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11C-054 • Office of Planning and Development our7 ;998 f l L' ?� •a c °4'� City of Northampton City Hall • 210 Main Street DEFT OF SUILDINC, � yc� Northampton, MA 01060 • (413) 587-1266 NORTHAMPTON. in 2J. ° '�;_.. ri m cr FAX (413)587-1264•EMAIL planning@city.northLnpton.ma.us �Q'��I ��• b •Conservation Commission •Historical Commission •Planning Board • Housing Partnership sikes. •Zoning Board of Appeals DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: F.L. Roberts and Company, Inc. 93 West Broad Street APPLICANT'S ADDRESS: Springfield, MA 01105 OWNER: F.L. Roberts and Company, Inc. 93 West Broad Street OWNER'S ADDRESS: Springfield, MA 01105 _ RE LAND OR BUILDINGS IN NORTHAMPTON AT: 430 North Main Street ASSESSOR'S MAP and PARCEL NUMBERS: MAP 11C PARCEL 54 At a meeting conducted on September 2, 1998, the Northampton Zoning Board of Appeals voted 2:1 (NeJame opposed)to DENY the request of F.L. Roberts and Company, Inc. for three VARIANCES from the requirements of Section 6.2 of the Northampton Zoning Ordinance to allow insufficient rear setbacks and an insufficient side setback and from the requirements of Section 7.4(4)(A)(2) to allow a sign setback of less than fifteen (15) feet from the street lot line for property located at 430 North Main Street. (Note: The applicant also applied for and was denied a Special Permit with this request.) Zoning Board Members present and voting were: Chair Mark NeJame, Larry Snyder and Associate Member Bill Brandt. In DENYING the request for a Variance, the Zoning Board of Appeals found: 1. That there are circumstances relating to the shape of such land that affect the property in question but do not generally effect the zoning district in which the site is located, because the lot is irregularly-shaped so that enforcement of setback requirements leaves limited buildable area. 1 ORIGINAL PRINTED ON RECYCLED PAPER 2. That a literal enforcement of the provisions of the Ordinance would not involve substantial financial hardship to the applicant because the applicant could still rebuild his gas station while meeting zoning requirements. The applicant's claim of hardship related to the fact that he maintained that he would not be able to stay in business unless he added a convenience store; however, a majority of the Board concluded that this did qualify as a hardship. 3. That desirable relief could not be granted without substantial detriment to the public good because the proposed expansion would result in increased traffic to the property, which would detrimentally affect the neighborhood since the property serves as an entrance to Look Park and is highly-trafficked by pedestrians and bicyclists. 2 l Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Variance, 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 Zoning Board of Appeals hereby certifies that 3 Variance hm'ebeen DENIED 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 or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date that this decision was filed with the City Clerk. APPLICANT: F.L. Roberts & Company, Inc. -430 North Main Street DECISION DATE: September 2, 1998 DECISION FILED WITH THE CITY CLERK: October 7, 1998 I _