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18D-040 (52) Section 10.0 ADMINISTRATION AND ENFORCEMENT Section 10.1 Building Commissioner. It shall be the duty of the Building Commissioner to administer and enforce the provisions of this Ordinance. Section 10.2 Permit Required. It shall be unlawful for any owner or person to erect, construct, reconstruct, or alter a structure or change the use or lot coverage, increase the intensity of use, or extend or displace the use of any building or other structure or lot without applying for and receiving from the Building Commissioner a zoning permit therefor. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permit required under the Building Code. Any application for a Zoning Permit shall be submitted, accompanied by such information as may be necessary to provide for the execution and enforcement of this Ordinance. A record of all application, plans, and permits shall be kept on file by the Building Commissioner. The Building Commissioner shall take action in writing on an application for a permit, either granting the permit or disapproving the application, within thirty(30) days of receipt of application. The issuance of a Zoning Permit does not relieve an applicant or owner of the responsibility to obtain all required zoning and non-zoning permits. (Amended 6/17/93) Section 10.3 Previously Approved Permits. The status of previously approved permits shall be as determined by the Zoning Act. Section 10.4 Certificate of Use and Occupancy Required. It shall be unlawful to use or occupy any structure or lot thereafter erected or altered unless the Building Commissioner has issued a Certificate of use and Occupancy and has specified thereon,the use to which the structure or lot may be put. Applications for Certificates of Use and Occupancy shall be filed coincident with the application for permits and shall be issued or refused in writing for cause within ten(10) days after the Building Commissioner has been notified in writing that the erection or alteration of such buildings has been completed. A record of all certificates shall be kept on file in the office of the Building Commissioner. Buildings accessory to dwellings when completed at the same time shall not require a separate certificate of occupancy. Pending the issuance of a regular certificate, a e completion o a e . . . I i : . . . . e.1 cy o a ow sing, pens ing its comp etion. No temporary certificate shall be issued prior to its completion if the building fails to meet the requirements of applicable building ordinances and state laws or this Ordinance to such a degree as to render it unsafe for the occupancy proposed. In situations where, in the opinion of the Building Commissioner, a single structure or group of related structures may not be issued a certificate of occupancy because not all of the spaces within the structure(s) are yet completed, he may issue a single certificate of occupancy which specifies certain areas as not being included. Such areas will be required to have a separate certificate of occupancy prior to their use and occupancy. Section 10.5 Permit and Certificate Fees. Fees shall be established by the Mayor and the City June 29, 1998 10-1 l# • City of Northampton, Massachusetts g�HAM l, Office of Planning and Development •O =�,... O• ff, City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 " � 01.00 • fi•= FAX (413) 586-3726 r �,��rob: j • Conservation Commission• Historical Commission �� •�= • Housing Partnership • Parking Commission irrin 4. ' • Planning Board •Zoning Board of Appeals DECISION OF NORTHAMPTON PLANNING BOARD APPLICANT: Pride Convenience, Inc. ADDRESS: 17 Damon Road Northampton, MA 01060 OWNER: Pride Convenience, Inc. 1ADDRESS: 246 Cottage Street' Springfield, MA 01104 RE LAND OR BUILDINGS IN NORTHAMPTON AT: Corner of King Street& Damon Road MAP AND PARCEL NUMBERS: MAP 18C PARCEL 40 At a meeting conducted on February 26, 1998, the Northampton Planning Board unanimously voted 5:0 to GRANT the request of Pride Convenience, Inc. for a SITE PLAN SPECIAL PERMIT under the provisions of Sections 5.2, 10.10 and 10.11 in the Northampton Zoning Ordinance to remodel a service station and convenience store and add retail space at the corner Road of Damon Road and King Street. Planning Board Members present and voting were: Chair Andrew Crystal, Paul Diemand, Kenneth Jodrie, Anne Romano, and Sanford Weil, Jr. In Granting the Site Plan Special Permit, the Planning Board found: A. The requested use(convenience store/gas station with additional retail space)protects adjoining premises against seriously detrimental uses. Surface water runoff will be decreased due to increased impervious area(landscaping), and the applicant has provided for surface water drainage as depicted on plans and information submitted to the Office of Planning &Development. The proposed building will be relocated to the rear of the property, thereby improving sightlines,buffers and views. ORIGINAL PRINTED ON RECYCLED PAPER B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, and minimize traffic impacts on streets and roads in the area. Traffic impacts will be mitigated by eliminating three of the existing driveway entrances and relocating the remaining two driveway entrances further from the King Street/Damon Road intersection. Also, a sidewalk shall be cojstructed around the perimeter of the property adjacent to King Street and Damon Road. 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. The new structure and island canopy will be in keeping with the character of the surrounding Highway Business zoning district and set back further from the road. ID. The requested use will not overload the City's resources, including the City's water and distribution system, sanitary and storm sewage collection and treatment systems, fire protection, streets and schools. E. The requested use meets the special regulations set forth in the Zoning Ordinance as listed in Section 10.11 (6). F. The requested use bears a positive relationship to the public convenience or welfare and will not unduly impair the integrity of character of the district or adjoining zones. The use will not be detrimental to the health, morals, or general welfare, and the use is in harmony with the general purpose and intent of the Highway Business Zoning District of the Zoning Ordinance. G. The requested use will promote City planning objectives to the extent possible and will 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. (n addition, in reviewing the Site Plan submitted with the application, the Planning Board found that the plan conformed to the following technical performance standards under Section 10.11 (6)(F). 1. The applicant has minimized curb cuts by eliminating three of the existing driveway entrances and relocating the remaining entrances further from the King Street/Damon Road intersection. 2. Pedestrian, bicycle and vehicular traffic on site is separated to the extent possible. The applicant has included a sidewalk along the perimeter of the property. 3. The project will discharge into a City storm drain system which is able to accommodate the expected discharge with no adverse impacts. - The following conditions were imposed upon the project: 1. The applicant shall fill in any curb cuts with granite curbing to match the existing curbing. 2. The applicant shall submit a revised plan showing the relocation of the compact amur maple tree labelled "B" (presently located on the f{ollmorgen property line) to the frontage of the property on King Street and the relocation of the Littleleaf Linden labelled "D" (presently located on the rear property line) to the frontage on Damon Road. I I • • li 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 Court, 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 Planning Board hereby certifies that a Site Plan 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 and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. Applicant: Pride Convenience, Inc. - corner of Damon Road and King Street DECISION DATE: February 26, 1998 DECISION FILED WITH THE CITY CLERK: March 13, 1998 19/1-41u( i 1 - I City of Northampton, Massachusetts O4� p1O Office of Planning and Development City Hall • 210 Main Street , Northampton, MA 01060 • (413) 586-6950 " ='4 '� '1ny�* tie Of 30:14 off FAX (413) 586-3726 J •Conservation Commission • Historical Commission ® r► • Housing Partnership• Parking Commission f• _ � • Planning Board •Zoning Board of Appeals - Northampton Planning Board Minutes of Meeting 1 October 23, 1997 The Northampton Planning Board held a meeting on Thursday,October 23, 1997 at 7:00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Present were Members: Chair Andrew J. Crystal, Vice Chair Daniel J. Yacuzzo, Jody Blatt, Paul Diemand,Nancy Duseau,Kenneth Jodrie,Anne Romano and Associate Member Sanford Weil, Jr. Staff: Planning Director Wayne Feiden(for discussion of Florence Plan zoning changes), Senior Planner Paulette Kuzdeba and Board Secretary Laura Krutzler. Crystal called the meeting to order at 7:04 p.m. At 7:15 p.m., Crystal opened the Public Hearing on a request from Pride Convenience, Inc. for la Site Plan Special Permit to remodel a service station and convenience store and add retail pace under Sections 5.2, 10.10 and 10.11 of the Zoning Ordinance, for property located at the corner of Damon Road and King Street,Northampton,also known as Northampton Assessor's Map 18D, Parcel 40. Crystal read the legal notice and explained the procedure he would use in conducting the hearing. Robert Bolduc,President of Pride,presented the application, accompanied by Kathleen Waterman, in charge of real estate for Pride. He distributed copies of a plan revised to eliminate some of the existing driveways. Pride is a locally-owned and operated chain with twenty-four locations in the area,Bolduc explained. The corporation is on a three-year remodeling strategy to bring its stores up to the latest environmental and government standards, and owners are also remodeling for marketing purposes to stay in tune with their towns. All changes proposed are benefits, he commented. The company is open to recommendations from local boards and has a policy of working with whatever town a ORIGINAL PRINTED ON RECYCLED PAPER 1 _ ---- The only additional traffic expected due to the renovation is traffic generated by the two new retail spaces, since there is already an operating gas station/convenience store. Bolduc gave a hairdresser/barbershop, retail store and computer consulting business as examples of the types of possible tenants. ---- The remodeled gas station will not allow outdoor vending. "r ---- The convenience store receives one delivery a week from a grocery supplier and one bread and one newspaper delivery a day. ---- The property is a listed site with the Department of Environmental Protection(DEP) and is under a waiver process with the agency. A Licensed Site Professional(LSP) will be on site during the removal of the existing underground storage tanks,and any contamination surrounding the tanks will be removed. Bolduc described the lighting as shown on plans. He said the lighting met the requirement of fading to one footcandle or less around the perimeter of the property. Crystal said the Board may want to require Pride to return as they sign leases for the spaces. Bolduc also said he would revise the plans to include a catch basin with a gas hood to collect water at the curb cut on King Street,rather than allowing water from the property to run into the street,as presently proposed. embers also discussed the project's compliance with the requirement or providing a tree for every forty feet of frontage. Bolduc said he chose not to put trees across the very front because of the busy corner,but included additional trees in other areas to compensate. However,Crystal noted that,as long as the crown of the tree is high enough, branches should not obstruct vision. Crystal said he would like to see Pride meet the tree requirement along the front of the property. The Board requested that the applicant return with the following items: 1)building elevations, 2) a planting plan showing the number and species of various plantings and meeting the street tree requirement, 3) a site plan with a photometric overlay showing spillover and lighting intensity,4) revised plans showing a bike rack,signage,the additional catch basin and a designated area for snow storage, and 5) a traffic study. Bolduc said he would present the plans to the ZBA on November 5, 1997. The added catch basin will drain to an underground retention/infiltration area at the back of the site, as shown on the original plan, Bolduc noted. The Department of Public Works (DPW) had no concerns. Blatt moved to continue the Public Hearing to November 13, 1997 at 8:00 p.m. Duseau keconded. The motion passed unanimously 7:0. PtHAMPT /..0''°"1 PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON ` I (4 City Haf• 21 o Main Street • Northampton,MA o i 060 • (4 i 3)587-c 266 • Fax:1413)5 87-1264 WaneFeiden Director•email tanning@city.nortbampton.rna.us •internet:www.cit northam ton.ma.us Northampton Planning Board 4 Minutes of Meeting November 13, 1997 The Northampton Planning Board held a meeting on Thursday,November 13, 1997 at 7:00 p.m. in the Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Present were Members: Chair Andrew J. Crystal, Jody Blatt, Paul Diemand, Nancy Duseau, Kenneth Jodrie, and Associate Members Sanford Weil, Jr. and Rick Marquis. Staff: Planning Director Wayne Feiden,Senior Planner Paulette Kuzdeba and Board Secretary Laura Krutzler. At 7:12 p.m., Crystal opened the meeting. At 8:06 p.m., Crystal opened the Continuation of a Public Hearing on a request from Pride Convenience,Inc. for a Site Plan Special Permit to remodel a service station and convenience store and add retail space under Sections 5.2, 10.10 and 10.11 of the Zoning Ordinance, for property located at the corner of Damon Road and King Street, Northampton, also known as Northampton Assessor's Map 18D, Parcel 40. Robert Bolduc presented the application, accompanied by Kathleen Waterman. Bolduc said he had provided building elevations,a landscape plan,a lighting plan,and revised plans showing a designated location for snow storage,bicycle racks and the addition of a catch basin, as requested by the Board. Bolduc reviewed the building elevations, describing the appearance of the proposed building. He also described proposed signage as follows: i)a Citgo sign on the canopy,ii)signs facing north and south in the lefthand corner of the building,and iii)a ground sign in the corner of the property which has received approval from the Zoning Board of Appeals. Kuzdeba advised Bolduc that he would require a Special Permit from the Zoning Board of Appeals for [wall] signage over and above that allowed by the Zoning Ordinance. Shade Trees. Bolduc also reviewed the planting plan. He commented that he only showed one shade tree across 1 planning board•conservation commission -zoning hoard of appeals •housing partnership-redevelopment authority •economic development•community development •historic district commission -historicalcommission •northampton GIS origina(printedon recgc1ed paper a the front of the property because putting a shade tree in the other forty feet of frontage as required would seriously interfere with signage. He said he was providing the total number of trees required but was requesting a waiver not to have to put a tree on the corner itself. Kuzdeba noted that zoning does not allow vegetation more than three feet in height within twenty- five feet of the intersection of two roads. Members suggested other ways Bolduc'gould meet the requirement of having one tree for every forty feet. Crystal suggested that the applicant place one tree twenty-five feet from the intersection and another forty feet from that,and Jodrie endorsed this suggestion. Jodrie also said that he would like to see a few trees clustered together along the front and that, generally, he would like to see King Street with more trees. The branching height of the proposed trees (compact amur maple) is four and a half to five feet, Bolduc estimated. Putting in taller trees (over thirty feet in height)would result in branches being torn off by passing trucks, giving the trees a "hacked up" appearance. The property's frontage along Damon Road is one hundred and seventeen feet and so would require three trees to comply with zoning,Kuzdeba said. After further discussion,Jodrie said he would like to see three trees along the property's frontage on King Street and three trees on the Damon Road frontage, and Bolduc said he was willing to comply. Crystal requested that the applicant submit a revised plan showing the location of these trees as discussed for Kuzdeba's review. Crystal also requested that Bolduc include the size of the proposed plants on the materials list. Lighting. Waterman and Bolduc described the lighting as shown on the revised plans. The lights under the canopy will have baffle shields to prevent light from spilling out, Waterman said. Bolduc said that he reduced the lighting from the original proposal after reviewing the photometric plan in order to meet the Planning Board's requirements. He confirmed that there will be no light spillover over the property line above one footcandle. In contrast with the Shell station in Hadley,the Pride station will use only two banks of lights instead of three, Bolduc noted. Also, the lights in Hadley are not shielded, he commented. Crystal told Feiden he would like the Planning Department to add a provision to the Zoning Ordinance requiring a photometric plan for all commercial development and also dictating minimum and maximum lighting standards. Crystal said he did not have any concerns about the proposed lighting. Duseau asked about the question raised at the previous hearing as to the ownership of the parking area in the rear of the parcel? Bolduc stated that Pride owns this land. He pointed out that no representative of D.W. Corp. was present to continue their objection. 2 4 IL - - r-, 1,..., City of Northampton, Massachusetts O�'SNAHPJO Office of Planning and Development q = �. y CityHall • 210 Main Street ti +' y Northampton, MA 01060 • (413) 586-6950 ♦ 1b— FAX (413) 586-3726 x .WIP,A`��amp 0.t` • Conservation Commission• Historical Commission st ` ��v��: k ji �a �' • Housing Partnership• Parking Commission IPlanning Board ••Zoning Board of Appeals 4:: i Northampton Planning Board Minutes of Meeting February 26, 1998 The Northampton Planning Board held a meeting on Thursday, February 26, 1998 at 7:00 p.m. in Council Chambers,Wallace J.Puchalski Municipal Building,212 Main Street,Northampton, MA. Present were Members: Chair Andrew Crystal, Paul Diemand, Kenneth Jodrie, Anne Romano, Sanford Weil, Jr. and Associate Member Orlando Isaza. Staff: Planning Director Wayne Feiden,Senior Planner Paulette Kuzdeba and Board Secretary Laura Krutzler. At 7:03 p.m., Crystal called the meeting to order. Crystal welcomed Orlando Isaza, the new Planning Board Associate member. I At 9:53 p.m., Crystal opened the Continuation of a Public Hearing on a request from Pride Convenience,Inc. for a Site Plan Special Permit to remodel a service station and convenience store and add retail space under Sections 5.2, 10.10 and 10.11 of the Zoning Ordinance and for Site Plan Approval to add a drive-up window for take-out food under Sections 5.2 and 10.11 of the Zoning Ordinance for property located at the corner of Damon Road and King Street, Northampton, also known as Northampton Assessor's Map 18D, Parcel 40. Robert Bolduc,the President of Pride, said the only changes to the plans were to add items which had been requested by the Planning Board. Revised plans now show a continuous sidewalk on the perimeter of the property, directional arrows clearly showing the drive-up window, the take-out window clearly marked,and relocated trees as per the Board's request. Also,the landscape schedule reflects that proposed trees meet the zoning requirement of having a caliper of two and a half inches, Bolduc said. Marquis said he believed the applicant had addressed all the outstanding issues. He stated that he wanted to make clear that there will never be more than one take-out window, and Crystal pointed out this could be a condition of approval. I 1 ORIGINAL PRINTED ON RECYCLED PAPER -- 0 Romano asked if the proposed retail uses would need to come back to the Board? Kuzdeba said they would not if they were uses allowed under zoning. Bolduc said they do not yet have tenants. Romano said she just had concern over the nature of the businesses. Bolduc commented that, in another town where Pride is doing a similar thing, one company is a business that does nails and hairdressing. The tenant will be a kind of use that does not bring in a lot of traffic, he said. Marquis asked if the curbing is to be granite all the way around? Bolduc said he believed the curb is already granite. If the curb is granite, Pride will have to match ranite, he said. Crystal noted that the Board could make a condition that any curb cuts filled in would have to match granite curbing. Romano moved to close the Public Hearing. Marquis seconded. The motion passed unanimously 7:0. Romano moved to approve the request for a Site Plan Special Permit to remodel a service station and convenience store and add retail space under Sections 5.2, 10.10 and 10.11 of the Zoning Ordinance, with the condition that the applicant fill in any curb cuts with granite curbing to match the existing curbing,because the application meets the requirements of the Zoning Ordinance. Weil seconded. Jodrie said he would like to see the applicant maximize the streetscape. He asked if Bolduc could move the tree in the right hand corner of the plan down so that it becomes more of a street tree? Bolduc agreed. Also,Jodrie asked if Bolduc could move the Linden tree in the back,labeled"D",so that it becomes tart of the streetscape? Bolduc pointed out that he had already exceeded the zoning requirement to provide one street tree for every forty feet of frontage but again agreed to the request. Romano and Weil accepted these revisions as amendments to the motion. The amended motion passed unanimously 5:0. Romano moved to approve the Site Plan Approval Permit to add a drive-up window for take- out food to a service station and convenience store under Sections 5.2 and 10.11 of the Zoning Ordinance , with the added condition that no other [take-out] windows be added to the property. Jodrie seconded. The motion passed unanimously 5:0. 2