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30A-076 (18) r , City of Northampton, Massachusetts O4� TO Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 ' FAX(413) 586-3726 `'E $ •Community and Economic Development `s • Conservation •Historic Preservation • Planning Board•Zoning Board of Appeals •Northampton Parking Commission DECIRION OF NORTHAMPTON ZONIWE BOARD OF APPEALS APPLICANT: PRIMERA IGL. HISPANA FUENTE DE SALVACION, INC. APPLICANT ADDRESS: 255 FEDERAL STREET, MONTAGUE, MA OWNER: BARRY ELBAUM ' OWNER ADDRESS: 25 PROSPECT STREET, HATFIELD, MA 01038 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 340 RIVERSIDE DRIVE At a meeting held on August 18, 1993, the Northampton Zoning Board of Appeals voted unanimously tc3t he request of Primera Igl. Hispana Fuente de Salvacio#�, fnc. for a under the Provisions of §9 . 3A of the North mpton Zoning Ordinance, to allow a� tt 440 0-f �°� O A �dri 'fib-` hdl , �tawrehi�. =1llr �' ► ►�. Present and voting were Chairman Robert' C Buscher�, Alex Ghiselin, and M. Sanford Weil, Jr. The findings were as follows: 1. The Zoning Board found that the requested change would not be substantially more detrimental than the existing nonconforming use to the neighborhood. 2 . A church is allowed in all Zones of the City of Northampton, including the General Industrrial Zone. The Conditions are as follows: 1. The applicant must comply with appropriate building codes and regulations as well as Fire Department code standards. 2 . An alternative form of egress must be installed due to the danger presented by the front door being located so close to the street. This is being required because a secondary form of egress is necessary to assure the safety of persons walking in and out of the building. 3 . All church services and meetings shall be allowed only on the first floor of the building. No noise-generating activities or services shall be allowed on the second floor. 4 . The applicant must comply with the City of Northampton's noise ordinance as outlined in §12 .2 (I) , page 12-2. 5. Violation of any of the preceding conditions shall void the Finding. -2- Pursuant to Mass. General Law], Chap. 40A, §11, no variance, finding, or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed with the City Clerk and that no appeal has been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the "Hampshire County Registry of Deeds or Land 'Court, as applicable" and indexed under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. It is the owner or applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a variance, finding, or special permit has been granted and that copies of this decision and all plans referred to in it have been filed with the Planning Board and the City Clerk. Pursuant to Mass. General Laws, Chapter 40A, section 15, notice is hereby given that this decision its filed with the Northampton City Clerk on the date below. If you wish to appeal this action, your appeal must be filed pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire Superior Court and notice of said appeal filed with the City Clerk within twenty (20) days of the date this Decision was filed with the City Clerk. DECISION DATED: August 18, 1993 DECISION FILED WITH CIT CLERK: August 31, 1993 Robert C. Bus the r !; M. Sanford Weil, J�. P r-Y.- Alex Ghiselin -3- ZBA Meeing - August 18, 1993 tet. ,rr Continuation of Public Hearing on the request of the Primera Igl. Hispana Fuente de Salvacion, Inc. for a Finding under §9.3A of the zoning ordinance for change of use of a pre-existing, non- conforming structure to be used as a church at 340 Riverside Drive. Present and sitting on the case were: Chairman Robert Buscher, Alex Ghiselin and M. Sanford Weil, Jr. Chairman Buscher noted that the Public Hearing was initially opened and heard on July 21, 1993 and continued to this date in order to allow the applicant and the abutters time to have a dialogue and reach a compromise on the noise levels. Reverend Yolanda Santiago was present to discuss the case. She said that the church had mailed out a letter to each of the abutters asking them to visit the church and look over the space so that the abutters could see first-hand what was going on. Santiago said that some neighbors did come out to visit, and noted that during the past month they had received no complaints on noise. The services have been moved from the second floor to the first floor and the meetings have been held downstairs as well. The church has tried its best to modify the noise levels. Weil said he thought the church had agreed to discontinue use of the loudspeaker. Santiago said that some of the neighbors had complained about the volume of the voices carrying throughout the neighborhood. She said that the church had discontinued using the loudspeaker for speakers. The church has never used drums in their services. Santiago said that by moving the services downstairs there seemed to be less noise because there were less windows in the downstairs room. One of the neighbors, Mr. Wagner, said that the noise had not been "as bad" as it had been previous to the last meeting. Councillor Fitzgerald was present to show his support for the neighbors of Bay State. He said that the people who live in Bay State are usually very tolerant and he thought that if they were complaining so vehemently about the noise from the church, he thought the ZBA should take their complaints seriously. Fitzgerald said that the neighbors are not the kind of people who complain easily. Fitzgerald said he hoped that whatever the decision of the ZBA, that a compromise would be reached to satisfy both parties. M. Sanford Weil said he had talk with Joe Koncas of the Police Department and had been told that the police had no record of any complaint calls on the church. Councillor Fitzgerald said that the police may have recorded complaints at "The Office" instead of the church. Barry Elbaum said that he thought the problem of noise was vastly reduced by the church moving the services downstairs. He said that on the second floor the building served as an amplifier with more windows and the windows being open due to the heat. Since the last ZBA meeting, the church had moved downstairs and that had alleviated a lot of the noise problem. Elbaum said that the church would continue to conduct their services on the first floor. -4- ZBA Meeting - August 18, 1993 Weil expressed concern about limiting the number of people who are allowed to be on hand for services. The Building Inspector or the Fire Department usually specified the maximum occupancy for buildings according to size. Mr. Wagner said he had called the police one time and told the police to make sure they logged in the complain. Pat Rowan said she lived in Bay State and that she, along with five or six neighbors, visited the church on Sunday, and said she thought the church was very nice. However, Ms. Rowan voiced concern that the front door to t'he building was very close to the road and she worried that someone might get hurt entering or exiting the church. The distance between the door; the road is very short; and the traffic goes fairly fast down the street. Alex Ghiselin moved that the Public Hearing be closed. M. Sanford Weil seconded the motion which passed unanimously 3: 0. M. Sanford Weil read the criteria in the zoning ordinance under §9. 3A for changes, extensions or alterations of pre-existing, nonconforming structures. Weil!, said it was his opinion that a change of use to a church in a small building on the first floor would not be substantially morel detrimental to the neighborhood than the previous use of the building. Weil said he was prepared to vote in favor of the application contingent on the following stipulations: 1. The Building Inspector shall be instructed to ascertain that the building meets all the necessary building code requirements for a public assembly structure. 2 . That the musical instruments used in the service, if they must be electrified, be played at the lowest possible decibel level. 3 . That the side entrance which already exists be made available for entry so as to relieve tihe danger of people going out the front door which is located very close to the street. Alex Ghiselin said that he had ' been very upset at the last ZBA meeting because of the vehemence' of the anger from the neighbors. Ghiselin said it seemed like the neighbors feel that the church has made an effort, but the neighbors are worried that once the permit is granted they would have no guarantee that the noise level would not escalate to a disturbing volume again. Ghiselin said he felt that the church wanted to be a good neighbor and would be cooperative in controlling the 'noise levels. Ghiselin said a church was a use which the Zoning Ordinance allows in all zones. He agreed with Weil that another exit should be mandated away from the street because of the danger from traffic too close to the front door. Ghiselin also noted that the zoning ordinance §12 .2 , page 12-2 , which covers the allowable noise levels, lists the maximum noise levels in decibels and should be used as a guideline -5- ZBA Meeting - August 18, 1993 OwIft for setting a condition upon approval of Special Permit. The guidelines indicated that for residential areas between 7 : 00 A.M. and 10:00 P.M. the maximum noise levels should not exceed 60 dBA; and between 10:00 P.M. and 7:00 A.M. the maximum noise levels should not exceed 50 dBA. Ghiselin said he would be willing to vote in favor of the permit if a condition was attached outlining the maximum noise levels allowed for the church. Chairman Buscher noted that a church is allowed in all zones of the City of Northampton, including the General Industrial zone. Buscher said he agreed with his colleagues that this application is for a use which the ZBA can allow to be carried on in this non- conforming structure and lot. Buscher noted that he felt that there are restrictions that need to be placed on the church's activities in order to protect the neighborhood. Buscher noted 'that the following conditions should be attached to approval of the Special Permit: 1. The applicant must comply with appropriate building codes and regulations as well as Fire Department code standards. 2 . An alternative form of egress must be installed due to the danger presented by the front door being located so close to the street. This is being required because a secondary form of egress is necessary to assure the safety of persons walking in and out of the building. 3 . All church services and meetings shall be allowed only on the first floor of the building. No noise-generating activities or services shall be allowed on the second floor. 4 . The applicant must comply with the City of Northampton's noise ordinance as outlined in §12 .2 (I) , page 12-2 . 5. Violation of any of the preceding conditions shall void the Finding. Buscher said that if the applicant complies with the conditions as outlined above, then the use will not be substantially more detrimental to the neighborhood than the previous use and he will vote in favor of granting the petition. M. Sanford Weil moved to approve the Finding with the conditions as noted above. Alex Ghiselin seconded the motion which passed unanimously 3:0. -6 -