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".
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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
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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