32C-143 (16) s '1
Northampton Zoning Board of Appeals
August 1, 1990 Meeting
Page Two
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
Robert C. Buscher, Chairman
y
Northampton Zoning Board of Appeals
August 1, 1990 Meeting
The Northampton Zoning Board of Appeals met on Wednesday, August
1, 1990 at 8:35 p. m. in Council Chambers, Wallace J. Puchalski
Municipal Building, Northampton, to conduct a Public Hearing on
the Application of Marlene and Charles Morin for two Special
Permits: One, to sell used automobiles at 297 Pleasant Street, and
another to allow off-site parking at 10 Michelman Avenue,
Northampton. Present and voting were Chairman Robert C. Buscher,
Robert Reckman, and M. Sanford Weil, Jr.
Ch. Buscher read the Application, the Legal Notice, Section 5.2 and
8. 7 of the Ordinance, a memorandum from the Northampton Planning
Board, and a letter from the Northampton DPW. He mentioned, but
did not read, letters from two abutters, both of whom opposed the
off-site parking on Michelman avenue, and one of whom also opposed
the used car business.
Marlene Morin made her presentation, pointing out that this
location has "been a garage since it was built. When it was
Zuli 's, the parking was abused. With proper management, we can
insure that people park in the rear. People can drive down
Michelman. Parking is a problem that has a solution. The space
to the left of the building is wider than a parking space--cars can
get through to the rear. "
Ch. Buscher went through the history of the site, commenting, "In
1930 this building was an oil business, then a gas station, then
Luke Scanlan's, and then Zuli's from 1980 to last year. Zuli
rented from Scanlan, then bought it. My point is, what's so
different about this use than what's been there? Why is this
before us?"
Mr. Reckman questioned Mrs. Morin's earlier comment that "only two
cars would be displayed for sale at any time. " Ch. Buscher added,
"I agree. How is this economic?" Mrs. Morin pointed out that her
lease with the proposed new tenant calls for employee parking to
be in the rear. She agreed, "There was a problem--that's why Mrs.
McCarthy is opposed. " Mr. Reckman added, "I have no problem with
the Special Permit to sell cars, but I have a problem with the
parking. All she has to do is provide adequate parking--the people
are going to park where they want. This is no different from all
the businesses that have been there before. "
Ch. Buscher commented, "Who cares how many cars are on her lot?
As long as they're on her property, who cares? She needs one space
per 1, 000 SF of gross floor space. " Mr. Reckman added, "She has
enough in front. " Mr. Weil moved to continue the Public Hearing
to August 15, and asked Mrs. Morin to come back with the parking
spaces in the rear re-drawn and placed up against the rear of the
building that fronts on Michelman. Mr. Reckman seconded, and the
motion passed unanimously.
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
` NORTHAMPTON, MASSACHUSETTS 01060
DATE: AUG 2 4 1990
RE: THE APPLICATION OF MARLENE AND CHARLES MORIN FOR A SPECIAL
PERMIT TO ALLOW THE SALE OF AUTOMOBILES AT 297 PLEASANT STREET, AND
TO ALLOW OFF-SITE PARKING FOR SAID BUSINESS AT 10 MICHELMAN AVENUE.
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 the above
date GRANTING the Special Permits, with several conditions.
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.
Robert C. Buscher, Chairman
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
~ NORTHAMPTON, MASSACHUSETTS 01060
DATE: AUG 2 4 1990
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: MARLENE MORIN AND CHARLES MORIN
ADDRESS: 121 FLORENCE ROAD
CITY: NORTHAMPTON, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 297 PLEASANT STREET AND 10 MICHELMAN AVENUE,
NORTHAMPTON, MA.
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. By:
Chairman Secretary
Northampton Zoning Board of Appeals
August 15, 1990 Meeting
Page One
The Northampton Zoning Board of Appeals met at 7: 15 p. m. on
Wednesday, August 15, 1990 in Council Chambers, Wallace J.
Puchalski Municipal Building, Northampton, to continue, from August
1, the Public Hearing on the Application of Marlene and Charles
Morin for two special permits. Present and voting were Chairman
Robert C. Buscher, Robert Reckman, and M. Sanford Weil, Jr.
Mrs. Morin gave the Board a drawing showing the reconfigured
parking spaces. She said she had talked to the DPW, and they
preferred angled spaces, rather than perpendicular. There are now
15 spaces total, including two in front for displaying cars for
sale. Ch. Buscher commented that seven spaces are required by the
ordinance. Mr. Reckman suggested that the rear lot be graveled
and graded, with "Angle Parking" signs.
There was no one present to speak in favor or in opposition, so Mr.
Weil moved that the Public Hearing be closed. Mr. Reckman
seconded, and the motion passed unanimously.
Mr. Reckman moved to grant the Special Permit to park cars off-
site at the rear of 279 Pleasant Street, with the following
conditions: 1) "No Parking" be painted at the edge of the
sidewalk in front of the building, 2) The parking area at the rear
of the building be graveled and graded before this winter, 3) An
"Angle Parking" sign be erected behind the building where it is
clearly visible to customers, and 4) There be a sign at the
driveway between Hugo's and 279 Pleasant Street saying, "Parking
in the Rear ONLY. Exit via Rear. " Mr. Weil seconded, and the
motion passed unanimously.
Mr. Reckman then moved to approve the Special Permit to allow the
sale of used cars at 297 Pleasant Street, in the southern half of
the building, with two parking spaces in front of the building for
display of cars for sale. There was a great deal of discussion
among the Board members over customer parking in front of the
building, and Mr. Reckman amended his motion so that three parking
spaces are allowed in front of the building, two of which being for
display of cars for sale. Ch. Buscher wanted to add a condition
that "The Special Permit to sell cars is contingent upon continued
availability of parking on the rear parcel, wither by lease or
ownership. " Mr. Reckman accepted his amendment, 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
' R
NORTHAMPTON ZONING BOARD OF APPEALS DECISION
MARLENE AND CHARLES MORIN
PAGE TWO
2. A sign or signs must be erected on Parcel 144
where they are clearly visible to people driving onto
that parcel, announcing that "ANGLE PARKING" is to
be observed.
Robert C. Buscher, Chairman
Robert Reckman
M. Sanford Weil, Jr.
DECISION OF UUUU
NORTHAMPTON ZONING BOARD OF APPEAL AUG 2 710
DEPT GF BUILDItJG INSPECTIONS
a 'NORTHANPIP ON MA 10
At a meeting held on August 15, 1990, the�on nq
Appeals of the City of Northampton voted unanimously to GRANT
the Application of Marlene and Charles Morin for a Special
Permit under the Provisions of Section 5.2 of the Northampton
Zoning Ordinance to allow the sale of automobiles at 297
Pleasant Street, (Parcel 143, Map 32-C) in a General Business
District, and a Special Permit under the Provisions of
Section 8.7 of the Northampton Zoning Ordinance to allow off-
site parking for that business on Parcel 144, Map 32-C, which
has its frontage on Michelman Avenue. Present and voting
were Chairman Robert C. Buscher, Robert Reckman, and M.
Sanford Weil, Jr.
The findings are as follows:
1. As to the Special Permit to allow the sale of automobiles
at 297 Pleasant Street, the Board found that all the
requirements of Section 10. 10 had been met. The Special
Permit is granted with the following conditions:
1. The business of selling automobiles shall be
housed in the southern half of the building. There
shall be three striped parking spaces in front of
that portion of the building, two of which are to be
used to display automobiles for sale, and one for
customer use. A "NO PARKING" sign shall be painted
at the edge of the sidewalk in front of the building.
2. There shall be a sign at the entrance to the
driveway between 297 Pleasant Street and the building
to its immediate South, saying, "PARKING IN THE REAR
ONLY. EXIT VIA REAR. "
3. This Special Permit to sell automobiles is
contingent upon continued availability of parking on
Parcel 144, whether by lease or ownership. If
leased, the term of this Special Permit is
coterminous with the length of the lease on Parcel
144, and shall expire if and when the lease for said
parcel expires.
2 . As to the Special Permit to allow off-site parking, the
Board found that all the requirements of Section 10. 10 had
been met. The Special Permit is granted with the following
conditions:
1. Parcel 144 must be graveled and graded prior to
December 20, 1990.