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32C-143 (7) ATTACHMENT - question 9 The use, of this parcel for the business of selling used cars will be in the public interest because it will provide another market for people looking for good quality, low priced, used motor vehicles . Given the high cost of new vehicles and the many people who cannot afford them this will be extremely beneficial for the community . It is an appropriate place for a used car business inasmuch as it is near other businesses of a similar type, e . g. , motor vehicle repair , motor vehicle parts , etc . ; and on a main street i . e. , Pleasant Street (Route 5) . It should have no adverse impact on any residential neighborhood and is consistent with the present use being made of the land. There is no indication that the location of the used car business at this site will have any impact on traffic congestion, or adversely affect pedestrian safety in any way. For the most part, the vehicles will be on the lot and given the number of vehicles which the applicant seeks to have on the premises , it is not anticipated at this time that any demands will be made on the public water drainage or sewer as a result of the business locating at this sight. Overall , it appears that the use of this parcel for selling used motor vehicles is consistent with the integrity and character of the zone as it presently exists and is consistent with the general purposes and intents of the Northampton zoning Ordinance . FL S e �'� '& D MAID ,2 11984 DEPT.OF BUILDING INSPECTIONS NORTIiAMPTON,MA.01060 1 VGI 3 1 Alexander F . Wysocki 342 Pleasant St. N ' to;­-i vC i 0 Harold F . & 32. Doris A. Willard 360 Pleasant St N' ton 32 C 181 Walter & 376 Pleasant St. 33._ Patrick S .1 o k N' ton 01060 32 C 182 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. MW 23. 24. Of BU11WN6INAAL 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) /�VVVUVVi J 1 IYIR List of Abutters: Addfpp ps t Sheet No. Parcel ' Robert B. Harvey Children ' 1._Trustee w/ E . Lacy 525 Main St. E ' ton 32 C 177 2 William E . McCarthy 64 Lyman Rd N ' ton 32 C 149 254 Federal St. 3 Sheila E. Scanlan Monta ue 32 C 144 Paul F . Britt, Robert F . Route 9 (Haydenville) 4. Schneider & Roger Bergeron Williamsburg 32 C 145 Stephen Cahillane , Wm. Wood 10 Main St. 5 _ &Armand Duseau, Tr Of Florence MA 01060 32 C 141 Caldu ood Ent. Realty Trust 319 Pleasant St. 6. Samuel D. & Eliz . Husson Northampton 01060 '12 r 142 John F. Skibiski North Kin 7. Realty Partnership Northampton 01060 32 C 140 Forrest Voges 369 Pleasant St . 8. Bk _ 2164--338 N' ton 01060 32 C 1IR 19 Michelman Ave 9. Frances & Ch _.les Kosiorek N' ton 01060 32 C 146 612 So . Pleasant St. 10. Edward &TOan Hart Amherst 01002 32� 1117 John W. Staniszewski & 33 Manhan St. 11 Edwin L. Matusewicz N' ton 01060 32 C 148 121 Florida Ave 12 Helen Wysocki N' ton 01060 32 C 150 Pleasant St , 13 Margaret F . McHugh N' ton 01060 32 C 151 1981 Albany Ave 14 David S . Trager West Hartford CT 06117 32 C 152 8 Kingsley Ave 15 Caroline A. Welson N' ton 01060 32 C 153 Albert F . & 18 Kingsly Ave . 16 Joyce M. Touchette N' ton 01060 32 C 154 165 Bay Rd. 17. Mary Jane Sienkiewicz Hadley 01035 32 C 339 George A. & East Leverett Rd. 18, _ Marvin J. Spence Amherst MA 01002 32 C 346 United Transmission 236 Pleasant St . 19. Fxc-han2e of N' ton , Tnc _ N' tnn 01 n6 2 r 170 25 Henry St. 20. Charles Paquette N' ton 01060 '�2 r 171 Fraternal Order of Eagles 270 Pleasant St. 21. of N' ton , Inc N ' ton 01060 32 C 172 Robert B. Harvey 225 Main St . 22. E ' ton 01027 32 C 173 225 Main St. 23. Robert B. Harvey Eton 01027 32 C 174 225 Main St. 24. Robert B. Harvey E ' ton 01027 32 C 175 25 Henry St. 25. Charles J. Pacquette N' ton 32 C 337 225 Main St. 26. Robert B . Harvey E ' ton 01027 32 C 347 27. B & M Iron Horse Park, N. Billerica, MA01862 32 C 332 Harold F . & 360 Pleasant _- 28 Doris A. Willard N ' ton 0 '" F ; 32 C 176 William F . & 19 Fort rr`race `. 29 Penelope Boyle (Hayden Wmsb ' r 2 179 342 ilea ij 30. Alexander F. Wysocki N' ton 32 178 (Attach additional sheets, if necessary) � pINRID 1 +Do Not Write In These Spaces Application Number: z z Rec'd. B.1. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) By Date By Date Date A t, i De By Date { APPLIC. RL 16 JWEB DE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1 les R. Morin d/b/a/ ZULTtS Aid s t Sty Northampton MA (owner ' s address) 2. Owner of Property Sheila E . Scanlan Address 254 Federal St , Montague , MA 3. Applicant is: ❑Owner; El Contract Purchaser; L1 Lessee; ❑Tenant in Possession. 4. Application is made for: ❑VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. ®SPECIAL PERMIT under the provisions of Section 10. 10 page 10--4 of the Zoning Ordinance of the City of Northampton. ❑OTHER: 5. Location of Property 317 Pleasant St, being situated on the we s t e r 1 y side of Pleasant Street; and shown on the Assessors' Maps, Sheet No. 32 C Parcel(s) 143 6. Zone General Business (per building inspection) 7. Description of proposed work and/or use; To buy and sell used cars 8. (a) Sketch plan attached; ❑Yes ❑No (b) Site plan: ❑Attched 13Not Required 9. Set forth reasons upon which application is based: See attached 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to thgb�st of y k owI dge. �arles: R� Mo in, d/b/a. uli 's Date March 20, 1984 Applicant's Signature ` y fils torney, Jonat4th Z. Souw me i 5. Location of property should be indicated by street address; where the property is situated i.e. south side of South Street; and with reference to the sheet numbers and parcel numbers as designated on the assessors' tacx maps. 6. Indicate the zone in which the property is located. 7. State as concisely as possible the work you propose to undertake and/or your proposed use of the property should your application be approved. 8. SITE PLAN/PLOT PLAN: The applicant is required,as part of this application to submit a site/plot plan drawn AS NEAR TO SCALE as possible showing the-lot boundaries, dimensions of existing and/or proposed buildings and the distances from said buildings to said lot boundaries and all in- formation relevant to the consideration of the application. A copy of the site/plot plan should ac- company each copy of the application required to be filed. When the applicant is required under Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required. 9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that the applicant has met the requirements as set forth in either the General Laws of Massachusetts or the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these requirements prior to completing this item. (Attach additional sheets, if necessary) 10. Notice of the public hearing is required to be mailed, postage prepaid, to y all "parties in interest" as defined in Massachusetts General Laws, Chapter 40A, Se:tion 11. "Parties in interest", as used in this chapter, shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent app- licable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or-town." 11. Read and sign the application. If the applicant is a corporation, partnership, trust or other business entity, a duly authorized officer should sign. An attorney or other duly authorized representative of the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete application are required. It is the responsibility of the applicant to provide these copies. FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut- ter listed, is required to be paid upon the filing of the application with the Building Inspector. The applicant should be aware that if the application is approved, the Board of Appeals may, in its discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose such additional conditions as it finds reasonably appropriate to safe V.Vd, the neighborhood or - serve the purposes of the zoning ordinances. tk /�3b,:, osed in writing and the applicant may be further required to post bond i' �coop ` o,0 with said conditions in an amount satisfactory to the Board. u FOR ADDITIONAL INFORMATION, CONTACT: 1"�������`pp 2 01984 ' V, l.� City of Northampton Building Inspector OF 6101 ha pton Room 100,Municipal Office Building orN11U1M Appeals Office 212 Main Street Room 102, Municipal Office Building Northampton, Massachusetts 01060 212 Main Street Northampton, Massachusetts 01060 VIAM CA 'US TI f 613 fEA LEW.E.Of 194 ' APPLICATION TO THE CITY OF NORTHAM ZONING BOARD OF APPEALS N1�ECTgN$F OR VARIANCE OR SPECIAL PERMIT A 01080 1 This application folder includes an application form, addressed to the City of Northampton Zoning Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information intended to assist the applicant in properly completing the application. The application must be completed using a typewriter or hand printed block-type letters. All numbered items on the application must be completed. When completed and signed by the applicant, the application should be submitted to the Building Inspector for filing. Even though received, the application will not be considered "filed" with the Building Inspector until it has been reviewed to insure proper completion. A review of the application will be made within two business days from the date received by the Building Inspector. The applicant will be notified of any additional information required. Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to authorize a variance from the terms of the applicable zoning ordinance where the Board determines that the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15. Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended. Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended, which indicates uses which require special permits in particular zones. The general and specific condi- tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to Zoning Ordinances. The Zoning Board of Appeals is required to hold a public hearing to consider the merits,of each application. A notice of the public hearing will be published in the appropriate newspaper and written notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should familiarize himself with these rules prior to attending the public hearing. THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM REAPPLYING FOR TWO YEARS. APPLICATION INSTRUCTIONS 1. State name and address of applicant. 2. State name and address of the owner of property. 3. Indicate applicant's standing to apply. 4. Indicate whether this is an application for a variance or for a special permit. If you are making application for both, use a separate form for each (only one fee will be required). You may apply for more than one variance or more than one special permit on the same form. If other, so indicate and explain. LESSER, NEWMAN, SOUWEINE & NASSER ATTORNEYS AT LAW .THOMAS LESSER WILLIAM C. NEWMAN JONATHAN Z. SOUWEINE 39 MAIN STREET MERRY L. NASSER MARLA RUTH ALLISAN NORTHAMPTON,MASSACHUSETTS 01060 JULES A.WIENER•• March 20 , 19 8 4 413-584-7331 ±. WENDY SIBBISON' OF cOUNSEI. •NY BAR AI SO V L 1,E1 City of Northampton Zoning Board of Appeals U Room 102 MAR 2 0 1984 E} Municipal Office Bldg. � b 212 Main Street pOyECToo OED Northampton, MA 01060 MA 01060 RE: Application for Special Permit by Charles R. Morin, d/b/a Zuli's Dear Sir or Madam: Enclosed for filing please find the following: 1. Filing fee of $50 .00 for special permit 2 . Abutters filing fee of $66 .00 (33 abutters x $2 .00/abutter) 3. Original and eleven copies of Application for Special ` Permit 4 . Eleven copies of Plan With regard to the notice provisions, will you kindly advise whether you will be providing notice to all parties of interest or whether it is your practice for us to assist in this regard in any way, which we will be please to do upon request. Will you also kindly advise as to the date of the hearing at which time this application will be considered and whether the Board desires any additional material in support of this appli- cation. Thank you for your attention to this matter. Sinc ely,,.M Jonatha ' Z . Sd�weine JZS:kpl cc: City of Northampton Building Inspector, Charles R. Morin LESSER, NEWMAN, SOUWEINE & NASSER ATTORNEYS AT LAW THOMAS LESSER WILLIAM C.NEWMAN JONATHAN Z.SOUWEINE MERRY L.NASSER MARLA RUTH ALLISAN 39 MAIN STREET JULES A.WIENER'- WENDY SIBBISON' NORTHAMPTON,MASSACHUSETTS 01060 'OF OOUNgEL March 20, ,19 8 4 NY RwR ALSO 413-384-7331 City of NorthamptonQ 1�l Zoning Board of Appeals O M 9 Room 102 Municipal Office Bldg, W z 110 212 Main Street Northampton, MA 01060 per,OFS m—KCTIONS NORTHAMPTON MA.01060 RE: Application for Special Permit by Charles R. Morin, ".0" ZiU114-s �. Dear Sir or Madam: Enclosed for filing please find the following: 1• Filing fee of $50.00 for special permit 2 • Abutters filing fee of $66.00 C33 abutters x $2,00/abutter) 3• Original and eleven copies of Application for Special Permit 4 • Eleven copies of Plan With regard to the notice provisions, will you kindly advise Whether you will be p r roviding notice to all parties of interest or whethe it is your practice for us to assist in this r in any way, which we will be please to do upon request. egard Will you also kindl which_ time y advise as to the date of the hearing at this application will be considered and whether the Board desires- any additional material i cation. n support of this appli- Thank. you for your attention to this matter, Sincerely, JZS:kpl Jonathan Z. so eine cc: City of Northampton Building Ins. ect Charles R. Morin P or LESSER, NEWMAN, SOUWEINE & NASc L6 ' ATTORNEYS AT LAW ��pp �p 17't� 2 2 M4 THOMAS LESSER WILLIAM C. NEWMAN JONATHAN Z. SOUWEINE MERRY L.NASSER MARLA RUTH ALLISAN NORTHAMPTON,MASSACHUSETTS 01060 JULES A.WIENER*• March 22, 1984 413-584-7331 WENDY SIBBISON' 'OF COUNSEL *NY BAR ALSO Building Inspector City of Northampton 210 Main Street Northampton, MA 01060 RE : Application for Special Permit by Charles R. Morin, d/b/a Zuli' s, gated March 20, 1984 Dear Sir: With regard to Mr. Morin's Application for Special Permit, please note that on the Application in paragraph 4, where it requests designation of the provision of the zoning ordinance pursuant to which the Special Permit is requested, please note that the Application cites Section 10 .10 at page 10-4, which, as you know, is the General Special Permit provision which is applicable here because under the Table of Use provision, Mr. Morin intends to sell used vehicles in a zone where such use is permitted pursuant to Special Permit. See Principle use Number 5 under business district GB on page 5-8. I hope this adequately clarifies what I believe is apparent from the face of the Application. If you need any additional information please contact me at your earliest convenience. With your permission, I am forwarding a copy of this letter to the Zoning Board of Appeals and the City Clerk's office. Sincere, Jonathan Z. Souweine JZS:kpl cc: Zoning Board of Appeals City Clerk's Office Charles R. Morin 77;e: NORTHAI,IPTON BOARD OF APPEALS Public Hearing on Apolication of Dorothy Brozoski May 2 , 1984 The Board of Appeals held a public hearing at 8: 00 PM, May 2 , 1984, on the variance request of Dorothy Brozoski to convert her single-family home at 19 Fruit Street into a three-unit dwelling. Present were Chairman Robert C. Buscher, Peter Laband and Kathleen Sheehan. The Chairman read the public notice as it was published in the Daily Hampshire Gazette on April 11 and April 18; the Planning Board' s recommendation that the petition be denied; and the require- ments for a variance according to the Zoning Act. He noted that the variance is required because this particular lot lacks the necessary square footage and frontage. He advised those present of their right of appeal . Dorothy Brozoski , speaking on her own behalf, told the Board that she is the sole occupant of her 11-room home, and she would like to add two apartments, one on each of the two upper floors, while she retains the first floor for her own living quarters. Dr. Laband reminded the applicant of the requirements for a variance, and said that, on the basis of her presentation up to that point , he would have to vote to deny. He suggested that she request permission to withdraw and that she retain legal counsel before re- applying. Mrs. Brozoski agreed, and she then petitioned the Board to allow her to withdraw. It was then moved, seconded and voted unanimously to allow the applicant to withdraw without prejudice, and to recommend to the Building Inspector that the filing fee be waived when she re-applies. The hearing was adjourned at 8: 30 PM. Present, in addition to the Board members and the applicant , were Clare Fennessey, Clerk, and three interested citizens. Robert C. Suscher Chairman 10 , 8 1984 ENO n aMPTON, INSPECTIONS 0 ;ar:C� '� NC)Wn MPTON F3UAI:D OF' APPEALS Public Hearinq on Application of Charles R. Morin, d/b/a Zuli ' s AY 1 8 1984 May 2 , 1984 The Sb0 a public hearing at 7: 00 PM, May 2 , 1984, on tie special permit request of Charles R. Morin, d/b/a Zuli ' s , to buy and sell used cars in conjunction with his auto repair busi- ness on Pleasant Street . Present were Chairman Robert C. Buscher, Peter Laband, and Kathleen Sheehan. The Chairman read the Public notice as it was published in the Daily Hampshire Gazette on April 11 and April 18; the Planning Board recommendation that the petition be approved, subject to several conditions ; and the requirements for a special permit according to the zoning Ordinance. He advised those present of their right of appeal . Atty. Jonathan Souweine, representing the applicant , said that his client now owns a car repair business on Pleasant Street, and in conjunction with that business, he occasionally has the opportunity to buy used cars. He would like to resell these vehicles, but must have a license to do so from the local License Commission, which, in turn, will not issue the needed permission unless the applicant is in compliance with the City's Zoning Ordinance. The attorney said that Mr. Morin would be willing to abide by the conditions recommended by the Planning Board, and, referring to the condition that no cars be parked on the street, he told the Board that his client has a written agreement with Mrs. Sheila Scanlon to lease an empty lot on Michelman Avenue for storage of vehicles. Also, to facilitate inspection by the Building Inspector, Mr. Morin will post signs on the cars to be sold, clearly indicating which cars are to be sold, and which are under repair. He commented that, since his client could, by right, have any number of cars to be repaired on the lot, the three cars available for sale should not have a more adverse im- pact on the neighborhood than those allowed by right. There was no one present to speak in favor. Michael Cahillane of 'Cahillane Motors, speaking in opposition, noted the increase in the number of used car dealers in the City which, in his opinion, could affect his business. At this point, Atty. 3ouweine told the Board that the address of the repair business had been erroneously listed on the application, by his office, as 317 Pleasant Street, when, in fact, the correct address is 297 Pleasant. The change in the address would not neces- sitate a change in the abutters to be notified. After discussion, it was moved, seconded, and voted unanimously to continue the hearing to a later date to allow readvertisement of the hearing notice. The hearing was temporarily adjourned at 8:00 PM. Present, in addition to the Board members and those mentioned, were Clare Fennessey, Clerk, and five interested citizens. Robert C. Buscher, Chairman