Loading...
06-055 (14)s Ir City of Northampton, Massachusetts�`- Office of Planning and Development 7 City Hall • 210 Main Street 1l�? DEC 2 199 Northampton, MA 01060 • (413) 586-6956 nL o FAX (413) 586-3726 -. •Conservation Commission •Historical Commission • Housing Partnership • Parking Commission • Planning Board • Zoning Board of Appeals DECISION OF NORTHAMPTON.ZONIXG-BOARD OT—APPEALS APPLICANT: Northampton Management Systems, Inc. D/b/a Linda Manor Extended Care Facility ADDRESS: 349 Haydenville Road Leeds, MA 01053 OWNER: John Chakalos ADDRESS: 52 Overlook Drive Windsor, CT 06095 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 349 Haydenville Road MAP AND PARCEL NUMBERS: MAP 6 PARCEL 55 At a meeting conducted on November 5, 1997, the Northampton Zoning Board of Appeals unanimously voted 3:0 to grant the request of Northampton Management Systems, d/b/a Linda Manor Extended Care Facility for a SPECIAL PERMIT under the provisions of Section 7.2 (13) and 10.10 in the Northampton Zoning Ordinance, to allow an identification sign greater than ten square feet in an SR district at 349 Haydenville Road to be located as shown on the plan submitted with the Special Permit application to the City Clerk's office on October 7, 1997. Zoning Board Members present and voting were: Chair Alex Ghiselin, Vice Chair Mark NeJame and Associate Member Larry Snyder. In Granting the Special Permit, the Zoning Board of Appeals found: A. The requested use protects adjoining premises against seriously detrimental uses because the sign is the smallest sign capable of effectively identifying the premises. ORIGINAL PPIINTLG ON ,iECrcl 70 PAPFH $. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets because the sign will allow passing motorists to identify the entrance to Linda Manor, reducing the safety hazards caused by vehicles slowing to search for the facility or doing u -hums to circle back to Linda Manor. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area because the sign is designed to be compatible with the character of the surrounding neighborhood. D. The requested use will not use City's resources. E. The requested use meets all special regulations set forth in Section 7.2 (13) of the Zoning Ordinance. (see Attachment A) F. The requested use bears a positive relationship to the public convenience or welfare because it will serve to identify the location of Linda Manor for visitors, vendors and emergency services personnel. The use will not unduly impair the integrity of character of the district or adjoining zones because the sign will be located on a main thoroughfare and is designed to be compatible with the neighborhood. The use will not be detrimental to the health, morals, or general welfare, and the use shall be in harmony with the general purpose and intent of the Ordinance. G. The requested use promotes City planning objectives to the extent possible and does not adversely affect those objectives, as defined in City master or study plans adopted under M.G.L. Chapter 41, Section 81-C and D. The following conditions were imposed upon this Special Permit: 1) The sign shall be no greater than eighteen square feet. 2) The sign shall be no higher than rive feet as measured from grade to the easternmost corner of the top of the sign. ATTACHMENT A SIGN/SPECIAL PERMIT CRITERIA Section -7.2-03) In—GrantinolieSpewLPermit to alliam..a cion oialargel size than athenyis"termitted,the.Zoning_$oard of Appeals funnd; A. The sign is located only where it is otherwise permitted in the district; and B. The location of the land and the nature of the use being made of the land is such that a sign of a larger size would not detract from the character of the neighborhood and should be permitted in the public interest. C. The exact sign shall be as shown on the sketch submitted with the. Special Permit application as modified by the conditions. The sign shall be no greater than eighteen square feet and no taller than five feet from grade to the top of the easternmost comer of the sign. The location of the sign shall be as shown on the plan submitted to the City Clerk's office on October 7, 1997. Any change in said sign requires a new or revised Special Permit. Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no 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, 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 Conry 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 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 Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below, If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date that this decision was filed with the City Clerk. Applicant: Linda Manor Extended Care Facility - 349 Haydenville Road DECISION DATE_ DECISION FILED WITH THE CITY CLERK: City of Northampton, Massachusetts Office of Planning and Development City Hall - 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 • Conservation Commission • Historical Commission • Housing Partnership • Packing Commission • Planning Board • Zoning Board of Appeals Northampton Zoning Board of Appeals Minutes of Meeting November 5, 1997 The Northampton Zoning Board of Appeals held a meeting on Wednesday, November 5, 1997 at 7:00 p.m. in Council Chambers, Wallace J. Puehalski Municipal Building, 212 Main Street, Northampton, Massachuset't's. Present were Members: Chair Alex Ghiselin, Vice Chair Mark NeJame and Associate Member Larry Snyder, At 7:02 p.m., Ghiselin opened the meeting. Ghiselin introduced fellow members and read the legal notice advertising the Public Hearing, At 8:10 p.m., Ghiselin opened the Public Hearing on a request filed by Northampton Management Systems, Inc. d/b/a Linda Manor Extended Care Facility for a Special Permit to allow an identification sign greater than ten square feet in an SR district under Section 7.2 (13) and 10.10 of the Zoning Ordinance, for property located at 349 Haydenville Road, also known as Assessor's Map 6, Parcel 55. Nancy Lyon, Esq. presented the application on behalf of Linda. Manor, accompanied by David McPhee, Director of Food Services, 011ie Schmith, Director of Environmental Services and Linda Manor Administrator Rosemary Carbonelli. Linda Manor seeks a Special Permit to replace the existing two -and -a -half foot by six-foot flat stone sign with a two- sided, four -foot by eight -foot wood sign, Lyon. explained. Each of the Linda Manor represenatives present have experienced the hardship created by the present sign and can testify to the difficulty vendors, etc, have in identifying the facility. The existing sign is only readily visible to motorists traveling in a northwesterly direction on Haydenviile Road (from Northampton to Williamsburg). Lyon said she believed the application met the criteria under Section 7.2 (13) [and 10.10], particularly with regard to having a positive impact on pedestrian and vehicular traffic. OPIGINAL aaiurEo ON erevcEED ru'cv The owners are not changing the location of the sign, which will continue to be set back seventeen (17) feet from the road; and no other aspect of the site is being changed. In support of the application, Lyon stated that the sign will facilitate access for emergency vehicles. She commented that she understood that emergency service personnel have had difficulty finding the facility The present signage also causes concern for residents that their family and friends will not be able to find them. Lyon relatedthat she personally had difficulty finding the facility tonight. Lyons reviewed the other Special Permit criteria as outlined in the application. NeJame commented that he is not eager to allow a larger sign than allowed as of right, since Linda Manor is located in a residential neighborhood. He personally has never had trouble seeing the facility, NeJame said. He asked if the visibility problem was primarily at night? Rosemary Carbonelli, Administrator of Linda Manor for the past three years, said that the existing stone sign is angled such that it is not visible to traffic traveling from Williamsburg to Northampton. In winter, employees have to shovel snow away from the sign and are not able to keep it visible. From the day she walked in the building, residents have requested a new sign, Carbonelli said, since they are concerned that ambulances may be unable to find the building. A consultant visiting the building today went by the facility three times without seeing the sign, she said. Snyder and Ghiselin both agreed with NeJame that, as presented, the four- by eight -foot sign seemed too large. Members noted that the existing sign already exceeds the ten square feet allowed as of right, and Kuxdeba additionally pointed out that Linda Manor could not replace the panels of this sign as of right since it is set on a stone, so any new signwould have to comply with zoning requirements. - Members and the applicant discussed various options for reducing the size of the sign. After discussion, members reached a consensus that they would be willing to approve a three- by six- foot sign with the height as proposed in the application. Lyon indicated that this would be acceptable. Ghiselm asked if there were any public comments? There were none. Members specified that the sign could be no higher than four feet above grade at the rear portion of the sign. The front of the sign will be a little higher above grade because the ground slopes downward, Kuzdeba said. However, McPhee asked whether the Board considered "grade" to be the ground or the top of the stone wall which will be used to support the rear edge of the sign? [The other edge will be supported by a post] The stone wall is approximately fourteen inches high, he said. Grade is considered ground, Ghiselin said. However, at the applicant's request, members agreed to allow the sign to be a total of five feet above grade, to allow a foot of clearance between the stone and the bottom of the sign so snow could blow through. Snyder moved to close the hearing. NeJame seconded.The motion passed unanimously 3:0. Snyder moved to grant a Special Permit to allow an identification sign greater than ten square feet in a Suburban Residential (SR) district for property located at 349 Haydenville Road with the following conditions: 1) The sign shall be no greater than eighteen square feet, and 2) The sign shall be no higher than five feet as measured from grade to the easternmost comer of the top of the sign. NeJame seconded. The motion passed unanimously 3:0.