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
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_ 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
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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
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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.
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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
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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.
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ORIGINAL PRINTED ON RECYCLED PAPER