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31A-035 (6) __3...14 ._rr':. • `... .. -: ..�r'�"` - v-..- - 1 �. x+'��....:L "J.i.....�..... 3/6 - 633 tiAiMp City of Northampton, Massachusetts of 1 i 4OgS TO,y Office of Planning and Development 11 Lid OCT I I ^' I City Hall • 210 Main Street I A Northampton, MA 01060 • (413)586-6950 J r.-i� � tt ' d — c rii9 FAX (413) 586-3726 - c It GcCT10NS : 74,0� * V,01060 . •Community and Economic Development -- -- �M •Conservation •Historic Preservation ��-•-�`" •Planning Board.Zoning Board of Appeals 4t •Northampton Parking Commission DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: ALFRED MARTINBEAULT ADDRESS: 53 SHERMAN AVENUE, NORTHAMPTON OWNER: ALFRED MARTINBEAULT ADDRESS: 53 SHERMAN AVENUE, NORTHAMPTON RE LAND OR BUILDINGS IN NORTHAMPTON AT:SIONWara ASSESSOR'S MAP and PARCEL NUMBERS: railliallaarate At a meeting conducted on September 28, 1994, th Northampton Zoning Board of Appeals unanimously • tohe request of Alfred Martinbeault for n rovisions 0 Zoning Board Members present and voting were: Chairman Peter Laband, Members M. Sanford Weil, Jr. , and Member Elaine Reall. The Findings of the Board under Section 9.3(a) (1) for a change in use of a Pre-existing non-conforming structure were as follows: 1. The Board found that the change will not be substantially more detrimental to the neighborhood than the existing non- conforming structure because the building will be smaller than what was previously on the site, and because the new use as medical offices will be less intensive and generate less traffic than a nursing home. 2. The Board found that the change will not create a new violation of the existing zoning requirements because the impact on the neighborhood will actually be lessened due to the smaller size of the building. ORIGINAL PRINTED ON RECYCLED PAPER Conditions imposed with this Finding are as follows: 1. The easement and the traffic flow in and out of the property, as shown on the plan entitled Proposed Medical Offices, Franklin Street, Northampton dated 8/19/94, shall become part of the permit. A copy of the easement shall be submitted and included in the file. 2. The plan entitled, Proposed Medical Offices, Franklin Street, Northampton dated 8/19/94, submitted to the Zoning Board of Appeals shall be revised to show the removal of the back porches and use of that space for an elevator and shall become part of this approval. Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section 11, no Finding 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, 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 a the certified decision of the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a Finding 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 Massachusetts General Law Chapter 40A, Section 15, notice is hereby given that this decision is 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, in the Hampshire County Superior Court or the Northampton District Court and notice of this appeal filed with the City Clerk within twenty (20) days of the date this decision was filed with the City Clerk. Applicant: ALFRED MARTINBEADLT - 5 FRANKLIN STREET Decision Date: September 28, 1994 Decision Filed with the City Clerk on: October 11, 1994 Dr. Peter Laband, Chairman -- M. Sanf'or ei l, Jr. ir Elaine Reall - 3 - ZBA Meeting Minutes of 9/28/94 Chairman Laband opened the Continuation of a Public Hearing on the request of Alfred Martinbeault for a Finding §9.3, page 9-1 of the Zoning Ordinance for a change in use for a pre-existing, non- conforming structure from a nursing home to medical offices at 5 Franklin Street. Chair Laband noted that relief should be granted under §9. 3 of the Zoning Ordinance which deals with pre-existing, non-conforming structures being changed, extended or altered. Laband reviewed procedures for holding public hearings and read a copy of the legal notice which was published in the Daily Hampshire Gazette on September 14th and September 21st. Present and sitting on the case were: Chairman Peter Laband, Member M. Sanford Weil, Jr. , and Associate Member Elaine Reall. Correspondence A memo dated 9/28/94 from the Northampton Planning Board noted that the Planning Board had reviewed the application at its September 8, 1994 meeting and had voted unanimously 7:0 not to send a recommendation to the ZBA because the Board did not feel prepared to act without conducting a more comprehensive review of the site plan and because the applicant was not present to answer the Board's questions. Mr. Martinbeault was present to discuss the application. He said he wanted to change the use from a nursing home to medical offices. He said he needed twenty-six (26) parking spaces for the intended use and thus needed to remove part of the existing building to have space for the additional parking required under the Zoning Ordinance for the intended use. Martinbeault reviewed the site plan and explained the entrance and exit access for cars. He has a right-of-way which exits onto Elm Street and has at least three parking spaces on the adjacent property belonging to Mr. Borawski. The applicant is providing a total of 26 parking spaces on the site. Dr. Laband asked the applicant if he could supply a written copy of the legal agreement for the right-of-way and the use of the three additional parking spaces for the file. A discussion ensued about the screened porches, which the applicant intends to remove in order to install elevators. Dr. Laband said he would like to set a condition upon any approval that the site plan shows that porches will be removed and that elevators will be installed in the empty space. If the porches are removed, two less parking spaces will be required. No one spoke in favor of the proposal. Louise Jeffway of 225 Elm Street questioned how many doctor's offices would be located in the building. The applicant said that there was room for three large offices or six small offices. Elaine Reall moved to close the Public Hearing. M. Sanford Weil, Jr. seconded the motion which passed unanimously 3:0. - 9- M. Sanford Weil reviewed Section 9.3 (1) , page 9-1 of the Zoning Ordinance which deals with changes to pre-existing, nonconforming structures. Weil said that since the size of the structure will be diminished, the non-conformity will not be exacerbated. He also noted that the change in use would not be substantially more detrimental to the neighborhood than the previous use. Elaine Reall agreed with Mr. Weil, and said she would vote in favor. Dr. Laband also agreed with his colleagues, and noted that, because the building will be smaller than what was currently on site, the impact ' on the neighborhood will actually be lessened. Laband further noted that three large offices (or six small offices) will be a lesser impact on the neighborhood than a nursing home, and he too was prepared to vote in favor of the Finding with the following two conditions: 1. The easement and the traffic flow in and out of the property, as shown on the plan, shall become part of the permit and a copy of the easement shall be submitted to be included in the file. 2. The plans submitted to the ZBA shall be revised to show the removal of the back porches and use of that space for an elevator. M. Sanford Weil moved to approve the request for Finding with the two conditions mentioned above. Elaine Reall seconded the motion which passed unanimously 3:0.