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25C-085 (10) DFA lSION, OF JC !()N 1 N� tiUAK[,l OF APPEALS At a meeting hold on November 28, 1984, the Zoninsr N.,ard of Appeal -, of the City of Northampton voted unanimously to grant the variance modifiai tion request of HOP Trust , 238 Brid,ve Street Northampton and James Tunstall, Northwest Road, Westhampton to use a portion of the promisos ai 238 Bridge Street, Northampton for the retail sale, wholesal,, repair nto« sewing of leather garments and goods in conjunction with the oxistin whQU- s wprc : Chairman Robert Buscher, William Brandt and Peter Laband . The findings were as follows : P. Laband, referring to Section 10. 13, Page 10.8 of the Zoning Ordinance, found that the structure is unique because of its peculiar shape and being situated in a primarily residential area where it is the only building like this in the area; that a hardship exists as nothing other than a business could use the building; and there will be no substantial detriment to the public stood or the use will not derogate from the intent of the Ordinance. W. Branca, referring to criteria for a variance, Section 10. 13 and to the previous decision granting in favor of the variance, stated that the building predates zoning having been used for business since 1940 . He found that the proposed use would be a good use for the building, but expressed concerns with the lack of adequate parking if the business evolves into a high volume retail store. He also found that the structure is unique; that a hardship exists as the building ha,,-, been on the market for a considerable amount of time and would be foreclosed if not sold; that the building must be used or lay fallow; and the use does not derogate from the intent of the Ordinance as the building cannot be used as a residence. R. Buscher concurred that the building is unique and that it is a purely commercial structure and not adaptabie to use as a residence, that white it is not the responsibility of the Board to save someone from bad business results, according to the testimory of the realtor , Mr. Murphy, the applicants have sought and been unable to sell the building, and thus a hardship exists. He stated that oocause there will be no expansion of space or increase of square footage, the Boar,_ cannot place restrictions on parking. Kobert U. Buscher,Chairman NICE 4 r C� E S V .. DEC 1 4 1984 William Brandt � r / Peter LabandT -„.,gar �. �ert.+ •:srm.nrs.,..:,u:._w.r_ .,...,.. a 6�i s Af f oqc 3,'� Q�96 3 I 1 1 r� GI BOARD of APPEALS N 021 OPLICATION OF JAS R. TUNST , ET AI. MB a ' ess Furniture and home_furnishing* � ' home equipment, w ware }►ardware, and including dish ht and limited t [sVazi fides.” Sale of f©od is specifi lly prohibited. Page 5-10, Paragraph 1 "Miscellaneous z+ sion 4+ ,•business offices and sezvice "including, but f o ,mite ` medical, legal, and other prof xional services ! eking, insurance and real esta � aaff ice•" I by f�e Nr4 Robert C. Buscher, C rtnan � a j''2.1w /OVA,,Jra��S..✓ ? II Dr. Peter Laband • s ' i { .a M. 5an;ord Weil, Jr. f ry�ry; ky+Cl;,.rk'3 Office Jt 4 Ii CERTIFICATE OF CITY CLAX February 2, 1989 Adeliri `M Yay, City Clerk of the Cfty o on � Northampton, Lby aei� that the above Decisi of t e Northampton III ing d of Appeals was filed in the AP" ice of the city I r 4rk on j '00ary 12, 1989, that twenty days�,jh ve elapsed i r ±ce sucrh;Fftling and that no appeal has/ben filed in''this I ter. � //�� e Attest Adeline Murray, f Citv Clerk Li t City of Northampton I {1 !� �l W I. O 4''1 '� mem.. (/—'V,Ree'd ertd and exnrn°tf1. ' A' '•-BIMELKY.t>.�,.ca..:.�5....�.e....r....;...:...`S.-:e:...W_:..:_:. .:. :. _..:.... '..:...:. . .. ,_.. �, Z ` j "3 ' to"!� � r}q Y j •T s �a' ;y x* 1`a BUD#3328PASf 0025 ®02465 11 DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on January 4, 1999, the zoning Beard of Appeals of the City of Northampton voted unanimously to GRANT the request of James R. Tunstall et al to modify a Valiance which had mean granted by this Board on November 28, 1984, to allow the substitution of a .Physical Therapy office as the tenant in the building at 238 Bridge Street, replacing Hampshire Office Prcduct�, the tenant specified in the 1984 Decision. Present and voting were Chairman Robert C. BUscher, Dr. Peter Laband, and M. Sanford Weil, Jr. } The findings were as £rallowst The Board reiterated all the findings in their decision that was filed. on December 11, 1984. Ch. Buscher and Dr. Laband, who sat. at this Public Hearing also sat at the 2184 Hearing. " t i The Board found that the proposed tenant, a Physical {� 'Therapy office, would be an appropriate one. it is agreed that ' parking at this commercial site in a Residential zone is awkward and limited. The "by appointment only" nature of this tenant's c business results in a low and predictable level of traffic on f the site. r The Hoard heard testimony that the leather business of Mr. f Tunstall is evolving from retail to a higher degree of ! wholesale. resulting in a decrease in traffic on the site. .p r The Board agreed to expand the list of qualified tenants to those outlined in the following sections of the Northampton ! ` ?aninq ordinance: 11 Section 5.2. Page 5-8, Paragraph 2 and 2ta3, "Retail - establishments, with maximum floor area of 10,000 square feet per floor for any aingle establishment, selling general merchandise, including, but not limited to, dry goads, apparel E .. _. Aw 10. Do any signs exist on the property? YES X— NO IF YES, describe size,type and location: Ff y-,,*d,f %,a,/,,3d Jrrt, ,r le Fr c'.F' �c.,�cAd�!� �"JK q r] "�' � Z3''4' c�, $c-pJ.vG I='!ZC•.vr �� %'-fv`�� X� r.� ��,:/�/.ay��ri7"=�j�,�, �, � ,i �,J � /o/ Are there any proposed changes to or additions of signs intended for the property? YES _ NO IF YES,describe size,type and location: r•t,,Zx4el /,ke- *7 r,-W r t t'� y�C��ru��r��CaY.,,,�, ;t�p,s finer i�Si7�CG ✓�r�?L� ��c,�sS`�+'" Lt�.+rsu� S's4,�',I'S n. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This column to be filled in by the Building Department EXISTING PROPOSED REQUIRED BY` ZONING Lot Size 13/ 7&0 Frontage 6, S 7'a.� SP, Setbacks Front $ Side L: la' R• / Fl/ L: S�`� R• yE�m � L: R- 5H � Rear ZZ ' Building Height Building Square Footage % Open Space: (lot area CcT'. I3 7Ga minus building&pavedw �ur parking o 77' #of Parking Spaces #of Loading Docks Fill: (volume&location) 12. Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge. �{ r Date: 31141 0/ Applicant's Signat4peC I t- 1 NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply wit all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission,Historic and Architectural Boards, Department of Public Works and other applicable permit granting authorities. File No. MAR 14 2001 ZONING PERMIT APP C a ) Please type or print all information and return this form to the Building Inspector's Office with the $10. filing fee (check or money order) payable to the City of Northampton 1. Name of Applicant: M A)C t- A-1\1 4-/�Xclf M Cx;6,1 C Address: � j j jig IAJ6 �1 �l- &^O 0/6 a Telephone: 15 7Z> 2. Owner of Property: I 1—&5 jU,-V S Address: 23Z ?>4 -+!X=F ! 7 - JNJ `r'G!N/Telephone: 3. Status of Applicant: Owner Contract Purchaser_X Lessee Other(explain) 4. Job Location: Z 3,6 P P-;pc e- '5S,Ti'6i�,T - Tv-',-4 Parcel Id: Zoning Map# Parcel# _District(s): In Elm Street Districts In Central-Business District (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property F-r?)1071 P-&Jd ins R N19 f+ t<.�/��>e✓ ^icy ri? 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): cool � iv,w/.� /'i L.� h� ��:o ,r�� c?�r S/rn� �G.�:�2'S S ��-� Gl�s✓C.�" 7T�.���.w`6 S ixy-+F >� i`"�}>.S t c' ��n e.V 1- h.yy t �� r ►Gii !I l'i'i'ox��» rl✓�� 1!5w;; S r>>L 6's'tI�>�[C� C�c.�r• j�o%�T>A� T�►s�li-:TS s/�'c•:�y-ivy �•c!/�;r['.F,�,7- �rPE% /V'y�'.sr�i _�,�'.�o"iG�, Nrx���usrec:�� J �,e.�TC�Zre>/' PG S�dni�� lt"z'�'''1 L" I1-v,��e,. �r�!rid✓,c' �►�t.�. k,te9L�'tr2• "c r�rCt� 3iti'� j/�`P: rn,..;.e, �•rcP.� r4 7. Attached Plans. Sketch Plan Site Plan Engineered/Surveyed Plans 8. Has a Special Permit/Variance/Finding ever been issued for/on the site? NO DON'T KNOW YES X IF YES,date issued: J 19 I t- 111Ze-ky IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book �11 3 4'9 Page 7 5- and/or Document# 9. Does the site contain a brook,body of water or wetlands? NO 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-2001-0113 APPLICANT/CONTACT PERSON MOGGIO MARK A&ANN MARIE ADDRESS/PHONE P O BOX 60127 (413)584-72310 PROPERTY LOCATION 238 BRIDGE ST MAP 25C PARCEL 085 ZONE URB THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FIL ED O Fee Paid ermit Filled out Fee Paid Tvneof Construction: ZONING-TANNING SALON OTHER BUSINESS SEE APP New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Statement or License 3 sets of Plans/Plot Plan THE ,6L,LOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented/based on information presented. 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: § w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Variance Required under: § —w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation ission Permit from CB Architecture Committee Signature o Building Official 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. 238 BRIDGE ST MP-2001-0113 COMMONWEALTH OF MASSACHUSETTS CITY OF NORTHAMPTON ZONING PERMIT APPLICATION PERMIT PERMISSION IS HEREBY GRANTED TO: . .. 7S 2fl1J1, 13bb Contractor: License: Homeowner as Contractor ohlre Owner: TUNSTALL JAMES R Applicant: MOGGIO MARK A&ANN MARIE AT: 238 BRIDGE ST ISSUED ON: 15-Mar-2001 EXPIRES ON: TO PERFORM THE FOLLOWING WORK.• ZONING-TANNING SALON OTHER BUSINESS SEE APP-FOR USE ONLY-SIGNAGE REQUIRES SEPARATE PERMITS THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: Zoning Permit Application REC-2001-002348 14-Mar-01 1051 $10.00 212 Main Street,Phone:(413)587-1240,Fax:(413)587-1272 GeoTMS®2001 Des Lauriers Municipal Solutions,Inc.