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Bldg. 3
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Spaces For Rent
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Bldg. 5
Bldg.
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Bldg. 3
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1
DECISION OF
ZONING BOARD OF APPEALS
At a meeting held on May 21, 1986, the Zoning Board of Appeals of
the City of Northampton voted unanimously to grant the Variance ance request
of Pioneer Valley Transit Authority, 1365 Main Street, Springfield, MA,
for the purpose of constructing a 45 foot wide curb cut in conjunction with
their new bus facility to be located on Industrial Drive, Northampton (GI Zone)
Present and voting were: Acting Chairman Peter Laband, William Brandt and
Sanford Weil, Jr. j
1'
The findings were as follows:
W. Brandt, referring to Chapter 40A, Section 10, M.G.L. , found that
a 30 foot curb cut would not permit the proper usage of the land
which the City sold for a transit authority to be used properly and
functionally; that because of the sharp turning angle and the fact
that the property across the street has no curb cut, this situation
is unique to the area; that a hardship is involved, as the buses could
become damaged if negotiating the turn with a 30 foot curb cut; that
relief can be granted without detriment to the public good or derogating
from the intent of the Ordinance, as the intent of the Ordinance is to
keep driveways further apart, which is not detrimental to Industrial
Drive.
P. Laband concurred, noting that the criteria necessary to grant
a Variance have been met.
S. Weil also concurred, adding that if the access is not widened,
buses backing up could be hazardous to any following traffic.
The following condition shall apply:
That the applicants must receive approval of the DPW
on the technical requirements for a 45- foot curb cut.
Peter Laband, Acting Chairman
7
William Brandt—
JUN 6
Sanford Weil, Jr.
LzfU >CIrIT �xcTTCYTCZTC
MASSACHUSETTS
In the Year One Thousand Nine Hundred and p, ......Eighty-Five ,, ,,,,,,_.,,
UPON THE RECOMMENDATION OF _......... Northampton„_Planning,,,_Board,
ORDINANCE NO ...............................
An Ordinance of the City of Northampton, Massachusetts, providing that the Code of Ordinances,
City of Northampton, Massachusetts, be amended by revising section A...p.E._e ad......ix....A........ of said Code;
providing that ....Reli.gicus...and...Edut a tianal....Uses...b.e...clari f.i.eci...to...can;f ox.-n....t.o....the................
provisions of state law
Be it ordained by the City Council of the City of Northampton, in City Council assembled, as follows:
ApBe�dix A.
Section 1. That section .............................. of the Code of Ordinances of the City of Northampton, Mas-
sachusetts, be amended so that such section shall read as follows:
5.2 - Table of Use Regulations
"Section................._...........
COMMUNITY FACILITIES RR SR URA UR.B URC CB GB HB NB GI SI SC
1. Houses of worship and A A A A A A A A A A A A
ancillary religious uses
2.a.Educational uses on land owned A A A ' -A A A A A A A A A
or leased by the Commonwealth
d or any of its agencies, subdi-
visions or bodies politic or
by a religious sect or denom-
ination or by a nonprofit
educational corporation
2.b.Any other school, college or SP SP SP SP SP SP SP SP
university
RESIDENTIAL
8. Halfway Houses - delete in its entirety
(Reserved for future use)
FE_F7 i9
z
FEB z 619186
Section 3. Exemptions from Zoning Regul ' x rSF '� �`
Material and Method No zoning ordinance or by-law shall regulate or
of Construction restrict the use of materials or methods of construction
Regulated by State of structures regulated by the state building code, nor
Building Code ugh ordinance or by-law prohibit, unreason-
ahhraQulate or require a special perms t for tffe use of
land for the primary purpose of agriculture, horticulture
or nor shall they prohifii-t—(�r-unreasona y
regulate the expansion or reconstruction of existing
_ structures thereon for the prima purpose
Agricultural of agriculture,
Agricultural horticulture or floriculture, except the a7T_suc�i —
Exemption for Parcel activities may be limited to parcels of more than five
of More Than 5 Acres acres in areas not zoned for agriculture, horticulture
or floriculture. For such purposes land divided by a
public or private way or a waterway shall be construed
as one parcel .. No zoning ordinance or by-law shall
exempt land or structures from flood plain or wetlands
regulations established pursuant to general law.
Interior Area of No zoning ordinance or by-law shall regulate or restrict
Single Family the interior area of a single family residential building
Residential nor shall any such ordinance or by-law prohibit, regulate
Building or restrict the use of land or structures for religious
purposes or for educational purposes on land owned or
Religious and leased by the commonwealth or any of its agencies,
Educational Uses subdivisions or bodies politic or by a religious sect
Subject to or denomination, or by a nonprofit educational corpor-
Reasonable ation; provided, however, that such land or structures
Dimensional may be subject to reasonable regulations concerning the
Regulations bulk and height of structures and determining yard sizes,
lot area, setbacks, open space, parking and building
Public Service coverage requirements. Lands or structures used, or to
Corporation be used by a public service corporation may be exempted
Exemption in particular respects from the operation of a zoning
ordinance or by-law if, upon petition of the corporation,
DPU Public Hearing the department of public utilities shall , after notice
given pursuant to section eleven and public hearing in
the town or city, determine the exemptions required and
Finding That Use find that the present or proposed use of the land or
Reasonably Necessary structure is reasonably necessary for the convenience or
welfare of the public; provided however, that if lands
or structures used or to be used by a public service
corporation are located in more than one municipality
such lands or structures may be exempted in particular
respect from the operation of any zoning ordinance or by-
law if, upon petition of the corporation, the department
Notice to all of public utilities shall after notice to all affected
1 Affected Communities communities and public hearing -in one of said municipalities,
! determine the exemptions required and find that the. present
or proposed use of the land or structure is reasonably
necessary for the convenience or welfare of the public.
3-1
f
,Vortkaxptom Kedevelop at �41ithoritty
MEMORANDUM
TO: Ted Tewhill, Building Inspector
FROM: Penelope Kim, Economic Development Coordinator
SUBJECT: PVTA Facility in the Northampton Industrial Park 7 F@ 6
DATE: February 24, 1986 r .Mi'A.OI @utt
FILE:
As we recently discussed, the Pioneer Valley Transit Authority (PVTA) is constructing
a building in the Northampton Industrial Park. The design of the building provides
for the inclusion of a day care facility. The Federal Department of Transportation,
which is funding the PVTA building, has agreed to this component. This component
is being provided as a public service in recognition, in part of the non-taxable
status of the PVTA. A City committee, the Northampton Day Care Committee, has been
involved in the planning for the day care program. A non-profit contractor will be
hired to work in conjunction with the Office of Children to set up the program and
oversee the solicitation of a vendor organization to provide the service. The day
care center will be run by a non-profit entity (in the non-profit PVTA building) in
conjunction with a City committee.
I have discussed the question of the City's Zoning Ordinance on this subject with
Gene Bunnell and Larry Smith. The latter has provided me with the attached copies
of: proposed clarification of the City Ordinance relative to educational uses by a non-
profit educational corporation and current State Law on exemptions from regulations.
Can it be concluded that, given the non-profit status of the program under review,
the day care facility would be allowable in the GI zone?
Please let me know if any additional information on this facility would be useful
to you.
Thank you for your continuing assistance in these matters.
\L