22B-041 (3) Planning - Decision City of Northampton
Hearing No.: PLN -2011 -0013 Date: October 22, 2010
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
9/23/2010 10/7/2010 10/28/2010
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
9/30/2010 11/21/2010 10/14/2010 10/28/2010 11/11/2010
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
9/30/2010 10/14/2010 10/14/2010 10/22/2010
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
10/7/2010 7:45 PM 1/12/2011 1/12/2011
MEMBERS PRESENT: VOTE:
Andrew Weir votes to Grant
Marilyn Richards votes to Grant
Stephen Gilson votes to Grant
Jennifer Dieringer votes to Grant
Mark Sullivan votes to Grant
Francis Johnson votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Marilyn Richards , Jennifer Dieringer 6 Approved with Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
1, Wayne Feiden, as agent to the Planning Board, certify that this is a true and accurate decision 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 certify that a copy of this decision has been mailed to the Owner and Applicant.
Notice of Appeal
An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL 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 may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton.
OCT 22 2010
CITY CLERKS OFFICE •
NORTHAMPTON, MA 01060
November 15, 2010
I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above Decision
of the Northampton Planning Board was filed in the Office of the City Clerk on October 22,
2010, that twenty days have elapsed since such filing and hat no appeal has been filed in
this matter.
Attest:
City Clerk, CI.* of Northampton
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc. �j, ,� �
ATTEST. HAMPSHIRE, OO aage IY .L EGIBTER
MARIANNE L. 1 O
ili Pla nning - Decision City of Northampton ttIM11111
Hearing No.: PLN -2011 -0013 Date: October 22, 2010 Bk: 10371 Pg: 257 Page: 1 of 2
Recorded: 11/15/2010 12 :48 PM
APPLICATION TYPE: SUBMISSION DATE:
PB Special Permit with Intermediate 9/17/2010
Applicant's Name: Owner's Name:
NAME: NAME:
Kerry Avezzie PUN FAMILY LLC
ADDRESS: ADDRESS:
32 Berikshire Ave. 191 SOUTHWICK RD
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
SOUTHWICK MA 01077 WESTFIELD MA _ 01085
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
176 PINE ST NB(100)/
TOWN: ACTION TAKEN: ADDRESS:. -
FLORENCE MA 01062 Approved With Conditions
MAP: BLOCK LOT: MAP DATE: SECTION OF BYLAW:
22B 041 _ 001 Chpt. 350- 10.1: Permit Time Limits TOWN: STATE: ZIP CODE:
Book Page:
4853 143 PHONE NO.: FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
RESTAURANT LESS THAN 50 SEATS.
HARDSHIP:
•
CONDITION OF APPROVAL:
1) Prior to issuance of a certificate of occupancy, the required grease trap shall be installed. Said grease
trap must be maintained to prevent grease from entering city sewerage.
FINDINGS:
The Planning Board approved the application for a special permit for a restaurant based upon the plans and information submitted with
the application.
In granting the permit, the Board found that the following required elements had been met: •
(1) The requested use protects adjoining premises against seriously detrimental uses. The commercial center has a mix of businesses
including another restaurant.
(2) The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent
streets, minimize traffic impacts on the streets and roads in the area. There will be no additional impact. The hours of operation in the
early morning until early afternoon do not conflict with peak trips within the city. The previous retail use had evening peak trips. There is
ample parking on site.
(3) The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings
and other community assets in the area No site changes are proposed.
(4) 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; and
(5) There are not special regulations to meet regarding restaurants
(6) The requested use bear's a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of
character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use shall be in harmony with
the general purpose and intent of the ordinance; and
(7) If applicable, the requested use will promote City planning objectives to the extent possible and will not adversely effect those
objectives, as defined in City master or study plans adopted under MGL c. 41, § 81C and 81D.
COULD NOT DEROGATE BECAUSE:
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
File # MP- 2011 -0036
APPLICANT /CONTACT PERSON AVEZZIE KERRY
ADDRESS/PHONE 32 BERKSHIRE AVE (413) 569 -9657 Q
ttift16 ST
ry pAttaimi 001 Z o .: NB(100)/
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ONING FO' ILLED OUT
Fee ' al.
Building Permit Filled out /�// y
Fee Paid (i t
Tvpeof Construction: ZPA - RESTAURANT LESS THAN 50
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
INFOAMATION PRESENTED:
(, _ /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*
V 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
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.