30A-032 (72) D - 3 Z..
,,City of Northampton, Massachusetts
J0 Offica of Planning and Development
City Hall • 210 Main Street16
Z
Northampton, IMA 01060 • (413) 586-6950
FAX (413) 586-3726 =
• Community and Economic Development �t = -
• Conservation • Historic Preservation
• Planning Board • Zoning Hoard of Appeals
• Northampton Parking Commission
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: PATRICIA M. WILLARD
APPLICANT ADDRESS: C/O HARLEY M. SACKS, 31 TRUMBULL ROAD,
NORTHAMPTON, MA 01060
OWNER: CUTLERY BUILDING ASSOCIATES
OWNER ADDRESS: C/O ALAN VERSON, 56 MAIN STREET,
NORTHAMPTON, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 320 RIVERSIDE DRIVE,
NORTHAMPTON, MASSACHUSETTS.
At a meeting held on the Northampton Zoning
Board of Appeals voted unanimously towallM the request of Patricia
M. Willard for SPECIAL PERMIT under 0 and 5. 2 to allow a sit-
down restaurant and lounge (eating and drinking establishment) in
a General Industrial district; a SPECIAL PERMIT under §10. 10 and
14 . 3 (3) to allow the project to operate in a Watershed Protection
District; and a SITE PLAN REVIEW under the Provisions of 510. 11 of
the Northampton Zoning Ordinance, and to approve the Site Plan
dated February 18, 1992 which indicates 165 parking spaces, and to
allow the applicant to withdraw her request for Special Permit for
a reduction in parking spaces. The applicants request for a
Special Permit for reduction in parking spaces was not needed and
withdrawn by the applicant. Present and voting were Chairman
Robert C. Buscher, William M. Brandt, and M. Sanford Weil, Jr.
The findings were as follows:
1. The use requested in listed in the Table of Use Regulations as
a special permit in the district for which application is
made.
2 . The Board found that the requested use bears a positive
relationship to the public convenience or welfare.
3 . The Board found that the requested use will not create undue
traffic congestion or unduly impair pedestrian safety, and may
in fact lessen traffic congestion and pedestrian safety
.A' because the business is moving from a location where customers
park on the street to a location where off-street parking is
provided.
4 . The Board found that the proposed new project will not impair
the integrity or character of the district or adjoining zones
because the present business is already located in the
neighborhood and the new business will be an improvement to
the neighborhood with the addition of a restaurant.
5 . The requested use will not overload any public water, drainage
or sewer system or any other municipal system.
6. The requested use will not unduly impair the integrity of
character of the district or adjoining zone because the
present business is already located in the neighborhood and
the new business will be an improvement to the neighborhood
with the addition of a restaurant.
7 . The Special Permit to operate in a Watershed Protection
District should be granted because the proposed project will
be located in a structure which the exterior is not being
enlarged and the use will not have any adverse effect on the
Watershed Protection District area.
The Conditions are as follows:
1. That additional lighting (one pole with several lights)
be installed in the southwest corner of the parking lot
to adequately illuminate the area.
2 . There be no live entertainment.
3 . There be no expansion of impervious cover by adding more
parking spaces.
4 . There be no outside storage of any kind allowed.
Pursuant to Mass. General Laws, Chap. 40A, §11, no variance,
finding, 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 with the City *Clerk and
that no appeal 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 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.
PAGE 2
The Northampton Zoning Board of Appeals hereby certifies that a
variance, finding, or 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 Mass. 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 you wish to appeal this action, your appeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire
Superior Court and notice of said appeal filed with the City Clerk
within twenty (20) days of the date this Decision was filed with
the City Clerk.
DECISION DATED: March 13, 1992
DECISION FILED WITH CITY CLERK: March 13, 1992
I
Robert C. Buscher, Chairman
William Brandt
M. Sanford Weil, Jr.
PAGE 3
City of Northampton, Massachusetts 02132
Office of Planning and Development
City Halt •210 Main Street
Northampton, MA 01060 - (413) 586-6950
FAX(413) 586-3726 * �'
-Community and Economic Development $ <
-Conservation-Historic Preservation
.Planning Board-Zoning Board of Appeals
-Northampton Parking commission
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
t
APPLICANT: PATRICIA M. WILLARD
APPLICANT ADDRESS: C/O HARLEY M. SACKS, 31 TRUMBULL ROAD,
NORTHAMPTON, MA 01060
OWNER: CUTLERY BUILDING ASSOCIATES
OWNER ADDRESS: C/O ALAN VERSON, 56 MAIN STREET,
NORTHAMPTON, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 320 RIVERSIDE DRIVE,
NORTHAMPTON, MASSACHUSETTS.
At a meeting held onn'" 1-992r, the Northampton Zoning
Board of Appeals voted unanimously to GRANT the request of Patricia
M. Willard for SPECIAL PERMIT under §10. 10 and 5. 2 to allow a sit-
down restaurant and lounge (eating and drinking establishment) in
a General Industrial district; a SPECIAL PERMIT under §10. 10 and
14. 3• (3) to allow the project to operate in a Watershed Protection
District; and a SITE PLAN REVIEW under the Provisions of §10. 11 of
the Northampton Zoning Ordinance, and to approve the Site Plan
dated February 18, 1992 which indicates 165 parking spaces, and to
allow the applicant to withdraw her request for Special Permit for
a reduction in parking spaces. The applicants request for a
Special Permit for reduction in parking spaces was not needed and
withdrawn by the applicant. Present and voting were Chairman
Robert C. Buscher, William M. Brandt, and M. Sanford Weil, Jr.
The findings were as follows:
1. The use requested in listed in the Table of Use Regulations as
a special permit in the district for which application is
made.
2. The Board found that the requested use bears a positive
relationship to the public convenience or welfare.
3 . __- -The Board found that the requested use will not create undue
traffic congestion or unduly impair pedestrian safety, and may
in fact lessen traffic congestion and pedestrian safety
►KAR 1 30-Gc
because the business is moving from a location where customers ~
park on the street to a location where off-street parking is
provided.
4. The Board found that the proposed new project will not impair
the integrity or character of the district or adjoining zones
because the present business is already located in the
neighborhood and the new business will be an improvement to
the neighborhood with the addition of a restaurant.
S. The requested use will not overload any public water, drainage
or sewer system or any other municipal system.
6. The requested use will not unduly impair the integrity of
character of the district or adjoining zone because the
present business is already located in the neighborhood and
the new business will be an improvement to the neighborhood
with the addition of a restaurant.
7. The Special Permit to operate in a Watershed Protection
District' should be granted because the proposed project will
be located in a structure which the exterior is not being
enlarged and the use will not have any adverse effect on the
Watershed Protection District area.
The Conditions are as follows:
1. That additional lighting -(one pole with several lights)
be installed in the southwest corner of the parking lot
to adequately illuminate the area.
2 . There be no live entertainment.
3 . There be no expansion of impervious cover by adding more
parking spaces.
4 . There be no outside storage of any kind allowed.
Pursuant to Mass. General Laws, Chap. 40A, §il, no variance,
finding, orlspecial 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 with the City Clerk and
that no appeal 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 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.
PAGE 2
The Northampton Zoning Board of Appeals hereby certifies that a
variance, finding, or 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 Mass. 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 you wish to appeal this action, your appeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire
Superior Court and notice of said appeal filed with the City Clerk
within twenty (20) days of the date this Decision was filed with
the City Clerk,
DECISION DATED: March 13, 1992
DECISION FILED' WITH CITY CLERK: March 13, 1992
1
Robert C. Buscher, Chairman
AWilliamBrandt
M. Sanford Weil, Jr.
June 23 , 1992
I, Christine Skorupski, City Clerk of the City of Northampton, hereby
certify that the above Decision of the Northampton Zoning Board of Appeals
was filed in the Office of the City on March 13 , 1992, that a Complaint
was filed with the Hampshire Superior Court (Civil Action No. 9200129)
and received in the City Clerk' s Office on March 30 , 1992, that a
Stipulation of Dismissal with prejudice , attached) was filed in
the City Clerk' s Office on June 23 , 19
-n-
Att s .
hristine Skor ski
City Clerk
City of Northampton
PAGE 3
�? 129
Na„ 0 "IBfAL RfJF MASSACHUSETTS
KrD�P1�R'1'MEN'B�tl'F THE TRIAL COURT
Hampshire. Ss. JUH l2 IQ 14 j1t1 'gZ superior Court
Civil Action No. 9200129
DANIEL HOItOWITZ, HELEN HOROWITZ, )
HENRY SIC1%.RD AND ELEANOR SICARD, )
plaintiffs )
V. )
STIPULATION OF DISMISSAL
NORTHAMPTON ZONING BOARD OF APPEALS )
and ROBEIYC C. BUSCHEit, WILLIAM R. )
BRANDT, and M. SANFORD WEIL, JR. , )
Individua L Members Thereof, and )
PATRICIA K- WIIJ-JM )
Defendants )
The parties to the above-entitled action, pursuant to the provisions
of Mass . It. Civ. P. 41 (a) ( 1) ( ii) , hereby stipulate that said action be
dismisse(l, with prejudice.
Dated: Jilne 10, 1992
Kenneth P. Neiman, Attorney for the
Plaintiffs: DANIEL HOROWITZ, HELEN
HOROWITZ, HENRY SICARD and ELEANOR
SICARD
Fierst & Neiman
151 Main Street
Northampton, Massachusetts 01060
( 413) 584-8067
i" /
/
Stephan H. Fenton4,-i�ttorney for the Ra hleen F on, Attorney for the
Defendant.' * PATRICIA M- WILLARD endants NORTHAMPTON ZONING
Morse, Sacks & Fenton BOARD OF APPEALS, ROBERT C. BUSCHER
31 Trumbull Road WILLIAM R. BRANDT and M. SANFORD
Northampton, Massachusetts 01060 WEIL, JR. , Individual Members
(413) 5841287 210 Main Street
Northampton, Massachusetts 01060
(413) 586-6950 ext. 245
sf/willard•stP
JUy 2 3 ;,acs"
The foregoing is a true copy of the record in
Document # ��-� "of the Hampshire County
Registry of Dee
Date
Attest.
Register