24C-013 265 Prospect St-Survival Center-ZBA Finding-2010Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0033Date: August 5, 2010
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding6/22/2010
Applicant's Name:Owner's Name:
NAME: NAME:
NORTHAMPTON SURVIVAL CENTERNORTHAMPTON CITY OF
ADDRESS:ADDRESS:
265 PROSEPCT ST210 Main Street
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060NORTHAMPT0NMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 586-6564 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
265 PROSPECT ST
URB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
24C013001
Chapt. 350-9.3 (1) (D): Pre-existing
TOWN:STATE:ZIP CODE:
Nonconforming Structures or Uses May be
Book:Page:
Changed, Extended or Altered with a
PHONE NO.:FAX NO.:
Finding from the Zoning Board of Appeals.
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
EXPANSION
HARDSHIP:
CONDITION OF APPROVAL:
1) Survival Center sign be moved to the south side of the driveway IF it can obtain necessary permits,
and in accordance with the Site Plan labeled C100 and dated 6/29/2010 and showing the parking
setback 10 feet from the front property boundary and with the front hedge landscaped in accordance
with a July 16, 2010 letter from the Survival Center.
FINDINGS:
The Zoning Board of Appeals voted unanimously to approve the requested finding, on the basis that the use is no more detrimental to the
neighborhood.
It was approved with the condition that the Survival Center sign be moved to the south side of the driveway IF it can obtain necessary
permits, and in accordance with the Site Plan labeled C100 and dated 6/29/2010 and showing the parking setback 10 feet from the front
property boundary and with the front hedge landscaped in accordance with a July 16, 2010 letter from the Survival Center.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
6/22/20107/17/20108/5/2010
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
7/10/20108/26/20107/22/20108/5/20108/25/2010
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
7/8/20107/22/20107/22/20108/5/2010
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
7/15/20105:30 PM8/5/20109/30/2010
MEMBERS PRESENT:VOTE:
Malcolm B.E. Smithvotes toGrant
David Bloombergvotes toGrant
Sara Northrupvotes toGrant
Bob Riddlevotes tono action needed
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Sara NorthrupMalcolm B.E. Smith3-oGranted w/ Conditions
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2010-0033Date: August 5, 2010
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.
TO: Zoning Board of Appeals
FROM: Wayne Feiden, FACIP, Director of Planning and Development
RE: July 22, 2010 ZBA Meeting Staff Report
DATE: July 7, 2010
Carolyn Misch has recused herself from review of the Northampton Survival Center’s application, so I
will be providing staff support for this project.
Northampton Survival Center (265 Prospect Street, Map ID 24C-013)
The Survival Center is requesting a Finding to determine their proposed rehabilitation and expansion is
more detrimental to the neighborhood or creates any new zoning non-conformities. Specifically, the
Survival Center proposes to:
1.Rehabilitating their existing space;
2.Expand into space currently used by the City;
3.Expand the building to be closer to the street;
4.Make some site improvements.
Staff Findings:
1.The proposed work does not create any additional zoning violation. The expansion is closer to
the property line than zoning allows, but no closer than the existing use.
2.The proposed work will improve the appearance and functioning of the building and use.
3.The proposed work will bring the parking lot closer to conformance with the zoning, especially
by now meeting the 10’ front yard setback requirement for parking lots (this is not shown on
the original plans but is shown on a revised plan filed with the Planning Office).
4.The use itself qualifies for an educational exemption, so the only issue is the impacts on the
neighborhood.
5.The expanded use may generate some additional traffic. This is balanced by less City traffic
(from giving up a portion of the site) and greater setback from the front property boundary to
the parking lot.
Staff Recommendations:
Staff recommends that the ZBA issue a Finding if you find that the project is no more detrimental to the
neighborhood than the current use.
We recommend approval with the following conditions:
1. Except for the access driveway, no pavement or gravel shall remain within 10’ of the Prospect
Street sidewalk and this are shall all be seeded in maintained in grass or other landscaping and
shall, at a minimum, include the shrub hedge shown on the plans.
2.Shrubs shall include, at a minimum the following plants {insert from the shrub list that the
applicant will submit at or prior to the meeting}.