32C-130 (10) 04'��pTO
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
NORTHAMPTON, MASSACHUSETTS 01060
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DATE: MAR 13 1989
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: MICHAEL G. SISSMAN
ADDRESS: 16 HAMPTON TERRACE
CITY: NORTHAMPTON, MA
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 74 CONZ STREET, 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: �Q�� C� - Y
Chairman Secretary
FORM 1094
Northampton Zoning Board of Appeals
March 1, 1989 Meeting
Page Two
plans, and it will not be taken down.
Dr. Laband moved the Public Hearing be closed. Mr. Weil seconded,
and the motion passed unanimously.
Dr. Laband then turned to the Special Permit granting criteria as
found in Section 10. 10 of the Northampton Zoning Ordinance, and
addressed them: "Let' s correct the typo on the Application--
Applicant seeks a Special Permit under the Provisions of Section
5. 2, subparagraph 13 (b) on Page 5-3 of the Zoning Ordinance, for
mixed residential/business use in new development in the URC
District. The requested use is allowed by Special Permit. There
is a positive relationship to the public welfare in that, although
the area is primarily business, the city needs housing, and I
commend the Applicant for modifying his plans to include it. We
preserve the best of two possible worlds. The requested use does
not create undue traffic congestion or impair pedestrian safety,
there is no overload of municipal systems, and it does not impair
the integrity of the zone--it is in harmony with the character of
the neighborhood. Dr. Laband attached two conditions to the
Permit: The Applicant must satisfy the DPW regulations concerning
the utility connections, and the Norway Maple tree at the rear of
the parcel not be disturbed.
Mr. Weil said that he concurred and would vote in favor.
Ch. Buscher also said that he concurred, but said he has been and
is opposed to putting office buildings in the URC zone with or
without accompanying residential units. It causes erosion of
neighborhoods. Mr. Sissman has replaced the three dwelling units-
-not all developers are so cooperative. I don' t view this part of
the zoning ordinance as particularly positive, but this is allowed
by Special Permit, Mr. Sissman has met the requirements, and we
replace an eyesore. "
Dr. Laband moved in favor of Site Plan Approval and the granting
of the Special Permit with the two conditions Mentioned above. Mr.
Weil seconded, and the motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
Northampton Zoning Board of Appeals
March 1, 1989 Meeting
Page One
The Northampton Zoning Board of Appeals met at 8: 00 p. m. on
Wednesday, March 1, 1989 in Council Chambers, Wallace J. Puchalski
Municipal Building to conduct a Public Hearing on the Applications
of Michael G. Sissman for Site Plan Review under the Provisions of
Section 10. 11, and a Special Permit under the Provisions of Section
5 . 2, to allow construction of a building containing three
commercial condominiums on the first floor, and three rental
condominium residential apartments on the second floor, in a URC
District, at 74 Conz St. , Northampton. Present were Chairman
Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr.
Ch. Buscher opened the Public Hearing by reading the Applications,
the applicable section of the zoning ordinance, the Special Permit
granting criteria from Section 10 . 10 , and a memorandum from the
Northampton Planning Board advising that they voted unanimously to
recommend approval on both counts.
Ch. Buscher queried Atty. Gervais, who appeared for the Applicant,
on whether or not he was applying under the correct sub-paragraph
of Section 5. 2. Atty. Gervais realized that he should have under
subparagraph 13 ; that the section shown on the Application was
correct, but the Page number was incorrect. With that cleared up,
mr. Gervais continued with his presentation. He related how this
proposal had been before the Planning Board some months ago without
the residential units. Since the project involves tearing down a
structure having three residential units, the Planning Board sent
the Applicant away to alter his plans to include three residential
units to replace the ones being destroyed. The applicant complied,
and is here tonight with these new plans, involving a 21,000 SF lot
with a 5, 000 SF building, the residential units having 720 SF each
with roof decks. There are 23 parking spaces, the exact number
called for in Section 7. He said that in response to the Planning
Board' s two conditions, they are working with the DPW on utility
connections, and will freely comply with the request for vegetative
screening on the north side of the parking lot. He concluded, "We
see no overloading of municipal systems, the DPW OK'd the traffic
issue, the building is consistent with uses in that area, and we
will make a much better looking facility than the building that' s
there now."
Ch. Buscher asked who the direct abutters were, and was told,
"Ralph' s Blacksmith Shop and an auto body shop. " The Chair called
for proponents, and Jack Fortier, an abutter, said, "The aesthetics
of the present building are not that great. This is a business
area and this is not detrimental. "
There were no opponents, and when neutral comments were called for,
Steve Brown, the present owner of the property, said he hoped the
large, Norway Maple tree at the rear of the parcel be preserved.
Mr. Sissman replied that the tree does not interfere with his
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NORTHAMPTON ZONING BOARD OF APPEALS DECISION
MICHAEL G. SISSMAN SPECIAL PERMIT REQUESTS
PAGE TWO
j Special Permit in the URC District.
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2. There is a positive relationship to the public i
welfare in that, although the area is primarily business, the
city needs rental housing, and the Applicant has modified his
original plans to include three one-bedroom apartments.
3 . The requested use does not create undue traffic
congestion or impair pedestrian safety.
I+ 4. The proposed use does not overload any municipal
systems.
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5 . The proposed use does not impair the integrity of
the zone, and is in harmony with the character of the
I� neighborhood.
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I� The following conditions shall apply:
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1. The Applicant must satisfy the Department of Public
Works regulations relative to utility connections. j
2. The large Norway Maple tree at the rear of the +!
I� property must not be disturbed.
3 . Tall, dense green plantings be established to screen
the parking area from the neighbors. j
Robert C. Buscher, Chairman
Dr. Peter Laband
M. Sanford Weil, Jr.
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DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
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At a meeting held on March 1, 1989, the Zoning Board of the
City of Northampton voted unanimously to GRANT the request
of Michael G. Sissman for Site Plan Review and Approval under
the Provisions of section 10 . 11, and a Special Permit under
the Provisions of Section 5. 2 to allow construction of a
building containing three commercial condominiums on the
first floor, and three rental condominium residential
±j apartments on the second floor, in a URC District at 74 Conz
Street, Northampton. Present and voting were Chairman Robert
I; C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr.
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The Findings were as follows:
1. As to the request for Approval of the Site Plan: j
II A. If the conditions are adhered to, the plan protects
adjoining premises against seriously detrimental uses by
provisions for surface water drainage, sound and light
buffers, and preservation of views, light and air.
B. The plan allows for the convenience and safety of
vehicular and pedestrian movement within the site and on
it adjacent streets, the location of driveway openings in
relation to traffic, access by emergency vehicles, and to
I adjacent streets and, when necessary, compliance with other
regulations for the handicapped, minors, and the elderly.
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C. The plan provides a sufficiency and proper
arrangement of parking and loading spaces in relation to the
proposed uses of the premises.
D. The relationship of structures and open spaces to the
natural landscape, existing buildings and other community J}
assets in the area will be maintained if the conditions to
this Permit are adhered to.
E. There are no adverse impacts on the city' s resources,
including the effect on the city' s water supply and
distribution systems, sewage collection and treatment
systems, fire protection or streets.
As to the Special Permit under the Provisions of Section 5. 2:
1. The Board corrected the typographical error in the
Application to read that the Special Permit is requested
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under sub-paragraph 13 (b) on Page 5-3 . The use requested,
mixed residential/business in new development, is allowed by j
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g' $ CITY OF NORTHAMPTON
$ ZONING BOARD OF APPEALS
c _ NORTHAMPTON, MASSACHUSETTS 01060
cM 6
MAR 13
DEPT.OF BUILDING INSPECTIONS
NORTHAMPTON,MA.09060 AA
DATE: March 13 , 1989
RE: THE APPLICATION OF MICHAEL G. SISSMAN FOR SITE PLAN APPROVAL,
AND A SPECIAL PERMIT ALLOWING CONSTRUCTION OF A BUILDING CONTAINING
THREE COMMERCIAL CONDOMINIUMS AND THREE RESIDENTIAL APARTMENT
CONDOMINIUMS AT 74 CONZ STREET, 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: March 13, 1989
Granting the Special Permit requested by: Michael G. Sissman
For Property Located at: 74 Conz Street, Northampton
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.
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Robert C. Buscher, Chairman