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32C-049(1) I� j_ �✓ �i I' DECISION OF ZONING BOARD OF APPEALS �I At a meeting held on May 1, 1985, the Zoning Board of Appeals of the j City of Norhtampton voted unanimously to grant the Variance request of I Carol Hyde, 81 Bridge Street, Northampton for the purpose of erecting a i 8' x 2.5' sign on the side wall of her building at 10 Pearl.S--reet, Northampton. Present and voting were: Acting Chairman William Brandt, Peter Laband and Kathleen M. Sheehan. The findings were as follows: P. Laband found that the structure is unique, as it is an old historic building with magnificent windows along the front, but I not along the side wall, and which affects that structure, but no other in the zoning district; that a literal enforcement would create a hardship if signage were placed on the front of the building, which would be an eyesore; that granting the Variance would not be a detriment to the public good nor nullify the intent of the Ordinance, as the applicant could place signage on the front of the building by right. He commended the applicant for choosing a far better location for signage and for following the proper procedures. K. Sheehan concurred, finding that the structure is unique, as the front of the building does not, and has never, lent itself to signage as it is a historically designed building; that a hardship would exist as it is inappropriate to place signage on the front of the building; and that the requested use will not nullify the intent of the Ordinance, as it is not larger than 10% of the facade and will be internally or indirectly lighted. { W. Brandt, citing Section 7.2 (15), Page 7.3, stated that he considers the request as an additional sign, as opposed to a primary sign, which the Baord has authority to grant. He concurred with his colleagures regarding conditions of a variance, finding that the front- age of the structure does not attract traffic, where the side wall lends itself to viewing from Pleasant Street; that a literal enforcement would cause hardship. , as signage would be esthetically unpleasing on the front of the building; and that the request will not nullify the intent of the Ordinance, as it will be no larger than that requested (8 x 2.5 ) . The following condition shall apply; That the sign be located as shown on the design submitted at the public hearing and which is now on file. - . ; Wi Liam Brandt, Acting Chairman i Kathleen M. Sheehan � MONS r er a anca BROWNELL, GLISERMAN, WASHBURN, GERVAIS & KAPLAN ATTORNEYS AT LAW 8 CRAFTS AVENUE NORTHAMPTON. MASS. 01060 413-5484-7271 WILLIAM H. BROWNELL (1917-1984) SAUL GLISERMAN ERIC B. GERVAIS TIMOTHY F. WASHBURN DAVID R. KAPLAN` 'also admitted in New York March 8, 1985 11-057 7� City of Northampton UAD Office of the Inspector of Buildings 212 Main Street K", OF8WLWG MVMNS Municipal Building NORRMIKOK UL 01060 Northampton, Massachusetts 0+1060 Re: 10 Pearl Street Gentlemen: Enclosed please find the original and eleven copies of an Application for a Variance filed on behalf of Ms. Carol Hyde for property located at 10 Pearl Street, Northampton, together with our check in the amount of $101. 00. Also enclosed is a Request for Site Plan Waiver . Please send all notifications and/or other communications relative to this application directly to the undersigned. Yo 4dR. trDa DRK/kh Enclosures { AR # APPLICATION TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS OFaultnl"G FOR VARIANCE OR SPECIAL PERMIT rn> MA 0 0(k This application folder includes an application form, addressed to the City of Northampton Zoning Board of Appeals, requesting the granting of a VARIANCE or a SPECIAL PERMIT and information intended to assist the applicant in properly completing the application. The application must be completed using a typewriter or hand printed block-,type letters. All numbered items on the application must be completed. When completed and signed by the applicant, the application should be submitted to the Building Inspector for filing. Even though received, the application will not be considered "filed" with the Building Inspector until it has been-reviewed to insure proper completion. A review of the application will be made within two business days from the date received by the Building Inspector. The applicant will be notified of any additional information required. Applicants seeking a VARIANCE should note that the Zoning Board of Appeals has the power to authorize a variance from the terms of the applicable zoning ordinance where the Board determines that the applicant has met all requirements set forth in Massachusetts General Laws, Chapter 40 A, Section 15. Reference should be made to applicable Massachusetts Law and to Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended. Applicants seeking a SPECIAL PERMIT should refer to the Table of Use Regulations contained in Chapter 44 of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, as amended, which indicates uses which require special permits in particular zones. The general and specific condi- tions which must be met to obtain a special permit are set forth in Section 10.9 (3) of the above referred to Zoning Ordinances. The Zoning Board of Appeals is required to hold a public hearing to consider the merits of each application. A notice of the public hearing will be published in the appropriate newspaper and written notice thereof given to those legally entitled thereto. A copy of the rules adopted by the Zoning Board of Appeals for the conduct of its public hearing is filed in the Office of the City Clerk. The applicant should familiarize himself with these rules prior to attending the public hearing. THE BURDEN IS UPON THE APPLICANT TO PROVE THROUGH THE WRITTEN APPLICATION AND ORAL PRESENTATION AT THE PUBLIC HEARING THAT ALL OF THE LEGAL REQUIREMENTS CONTAINED IN THE APPLICABLE STATUTES AND ORDINANCES ABOVE REFERRED TO HAVE BEEN SATISFIED. FAILURE TO SUSTAIN THIS BURDEN MAY PREVENT THE APPLICANT FROM REAPPLYING FOR TWO YEARS. APPLICATION INSTRUCTIONS 1. State name and address-of applicant. 2. State name and address of the owner of property. 3. Indicate applicant's standing to apply. 4. Indicate whether this is an application for a variance or for a special permit. If you are making application for both, use a separate form for each (only one fee will be required). You may apply for more than one variance or more than one special permit on the same form. If other, so indicate and explain. 5. Location of property should be indicated by street address; where the property is situated i.e. south side of South Street; and with reference to the sheet numbers and parcel numbers as designated on the assessors' tax maps. 6. Indicate the zone in which the property is located. 7. State as concisely as possible the work you propose to undertake and/or your proposed use of the property should your application be approved. 8. SITE PLAN/PLOT PLAN: The applicant Is required as part of this application to submit a site/plot plan drawn AS NEAR TO SCALE as.possible showing the lot boundaries, dimensions of existing and/or proposed buildings and the distances from said buildings to said lot boundaries and all in- formation relevant to the consideration of the application. A copy of the site/plot plan should ac- company each copy of the application required to be filed: ,When the applicant is required under Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan Is not required. 9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that the applicant has met the requirements as set forth in either the General Laws of Massachusetts or the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these requirements prior to completing this item. (Attach additional sheets, if necessary) 10. Notice of the public hearing is required to be mailed, postage prepaid, to all "parties in interest" as defined in Massachusetts General Laws, Chapter 40A, Se -.tion 11. "Parties in interest", as used in this chapter, shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent app- licable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town." 11. Read and sign the application. If the applicant is a corporation, par a bus'mess entity, a duly authorized officer should sign. An attorney or other d yAuti orizsd representative tff the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form ele rEplete application are required. It is the responsibility of the applicant to pr FILING FEE: A filing fee of$75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut- ter listed, is required to be paid upon the filing of the application with the Building Inspector. The applicant should be aware that if the application is approved, the Board of Appeals may, in its discretion, and in addition to any applicable conditions specified in the zoning ordinances, impose such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or serve the purposes of the zoning ordinances. Such conditions will be imposed in writing and the applicant may be further required to post bond or other security for compliance with said conditions in an amount satisfactory to the Board. FOR ADDITIONAL INFORMATION, CONTACT: City of Northampton Building Inspector City of Northampton Room 100,Municipal Office Building or Zoning Board of Appeals Office 212 Main Street Room 102, Municipal Office Building Northampton, Massachusetts 01060 212 Main Street Northampton, Massachusetts 01060 i • Do Not Write In Th030 SDaNIL Application Number: _ R J"s ' !_xGhix Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s) Dete By Amt. Date 4.. y Date "iM DE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: NQPT?AMPTON.MA.01060 1. Name of Applicant Carol Hyde Address 81 Bridge Street, Northamntrn, 2. Owner of Property Carol Hyde Address 10 Pearl Street Northampton 3. Applicant is: ®Owner; DContract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: aVARIANCE from the provisions of Sectior7.4(2),(a)page 7-4 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. DOTHER: 5. Location of Property 10 Pearl Street being situated on the wA�rAr�� side of Pearl Street; and shown on the Assessors' Maps, Sheet No. 32-C , Parcel(s 49 6. Zone CB 7. Description of proposed work and/or use; Applicant wishes to place a 8' x 2.5' gi-gu with appropriate lighting on side wall of her building which abuts Spartan Muffler and which is parallel to Pleasant Street 8. (a) Sketch plan attached; D Yes fl No (b) Site plan: DAttched ❑Not Required 9. Set forth reasons upon which application is based: The location of building frontage. and the historic nature of frontage (i.e. pgladium windows etc ) make a sign impractical and aesthetically unpleasingr A sign which can be seen frau Pleasant Street and Pearl Street will be effective economically and viGL11y 10. Abutters (see instructions; list on reverse side of form). 12. i hereby certify that Information contained herein is true to the best of my knowledge. Date March 7, 1985 applicant's Signature Assessor's Map 11. List of Abutters: A rest Sheet No. parcel ' 1. Joan Shea 137 Elm reet _ C 51' 2 Ronald Sarazin 4 St Ave,Nort:haa bion 32-C 50 3. Northamptan Muffler Co, $ Pearl 'Street NQjtbgUV= 32--C- 48 4. Robert A. Callander 110 OeasanantStreet 3z-c 47 Walter L. & - 94-9_b2 8 Peasant Street 5. Catherine T. Marek Northamton 32-C 46 11 Brewster Ct. "- 6. Whiting Oil Co, Northampton 32-C 335 Ro�uc,h er Rudson Strong Avenue 7. Realty Trust Northampton 32-C 165 UtY PFO—P—eIT7yttee 8. C_i�of Northampton Attn: James Brooks 32-A 149 9Strong Avenue 9.° Constantine Witherell Northapton 32-A 150 Lester G.& 15 Strong-Avenue 10. Christy S. Brinkley Northampton 32-A 151 & 152 10 Strong AvFMue 11. Lester Brigham Northamptvon 32-A 153 Strong Avenue 12 Jessie G. Benoit Northampton 32A 154 Hem C, & 9 Pearl Street 13. Patrick. T. Gleason Northampton 32-C 53 14. 15. 1& 17. 18. 19. 20. r + 21. 1 Uji ' 22+ 23. t 24. 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) of xod4alllptm 4�ffirr of th; Vnsptdvr of Puilaings INSPECTOR 212Main Street•Municipal Bus7ding Northampton,Mass.01060 REQUEST FOR SITE PLAN WAIVER Date _March 7. 1965 * Address 10 Pearl Street Page 32-C Plot 49 Zone I understand that in compliance with Section 10.11 North- ampton Zoning Ordinances, such waiver may be granted only upon a showing that compliance with the the provisions of this Ordinance can be ensured without the necessity of site plan review. In reviewing a request for a waiver, the Administrative Officer may require the submission of specific Items of information pertinent to the proposed development. Signature of Applicant ElI will submit a plot plan with all required speci- fications. Waiver granted Y, ' Administrative Officer Dw MAR i I tO Oi RFMOPYOK MIA,0106Q Pursuant to the provisons of the General Laws of the Commonwealth of Massachusetts, Chapter 4OA, Section 15, notice is hereby given that a decision of the Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on May 13, 1985 granting a Variance to Carol Hyde for property located at 10 Pearl Street, Northampton, Hampshire County, Massachusetts. If you wish to appeal this action, your appeal must be filed in Superior Court within twenty days of the date the decision was filed in the City Clerk's Office. C MOVIE Robert C. Buscher, Chairman rN � I � I = lkl) MAY 13 1""r V DEPT.OF BUOING iNSPECTiON� NORTHAMPTON.MA.01060 r. i4� y,.... ,r+�, iY �.k�^wp�g3' .Y` ^+Yh $'i`Kt" A`.. � all i{w �1 AT' .N e ' S 1 1 111n ; n so AFE 11 %Fm%m A AK HnnrU ■ ■Envn ■l uilrnFii m r i u n .. Ef•�EfIV E n. :i ��, �� . . _ . `z 4�� i�O�'C11A1NPlO� (r14 of Xort4ainptonIER T' DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street " Municipal Building Northampton, Mass. 01060 September 26, 1991 Pearl Street Night Club Att : Carol Hyde 10 Pearl St . Northampton, Mass. 01060 Dear Ms . Hyde: As I have informed you a permit is required for the interior remodeling work that is being done at 10 Pearl St. , Northampton. As of this date a permit application has not been received, please be advised that this must be done immediately. If there are any further questions pertaining to this matter please feel free to contact me at 586-6950 ext. 240. Sincerely, - Fran ...Sienkiem-i-c� Ins,pecto-E of""Buildings FXS/lb P 89Q 36b, 096'3X-y1 RECEIPT FOR CERTIFIED MAIL NO ASURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (Sae Reverse) Sent Street d P'. tate d ZI ico Postage S Cer2411ed Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing T to whom and Date Delivered N rn Return Recelp g r Date.and At r5`o y d TOTAL P?'S'cIge` s � "9a � 5 O Postmarkjor Late t7 Cl) E LL ,Y (A m...4 a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) i I, if you want this receipt postmarked-stick the gummed stun;to the right of the return address ieavtng the receipt attached and present the article at a post office service window or hand.it to your rural carrier. (no extra Charge,! 2. it you do not want this receipt postmarked,suck the gunnfrieh stub To the right of the return address of the article, date detach and retain the receipt, an6 mars the article 3 11 you want a return receipt, write the cerrfied mail number and your name and address on a return receipt card,Form 3811.and attach it to the front of the article Dy means of the gummea ends it space per- mrs. Otherwise,affix to back of article. Endo-se f.2nt rl article RETURN RECEIPT REQUESTED adjacent to the number. ° 4_ If you want delivery restricted to the aderessee o,to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the art�c.le h Enter reps c services requested in the pp o;'o,te SJaces on the!:o t j,t1his receipt if rehim receipt rs requested, check the applicable clocks;n item;of Form 3811. 6 Save this receipt and present it if you make inquiry U.S.G.P.O. 1987-197-722 . SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address to the"RETURN TO"Space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will-provide you the name of the Person delivered t and the data of delivery.Fora +t one toes thefollowing services are ave+a e.Consult postmaster or Teas one chockbox for additional service(s)requested. 1. ❑ Show to whom delivered,date,and addresses's address. 2. ❑ Restricted Delivery (Earn�d-Me) (EVM durrge) 3. Article Addressed to: �� 4. A Ie Number il gad at�lJ T pe of Service: i j Ydt� Registered ❑ insured Certified ❑COD Express Mail Return Racal t for Me rchan We gs netura of addressee — or agent and DATE DELIVERED. 5. Signature d e B. Addressee's Address (ONLY if )( � requested and fee paid) 6. Signature —Agent X 7. Date of D 'I y ,( PS Form 3811,mar. 1988 + U.S.G.P.O. 1988-212-885 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS print your roma,address and ZIP Code in>he apace below. • CompMb i wns 1,2.8,and 4 on the USO reverse. • Attach to front of article If apace petrous. otherwise aft to back of PENALTY FOR PRIVATE - • Endorse article "Return Receipt USE, 8800 Requested"adjacent to number. RETURN � Print Sender's name,address, and ZIP Code in the space below. .' TO