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24D-075 (13) 416 City of Northampton, Massachusetts r� Cr- Office of Planning and Development E5 t� �d_J-- •= 04. • City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 , FEB 2 5 i998 " ?��"� j,; � • FAX (413) 586-3726 ( J _A a� •Conservation Commission• Historical Commissio DEPT OF 1 •Housing Partnership• Parking Commission Maffe • Planning Board •Zoning Board of Appeals DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: William J. Turomsha APPLICANT'S ADDRESS: 58 Front Street Leeds, MA 01053 tOWNER: Donald Muccino, Jr. OWNER'S ADDRESS: 17 Pleasant View Drive Hatfield, MA 01038 RE LAND OR BUILDINGS IN NORTHAM ASSESSOR'S MAP and PARCEL NUMBE1011.11.1111111.1111111111111111111111 At a meeting conducted on February 4, 1998, the Northampton Zoning Board of Appeals unanimously voted 3:0 to grant the request of William J. Turomsha for a FINDING under the provisions of Section 9.3(1) and 9.3 (2) in the Northampton Zoning Ordinance to expand a pre- existing nonconforming structure on a nonconforming lot at 220 King Street in accordance with the following plans: 1. "Plot Plan Showing Proposed Addition, Parking and Open Space, Acme Auto, 220 King Street, Northampton,"prepared by William J. Turomsha. 2. "Exhibit A,"Landscape Plan. oning Board Members present and voting were: Chair Alex Ghiselin, Mark NeJame and Larry nyder. The Findings of the Board under Section 9.3 (1) (D) for changing a pre-existing nonconforming structure were as follows: D. The Board found that said change, extension, or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming structure because the applicant is increasing the amount of open space and not increasing the violation of setbacks. The Board also found that the structure will not extend any closer to any front, side or rear property boundary than the current zoning allows or existing structure already ORIGINAL PRINTED ON RECYCLED PAPER extends and will not create any new violation of other zoning provisions; and does not involve a sign. The Findings of the Board under Section 9.3(2)(B) for a change of a Conforming Use in a Pre- existing non-conforming structure on a nonconforming lot were as follows: 1. The Board found that said change and extension will not be substantially more detrimental to the neighborhood than the existing conforming use because the renovation of the property will actually increase the amount of open space on the property and result in an addition of trees and landscaping. 2. The Board found that said extension is to a conforming use which requires the same or less minimum lot area, minimum lot width and frontage, minimum lot depth, setbacks , and parking than is required for the present use (and lot does not fully conform to the present zoning requirements for the proposed use.) The following conditions were imposed with this Finding: A. The applicant shall provide eight street trees of a minimum caliper of two and a half inches with the approximate location as shown on Exhibit A. At the time of requesting the Building Permit, the applicant shall submit a detailed landscape plan, showing the location and types of plants, to the Building Department and the Office of Planning & Development to become a permanent part of the file in conformance with what is shown on Exhibit A. B. Lighting shall consist of"wall pack"-style lights as described by the applicant, and lighting shall meet the requirements of zoning, which specifically states that the actual light filament must not be visible. I f - Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section 11, no Finding 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 a the certified decision of the City Clerk and record it at the Registry of Deeds. the Northampton Zoning Board of Appeals hereby certifies that a Finding 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 Law 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 MGL Chapter 40A Section 17, with the Hampshire County Superior Court or Northampton District Court and notice of this appeal filed with the City Clerk within twenty (20) days of the date this decision was filed with the City Clerk. Applicant: William J. Turomsha- 220 King Street This Decision is Dated: February 4, 1998 This Decision was Filed with the City Clerk on: February 24, 1998 I awl IP 1 Anthony Patillo Building Inspector k