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18D-004 (26) Y - pi, CITY OF NORTHAMPTON # 6 ''i''L"' t 1! ZONING BOARD OF APPEALS I , a' NORTHAMPTON, MASSACHUSETTS 01060 DATE: APR 3 0 1990 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: WILLIAM D. AND EVELYN F. MOCK ADDRESS: 104 DAMON ROAD CITY: NORTHAMPTON, MA 01060 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: 104 DAMON ROAD, NORTHAMPTON. And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance /Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance or 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON ./ `� By : ...✓ , _ ay Chairman Secretary v t1A4p 7 •� CITY OF NORTHAMPTON W. •� -.. ZONING BOARD OF APPEALS *'"���� ± NORTHAMPTON, MASSACHUSETTS 01060 DATE: APR 3 0 1990 RE: THE APPLICATION OF WILLIAM AND EVELYN MOCK FOR A SPECIAL PERMIT TO ALLOW AN AUTOMOTIVE REPAIR /SERVICE STATION AT 104 DAMON ROAD, NORTHAMPTON. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the Special Permit, with several restrictive conditions. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. Robert C. Buscher, Chairman Zoning Board of Appeals - April 18, 1990 Meeting Page Two reconditioning, including engine and rug shampooing, vinyl seat steam cleaning, upholstery reconditioning, accessory attachment and sun roof installations, pinstriping, decal and insignia application, washing, cleaning, waxing, sealing and buffing, wetsanding, and paint touch -up. What Albano asks for is what's been done there for the past three years. The abutters want waste water stored in a holding tank, but the Applicant already does that. The Applicant's landscaping requests and limit on the number of employees are things I'm not inclined to do. Finally, the Applicants want a review once every two years, but I prefer to let the Building Inspector police it and not have the Applicant reapply." Dr. Laband so moved and the motion to grant the Special Permit with the above conditions passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals April 18, 1990 Meeting Page One The Northampton Zoning Board of appeals net at 7:00 p. m. on Wednesday, April 18, 1990 in Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, to continue the Public Hearing on the Application of William and Evelyn Mock for a Special Permit to allow an automotive repair /service station at 104 Damon Road. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and William Brandt. Atty. Alfred Albano representing the Applicants, commented, "I submitted a written proposal for a decision and addressed the Special Permit criteria. One of the concerns was a description of just what goes on in the barn. I believe my language encompasses all that goes on in there and nothing more. We sent a letter to River Run and they responded. We would be satisfied to be allowed to do only what we are now doing, with no more restrictions than I proposed in my memo. I don't care to do River Run's landscaping. We have been there for three years with no problems." None of the Board members had any questions. Gail Matthews, President of the Board of Trustees of River Run said, "We have no problems with what Mr. Albano has submitted. Do you review this periodically ?" Ch. Buscher said, "We can do that." There was no one else present wishing to speak, so Dr. Laband moved the Public Hearing be closed. Mr. Brandt seconded, and the motion passed unanimously. Mr. Brandt stated, "I find that the requested use is listed in the Table of Use Regulations as requiring a Special Permit in this district; the use bears a positive relation to the public good in that it provides a needed service; no undue traffic congestion will be created; Article XI does not apply; the use will not impair the integrity of the zone - -there are automobile dealerships /body shops in the immediate vicinity. Both parties have come to an agreement, and I will vote in favor of this including Mr. Albano's conditions. Dr. Laband commented, "How do you define the work being done there ?" was my question at the last meeting. I concur with Bill, adding Mr. Albano's conditions. Ch. Buscher added, "In large part I agree with Bill and Peter. The definition of activities on the premises was my problem. The Table of Use Regulations don't precisely define what Mock's tenant does. There are uses in this city that very closely approximate this activity that we as a board have allowed. The definition is broad enough to include this, so I do find that it is listed in the Table of Use Regulations. Pedestrian activity on Damon Road is very not particularly great, there will be a limited number of customers, therefore no undue traffic congestion. As to conditions, the Applicant and abutters are in agreement in large measure: 1) No underground fuel storage. 2) Work is to be conducted within the building. 3) No additional lighting shall shine in the direction of River Run. 4) The work to be allowed shall be limited to automobile Northampton NORTHAMPTON ZONING BOARD OF APPEALS DECISION WILLIAM AND EVELYN MOCK APPLICATION PAGE TWO 3. No underground fuel storage tanks are allowed. 4. No additional lighting shall be projected from the barn in the direction of the River Run Condominiums. 5. Waste water is to be stored in a holding tank; the Applicant is not required to do any landscaping between his location and the River Run Condominiums; there is no limit placed on the number of employees Applicant may have; this Board does not require any periodic review of the Applicant's performance relative to the conditions that are imposed. The Special Permit is granted. Robert C. Buscher, Chairman ;/ William R. Br. dt Dr. Peter Laband l 7 /T2 LI o5, DECISION OF OR � NORTHAMPTON ZONING BOARD OF APPEALS 8U% ON MA OIOfip At a meeting held on April 18, 1990, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the Application of William and Evelyn Mock for a Special Permit under the Provisions of Section 5.2 of the Northampton Zoning Ordinance to allow an automotive repair /service station at 104 Damon Road. Present and voting were Chairman Robert C. Buscher, William Brandt, and Dr. Peter Laband.. The Findings are as follows: The requested use is listed in the Table of Use Regulations as requiring a Special Permit in this district. The requested use bears a positive relationship to the public convenience and welfare in that it provides a needed service. The requested use will not create undue traffic congestion, nor will it unduly impair pedestrian safety. The number of customers is estimated to be three or four per day, which will add very little traffic, and pedestrian activity on Damon Road is not particularly great. The requested use will not overload any municipal systems. The waste water from the business is stored in a holding tank and taken away by a private contractor. Article XI does not apply. The requested use will not impair the integrity or character of the district or adjoining zones, and is in harmony with the general purpose and intent of the ordinance. It is noted that Northampton Ford, a new /used car dealership is across the street, and Cahillane Auto Body /Car Leasing is in the immediate vicinity. The following conditions shall apply: 1. The work conducted on the premises shall be limited to automobile reconditioning, including engine and rug shampooing; vinyl seat steam cleaning; upholstery reconditioning; accessory attachment and sun roof installations; pinstriping; decal and insignia application; washing, cleaning, waxing, sealing and buffing; wetsanding; and paint touch -up. 2. All work shall be conducted within the barn, and all vehicles shall be parked within a thirty foot buffer area surrounding the barn.