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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.