24D-161 (3) •
Zion :ng Board of Appeals - Decision City of Northampton
Hearing No.: ZBA -2012 -0011 Date: December 12, 2011
Malcolm B.E. Smith votes to Grant
David Bloomberg votes to no action needed
Bob Riddle votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Malcolm B.E. Smith Bob Riddle 3 -0 Granted w/ Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
1, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and
certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
C etivieyvt 41
NOTICE OF APPEAL
An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended, within (20) days (30 days for a residential Finding) after the date of the filing of this decision with the City Clerk. The date of
filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk
of Northampton.
DEC 12
L_ __
January 3, 2012
I, Wendy Mazza, 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
December 12, 2011, that twenty days have elapsed since such filing and that no appeal has been
filed in this matter.
Attest: ( ,
y Cit C
City of Northampton
GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc.
PATRICIA ATTEST: TrAmPSIIIBE, `49...4i14., BEGiertz
A. PialtliA.
Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2012 -0011 Date: December 12, 2011
APPLICATION TYPE: SUBMISSION DATE:
Commercial Finding 11/18/2011
Applicant's Name: Owner's Name:
NAME: NAME:
J N PHILLIPS AUTO GLASS DUPREY NICHOLAS D & BETTY LOU
ADDRESS: ADDRESS:
139 DAMON RD 164 Northampton St
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: 111111111111111111111
NORTHAMPTON MA 01060 EASTHAMPTON MA 01027 12 0 00074
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: Bk: 10778Pg: 200 Page: 1 of 2
(413) 586 -4600 (413) 527 -5401 0 Recorded: 01/11/2012 01:59 PM
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
144 KING ST HB(100)/
TOWN: ACTION TAKEN: ADDRESS:
NORTHAMPTON MA 01060 Approved w/ Conditions
MAP: BLOCK: LOT: MAP DATE: SECTION OF BYLAW:
24D _ 161 001 Chapt 350 -9.3 (1) (D): Pre - existing TOWN: STATE: ZIP CODE:
Book: Page: Nonconforming Structures or Uses May be
2505 280 Changed, Extended or Altered with a PHONE NO.: FAX NO.:
Finding from the Zoning Board of Appeals.
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
AUTO GLASS SHOP
HARDSHIP:
CONDITION OF APPROVAL:
1) Planting strip should be bounded on the parking lot side by a bituminous berm (or other comparable)
with a 3" reveal.
,2. Planting strip that is 4' x -36' long should contain at least 5 shrubs of 3' height upon planting
interspersed with perennial tall grasses and or flowering plants.
3. 5' x20' strip proposed can contain any mix of grasses, shrubs, plants etc.
FINDINGS:
The Zoning Board of Appeals granted the Finding based on the materials and graphics submitted with the application.
The Board found the following:
1. The proposed project did fall under section 9.3.
2.. Under section 350 -9.3 found that the change did not involve a sign (see § 350 -7 for signs) and the change does not increase the
nonconforming nature of the property and does not create any new zoning violation (such as further reducing a setback or minimizing
open space).
The Board determined that site improvements come closer to meeting the standards and the Board found that it would be impossible to
meet the standards in section 9.1 in its entirety relative to the 30' planting buffer to the residential neighborhood and a 10' wide landscape
strip at the sidewalk as it would render the site unusable. As required some amount of planting will be installed between the sidewalk and
the parking area as shown on the plans and conditioned herein.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
11/8/2011 12/3/2011 12/22/2011
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
11/26/2011 1/22/2012 12/8/2011 12/22/2011 1/1/2012
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
11/24/2011 12/8/2011 12/8/2011 12/12/2011
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
12/1/2011 7 :40 PM 12/22/2011 2/26/2012
MEMBERS PRESENT: VOTE:
Elizabeth Silver votes to Grant
GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc.
•
Ai fit
File # MP- 2012 -0049
APPLICANT /CONTACT PERSON DUPREY NICHOLAS D & BETTY LOU
ADDRESS/PHONE 164 Northampton St (413) 527 -5401 0
PROPERTY LOCATION 144 KING ST
MAP 24D PARCEL 161 001 ZONE HB(100)/
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid d
Building Permit Filled out
Fee Paid
Typeof.Construction: ZPA - AUTO GLASS SHOP
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: S EM (4'1T°
4pproved _ Additional permits required (see below) �� �� N G �� 6/�-
i'vt.0 Gf' M y 6 i r I 1 Z
PLANNING BOARD PERMIT REQUIRED UNDER : §
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
N4
Permit from Conservation Commission Permit from CB Architecture Committee
V
Permit from Elm Street Commission Permit DPW Storm Water Management
r I i 9 j/ 2
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.
City of Northampton
$
Massachusetts
(4 4 DEPARTLENT OF BUILDING INSPECTIONS
�= 212 Main Street •Municipal Building
Northampton, MA 01060
� t7
Nicholas and Betty Lou Duprey
164 Northampton Street
Easthampton, MA 01027
January 20, 2012
Map 24D, plot 161
Dear Property Owners,
I have reviewed the zoning application for the property at 144 King Street here in Northampton.
In accordance with the finding approved by the Zoning Board of Appeals, I have approved use of the
property by J. N. Phillips Auto Glass as an automobile repair facility.
The Zoning Board set conditions of approval requiring two planting strips, one along King Street
and one along Bright Street. It is impractical to do this sort of work during winter. You may occupy the
building at this time but the work on the planting strips must be completed by June 1, 2012.
1 have included a copy of the Zoning Board's decision. Please contact me if you have any
questions.
Respectfully,
Louis Hasbrouck
City of Northampton
Building Commissioner
Tel. (413) 587 -1240
Fax (413) 587 -1272
Email lhasbrouck@city.northampton.ma.us
Cc Office of Planning and Development
Philip Rosenfield