238 Bridge St ZBA 1989-1984. ! " II
IVED
~ MA01060
002065
DEC!SION OF
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SOOK JJ25 PASE' 0095
NORTHAMPTON ZONING.BOARD OF APPEALS
', At a meeting held on January 4, l9S9, the Zoning Board of
(I Appeals of the, :City of Nor1:hampton voted unanimously to GRANT
• the request of .James R. 'runstall. et:. al to modify a. Variance
which had been ,granted by this Board en November 28, 1984, to
· allow the subs.titution of a Physical Therapy office as the
tenant in the building at 238 Bridge Street, replacing Hampshire
1• Office Products, the tenant specified in the 1984 Decision.
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Present and voting were Chairman Robert c. Buscher, Dr. Peter
taband. and H. Sanford Weil, Jr.
The findings were as followsi
The Board reiterated all the findings in their decision
thac was filed on December 11, 1984. Ch. Buscher and Dr.
Laband, who sat:. at this Public Hearing also sat at the 1984
Hearing.
The Board found that the proposed tenant. a Physical
Therapy office, would be an appropriate one. It is agreed that
parking at this commercial site in a Residentiai zone is awkward
and limited. 'I:he "by appointment onl.y" nature of this tenant's
business results in a low and predictable level of traffie on
the site.
The Board heard testimony that the leather business of Mr.
Tunstall is evolving from retail to a higher degree of
wholesale, resulting in a decrease in traffic on the site.
'?he Board agreed to expand the list of qualified tenants to·
those outlined in the following sections of the Northampton
Zoning Ordinance:
ll Section s.2. Pages-a. Paragraph 2 and 2(aJ. "Retail.
establ.ishments, Wit.h maximum floor ~rea of 10,000 square feac
pe: floor for anv sinqle estabLishmen~. selling genera1
merchandise, including, bU~ not limited to .. dry good.a, appara1
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NO~N ZONING BOARD OF APPEALS
DECISION ON '1'!m APPLIO.TION OF JAMES R. •. 'l'UHS'l'AU., ff AL PAGB TWO
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:!: and accessories , furniture and home furnishings • home equipment , small wares and hardware, and includinc; discount. and limi tee
price variety stores." Sale of food is specifically prohibited..
1· 21 Sect.ion 5.2, Page s-10, Para.graph 12, "Miscellaneous
professional and business offices anc services including, but
I·.::. no-c limited. to, medical, legal, and 01:.her professional services e.r:.d t'ina.nce, bankinc;, insurance and real estate office.''
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Rober~ c. Buscher, Chairman
Dr. ?e1:.er Laband
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M, San;ord Weil, Jr.
R&'!tiv:Jd :st City C!~r!<':s Office
CERTIFICATE OF CITY CLERK
I.I I, Adeline Hurray, City Clerk of the City. of Northampton, I ber7by certify that the above Decision of. the Northampton
Ii Zoning Board of Appeals was filed in the_.,of;ice of the City
Clerk on January 12, 1989, that twenty days h4lve elapsed
February 2, 1989
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1 since such filing and that no appeal has/b~en filed i~is 1
matter. ti · , {J , •. -~ / . . -~ • ' ,11 ... j ! At test: , C.,,; /' _,;/f ~-( i n ,i,.,~ 1
. j Adeline Murray, .' ,1 !:
.. '· · · :{t. City Clerk v'j 1t · · -:... City of Northampton \
1! natfi;J re, 1989 at..d_o•cloclc at>d..:U,.nri"· ... -(i: M .. Rf'C'd enrd and com'&, .
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THE COMMONWEALTH OF MASSACHUSETI'S
Northamoton
OtyorTo«n
BOARD OF APPEALS
Date: Oece110er 11 • • l!S4
Ccnit'icatc of Granting of Variance or Special Permit
(General Laws Chapter 40A. Section 11)
The Board of appeals ofthcCityorTown of ~orthamoto'1
hereby certifies that a Variance or Special Pe'mit has been grapted
To HOD Tr-•,st(,hm<>s Tnnsta 1 J
Address 238 Br-ido~ Str~~t
City or Town .!llcrt'?r1mot:;n
affecting the rights of lhe owner with respect to land or buildings at ____ ..,... ____ _
~38 Sridce Street. ~orthamoton
And the said Board of Appeals further certifies that th~ d~sion aua.::=cd hcrcto is a r.rue and . . . mod 1-r1ca t 10n • -d correct copy of 1ts dcas1on granting said variance -spcciu ~ic. :md that copies of sai
decision. and of all plans .-efc:rrcd to in the decision. have been f'ded with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or appii.::mt that General Laws.
Chapter 40A, Section I ~ (last paragraph) provides that no variance or spc:i:ial pcnnit. or any C:X•
tension, modilication:or renewal thereof. shall take effect until a copy of the decision bearing the
certification of the town or city cl::rk that twenty days have elapsed aftct the decision has been
filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has
been filed. that it has been dismissed or denied. is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor indcX under the name of the
owner of record or is ra:ordc:d and noted on the owner's certif"icatc of tide. The fee for sudl recor-
ding or registering shall be paid by the owner or applicant. f ~ _ . ~ .ce:e.
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DEC1S10M 01'
%OHi.RC BOARD or APPEALS .. " At a ae:el'.ing held on Noveaber 28. 1984. the Zooilsg loa'C'd of Appeala I
of the City of Northampton voted unaoi.inoualy to grant the variance 11110diflc-
tion request of HOP Truat. 238 Bridge Street. Northampton and James :
· Tunstall. Northveac Road. Weathampl'.on to ua.e a portion of l'.he pl'embea at j
238 Bridge Street. Northmapl'.on for the retail .ale, wholesale. repair and .
ae11ing of leather garments and goods in conjunction vich the eziating whole-I
alae/retaii office auppiy atore. Present and voting -were: Cbainnan Robert i
Buscher. Williain Brandt and Peter Labaod •
The finding• vere •• follova:
P. Laband. referring to Section 10.13, Page 10.8 of the Zoning
Ordinance, fout.Jd that the arructure ia unique because of its peculiar
shape and being situated in a primarily residential area where it ia
the only buildiog like this in the area; l'.hat a hardship eai$ta •• .
nothing other than a buaineaa could uae the building; and there vill
be no substantial detriment to the public good or the ut1e will not
derogate frOIII the intent of the Ordinance.
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W. Brandt, referring to criteria for a ,,.riance. Section 10.13 arn1I
to the previous,decision granting in favor of the variance, stated that!
the building pre~tea :uning having been used for buaioeaa ainc:e 19 r.o. ·
ffe found that the proposed use .would be a good uae for the building. ~!
but e~pressed concerns with the lack of adequate parking i£ the !
business evolves into a high volume retail store. He alao found that .j
the structure is unique; 1:hat a hardship existll as the building ba.
been on the market for a considerable amount of ti&>! and would be
forecloaed if not sold; that the building 111Ust be used or lay fallow;
and the use does not derogate from the intent of the Ordinance as
l'.he building ca~not be used aa a residence.
R. Buscher concurred that the building ia unique acd that it is
a purely commercial structure and not aoapcabLe to use aa a residence;
that white it is not the responsi~ility ol the Board to sava someone from bad ~usiness re$ulcs. according to tne testimony ot the realtor,
Kr. Mur?by, the applicants have sought acd been unable to sell the
buildl·ng, and thua a harush1p exiatot. He stated t.tuai: ce.:ause thero,
will be no expansion of space or in.:reaoe or d~uare footase, the lioard.
cannoi: pl.ace restrieti.ons on park.1.ng. ~ '
KObert c. Buscner,Chairmen '
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\lLlham nrandt
CERTIFICATE OF CITY CLERK 3anua:ry 2, 1985
-~. Adeline Murray, City Clerk of the City of Northampton,
~_reby certify 1:hat 1:he above Decision of the Northampton
_.' ;«,ning Bo.a.rd of Appeals was file_4.-ii."-•~e Office of the City . · Cl.erk on December 11, 1984, tha:t.'.twentf •days have elapsed since
such fil:.i.ng and that no appea).·· .has.: been. fi'.Jed in this matter. ~~~~aJt~~<· "', ,·. · . • , City; Clerk · · 5\ .... -C,ity. of Nor1:hampt:on
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