Loading...
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