38C-020 375 South St-ZBA Finding-Double Duck 2010Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0029Date: June 25, 2010
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding5/27/2010
Applicant's Name:Owner's Name:
NAME: NAME:
Double Duck LLCDouble Duck LLC
ADDRESS:ADDRESS:
375 South Street375 South Street
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPT0NMA01060NORTHAMPT0NMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
375 SOUTH ST
URB(100)//WP
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
38C020001
Chpt. 350- 9.3: Pre-existing Nonconforming
TOWN:STATE:ZIP CODE:
Structures or Uses May be Changed,
Book:Page:
Extended or Altered.
777975
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
FLEA MARKET Amendment
HARDSHIP:
CONDITION OF APPROVAL:
1)The permit is valid for one year.
FINDINGS:
The Zoning Board of Appeals granted the Finding based on the materials and graphics submitted with the application.
The Findings of the Board under Section 9.3 for the change from a non-conforming auto-dealer use to a non-conforming retail (flea
market) use were as follows:
1. The Board found that the continuation of the change (on a temporary basis for another year) would not be substantially more
detrimental to the neighborhood than the existing nonconforming use.
2. The Board found that the building would not extend any closer to any front, side, or rear property boundary than the current zoning
allows.
3. The Board also determined that the change would not create any new violation of other zoning provisions; and does not involve a sign.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
5/25/20106/19/20107/8/2010
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
6/12/20107/31/20106/24/20107/8/20107/15/2010
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
6/10/20106/24/20106/24/20106/25/2010
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
6/17/20105:30 PM7/8/20109/4/2010
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
David Bloombergvotes toGrant
Sara Northrupvotes toGrant
Bob Riddlevotes to
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0029Date: June 25, 2010
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Elizabeth SilverSara Northrup3Granted w/ Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and
certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
___________________________________
NOTICE OF APPEAL
An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of
filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk
of Northampton.
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.