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23B-046 (173) ZBA Meeting - April 5, 1995 Dr. Laband opened the Public Hearing on the request of Cooley Dickinson Hospital for a Finding under §9.3 (D) , page 9-2 of the Zoning Ordinance to relocate a pre-existing, nonconforming structure (a mobile van service location) at 30 Locust Street. Present and sitting on the case were: Chairman Peter Laband, Members M. Sanford Weil, Jr. and Alex Ghiselin. A Legal Notice of this public hearing was published in the Daily Hampshire Gazette on March 22, 1995 and March 29, 1995. Chair Laband said that a memo from the DPW noted that they had no concerns on the application. M. Sanford Weil stated that he had sent a letter to Mayor Ford dated March 29, 1995 stating that he was a volunteer at the Cooley Dickinson Hospital as well as Treasurer of the Hospital Auxiliary, but states that he has no conflict of interest and is neutral regarding approval or denial of the application. The Mayor did not respond and therefore the Board assumes that permission is granted for Mr. Weil to sit on the case. Attorney Edward Etheredge of 64 Gothic Street was present on behalf of the Hospital. Etheredge said he would like to request that the application be amended to cite §9.3 (1) (D) . He said that the hospital is a non-conforming use in a URB district, and noted that there are ongoing discussions about a zone changes in that area. The hospital is asking for a Finding for an addition to a pre- existing, non-conforming structure which will not create any new violation of the zoning ordinance nor will it be any more detrimental to the neighborhood than the existing structure. The proposed project will relocate the existing M.R. I. mobile van service location which comes twice a week to a permanent location. There will be no change in current use. Etheredge said that the change involves a two-story addition on the southeast corner of the Hospital. The height of the addition will be 25' and will add 4,824 square feet of space on two floors. No one spoke in favor or in opposition to the application. M. Sanford Weil, Jr. moved to close the Public Hearing. Alex Ghiselin seconded the motion which passed unanimously 3: 0. Alex Ghiselin said that since the extension/addition will not be substantially more detrimental than the existing structure and will not extend any closer to the lot lines, he would be willing to vote in favor of the application. M. Sanford Weil said he concurred with Ghiselin and he would vote to approve. Dr. Laband read the criteria for approving a Finding and agreed that the requested addition would not be substantially more detrimental to the neighborhood than the existing structure and he too would vote in favor. M. Sanford Weil moved to approve the request for a Finding. Alex Ghiselin seconded the motion which passed unanimously 3:0. ------------------------------------------------------------------ ------------------------------------------------------------------ -3- Pursuant to Massachusetts General Laws (MGT ) 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 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: THE COOLEY DICKENSON HOSPITAL, INC. - 30 LOCUST ST. Decision Date: Aril 5, 1995 Decision Filed with the City Clerk on: April 19, 1995 Peter Laband, Chairman r,A- GLIZ L Alex Ghiselin M. Safiford. Weil, Jr. -2- • S City of Northampton, Massachusetts '! X04 pTp� Cffice of Planning and Development s • City Hall • 210 Main Street g Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 •Community and Economic Development •Conservation •Historic Preservation •Planning Board •Zoning Board of Appeals •Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: THE COOLEY DICKINSON HOSPITAL ADDRESS: 30 LOCUST STREET, NORTHAMPTON, MA 01060 OWNER: THE COOLEY DICKINSON HOSPITAL ADDRESS: 30 LOCUST STREET, NORTHAMPTON, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 30 LOCUST STREET ASSESSOR'S MAP and PARCEL NUMBERS: MAP #23B PARCEL # 46 At a meeting conducted on April 5, 1995 the Northampton Zoning Board of Appeals unanimously voted 3:0 to GRANT the request of THE COOLEY DICKINSON HOSPITAL for a FINDING under the provisions of Section 9.3 (1) (D) in the Northampton Zoning Ordinance to allow an addition to a pre-existing, non-conforming structure and lot at 30 Locust Street. Zoning Board Members present and voting were: Chairman Peter Laband, Members M. Sanford Weil, Jr. and Alex Ghiselin. The Findings of the Board under Section 9.3 (1) (D) for an extension of a pre-existing non-conforming structure and lot were as follows: 1. The Board found that the extension of the structure will not be. substantially more detrimental to the neighborhood than the existing non-conforming structure since the extension will not extend any closer to the lot lines and will not create any new violation of zoning requirements. K i ORIGINAL PRINTED ON RECYCLED PAPER