32C-165 (33) Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section 11, no Finding 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, 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 a the certified decision of the City Clerk and record it at the
Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a Finding 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 Massachusetts General Law 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 MGL Chapter 40A
Section 17, with the Hampshire County Superior Court or the Northampton District Court and
notice of this appeal filed with the City Clerk within twenty(20) days of the date this decision
was filed with the City Clerk.
Applicant: Chew Chew,Inc. - 125A Pleasant Street
Decision Date: April 27, 2000
This Decision was Filed with the City Clerk on: May 1, 2000
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I, Laura Krutzler, Board Secretary, hereby certify
that I caused copies of this decision to be mailed, postage-prepaid, to the applicant and
owner on May 1, 2000.
PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Haff• 2i o Main Street • Northampton,MA oz oho •(413►587-1266 - Fax:413)587-12-64
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Way ne Fe iden,Di rector•email:planning @citp.northampton.mams •internet:www.citg.northampton.ma.us
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: Chew Chew, Inc. P 1
APPLICANT'S ADDRESS: Matthew M. Pitoniak, President u '
125A Pleasant Street
Northampton, MA 01060
OWNER: Union Square Realty Trust
OWNER'S ADDRESS: Matthew M. Pitoniak,Trustee
125A Pleasant Street
Northampton,MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 125A Pleasant Street
ASSESSOR'S MAP and PARCEL NUMBERS: MAP: #32C PARCEL: 165
At a meeting conducted on April 27, 2000, the Northampton Zoning Board of Appeals
voted unanimously 3:0 to grant the request of Chew Chew, Inc. for a FINDING under the
provisions of Section 9.3(1)(D) in the Northampton Zoning Ordinance, to extend a pre-existing
nonconforming structure by the addition of a 30' by 34' outside deck for drinking and
dining for property located at 125A Pleasant Street, Northampton.
Zoning Board Members present and voting were: Mark NeJame, Bob Riddle and Larry Snyder.
The Findings of the Board under Section 9.3(1)(D) for an extension of a Pre-existing non-
conforming structure were as follows:
1. The Board found that the addition of an outdoor deck will not be substantially more
detrimental to the neighborhood than the existing non-conforming structure; and
2. The Board found that the deck will not extend any closer to any front, side or rear
property boundary than current zoning allows or the existing structure already extends
and will not create any new violation of other zoning provisions; and does not involve a
sign.
The following conditions were imposed with this Finding:
1. The deck must not cover or interfere in any way with the underground
electrical cable reportedly in the vicinity.
2. The applicant must confirm with the Planning Department that the number
of parking spaces meets the parking requirements of the Zoning Ordinance.
3. [If agreed to by the owner],the cable may be relocated as long as it is not
covered by the deck.
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