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Zoning Board of Appeals - Decision City of Northampton
Hearing No ZBA-2012-0007 Date: December 12, 2011
111 11 I
APPLICATION TYPE: SUBMISSION DATE
Commercial Finding 10/3/2011 Bk: 10777Pg: 333 Page: 1 of 2
Recorded: 01/11/2012 11:69 AM
Applicant's Name: Owner's Name:
NAME: NAME: •
94 Industrial Drive, LLC c% Robert T. Foote, 94 industrial Drive, LLC c/o Robert T. Foote, J
ADDRESS: ADDRESS:
P.O. Box 177-94 Industrial Drive P.O. Box 177-94 Industrial Drive
•
TOWN: STATE: ZIP CODE TOWN: STATE: ZIP CODE:
NORTHAMPTON MA 01060 NORTHAMPTON MA 01060
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
94 INDUSTRIAL DR GI(1001/
TOWN: ACTION TAKEN: ADDRESS:
NORTHAMPTON MA 01060 Approved w/ Conditions
MAP: I BLOCK I LOT: MAP DATE: SECTION OF BYLAW:
25A 182 001 ( Chpt 350- 9.3: Pre-existing Nonconforming TOWN: STATE I ZIP CODE:
Book' •g•: Structures or Uses May be Changed,
2034 007 Extended or Altered. PHONE NO.: FAX NO.:
EMAL ADDRESS:
NATURE OF PROPOSED WORK
2 ADDf1HONAL STORAGE BLDGS (15 X 200 & 65X 115)
HARDSHIP
CONDITION OF APPROVAL:
1) All stonnwater requirements shall be met in accordance with Dept of Public Works Standards.
2. Permit Valid upon final approval of all permits including permit from Planning Board.
FINDINGS:
The Zoning Board of Appeals granted the Finding based on the materials and graphics submitted with the application.
The Findings of the Board under Section 9.3 for the change to a non - conforming use were based on the plans and Information submitted
with the application.
The Board found the following:
1. The proposed protect 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).
COULD NOT DEROGATE BECAUSE:
FILING DEADUNE: MAILING DATE: HEARING CONTINUED DATE DECISION DRAFT BY: APPEAL DATE:
11/8/2011 12/3/2011 12122/2011
REFERRALS IN DATE: HEARING DEADUNE DATE: HEARING CLOSE DATE FINAL SIGNING BY: APPEAI. DEADLINE
11/26/2011 12/7/2011 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:
12/112011 _ 7:45 PM 12/22/2011 , 1/11 /2012
MEMBERS PRESENT: VOTE:
Elizabeth Sliver votes to Grant
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 I Elizabeth Silver 3-0 I Granted w/ Conditions
GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc.
Bk: 10777 Pg: 337 •
January 4, 2012
I, Wendy Mazza, City Clerk of the City of Northampton,' hereby certify that the Decision of
the Northampton Planning Board was filed in the Office of the City Clerk on December 13,
2011, that twenty days have elapsed since such filing and that no appeal has been filed in
this matter..
At test
City erk
City of Northampton
BT: 11AMPSE R81, l • T RIBG181101 •
• PATRICIA A. P
•
• Bk: 10777 Pg: 336
Planning - Decision City of Northampton
Hearing No.: PLN -2012 -0006. Date: December 13, 2011
C. The requested use will promote a harmonious relaflonship 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. The
construction materials and methods for water lines, sanitary sewers, storm sewers, fire protection, sidewalks, private roads, and other
infrastructure shall be those set forth in the Northampton Subdivision Regulations
E The requested use meets any special regulations set firth In this chapter.
F. Compliance with the following technical performance standards:
(1) Curb cuts onto streets shall be minimized Access to businesses shall use common driveways, existing side streets, or loop service
roads shared by adjacent lots when possible. More than one curb cut shall be pennitted only when necessary to minimize traffic and
safety impacts.
(2) Pedestrian, bicycle and vehicular traffic movement on site must be separated, to the extent possible, and sidewalks must be provided
between businesses within a development
(3) Major projects, except In the Central Business District, must be designed so there is no increase in peak flows from the one- or two-
and ten -year Soil Conservation Service design storm from predevelopment conditions (the condition at the time a site plan approval Is
requested) and so that the runoff from a four- to ten-Inch rain storm (first flush) is detained on site for an average of six hours. These
requirements shall not apply If the project will discharge into a City storm drain system that the Pianning Board finds can accommodate
the expected discharge with no adverse Impacts. in addition, catch basins shall Incorporate sumps of a minimum of three feet and If they
will remain privately owned, a gas trap. -
COULD NOT DEROGATE BECAUSE
FILING DEADLINE MAILING DATE HEARING CONTINUED DATE DECISION DRAFT BY: APPEAL DATE:
11/17/2011 12/1/2011 12/22/2011
REFERRALS IN DATE HEARING DEADUNE DATE HEARING CLOSE DATE FUNAL SIGNING BY: APPEAL DEADLINE
11/24/2011 2/3/2012 12/8/2011 12/22/2011 1/2/2012
FIRST ADVERTISING DATE HEARING DATE VOTING DATE DECISION DATE
11/24/2011 12/82011 12/8/2011 12/132011
SECOND ADVERTISING DATE HEARING TIME VOTING DEADLINE DECISION DEADUNE:
12/1/2011 9:00 PM 3/7/2012 3/7/2012
MEMBERS PRESENT: VOTE
Andrew Weir votes to No Action Needed
P
Debin Bruce votes to Grant i j .. i � �? lc
Marilyn Richards votes to Grant - - • i • • I
Katharine G. Baker • votes to Grant u( ` Lt 1 DEC 1 3 2011 1:
Stephen Gilson votes to Grant f �. i
JenniferDierin
ger votes to Grant ----J
-" '. - l �r Ct
Mark Sullivan votes to
Grant ��,:. i � . „�: ;,..;; 0, 060
Frands Johnson votes to Grant
TION MADE BY: SECONDED BY: COUNT: DECISION:
Katharine G. Baker ( Jennifer Dieringer 7-0 l Approved with Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development
1, Wayne Fe/den, as agent to the Planning Board, certify that this is a true and accurate derision 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 the date shown above.
I cceer'tify that a copy of thls� on has been mailed to the pwner and Applicant •
•
Notice of Appeal
An appeal from the derision of the Planning Board may be made by any person aggrieved pursuant to MOL Chapt 40A, Section 17 as
amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk The date is listed above. Such
appeal maybe made to the Hampshire Superior Court with a certified copy Otte appeal sent to to City Clerk of the City of Northampton. •
GeoTMS® 2011 Des Lauder' Municipal Solutions, Inc. •
Bk: 10777 Pg: 335
Planning - Decision City of Northampton
Hearing No.: P LAN2012 -0006 Da te: December 13, 2011 i � ��
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{ u Ul �i�, � i'
APPLICATION TYPE I SUBMISSION DATE: % .",
PB Major Site Plan 1013/2011 Bk: 10777Pg: 335 Page: 1 of 3
Recorded: 01/11/2012 11:69 AM
Applicant's Name: Owner's Name:
NAME NAME
94 industrial Drive, LLC c/o Robert T. Foote, FOOTE ROBERT T JR
ADDRESS: ADDRESS:
P.O. Box 177- 94Industrlal Drive P.O. BOX 177
TOWN: STATE ZIP CODE TOWN: STATE ZIP CODE:
NORTHAMPTON MA 01060 NORTHAMPTON MA 01061 -0177
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
(413) 984.3379 0 _
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SiTE ZONING: COMPANY NAME:
94 INDUSTRIAL DR GK1001/
TOWN: ACTION TAKEN: ADDRESS:
NORTHAMPTON MA 01060 Approved With Conditions
MAP: I BLOCK I LOT: I MAP DATE SECTION OF BYLAW:
25A 182 001 Chpt 350- 11: Site Plan Approval Town STATE zw CODE
Bodo ape
- 2034 007 PHONE NO.: FAX N0.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK •
2 ADDITIONAL STORAGE BLDGS (19 X 200 d 69 X 115)
HARDSHIP:
CONDmON OF APPROVAL
1) Prior to Issuance of a permit, the applicant must show that st nnwaterstandards for TSS removal and
detention of a 10 year storm are adequately met as determined by Office of Planning and Development
and Department of Public Works staff.
2. Prior to start of the construction or issuance of a building permit, the applicant must complete a
stormwater management operation, Inspection and maintenance agreement that defines and ensures
long term maintenance of the proposed stormwater system to the satisfaction of the DPW.
3. Ughting on Building 10 only shall not exceed 3 loot - candies. Bulb wattage shall be reduced to
attain this level. The project shall meet all other lighting standards in the zoning •
FINDINGS:
The Planning Board based its decision to grant the site plan on the request for site plan approval based on the following information
• submitted and as revised at the hearing:
1. 94/ndusbtal Drive Spaces for Rent New Storage Buildings 9 and 10, prepared by Heritage Surveys, Inc. Dated September 29, 2011 with
final revision dab of December 7, 2011. Sheets 1 -5.
2. Revised Drainage Calculations New Storage Buildings 9 and 10 Spaces For Rent Prepared by Heritage Surveys, Inc. dated September
29, 2011 with final revision date of December 7, 2011.
3. Supplemental information and Memo from Heritage Surveys to City of Northampton Conservation Commission dated November 18,
2011.
In granting the major site plan, the Board found that
•
A. The requested use protects adjoining premises against seriously detrimental uses and
B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on acJacent
streets, minimize trams impacts on the streets and roads in the area. If applicable, this shall include considering the location of driveway
openings in relation to traffic and adjacent streets, access by public safety vehicles, the arrangement of parking and loading spaces, and
provisions for persons with disabilities; and: •
(2) The protect, Including any concurrent road improvements, will not decrease the level of service (LOS) of all area City and state roads
or intersections affected by the project below the existing conditions when the project is proposed.
I
GeoTMSO 2011 Dee Laurier' Municipal Solutions, Inc.
File # MP- 2012 -0029 0( 0)
APPLICANT /CONTACT PERSON FOOTE ROBERT T JR Q
ADDRESS/PHONE P.O. BOX 177 (413) 584 -3379 O liV ,,, k)
(
'
PROPERTY LOCATION 94 INDUSTRIAL DR 1.1 4 ." a S �
MAP 25A PARCEL 182 001 ZONE GI(100)/ 1 ,( . 4
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT 1 � � 1_ /�
Fee Paid /
Building Permit Filled out
Fee Paid
Typeof Construction: ZPA - 2 ADDITIONAL STORAGE BLDGS (15 X 200 & 65 X 115)
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 OLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INF R MATION PRE SENTED :
Approved Additional permits required (see below)
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
Permit from Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street Commission Permit DPW Storm Water Management
67 //L-4--)-J //t6/1/
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.