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DEk ;ION C;. APPENDIX "B"
ZONING; BOARD OF APPEALS
At a meeting held on November 28, 1984, the Zoning Board of Appe>als.
of the City of Northampton voted unanimously to grant the variance modifica-
tion request of HOP Trust. 238 Bridge Street, Northampton and James
Tunstall, Northwest Road, Westhampton to use a portion of the premises at
238 Bridge, Street, Northampton for the retail sale, wholesale, repair and
sewing of leather garments and goods in conjunction with the existing whole-
slae/retail office supply store. Present and voting were : 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 good or the use will not
derogate from the intent of the Ordinance.
�i
W. Brandt, 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 has
' 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; i
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 adaptable to use as a residence;
that while it is not the responsibility of the Board to save someone
from bad business results, according to the testimony or the realtor,
' Mr.. Murphy, the applicants have sought and been unable to sell the
building, and thus a hardship exists. He stated that because there
will be no expansion of space or increase of square footage, the Board
cannot place restrictions on parking.
Robert C. Buscher,Chairman �
Fin ,
i
William Brandt
1 eter Laband
r '
Appendix "A"
The property in question consists of a commercial building in a URB residential
area. The building predates zoning and has been used for commercial purposes
since 1940. Because of its peculiar shape the building is unique and nothing
other than a business occupant could use the building.
The present owner, James Tunstall, bought the building in 1984 after a variance
was granted to him allowing two (2) commercial businesses to occupy the building.
Mr. Tunstall's leather goods business continues to occupy the building but the other
commercial tenant (Hampshire Office Products) has gone bankrupt and has been evicted.
Owner/applicant wants to replace the bankrupt former tenant with the proposed new
tenant (Physical Therapy Office) who are co-applicants. The proposed tenant creates
less need for parking and less traffic, it requires no movement of merchandise and
is noiseless and virtually non-poluting in any manner.
If the building is not fully occupied with tenants it would lay fallow because
the owner could not continue to operate his business at that location and afford
the mortgage without the rental income.
1N10'
Hssessur s iviap
11. List of Abutters: Address Sheet No. Parcel
1 Helen C. Smith 238-239 Bridge Street, N'ton 25C 242
2 John & Rita Singler 17 Madison Avenue, N'ton 25C 119
3 James & Jeanne Reinle 22 Lincoln Avenue, N'ton 25C 88
4 Julia Bernier 16 Lincoln Avenue, N'ton 25C 87
5 Scott & Kimberly Lincoln 11 Lincoln Avenue, N'ton 25C 60-
6 Walter & Paul Struther 25 Lincoln Avenue, N'ton 25C 58
7 Thomas & Delores Mosakewicz 29 Grant Avenue, N'ton 25C 104
8 Bruce & Pauline Fogel 16 Forbes Avenue, N'ton 25C 122
9 Josephine Billieux 15 Elizabeth Avenue, N'ton 25C 121
10 Edward & Joan Hart 612 Pleasant Street, Amherst, Ma. 25C 102, 107, 120
11 Jacob & Edith Matusek 132 Russell Street, Hadley, Ma. 25C 243
12 Joseph & Michelle Squires 30 Grant Avenue, N'ton 25C 108
13 Joseph & Michelle Squires 294 Bridge Street, N'ton 25C 108
14. James Duffy 120 Clement Street, N'ton 25C 61
15 Jeffrey & Edna Heath 19 Lincoln Avenue, N'ton 25C 59
16 Earl Bressor 236 Bridge Street, N'ton 25C 105
17 John F. Gnatek 33 Grant Street, N'ton 25C 103
18 John F. Gnatek 206 Elm Street, N'ton 25C 103
19 Charlie Wang & Min Hui Wang 69 Grantwood Drive, Amherst, Ma. 25C 106
20 David Vanasse 262 Bridge Street, N'ton 62
2.1 Christopher A. Kennedy & Stuart F. Solomon & Stephen G. Whitlock -
2 222 Bridge Street, N'ton 25C 123
mailing address: P.O. Box 371, N'ton, Ma.
22,E Christopher A Kennedy 386 Bridge Street, N'ton 25C 123
125 mailing address: P.O. Box 371, N'ton, Ma.
26.
27. nn
28. I ,
UU1 ' p 3
29. 41;
x AA
30.
(Attach additional sheets, if necessary) P.iNfi F
t
D Application Number: _3 Vp
R ' "'° ec P Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
Ey Dal NOV By pa Date Amt. ,� D�te n I By Date
AP LIG� � �BY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
°"`-Thmes' R. Tunstall Diane M. Droescher Robert R. Myers Jeanne Ashlaw
1. Name of Applicant 238 Bridge St. 209 Glendale Rd. 209 Glendale Rd. 201 North Rd.
Address Northampton, Ma. Northampton, Ma. Northampton, Ma. n,
a.
2. Owner of Property James R. Tunstall
Address
3. Applicant is: 91 Owner; ❑Contract Purchaser; ELessee; ❑Tenant in Possession.
4. Application is made for:
EkVARIANCE from the provisions of Section 5-2 page 5-10 of the Zoning Ordinance of the
City of Northampton.
❑SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance
of the City of Northampton.
BOTH E R: Variance modification of existing 1984 variance , a copy of which is attached
as Appendix B
5. Location of Property 238 Bridge Street being situated on
the north side of Bridge Street, and shown on the Assessors' Maps,
Sheet No. 25C Parcel(s) 8.
6. Zone URB
7. Description of proposed work and/or us propose to change commercial tenant from former
tenant retail/wholesale office supply and substitute therefor a new tenant
(Physical Therapy Office) ; AND in addition to substitute the former office supp y tenant
with any commercial tenant which will not increase the parking or traffic flow of the
former uses, and which will not increase or change the impact which the former uses had on
the neighborhood and on the public goodand the public health, and which will not in any wa
be a substantial detriment to the public good and which will not derogate from the
intent of the ordinance.
8. (a) Sketch plan attached; ]Yes ❑No Attached as Appendix "C"
(b) Site plan: ❑Attched ❑Not Required
9. Set forth reasons upon which application is based: Former commercial tenant went bankrupt
and has been evicted. Owner/applicant has entered into new lease agreement with
proposed tenant/applicant. See Appendix A which is attached hereto for detal so
application.
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the best of my k edge.
Date Applicant's Signature
Jam R. Tunstal
horized Representative for Applicants
" APPENDIX "A"
Co APPLICANTS: Diane M. Droescher Robert R. Myers Jeanne North Road
209 Glendale Rd. 209 Glendale Rd.
A Northampton, Ma. Northampton,01060 Westhampton, Ma. 01027
01060
a a��t
Fri
NOV 198 4 }
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'i K"1�Y11'C�fJir VlV6V
OQ'�NANPJ. .
c:,, F Y C, NORTHAMPTON ? '�B6` r ap No. 25C Lot 85
ZONING PERMIT APPLICATION +: `
r f
Zoning Ordinance Section 10.2 ,IRe d: Fj Plan File
vner James R. Tunstall L 2$[itN ; o&. nstall SEE APPENDIX "A" ATTACHED
!dress 238 Bridge Street, N'ton, Ma. 01064 r6ss -�238""�r ge Street, N'ton, Ma. 01060
lephone (413) 584-6009 Telephone (413) 584-6009
its section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
fining Use Lot Front Depth Setbacks Max. Bid. Min. Op.
strict Area Width Front Side Rear Cover Space
,st URB Existing GB 13,835 79.01 158.01 23.31 1.02 15.75 50 % off,
esent URB Proposed GB same same same same same same same % same
ark the appropriate box to indicate the use of the parcel:
❑ Non-Conforming Lot and/or Structure. Specify
❑ Residential ❑Single Family Unit ❑Multi-Family
❑ Duplex ❑ Other
ET Business
• Individual
• Institutional
11 Subdivision ❑ Regular ❑ P.U.D.
❑ Cluster ❑ Other
❑ Subdivision with "Approval-Not-Required"-Stamp:
❑ Planning Board Approval:
:KXZoning Board Approval (Special Permit 10.9: Variance)
❑ City Council (Special Exception S. 10.10)
atershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes "No
irking Space Requirements: (Z.O. Sect. 8.1) 1/500 sq. ftRequired 13 Proposed 18
jading Space Requirements: (Z.O. Sect.8.2) Required n�a Proposed n a
gns: (Z.O. Art. VII) UYes ❑ No
Tvironmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes 0 No
of Plan ❑ Yes ❑ No Site Plan ❑ Yes ❑ No
I. 10.2) (S. 10.2 and 10.11
Waiver Granted: Date ❑
This section for OFFICIAL use only:
❑ Approval as presented:
❑ Modifications necessary for approval:
❑ Return: (More information needed)
Denial: Reasons:
gnature f Applicant Dote Signature of Admin. Officer bate
James R. Tunstall
Authorized REpresentative for Applica is
APPENDIX "C"
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