Three County Fairground-ZBA FINDING-2010Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2011-0007Date: November 10, 2010
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding9/17/2010
Applicant's Name:Owner's Name:
NAME: NAME:
THREE COUNTY FAIR(Hampshire, HampdeHAMPSHIRE FRANKLIN & HAMPDEN AGRIC
ADDRESS:ADDRESS:
P O BOX 305P O BOX 305
54 Fair Street54 Fair Street
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01061NORTHAMPTONMA01061
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 584-2237 ()
(413) 584-2237 ()(413) 586-1297
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
BRIDGE ST
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Grant
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
25C251001
Chpt. 350- 9.3: Pre-existing Nonconforming
TOWN:STATE:ZIP CODE:
Structures or Uses May be Changed,
Book:Page:
Extended or Altered.
72151
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Demolish barns & reconstruct three new barns with associated site improvements.
HARDSHIP:
CONDITION OF APPROVAL:
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 to a non-conforming use were based on the plans and information submitted
with the application as follows:
1. "Three County Fair Grounds Phase 1 2010", dated Sept 6, 2010 rev. 10/6/10. Prepared by The Berkshire Design Group, Inc. Sheets E-1,
2, S1, 2, 3, D-1, 2, 3, A1.
The Board found the following:
1. The proposed project did fall under section 9.3 (A7) as it constitutes an alteration to a use that is more than 100 years old.
2. The Board heard that the reconfiguration of the barns into new modern barns would enable the Fair to maintain its contract with the
Morgan Horse Show which is one of the historical and primary functions at the site outside the fair itself. Without construction of new
barns, the Fair would likely lose the horse show.
3. Under section 350-9.3 (A7), found that the change did not involve a sign (see § 350-7 for signs) and the change does not increase the
nonconforming nature of the property and does not create any new zoning violation (such as further reducing a setback or minimizing
open space).
Specifically, the change/alteration/expansion to the pre-existing non-conforming Fair operation which entails demolition of 15 dilapidated
barns on the edge of the property and replacement with 3 new barns located at the interior of the site (along with associated site work)
would not be substantially more detrimental to the neighborhood than the existing nonconforming use of the Fair. Replacement of the
barns would be an improvement to the site and the function as well as the setbacks resulting in fewer barn stalls in the three newly
reconstructed barns than in the 15 existing, deteriorated barns.
Further, the Board heard evidence that the proposed reconstruction of the barns will result in more rainwater being trapped upon the Fair
property, thus reducing its runoff onto adjacent properties.
COULD NOT DEROGATE BECAUSE:
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2011-0007Date: November 10, 2010
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
9/14/201010/9/201010/28/201011/11/2010
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
10/2/201011/21/201010/28/201011/11/201011/30/2010
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
9/30/201010/14/201010/28/201011/10/2010
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
10/7/201011/11/201012/26/2010
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
Malcolm B.E. Smithvotes toGrant
David Bloombergvotes to
Sara Northrupvotes toGrant
Bob Riddlevotes tono action needed
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Malcolm B.E. SmithSara Northrup3Approved
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.