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39A-76 (23) q fii9E tog 0 r57. DECISION OF UUgee IL_ NORTHAMPTON ZONING BOARD OF APPEALS DEPT Of BUILDING INSPECTIrerc NORTHAMPTON MA 0',_ At a meeting held on October 18, 1989, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the request of Quickbeam Realty Trust for a Special Permit under the Provisions of Section 7 . 4 of the Northampton Zoning Ordinance to allow the placement of a ground sign at 492 . Pleasant Street in the General Business District. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The Findings were as follows: Section 7 . 4( 2 ) (b) ( 1) provides that the Zoning Board of Appeals may issue a Special Permit for one ground sign in addition to wall signs, provided that there must be unique features to the structure, or the orientation of the structure. . .especially affecting such structure but not generally affecting the zoning district in which it is located. The Board found that the structure in which five retail businesses are located, does have a unique orientation in that the length of the building runs parallel to Pleasant Street, the five businesses are on the south side of the building, and are invisible to motorists approaching from the North. The Board found that the requested use is allowed by Special Permit, and bears a positive relationship to the public convenience by identifying the businesses. The placement of the sign will in fact prevent traffic congestion by giving motorists advance notice of the presence of the businesses and avoiding sudden stops and quick turning movements . The requested use will not unduly impair the integrity of the ,-----_ ..,..-......,....... t , .. ...„. : ,. . OA t'' ' :' .....o.A..... NORTHAMPTON ZONING BOARD OF APPEALS DECISION QUICKBEAM REALTY TRUST SPECIAL PERMIT PAGE TWO district or adjoining zones, nor be detrimental to the health, morals, or general welfare, and will be in harmony with the general purpose and intent of the ordinance. Robert C. Buscher, Chairman - / 7r; M. Sanford Weil, Jr. L/;ii I�40 William B 'a «t Northampton Zoning Board of Appeals October 18 , 1989 Meeting Page One The Northampton Zoning Board of Appeals met at 7: 30 p. m. on Wednesday, October 18 , 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, for the purpose of conducting a Public Hearing on the Application of Quickbeam Realty Trust for a Special Permit under the Provisions of Section 7.4 of the Northampton Zoning Ordinance to allow placement of a ground sign in the GB District. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, and a memorandum from the planning Board. He also read the portion of the ordinance relating to signs in Business Districts. Atty. Eric B. Gervais appeared for the Applicant. He pointed out that all the businesses in the carwash building are on the South side, and have wall signs, but cars coming from the North cannot see these signs. "The orientation of the building requires a ground sign, " he added. This will be a 30SF sign, seven feet high, with plantings. He added, "This is the only way to identify these five businesses for people coming from the north. The building orientation is unique. " There was no one present to speak either in favor or in opposition, so Dr. Laband moved the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Ch. Buscher pointed out that the Applicant seeks relief under the Provisions of Section 7.4, which states that a Special Permit can be granted for a ground sign in a "B" Zone if certain unique characteristics exist. He agreed that the building orientation is unique, and the criteria have been met. Dr. Laband concurred that there are unique features to the orientation of the building. He went through the Section 10 .10 criteria, and found that they had all been met. Mr. Weil agreed with his colleagues. Dr. Laband moved that the Special Permit be granted, with the condition that the sign be no higher than seven feet, with plantings at its base. Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman .�o15gti CITY OF NORTHAMPTON eti ZONING BOARD OF APPEALS 11 NORTHAMPTON. MASSACHUSETTS 01060 Ti DATE: NOVEMBER 2, 1989 RE: THE APPLICATION OF QUICKBEAM REALTY TRUST FORA SPECIAL PERMIT TO ERECT A GROUND SIGN AT 492 PLEASANT STREET. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the requested Special Permit. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. Robert C. Buscher, Chairman S • "� . CITY OF NORTHAMPTON 3 '.4•Lai. ZONING BOARD OF APPEALS *7, :i`,- NORTHAMPTON. MASSACHUSETTS 01060 't�� mss:�4�- ,t Js DATE: November 2, 1989 Certificate of Granting of Variance or Special Permit (General Laws , Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: QUICKBEAM REALTY TRUST ADDRESS: 195 MAIN STREET CITY: NORTHAMPTON, MA 01060 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: 492 PLEASANT STREET, NORTHAMPTON, MA. And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and.correct copy of its decision granting said Variance/Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 ( last paragraph) provides that no Variance 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: i�1� By: g4n1/4(514. , Chairman Secretary i • •