38C-020 (15) City of Northampton
Massachusetts
si' c
i s
DEPARI'!ffiNT OF BUILDING INSPECTIONS p'
212 Main Strmet • Municipal Building 41pCe
Northampton, M.l 01060
Sham Mersack
361 South Street
Northampton, MA 01060
Re: 375 South St
Map-Lot 38C-020
June 18, 2018
Dear Ms. Mersack,
We have investigated your complaint about the activities at Pioneer Valley CrossFit at 375
South Street. The Zoning Board of Appeals issued a permit for a change in use for that property from
car dealership to fitness center in 2013. Based on the Zoning Board of Appeals permit and our site visit
last week, the activities you've described are in accordance with the terms of the decision. That permit
sets the hours of operation from 5:30 am to 8:00 pm.
The city's zoning ordinance has no regulations for vibration and our department has no way to
measure them. Also, the zoning ordinance also doesn't address property values.
We will take no action on this complaint.
Massachusetts G.L. 40A, §§ 8 and 15 provides for appeals. The appeal must be taken within 30
days of this decision. An appeal under§ 8 is made to the permit granting authority; in Northampton, the
Zoning Board of Appeals. More information about the appeal process is available from the Office of
Planning and Sustainability; (413) 587-1266.
Respectfully,
Louis Hasbrouck
Building Commissioner
City of Northampton
hasb ro uck(5 northa mpton m a.goy
(413)587-1240
Zoning Board of Appeals-Decision City of Northampton
Hearing No.: ZBA-2013.0016 Date: May 13, 2013
APPLICATION iITe. sUBAY5s1pN DATE:
Commercial Fintlin N1920f3
Applicant's Name: Owner's Name:
NAMEFADE
Thomas Douglas Architects Riotous,8 Sony Doemy
ADDRESS: ADDRESB••�
196 PLEASANTST 8 grandview lane
TOWM STATE DP CODE: TONM. STATE 21P LOGE.
NORTHAMPTON MA 01000 EASTHAMPTON MA 01027
PHONE NO.: FANO: —ENO.. FAX NO:
413 585-06/1 413 582-9882
IRAALP➢DRESS. R AB ADDRESS:
Site Information: Sumo or's Name:
STREET NO.: SITE ZONING: COMPANY%,ME.
375 SOUTH ST URBTIOMAMIU/
TO✓nt ACTON TANEN: ADDRESS.
NORTHAMPTON MA 01060 Aooroved w/Conditions
MAP: BLOCK LOT. MAP DATE: SECTION Of BYLAW.
38C 1020 1001 Chapt 350-9.3(1)(D):Pre-existing Tovm: STATE: IMPCODE
eaac +9<. Noncombmung Structures or Uses May be
10690 7 Changed,Emurded or Altered wiMa PHONE NO. FAXNO.:
Finding from the Zoning Board of Appeals.
EMM!ADDRESS
.
NATURE OF PROPOSED WORK
PIONEER VALLEY CROSSFIT
HARDSHIP:
CONDITION OF APPROVAL.
1) Permit is grortfed ro Me applicant only: Cross Fit and its current ownership and not generallyW any
membership club.
2). Hours of opere0on granted are from 5:30 AM M 0:00 PM.
FINDINGS:
The Zoning Soard of Appeals granted Me Firu fng Amending the original permit granted the property owner by allowing Cross Fd
membership club occupy Me spare previously approved for office use based on the matelots and graphics submitted with Me
application.
This amendment only changes Me allowed use and does not after any of Me other she comOtions as stipulated in Me original Permit
granted in January 2013.
COULD NOT DEROGATE BECAUSE.
FLNf DEADUNE: MAUNGDATE' HEARING COM1TNUFD DATE: CISIgI ORMT BY. PPEAL GATE.
4912013 5/42013 5232013
REFERRALS IN DATE HEARING DEADLINE DATE'. HEARINGCLOSEDATE. NALSIGNINGBY AFFPM DEA0.INE:
4272013 623,2013 59/2013 5232013 62/2013
FIRSTADVERTISNGDATE: HEARING DATE vDONG DATE DEC4XA DATE
4/252013 59/2013 592013 Sr13/2013
SECOND ADVERTMING DATE HEPRINGTHE. OTNGDEADLINE: DECISIONDEADLINE.
5212013 5:50 PM 5232013 721 13
MEMBERS PRESENT VOTE
Elizabeth Silver votes to no action,needed
Malcolm S.E.Smith votes to Grant
David Bloomberg votes to no action needed
San Northrop votes to Grant
Bob Riddle votes to Grant
BNRddeB . SSn DNorBTh.n 7CAIMr. DEGCM:t:d
w/ComgOons
GeoTMS®2013 Des laumm;Municipal Solutions,Inc.
Zoning Board of Appeals-Decision City of Northampton
Hearing No.: ZSA-2013-0016 Date: May 13, 2013
MINUTES MEETING.
Available in the Office o/Planning&Development.
1, Carolyn Misch,as agent to the Zoning Board ofAppeel%certify that this is a true and accurate decision made by Me Zoning Board and
certify Mrd a copy of Mis and all plans have been glad with the Board and the City Clerk on the date above.
I certify that a ropy of this decision has been mailed M the Owner and Applicant
NOTICEOFAPPEAL
An appeal from Me decision of Me Zoning Board may be made by arty parson aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended within(20)days f30 days fora residential Finding)after the dale of Me sling of this decision with Me City Clerk. The data of
Ong is listed above. Such appeal may be made to Me Hampshire Superior Court and;a carolled copy of an,appeal sent to Me City Clerk
of Northampton.
GeoTMS®2013 Des Laurier,Municipal Solutions,Inc.
Pioneer Valley Crossfit
375 South Street
Zoning Board Finding Application
4/15/13
Description:
Pioneer Valley Crossfit is a personal training facility, specializing in training using
gymnastics, calisthenics, and free weights in small class environments (5-15 people per
class). Pioneer Valley Crossfit proposes a simple tenant fit-out with 2 new accessible
toilets and 2 new accessible shower rooms and lockers as seen in the proposed floor plan.
The exterior of the building will remain as-is. The adjoining tenant, Nicholas Duprey is
the owner and landlord and he strongly supports the project.
Describe in detail how you meet all three requirements:
1. The existing property or building or use is legally preexisting non-conforming. The
owner has been approved for business use and a car dealership with a special permit.
2. The proposed work will not create any new zoning violations. There will be no work
on the exterior of the building. The new tenants are requesting a change of use.
3. The proposed work is not any more detrimental to the area than existing conditions.
The proposed use will enhance the area as the building is currently vacant. The new
business activates the properly while having very little impact on traffic. Pioneer
Valley Crossfit will open with 5 classes a day at Gam, Sam, noon, Spm and 6.30pm.
They expect approximately 8 to 10 people per class on average Monday through
Friday, and one class Saturday morning. There are no retail uses. Anyone visiting the
business will be there as a paying member of Pioneer Valley Crossfit and classes are
capped at 15 people. There maybe a small overlap of classes but in general there will
only one class of 5 to 15 people plus 3 trainers and approximately I staff member in the
building at any given time.
Zoning Board of Appeals -Decision City of Northampton
Hearing No.: ZBA-2013-0008 Date: January 17, 2013
PPPLILPPON TYPE: SUBMISSION OATE'.
Commercla/Fndi'n 10HZ2D12
Applicant's Name: Owner's Name:
NAME: NAME'.
DUPREY NICHOLAS B BETTY L DUPREY NICHOLAS a BETTY
ADDRESS: ADDRESS.
PO Box 904 PO Box 904
To. STATE: 21P CODE: TOWN: STATE: ZIP CODE:
EASTHAMPTON MA 01027 EASTHAMPTON MA 01027
PHONE NO.: FAX N0. PHONE NO: FAA NO.'.
413 527-teol il (413)527-5/01
EMAIL ADDRESSEMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SNEZONING COMPANY NAME:
375 SOUTH ST URB(100)I P(6)/
TOWN: ACTION TAKEN- ADDRESS:
NORTHAMPTON MA 01060 Aponomd Fe/Conditions
MAE. 0200 LOT: MAPDATE. SELTIONOF BYLAW'
38C 020 001 Chpt 350.9.3:Pre-existing Nonconforming TOWN: STATE. ZIP CODE.
E.. aee: Structures or Uses May be Changed,
10890 117 Extended or Altered. PHONE NO.: FANO
EMAILADDRESS:
NATURE OF PROPOSED WORK
Change use to two spaces,one for office and one for used car sales only,no service.
HARDSHIP.
CONDRION OF APPROVAL.
1) The 75'.5'buffer M the house at 361 South Street shall be maintained with Me 14 Arborvitae already
planted.
2).All curb openings except for the two 24'wide cuts shown on the plan and a third 10'wide Curb cut
in pont of the overhead door on the office end of the building shall be closed. Excepf for these 3
openings allowed to remaln,curbing for the residual length of the entire hontage shall be installed in
accordance with Department of Public Works standards.
3). All but 3 existing pole lights that are located in Me center island of Me sire shall be removed.Prior
W replacing bulbs in Mese pole lights,approval is required by Me building commissioner and the
applicant must show that the lowest wattage bulbs available for the fixture are being Installed.
4). There shall be no light spillover olfproperty.
5). One ground sign is allowed M remain. The second shall be removed One wall sign is allowed,
6). The lighting for the ground sign shall be turned oAat 8 PM.
7). The Floodlights attached to the ground sign at the street and Me sat attached to the southeast
comer of the building shall be removed.
6).The entire frontage of the parcel,except for the area nestled for the 3 defined driveway entrances
shall contain a planting strip of 5'wide that is grassed m otherwise covered with natural materials and
contain shade trees.
9).A total of 9 shade frees of 2.5"caliper upon planting shall be planted west side of the westerly curb
cut and a total of 4 shade bees of east of the westedy curb cut Two of these bees shall be located in a
5'x 30'long landscaped area between the 10'wide curb cut and the easterly most 24'wide cut.
10).Curt stopsbumpsrs orsolid curbing shall separate Me buffer along the sidewalk from Me parking
spaces along South Street Similar curt slops shall be utilized to demarcate Me entire landscape
island to be created in the center of the site.
11). The landscaped island in the center of the site shall be grassed or covered with natural materials
GeoTMM 2013 Des Laurlers Municipal Solutions,Inc.
Zoning Board of Appeals -Decision City of Northampton
Hearing No.: ZBA-2013.0008 Date: January 17, 2013
and include 5 shade bees of 2.5"caliper upon planing.
12). No banners or streamers are allowed to be hung on the site.Further,the applicant shall comply
with all other aspects of Me zoning ordinance as It relates to signs.
FINDINGS.
The Zoning Board granted the Finding based on Me materials and graphics submitted with Me application.
The Findings of Me Board under Section 9.3 fora change in use on Me pre-existing non-ronfonning hof with a non-conforming use were
as follows:
1. The Board found Mat Me change would not be substantially more detrimental NO Me neighborhood Man the exisfing nonconforming
uses approved for the lot. The changes proposed and approved.5,250 square feet of used car dealership that will not include any auto
service orrepair with 7,530 square feet for office space. Many of the non-conforming aspects of the site would come closer to meeting
the zoning standards Mrough changes shown on Me application miles conditioned herein Including removal ofground signs and non-
conforming bond lamps as wall as landscaping.
2. The Board found that the structure would not extend any closer to any front,side,or rearproperty,boundary than the current zoning
allows.
3. The Board also Determined Mat Me new construction would not create any new violation of other zoning provisions.
COULD NOT DEROGATE BECAUSE.
FILING DEADLINE. MAILING DATE: HEARING CONTINUED DATE. DECISION DRAFT BY APPEAL DATE
11/1312012 12/8/2012 1/2412013
REFERRALS IN DATE: HEARING DEADLINE DATEHEARING CLOSE DATE FINAL SIGNING BY APPEAL DEALLINE-
1v112012 121162012 1110/2013 1/2M2013 2/62013
FIRETADVERTISING DATE' HEARING DATE VOTING DATE: DECISION DATE.
11129/2012 1211311012 1/102013 1/17/2013
SECOND ADVERTISING DATE'. NG TIME. VOTING DEADLINE. DECISION CEADUNE.
12/62012 5:30 PM 1124/2013 1120M13
MEMBERS PRESENT VOTE.
Elizabeth Silver Votes to no action needed
Malcolm B.E.Smith votes to Grant
David Bloomberg votes to Grant
Sara Northrup votes to Grant
MOTION MADE BY: SECONDED BY. VOTE COUNT. DECISION.
Sara Northrup Malcolm B.E.Smith 3.41 Granted w/Contlldons
MINUTES OF MEETING:
Available in the Office of Planning 8 Development.
1,Carolyn Misch,as agent to Me Zoning Board of Appeals,certify Mat this is a true and accurate decision made by Me Zoning Board and
certify that a copy of Mia and all plans have been filed with Me Board and the City Clerk on the data shown above.
I certify that a ropy of this decision has been mailed to Me Owner and Applicant.
NOTICE OF APPEAL
An appeal from the decision of Me Zoning Board maybe made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended,within(20)days[30 days fora residential Finding]after the data of the filing of this decision with Me City Clerk. The date of
filing is listed above. Such appeal maybe made M the Hampshire Superior Court with a cued copy of the appeal sent to Me City Clerk
of Northampton.
GEDTMM 2013 Des IUMUdis s Monklpal Solutions,Inc.
= �ilc#MP-2013-0028
PLICANT/CONTACT PERSON DUPREY NICHOLAS&BETTY L
DRESS/PHONE P O BOX 904 (413)527-54010
ROPERTY LOCATION 375 SOUTH ST
39C PARCEL 020 001 ZONE URB(100)/WP(6U
THIS SECTION FOR OFFICIAL USE ONLY
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid 975
Building Pemut Filled out
Fee Paid
Tvoeof Construction ZPA-USE
New Construction
Non Structural interim renovations
Addition to Existing '
Accessory Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFORMATIONPRESENTED:
_Approved Addnal permits required(see below)
PLANNING BOARD PERMIT REQUIRED UNDER: §
Intermediate Project:_Site Plan AND/OR Special Permit with Site Plan
Major Project: Site Plan AND/OR_Special Permit with Site Plan
ZONING BOARD PERMIT REQUMD UNDER:§ 3 5o -9, 3
Finding ✓/ Special Permit Variance"
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Cmb Cutfrom DPW Water Availability Sewer Availability
_Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission Permit from CB Amhitectum Committee
Permit from Elm/Street Commission Permit DPW Storm Water Management
lK
Signature of Building Official Date ( '
Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning '
requirements and obtain all required permits from Board of Health,Conservation Commission,Department
of public works and other applicable permit granting authorities.
- Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning&Development for more information.
- �q—� -:VEQ (J
.' A6� Z P M FiieNo. m r
K NTNG PERMITAPPLICATFON ®.2j
Please type or print all information and return this form to the Building
Inspector's Office with the $15filingfee (check or money order)payable to the
City of Northampton
1. Name of Applicant:
6rm Hoer/
Address: Telephone: v 6
2. Owner of Property:\SL�IYYi-�_. �(c3 Sd7 Sf/D l
Address: Telephone:
3. Status of Applicant: Ownerc`L/ Contract Purchaser Lessee_ Other (explain)
4. Job Locatiori r7nL�th 0liL. Yl/OLC✓1L(.!7't
Pareel'Itl:: 3miing;Map# "Parcel# Drstrlet(sJs.
-
In°Elm Str@Et 6rst`aict � .Ih°Cpntral"9wsiness6rstnGti
(TD BEfftLL,Eb-IN'9Y THV,;W[LOIN R QEPARSSMEw
5. Existing Use of Structure/Property:
6. D , tiption�f Proposed Use/Work/ProjeR/Occupatlon: (Use additional sheets if necessary):
�,LP -�. .lie7iST ns.ti4 - Se nom- rn oy,
YYl6VNd.H fyt�L c�tLQda. v�i,mi �bfs1-c%i'- ranlu�.Q Q,naQ SP1fi7rn�114-vr.�.
i(rm c�e_+ct xF�t n cQ .5 - O lA W�u bt l�3v fnrr J�[t e E
7. Attached Plans: Sketch Plan Site Plan Engineered/Surveyed Plans �g"d-,Laxk.�Q
8. f Has a Special Permit/Variance/Finding ever been issued for/on the site? l'i r p,m
NO DONT KNOW YESIF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO DONT KNOW YES
IF YES: enter Book Page and/or Document#
9.Coes the site contain a brook, body of water or wetlands? NO 1-1,— DONT KNOW YES _
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained date issued:
(Form Continues on Other Sid.)
N^ o menuVOWM 6ginaMuildinklnpe<(nr ning-Permit-APPlimdm-µ mc.dm V4a00J
\/ o
10. Do any signs exist on the property? YES y NO L
IF YES, describe size, type and,loca'tion: Ad-[
� S taw✓�Pt� '�
i
Are there any proposed changes to or additions of signs intended for the property? YES N0-,Xv_
IF YES, describe size, type and location:
11. Will the construction activity disturb (clearing, grading, excavation, or filling)ovver 1 acre or is it part of a common
plan of development that will disturb over 1 acre? YES_ NO -A----
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This co&unn r, encd
for use by the Building
Department
EXISTING PROPOSED REQUIRED BY
ZONING
Lot Size
Frontage
Setbacks Front '
Side L: R: L: R: L: R.
Rear'
Building Height
Building Square Footage
%Open Space: (lot area
' minus building Ft paved
parking
#of Parking Spaces
I got
#of Loading Docks
Fill y�
(volume & location)
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
myy knowledge.
Date: U Applicant's Signature
NOTE:Issuance of a zoning permit does not reli a as applicant's bnr en to comply with all wining
requirements and obtain all required permits from the Board of Health,Conservation Commission,
Historic and Architectural Boards,Department of Public Works and other applicable permit granting
authorities.
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1460 sq ft
3076 sq ft 39%1
375 South Street
- -- -------Northampton—M-/
Parking Summary
BDSA'BSS --_ PARKBJO aeouur'aN RE(jU1RED# MCa3
PUIp SALE$ 8 OFFICE-4[50 SE 1 PARKING SPACE/800 800 E
NUiO 01SPLAY-12,155 Sr 1 PARKING SPACV800E 12155 SE / 800 $E 16
OFFICE-J DO Sr r PARKINfi SPACEg00 SR 7 590 SF / 300 SR 26
Total Parking Required=49 spaces
Total Parking Provided=49 spaces
oR
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Design Northampton,MA
Group, Inc. Parking Summary Plan
4 Allen PIRce, NorthNmpton, Massachusetts 01060 SCALE: V=60'
(413) 582-7000 a FAX (413) 502-7005 DATE: 1012512012 REV:71/20/2012