25C-080 (8) 02/26/99 13: 12 IM94135871264 NORTHAMNTON. MA 0003
ZONING BOARD OF APPEALS FINDING APPLICATION FOR THE CITY OF NORTHAMPTON
(Change of a Pre-Existing Non-Conforming Use or Structure)
1. Applicant's Name: Decker & Company, Inc .
Address: 33 Park Plaza , P . O . Box 258 , Lee MATBlephonc: 413-243-4083
2. Property Owner's Name: R & D Petroleum Sale c .
Addres3:1 122 'Ray R tt,S pr i n g f i Q l d MA 01109 Telephone. 413787-1711
3. Status of Applicant: Owner _ Contract Purchaser Lessee Othcr(explain) X Representative
4. Parcel Identification: Zoning Map# 2 5C Parcel # 80 Zoning Districts)URB
Street Address: 310 Bridge St
S. Finding Is being requested under Zoning Ordinance: Section �� - 3 ,Page 9_-^�_.
6. Narrative Description of Proposed Work/Project(use additional sheets if necessary)
Replace existing auto repair portion of business with a
convenience store . Please see attached site elan & floor
plan. No dimensional changes to exterior of building .
7. State How'WorklProposal Complies with the following Finding Criteria: (see also Section 9.2 ;for Signs
Section 7.0). If the change,extension or alteration conforms to zoning in all respects,no Finding is required.
*Explain why the existing building,lot or use is legally pre-existing non-conforming.(Buildings,lots or uses that
arc in existence at the time new zoning is exacted are protected under grandfathering provisions)
_The service station has operated for the past 20 years in this manner
with canopy and gas island with a two bay auto repair area.
'Does the change,extension or alteration create a new violation of the zoning,which would require a variance?
Yes No If Yes,explain bow:
Al 1 parking, cathaCk_-_ r omerng are not hpi ns al tPrPd The i ntPrinr
of the buildingJ.s—being renlZrated to a11nm retail Ga1PG throughQut
*Explain how the change,extension or alteration shall not be substantially more detrimental than the existing
nonconforming use to the neighborhood:
Pr=sal is not substantially more detrimental than existing use.
Proposed use is not in areater non-conformity with open space, yard, noise,
ht-_ic1bt and off street parkinu.
8. Attached Plans: Sketch Plan Site Plan—x None Required
9. Certifteation:I hereby certify that the information contained herein is true and accurate to the best of my
knowledge. I(or the landowner,if I am not the landowner)grant the Zoning nd ]arming Board
permission to enter the property to review this permit application. R o n a l d J . Fortune
3/2/99 �, �HeP&DIRStroleum
Date: Applicant's Signature:
Owner's Signature(if different from applicant's):
10 Do any signs exist on the property YES x NO_
IF YES, describe size, type and location: Free-stand i nq "r'i trrn" S p ri r-a sign at 9V
corner ; Citgo legend on canopy; wall signs : "CitaO" and "Auto Care"
(each 3 ' x3 ' ) ; & "Citgo / Auto Fuel" sign on canopy column .
Are there any proposed changes to or additions of signs intended for the property?YES NO
IF YES,describe size,type and location:
II _ ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DOE TO
LACK OF INFORMATION_
T2us colu� to 2� fills c] is
by tha Build»g DcF>nr�n[
i I (Required
Existing Proposed By Zoning
I Lot size 15, 454 sq ft 15 ,454 sq ft 10, 000
Frontage 169 , 1691 169 ' 80'
Setbacks - — 18191, 18 ' 9" 20'
- side L,63 . 5 R: 58 ' 6' L;6 . s 'R: 58 6" 15 '
- rear 1 . 5 ' 1 . 5 ' 20, .
Building height 14 , 14 , 61, 35 '
Bldg Square footage 1 , 596 . 86 1 , 596. 86 2636. 20
%Open Space: to remain the to remain the
(Lot area minus bldg same-O% same-O% 50%
' &paged parying)
of •Parking spaces 11 11 6
of Loading Docks none none
Fill:
(vol-me--& location) NA NA NA
13 . Certification: I hereby certify that the informat 'o�j contained herein
G is true an accurate to the best of my kno le g !'
DATE: 2, -2 3 APPLI Ronald J . Fortune fog
CANT's SIGNATURE B & D Petroleum
NOTE: Iss anoe W as zoning permit does not relieve n plio to burden tca oompty witty ,Fall
zoning r-"Wraments and obtaln fill required perms trom th Board of Health, Conservation
Commissiono pepartment of Public, Works and other applioable permit flranting fauthoritien.
FILE if
FE8 2 A 1999 /� �
� File No
1 `T ZONING PERMIT APPLICATION (§10 . 2)
PLEASE TYPE OR PRINT ALL INFORMATION
1. Name of Applicant: Decker & Company , Inc .
01238
Address: 33 Park Plaza , Box 258 , Lee , MA Telephone: 413-243-4083
%. Owner of Property: D & B Petroleum Sales Inc .
MA 01109
Address: 1122 Bay Street , S rp i nqf i el d . Telephone: 41 -7R7-1 71 1
3. Status of Applicant: Owner Contract Purchaser Lessee
x Other(explain): representative
4. Job Location: 310 Bridge Street _(Cif.�rgn Station )
Parcel Id: Zoning Map# 25C Parcel# 80 District(s): URB
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/Property Gas Station - Auto Repair Shop
6_ Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
Replace existing. auto repair portion of business with a convenience
store . Please see attached site plan & floor plan. No dimentional
changes to exterior of building .
7. Attached Plans: Sketch Plan x Site Plan & F1 r)nran Engineered/Surveyed Plans
Answers to the following 2 questions may be obtained by checking with the Budding Dept or Planning Department Files.
8. Has a Special PermiWariance/Finding ever been issued for/on the site?
NO x DON'T KNOW YES IF YES,date issued:
,f,
IF YES: Was the permit recorded at the Registry of Deeds?
NO DON'T KNOW YES
IF YES: enter Book Page and/or Document#
9. Does the site contain a brook,body of water or wetlands? NO x DON'T KNOW YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained ,date issued:
(FORM CONTINUES ON OTHER SIDE)
File# MP-1999-0086
APPLICANT/CONTACT PERSON DECKER&COMPANY, INC .
ADDRESS/PHONE P O BOX 258 413-243-4083
PROPERTY LOCATION 310 BRIDGE ST
MAP 25C PARCEL 080 ZONE URB
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCL REQUIRED DATE
ZONIN ILLED OUT
Paid
Buildinp,Permit Filled out
Fee Paid
Typeof Construction: REPLACE AUTO REPAIR W/CONVENIENCE STORE
New Construction
Non Structural interior renovations
Addition to Existin@
Accesso Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION:
Approved as presented/based on information presented.
L,--Denied as presented:
Special Permit and/or Site Plan Required under: §
PLANNING BOARD ZONING BOARD
Received&Recorded at Registry of Deeds Proof Enclosed
Finding Required under: § �WZONING BOARD OF APPEALS
Received&Recorded at Registry of Deeds Proof Enclosed
/ VarianceSRequired under: § / ` w/ZONING BOARD OF APPEALS
1' Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
ti .+
oaz Well Water Potability Board of Health
w. wo
Permit from Conservation Commission
Signature of Buildin cial Date
Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health,Conservation Commission,Department
of public works and other applicable permit granting authorities.
City of Northampton, Massachusetts
Office of Planning and Development 1 +
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586-6950 `. .
FAX(413) 586-3726 a I E APR
•Community and Economic Development
•Conservation •Historic Preservation
• Planning Board•Zoning Board of Appeals
•Northampton Parking Commission
TO: Anthony Patillo, Building Inspector
RE: Permit application
FROM: Laura Krutzler, Board Secretary/OPD
DATE: Z � � /??f
Would you please review and return the
-t
enclosed application (f-
?16 ��Oc'C Srt�f7
before the Planning Board/Zoning Board of
Appeals meeting scheduled for a, y Im so
that we can advise the Boards of any
concerns you may have.
Thank you.
Addendum A
Page 3
concerns relating to service stations, such as the disposal of such waste products as spent
motor oil. The proposed changes to the signage on the property regard only changes to
the wording of an existing free-standing sign and of a small wall sign - which will be
repositioned on the building. No new signs are being proposed, nor are we asking that
illumination be increased on the property.
D. Is your request for the smallest relief possible?
As mentioned in our responses to the questions above, which we incorporate herein, we
are not asking to change the dimensions of the existing structure on the property, nor are
we asking for more signage or greater illumination for the property. We are asking that
we be allowed to change the use of a portion of the interior of the one building on the
property from automotive repair to retail sales; that we be allowed to change the wording
of the free-standing sign; and that we be allowed to change the wording and positioning
of a small wall sign on the building. This is the smallest relief that will allow the owner to
maintain the economic viability of the property and to achieve a reasonable economic yield
from the property.
Addendum A
Page 2
This gas station cannot survive on gasoline and the repair service alone, when utilities,
equipment, payroll, and real estate taxes have generally risen. Alternative uses for the
building have to be considered if this is to be an economically viable business.
Environmental compliance with underground tank and piping replacement/upgrades,
monitoring systems, Stage II vapor recovery systems, and fire suppression systems are
significant costs while gasoline margins have diminished over the years. An alternative
use has to be considered, and while the obvious repair bay scenario makes sense
physically, the aforementioned space constraints eliminate that option.
8B.(2) If a variance is not granted, would the applicant be denied all use of the
property?
As explained in the responses to the questions above, which we incorporate herein, under
present market conditions, a small gas station and repair shop cannot remain economically
viable.
We request a change of use from the more obnoxious repair use to a more conforming and
compatible retail use that we feel will not in any significant way, impact the neighborhood,
but will allow the property to remain economically viable and yield a reasonable economic
return.
8B.(3) Is the hardship self-created?
As explained in our responses to the questions above, which we incorporate herein, the
hardship has been created by changing economic and societal conditions that have caused
many small service stations in the region to either go out of business or convert from an
automotive repair use to retail food or convenience store use. This is not a phenomenon
experienced only in Northampton, but throughout Massachusetts and the country.
C.(2) If granted, would the variance nullify or substantially derogate from the
intent or purpose of the Zoning Ordinance?
The intent or purpose of the zoning ordinance would not be jeopardized in that this
property has been sustained as a commercial operation for decades. The proposed change
of use from automotive repairs to small food mart will not generate more traffic on
Northampton streets. A snack mart or small convenience store, because of its small size,
will not cause people to travel out of their way to do business at such a store. We expect
a limited neighborhood draw, and that our retail clientele will be primarily people that
come on the property for the purpose of purchasing gasoline, who will hopefully buy on
impulse, items sold in the store.
The proposed change in use may, in fact, positively effect the neighborhood in reducing
noise that is associated with automotive repair - and by eliminating environmental
Addendum A
Page I
ADDENDUM A
8A. Are there circumstances relating to soil conditions, shape or topography of the
land or structures that effects only this property/structure and not other properties
in the neighborhood?
A practical hardship exists in that this small 2-bay building and auto repair facility does not
allow for the kind of equipment and expanded space necessary to economically sustain an
auto repair business in today's market. With recent changes in the automotive industry,
focusing on better gasoline'mileage and vehicular emission standards, it is now necessary
for an automobile repair facility to invest in space-consuming and costly computer
operated testing and repair equipment. Due to the need for more space, and due to the
higher costs, a small service station cannot compete with larger automobile repair facilities
and dealer operated service centers, i.e. Ford, General Motors, Sears, Etc.
This gas station cannot survive on gasoline and the repair service alone, when utilities,
equipment, payroll, and real estate taxes have generally risen. Alternative uses for the
building have to be considered if this is to be an economically viable business. The
proposed small convenience store would be a compatible accessory use to the existing
retail gasoline facility and would be a use that would allow this business to yield a
reasonable return on the property. The plight of the owner is due to unique circumstances
related to the size of the existing land and the use of this structure that effects only this
property/structure and not other properties in the neighborhood.
This property is unique and differs from the other properties in the neighborhood in that,
as a gas station and repair service, its economic viability is greatly affected by state and
federal environmental mandates that dictate permitting issues different from adjacent
properties.
Additionally, while topographical hardship considerations of zoning boards typically
regard physical changes that violate setback or bulk/area requirements set forth in zoning
ordinances - except for the rewording and re-positioning of a small (3' x 3') wall sign -
there will be no changes to the exterior of the existing building. The present setbacks,
percent coverage of the lot by the building, and other dimensions remain the same and,
therefore, will not impact the aesthetics of the neighborhood.
8B. (1) Would a literal enforcement of the zoning requirements create a hardship,
financial or otherwise?
As stated above, with recent changes in the automotive industry, focusing on better
gasoline mileage and vehicular emission standards, it is now necessary for an automobile
repair facility to invest in space-consuming and costly computer operated testing and
repair equipment. Due to the need for more space, and due to the higher costs, a small 2-
bay service station cannot compete with larger automobile repair facilities and dealer
operated service centers.
(2) If a Variance is not granted, would the applicant be denied all use of the property?
NO * (see note at bottom of page)
YES__y____ If yes, explain belo%v:
_P1_eate_seaAddPandum__A attached- hereto -
(3) Is the hardship self-created?
YES * (see note at bottom of page)
NO ---X— If no, explain below:
Please Addendum A af-t-ar-hpd hereto
C. (1) Can relief be granted without detriment to the public good? YES NO
(2) If granted, would the variance nullify or substantially derogate from the intent or purpose of the
Zoning Ordinance?
YES * (see note at bottom of page)
NO X If no,explain why,below:
P1 Pas P Gee Add end um At.t-arhPr] hPrPt-n
D. Is your request for the smallest relief possible?
NO *(see note at bottom of page)
YES x If yes,explain below:
Please see Addendum A attaehed-irerete .
9. I hereby certify that I have read the"Applicant's Guide for CoTyin
Variance Criteria",and that
the information provided in this application is true and acc f my knowledge.
DATE: -3 k APPLICANT'S SIGNATURE:
Print name here: D e c k e r f o r
eum
DATE: OWNER'S SIGNATURE(if not e a 'cant)
Print name here:
* If this is checked,you may not qualify under the statutory requirements for a Variance, but you
have the right to apply to the Board of Appeals for relief from any requirement within the Zoning
Ordinance.
3
&7)
CITY OF NORTHAMPTON
VARIANCE APPLICATION
1. Applicant's Name: Decker & Company , Inc. 4
Address: 33 Park Plaza , P . 0 . B 258 , Lee MA Phone: 413 :��3— 083
2. Parcel Identification: Zoning Map # 25C Parcel #(s) 80 Zoning District URB
Street Address: 310 Bridge Street (Citgo a ion)
3. Status of Applicant Owner; Contract Purchaser; Lessee
x*•. Other(explain) Representative
B & D Petroleum Sales , Inc .
4. Property O���ner's Name: _ _
Address: 1122 Bay St . , Springfield , MA Phone: 413 : 787-1711
5. VARIANCE is requested under Zoning Ordinance Section 7 . 0 Page 7 . 4 _
6. Describe proposed work and/or project(use additional sheets if necessary):
Remove 3 ' x 3 ' existing "Citgo" wall sign from side
of building and DI ace 3'c 31 ri-Wnrded wall q rrn nn
— -front of bi-i i 1- i n. .
7. Attached Plans: x F qpr
t6yl Plan _ X Site/Plot Plan None Required
8. How does the proposed work and/or project comply with the Variance Criteria listed below:
(See: "Applicant's Guide" for assistance to filling out the questions listed below)
A. Are there circumstances relating to soil conditions,shape or topography of the land or structures
(where the variance is being requested)that effects only this property/structure, and not other
properties in the neighborhood?
NO * (see note at bottom of next page)
YES x If yes,explain what condition(s)exist:
Please Gee attached Addendum A.
B.(I) Would a literal enforcement of the Zoning Requirements create a hardship,financial or otherwise?
NO * (see note at bottom of next page)
YES x If yes,explain below:
P1Pase Gee attached Addendum A.
* If this is checked,you may not qualify under the statutory requirements for a Variance, but have the
right to apply to the Board of Appeals for relief from any requirement within the Zoning Ordinance.
2
Addendum A
Page 3
concerns relating to service stations, such as the disposal of such waste products as spent
motor oil. The proposed changes to the signage on the property regard only changes to
the wording of an existing free-standing sign and of a small wall sign - which will be
repositioned on the building. No new signs are being proposed, nor are we asking that
illumination be increased on the property.
D. Is your request for the smallest relief possible?
As mentioned in our responses to the questions above, which we incorporate herein, we
are not asking to change the dimensions of the existing structure on the property, nor are
we asking for more signage or greater illumination for the property. We are asking that
we be allowed to change the use of a portion of-the interior of the one building on the
property from automotive repair to retail sales; that we be allowed to change the wording
of the free-standing sign; and that we be allowed to change the wording and positioning
of a small wall sign on the building. This is the smallest relief that will allow the owner to
maintain the economic viability of the property and to achieve a reasonable economic yield
from the property.
Addendum A
Page 2
This gas station cannot survive on gasoline and the repair service alone, when utilities,
equipment, payroll, and real estate taxes have generally risen. Alternative uses for the
building have to be considered if this is to be an economically viable business
Environmental compliance with underground tank and piping replacement/upgrades,
monitoring systems, Stage II vapor recovery systems, and fire suppression systems are
significant costs while gasoline margins have diminished over the years. An alternative
use has to be considered, and while the obvious repair bay scenario makes sense
physically, the aforementioned space constraints eliminate that option
8B.(2) If a variance is not granted, would the applicant be denied all use of the
property?
As explained in the responses to the questions above, which we incorporate herein, under
present market conditions, a small gas station and repair shop cannot remain economically
viable.
We request a change of use from the more obnoxious repair use to a more conforming and
compatible retail use that we feel will not in any significant way, impact the neighborhood,
but will allow the property to remain economically viable and yield a reasonable economic
return.
8B.(3) Is the hardship self-created?
As explained in our responses to the questions above, which we incorporate herein, the
hardship has been created by changing economic and societal conditions that have caused
many small service stations in the region to either go out of business or convert from an
automotive repair use to retail food or convenience store use. This is not a phenomenon
experienced only in Northampton, but throughout Massachusetts and the country.
C.(2) If granted, would the variance nullify or substantially derogate from the
intent or purpose of the Zoning Ordinance?
The intent or purpose of the zoning ordinance would not be jeopardized in that this
property has been sustained as a commercial operation for decades. The proposed change
of use from automotive repairs to small food mart will not generate more traffic on
Northampton streets. A snack mart or small convenience store, because of its small size,
will not cause people to travel out of their way to do business at such a store. We expect
a limited neighborhood draw, and that our retail clientele will be primarily people that
come on the property for the purpose of purchasing gasoline, who will hopefully buy on
impulse, items sold in the store.
The proposed change in use may, in fact, positively effect the neighborhood in reducing
noise that is associated with automotive repair - and by eliminating environmental
Addendum A
Page 1
ADDENDUM A
8A. Are there circumstances relating to soil conditions, shape or topography of the
land or structures that effects only this property/structure and not other properties
in the neighborhood?
A practical hardship exists in that this small 2-bay building and auto repair facility does not
allow for the kind of equipment and expanded space necessary to economically sustain an
auto repair business in today's market. With recent changes in the automotive industry,
focusing on better gasoline mileage and vehicular emission standards, it is now necessary
for an automobile repair facility to invest in space-consuming and costly computer
operated testing and repair equipment. Due to the need for more space, and due to the
higher costs, a small service station cannot compete with larger automobile repair facilities
and dealer operated service centers, i.e. Ford, General Motors, Sears, Etc.
This gas station cannot survive on gasoline and the repair service alone, when utilities,
equipment, payroll, and real estate taxes have generally risen. Alternative uses for the
building have to be considered if this is to be an economically viable, business. The
proposed small convenience store would be a compatible accessory use to the existing
retail gasoline facility and would be a use that would allow this business to yield a
reasonable return on the property. The plight of the owner is due to unique circumstances
related to the size of the existing land and the use of this structure that effects only this
property/structure and not other properties in the neighborhood.
This property is unique and differs from the other properties in the neighborhood in that,
as a gas station and repair service, its economic viability is greatly affected by state and
federal environmental mandates that dictate permitting issues different from adjacent
properties.
Additionally, while topographical hardship considerations of zoning boards typically
regard physical changes that violate setback or bulk/area requirements set forth in zoning
ordinances - except for the rewording and re-positioning of a small (3' x 3') wall sign -
there will be no changes to the exterior of the existing building. The present setbacks,
percent coverage of the lot by the building, and other dimensions remain the same and,
therefore, will not impact the aesthetics of the neighborhood.
8B. (1) Would a literal enforcement of the zoning requirements create a hardship,
financial or otherwise?
As stated above, with recent changes in the automotive industry, focusing on better
gasoline mileage and vehicular emission standards, it is now necessary for an automobile
repair facility to invest in space-consuming and costly computer operated testing and
repair equipment. Due to the need for more space, and due to the higher costs, a small 2-
bay service station cannot compete with larger automobile repair facilities and dealer
operated service centers.
(2) If a Variance is not granted, �.vould the applicant be denied all use of the property?
NO * (see note at bottom of page)
YES x If yes, explain below.
__P_1Pasj sP AddPndttm A attar-hPr�
(3) Is the hardship self-created?
YES * (see note at bottom of page)
NO If no,explain below:
Please see Addendum A attached hereto
C. (1) Can relief be granted without detriment to the public good? YES NO
(2) If granted, would the variance nullify or substantially derogate from the intent or purpose of the
Zoning Ordinance?
YES * (see note at bottom of page)
NO X If no,explain why,below:
Tease 4PP Add ndum A tar bPd hPrPtn
D. Is your request for the smallest relief possible?
NO * (see note at bottom of page)
YES x If yes,explain below:
Please see Addendum A at-taehed hereto .
9. I hereby certify that I have read the"Applicant's Guide for poni g th ance Criteria",and that
the information provided in this application is true and ac c f my knowledge.
DATE: -3 t APPLICANT'S SIGNATURE:
Print name here: d R . Decker for
e ro eum
DATE: OWNER'S SIGNATURE(if noa t)
Print name here:
* If this is checked,you may not qualify under the statutory requirements for a Variance, but you
have the right to apply to the Board of Appeals for relief from any requirement within the Zoning
Ordinance.
3
... �..
CITY OF NoIZTIIANIPTON
VARIANCE APPLICATION r..
1. Applicant's Name: Decker & Company , Inc .
Address: 33 Park Plaza , P . 0 . B 258 ,---Lee MA l!l,one:
2. Parcel Identification: Zoning Map# 25C Parcel #(s) 80 Zoning District URB
Street Address: 310 Bridge Street (Citgo Station)
3. Status of Applicant Owner; Contract Purchaser; Lessee
x •. Other(explain) Representative
4. Property Owner's Name: B & D Petroleum Sales , Inc .
Address: 1122 Bay St . , Springfield , MA Phone: 413 : 787-1711
5. VARIANCE is requested under Zoning Ordinance Section 7 .0 Page 7 .4 -
6. Describe proposed work and/or project(use additional sheets if necessary):
Change content/lettering on existing free—standing sign.
7. Attached Plans: X X1(efch Plan x Site/Plot Plan None Required
8. How does the proposed work and/or project comply with the Variance Criteria listed below:
(See: "Applicant's Guide" for assistance to filling out the questions listed below)
A. Are there circumstances relating to soil conditions,shape or topography of the land or structures
(where the variance is being requested)that effects only this property/structure, and not other
properties in the neighborhood?
NO * (see note at bottom of next page)
YES x If yes,explain what condition(s)exist:
Please see attached Add ndum A
B.(1) Would a literal enforcement of the Zoning Requirements create a hardship,financial or otherwise?
NO *(see note at bottom of next page)
YES X If yes,explain below:
P1 ease Gee attar-herd Addendum A
* If this is checked,you may not qualify under the statutory requirements for a Variance, but have the
right to apply to the Board of Appeals for relief from any requirement within the Zoning Ordinance.
2
Addendum A
Page
concerns relating to service stations, such as the disposal of such waste products as spent
motor oil. The proposed changes to the signage on the property regard only changes to
the wording of an existing free-standing sign and of a small wall sign - which will be
repositioned on the building. No new signs are being proposed, nor are we asking that
illumination be increased on the property.
D. Is your request for the smallest relief possible?
As mentioned in our responses to the questions above, which we incorporate herein, we
are not asking to change the dimensions of the existing structure on the property, nor are
we asking for more signage or greater illumination for the property. We are asking that
we be allowed to change the use of a portion of the interior of the one building on the
property from automotive repair to retail sales; that we be allowed to change the wording
of the free-standing sign; and that we be allowed to change the wording and positioning
of a small wall sign on the building. This is the smallest relief that will allow the owner to
maintain the economic viability of the property and to achieve a reasonable economic yield
from the property.
Addendum A
Page 2
This gas station cannot survive on gasoline and the repair service alone, when utilities,
equipment, payroll, and real estate taxes have generally risen. Alternative uses for the
building have to be considered if this is to be an economically viable business.
Environmental compliance with underground tank and piping replacement/upgrades,
monitoring systems, Stage Il vapor recovery systems, and fire suppression systems are
significant costs while gasoline margins have diminished over the years. An alternative
use has to be considered, and while the obvious repair bay scenario makes sense
physically, the aforementioned space constraints eliminate that option.
8B.(2) If a variance is not granted, would the applicant be denied all use of the
property?
As explained in the responses to the questions above, which we incorporate herein, under
present market conditions, a small gas station and repair shop cannot remain economically
viable.
We request a change of use from the more obnoxious repair use to a more conforming and
compatible retail use that we feel will not in any significant way, impact the neighborhood,
but will allow the property to remain economically viable and yield a reasonable economic
return.
8B.(3) Is the hardship self-created?
As explained in our responses to the questions above, which we incorporate herein, the
hardship has been created by changing economic and societal conditions that have caused
many small service stations in the region to either go out of business or convert from an
automotive repair use to retail food or convenience store use. This is not a phenomenon
experienced only in Northampton, but throughout Massachusetts and the country.
C.(2) If granted, would the variance nullify or substantially derogate from the
intent or purpose of the Zoning Ordinance?
The intent or purpose of the zoning ordinance would not be jeopardized in that this
property has been sustained as a commercial operation for decades. The proposed change
of use from automotive repairs to small food mart will not generate more traffic on
Northampton streets. A snack mart or small convenience store, because of its small size,
will not cause people to travel out of their way to do business at such a store. We expect
a limited neighborhood draw, and that our retail clientele will be primarily people that
come on the property for the purpose of purchasing gasoline, who will hopefully buy on
impulse, items sold in the store.
The proposed change in use may, in fact, positively effect the neighborhood in reducing
noise that is associated with automotive repair - and by eliminating environmental
Addendum A
Page 1
ADDENDUM A
8A. Are there circumstances relating to soil conditions, shape or topography of the
land or structures that effects only this property/structure and not other properties
in the neighborhood?
A practical hardship exists in that this small 2-bay building and auto repair facility does not
allow for the kind of equipment and expanded space necessary to economically sustain an
auto repair business in today's market. With recent changes in the automotive industry,
focusing on better gasoline-mileage and vehicular emission standards, it is now necessary
for an automobile repair facility to invest in space-consuming and costly computer
operated testing and repair equipment. Due to the need for more space, and due to the
higher costs, a small service station cannot compete with larger automobile repair facilities
and dealer operated service centers, i.e. Ford, General Motors, Sears, Etc.
This gas station cannot survive on gasoline and the repair service alone, when utilities,
equipment, payroll, and real estate taxes have generally risen. Alternative uses for the
building have to be considered if this is to be an economically viable business. The
proposed small convenience store would be a compatible accessory use to the existing
retail gasoline facility and would be a use that would allow this business to yield a
reasonable return on the property. The plight of the owner is due to unique circumstances
related to the size of the existing land and the use of this structure that effects only this
property/structure and not other properties in the neighborhood.
This property is unique and differs from the other properties in the neighborhood in that,
as a gas station and repair service, its economic viability is greatly affected by state and
federal environmental mandates that dictate permitting issues different from adjacent
properties.
Additionally, while topographical hardship considerations of zoning boards typically
regard physical changes that violate setback or bulk/area requirements set forth in zoning
ordinances - except for the rewording and re-positioning of a small (3' x 3') wall sign -
there will be no changes to the exterior of the existing building. The present setbacks,
percent coverage of the lot by the building, and other dimensions remain the same and,
therefore, will not impact the aesthetics of the neighborhood.
8B. (1) Would a literal enforcement of the zoning requirements create a hardship,
financial or otherwise?
As stated above, with recent changes in the automotive industry, focusing on better
gasoline mileage and vehicular emission standards, it is now necessary for an automobile
repair facility to invest in space-consuming and costly computer operated testing and
repair equipment. Due to the need for more space, and due to the higher costs, a small 2-
bay service station cannot compete with larger automobile repair facilities and dealer
operated service centers.
(2) If a Variance is not granted, would the applicant be denied all use of the property?
NO * (see note at bottom of page)
YES X If yes, explain below:
P1easp Addendum A attached hereto
(3) Is the hardship self-created?
YES * (see note at bottom of page)
NO X If no,explain below:
Please see Addendum A attached hprptn
C. (1) Can relief be granted without detriment to the public good? YES NO
(2) If granted,would the variance nullify or substantially derogate from the intent or purpose of the
Zoning Ordinance?
YES * (see note at bottom of page)
NO x If no,explain why,below:
Please qee Addendum A tar,hed hprptn _
D. Is your request for the smallest relief possible?
NO *(see note at bottom of page)
YES x If yes,explain below:
Please Seen A-idenduffi A attaehed hereto.
9. I hereby certify that I have read the"Applicant's Guide for ComAtoe inmy riance Criteria",and that
the information provided in this application is true and accurate kno wledge.
DATE: 3 -3k APPLICANT'S SIGNATURE:
Print name here: Co Ara Decker for
Petroleum
DATE: OWNER'S SIGNATURE(if not the applicant)
Print name here:
* If this is checked,you may not qualify under the statutory requirements for a Variance, but you
have the right to apply to the Board of Appeals for relief from any requirement within the Zoning
Ordinance.
3
i'
'.7
CITY OF NORTHAMPTON
VARIANCE APPLICATION
1. Applicant's Name: Decker & Company , Inc.
Address: 33 Park Plaza , P . 0. B-258 , Lee MA Phone: 4134083
2. Parcel Identification: Zoning Map# 25C Parcel #(s) 80 Zoning District URB
Street Address: 310 Bridge Street (Citgo to ion)
3. Status of Applicant : ' Owner; Contract Purchaser; Lessee
x . Other(explain) Representative
4. Property Owner's Name: B & D Petroleum Sales , Inc .
Address: 1122 Bay St . , Springfield , MA Phone: 413 : 787-1711
5. VARIANCE is requested under Zoning Ordinance Section _ 9 _ _ 1____ Page 9-1 - 9-2
6. Describe proposed work and/or project(use additional sheets if necessary):
Chancre of Ilse replace existincf au fm repair portion of
hilildin with small cnnvPniPncP stnrp No dimensional
Changes will he made to the pxf-erinr of the building.
7. Attached Plans: x %Qc� Fan _ X Site/Plot Plan None Required
8. How does the proposed work and/or project comply with the Variance Criteria listed below:
(See: "Applicant's Guide" for assistance to filling out the questions listed below)
A. Are there circumstances relating to soil conditions,shape or topography of the land or structures
(where the variance is being requested)that effects only this property/structure, and not other
properties in the neighborhood?
NO * (see note at bottom of next page)
YES x If yes,explain what condition(s)exist:
Plpasp see Addendum A attached hereto .
13.(1) Would a literal enforcement of the Zoning Requirements create a hardship,financial or otherwise?
NO *(see note at bottom of next page)
YES x If yes,explain below:
P1 ease see Addendum A attar''ht-d herptn
* If this is checked,you may not qualify under the statutory requirements for a Variance, but have the
right to apply to the Board of Appeals for relief from any requirement within the Zoning Ordinance.
2