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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