Untitled Commonwealth of Massachusetts
City of Northampton`' `
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DEPARTMENT OF BUILDING INSPECTIONS fi•
.�, 212 Main St • Municipal Building d,,,
Northampton, MA 01060 ��f rke- 11
■ Northampton Volkswagen
Thomas and Carla Cosenzi
P. 0. Box 1450
Northampton, MA 01060
December 22, 2011
Re:48 Damon Road
18D -035
Dear Business owners,
I have reviewed the zoning permit submitted on December 19, 2011 requesting a change from
one car dealership to another at 48 Damon Road. I have approved the application.
Use of that property for a new car dealership is allowed by a variance granted by the
Northampton Board of Appeals in 1976 and Site Plan approval by the Northampton Planning Board in
1996. The existing ground sign is allowed by a special permit from the Zoning Board of Appeals in
1997. Use of the property is restricted to the terms of those decisions.
I have included copies of the decisions with the approved application. Feel free to contact me if
you have any questions or require additional information.
Respectfully
Louis Hasbrouck
r ,
Building Commissioner
City of Northampton
Hasbrouck @city. northampton. ma. us
cc: Gerrit Stover
A
P: Rio "'s
File # MP- 2012 -0060 GAYLE
APPLICANT/CONTACT ADDRESS /PHONE 40 RUSSELL ST (413) 570-1304 0 5 3 " I I
To to *0(5 WtW
PROPERTY LOCATION 48 DAMON RD Q(zTN P
MAP 18D PARCEL 035 001 ZONE GB(100)/ CAR-LX k l N d M A S c°561`)% I
THIS SECTION FOR OFFICIAL USE ONLY: P O 45 0
PERMIT APPLICATION CHECKLIST NO AOA PTO 01060
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT 1 j/ j �
Fee Paid
Building Permit Filled out
Fee Paid
Tvpeof Construction: ZPA - CAR DEALERSHIP
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/ Statement or License
3 sets of Plans / Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFORMATION PRESENTED: (J A 12.1 MC( S 1 TE P rfL4'J R L-
1/ Approved Additional permits required (see below) ►a 5 PF,C- i AL FE S
�2a4�n
PLANNING BOARD PERMIT REQUIRED UNDER : § l 7 6 -a 11 97
Intermediate Project : Site Plan AND /OR Special Permit with Site Plan
Major Project: Site Plan AND /OR Special Permit with Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: §
Finding Special Permit Variance*
Received & Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street Commission Permit DPW Storm Water Management
/ 212-2- 1
Signature of Building Official Date
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health, Conservation Commission, Department
of public works and other applicable permit granting authorities.
* Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning & Development for more information.
. RECEIVED
DEC 1 92011
File No.
r OF Bui 'Ns?" �„ i ► NG PERMIT APPLICATION (00.2)
.�•, ON, MA �
' ease type or print all information and return this form to the Building
Inspector's Office with the $15 filing fee (check or money order) payable to the
City of Northampton
o
1. Name of Applicant: OirY t L -1 J O
Address: /t C� .;>�L/ / &,0/ / E / )// Telephone: L //5
2. Owner of Property: x e/Z -/ �' /`� 777( %/ /G -�/I i d"
Address: / a d / ? (J6i Pli C/t)I'L Jl' /lTetephone:
3. Status of Applicant: Owner Contract Purchaser Lessee Other (explain)
4. Job Location: Vi hJ1')e/l,) /lfC),/7}/7`7)1 / /�il�,
Parcel Id: Zoning Map# Parcel# District(s):
In Elm Street District In Central Business District
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
1 11 ,�, II �� 7 pd:5//7�
5. Existing Use of Structure /Property: to/is !4 rV� fit. �
6. Description of Proposed Use /Work /Project /Occupation: (Use additional sheets if necessary):
Z%) lL .6 2/ /L, %/ - mac ) Oft /// Di
7. Attached Plans: Sketch Plan Site Plan Engineered /Surveyed Plans
A-.
8. Has a Special Permit /Variance /Finding ever been issued for /on the site? `1�,}
NO DONT KNOW YES X.. IF YES, date issued: I 16 7/( y
IF YES: Was the permit recorded at the Registry of Deeds?
NO DONT KNOW YES ..)( , J�:� <a3 y /y3 ?A il/MS.
IF YES: enter Book ,'�. �1 Page yd and /or Document # :2 /���
9.Does the site contain a brook, body of water or wetlands? NO DONT KNOW ) YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained , date issued:
(Form Continues On Other Side)
W: \Documents \FORMS\ original\ Building- Inspector\Loning- Permit- Application- passive.doc 8/4/2004
10. Do any signs exist on the property? YES NO
, , ,
IF YES, describe size, type and location: lA.),Z.,Z )'( A ( 21 ' ( '
Are there any proposed changes to or additions of signs intended for he property? YES NO
Log E 13L /4-0 I /06 5
IF YES, describe size, type and location: S 1 a ALS /4. 5i CA. S
11. Will the construction activity disturb (clearing, grading, excavation, or filling) qr 1 acre or is it part of a common
plan of development that will disturb over 1 acre? YES NO
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
0/ 6- This column reserved
for use by the Building
Department
EXISTING PROPOSED REQUIRED BY
ZONING
Lot Size
Frontage
Setbacks Front
Side L: R: L: R: L: R:
Rear
Building Height
Building Square Footage
% Open Space: (lot area
minus building & paved
parking
# of Parking Spaces
# of Loading Docks
Fill:
(volume & location)
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: i / i a i l / i i Applicant's Signatur �Y ►'
NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architectural Boards, Department of Public Works and other applicable permit granting
authorities.
W: \Documents \FORMS\ original \Buil ding - Inspector\ Zoning - Permit - Application- passive.doc 8/4/2004
tae: 970024193 OR /5228/0293 10/24/1997 13:49
City of Northampton, Massachusetts -- TM/4p
Office of Planning and Development �� ' =�� O4.
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586 -6950 � ',p •
FAX (413) 586 -3726 : , ,,;_�'; (J •
• Conservation Commission • Historical Commission
• Housing Partnership • Parking Commission
• Planning Board • Zoning Board of Appeals `r
DECISION OF
NORTHAMPTON_ZONING_BOARIL OE_APPEALS
APPLICANT: William F. Hodgkinson -
ADDRESS: 136 William Street
Springfield, MA 01105
OWNER: Kerryman Partnership
ADDRESS: 48 Damon Road
Northampton, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 48 Damon Road
MAP AND PARCEL NUMBERS: MAP 180 PARCEL 35
At a meeting conducted on September 17, 1997, the Northampton Zoning Board of Appeals
unanimously voted 3:0 to grant the request of William F. Hodgkinson for a SPECIAL
PERMIT under the provisions of Section 7.4 (4)(C) in the Northampton Zoning Ordinance, to
erect a twenty-foot high, forty -nine and a half (49.50) square - foot ground (pole) sign at 48
Damon Road to be constructed as described in a letter from Michael R. Siddall, Esq. dated
September 11, 1997 and as shown on the exhibit attached to the letter, and to be located as shown
on the following plan:
1. `Building Additions, 32 & 48 Damon Road, Northampton, MA For The
Kerryman Partnership, CDA.1823, LP I ," prepared by Commercial Design
Associates and dated April 15, 1997.
Zoning Board Members present and voting were: Chair Alex Ghiselin, Vice Chair Mark NeJame
and Associate Member Larry Snyder.
•
(Note: The ZBA simultaneously granted a Special Permit to allow the applicant to exceed the
sign height allowed as aright.)
In Granting the Special Permit, the Zoning Board of Appeals found:
A. The requested use protects adjoining premises against seriously detrimental uses because
the sign is in keeping with other signs in the immediate vicinity.
on■ciinw. Pr7lh irFfl 6nr nFCCYCLED PAPER
Doer 910024193 OR /521810194 1 0/24/1997 13:49
B. The requested use will promote the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets because the pole sign will allow drivers
adequate time to observe the dealership's location and make lane changes necessary to
access it.
C. The requested use will protnote a harmonious relationship of structures and open spaces
to the natural landscape, existing buildings and other community assets in the area
because the sign will be in keeping with other signs in the immediate vicinity.
D. The requested use will not use City's resources.
E. The requested use meets all special regulations set forth in Section 7.4 (4)(C) of the
Zoning Ordinance (see Attachment A)
F. The requested use bears a positive relationship to the public convenience or welfare
because it will notify the public of the presence of a Chrysler- Plymouth, Jeep /Eagle
dealership.
The use will not unduly impair the integrity of character of the district or adjoining zones
because it is in keeping with other signs in the immediate vicinity.
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 0,
No conditions were imposed upon this Special Permit.
•, rr(q lq
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CITY CLERKS OFFICE
L NORTHAMPTON,_MfijS 01060
Doc: 910024193 OR /5228/0295 10/24/199113:49
ATTACHMENT A
SIGN /SPECIAL, PERMIT CRITERIA
Seeti n 14 f4)f4) Business_signs_siudl hc_permutted.as Gr_ourtd Slgns_as follows;
C. In Granting the Special Permit, the Zoning Board of Appeals found that a Special Permit
allowing a ground sign in a General Business (GB) district may be issued because:
I . There are unique features to the structure, the orientation of the structure and the
location of the structure, especially affecting such structure or establishment, but
not generally affecting the zoning district in which it is located, which restrict the
visibility of wall sign (s) otherwise allowed by this Ordinance, because the face of
the building has windows all the way around, and the business is located on a
heavily - traveled road where passers by need a sign of sufficient visibility to
identify the dealership in tirne to turn in.
2 Said ground sign shall be located in the same lot as the structure or establishment
being advertised.
3. Said ground sign shall he allowed to exceed a height of ten (10) feet [See
associated Special Permit allowing a sign of a greater height than otherwise
allowed] but will not have a surface area greater than eighty (80) square feet in the
GB district.
Doc: 910024193 OR /5228/0296 10/24/1997 13; 49
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 and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this decision was filed with the City
Clerk.
Applicant: William F. Hodgkinson - 48 Damon Road
DECISION DATE: September 17 , 1997
DECISION FILED WITH THE CITY CL RK: October 3, 1997
3
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^ NORTHA1MON MASS.01060
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October 24, 1997
I, Christine Skorupski, City Clerk of the City of Northampton, hereby certify
that the above Decision of the Northampton Zoning Board of Appeals was filed
in the Office of the City Clerk on Oct er. 3, 1997, that twenty days have
elapsed since such filing and that . v ap eal has bee iled in this matter.
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Atte t : ` "` - 7',:) 4 L jt,'HD_. ( h4 r 0
,_ C,ty Clerk
4 ` 'V, City of Northampton
ATTZBTi EV4PSHIU,. ' .- � • VISI'D
FAT
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Doc: 90024162 OR / 10/161199612
City of Northampton, Massachusetts . _ •' �`,
Office of Planning and Development �� r
City Mali • 210 Main Street - -. elk
• At e !1
.
Northampton, MA OIO80' (413) 586 -6950
FAX (41 S) 506-3726 ( g a ;4'
• Community and Economic Dovaloprn nt ..., n.yw►
• cansaevation • Historic f?ro#arwnlon
Planning Board • Zoning Board of Appals t.4.1 -
• Northampton Parking Commisswn '' �r4
DECISION OF
NORTIrA1tP'1'O$ PLANNING 80»D
APPLICANT: William F. Rodgkinaoa
ADDRESS: 136 William Street
Springfield, MA 01105
O114BR: Xerryman Partnership
ADDRESS: c/o Cabillane Leasing
48 Damon Road
Northampton, MA 01040
RE LAND OR EUZLDXNGB IN NORTRAMPTON ATT 48 Damon Road
MAP Aka PARCL+L NURSERS: MAP 118D PARCEL 35
At a meeting conducted on August 22, 1996, the Northampton
Planning Board unanimously voted 5 :0 to grant the request of
William F. Eodgkinson for BITE PLAN APPROVAL under the provisions
of Section 10.11 of the Northampton Zoning Ordinance, to
construct an addition at 32 Damon Road, and knoWh as Aa9essor•s
map 118D, Parcel 35 in accordance with the following plans:
1. CDA.1823.L1 - "Site Plan," prepared by CommetCial
Design Associates and dated April 8, 1996; revised
August 16, 1996.
2. CDA.1823.A1 - "Floor Plan and Elevations," prepared by
Commercial Design Associates, dated April 8, 1996;
revised August 16, 1996.
Planning Board Members present and voting were: Chair Andrew 3.
crystal, Jody Blatt, Kenneth Jocirie, Nark NeJame and Anne Romano.
In Granting Site Plan Approval, the Planning Board found:
A. The requested use protects adjoining premises against
seriously detrimental uses because the addition will house a
Jeep /Eagle showroom and will not intensify the Current use
of the property as a car dealership and leasing facility.
(The leasing business will be moved off - site.) Surface
water drainage patterns will not be changed.
oplciNAt PRINTED oN RECYCLED PAPER
Doc: BOA262 OR I499 10/16/1936 12:13
8. The requested use will promote the convenience and safety of
vehicular and pedestrian movement because the requested use
is not expected to intensify the use of the site; therefore,
traffic within the site and on adjacent streets will not
increase. The requested use meets the parking requirements
of the Zoning Ordinance.
C. The requested use will promote a harmonious relationship of
structures and open spaces to existing buildings and the
natural landscape because the addition is in keeping with
the existing structure.
D. The requested use will not overload the City's resources.
E. The requested use meets any special requirements set forth
in the zoning Ordinance,
F. The applicant has complied with the technical performance
standards ea follows:
(1) No new curb cut has been requested.
(2) Pedestrian and vehicular traffic have been separated on
site to the extent possible.
==== x = = = =° =_____�___.== ..==== =..c = = = =f. = =m = = ==
The following conditions were imposed upon the project:
1. The applicant shall submit a revised plan to the Office
of Planning & Development showing only the parting
spaces required by zoning on each lot, to be approved
by the Senior Planner and to become part of the file.
2. The applicant shall submit a planting plan by September
5, 1996 to be reviewed and approved by the planning
Board.
The Planning hoard voted 5:0 to approve the waivers as requested
in the application.
!J1 h ..
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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 Sampshire County registry or 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 Planning Board hereby certifies that a site plan
Approval Permit tzar been Created 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 and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this
decision was filed with the City Clerk. ,..._.. •
Applicant: Hodgkinson - 48 Damon Road
g .
DECISION DATE: August 22, 1996
DECISION FILED WITH THE CITY CLERK: Septert;ter 19, 1996
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Doc: 930024262 /4992(0262 10/16/199612:13 .ti A
October 10, 1996
I. Christine Skorupski, City Clerk of the City o,pNorthampton, hereby certify
that the above Decision of the Northampton Planninc Board was filed in the
Office of the City Clerk on September 19, 1' • that twenty da a have elapsed
since such filing and that no appeal has , + ed in this m. ter_
. - i m
Atte _ . . /. . . ', %__ • . Al.
City of Nort ampton
MUST* EIbPSHI22, RECISTFi
. IstAiLutit L. Donn
Doc: SOME OR 163210 55 10/16/1%* 11;13
City of Northampton, Massachusetts . --
* 77 Office of Planning and Development
City hall • 210 Main Street As, •1
Northampton, MA 01060 • (413) 586 -6950
FAX (413) 506 -3726 }
• Community and Economic D +vstopm.nt
• conservation • Historic Preservation "075P."...07/41411.." .
• Planning Board • Zoning Board (0 41
• Northampton parking Commission
DECISION OF
xoRrxAt[PTog P Na B IJAR D
APPLICANT: William F. Hodgkin:on
ADDRESS: 136 William Street
springfiald, MA 01105
OWNER: Aerryman Partnership
ADDitsse: a/o Cahillane Leasing
48 Damson Road
Northampton, WA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 32 Damon Road
MAP Awe PARCEL NUMBERS: MAP #18D PARCEL 34
At a meeting conducted on August 22, 1996, the Northampton
Planning Board unanimously voted 5 :0 to grant the request of
William F. iiodgkinson for SITS PLAN APPROVAL under the provisions
of section 10.11 of the Northampton Zoning Ordinance, to
construct an addition to an existing autobody shop at 32 Damon
Road, and known as Assessor's Map #laD, Parcel 34 in accordance
with the following plans:
1. CDA.1823.L1 - "site Plan," prepared by Commercial
Design Associates and dated April 8, 1996; revised
August 16, 1996,
2. CDA.1824.A1 - "Floor Plans," prepared by commercial
Design Associates and dated April 8, 1996; revised
August 16, 1996.
Planning Board Members present and voting were: Chair Andrew J.
crystal, Jody Blatt, Kenneth Jodrie, Mark NeJame and Anne Romano.
In Granting Site Plan Approval, the Planning Board found:
A. The requested use protects adjoining premise* against
seriously detrimental uses because the current use of the
property for an autobody shop will not change, but offices,
a Parts Department and a car preparation and wash area will
be added. Surface water drainage patterns will not be
changed.
owcoNaL FRITEO ON accycist? aAPFs
Doc: 960024251 08 /WO 241161199612 :13
B. The requested use will promote the convenience and safety of
vehicular and pedestrian movement within the site because
the site layout has been modified to separate the public
from repair vehicles as much as possible. In addition, the
owners will ragrade the entrance to Damon Road to make
entrance and exit safer. The requested use meets the
parking requirements of the Zoning ordinance.
C. The requested use will promote a harmonious relationship of
structures and open spaces to existing buildings and the
natural landscape because the Addition is in keeping with
the existing structure.
D. The requested use will not overload the city resources.
E. The requested use meets any special requirements Bet forth
in the Zoning Ordinance.
P. The applicant has complied with the technical performance
standards as follows:
(1) No new curb cut has been requested.
(2) Pedestrian and vehicular traffic have been separated on
site to the extent possible.
The following Conditions wars imposed upon the projeot:
1. The applicant shall submit a revised plan to the office
of Planning 4 Development showing only the parking
spaces required by zoning on each lot, to be approved
by the Senior Planner and to become part of the file.
2. The applicant shall submit a planting plan by September
5, 1996 to be reviewed and approved by the Planning
Board.
The Planning Board voted 5 :0 to approve the waivers as requested
in the application.
Doc: 60241G10R /4932/029 101i6/1 11113
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 Clark 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 Lend 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 Planning Board hereby certifies that a Site Plan
Approval 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 fixed
pursuant to MCI, Chapter 40A, Section 17, with the Hampshire
County Superior Court and notice of said appeal filed with the
City Clerk within twenty days (20) of the date of that this
decision was filed with the City Clerk.
Applicant: godgkinson - 32 baleen Road
DECISION DATE: Au,uSI 22, 1996
DECISION FILED WITH THE CITY CLERK: September 19, 1956
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Dot 024261 OR /62/13256 1(V16/10 12:13 ?;,,,,,,4k A c,
. r October 10, 1996
I, Christina Skorupski, City Clerk of the City of Northampton, hereby certify
that the above Decision of the Northampton Planning Poard was filed in the
Office of the city Clerk on September 19, 1996, •.t twenty days have elapsed
since such filing and that no appeal has been in tis matter,
Attes ' _ '
,i y Clue
City of Noxthampton
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This Agreement is dated as of this day of Dece • - , 011 between KERRYMAN
PA' • . - ' a Massachusetts partnership with . ress of P.O. Box 60266, Florence,
Massachusetts 010. • - - inafter the "Landlo •' and Cosenzi, a
with an a. It
(hereinafter the "Tenant").
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1. Premises.
consideration of the rent reserved herein and the mutual covenants contained herein,
the Landlord 1- ses to.th- - e, • ,t.t and the Tenant leases from t e Landlord, the following:
A. The land, together with the improvements thereon, known and numbered
as 48 Damon Road, Northampton, Massachusetts (the "Dealership'
Property"), together with the exclusive right to use that portion of 32
Damon Road, Northampton, Massachusetts shown on Exhibit A and
identified as "Reserved For Sales Only" Area = 12673 S.F. + / -" the
"Sales Lot "). The Dealership Property and Sales 1,ot are outlined in
yellow on the plan attached to this Lease as Exhibit A and are hereinafter
collectively referred to as the "Premises ".
B. in addition, the Landlord grants to the Tenant the non - exclusive right to use, in
common with others, those portions of the Premises shown on Exhibit A and
identified as "(Common Area) Area = 1 5488 S.F. + / -" (the "Common Area "), f.
urposes of vehicular and pedestrian traffic.
2. Definitions.
As uses is Lease, the following terms shall have the following meanings:
vi
A. Base Rent Ad _, For year one (1), Base Rcnt,,sha11 equal $9•,:.1.00 per
year, payable in equal mon 'nstallments of $8,000.00; fo two (2), Base
Rent shall equal $114,000.00, pay. - ' equal mans . stallments of $9,500.00;
and for year three (3), Base Rent shall equa ....110.00, payable in equal
monthly installments of $10,000.00'' . •
B. Base Year: The year commen January 1, 202 and ending ! `--'
•
December 31, 2012. ! ()
(G0 y r .t S
C. Brokers- No . L., t ,'^U
D. C. encement Date: January 1, 2012.
—1—
fiD -33f3
NORTHAMPTON BOARD OF APPEALS
Decision on Rust and Kerryman
Realty Trust Petition
March 13, 1976
The meeting to decide on the application for various vari-
ances and special permits for Charles and Mary Rust and Kerryman
Realty Trust was called to order at 9 ::00 AM in the Council Cham-
bers, City Hall by the Chairman, Charles W. Dragon.
The minutes of the public hearing which had been advertised
in the Daily Hampshire Gazette on February 17 and February 24,
1976, were read and approved unanimously.
The Chairman noted that the property in question was ori-
ginally two separate parcels-containing two separate buildings,
but the two were combined for the operation of a camping trailer
and mobile home business by the present owners. Only one entrance
to the property exists. Severe economic conditions affected this
business and the owner now wishes to sell. The recently enacted
zoning ordinance, however, requires side lot setbacks of 15 feet
and building separation of 30 feet which cannot be met.
To sell the two parcels separately would require a variance
and the addition of a second entrance which would be in close
proximity to the railroad crossing with the inherent danger that
would result.
A corner of the smaller building and the entire rear portion
of the property is within 100 feet of a brook and an easement to
the Commonwealth of Massachusetts exists on the property. These
conditions affect these parcels but do not affect generally the
zoning district in which they are located so that literal enforce-
ment of the zoning ordinance would involve substantial hardship
to the appellant.
There will be no increase in the use of water and sewer
facilities; and retaining a single entrance onto a state by -pass
highway at the portion of the property opposite the railroad
crossing will prevent any detriment to the public good.
The repair of autos which is allowed with a special - permit
in this zone, seems to be an allied business to the sale of new
and used autos and does not differ greatly from the present use
of selling mobile homes and camping trailers. In this respect
?
there is no nullity nor substantial derogation from the intent or
purpose of the zoning ordinance.
•
On the special permit for the repair and service of autos, the
use is li §ted in the Table of Use Regulations. The property which
is becoming run -down and deteriorated will be refurbished. The
site is located on a state by -pass highway and traffic will be no
heavier than that caused by the heavy moving vehicles formerly used
on the property.
There will be no increase in the use of water and sewer facili-
ties.
The character of the neighborhood will not be changed since
similar businesses now exist in close proximity to this site.
On the matter of the special permit for the erection of signs,
the Chairman said that he would make no broad interpretation of the
question of the two buildings constituting two establishments. He
felt that, in this case, the petitioner has a right to have signs
on each building in addition to a free standing sign as the zoning
ordinance states. The Building Inspector agrees with this.
Mr. Brushway remarked that the signs should be in conformance
with the requirements of the zoning ordinance, in which case, no
permit will be necessary. -
On the matter of the need for a permit because a portion of the
property is in the Watershed Protection District, the same reasoning
for granting this permit applies as in the case of the permit for
auto repairs.
At this point the vote was taken. The Board voted unanimously
to grant the requests with the following restrictions:
a. There will be no storage of waste materials which might run
off into the stream.
b. There will be no excavating for the purpose of undergrcaund
storage in the Watershed Protection District.
c. The property is to be used only for the purposes requested
on the application, and the submitted plans will be initialed
and filed.
d. In conformance with Board policy, a performance bond in an
amount to be decided by the \ C S must be posted by
the petitioner. 1-
- 2 -
The meeting was adjourned at 9:45 PM.
Present and voting were Charles W. Dragon, Chairman,
Armand Moggio and Thomas Brushway.
C axles W. Dragon
Chairman
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CITY OF NORTHAMPTON
MASSACHUSETTS
JAMES C. O'DONNELL
cITY SOLICITOR BOARD OF APPEALS
THOMAS P. NAGLE, JR.
ASSISTANT CITY SOLICITOR DECISION
In re Petition for Variances and Special Permits by Charles F. Rust,
Mary Rust and Kerryman Realty Trust.
A public hearing was conducted by the Board of Appeals on March
3, 1976, at City Hall, concerning the request of the petitioners for:
(1) a permit for automotive repair or automobile service station
under Principal Use 14, Page 5 -10 of the Zoning Ordinance;
(2) a Variance from Prinicpal Use No. 5 at Page 5 -9 to allow an estab-
lishment selling new automobiles and /or used automobiles and trucks,
new automobile tires and other accessories, motorcycles, household
and camping trailers;
(3) a Variance from the minimum sideline setback requirement for a
building in a G.I. Zone to permit the alteration, renovation or repair
of the small building with less than fifteen feet setback as required
in Article 6.2;
(4) a Variance from the requirements of Section 6.8 (3) at Page 6 -7
from the requirement that no two unattached structures shall be located
closer to one another than thirty feet;
(5) a Permit under Article 14, Watershed Protection District, to use
the portion of the property located within this District for parking
and storage of vehicles, parts and for accessory use, accessory to the
principal use of the structures; and
(6) a Permit for the erection of a sign on the front of the large
building, a small sign on the front of the small building, one ground
sign with a changing type facing for the large building, and one smaller
ground sign for the small building.
The Chairman, Charles W. Dragon, presided and called the meeting
to order at 7:40 p.m. Also present were members Armand Moggio and Thomas
Brushway, Clerk Claire Fennessey, Stephen Cahillane of Kerryman Realty
Trust, William Welch who is the attorney for the petitioners, and
members of the public and representatives of the news media.
Notice of the meeting, as published in the Daily Hampshire Gazette
on February 17 and February 24, was read into the record.
The Chairman stated that a memorandum from the Planning Board was
available for anyone who wished to read it.
The Chairman read a letter from the Northampton Redevelopment
Authority, an abuttor to the property, stating that it had no objection
to the granting of the petition.
" Board of Appeals Decision - Charles F. Rust, Mary Rust & Kerryman
Realty Trust - page 2
Mr. Welch presented the case for the petitioners as reported in
the next six paragraphs.
Mr. and Mrs. Rust own the property and have entered into an
agreement to sell the property to Kerryman Realty Trust, but the
agreement is contingent jpon the allowance of the petition.
Kerryman Realty Trust operates a business on South Street, North-
ampton, selling automobiles and motorcycles. It has the agencies for
Honda, Jeep, Dodge and AMC Motors and a garage and auto body shop.
Kerryman desires to move the Honda Agency and the garage and auto body
repair facility now, and one other dealership later, to the Damon Road
site.
An automotive repair facility may be operated on these premises
with a special permit, but a variance is needed to operate an automobile
sales agency. The agency must have a repair facility and a repair
facility without the agency is financially unfeasible.
Before the Rusts owned the property, it consisted of two separate
bui adjoining parcels, each with a building located thereon, one used
as a warehouse, the other as a private club. After the Rusts acquired
the property, Mr. Rust used it for camper trailer sales, and repairs
incidental to this type of business.
The interior of both buildings would be extensively renovated
but the outside dimensions will not be changed. There will be no
construction, filling or excavation affecting the wetlands area
The Planning Department memorandum stated that it would have pre-
ferred that the applications for variances and special permits be separ-
ate. Mr. Welch discussed this point with the Building Inspector and came
to the conclusion that the variances and permits are "interlocking"
since one is worthless without the others.
The Chairman here stated that he had consulted with the Assistant
City Solicitor on this point, and it was felt that in this case it
would be unrealistic to require separate applications; but the various
requests would have to be decided individually.
Mr. Kloc, an abuttor, said that he has no objections to the
application, and approved of development in this area.
No one spoke in opposition.
The meeting was adjourned at 8:25 p.m.
At a meeting duly called, in accordance with the rules of the
Board of Appeals, which was held at 9 ;00 A.M. on March 13, 1976,
with the chairman, Charles W. Dragon presiding and members Armand
Moggio and Thomas Brushway present, the Board made the following
findings and gave the following reasons for its decision:
In connection with the conditions especially affecting the Rust
parcel and the buildings on the Rust land, but not affecting generally
the zoning district in which it is located, the Rust property was
formerly two separate lots with two separate buildings and with separate
entrances onto Damon Road. After purchase by the Rusts, it formed one
Board of Appeals Decision - Charles F. Rust, Mary Rust & Kerryman
Realty Trust - page 3.
lot with one entrance. The parcel is located adjacent to a railroad
crossing with crossing signals. Under the former zoning law, when the
buildings were compiled into one lot, there was no restrictions as to
how close the buildings could be together and there was no sideline
violation. Under the new zoning law, the lot itself abuts a brook and
therefore the rear 100 feet across the property is subject to the Water-
shed Protection zoning which severely restricts any use of the rear
100 feet. In addition, a corner of the small building is within this
100 feet Watershed Protection District. The two buildings also are
closer than thirty feet together and the smaller building is not fifteen
feet from the sideline, the present use is a nonconforming use so that
any renovation, alteration or modification of the buildings for any
other use or any expansion of the nonconforming use will require
dimensional variances and the physical construction of the larger
building limits its use to light manufacturing insofar as manufacturing
is concerned.
Insofar as a literal enforcement of the provisions of the
ordinance or bylaw would involve: substantial hardship, financial or
otherwise, to the petitioners, the present use is a nonconforming use
being used for the sale and servicing of motor homes and campers. This
business has been severely affected and limited in the past few years
by the gasoline situation, the state of the economy and the increase
in interest rates. The City of Northampton, in the past few years,
has not seen any manufacturing plants established or located and in
fact, several rpoperties have been converted from manufacturing uses
to other uses. Under the new zoning law there are very few uses to
which this property could be put to as a matter of right, its main
use apparently being a construction supply establishment or manufacturing
but economically the property cannot be put to these uses at this time.
A separation of the lot into its former two separate lots would not
be permissible as a matter of right under the new zoning law and to
deny the variance, to prohibit the sale of new and used automobiles
whereas the sale of new and used campers is presently being conducted,
would involve sub tantial hardship, financial or otherwise, to the
Rusts, and in particular, where they have been trying to sell the
property for several years but have not been able to do so.
In connection with the question of whether desirable relief may
be granted without substantial detriment to the public good and without
nullifying or substantially derogating from the intent or purpose of the
ordinance, the proposed use for the sale of new and used automobiles
and other vehicles, together with the permit for the repair or vehicles,
would be exactly the same kind of use as the property directly across
the road; would be similar in use to the nonconforming use presently
being conducted, would provide for the reduction in such use by the
Cahillanes on South Street, a residential area; would transfet;:this
usesto Damon Road, a business area; would be similar to other uses on
King Stre...., within �. rew hundred feet of this location amid such use
has been affirmatively endorsed by the abutters as being of benefit to
the neighborhood and the sale of new and used vehicles vou 4nft*tbAn
practical without also a permit to repair vehicles in connection there-
with. Such a change would also result in the substantial physical
Board of Appeals Decision - Charles F. Rust, Mary Rust & Kerryman
'Realty Trust - Page 4
improvement of the property, and there will be no unusual increase
in water or sewer usage, nr1 additional blacktopping of the areas and
no change in the exterior lines of the buildings.
In connection with a permit to use the premises for automotive
repair requested by Kerryman Realty Trust, the requested use would
bear a positive relationship to public convenience or welfare in that
it would retain the single entrance which is of benefit, it being
near the railroad crossing; would make a use of the property very
similar to the present nonconforming use; would help to remove a business
use from South Street, a residential area, and transfer it to Damon
Road. The requested use would not increase any traffic congestion
as the entrance way would remain as it presently is, the traffic coming
to the site would be for automotive sales or repairs rather than camper
sales or repairs; the road is a bypass State highway and the buildings
immediately adjacent are business properties and not residential,
as a result of which pedestrial travel is extremely limited and the
requested use would not materially change or increase the use of water
or sewei"or the other municipal systems. Further, the property has
approximately 70,000 square feet, less approximately 13,000 square
feet of building space, leaving approximately 55,000 square feet of
open areas and has a loading dock.
The use would not impair the character of the district or be
detrimental as the district is business in nature, has an automotive
and tire business across the street and an Industrial Park also across
the street and the neighbors are in favor of the upgrading of the
property which would result from the allowance of the permit and the
same reasons apply as far as the permit under the Watershed Protection
area, in addition to which there would be no filling in or excavating
or extension of any building on to the 100 foot area and no additional
blacktopping and the soil would remain as it is.
iit,lt 1, ♦,t ii,t il,i, ► ►t,1,11 .S,a,1.$ L7.)s ► e
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It was unanimously decided that, owing to conditions especially
affecting the Rust land and buildings but not affecting generally
the zoning district in which they are located, a literal enforcement
of the provisions of the zoning ordinance would involve substantial
hardship, financial and otherwi ;e, to the appellants, and that desirable
relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the
intent or purpose of the ordinance.
Upon separate motions, duly made acid seconded, it was unanimously
voted in each case:
•
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Board of Appeals Decision - Charles F. Rust, Mary Rust and Kerryman
Realty Trust - Page 5.
(a) To grant a permit for automotive repair or automobile service
station under Principal Use 14, Page 5 -10 of the Zoning Ordinance.
(b) To grant a variance from Principal Use No. 5 at Page 5 -9 to
allow an establishment selling new automobiles and /or used auto-
mobiles and trucks, new automobile tires and other accessories,
motorcycles, household and camping trailers.
(c) To grant a variance from the minimum sideline setback require-
ment for a building in a G.I. %one to permit the alteration,
renovation or repair of the small building with less than fifteen
feet setback as required in Article 6.2.
(d) To grant a variance from the requirements of Section 6.8 (3) at
Page 6 -7 from the requirement that no two unattached structures
shall be located closer to one another than thirty feet.
(e) To grant a permit under Article 14, Watershed Protection District,
to use the portion of the property located within this District
for parking and storage of vehicles, parts and for accessory use,
accessory to the principal use of the structures.
(f) To grant a permit for the erection of a sign on the front of the
large building, a small sign on the front of the small building,
one ground sign with a changing type facing for the large build-
ing, and one smaller ground sign for the small building.
On motion duly made and seconded, it was unanimously voted that
the granting of these permits and variances is subject to the follow-
ing restrictions:
(a) There will be no storage of waste materials which might run
off into the stream.
(b) There will be no excavating for the purpose of underground storage
in the Watershed Protection District.
(c) The property is to be used only for the purposes requested on
the application, and the submitted plans will be initialed and
filed.
(d) In conformance with Board policy, a performance bond in an smount
to be decided by the Board, with advice from the City Solicitor,
must be posted by the petitioner.
h ar i es W . r ag A *'mand Moggio Thomas Brushway
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