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
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City of Northampton, Massachusetts
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City Hall • 210 Main Street
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• 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.
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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.
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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(
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City of Northampton, Massachusetts O4� p1O
Office of Planning and Development
City Hall • 210 Main Street ,
Northampton, MA 01060 • (413) 586-6950 " ='4 '� '1ny�*
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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
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---- 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
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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
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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.
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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��:
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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.
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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.
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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.
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