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32C-166 (16) ZBA Meeting Minutes - 6/21/95 `• applicant will be required to resolve the parking requirement issues. Weil said he did not think the Board had the right to approve the Finding without seeking a solution to the parking situation. Weil suggested the following condition be attached to any approval of the Finding request: 1. Before an Occupancy Certificate is issued, the applicant must meet the parking requirements as outlined in the Zoning Ordinance. Alex Ghiselin said he agreed with his colleagues and would vote in favor of the Finding. Elaine Reall moved to approve the Finding with the condition as stated above by Mr. Weil. Alex Ghiselin seconded the motion which passed unanimously 3:0 r _ ZBA Meeting Minutes - 6/21/95 take into consideration the parking because it could affect the neighborhood detrimentally. Weil noted that the DPW had reviewed the request and noted that they had no concerns. Alex Ghiselin said he saw no problem with coming to a decision on the requested Finding and that he was prepared to vote, Alex Ghiselin moved to close the Public Hearing. Elaine Reall seconded the motion which passed unanimously 3:0. Alex Ghiselin said that, assuming that the applicant is able to meet the parking requirements, he did not think the proposal for change in use would be more detrimental to the neighborhood than the current use. The Depot restaurant, as well as other bars and restaurants are all in the same vicinity as 196 Pleasant Street. He also noted that the request was for an allowed use in the GB district. He did note, however, that the change in use may contribute to an increase in traffic and congestion in the area. Reall said she is open-minded about the request, but noted that it will be a different usage and will probably increase traffic in the area. She said that if the requested use was an allowed use in the district, then she wondered how the Board could determine whether the use would be more detrimental to the neighborhood than the current use. She also noted that since the City of Northampton prides itself on having more restaurants per square block than anywhere else in the County, she could not view the change in use as more detrimental. Kuzdeba said that parking is an issue to be considered because under a request for a Finding the Board must consider whether any new violations of the existing zoning requirements are being created, and the lack of parking would create a new violation. Kuzdeba said that the Board could approve the finding with conditions to deal with the parking issue. She suggested the following possible scenarios: 1. Prior to the issuance of an Occupancy Certificate, the current Zoning Ordinance could be changed to expand the Central Business District to include 196 Pleasant Street, thus it would not require additional parking for re-use of an existing building. or -- 2 . The applicant must get approval of a Special Permit to allow a shared parking facility. or --- 3 . The applicant will be required to request a Variance from the Zoning Board of Appeals to have less than the required parking spaces on site in order to meet the Zoning Ordinance. Weil said he is prepared to approve a Finding, but noted that the -5- ZBA Meeting Minutes - 6/21/95 Reall said she is not comfortable putting conditions upon applicants and that this request is for a substantially different use than the present use. Peter Davis, real estate broker representing the sellers, said that the request is for a pre-existing non-conforming building which currently houses a manufacturing operation. He noted that any other commercial use would also have the same problem of being unable to meet the parking requirements. If the Central Business district is, in fact, extended down Pleasant Street in the future, he said, that would be a different scenario. Kuzdeba explained how the number of parking spaces are calculated for both the present use and the proposed use according to the current Zoning Ordinance. Vice Chairman Weil asked whether there was anyone in favor of the proposal who would like to speak. Edward Ghareeb of 12 Eastwood Drive, Southampton, said he along with his father and brother own Chilsons Shops. He said they have been making awnings on site at 196 Pleasant Street for 33 years. He further stated that during the past 33 years the loading area has changed drastically as the area around them has changed. He said they used to have a right-of-way through the dirt parking lot but now trucks must use the municipal lot to come in with shipments. He said they do not want to go out of business but because of space limitations they must move to a more suitable site. Ghareeb said he thought that the City of Northampton would like to see a better use of the building other than manufacturing awnings. The realtor, Peter Davies, agreed that buildings and uses in the City of Northampton have changed a lot over the years. He said that the Central Business District is only about 40' away from the Chilson building. He noted that there is a similar establishment to the one proposed within visual distance of 196 Pleasant Street. He urged the Board to reach a favorable decision on the change in use since the sale of the building is contingent upon obtaining the proper permits to allow the now use. The applicant has also estimated that the building will need to be extensively renovated which may take as much as 4-5 months. He said that the applicant would like to know whether the Board sees this as a good proposal and said he thought this proposal would be a good opportunity for all concerned. Weil asked whether anyone was against the proposal. No one spoke. Weil said the Board needed to decide on whether the use is or is not more detrimental to the neighborhood than the present use. He added that the Board would then have to decide on stipulations about the parking criteria and the Planning Board's approval of less than the required parking. He said the Board would have to -4- ZBA Meeting Minutes - 6/21/95 Vice Chair Weil opened the Public Hearing on the request of James P. Lavelle, Jr. for a Finding under §9.3 of the Zoning Ordinance for a change of use in a pre-existing, non-conforming structure from warehouse/manufacturing to a sit-down restaurant and sports bar at 196 Pleasant Street. Present and sitting were: Vice Chair M. Sanford Weil, Jr. , Alex Ghiselin and Elaine Reall. Vice Chair Weil read a copy of the legal notice which was published in the Daily Hampshire Gazette on June 7 and June 14, 1995 and reviewed procedures for conducting public hearings. James P. Lavelle was present to discuss his request. He said he was appealing the building inspector's decision on the parking restrictions for 196 Pleasant Street. He said he proposes to change the use from an awning manufacturing and sales facility to a sit-down restaurant and sports bar. He said he was told by Paulette Kuzdeba that the site had inadequate parking for the proposed use. He also noted that he was told that the City of Northampton has plans to extend the Central Business district to include the area of 196 Pleasant Street. Paulette Kuzdeba told the Board that they needed to focus on the exchange in use request and that they could not worry about waiving the parking requirements under this request. Kuzdeba said that 196 Pleasant Street is not currently located in the Central Business District, which is the only district that allows applicants to buy into the parking fund to allow less than the number of parking spaces required under the zoning ordinance. She said that Mr. Lavelle would need to obtain a Special Permit from the Planning Board for a reduction in the parking requirements, or a Special Permit for Shared Parking Facilities. Kuzdeba said that the Zoning Board of Appeals, if it believes the use is good for the area, except for the parking limitations, could vote in favor of the Finding with a stipulation to resolve the parking issue. Lavelle said that the two brothers who are trying to sell the building have specific needs in order to be able to move their current business without a financial hardship. He said that the Chilsons Shop has been located at 196 Pleasant Street since 1962 and has grown so much that they need more room for shipping and loading. He noted that Chilsons loading dock is only 10' away from the municipal parking lot. Weil said that the only issue before the Board is whether the change of use will or will not be more detrimental to the neighborhood than the existing use. Weil said he thought the Board could only grant a Finding with stipulations about a Special Permit being granted by the Planning Board to deal with the lack of parking. -3- 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 r 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 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: JAMES P. LAVELLE - 196 Pleasant Street Decision Date: June 21, 1995 Decision Filed with the City Clerk: June 29, 1995 M. Sanford Weil, Jr. , Vice Chair t Alex Ghiselin f OP CZ Elaine Reall -2- City of Northampton, Massachusetts Office of Planning and Development 2 9 # City Hall • 210 Main Street j]. Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 DES s vF t<.6 •Community and Economic Development I�O�` - w•--. --• t •Conservation •Historic Preservation • Planning Board•Zoning Board of Appeals • Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: JAMES P. LAVELLE ADDRESS: 244 LOWER WESTFIELD ROAD, HOLYOKE, MA 01040 OWNER: EDWARD GHAREEB ADDRESS: 196 PLEASANT STREET, NORTHAMPTON, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 196 PLEASANT STREET ASSESSOR'S MAP and PARCEL NUMBERS: MAP #32C PARCEL # 166 At a meeting conducted on June 21, 1995 the Northampton Zoning Board of Appeals unanimously voted 3 :0 to the request of JAMES P. LAVELLE for a FINDING under the provisions of Section 9.3 (2) (B) in the Northampton Zoning Ordinance to allow a change of use of a pre-existing, non-conforming structure from warehouse/manufacturing to a sit-down restaurant and sports bar at 196 Pleasant Street. Zoning Board Members present and voting were: Vice Chair M. Sanford Weil, Jr. and members Alex Ghiselin and Elaine M. Reall. The Findings of the Board under Section 9.3 (2) (B) for a change of use of a pre-existing non-conforming structure were as follows: 1. The Board found that the change in 9xe from an awning factory to a restaurant/sports bar in the non-conforming structure, would not be substantially more detrimental to the neighborhood because there is a great number of bar/restaurants presently locating in the surrounding area. The following condition was imposed: 1. Before an Occupancy Certificate can be issued, the applicant must meet the parking requirements as outlined in the Zoning Ordinance. -1- ORIGINAL PRINTED ON RECYCLED PAPER