38C-020 375 South Street-ZBA Finding-2012Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0019Date: March 12, 2012
APPLICATION TYPE:SUBMISSION DATE:
Commercial Finding2/17/2012
Applicant's Name:Owner's Name:
NAME: NAME:
DOUBLE DUCK LLCDOUBLE DUCK LLC
ADDRESS:ADDRESS:
384 SOUTH ST384 SOUTH ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 584-3792
(413) 584-3792
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
375 SOUTH ST
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:
Convert auto dealership to two leasable areas. One 10,000+ sf area for back office space and a second 2,780 sf area for retail.
HARDSHIP:
CONDITION OF APPROVAL:
1)1. The 75’ x 6’ buffer to the house at 361 South Street should include Arborvitae - 5’ tall upon
planting -- with at least 10 trees starting 10’ from the front lot line and spaced 7’ apart.
2.All curb cuts except for the two 24’ wide cuts shown on the plans shall be closed. New curbing to
accomplish this shall match curbing on South Street and be installed in accordance with Department
of Public Works standards.
3.Prior to replacing bulbs in the pole lights that are shown to remain on site, approval is required by
the building commissioner and the applicant must show that the lowest wattage bulbs available for the
fixture are being installed.
4.The entire frontage of the parcel, except for the area needed for the 24’ wide driveways shall contain
a planting strip of 5’ wide that is grassed or otherwise covered with natural materials and contain
shade trees.
5. A total of 9 shade trees of 2.5” caliper upon planting shall be planted west side of the westerly curb
cut and a total of 6 shade trees of east of the westerly curb cut. All but four of these trees shall be
planted upon certificate of occupancy of the first space. The remaining four on the west end of the
site may be installed up to one year from the date of occupancy (or if necessary due to time of year, at
the beginning of the planting season following the first year).
6.Curb stops/bumpers or solid curbing shall separate the buffer along the sidewalk from the parking
spaces along South Street. Similar curb stops shall be utilized to demarcate the entire landscape
island to be created in the center of the site.
7.The landscaped island in the center of the site shall be grassed or covered with natural materials
and include 5 shade trees of 2.5” caliper upon planting.
FINDINGS:
The Zoning Board granted the Finding based on the materials and graphics submitted with the application.
The Findings of the Board under Section 9.3 for a change in use on the pre-existing non-conforming lot with a non-conforming use were
as follows:
1. The Board found that the change would not be substantially more detrimental to the neighborhood than the existing nonconforming
GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2012-0019Date: March 12, 2012
use and lot. The proposed office use with smaller retail space would reduce impacts on the neighborhood. Many of the non-conforming
aspects of the site would come closer to meeting the zoning standards through changes shown on the application and as conditioned
herein.
2. The Board found that the home 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 new construction 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:
2/7/20123/3/20123/22/2012
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
2/25/20124/22/20123/8/20123/22/20124/1/2012
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
2/23/20123/8/20123/8/20123/12/2012
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
3/1/20125:30 PM3/22/20125/27/2012
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:
Malcolm B.E. SmithSara Northrup3-0Granted 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
Administrator and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
___________________________________
The appeal period for residential findings granted by the Zoning Board of Appeals Zoning Administrator are thirty (30) days from the date
of the decision. All appeals are heard by the full Zoning Board of Appeals.
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