10D-017 TACEY (33) C;
Northampton Zoning Board of Appeals Lill 61987
Upt Public Hearing on Application of Eugene A. Tac NOS
M- 10 --m
February 18 , 1987
The Zoning Board of Appeals of the City of Northampton held
a public hearing at 7 : 05 p.m. on February 18, 1987 in Council
Chambers , Wallace J. Puchalski Municipal Building to consider the
request of Eugene A. Tacy for a Special Permit under the
provisions of Section 5 . 2, Page 5 . 13 , Paragraph 13 and a Finding
under the provisions of Section 9. 3 , Paragraph B of the Zoning
Ordinance of the City of Northampton for the purpose of
constructing a construction supply establishment in conjunction
with his existing contractor ' s yard on property located on Main
Street (Leeds) , Northampton, MA (SI Zone) . Present were:
Chairman Robert. C. Buscher, Peter Laband and Kathleen M.
Sheehan.
The Chairman read the public notice as it appeared in the
Daily Hampshire Gazette on February 4 and 11, 1987. He reviewed
Section 5 . 2 and Section 9. 3 (b) , as well as Section 10. 10 of the
Northampton Zoning Ordinance. He read a memo from L. Smith,
Planner, on behalf of the Northampton Planning Board, which was
forwarded with no recommendation, as the applicant was not in
attendance to present his case. He advised those present of
their right to appeal.
The Chairman noted that this request had previously been
heard and granted with conditions by this Board ( two of the three
members sitting on this hearing ruled on the previous hearing) .
He explained that Mr. Tacy did not commence construction within
the 18 month time restraint, and was therefore, unable to obtain
a building permit.
Att. P. Melnik, representing Mr. Tacy, stated that neither
he nor Mr. Tacy received correspondence informing of the Planning
Board meeting. He stated that his client was under the mistaken
impression that he had up to two years to commence construction
and attempted to obtain a building permit in November, 1986.
Therefore, Mr. Tacy is applying for the same permit that was
issued on November 28 , 1984 with the same plan. He noted that
there have been no significant changes in the zoning laws or maps
in the past two years that would affect this property.
The Chairman called on proponents. There were none.
The Chairman called on opponents.
Henry Brown, 162 Main Street, Leeds (abutter) , cited
concerns with increased traffic to this area, which has many
small children.
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Public Hearing - Eugene A. Tacy
February 18, 1987 - Page 2
Referring to Section 10 . 6 , P. Laband questioned why the
applicant never requested an extension on the time restraints and
why the applicant did not commence construction. He stressed the
imposition on this Board.
Mr. Tacy stated that he was under the impression that the
time limit was two years, not 18 months, and that he did not
begin construction because of economic restraints. He noted that
the City has added sidewalks in front of the property, that he
has constructed a fence along the front of the lot, and that he
has purchased a substantial amount of materials for the
construction of the building.
K. Sheehan expressed concerns with increased traffic in the
area of this lot, as vehicles will be using the "Hotel" bridge
while renovations are being done on the bridge in the center of
Leeds.
Mr. Tacy explained that traffic from his operation will be
using Main Street, Leeds, and that the construction of this
building will not generate an amount of traffic that will be
detrimental to the area.
P. Laband concurred, finding that the addition of this
building will generate the same amount of traffic as that which
currently exists.
It was determined that the plan submitted with the
appication was not the intended plan. Mr. Tacy stated that he is
now requesting a 60 x 60 ' building, which is larger than the
building the Board originally approved ( 40 x 441 ) .
Chm. Buscher noted that although the public notice makes no
reference to the size of the building, the applicant is, in fact,
requesting an additional 2,000 sq. ft. K. Sheehan noted that the
application requests a renewal of the previously issued Special
Permit.
After some discussion, it was moved, seconded and voted
unanimously to allow the petitioner to withdraw without prejudice
and resubmit a correct application.
It was moved, seconded and voted unanimously to close the
hearing at 7:48 p.m. Present, in dition to those mentioned,
were J. Parker, Board Secretary and several interested citizens.
Robert C. Buscher, Chairman
PATRICK J. MELNIK
ATTORNEY AT LAW
110 King Street
Northampton, MA 01060 iiia OF
March 2, 1987 Telephone 413-584-6750
Edward J. Tewhill
Building Inspector
212 Main Street
Northampton, Mass. 01060
RE: Application of Eugene Tacy dated January 13, 1987
Dear Mr. Tewhill:
This letter will serve notice that Gene Tacy has withdrawn his
application dated January 13, 1987.
Please process his new application.
S erely,
a rick J. Melnik
PJM/dfk
Enc.
MELNIK
ATTORNEY AT LAW
110 gin7 Street
, mA a060 13.584-6750
Northampton., 87
January 15 , 19 'Ph._e 4
JAN 2 0
Zoning
Board of Appeals 01
Planning
Board and for the
Btlilding Inspector
of Northampton
City Street
212 Main Ma 01060 permit
Northampton F,,j, eneTack-Y)f for Zonilfn����
i On
PL p�llica�tiOn Of
Re . _2 .1 ,plicat!O'n of Eugene X-
Dear Sirs: :.ase
find a with the filing fee in
w
Enclosed please together -VOu advising Me of
permit iate al 1 s
a Zoning I would appreciate Appeal
Of
TacY
for )f $72 -00 Zoning Board Of even
the SUM C Board and the El
the Planning when they are schedxled,
l4earing.'clates are enclosed.
the Zoning Permit Sjatxlck
rely,
Me-Inil-,
PJMIjn
enc-
CITY OF NORTHAMPTON °0.� � d ! ! ° �i ��y �w
ZONING PERMIT APPLICATION a �1,; ' Tax !Map No. Lot17
�{�e
Zoning Ordinance Section 10.2 I i R �: ��7 �4 0. Plan File
Eugene A. Tacy
ne Tacy
, pefiOwner AP'P Iica
_.
Address _ 158 North Maple Stree, Florence, MA Address 158 North Maple Street, Florence, MA
Telephone 584-7114 Telephone 584-7114
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
Zoning Use Lot Front Depth Setbacks Max. Bid. Min. Op.
District Area Width Front Side Rear Cover Space
Constructio
Past s. I. Existing storage acres 360 300 -- -- -- 0 % 100 %
Constructiol 3
Present S-I- Proposed supply acres 360 300 30 30 30 5 % 95 %
Mark the appropriate box to indicate the use of the parcel:
l:Non-Conforming Lot and/or Structure. Specify Addition to conforming use to current
non-conforming use.
El Residential Residential ❑Single Family Unit ❑Multi-Family
❑ Duplex ❑ Other
❑ Business
❑ Individual
❑ Institutional
El Regular ❑ P.U.D.
El Subdivision ❑ Cluster ❑ Other
❑ Subdivision with "Approval-Not-Required"-Stamp:
❑ Planning Board Approval:
❑ Zoning Board Approval (Special Permit 10.9: Variance)
❑ City Council (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes )[l No
Parking Space Requirements: (Z.O. Sect. 8.1) Required 2 Proposed 10
Loading Space Requirements: (Z.O. Sect. 8.2) Required Proposed
Signs: (Z.O. Art. VII) ❑ Yes No
Environmental Performance Standards: (Z.O. Art. XII) ❑ Yes M No
Plot Plan CIcYes ❑ No Site Plan ❑ Yes LN No
(S. 10.2) (S. 10.2 and 10.11
Waiver Granted: Date ❑
This section for OFFICIAL use only:
❑ Approval as presented:
p Modifications necessary for approval:
Return: (More information needed)
Denial: Reasons:
January 13, 1987 n �
Signature of Applicant Date Signature of Admin. Officer Date
Y
rite In These Spaces Application Number: �J
#71 e'd, 'B.I. ked Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s)
By Date ay" Date Date Amt. Date � ey Date
t, APPLIC Y MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
Eugene A. Tacy
1. Namet'
Address 158 North Maple Street - Florence, MA
2. Owner of Property Eugene A. Tacy, James J. Tacy, Richard J. Tacy, Harold G. Tacy and
Address amain Street - Leeds, MA Heien N. Tacy
3. Applicant is: Ip Owner; Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
'-]VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
LXSPECIAL PERMIT under the provisions of Section 5.2-13 page----13—of the Zoning Ordinance
of the City of Northampton.
C-�OTHER: Finding that alteration of existing use to include construction su8Rly
suepl qe t b�ishment is not substantially more detrimental than the existing use
U endix A.
5. L 'catio o ro{Ser " Main ,Rr ar T,aPd-g, Mg being situated on
the East side of Main Street; and shown on the Assessors' Maps,
Sheet No. 10D Parcel(s) 17
6. Zone Special Industrial
7. Description of proposed work and/or use; Applicant proposes to construct a construction
supply establishment on a parcel that is currently being used for open storage of raw
- materials and construction equipment. Me new structure may also be used to store
construction equipment as well as construction supply equipment.
8. (a) Sketch plan attached; EXYes 0 No
(b) Site plan: ❑Attched 1XNot Required
9. Set forth reasons upon which application is based: Current use is existing non-conforming use that
would be allowed by Special Permit under existing zoning. The proposed use is allowed by
right construction supply or by Special Permit storage of equipment). The use will not
be more detrimental than existing use and, in fact, will be less detrimental since the
equipment currently being stored in the open will be screened by a fence and the building
to be constructed. A permit was previously granted. This is a request for a renewal of
10. Abutters (see instructions; list on reverse side of form). that permit.
12. I hereby certify that information contained herein is true to th est of my knowledge.
Date- January 13 1987
_,Applicant`s Signature l --�
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1. List of Abutters: Address Sheet No, Parc
-Roman Catholic Bishop q,
1.of Springfield 917 Main St_ Leeds I OB-91
§t. Catherine's Church - Roman
9 Cathlic Bishop of Springfield 195 Main St. Leeds 1OB-92
3. Massachusetts Electric Route 9 Haydenville Road IOB-100
4. Helen A. McCarthy 183-185 Main St. Leeds IOD-16
5. Clarence L. Chatfield Main St. Leeds 1OD-18
6.James P. Doppman 167 Main St. Leeds 1OD-19
Sena R. Lococco
7.Joseph S. Lococco 163 Main St. Leeds 1OD-20
8. City of Northampton City Hall Northampton 1OD-22
9. James & Kathleen Elliot 39 Florence St. Leeds 1OD-23
io. Heirs of Nora Steidler 41 Florence St. Leeds IOD-24
11 Russell J. Myette 182 Main 3t. Leeds 1OD-33
12.
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17.
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21.
22.
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25,
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27.
28.
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30.
(Attach additional sheets, if necessary)
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