11C-054 •
Office of Planning and Development our7 ;998 f l L' ?� •a c °4'�
City of Northampton
City Hall • 210 Main Street
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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.
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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.
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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
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