Loading...
38C-020 375 South St-Flea Market ZBA Finding- 2009~~ l\ Zoning Board of-Appeals -.Decision City of Northampton Hearing No.:.ZBA-2009-0009 Date: May 27, 2009 . APPLICATION TYPE: SUBMISSION DATE: Commercial Finding 4/28/2009 Annlicant's Name: Owner's Name: IVAME: Richard Cahilllane IVAME: Double Duck LLC ADDRESS: 104 Spruce Hill Ave. ADDRESS: 375 South Street TOWIV: FLORENCE STATE: MA ZIP CODE: 01062 TOWN: NORTHAMPTON STATE: MA ZIP CODE: 01060 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Sites Infnrmatinn~ Surveyor's Name: STREET NO.: 375 SOUTH ST SITE ZONING: URB(100i//WP COMPANY IVAME: TOWN: NORTHAMPTON MA 01060 ACTION TAKEIV: , ... Approved w/Conditions ADDRESS: MAP: BLOCK: LOT: MAP DATE: SECTIOIV OF BYLAW: " ' ' 38C 020 001 Chpt. 350- 9.3: Pre-existing Nonconforming TOWN: STATE: ZIP CODE: Book: Page: Structures or Uses May be.Changed, 4836 309 .Extended or Altered. PHONE No.: FAx No.: nleTl IDC (lG RR(1R(lCFll 1A/(1RIC~ EMAIL ADDRESS: Propose flea market. HARDSHIP: COIVDITION OF APPROVAL: 1) 1.The permit is valid through December 1, 2009: -- ' 2. Notwithstanding the above, this permit could be renewed for an additional 6 months through May 31, 2010 with staff approval if staff finds that any determined offsife Traffic impacts in -the immediate area are .addressed either through closing one curb cut, reducing vendor numbers, otherwise improve traffic flow on site. Alternatively the applicant could return fo the Zoning Board of Appeals with a full study and proposal for addressing the Traffic impacts as determined by Office of Planning and .Development. 3. Upon expiration of the permit on May 31, .2010, the applicant may file.a new permit at that time. Such a permit must address the other non-conformities of the site fo establish the use on a permanent basis. FIIVDIIVGS: The Zoning Board of Appeals granted the Finding based on the materials'arid graphics submitted with the application. The Findings of the Board under Section 9.3 for the change from anon-conforming auto-dealer use to anon-conforming retail (flea market) use were as follows: `' 1. The Board found that the change (on a Temporary basis) 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 Phan -the currenf.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: Geo`fMS®-2009-Des-L-aurisrs-Municipal-3olutions-Inc. Zoning Board of Appeals -Decision City of Northampton Hearing No.:.ZBA-..2009-0009 Date: May 27, 200~J FILING DEADLINE: MAILING DATE: 1-IEARING CONTINUED DATE: DECISION DRAFT OY: APPEAL DATE: 4/14/2009 5/9/2009 5/28/2009 REFERF2ALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 5/2/2009. 7/2/2009 5/14/2009 5/28/2009 6/16/2009 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: ` 4/30/2009 5/14/2009 5/14/2009 5/27/2009 SECOND ADVERTISING DATE: FIEARIIJG TIME: VOTING DEADLINE:, DECISION DEADLINE: 5/7/2009 5/28/2009 8/6/2009 MEMBERS PRESENT: VOTE: Malcolm B.E. Smith votes to Grant David Bloomberg votes to Grant Sara Northrup votes to Grant Bob Riddle votes to MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: .Sara Northrup Malcolm B.E. Smith 3 Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. 1, 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 alI plans have been filed with the Board~and the City Clerk on the date above. 1 certifythat 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 maybe 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 Cify Clerk. The date of filing is listed above. Such appeal maybe made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. G eoTM S®'2009-DesL-auri ers-Muni cipa May 13 2009 10:03 City of Northampton DPW (4131 5871576 /~ ~~ MEMORANDUM TO: David Bloomberg, Chair, Zoning Bo d of ,aLy FR: James R. Laurila, P.E., +City Engineer, DA: May 12, 2009 RE: File: 375 South Street -Change of P -existi Nan-conforming Use from anto deaAership to weekend Flea Mae~ket -Finding Map ID: 38C-20 CC: file TLe Department of Public Works has revieK~ed the above referenced application f®r the €ollowing lteats; Traffic: x Volume & Impact on City Street x Roadway Capacity x Adequacy of City Road Construction x Site Distances x Pazking x Driveway Opernings p.2 Utilities: x Drainage Into City Stormwater System x Capacity of Stormwater Line x Sanitary Sewer x Water x Other: The Department of Public Works has the following comments: x No Concerns, project will not have an impact on any items reviewed x Traffic Study is required?? Roadway does not have adequate capacity to handle the additional traffic Roadway is riot adequately constructed to handle proposed increase in traffic Site Distances are not adequate for proposed project Parking spaces do not meet minimum requirements Parking spaces are too close to driveway opening Driveway openings are not adequate for proposed use City stormwater system is not adequate to handle increase in drainage Stormwater system does not meet minimum requirements for reduction of Total Suspended Solids (TSS) Sanitary Sewer line is not adequately sized for proposed use Sewer line connection is not properly shown Water line is not adequately sized for proposed use Water line connection is not properly shown Other Comments: • The scope and impact of the propased use is not clearly defined. Traffic flow .maybe significant dosing limited aperationa.i hours: Traffic movement in and out of the site is not well marked. Curb cuts are wide and ill defined. 0375 South Strcet Finding.ZBA.doc Page 1 of 1 // 7: , . '~ \ ~ .~ _' ~'arolyn Misch From: dnarkewicz@gmail.com on behalf.of,Rauid Narkewicz [dnarkewicz@comcast.net] Sent: Monday, May 11, 2009 9:12 PM To: Carolyn Misch ' Subject: Fwd: [SouthStNeighbors] THURSQAY: Zoning and Planning Board Hearings for Ward 4 projects on South Street & Easthamptor Street forwarding to ZBA ' ~' ~ ` ---------- Forwarded message ---------- ~ , From: caudia obrien <claudiafairview cr,yalioo.com> ` ' Date: Mon, May 11, 2009 at 7:21 PM Subject: Re: [SouthStNeighbors] THURSDAY: Zoning`'~iiici`l?l~iuliig Board Hearings for Ward 4 projects on South Street & Easth~uiipton Street To: David Narkewicz <dnarkewicz(a~comcast.net> „ Hello, ~,: My name is Claudia O'Brien of 27 Fairview Ave and I stioiigly oppose the use of the former Cahillane building as a weekend flea market. Thai~lc you for considering my opinion. Claudia oUrien - 27 faiiview ave northainpton, ma --= On Mon, 5/11/09, David Narkewicz <~lrzarkewicz a,comeccst:iiet> wrote: From: David Narkewicz <darkewicz a,comcast.net> Subject: [SouthStNeighbors] THURSDAY: Zoning alld Plai?i?iig,Bo~rd Hearings for Ward 4 projects on South Street & Easthampton Street To: .. ... ............ ... . Date: Monday, May 11, 2009, 1:48 PM , . ~i° Zoning Board of Appeals (ZBA) Thursday, May 14, 2009 , 5 :40 PM City Cotmcil Chambers, Puchalski Municipal Building 212 Main Street, Northampton Public hearing on request by Richard Cahillane for a Fiidiiig toy change apre-existing non-confoi7iling use at 375 South St, Northa~~lpton Map ID 38C-20. Change of use would allow for the operation of a weekend indoor/outdoor flea market at the site of the fonller Cahillane Dodge automobile dealership. Froiz tle' 1~pTc'ation: "TI~.e may^ket wotir.ld be t^un o» ~-veelzen~ls. We plan to let space to vencloi^s Tnainly inside the builclirzg`iisiizg the slzo~v~^oo»2 cc~zcl gay^age space. yVe Izave ample space fo~^ pai^I~ing. The impact on the szc~^~rounding, i~esitle~its, slzoticlcl be n2ininial. " Planning Board i. ;; : , ~' Thursday, May 14, 2009 ~`~- ~ ~ `~-.~ 7:`30 PM _ ,. . City CoLUZCil Chambers, Puchalski Municipal Building 212 Main Street, Northampton Public hearing on a request by Open ~ Shut LLC (Raynor Door) for Site Phil Approval to construct a 5,000+ square foot sales bui.ldi.7.lg at 309 Easthampton Rcl, Nort]zainptori; Map ID 44-27. Raynor Door Sales of I;asthamuton, which sells residential and commercial overl~ead:garage doors and openers, is seeking to move Prom its current leased. location at 30 Lyman Street, TJasth~i?Zpto,i~;ailcl bu.ilcl a new racility on Iasthampton Road (Route 10) in Northampton. ~. You received this message because you are subscribed to "South-Street-Neighbors". To post: email SouthStNei hbors cr,~oo~le •ou sp coii7 ,., To unsubscribe: email SouthStNei~hbors-unsubscribe~,~ooale,~roups.com To subscribe: email SouthStNei~hbors-subscribe cr, og_o~le roiips.com n fVlay 12, ?009 To the Northampton Zoning Boarcl, n ,, would like to state nay concerns regarding the application for the proposed flea market on South Street. I've been a resident of South Street most of my life and have seen an enormous increase in traffic flow tluough the years where at one time it was easy to access my driveway to painstalcingl.y waiting for the right moment to make the tuns. From my experience flea markets tend to dra~~~ a lot o:Cpeople from various locations. Typically, there are lines of cars waiting to enter and exit fihe site and other cars are waltmg for parking spaces to become available. Foot traffic is vastly scattered throughout the site as people maneuver in and around cars and vendors. These issues would create an unsafe situation for vehicles traveling on South Street. When there is an overflow of attendants and there is no parking available people will inevitably resort to parking on the street and side streets. South Street begins at the end of a State highway. Because of the high traffic it is an extremely difficult street to cross. If, adults and children are crossing back and forth.(and possibly carrying or loading large objects into their cars) this not only creates traffic jams and congestion but a very hazardous situation for vehicles and pedestrians alike. A big question is the amount of people this could draw in. The size of the site is too small for this type of activity and reminds me of an event rather than a business that is able to concretely regulate the number of customers, drive lanes, traffic flow, safety and parking. Can you assure that there won't Ue lines of cars backed up on South Street or idling cars stopping and starting all weekend long obstructing the natural flow of traffic. Tlie proposed use would create a substantial iilcre~se.in traffic as `~~ell as a hazardous situation. in a residential neighborhood. It also seems like a lot, to request residents to deal with more traffic issues and congestion in addition to the increase in traffic associated with the development and anticipated redevelopment; of the former state hospital property. Thal>Ic you for your consideration of this matter, Aleta DeLisle South Street Resident n May 11, 2009 To.Whoin It May Concern, I'cl like to state my opposition to the change in use at 375 South Street for the proposal of an indoor/outdoor flea market. We live in a residential neighborhood. The change in use would create nzoie traffic in an already high traffic area which would inalce it even harder to enter and exit my street when it is difficult enough. The site is very small and this type of business will surely create traffic jams and congestion when people access it inalcing it unsafe for vehicles and pedestrians. I'm also eoncerneci about the amount and type of people the proposed use could attract. My car has been vandalized and stripped of everything. 1VIy husband's car was broken into last winter. We've also had snowblowers .stolen from our garage. If there is ui overflow of parking and people park on the street it could attract unsavory characters into the neighborhood. It would also present a dangerous situation if people are crossing the road to get to the site. The postman even conunented that it's difficult for him to cross the street due to the traffic. Has there been any traffic studies done as to the impact this would create to the neighborhood? How is it possible to regulate safety and traffic issues given this type of business and the amount of people it could attract? I believe it would have a substantial negative impact on the neighborhood and be much more detrimental to the neighborhood then the I'ornler business that was there. Sincerely, lane Lowe Cedar Street Ica Owner: [pipe: 1] Double Duck LLC Address: 384 South St, Northampton; Massachusetts 01060 Applicant: Richard Cahillane/[pipe: 75] Address: 104 Spruce Hill Ave, Florence, Massachusetts 01062 413-575-6142, rjc@cahillane.com I'represent under the pains and penalties of perjury that: 1. The information in this application is correct 2. Two copies of the application (E~iCEPT for ANR plans) have already been delivered to DPW. 3. I have AT.RFAT)y posted the required sign on the property. 4. The OWNER has authorize - ct this property Applicant signature: Owner Signature. Work Location: 375 South St, Northampton 01060 Map ID: 38C-020-001, Deed: 7779/75, Zoning: URB(100)/WP Permit(s) Requested: ZONING FINDING ($200) Regulations• 9.3 Project: We need a change of use permit because the property is anon-conforming business in a residential area.We would like run an indoor/outdoor market Flea market at the site of the former Cahillane Dodge automobile dealership. The market would be run on weekends. We plan to let space to vendors mainly inside the building using the showroom and garage space. We have ample space for parking. The impact on the surrounding residents should be minimal PERMIT CRITERIA (IGNORE "pipe," it refers to pemuts you have not applied for.) Finding criteria The existing property, use, or building is legally preexisting nonconforming, The project does NOT create a new zoning violation, The project is NOT more detrimental to the neighborhood than the old use Property has run as a non conforming in a residential area for appx 60 years. The new use will not be more detrimental than the old use. The dealership was a seven day a week operation. Flea Market should be m;n;+ral impact on the area. Appeal of Building Commissioner [pipe: 252] [pipe: 118] Comprehensive 40B Permit [pipe: 197] [pipe: 196] Variance Application: F [pipe: 249] [pipe: 251] Special Permit and Site Plan Criteria: [pipe: 253]: [pipe: 82] [pipe: 254]: [pipe: 87] [pipe: 255]: [pipe: 91] [pipe: 257]: [pipe: 96] [pipe: 256]: [pipe: 102] [pipe: 258]: [pipe: 105] [pipe: 259]: [pipe: 100] [pipe: 156] [pipe: 261] ~~ APR 2 4 2009 CITY CLERKS OFFICE NORTHAMPTON, MA 01060 [pipe: 198] p • ' :h, Ir / [pipe: 199] ;Requested Site Plan Waivers: [pipe: 210] I have ALREADY posted the REQUIRED sign so it is visible from a public way CITY CLERK USE: Submit/e~l• _/_/09 Decirian: _/_/09 INSTRUCTIONS- to._file your_.application View Results C/ i File # MP-2009-0086 ~~ ~~- ' APPLICANT/CONTACT PERSON CAHILLANE RICHARD ADDRESS/PHONE 104 SPRUCE HILL AVE (413) 575-6142 () PROPERTY LOCATION 375 SOUTH ST MAP 38C PARCEL 020 001 ZONE URB(1001//WP THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE Building Pernut Filled out Fee Paid T_ypeof Construction: ZPA -FLEA MARKET New Construction Non Structural interior renovations Addition to Existing _ Accessory Structure Building Plans Included: Owner/ Statement or License 3 sets of Plans /Plot Plan THE FOLLOWING ACTI N HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRES TED: Approved Additional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER : § Intermediate Project : Site Plan AND/OR Special Permit with Site Plan Major Project: Site Plan AND/OR Special Permit with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § ~ ~ _) Finding Special Permit Variance* Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Septic Approval Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commi ion Permit DPW Storm Water Management Signature of B mg Offi ial Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health, Conservation Commission, Department of public works and other applicable permit granting authorities. Water Availability Sewer Availability Well Water Potability Board of Health * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of Planning & Development for more information. (~~ File No. ~/ ~ ~ ~~ ZONING PERMIT APPLICATION (~Y o2) Please type or print all information and return this form to the Building Inspector's Office with the $s5 filing fee (check or money order) payable to the City of Northampton 1. Name of Applicant: ~ ~ ~ a.. ~~ `~~~ ~., Address: ~ Q ~~, ~ ~~, ,~~r ~~~ Telephone: ~ 1,~ ~ ,~ ~~i • ~~ ~ ~Z-. 2. Owner of Property: ~~ ~~ ~~l c. ~f~- ~~~., Address:~~~ ~ s~~a~ ~j~ ~~'~tnn~~ ~ Telephone: ~.~,~j `~~(~J- ~ ~,"!~- 3. Status of Applic2ant: Owner ~ ContCract Purchaser Lessee Other (explain) 4. Job Location:_ c~~~ ~~~~ ~~~ . Parcel Id: .Zoning Map# O~ Parcel# District(s): In Elm Street District In Central Business District (T0 BE FILLED' IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property: C"d~C ~' 6. 7 8 Attached.;Ptans: Sketch Plan ~_ Site Plan .~_ Engineered/Surveyed Plans Has a Special Permit/Variance/Finding ever been issued for/on the site? NO DONT KNOW .~_ YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DONT KNOW ~ \ YES IF YES: enter Book Page and/or Document # 9.Does the site contain a brook, body of water or wetlands? NO ,~_ DONT KNOW YES IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained ,date issued: (Form Continues On Other Side) W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004 Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): (~ 10. Do any signs exist on the property? YES ,\ NO ~~ uv.~ Are there any proposed changes to or additions of signs intended for the property? IF YES, describe size, type and location: YES _~NO ' ~~ ~ ~ ~~Q~ 11. Will the construction activity disturb (clearing, grading, excavation, or filling) over 1 acre or is it part of a common plan of development that will disturb over 1 acre? YES NO _~_ IF YES, then a Northampton Storm Water Management Permit from the DPW is required. 12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION This column reserved for use by the Building Department EXISTING PROPOSED REQUIRED BY ZONING Lot Size ~g ~'` ~ V ~~~ Frontage Setbacks Front Side L: R: L: R: L: R: Rear Building Height Building Square Footage 1,y o ~ o Open Space: (lot area minus building.ft paved o ~~ parking ~ # of Parking Spaces # of Loading Docks Fill: (volume >t location) 13. Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge. Date: ( ~ Applicant's Signature NOTE: Issuance of a zoning permit does not relieve an applican burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Historic and Architectural Boards, Department of Public Works and other applicable permit granting authorities. W:\Documents\FORMS\original\Building-Inspector\Zoning-Permit-Application-passive.doc 8/4/2004 IF YES, describe size, type and location:n ~ ~, ~~ ~ r~1 ~c,~~~~5 1~0 u s~'1+r ~/~ • ~ ~ / f ~ \ 1 r ;' ~ j ~ ~ _... ~; ~ it ~ \ ~•\ ~\ •\ I (i - ~ +~ ~ ~ ~ •~ ~ •\ 4 I i PARK ~Rgp,CE O rati, ~°< v o m c n ~ .+ O i0 O m Q ~ O K C 'p 'D ? p C .+'p ~ ~ A fJ y ~ S ~~ \\ ~ ~\ 1 ~ ,\ ~` t' ~ \ o.i~l~ ~ ~ ;~'.` o .I ~ I 1 1 o ~1 \ ~~ .~ ,., ~~~ ~. ~ ,. ,~ . .; .. ~~ ~:i ~' o .: O f n ~,o it ~ Z C ~ N ~ ` ~ ~ No,.iko'~p n 0 0 ~ •` n ~ •` ~ x I ~ N ~ r tI m ~ V •` 1 j ' ~! W _ f ~ ~ ~ ~ •\, ~. ~ ` •\ I: A i `oc of •i 1 { 'Far ~~ ~ t i ~ \ 0 1 !~ ~ ,~~ ~ ti ~~ - i I ~ i ~ ' ti It ~ ~ .~ ~: ~ ~ ~~ ~ i I t~ 1 ~ m 1 '~ i ~ ~ `^ ~ 1 II t~. ~ ~ i ! I i; { ~ ~~ ~ ~ i f Y ~ f N - ` I O 1 ~ u~ ~~ ~~~~~ ~ ~~ u ~ ,.. . . ~~ c _.. ~ ~ ~- 2 $k~ s ' ~ m l 74 0~ ~~~ ~ `~ n ~•-- - V' ~ ~ X ~ M ~ ~ r------~ Z ,. n n H M N N ~~ ~ ' ~ M b ~. G ~' a ~ ~~ P ~ ~~ cc~~~- X - S- Z a To: Office of Planning and Development Carolyn Misch As requested here is an overview of the traffic situation at the Mill River Marketplace. The Marketplace has been operating on Sundays since late June. There have been no traffic problems or situations associate with the Marketplace. The parking lot fills up to between ½ and ¾ full during the peak times. Peak traffic is usually between 11am and 2pm. There has been no spillover parking on South St or anyplace that would impede foot traffic along South St. We have barred parking in front of the showroom in order to prevent customers from backing up into traffic coming into the parking lot from South St. The traffic on South St. on Sundays is light compared to the rest of the week and people have had no problem pulling in and out of the property. The vendors are parked on the right side of the building or across the street and typically and not coming and going during the course of the day. Please let me know if there are any questions concerning our operation at 375 South St. Sincerely Richard Cahillane Double Duck LLC