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10D-017 ZONING PERMITS Do Not Write In These Spaces Application Number: Recd. B.1. Checked. Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) by I Data I r___I{lulu Outs Amt. Data By I I APPLICATION IS HERESY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant EUGENE A. TACY Address 158 North Maple _Street_, Northampton, Massachusetts 2. Owner of Proporty EUGENE A. TACY,_ JAMES J. TACY, RICHARD J . TACY, HAROLD G. TACY Address main Street , Leeds , Massachusetts and HELEN N. TACY 3. Applicant is: ®Owner; 0 Contract Purchaser; CLessee; OTenantin Possession. 4, Application Is made for: CDVARIANCE:from the provisions of Section page of the Zoning Ordinance of the City oaf Northampton. [3SPEVtkL PERMIT under the provisions of Sections• 9-13 page—IZ---of the Zoning Ordinance o,i: the City of Northampton. LXOTHER: Findq that alteration of e>-isqtinct use to incl.ude construes--i-on suppl� es{ 4,11sl-77n_tis riqt, sVbstantially more detrimental than the existing u i er , j 3 Appendix A. 5. E016�101-1 of Pro�ert( T:�) ' - 9-,.,A- i , I 6ipee�6, 6eeds being situated on the E as u side of Main- Street; and shown on the Assessors' Maps, Sheet No. C ,ID Parcel(s) 17 B. Zone Special Industrial 7. Description of proposed work and/or use; Applicant prnposes to construct a construction supply establishment on .i parcel that is currently being ' used 7r open storage of raw materials and construction _equipment. The new structure i;}ay also be used tostoreconstruction equipment as well cts eons tx,L_c, ion supply equipment. 8. (a) Sketch plan attached; X.Yes 0 No (b) Site plan: CAttched 2Not Required 9. Set forth reasons upon which application Is based: Current use is et.*.n S ince non-conforming 1* use what would be allowed by Special Permit under existing zoning . Th proposed use is allowed byright (construction SUPPI-v) or by Sj)ecial rmit storage of equioment) . "'he use will. not be more detr-impntal than �_--4�stinci P use _an(ji, in fact .,�ili be less detrimeptal since., the. _equij:jment current-1--v being stored in the open will be screened by a fence andthebuilding to be 10. Abutters (see Instructions, list on reverse side of form). constructed. �Ff I 12. 1 hereby certify that information contained herein Is true to the esT mykn le e. September 21 , 1984 Date =ZZ—Applicant's Signature allowed by special permit from "PB" - allowed by special permit from the Planning Board- the Zoning Board of Appeals District Indus- Conser- Residential Business trial._ vane__ GI SI SC RR SR UR-A UR-B UR-C CB GB HB NB .` P r i n c i a UL e 13. Open storage of raw materials, finished good or construction equipment and structures for storing such equipment, provided outside storage areas shall _ be screened from outside _ _ _ _ _ Sp _ SP SP view 14. Storage of a fluid other _ than water as a principal - _ _ _ _ SP SP SP SP SP SP ut use 1 F' w 15. Research offices or estab- lishments for research and _ _ _ _ Sp SP A A development activities 16. Burial, incineration, dis- posal or storage of high- - - level and intermediate - level radioactive wastesno - - a .Wed byspec! ] permit from ` a "A" - allowed by right all wed tt- �zty Council fYi ,._ _ al�_'J`.:F.: br Specl.aI .it from allowed by sr>.,cial perr.i - - - the Manning Board the Zoning Board of Appeals j�,�r 4�rlt�tY1S[ , � � V}f A vU .g _.--_•.._v...._..• ARTICLE IV r„I INTERPRETATION AND APPLICATION Section 4. 1 - Tnternrr_•'Uat.ion. The provisions of this Ordinance mall be interpreted to be the minimum requirements adopted for the proiaoti.on of the health, :safety, morals, or the general welfare of the City of Northampton, Massachusetts, and except for r Chapter 44, z2a.i�Ord�zlance, of the Revised Ordinances of the City of Massachusetts, 1959, and all subsequent a^*ndments the-reyo, the orovisions of this Ordinance are not intended to reveal , amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted ordinance, covenants , regulati,on:� , or rules. Whenever the regulations made under the authority Hereof differ from those prescribed by any statute, ordinance, or other regulations, that provisions which imposes the greater restriction or the higher standard shall govern. Section 4. 2 - A plication. Except as herein provided, the provi- sions of thus Ordinance shall apply to the erection, construction, reconstruction, alteration, or use of buildings, structures, or use Of land. j2xcept as herein provided, any existing conforming use, structure, or lot shall not by any action become nonconforming and a;"y existing nonconforming use, structure, or lot shall not become further nonconf orming. Section 4.3 - Existing Pu w1_dings and Land. This Ordinance shall noc apply to existing buildings or struc".ures , nor to the existing use of any building or structure or of land, to the extent to which 'tis legal-1.y used at the time of adoption of this Ordinance, but it shall apply to any change of use thereof and to any alteration of a building or structure when the same would amount to recon- struction, extension or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a ^canner substantially different from the use to which it was put before alteration, or for its use for the same purpose to a substan- tially greater extent. Section 4.,(', - Mixed Uses . In cases of mixed occupancy, the regula- tion for each use shall apply to the portion of the building or land, so used. 4-1 a. Pro-existing nonconforming uses may he extended or altered nrovidpd that no such extension or alteration shall be Tlermitted unless there is a finding by the =coning Board of lii-,npals that such change, extension or alteration shall not be Substantially more detrimental than the existingrnoncon- formina use to the neighborhood and nroviding that if such change, erten pion or alteration results in uses u coma e �o nTnp requirements ,ir Yem en,�t. , - he n ,u M— ti�.nd.inq 13 not necessary. C. Pre-exist] n. nonconforming ],ot - conforming use Chen a conforming use on a pre-existing nonconforming lot is changed, extended or altered to a use which requires a la mer minimum lot area, minimum lot width or frontage and/or minimum lot depth, than is required for the present use , then a variance must be received with regard to the pre-existing nonconformity of the lot. When a conforming. use on a pre-existing nonconforming lot is changed, ex- tended or altered to a conforming use which requires the same or less minimum lot area, minimum lot width or frontage, and/or minimum lot depth than is required for the present use , tIAen a finding ( as stated in 9.3B above) would he required. D. Prp-pxi3tinri nonconforming -lot - nonconforming use Pre-existing nonconforming uses on pre-existing nonconforming lots may be extended or altered provided that no such exten- sion or alteration shall be permitted unless there is a finding by thi:,, mooning Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neigh- horhood. E. Pre-existina nonconforming.-str.2cture - Chan- in use A use in a pre-existing nonconforming structure may be changed, extended, or altered only if there is a finding by t'he Zoning Board of Appeals that such change, extension or alteration is not substantially more detrimental than the existinq nonconforming use to the neighborhood. Section q.4 - Sinale Lot Exemption -for -Singleand Two-Family Use. Any increase in area , frontage, w4.dth, yard or depth require!r,ents of the Zonino Ordinance shall not apply to a vacant lot for single and two-family residential. use, which: ( a) has at least 5 , 000 square feet of area and fifty feet of ErcntaqeT (b) i3 in an area zoned for single or two-family use ( a special n, prrnit must be obtained if one is required) : ! v7!c37'-40{P DECISION OF + ZONING BOARD OF APPEALS ' At a meeting held on November 28, 1984, ' the Zoning Board of Appeals , . of the City of Northampton voted unanimously to grant the special permit request of Eugene A. Tacy, 158 North Maple Street, Florence, (Northampton) to construct a building for the purpose of establishing a construction supply business in conjunction with his existing contractor's yard on Main Street, Leeds. (SI Zone). Present and voting were: Chairman Robert C. Buscher, t William Brandt and Peter Laband. 4 The findings were as follows: IWilliam Brandt commented that when altering the pre-existing nonconformance, something that is allowed by right now needs a special permit and found that the proposed use is less detrimental than the present use, lie also found that the building will bear a positive relationship to the public convenience as storing .construction:.;--• -'4 . ? equipment that is now stored outside will be stored inside a building and be less of an eyesore; that the proposed use will, not cause any undue traffice congestion or impair pedestrian safety;,, that it will not overload any municipal systems; and that the proposed use will not impair the character of the district, as a construction supply business is allowed in that zone. R. Buscher concurred. P. Laband also concurred, stating that all requirements for a special permit have been met. The following conditions shall apply: 1. That fencing along the northerly sideline of the lot { be constructed and partial fencing or shrubbery placed along the front of the lot. 2. That the operation of the retail business be restricted to emergency only after 1:00 p.m. Saturday and all of !# Sunday. 3. That the business be geared towards general contractors . rattier than the general public. 4. That the building should in no way exceed the height allowed in that zone. Received at City Clerk's Office Robert C. B schen, Chairma QRTNAMPTO , MASS. / 0 , o B William Brandt D at le Time Peter Laband Ila CERTIFICATE" OF CITY CLERK M1h j,.#October 3--- 1985' I , Adeline Murray, City Clerk of the City of,, Noxthamp'ton".1--hereby, Ij certify that the above decision of the Northampt4n 'Z'oning Board ,of J Appeals was filed December 13, 1934, that twerity-,days-,have elapse since such filing and that no appeal bAs been:; fi1,e in this ,matte . Attest: City Clerk, City, ; Nart npton J 1985 at o'clock and_g2L_tnlnutca2-.M. Reed,ent'd and exam'd. nnr f 1 i 2 21987 J L-00 ING INSPECTIONS *A°P1ON,MA.OIQGO : � y .: �< �� � : � � �?