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SCHEINMAN, GOLDMAN & DEFAZIO
7 Pleasant Street ATTORNEYS AT LAW Alan Scheinman
Northampton, Mass. 01060 Samuel Goldman
(413) 584 - 1893.586 -6161 Joseph DeFazio
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November 21, 1985
City of Northampton /11,014.77n
Building Inspection Department
City Hall Annex Q { r , 'r' f
Northampton, MA 01060 "" s 1 r t
1 9 i
ATTN: Mr. Ted Tewhill 022
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RE: Robert Gouqeon D EPT-OF LOWING 01ISPECTlCt�
Property Located at NORTHMOTOR MA.01060
236 Pleasant Street
Dear Mr. Tewhill:
This office represents Robert Gougeon who recently purchased the
property at 236 Pleasant Street from United Transmission.
Bob tells me that you told him that you'd require a special
permit if he planned to do work there that differed from the work
done by United Transmission. He also told me that you wanted a
letter from United Transmission listing the services they had per-
formed.
I have enclosed a letter from Mr. William Daly, the principal
owner of United Transmission, that you requested. Mr. Gougeon plans
to use the property for substantially the same purposes for which
United Transmission used it.
If you still feel a special permit is necessary, then please call
me, so we can discuss it further.
Thank you. -4 , f 3
) 7V12 0E COLILS S
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2 .' &c) qqqq ) / Alan Scheinman
AS:jal
Enclosure
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Northampton Zoning Board of Appeals
July 20, 1988 Meeting
Page Two
fair decision. Mr. Weil moved the meeting be closed and the
matter be taken under advisement, Mr. Brandt seconded, and the
motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. :uscher, Chairman
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Northampton Zoning Board of Appeals /\i I(; n ,r,
July 20, 1988 Meeting
The Northampton Zoning Board of Appeals met at 7:45 p. m. on July
20, 1988 in Council Chambers, Wallace J. Puchaiski Municipal
Building to conduct a Public Hearing on the Application of
William F. Hamelin for a Variance from the Provisions of Section
7.4 (2)(b) to allow him to attach a 4' x 6' sign to a pole owned
by Robert Gougeon at the corner of Pleasant and Short Streets,
directing people to Mr. Hamelin's furniture business on Short
St.in the GB District. Present and voting were Chairman Robert
C. Buscher, William Brandt, and M. Sanford Weil, Jr.
Ch. Buscher opened the Public Hearing, read the Application, read
the Legal Notice as published twice in the Daily Hampshire
Gazette, read a memorandum from the Planning Board, and by
agreement, waived reading Section 7.4. Mr. Hamelin showed the
Board many photographs of the building, and what one sees while
approaching the Short St. /Pleasant St. intersection from the
North and the South. Mr. Hamelin stated that there are "quite a
few signs in the area, and my sign wouldn't change the appearance
of the district." He said his hardship is that "we are far back
from Pleasant St. It's difficult for people to see my building.
Short St. is a private way. Customers keep telling me no one
knows where Short St. is." An existing pole in front of the
Muffler Shop at the corner of Short & Pleasant would be the
location of the 4' x 6' sign, the bottom of which would be 9' 9"
off the ground. It will not be a lighted sign.
Mr. Weil, who viewed the site, said, "The facility itself is
impossible to see from Pleasant St. From a Variance point of
view, he has a topographical problem." Mr. Brandt asked, "What
is unique about the building ?" Mr. Weil replied, "It is totally
hidden from view - -a hardship." Mr. Brandt suggested using
Roberto's and C & I Distributors as reference points in his
advertising.
Ch. Buscher opined that "there's a question on uniqueness and
hardship," and asked if Mr. Hamelin's business has been better
since his "tripod sign" went up. Mr. Hamelin replied, "Yes, and
the sign was damaged a month ago, and business is off by 75 %."
Ch. Buscher mentioned that one of the elements of hardship is
that "it was forced upon you! You chose to go into this
building."
No one else spoke in favor or in opposition, but Ed Zawacki of C
& I Distributors asked if "other tenants were going to put their
names on your sign ?" Mr. Hamelin replied, "No." Ch. Buscher
expressed surprise that Mr. Hamelin is paying $10 a foot rent,
and the landlord won't let you put a sign on the building. Mr.
Hamelin replied that the landlord didn't want to be bothered with
getting permits.
Ch. Buscher stated he felt he had to view the site to render a
oty
RIG 10,
Northampton Zoning Board of Appeals
July 27, 1988 Special Meeting
The Northampton Zoning Board of Appeals met at 5:00 p. m. on July
27, 1988 in Council Chambers, Wallace J. Puchalski Municipal
Building to announce a decision on the Application of William F.
Hamelin for a Variance from the Provisions of Section 7.4 (2)(b)
to allow him to attach a 4' x 6' sign to a pole owned by Robert
Gougeon at the corner of Pleasant and Short Streets, directing
people to Mr. Hamelin's furniture business on Short Street.
Present and voting were Chairman Robert C. Buscher, William
Brandt, and M. Sanford Weil, Jr.
Since the last meeting, Messrs. Buscher and Brandt viewed the
property.
Mr. Weil opened by saying, "I'm inclined to give it to him." He
felt no other business was as well hidden as Hamelin Furniture on
Short Street, and thought it amazing that a retail business could
exist there. He saw a financial hardship in that customers would
have a great deal of trouble finding the place. He felt the
suggested sign was not detrimental to the neighborhood and was
not harmful.
Mr. Brandt announced he would vote against it. "No one forced
Hamelin to move into that building." He felt there were many
buildings in town similarly well - hidden, but not used for retail.
He felt any hardship was self- imposed, and the requested sign
"flies in the face of what the city is trying to do with the sign
ordinance." He thought that granting the Variance would set a
bad precedent.
Ch. Buscher concurred with Mr. Brandt. "It's not the best
location, but he took the risk of going into business where he
did." He commented that Mr. Hamelin's $10 /sf rent was high
enough that his landlord should allow him to put a permitted sign
on the building, which would improve his visibility immensely.
He felt his advertising could be more explicit in directing
people, and ended with, "Regrettably, I too vote to deny."
Mr. Weil stated that he felt we were doing the Applicant a
disservice, and that our sign ordinance is flawed. Ch. Buscher
said he "wouldn't argue that."
The Applicant arrived at 5:15. Ch. Buscher told him, "You are
supposed to know what the situation is when you go into it," and
"Your landlord should let you put a sign on the building." Mr.
Brandt moved for denial of the Variance, and the motion passed 2-
1 (Mr. Weil.) Also presen as R. J. Pascucci, Board Secretary.
Robert C. Buscher, Chairman
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DECISION OF 4 > ..... -__,_. .... _ .
NORTHAMPTON ZONING BOARD OF APPEALS DP '
1
At a Special Meeting held on July 27, 1988, the Zoning
Board of Appeals of the City of Northampton voted 2 -1 to
DENY the request of William F. Hamelin for a Variance from
the Provisions of Section 7.4 (2)(b) of the Northampton
Zoning Ordinance to allow him to attach a 4' x 6' sign to a
pole owned by Robert Gougeon at the corner of Pleasant and
Short Streets, directing people to Mr. Hamelin's place of
II business at One Short Street, Northampton. Present and
1j voting were Chairman Robert C. Buscher, William Brandt, and
M. Sanford Weil, Jr.
The findings were as follows:
The minority, Mr. Weil, felt that the obscure, hidden
location of the Applicant's place of business at the end of
a little -known street was a unique characteristic, and felt
there was a distinct economic hardship to the Applicant in
that potential customers could not easily find the
Applicant's store. Mr. Weil thought it amazing that a
retail business could exist at that location.
The majority, Messrs. Buscher and Brandt, felt that the
Applicant had made a free will choice of locations for his
retail furniture business, and that any hardship due to
location was self - imposed. They further felt that there are
many businesses in Northampton similarly hidden from view.
I � Robert C. Buscher, Chairman
K
William B 'dt
7.7-
M. Sanford Neil, Jr. I
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Mr. Bruce Palmer
Building Inspector
City of Northampton
August 8, 1999
Dear Bruce,
In accordance with our telephone conversation of today I am
writing regarding my intended usage for property located at 236
Pleasant St., Northampton.
As I indicated, it is my intent to conduct a low-volume,
pre-owned, luxury and exotic car dealership at said location.
Servicing would be incidental to this business as required by the
Commonwealth when selling used automobiles.
The question raised is whether a special permit is required
to conduct such an operation or whether this can be construed to be
a continuance of a pre-existing non-conforming use. I say this because
that property has always had automotive uses dating back to 1939
when it was a Studebaker dealership and recently United Transmission
and the Muffler Shdp. Clearly it would appear that my intended
use is consistent with all prior use of said premises.
Will you kindly, at your earliest convenience review this request
for a finding as there is a September 15, 1989 closing scheduled
for this property which is contingent upon your approval.
I appreciate your prompt attention to this matter.
Yours Sincerely,
2 -.... ; - C-- ----7 ZI a " C f )
Edward L.Alford, President
Alford Motorcars, Inc.
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