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39A-76 (44) 09/10/98 09:54 ft94135871284 NORTHAMPTON, MA n a1 001 fizz 40! kind4 519, (z4) DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on June 29, 1988, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the request of Treebeard Associates for a Special Permit under the Provisions of Section 5.2 of the Northampton Zoning Ordinance for the purpose of constructing a 53' x 42' building to operate a SpeeDee Oil Change & Tune- Up franchise in a General Business District, at property located at 19 Fulton Avenue. Present and voting were Acting Chairman William Brandt:, Irene David, and M. Sanford Weil, Jr. The Findings were as follows: The proposed use is an allowed use under Section 5.2 of the Northampton Zoning Ordinance. The requested use bears a very positive relationship to the public welfare, in that a very attractive building will replace what is now a former coal yard, "a blighted area." The requested use will not create undue traffic congestion. There will be no new curb cuts. The requested use' will not overload any municipal facilities. The requested use is an appropriate one, is in keeping with the character of the other businesses and commercial enterprises in the neighborhood, and is in harmony with the general purpose and intent of the Ordinance. ft William Brandt, Chairman C3itt�e���Jizc�ce Irenee David. M. Sanfo d Neil, Jr. 09/10/98 09:55 $94135871264 NORTHAMPTON. MA Z002 01S Northampton Zoning Board of Appeals June 29, 1988 Meeting The Northampton Zoning Board of Appeals met at 7:07 p. m. on June 29, 1988 in Council Chambers; Wallace J. Puchalski Municipal Building, to announce a decis on on the Application of Treebeard Associates for a Special Perini under the Provisions of Section 5.2 of the Northampton Zon ng Ordinance for the purpose of constructing a 53' x 42' build ng to operate a SpeeDee Oil Change and TuneUp franchise in a Gen ral Business District, at property located at 19 Fulton Avenue. , Present and voting were Acting Chairman William Brandt, IreneDavid, and M. Sanford Weil, Jr. Ch. Brandt read a memorandum from the Northampton Planning Department which voted unanimously to recommend approval of the Applicant's request for a Special Permit, with the condition that the three large maple trees on'the site be preserved, or replaced if they must be removed to permit construction. He also read the Section 10.10 criteria for granting a Special Permit. Mr. Weil moved that the minuted of the last meeting be accepted without reading. Mrs. David seconded, and the motion passed unanimously. Mr. Weil thought the plan "meets the requirements for a Special Permit." He tel that the proposed use is not only not detrimental, but to the ad antage of the public, and moved to grant the Special Permit. Mrs. David generally agreed, Out expressed some concern over the flow of traffic behind the car wash, but concluded that addition of yet another curb cut would icause here even more concern. She seconded Mr. Weil's motion, and said she would vote in favor, Ch. Brandt found that the requirements of Section 10.10 had been met, that there is a positive relationship to the public welfare in that a blighted area would be replaced; that the traffic issue had been properly addressed and that there would be no traffic hazard created by the proposed building, that the use does not impair the integrity of the Zone and is in harmony with the intent of the Ordinance. Me asked to insert the condition that the three existing tree be preserved or replaced, and Mr. Weil so amended his motion, wh ch passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. %I, r William Brad t, Cha rman 09/10/96 09:56 094135571264 SUR'IUAanIn. .MA R8003 . r • Northampton Zoning Board of Appeals June 15, 1988 Meeting The Northampton Zoning Board of Appeals met at 7: 35 p. m. on June 15, 1988 in Council Chambers, Wallace J. Puchalski Municipal Building, to conduct a Public Hearing on the Application of Treebeard Associates for a Special Permit under the Provisions of Section 5.2 of the Northampton Zoning Ordinance for the purpose of constructing a 53' x 42' :building to operate a Speenee Oil Change 6 Tune-Up franchise in a General Business District, at property located at 19 Fulton Avenue. Present and voting were Acting Chairman William Brandt, Irene David, and M. Sanford Weil, Jr. Ch. Brandt read the Legal Notice as published twice in the Daily Hampshire Gazette, and read the memorandum from the Northampton Planning Department that ill had not yet reviewed this Application. Under this Boas by-laws, the Public Hearing will be conducted as advertised. b the decision of the Board will be reserved until the Planning rd' s recamoendetion is received. Atty. Eric B. Gervais appeared for the Applicant, who is contract purchaser of this property, the former Sabin Coal Company yard, directly North of the car-Wash on lower Pleasant Street in a General Business District. The parcel is 25,000 square feet, and on it Applicant proposes t 4 construct a 2300 square foot building, a three-bay SpeeDee 1 Oil Change 6 Tune-Up facility, a steel building with prefabricated stone outer walls. Customers would exit Pleasant St. onto Fulton St. , which literally "disappears" as it enters the property. After service, cars would go South behind the existing car-wash and exit at an existing curb cut between the car-wash and the gasoline station immediately South of it. The' Zoning Ordinance requires eight parking spaces; 20 are available, and more will be available on land immediately to the Easti owned by the Boston and Maine Railroad, by agreement withthem. There are two structures on the lot now; a garage, which wi11 be demolished, and a home which will be given to the Northampton Land Trust and moved elsewhere. Atty. Gervais referred to the criteria which must be met for a Special Permit to be granted (Section 10.10) , and stated that the proposed use is an allowed li use under Section 5.2, there is a positive relationship to th♦ public good in that a very attractive building will replete what is now a former coal yard, "a blighted area. " He added ghat it is an appropriate use and will not overload any municipal facilities. Ch. Brandt inquired about What he regarded as "a dangerous intersection" at Routes 5-10 and Cons Street. Mr. Gervais said that has been discussed with the DPW, and "they like the single exit for the car-wash and the SpeeDee facility." Ch. Brandt,also aosnlarrrov. "5 _ ®ono... 09/19/98 99:57 0991A5/012]Gfi • • • Northampton Zoning Board of Appeals June 15, 1988 Meeting Page Tun concerned about the added traffic the new facility would bring, was reassured by Mr. Gervais that the car-wash building used to house a food service division of Coca-Cola, with trucks coming and going all day, along with ' E & J Vending trucks. Mr. Weil asked about improving the ingress to the car-wash by using the same entrance as the proposed facility, but Mr. Gervais responded that the DPW would not allow the existing curb cut to be widened. Mr. Weil added that the locus, "now is desolation" Mrs. David inquired as to DEQE issues, and Mr. Gervais replied that they had their "21-E", and there wereto be no underground oil storage tanks. No one was present to speak in'favor or in opposition. Councilor Brooks asked if the "stacking lane" for the car-wash would remain, and he was told that it would. Mr. Weil moved the meeting be closed and the matter taken under advisement pending receipt of the Planning Board's recommendations. Mrs. David seconded, and the motion passed unanimously. The decision will be announced at the June 29th meeting. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Wiliam Br t, C airman 09/10/99 09:57 $94115971204 \IIRTIIMdVIV\. MA 1-46005 Ait ck CITY OF NORTHAMPTON i" + ZONING BOARD OF M M APPEALS JPS Fa NOT'AP,OM. MASSACMVS[TI ) DATE: July 11, 1948 Certificate of Granting of Variance or Special Permit IGeneral Laws, Chapter 40A, Section 11) THE BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE AND/OR SPECIAL PERMIT HAS BEEN GRANTED ii TO: Treebeard Associates ADDRESS: 195 Main St. , Suite 2B CITY: Northampton, MA 01060 1 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: 19 Fulton Ave. , ,Northampton, MA And the said 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 plenreferred to in the decision, have been filed with the Planning Board and the City Clerk. The 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 I 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 recordep in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the nae 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. If the rights Of a Variance granted under the provisions of Section 10, Chapter 40A, N.G.L. are not exercised within one year of the date o the grant of such variance, they shall lapse and may be reestablished only after notice and a new hearing pursuant to Section 10, Chapter 40A, M.G.L. a-(4-14-44. Chairman cretary