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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 The applicants request for a Special Permit for reduction in parking spaces was not needed and withdrawn by the applicant.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