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.
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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.
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• 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.
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ORIGINAL PRINTED ON RECYCLED PAPER