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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. GeoTMS® 2012 Des Lauriers Municipal Solutions, Inc.