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City 01 NortharWorr, Massachusetts 'AA.4
Office of Planning and Development
City Hall-210-Main Street
Northaniplon,_MA 01060•(413)-586-695()
FAX(41 3)586-3726 $.
•Community and Economic Developm_eN
conservation•Historic Preservation
•Ptartmng Beard•Zoning Board otAppeals "S-°
•Northampton Parking Commission
RECISION OF
BOARD
APPLICANT: Amur Itikhchi
ADDRESS: 7-rioss -Lane; Amherst, MA 01002
OWNER: Thomaa-Pease
ADDRESS: 130. Spring street, Florence, MA 01.060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 130 Spring Street,
Florence, MA
MAP AND PARCEL NUMBERS: MAP 22B PARCEL 008
At a meetitit3 conducted on October 26, 1995, the Northampton
Planning Board unanimously voted 7:0 to gZARt the request of Amir
Mikhchi for a SPECIAL PERMIT under the provisions, of sections 5.2
and 16.7 (1) in the Northampton Zoning Ordinance, .to purchase and
sell used cars at an existing autobody repair busLness in the
Water Supply Protection District at 130 Spring StVeet, Florence,
and known as Northampton Assessor's Map #22B Parcel #8.
Planning Board Members present and voting were: t�hair Andrew
Crystal, vice chair. Uan".l Yacuazc, Mark NeJame; ;fody Blatt,
Kenneth Jodrie; Associate Members: Val Romano ani Paul Diemand.
In Granting- the special permit, the Pla-ening Board found:
A. The requested use protects adjoining premise:: against
seriously detrimental-uses because there will, be no change
to the existing use of the premises.
g. Tbe- requested use will promote the convenience and safety of
vehicular andpedestrian movement within the site and on
adjacent streets and minimize traffic impact; on the streets
in the area.
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
through not altering the existing relationship.
U. The requested use will hint overload, and will mitigate
adverse impacts on, thr city's resources including thA
ONGINAI F'HJNTEO ON RECYCLLU HAI'tH
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Pursuant to Massachusetts General Laws (MGL) ,,_ -Chapter 40A,
Section ll, no Special permit with Site Plan Approval, or any
extension, modification or renewal thereof, shall. take effect
until a copy of -the decision bearing the certification of the
City Clark that twenty days have elapsed after the decision has
been filed, or if such-a» appeal bas been -filed t.fiat it has been
dismissed or denied, is recorded in the- 11ampshire County registry
Of Deeds or Land court, as-applicable and -indexed labder the name
Of the owner of record or .is recorded and noted en the owners
certificate of title. The fee for such recording or._registeri"
shall be paid by the owner or applicant. It is the owner- or
apPl*fant`s responsibility to pick up the certified decision from
the City Clerk -and-record it at the Registry of Deeds.
Thp Northampton .Planning Board hereby certifies that a Special
Permit with Site plan Approval has been Granted and that- cr�pies
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,
notic-E is- hcrcby g2ven 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 and notice of said appeal f_.led with the
City clerk within twenty Gays (20) of the date of that this
decision- was fired with the City Clerk.
Applicant: Avoir MiXhcbi, 130 Spring Street-, rl.orence,
Map 22B, Parcel 8
DECISION DATE: October 26, 1995
DECZSIoN FILED WITH THE CITY CLERK: November 20, 1993
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'Cityof Northampton,'MSSachusetts ��t�-�P
Office of PhInit+19and-Devetopniunt
Qty hall-210 main-Street
Northampton,MA LUM0 (413)586-6958
FAX(413)586-3726 •QQ
Y �
•Community and Economic Development. vj
Conservation•Historic Preservation
P12AA"fid-Zoning Board of Appeals
•Northampton Parking Commission
Amir Mikhchi - Request for Special Permit
Beetirlg Minutes
October 26, 1995
The Northampton Planning ,Board met- n Thursday, October 26, 1995 in
Council Chambers, Wallace J_ Puchalski Municipal, Br,-i,7rting, 21z Main
Street, Northampton. In attendancewere Chair .Andi-ew Crystal, vice
Chair Daniel Xacuzzo, Mark NeJame, Jody Blatt, Kenneth Jodrie;
Associate members: Val Romano and Paul Aiemand; senior planner
Paulette -Kuzdei)a, Principal Planner Wayne Feiden and Board
Secretary Laura H. Krutzler.
At 9:57 P.M. , Crystal.- opened the Pub11c hearing on a request from
Amir Mikhchi for a Special-Permit to purchase and seal-used cars at
an existing autobody repair business.in the Water supply protection
17istrict under sections 5.2 and 16.7 (1) page of the Zoning
Ordinance, for property located at 130 Spring Street, Florence, and
know as Northampton Assessor's Map #22B Parcel—##.
crystal_ r_eaA the notice published in the Daily -Hampshire Gazette
and explained the procedure for conducting the put.lic hearing.
Amir Mikhchi told the Board that he is associated with the Peases,
the owners.-Of 1812 Paint & Body on Spring Street it Florence. The
applicant is applying. for a license sa that he (,an continue to
attend auctions, which__ne-quire-a .license to get in.
n at 1 'There would be
no change in the sig812 Paint & Body, and n,? more than two
additional cars would be kept there- at-any- one tiro$.
Crystal asked- it there was anyone who wanted to sp-aak in favor uC
the application.
Peggy Pease of 130 Spring Street told the Roard th,At they are 11uL
opening u used car lot. Mikhchi simply needs- a physical address to
remove cars from auctions and must have a license to get into the
auctions.
No one else_ spoke in support of the application. one s
Opposition to the application. r poke in
pP No corr.e�pondenee t,,as received by
the Budrd relative to the application.
Senior Planner Kuzdeba said she had received phone calls ;from it few
oniownL kruNTEO C)N RECvCLEO PAPER
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neighbors concerned that' .1812 might become a large used car lot.
Kuzdeba suggested that the Board might want to formalize what has
been stated in the applirati-an-to protect the neighborhood and also
stipulate that the special Permit Wes- with the Zip�licant and not
With the site.
UQ-Tame` askew- if the applicant would be selling cars at the
location, and Mikhchi said no.
PeaGp nt th-at cMrs are placed in an enclosed area at night so
that they are not visible.
crystal asked if thew were any further comments, and no one spoke.
Jodrie commented that the area where cars ares kept is wpl.1-
screened.
NeJame .-mov,ed . to close the public hearing, Blatt seconded the
motion, and the motic _passed-iknanimously 7:0.
NeJaze moved to grant the Special Permit with the conditions that
(1) no more than three uses cars be keptonthe-i)romises, (2) no
banners or signs will be erected, and (3) the Permit be limited to
the- applicant Qiemand seconded the motion. -and the motion was
unsYsi'moubly approved 7:0.
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ATTACHKENT A
iROtLc_,n1G-.7 PR AL CKITEgIA:
In granting the Special Permit, the Planning Board found:
A. The proposed use of the site to sell and store up to
(3) used cars is in harmony with the-.purpose and intent
of this By Law because the underlying dis=rict is
business, and- there will not be any additional
servicing of vehicles on the property, wi,:h the
granting of the pez-aut.
B. The proposed use is agpropr.iare to the natural
topography, soils urid orher .characLeristics of the
site, because it IS currently used as an <<utobody
repair shop;
C. The site has adequate public water and seeerage
facilities on--sitc�.
D. No construction is proposes} therefore- the use will not
have.an .adverse-environment-al impact on groundwater
resources in the district; anti
E. The proposed addition of a maximum of three cars to the
site will noL adversely affect the- existing or
potential Qu4lity and civantity of wate-r in the Water
Supply Protection District.
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effect on the City's water evpplY -and di5tz-,:bution system,
sanitary and storm sewage collection and trear ment systems,
fire protection, -Streets and schools because the use will
not increase the use of city services.
E.. The requested use meets any special regulations set forth in
the Zoning Ordinanr-e, sgec-ifically Section I:1�.7 (4) . (See
Attachment -A". )
F. The requested-usp hears a positive readti-onship to the
public canvenience or welfare and will not unduly impair the
integrity or character of the district or adjoining zones
because the district is zoned as industrial, and the use is
allowed,
The .use will not -be ddetzimental to the health, morals, or
general welfare and shall be in harmony with the genera4
purpose and intent of the Ordinance.
G. The requested use will promote City planning objectives to
the extent possible and- will not adversely a`-tegt those
objectives, as defined in City masLer or study plans adopted
under M.G.L. Chapter 41, Section 81-C and D.
Conditions imposed upon the Special permit are as follows:
1.. Uo more than three used cars shall be kept or, the premises.
2 . No banners or signs shall be erected.
3. The Special Permit shall be limited to.the applicant.