32C-144 (6) Pursuant to Mass. General Laws, Chap. 40A, §11, no 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 with the City Clerk and that no appeal has been filed,
or if such an appeal has been filed that it has been dismissed or
denied, is recorded in the "Hampshire County Registry of Deeds or
Land Court, as applicable" and indexed 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. It is the owner or applicant's
responsibility to pick up the certified decision from the City
Clerk and record it at the Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a
Special Permit has been granted and that copies of this decision
and all plans referred to in it have been filed with the Planning
Board and the City Clerk.
Pursuant to Mass. General Laws, Chapter 40A, section 15, notice is
hereby given that this decision is filed with the Northampton City
Clerk on the date below.
If you wish to appeal this action, your appeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire
Superior Court and notice of said appeal filed with the City Clerk
within twenty (20) days of the date this Decision was filed with
the City Clerk.
Applicant: Marlene A. Morin (for Zuli's Auto Repair)
DECISION DATED: November 17, 1993
DECISION FILED WITH CITY CLERK: December 1 , 1 993
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previous use of an ambulance company. There are no
sidewalks on the property so it will not further impair
pedestrian safety.
4. The requested use will not overload any public water,
drainage or sewer system, or any other municipal system to
such an extent that the requested use or any developed use
in the immediate area or in any other area of the City will
be unduly subjected to hazards affecting health safety or
the general welfare, because:
The requested use will not have more affect on water or
sewer usage than the previous use and will not overload any
municipal system, since the proposed use will be less
intensive than the previous use.
5. The requested use was not required to meet any additional
special regulations set forth in the Zoning Ordinance.
6. The requested use will not unduly impair the integrity of
character of the district or adjoining zones, nor be
detrimental to the health, morals, or general welfare, and
will be in harmony with the general purpose and intent of
the Ordinance because:
The property is located in a General Business zone and
meets the necessary requirements for a business operating in
that zone. The use is in keeping with the long-standing use
that has been on the property and in that neighborhood.
Additionally, there are many car-related businesses in the
neighborhood such as Pleasant Journey Used Cars, Willard's
Towing, Alpert Auto Repair, etc. , therefore, the proposed
use will not add an additional burden to the health, morals
or general welfare of the area.
In reviewing the Site Plan, submitted with the Special Permit,
the Planning Board:
1. Voted 8: 0 to Grant the waivers as listed below, because the
Planning Board found that the applicant had met all of the
criteria listed under Section 10.10 of the Zoning Ordinance.
Waiver requests granted: B, B-2, B-5, B-7, B-11
Conditions imposed upon the project are as follows:
1. No storage of parts shall be allowed outside of the
building.
2 . Adequate provision be made to screen off the activites on
the South property line and on the West property line in
order to protect the residential area from any impact that
the designated property might have.
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City of Northampton, Massachusetts
Office of Planning and Development s
City Hall • 210 Main Street
Northampton, MA 01060 • (413)586-6950
FAX(413) 586-3726
•Community and Economic Development
•Conservation-Historic Preservation
•Planning Board•Zoning Board of Appeals
•Northampton Parking Commission DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: Marlene A. Morin (for Zuli's Auto Repair)
APPLICANT'S ADDRESS: 121 Florence Road, Florence, MA 01060
OWNER: Marlene A. Morin
OWNER'S ADDRESS: 121 Florence Road, Florence, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: # r
ASSESSOR'S MAP and PARCEL NUMBERS:
At a meeting conducted on November 17, 1993, the Northampton
Zoning Board of Appeals unanimously voted 3 t he
request of Marlene A. Morin for a`go "
q � Q Fi ERM ii he
provisions of Section 5.2 in the rthampton Zoning Ordinance,
, 00 cat ve: repair s� <_i tt - c 3 a+a � j:. stit '
Zoning Board Members present and voting were: Chairman Robert C.
Buscher, Associate Members: M. Sanford Weil, Jr. , and Alex
Ghiselin.
In granting the Special Permit, the Zoning Board of Appeals
found:
1. The requested use for an automotive repair shop is listed in
the Table of Use Regulations as a Special Permit, in the
District for which the application was made.
2 . The requested use bears a positive relationship to public
convenience or welfare because:
The requested use is as useful to the public good as the
previous use of the property, and it is to the benefit of
the public good for the building to be used, rather than
stand abandoned. The property, as it exists today, is not
compatible to most of the uses allowable in the General
Business Zone, such as stores and restaurants, however, the
property has historically been used for vehicles in one way
or another, and by granting the Special Permit the use may
continue.
3 . The requested use will not create undue traffic congestion
or unduly impair pedestrian safety because:
The existing use will be far less traffic intense than the