01060 Section 8.7: Location of Parking Spaces MAP: BLOCK: LOT: MAP DATE: ACTION TAKEN: • 31B 313 001 Approved With Conditions Book: Page: 7172 230 NATURE OF PROPOSED WORK: Establish legal off -site parking for 17 -23 Park Avenue on abutting lot. HARDSHIP: CONDITION OF APPROVAL: 1) Prior to the issuance of a certificate of occupancy, the applicant must obtain sign -off from the Office FINDINGS: of Planning & Development that a copy of the recorded easement has been submitted for cross -,/ access parking between 17 -23 and 15- 15A(abutting property Map Id 31B -314). 2) Prior to creation of new landscaped area, applicant should check with the Department of Public Works to ensure that no utilities will be affected by the excavation. The Planning Board GRANTED the Special Permit and Site Plan Approval based on the information submitted with the application. The Board found that the following criteria have been met: A. The requested use protects adjoining premises against seriously detrimental uses. The request for off -site parking legalizes a situation that has been present for years and effectively makes no changes to that situation. No changes to light views, drainage will occur because the parking surfaces will not be altered. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, minimize traffic impacts on the streets and roads in the area. No changes in driveway openings in relation to traffic and adjacent streets will be changed, access by emergency vehicles, the arrangement of parking and loading spaces, and provisions for persons with disabilities will not change and are provided for; and 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; and D. The requested use will not overload, and will mitigate adverse impacts on, the City's resources including the effect on the City's water supply and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools; and E. The requested use meets the special regulations set forth in the Zoning Ordinance under section 8.7 in that: practical difficulties exist which prevent the parking to be located on the same lot as the residential structure, which pre -dates enactment of the zoning ordinance. When measured along pedestrian ways from the edge of the principal use's parcel, the closest point of that non - municipal lot is less than 500'. F. The requested use bears a positive relationship to the public convenience or welfare. Creation of parking on site would require either the demolition of exisitng housing units or the reduction of lot size in order for a property mererly to meet the parking on the property. The use will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with the general purpose and intent of the Ordinance; and GeoTMS® 2004 Des Lauriers Municipal Solutions, Inc. • Planning Board - Decision City of Northampton Hearing No.: PLN 2004 - 0076 Date: June 7, 2004 G. If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81 -C and D. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 5/6/2004 5/20/2004 6/10/2004 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 5/13/2004 7/10/2004 5/27/2004 5/27/2004 6/27/2004 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 5/13/2004 5/27/2004 5/27/2004 6/7/2004 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 5/20/2004 8:45 PM 8/25/2004 8/25/2004 MEMBERS PRESENT: VOTE: William Letendre votes to Grant Francis Johnson votes to Grant Keith Wilson votes to Grant Paul Diemand votes to Grant Kenneth Jodrie votes to Grant David Wilensky votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Keith Wilson David Wilensky 6 Approved with Conditions MINUTES OF MEETING: Available in the Office of Planning & Development 1, Carolyn Misch, as agent to the Planning Board, certify that this is a true and accurate decision made by the Planning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on June 7, 2004 I certify that a copy of this decision has been mailed to the Owner and Applicant 1 J / , ' 7 / C T L GeoTMS® 2004 Des Lauriers Municipal Solutions, Inc.