32C-165 (11) Northampton Zoning Board of appeals
September 20, 1989 Meeting
The Northampton Zoning Board of Appeals met on Wednesday, September
20, 1989 in Council Chambers, Wallace J. Puchalski Municipal
Building, to conduct a Public Hearing on the Application of The
Depot Restaurant for a Finding under the Provisions of Section 9. 3
of the Northampton Zoning Ordinance that enclosing the existing
porch of the restaurant with glass (greenhouse) will not be
substantially more detrimental to the neighborhood than the
existing restaurant. Present and voting were Chairman Robert C.
Buscher, William Brandt, and M. Sanford Weil, Jr.
Mr. Charles Bowles, owner of the Depot, appeared. He said the
Finding is needed because he has a pre-existing nonconforming
structure ( setback) . The glassing in of the porch will not affect
the building' s footprint. There will be a net gain of some 15
seats, and the 195 lined parking spaces, plus unlined blacktopped
area, are more than adequate to accommodate the increase. The
Board raised a few minor points. There was no one else present,
either in favor or in opposition, so Mr. Brandt moved the Public
Hearing be closed. Mr. Weil seconded, and the motion passed
unanimously.
Mr. Brandt found, under the Provisions of Section 9. 3 (a) that the
proposed change will not be substantially more detrimental to the
neighborhood than the existing restaurant, and there is adequate
parking.
Mr. Weil concurred, as did Chairman Buscher who concluded, "This
will not in any way be substantially more detrimental to the
neighborhood.
Mr. Brandt moved the Finding be granted, 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
n $ CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
s a
NORTHAMPTON. MASSACHUSETTS 01060
DATE: a
OCT "t"89
. ,�.
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: THE DEPOT RESTAURANT
ADDRESS: 125-A PLEASANT STREET
CITY: NORTHAMPTON, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 125A PLEASANT STREET, 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:zz By
Chairman Secretary
��t�AafPT
CITY OF NORTHAMPTON
$ y ZONING BOARD OF APPEALS
Z 8
NORTHAMPTON, MASSACHUSETTS 01060
�At
DATE: P T — '
RE: THE APPLICATION OF THE DEPOT RESTAURANT FOR A FINDING THAT
ENCLOSING AN EXISTING PORCH AT THE DEPOT RESTAURANT AT 125-A
PLEASANT STREET, A PRE-EXISTING, NONCONFORMING STRUCTURE, WILL NOT
BE SUBSTANTIALLY MORE DETRIMENTAL TO THE NEIGHBORHOOD THAN THE
EXISTING DWELLING.
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 requested Finding.
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. Sifscher, Chairman
DECISION OF OCT
NORTEVeTON ZONING BOARD OF APP j
DEPT.OF BUILDING INSP ECTIONS
NORTHAMPTON, 0106C �
At a meeting held on September 20, 1989, the Zoning Board of
Appeals of the City of Northampton voted unanimously to grant
the request of The Depot Restaurant for a Finding under the
Provisions of Section 9 . 31 of the Northampton Zoning
Ordinance that enclosing the existing porch of the restaurant
at 125-A Pleasant Street with glass will not be substantially
more detrimental to the neighborhood than the existing
structure. Present and voting were Chairman Robert C.
Buscher, M. Sanford Weil, Jr. , and William Brandt.
The Findings were as follows:
Section 9 . 3 (a) of the Northampton Zoning Ordinance provides
that a pre-existing nonconforming structure may be changed,
extended or altered where said change, extension or
alteration is with regard to the specific pre-existing
nonconformity of the structure, and that it receive a Finding
from the Zoning Board of Appeals that such change, extension
or alteration will not be substantially more detrimental to
the neighborhood than the existing nonconforming structure.
The Board found unanimously that the proposed change will,
in fact, not be substantially more detrimental to the
neighborhood than the existing structure.
Robert C. Suscher, Chairman
M. Sanford Weil, Jr.
7 ,
William Bra4tdt
NO