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