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32A-271 (15) SECTION 112.0 RIGHT OF ENTRY 112.1 General: In the discharge of his duties, the building official shall have the authority to enter at any reasonable hour any building, structure or premises in the municipality to enforce the provisions of this code. If any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation or premises where inspection authorized by this code is sought, the building official, or state inspector may: 1. seek in a court of competent jurisdiction a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and justification for it and may seek the assistance of polite authorities in presenting said warrant; and/or 2. revoke or suspend any permit, license, certificate or other permission regulated under this code where inspection of the structures, operation or premises is sought to determine compliance with this code. 112.2 Office badge: The BBRS may adopt a badge of office for building officials which shall be displayed for the purpose of identification. 112.3 Jurisdictional cooperation: The assistance and cooperation of police, fire, and health departments and all other officials shall be available to the building official as required in the performance of his duties. SECTION 113.0 APPLICATION FOR PERMIT 113.1 When permit is required: It shall be unlawful to construct, reconstruct, alter, repair, remove or demolish a structure; or to change the use or occupancy of a building or structure; or to install or alter any equipment for which provision is made or the installation of which is regulated by this code without first filing a written application with the building official and obtaining the required permit therefor. Exception: 1. Ordinary repairs as defined in Section 201.0. 2. Greenhouses covered exclusively with plastic film (in accordance with Chapter 671 of the Acts of 1982). 113.2 Form of application: The application for a permit shall be submitted in such form as the building official may prescribe and shall be accompanied by the required fee as prescribed in Section 118.0. 1 -14 780 CMR - Fifth Edition 6/592IEffectwc 6/19/921 , .., / i ' A :I-9 , i , r , 1 , 4 , * , ; - - ; - .,.':: ' 1 -- - - ' ' ' • - •177'1 ' ' ' ' ' ' ' ',"-;; /:_,: . .., ' ce . 1, ' I we .•, ,,„., ,. ' ,,,,, / r $ . - . , • i 1 0 , t ± . „z_....4,, , 7 ----, \ . e__, -z_ ,. 0 1 - 3 =\----J•orn .:c-.)tpJE---- r ,:,,,,,,.._,,,, .y...,..„:. • , _.........._ --- ..:. 9661z z no i i,,i ;Lc , i ,,.......____„_._:___:,,•„ 1 :.1” ' . ‘. , . ' :.J: (.•:_2 ' +3 4- ) 7) I )) t rY? ---- -,z-e. ? ) 3 * 1 ,..)' 7 -,,. • e-?. , o 1 '- r ;T ..„)...,...,( 3. _, T _ . „ .....> , ,, 9661 Z Z 130 i!:!' . . , , .. .k--,:- 1_,---{,;---..----:,--, r a: . Z t 1-1 T o . x -3 ^► m c ° Zoning Miscellaneous Additions, Repairs, Alterations, etc. Tel. No. Alterations ft -- NORTHAMPTON, MASS. 19 Additions APPLICATION FOR PERMIT TO ALTER Rcpair I Garage 1. Location i O 4 C..- r j> I f k) Orli f.. i :: - 0/U N Lot No. 2. Owner's name C t f 1) 0 i c' '•r( X44 - _ Address 3. Builder's name :31- p; ti I t L is 6 ki Address t ` °> / O 1 V ti'2 i;i'l. I4 i}-G'L-t_\r Mass. Construction Supervisor's License No. t 0' 4' . 9 i Y Expiration Date 7 / 0 ' `'S 4. Addition 5. Alteration n 6. New Porch ki 7. Is existing building to be demolished? 0 8. Repair after the fire 9. Garage No. of cars Size 10. Method of heating fir:' 5 11. Distance to lot lines 12. Type of roof 3 /4 tAli -ri--� 13. Siding house 14. Estimated cost: - 3 3 ( "3 - 0 -. 0 / L). 2,reszJ T!- The undersigned certifies the above statements are true to the best of his, her knowledg and belief. Signature of responsible appican! Remarks 10. Do any signs exist on the property? YES X NO IF YES, describe size, type and location: .;r ; '. ` .� Aft r v4 Are there any proposed changes to or additions of signs intended for the property? YES NO7( IF YES, describe size, type and location: 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This colman to be filled in by the Building Department Required Existing Proposed By Zoning Lot size Frontage Setbacks - frnnt - side L: R: L: R: - rear Building height Bldg Square footage %Open Space: (Lot area minus bldg &paved parking) _ °f "parking Spaces # of Loading Docks Fill: •J(vol -ume -& location) 13. Certification: I hereby certify that the information a" ed herein G is true and accurate to the best of my knowlrigz. DAVE: I C- 2_2 - C'j 1 APPLICANT's SIGNATURE C NOTE: Issuanoe of a zoning permit does not relieve en - p • lioant's burden to oomply witty,,4 h zoning requirements and obtain all required permits f - the Board of Health, Conservation s Commission, Department of Publio Works and other applioable permit granting authorities:— '�:' FILE # 1 ; OCT 2 21996 ti File No. / 1 1 M f y ZONING PERMIT APPLICATION ( §10.2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: Do ( L F' (-1 Address: 3 (G iC (U r O e, l- (A9L--t`/ Telephone: ( sir( 7.3 6 2. Owner of Property: .—Al. 1% Address: r '- — 3-rtn � Telephone: `a L ( 6 I O 3. Status of Applicant: Owner Contract Purchaser Lessee Other (explain): 4. Job Location: ( 13"Z. „ 0 4 r- E 1.3c (" OA ; rr8 %, P��K Parcel Id: Zoning Map# 3 � Parcel# ( / / District(s): C NL' (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property N 6 i — l=- 6. Description of Proposed Use/Work/Project /Occupation: (Use additional sheets if necessary): 7. Attached Plans: Sketch Plan Site Plan Engineered /Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special PermitNariance/Finding ever been issued for /on the site? NO DON'T KNOW }� YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW X YES IF YES: enter Book Page and /or Document # 9. Does the site contain a brook, body of water or wetlands? NO DON'T KNOW X 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) 961627 �, i j�� FILE # 1 oCTa21996 -� 3f,* • ' . ONTACT PERSON: 1, /.,�, ' t� �� v 53/9 '9.,x' PROPERTY LO ATION: / ° C —If - MAP L / PARCEL: ( 29/ ZO 1° VA) THIS SECTION FOR-OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONTN,G FORM FIT .T.ET) OTTT FeP Paid Rnilding Permit Fillf ri » ,fir Fee Paid e !� f a� Type of ('nnctrnctinn• New Cnnctrnctinn C` 77 ✓'/ /1":. �1-- Remodeling Tnterinr �iLC� /.�i-rL Addition to Exacting Aceeccnry Strnrture Building Planc Tncluded• owner /Occupant Statement nf• l.icencP # j (547fA 3 Setc of Planc / Pint Plan THELLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: . < //Approved as presented/based on information presented Denied as presented: Special Permit and/or Site Plan Required under: § PLANNING BOARD ZONING BOARD Received & Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval -Bd of Health Well Water Potability -Bd Health l eer rom C ' J / Signature of Building Ins " for Date NOTE: issuanoe of a zoning permit does not relieve an applioant's burden to comply with all zoning requirements and obtain 12 II required permits from the Board of Health, Conservation Commission, Department of Publio Works and other appiioable permit granting authorities. - 04. City of Northampton REQUIRED INSPECTIONS 1. Footings and Walls BUTLDING �� DEPARTMENT 2 . Structural Components in Place * 3. Complete Building* No. 1101 Office of the Building Inspector Zoning Form No. 961627 Date 10/28/96 Fee $120 Check ## 2069 Front Back Page, 32A Parcel 271 , Zone CB NB Section 127 ❑ Yes ® No BuuLDING PERMIT * Plumbing and Electrical Inspections required THIS CERTIFIES THAT John Lebhar before Building Inspections has permission to demolish & renovate interior Inspection on Site — Foundations situated on One Bridge St - One Bridge St Inc Inspection of Plumbing — Rough provided that the person accepting this permit shall in every respect Inspection of Plumbing — Finish rm conform to the terms of the application on file in this office, and to the Gas Inspection provisions of the Statutes and the Ordinances relating to the Construction, Inspection of Wiring —Rough Maintenance and Inspection of Buildings in the City of Northampton. Any violation of any of the terms above noted is an immediate revocation Inspection of Wiring — Finish of this permit. Expires six months from date of issuance, if not started. Building Inspection —Rough Note: A certificate of occupancy will be issued by this office upon return Insulation Inspection of this card signed by the Plumbing, Wiring and Building Inspectors. Building Inspection— Finish Smoke Detectors (Fire Department) Other THIS CARD MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON PREMISES Certificate of Occupancy ?a Wt: � u± �� y� Bui ng Inspector �= City of Northampton REQUIRED INSPECTIONS • J 1. Footings and walls ' • ° BUI DEPARTMENT � >.,'_' 2. Structural Components in Place 7 = 1 4 ; ,:"?--3, =ce" I 3. Complete Building* ti ; Na 1101 office of the Building Inspector Zoning Fonn No. 961627 Date 10/28/96 Fee $120 Check # 2069 Front Ba,�c Page, 32A Parcel 271 , Zone CB 1 Section 127 ❑ Yes l No * Plumbing and Electrical Inspections required THIS CERTIFIES THAT John Lebhar before Building Inspections has permission to demolish & renovate interior Inspection on Site -- Foundations situated on One Bridge St - One Bridge St Inc Inspection of Plumbing—Rough / G ip\ provided that the person accepting this permit shall in every respect Inspection of Plumbing — Finish t.4'tS g conform to the terms of tlx application on file in this office, and to the Gas Inspection 34? " r i ns p ec ti provisions of the Statutes and the Ordinance relating to the Constitxtion , Maintenance and Inspection of Buildings in the City of Northampton. ^, • f I n �' ' ' ° • - Iou ,ti � -2- i ) Any violation of any of the terms above no fie is an immediate revocation 5r / r 3 s pection of Wiring -- Finish l Y/97 of this 't. Expires six months from • : offs s if not started. Buildm � l d f- , tion __Rough Rou l gh p 7t., 2-3 1,—.1 7.. Note: A certificate of occupancy will be issued by this office upon return Insulation Inspection e it: 3 -! si -q 7.,, of this card signed by the Plumbing, Wiring and Building Inspectors. Building Inspection -- Finish d if 5 5 477 Smoke Detecti s (Fire Department) Other THIS CARD MUST BE DISPLA IN 4, CONSPICUOUS PLACE ON I, PREMISES 1 Certificate of Occopancy '�� B 14 g Inspeetor ►, i ,�.. If SiUt 1 10. Do any signs exist on the property? YES NO IF YES, describe size, type and location: a t — • Are there any proposed changes to or additions of signs intended for the property? YES NO IF YES, describe size, type and location: I1. .ALL INFORMATION MAST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This column to be tilled in by the Building Department Required Existing Proposed By Zoning Lot size 14,123 14,123 10,000 Frontage 35 35 80 Setbacks - frnnt 1L05 G5' 11.5' 10' -0"' --1' -4 to -1' -4 ti; -side L:1» 2'R:1• "1 L:3' -AR: 1' --10" 6 -0 - rear —O r� Building height 20 20' -0" 35 • Bldg Square footage 1737 2983 %Open Space: (Lot area minus bldg &paved parking) 70% 2 0% 20% # of Parking Spaces # of Loading Docks 0 0 0 Fill: (volume & location) 0 0 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: Issuanoe of a zoning permit does not relieve an applicant's burden to oomply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Public) Works and other applicable permit granting authorities. FILE # • i E @C �b!N Fp", II 11281/11 r ( File No. 96/o5-6 1 Er? _ , r }l r f , - , . - -- - ZO 'ING PEST. APPLICATION ( §10.2) .'LEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: One Bridge Street, Inc. Address: p_ Rnx 957; N'tnn Telephone: 5R6 -2664 (a11 rnativP (556 -6313 2. Owner of Property: One Bridge Street, Inc. Address: Same Telephone: 3. Status of Applicant: xx Owner Contract Purchaser Lessee Other (explain): 4. Street Address: / G t ,. Parcel Id: Zoning Map#27){ i Parcel# dy/ District(s): :keldtle 0tZ &/ /t a (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property Ei,. d_ 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): one story additinn to Pxisting huilding 7. Attached Plans: Sketch Plan Site Plan Engineered /Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special PermitNariance/Finding ever been issued for /on the site? NO DONT KNOW YES X 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 x 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) FILE # 961656 OCT i� 9 \''6 APPLICANT /CONTACT PE ON: 4' ,p (,L� L° - ADDR Srn.H ON — / ' ( 45 . 1 "4-. 1 ?j PROPERTy LO ATION: MAP f PARCEL: ZONE THIS SECTION FOR - OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE oak • ! 14 �, � di 1 � Ursa srTi �LV i; Building Permit Fill nt Fee Pa irl �' ' 2/d ' 106 3 = ..V,5SC Type of Construction• NPw Construction 69724Q Addition to Existing Accessory Strnrtnre Fbriilrling Plans Tnclnrlid• / �) � Owner /Occupant Statement or .icence o(Q d 7 3 SPtc of Pla / Plot Plan T,,X FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented based on information presented — 5r10t Cv nL, 0-F Denied as presented: to ere ' Nu LAStS ,i i Special Permit and/or Site Plan Required under: § PLANNING BOARD ZONING BOARD Received & Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval -Bd of Health Well Water Potability -Bd Health Permit from Conservation C mission 9 7, Signature of But . g rt :ect.. Date NOTE: issuanoe of a zoning permit does not relieve an applicant's burden to oomply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Pubiio Works and other applicable permit granting authorities. City of Northampton REQUIRED INSPECTIONS C „ 1. Footings and Walls y-" e BUILDING DEPARTMENT 2. Structural Components in Place* CrAR 3. Complete Building* No. 1102 Office of the Building Inspector Zoning Form No. 961656 Date 11/18/96 Fee $520 . 00 Check # 2108 & 1003 - front back Page, VA Parcel 771 ,Zone CB / NB Section 127 ❑ Yes El No BUILDING PERMIT * Plumbing and Electrical Inspections required THIS CERTIFIES THAT John Lebhar before Building Inspections has permission to construct 1,200 S.F. Addition Inspection on Site — Foundations situated on One Bridge St - One Bridge St Inc Inspection of Plumbing —Rough provided that the person accepting this permit shall in every respect Inspection of Plumbing— Finish conform to the terms of the application on file in this office, and to the Gas Inspection provisions of the Statutes and the Ordinances relating to the Construction, Inspection of Wiring —Rough Maintenance and Inspection of Buildings in the City of Northampton. Any violation of any of the terms above noted is an immediate revocation Inspection of Wiring — Finish of this permit. Expires six months from date of issuance, if not started. Building Inspection — Rough Note: A certificate of occupancy will be issued by this office upon return Insulation Inspection of this card signed by the Plumbing, Wiring and Building Inspectors. Building Inspection— Finish Smoke Detectors (Fire Department) Other THIS CARD MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON7 PRE SES Certificate of Occupancy --- - Building Inspector 60 ¢ y -711 ' ,....,.._. , . , City of Northampton REQUIRED I SPEC'TTt?NS % - . BI LL DI \ G DEPA T1 1 IM T 2. Structural Components in Place* 3. Complete Building* No. 1102 Office of the Building Inspector Zoning Foam No. 961656 Date 11/18/96 Fee $520.00 Cbeck # 2108 & 1003 - front back Page, 12A Parcel 271 , Zone CB i NB Section 127 ❑ Yes ill No B * Ph imbin�g an Electr!—FiIva Inspectio7..1.4,\Amrired THIS CERTIFIES THAT John Lebhar , ` Blding ons has permission to construct 1, 200 S.F. Addition n v on oil SiFoundati1 - situated on (fie Bridge St - One Bridge St Inc Inspecaion of Pluming- Rough provided that the person accepting, this pennit shall m every respect Inspection of Plumbing nish �conform to the teams of the application on file in this ofB , and to tyre Gas Iection F_, , Z - ; provisions of the Statute s and the Ordinances relating to the Construction 13sstlzl 7 Maintenance and Inspection of Buildings in the City of Northampton. S � of hin r ' ouh - ��Q> �r Any violation of any of the terms above noted is an immediate revocation Inspection of Wiring —Fish - of this Expires six months from date ofis nuance, ifnot started. 0 15 t' r 1 t 6 0 K '3 - is . i ' Bnaldu►g Inspection -- Rough ®P - _ .. - Z . , , Agit Note: A certificate of occupancy will be issued this office r�etum fir of this card signed by the Plumbing, Wiring and Building Inspectors. 1 atic s AO .�► t% 1 Building Inspection - --Finish !it' 6"" 6 Smoke Detectors (Fire Department) 4 2 q M Other THIS CARD MUST BE DISPLA IN ' CONSPICUOUS PLACE ON p: PRE SES . e,, '° Certificate of Occupancy _ ..:� �. �".,.r i _ Building Inspector -- - , — tort 1 ft MP E ! y 43'-0' — • — • — • — • — ■ — a a • mom a or a • r • — • — • r • — • a•—•• • — • — • — • •1•111 • • r • ,� r if l!!11 //, 3 1 / ., I ce meth.. ' I T _ _ _ _ _ _ _ I --, • `!i/If fiiio` 0 % Dining room Sk /� 20 occupant*, ta' i New B•eement /% 1 /t ' I L - - -- -- a ` , ur • ` I' • Shoes. sI SheMn ill Sexes* 1 / NM O,_ II dkk b on Exlet7ng en le ri v . r h 1 mu. wall �� I " c 1 , ab I 21'.er Aq 1�1�— I / ap /\ , �� OV INE � ‘: , 9' -9 23'w alk -In �1 �. �N , coder (OD) al 01 ha[h I -.7.7 1 •Lll / /,Ar"tr iii / /i /ri /i /iffl/ifiifflii1i1i11f Za COW ! in �• r� ■ ate• • moo= • r • Roams • owe= • • memo • �� • r • Thomas as Architects 1 Bridge Street Northampton, MA 76 Crescent Street Northampton, MA 01060 413 -585 -0641 A New Restaurant The Architect dull be deemed the Y l author of these docu a for Claudio l j1 nen and shall ' - Q retain all common law. statutory and Guerra other rewesed rights, rocketing the vA ri v n Thomas Douglas 11 Architect 5 A ,; i J r 76 Crescent St Northampton, MA. 01060 413 -585 -0641 February 25, 1997 10 Mr. Tony Patillo .--/ Building Inspector ....,, e City of Northampton 210 Main Street Northampton, MA 01060 RE: One Bridge Street Restaurant Mr. Patillo, Please find enclosed a new basement plan for the basement area under the new kitchen addition of One Bridge Street. Sincerely, C7(M- w1v Tom Douglas 1* b 114 11 A ilk .11 salli 9. SUBORDINATION. This Lease is subordinate to any first mortgage given by the !" LESSOR for the premises which the LESSEE is granted access across and LESSEE agrees to sign any instrument effecting the subordination within seven (7) days of presentation to the LESSEE. If, after seven days, the LESSEE has failed to sign or otherwise execute the subordination, the LESSEE appoints the LESSOR as its attorney - in -fact for the purpose of executing the subordination in the LESSEE's name. t Itk 10. INCORPORATION AND MERGER. This Lease Agreement contains all of the Irk terms of the Agreement between the LESSOR and LESSEE relating to access to the LESSEE's premises across the property owned by the LESSOR. There are no other ► promises, understandings, agreements or representations between the parties relating to p the access except as are set forth in this agreement. t IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. 1 Witness: LESSOR: 1# a- C ' 1 .Y6 yce August 0 LESSEE: F eAct 4..k /)a' i By: / A <l J Claudio Guerra( P 1• r i 1 3 filliwiliffirainrsawnwarawaraziw a • • c. LESSOR shall have the right, but not the obligation, to plow snow and store snow on the LESSEE'S premises in such places as the LESSEE may designate for snow storage. d. If LESSOR and its tenant or LESSEE or any tenant of LESSEE shall share the cost of a dumpster, LESSEE agrees that the dumpster may be placed upon LESSEE'S property in such location as the LESSEE may from time to time designate. 2. RENT. The rent for the use of the premises shall be $3,600.00 per year payable in equal monthly installments of $300.00 on the first day of each month during the term of this Lease. LESSEE shall pay the first and last month's rent upon signing this Lease Agreement. 3. TERM. The term of this Lease shall be seven (7) years commencing November 1, 1996 and ending October 31, 2003. 4. DEFAULT. If LESSEE fails to pay any installment of rent by the date due, and fails to cure such default by a late payment, without notice of the default, by the tenth day of each month, LESSOR shall have the right to terminate this Lease. Any three (3) such late payments within a calendar year shall be a default which can not be cured by a late payment. LESSEE shall also be in default if LESSEE shall file or have filed against it a petition in United States Bankruptcy Court under Chapter 7 or Chapter 11 of the United States Bankruptcy Code or by the appointment of a trustee or receiver in an assignment for the benefit of creditors. Upon a default, this Lease shall terminate and all rent for the remaining term shall be immediately due and payable. 5. ASSIGNMENT. This Lease may not be assigned without LESSOR'S written consent, which consent shall not be unreasonably withheld. 6. INSURANCE. LESSEE shall maintain comprehensive casualty and liability insurance which shall include, as part of the insured premises, the access granted by this Lease. 7. NOTICE OF LEASE. Notice of this Lease and the terms hereunder may be recorded by the LESSEE in the Hampshire County Registry of Deeds. 8. EXTENSION AND RENEWAL. LESSEE may renew this Lease for an additional term of seven (7) years, upon written notice to LESSOR, ninety days before the expiration of the initial term, if LESSEE is not in default of the terms of this Lease. LESSOR and LESSEE agree to negotiate a renewal rent. The rent for the renewal term shall not be less than $4,800.00 per year nor more than the current rent increased by the cumulative sum of the CPI (Consumer Price Index, Northeast, urban areas) for the years 1997 through 2003. 2 ji L :3 24 - " c) JAN 2 1 199 LEASE AGREEMENT AGREEMENT to Lease Access Over Land by and between JOYCE L. AUGUST of 50 Wilson Road, Northampton, Massachusetts 01060, hereinafter LESSOR, and CLAUDIO GUERRA of S 7 /1/0 .S t7 Northampton, Massachusetts 01060, hereinafter LESSEE. WHEREAS LESSOR is the owner of property at 5 Bridge Street, at the corner of Bridge and Hawley Streets, Northampton, Massachusetts by deed dated September 11, 1979 and recorded in the Hampshire County Registry of Deeds at Book 2123, page 289; and WHEREAS LESSOR has leased the property at 5 Bridge Street to Nuray Ozcelik d/b /a Martini's by Lease dated , which Lease provides that LESSOR shall have the right to settle all claims with the owner of the adjoining property at 1 Bridge Street, Northampton, Massachusetts; and WHEREAS LESSEE is a contract purchaser of the abutting property at 1 Bridge Street, Northampton, Massachusetts; and WHEREAS LESSEE wishes to lease access to the property LESSEE has a contract to purchase at 1 Bridge Street, Northampton; now THEREFORE, IN CONSIDERATION OF the payment of Rent by the LESSEE, the LESSOR agrees to lease the premises to the LESSEE as follows: 1. PREMISES. LESSEE and its customers and suppliers shall have the right to cross over and upon LESSOR'S property for all purposes for access to LESSEE's property, including delivery and access to parking. Such access shall be unrestricted and available at all times. a. Such access specifically does not include the right to parking or storage of vehicles or other property on the LESSOR'S property and such access shall not impair or interfere with LESSOR'S use of her premises of her tenant's use of the premises. LESSOR shall not impede nor interfere with LESSEE's access and shall notify any tenant of LESSOR of LESSEE's rights under this Lease to cross over LESSOR'S premises. b. LESSEE shall have the right, but not the obligation, to plow snow and clear the access over the LESSOR'S property. NOV -04 -1996 15:44 ETHERED6E U 9TELIER OFFICE 41.E 595 8406 P.03 Etheredge & Steuer, P.C. ATTORNEYS AT LAW 64 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 EDWARD U. L :rHM316:0[.E. (413) 584-1600 FAX 1413! 535.8404 SUELLEY STEUER' ' Ako Admitted in New Yvrk and CatilOrnVa October 8, 1996 Joseph J. DeFazio, Esq. 231 Main Street Northampton, MA 01060 Re: Joyce L. August to Carlo Guerrera 5 Bridge Street, Northampton Dear roe: I enclose a draft Lease Agreement and Easement Deed for your review. By copy of this letter I have forwarded the drafts on to Joyce L. August for her review. Ater you have each reviewed the drafts, I will prepare the final Lease and Deed for execution. It is my understanding that your client will sign the Lease Agreement this month and that the effective date of the Lease is November 1, 1996. It is my further understanding that Joyce L. August will execute the Easement Deed, to be held by me, in escrow, until the transfer of the real estate from John Smith to Claudio Guerrera, no later than December 31, 1996, On or before that date, you will deliver to me your trust account check in the amount of $53,400.00 and I will deliver you the Easement Deed. Please let me know if you have any questions or comments. Very truly yours, Age/ 4 4/6\ fr ... a r / . Et + g EDE/kap Encs. cc: Joyce L. August NOV 1996 EASEMENT DEED { attain I ; to till ail tst Fresno's THAT I, JOYCE L. AUGUST of 50 Wilson Road, Northampton, Hampshire County, Massachusetts for consideration of Fifty Three Thousand ($53,000.00) Dollars grant to CLAUDIO GUERRA of 570 /rf ,/ . , Northampton, Massachusetts A permanent and irrevocable easement over and upon the Southwesterly side of the land owned by the Grantor, by deed recorded in the Hampshire County Registry of Deeds at Book 2123, Page 289, a distance of fifty feet along the southwesterly boundary of said land for the purpose of allowing the encroachment of the Grantee's existing building and overhang, as shown on a plan of land in Northampton, Massachusetts prepared for John J. Smith by Almer Huntley, Jr. & Associates, Inc. dated December 8, 1983 and the Plan of Land prepared for the Boston and Maine Corporation dated October 3, 1985, recorded in the Hampshire County Registry of Deeds in Plan Book 140, Page 42, and any repairs or replacement or additional construction thereof so long as any new construction does not further encroach upon the Grantor's property or the easement granted hereunder, together with the right to use the alleyway between the Grantor's building and the Grantee's building, in common with the Grantor. WITNESS MY HAND AND SEAL this day of October, 1996. Witness Joyce L. August COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. October , 1996 Then personally appeared the above named Joyce L. August and acknowledged the foregoing to be her free act and deed, before me, Edward D. Etheredge, Notary Public My Commission Expires: 4/24/98 • 9. INCORPORATION AND MERGER. This Lease Agreement contains all of the terms of the Agreement between the LESSOR and LESSEE relating to access to the LESSEE's premises across the property owned by the LESSOR. There are no other promises, understandings, agreements or representations between the parties relating to the access except as are set forth in this agreement. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. Witness: LESSOR: Joyce August LESSEE: By: Claudio Guerrera 3 b. LESSEE shall have the right, but not the obligation, to plow snow and clear the access over the LESSOR'S property. c. LESSOR shall have the right, but not the obligation, to plow snow and store snow on the LESSEE'S premises in such places as the LESSEE may designate for snow storage. d. If LESSOR and its tenant or LESSEE or any tenant of LESSEE shall share the cost of a dumpster, LESSEE agrees that the dumpster may be placed upon LESSEE'S property in such location as the LESSEE may from time to time designate. 2. RENT. The rent for the use of the premises shall be $3,600.00 per year payable in equal monthly installments of $300.00 on the first day of each month during the term of this Lease. LESSEE shall pay the first and last month's rent upon signing this Lease Agreement. 3. TERM. The term of this Lease shall be seven (7) years commencing November 1, 1996 and ending October 31, 2003. 4. DEFAULT. If LESSEE fails to pay any installment of rent by the date due, and fails to cure such default by a late payment, without notice of the default, by the tenth day of each month, LESSOR shall have the right to terminate this Lease. Any three (3) such late payments within a calendar year shall be a default which can not be cured by a late payment. LESSEE shall also be in default if LESSEE shall file or have filed against it a petition in United States Bankruptcy Court under Chapter 7 or Chapter 11 of the United States Bankruptcy Code or by the appointment of a trustee or receiver in an assignment for the benefit of creditors. Upon a default, this Lease shall terminate and all rent for the remaining term shall be immediately due and payable. 5. ASSIGNMENT. This Lease may not be assigned with LESSOR'S written consent, which consent shall not be unreasonably withheld. 6. INSURANCE. LESSEE shall maintain comprehensive casualty and liability insurance which shall include as part of the insured premises the access granted by this Lease. 7. NOTICE OF LEASE. Notice of this Lease and the terms hereunder may be recorded by the LESSEE in the Hampshire County Registry of Deeds. 8. SUBORDINATION. This Lease is subordinate to any first mortgage given by the LESSOR for the premises which the LESSEE is granted access across and LESSEE agrees to sign any instrument effecting the subordination within seven (7) days of presentation to the LESSEE. If, after seven days, the. LESSEE has failed to sign or otherwise execute the subordination, the LESSEE appoints the LESSOR as its attorney - in -fact for the purpose of executing the subordination in the LESSEE's name. 2 NOV 4 666 _ - 1 LEASE AGREEMENT AGREEMENT to Lease Access Over Land by and between JOYCE L. AUGUST of 51 Wilson Road, Northampton, Massachusetts 01060, hereinafter LESSOR, and CLAUDIO GUERRERA of , Northampton, Massachusetts 01060, hereinafter LESSEE. WHEREAS LESSOR is the owner of property at 5 Bridge Street, at the corner of Bridge and Hawley Streets, Northampton, Massachusetts by deed dated September 11, 1979 and recorded in the Hampshire County Registry of Deeds at Book 2123, page 289; and WHEREAS LESSOR has leased the property at 5 Bridge Street to Nuray Ozcelik d/b /a Martini's by Lease dated , which Lease provides that LESSOR shall have the right to settle all claims with the owner of the adjoining property at 1 Bridge Street, Northampton, Massachusetts; and WHEREAS LESSEE is a contract purchaser of the abutting property at 1 Bridge Street, Northampton, Massachusetts; and WHEREAS LESSEE wishes to lease access to the property LESSEE has a contract to purchase at 1 Bridge Street, Northampton; now THEREFORE, IN CONSIDERATION OF the payment of Rent by the LESSEE, the LESSOR agrees to lease the premises to the LESSEE as follows: 1. PREMISES. LESSOR and its customers and suppliers shall have the right to cross over and upon LESSOR'S property for all purposes for access to LESSEE's property, including delivery and access to parking. Such access shall be unrestricted and available at all times. a. Such access specifically does not include the right to parking or storage of vehicles or other property on the LESSOR'S property and such access shall not impair or interfere with LESSOR'S use of her premises of her tenant's use of the premises. LESSOR shall not impede nor interfere with LESSEE's access and shall notify any tenant of LESSOR of LESSEE's rights under this Lease to cross over LESSOR'S premises. Etheredge Steuer, P.C. ATTORNEYS AT LAW 64 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 EDWARD D. ETHEREDGE (413) 584 -1600 FAX (413) 585 -8406 SHELLEY STEUER' • Also Admitted in New York and California October 23, 1996 Joseph J. DeFazio, Esq. 231 Main Street Northampton, MA 01060 Re: Joyce L. August to Carlo Guerra 5 Bridge Street, Northampton Dear Joe: I enclose copies of the revised Lease Agreement and Easement Deed. I also enclose an original of the Lease Agreement for your client's signature. If the Lease Agreement is correct, please sign and return it to me together with the first and last month's rent in accord with Article #2. If the Easement Deed is acceptable to your title insurer, I will have Joyce sign it and hold it in escrow until you deliver the $53,000.00 to me in late December, 1996 or early January, 1997. Ve ruly yours, 4 t. EDE/kap Encs. cc: Joyce L. August 1 Bridge Street NAM P DEPARTMENT OF PUBLIC WORKS 9 � ` t 't 125 Locust Street W V/1 - W " et 4i Northampton, Mass. 01060 D # 964501660 C3r , arZ 4 Telephone 582 -1570 ext. 570 , �.w•_ _ � S- v" No. 552 y I �� TRENCH PPROVE DISAPPROVED v ?s °o Date PERMIT By FEE y - . _.... (Department of Public ''orks) A N $50.00 \'o Work to start until signed. #2109 This permit (license for digging up any street or sidewalk) is issued under the provisions of Chapters 32 and I8 -A of the Revised Ordinances of the City of Northampton sub to the "Specifications for Care of Street Cuts" approved and adopted by the Department of Public Works on Septem 25, 1991 . The applicant hereby agrees to protect all cuts with bar- ricades and lights, and to save the City of Northampton harmless from all claims for damages whatsoever arising from the oc• cupation of the highway, until such time as the work has been approved and accepted by the Department of Public Works as provided for below, and in the case of private utility, to pay all charges for resurfacing. J ohn C. Lebhar Building — Renovations 549 - -7363 1. Name of Applicant E NOTE: TEMPHRARY Address 10 Riv ar: rive . Hadley 01035 PATCH REMOVAL By (Authorized Representative) 2. Location and description of proposed trench and utility (if any), and purpose of cut: { ids. � ' ki�k.�•.rt? �� 1 Bridge Street 3. Estimated dates of occupation of street November 18, 1996 • 4. (To be filled in by Engineering Department) INFRA —ICED S LL BE RE MM Location (line and grade) assigned: AFTER TRENCH CUT IS IIADE. WATER 6_�+ UTILITIES NOTIFIED: SEWER /! % I i " k R " r DATE .441 //- . A'"" r - .-:,.a STREETS SIGNED C / l f ,, /` 4 �1rbl >,� � a Signed , City Engineer. 5. Constructed to line and grade as assigned. Area sq. yds. Date Signed , City Engineer. 6. Completed work approved and accepted. Date By (Department of Public Works) 113-29 96 12 : 19 THOMASDOUGLEGARCH I TECT T: 4135050641 P:E12 1 bridge at areas FINAL • EXISTING AND PROPOSED ARFAS 10/28/96 Onc Britigy Strort (Existing TJ's &stair O Briduc Stri:Azt. Northampton., MA. Thomas Do as Architect, 76 Crescent St. Northam . ton, MA. 413 Existing Buikiing AMA SQ FT lot cOverage SC,,) FT existing, 1st fl 1737 Existing 1st fl 173] 50 2"x 34' 8" New addition 1246 Gat e: 0 hXISI1NC TO TAI. 1737 Outbuildings! 0 Proposed New addition 42' x 29 1246 Outdoor decks: 0 . . PROPOSED TOTAL 2983 TOULI Building Are.a 2983 paved parking: 0 total lot area 14123 Proposed RUTI.DINC COVERAGE: 0.21 Proposed OPEN SPACE (lot arca. 79% minus bldg & paved parking UNPAVED PARKING 8645 . . Proposed OPEN SPACE (lot arta 18% minus bldg & UNPAVED parking Building height: 25 Map; 32-A, lot # 271 . „ /..on ins district GB parking Npac Cti prOpMed: Max. Building coverage allowed: 65% ocLupants 70 Minimum Open sew roquircd 5% 1 space for each 4 seats 17.5 FAR: 3 1 fur each 500 sti ft kitchen_ Allowable. Set backs froitt. 0 kitchen: 1246 Sid 0 required: 2.492 Rear 15 total NpalLeti retitiired 20 Max building height 55 Page 1 10 -29 96 12:19 THOMASDOUGLASARCHITECT T:4135650641 P:01 1homas Ik,upjas OCT Archileu OC 2 9 EVV1 �� fCY,SIII Sf �V W ',Lathe mirror, MA CH OW 4!,3.58) 064 i fi9 ...,....- rnrrgy F, Ificiem i Fine S Iome and {)DILL I)Lvigi1 To: 7 o N Y F Ilv • Date: (d • 2 - 6 ' RE: J Or' (45 cif" We arc sending b fax rtgular mail _ express Mail hand other the following items: no. of copies date description Erik/ y get dti el ftel re vireo/ cq /C -mil m /1 f ft; r" f3rr dye !�' .� G r dt dr'cf e �pr.•�•�� ,qr � , .� G/ s 4 to r �J v. 4't'►o („ f c�1 S 1cT orr"y pI ■ > ..i: > 75 tt 1:5 !it to ..... = 't -. rri o . , -: Z tr R "1:1 ft •■■• = n , 5 -I > = S -=-1 --i 7 Z - = - tr1 C; -- -. 1 > Zoning Miscellaneous Additions, Repairs, Alterations, etc. TeL No. Alterations NORTHAMPTON, MASS. 1 9 _ Additions ( Repair APPLICATION FOR PERMIT TO ALTER Garage 1. Location _, i ,.., , - — Lot No. ,ei A-- 2. Owner's name ;.,_, ,.. 1....)c - ,.; Address --' -- : _-_ 4 : /\„, .7....F... 4, 13., , 3. Builder's name 30V I- t-( (.= rl it— Address 3 ( ($ 4_ 1: IL IL-- I . . 1 '1 t 'y Mass. Construction Supervisor's License No. _ (-> 0. Z t I Expiration Date '4 , 1 0' c-A r--" ' / L 4 1'4 1 . ', , , - _ • 4,'" c ..- r—. , 4. Addition 4 e'7) {.„' .../ . / 1 ( •, -:.- 5. Alteration 4,4 f a 6. New Porch 7. Is existing building to be demolished? 8. Repair after the fire 9. Garage No. of cars Size ... 10. Method of heating . , • 11. Distance to lot lines .' ,,, x; ":i j 7 4 ,,i c: 1', r • / r !t i , ',•!:„ f , -,, , ;•••- - 12. Type of roof ---' ( 13. Siding house 14. Estimated cost:- t it,' Z3- ( ;k ( "%. , --k i':›7 ik' (7 / n„, ,- ',.- ,.. , • The undersigned certifies that the above statements are true to the best of his, her .7 , knowled e and belief. /- te - --. 1 ,.... . --...., Signature of responsible appicant Remarks ■■ > 'C < v _ z a rn 3 0 0 (1 , ,= -s Z X Z _ m r• - r tii O z '7 Zoning Miscellaneous Additions, Repairs, Alterations, etc. Tel. No. ' 5 / 6' Alterations %r NORTHAMPTON, MASS. 172-' 9 Additions APPLICATION FOR PERMIT TO ALTER Repair Garage 1. Location 1 .6t2% 0 Grp. 6 T - tot`` tom'~ Lot No. 2. Owner's name 1— AV O o 0 6-11 eieb Address /� 3. Builder's name ::— - k\ e - f--i 61 Address 310 Ot t Z 0 . 1 2 - tk AZ L G I r kA Mass. Construction Supervisor's License No. (5 0 t 2? l L I Expiration Date r - 10 F q 44' 4. Addition 5. Alteration /9012 N L 5A - I tie Z. al' 6A-5 .y, Air S PCZ A-A- A 6. New Porch 7. Is existing building to be demolished? 8. Repair after the fire 9. Garage No. of cars Size_ 10. Method of heating 11. Distance to lot lines 12. Type of roof 13. Siding house 14. Estimated cost:- 3 t The undersigned certifies that the above statements are true to the best of his, her knowledge and belief. 6 c _ ,_ Signature of responsible app scant Remarks 6 A..' ` 7`R1 Cr" /CI a✓ ,6771st '. ►- , Ai / tv ; . x c t.) .,,; rrtic-rz ay/. t 4-i� 144-.410, c G' Affe4vro r Cr tirvi live- 9 6, o , c f, � I Nix#[ &mp ali —*=° • DEPARTMENT OP BUILDING INSPEC:I IONS I • u 212 Main Street • Municipal Building Northampton, Mass. 01060 r' WORKER'S COMPENSATION INSURANCE AFFIDAVIT 1 , 'a, ( a E 6 O .. (li ccnser/perIIll ace) with a principal place of business/residence at: 31 O P_( v 64 _ t:-1 (Ak (phone#) �1 ' 9-33 (stye✓ Ici ty /stairJzi p) do hereby certi_iy, under the pains and penalties of perjury, Mal: ( ) 1 alp an employer providing die following woP:cr's compensation coverage for my employees working on his job: (Insurance Company) (Policy Number) (E) Daze) (.._I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following worker's compensation policies: 5 D &g (Name of Contractor) (Ins, r-anco Company/Policy Numbs) (Expiration Date) (Name of Contractor) (Insurance Company/Policy Number) (Expiration Date) (Name of Contractor) (Insurancr Company/Policy Nurnb r) (Expiration Date) (Name of Contractor) (Insa ance Company/Poticy Number) (Expiration Date) (attach additioml sleet ifneocaary to ihc}udc infonnanoa peta.inins to all ccahndon) ( ) 1 am a sole proprietor and have no one working for me. ( ) 1 am a home owner performing all the work myself. NOTE: please be aware that wbilo homeowners who employ path= to do mat coadrucxion or repair work on a dwelling of not more than throe units in which the bomex:rwncr resides oc oa the grounds appurtenant thereto are not gvoerally considered to be employm under the worker's cempenzzlioa Act (GL152.ss 1(5)), application by a homeowner fora license oc permit may evidence the Icgal ctatun of an employor under tho Worlccea Compoosatioa Act. I understand that a copy of this ctatcmeai may ba forwarded to tho Depart m r i of Indn tri el Ao ideal' Of too of Insurance for tho coverage verification and that failure to &cure covet-ago under section 25A of MOL 152 can lad to the imposiiioa of criminal penalties consisting of a fine of up to S1,500.00 toad/of imprisonment of up to one year and civil penalties in the form of a Stop Wort Order and a fin of 5100.00 a day against toe- Sign ** this `d, day of 5J4► 4 1997 For dcpan al Permit Number Map# Lot # %a, tore of LiccnsceJPermitiey: 10. Do any signs exist on the property? YES NO 1` IF YES, describe size, type and location: Are there any proposed changes to or additions of signs intended for the property? YES NO IF YES, describe size, type and location: 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This cols to be filled in by the Building Department Required Existing Proposed By Zoning Lot size Frontage Setbacks - frnnt - side L: R: L: R: - rear Building height Bldg Square footage %Open Space: (Lot area minus bldg } &paved parking) # of - Parking spaces # o f Loading Docks Fill: 4 vol-rime--& location) 13. Certification: I hereby certify that the info -tion n ined herein is true and accurate to the best of my knowl-dg•. DATE: t 1 APPLICANT's SIGNATURE NOTE: Issuanoe of a zoning permit does not relieve an - � pIioan - t's burden to oomplywlth all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Publio Works and other applioable permit granting authorities. FILE if Fi1 No.9 "74 ( ZONING PERMIT .APPLICATION (510.2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: ■..)a t'k4* e < L Address: 3( 0 p t v • _. PC. t4k0i-ePt Telephone: ( ( ) 5 41 1 - 7- 3 6.3 2. Owner of Property: 1 -. it 01 C i--.k' z A- Address: kl CilffA ` r Telephone: 5 't ( 0 -0 3. Status of Applicant: Owner // Contract Purchaser Lessee Other (explain): fit kJ -� �' -- C O ri''T J1'Z 4. Job Location: a 'rL. 13 i k. p �� = . r Parcel Id: Zoning Map# 3 4 Parcel #7, District(s): /A// ( 1�� ) TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property , T./i Ent./ r 6. Description of Proposed Use/Work/Project /Occupation: (Use additional sheets if necessary): • 7. Attached Plans: Sketch Plan Site Plan Engineered /Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special PermitNariance/Finding ever been issued for /on the site? NO DON'T KNOW X YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DONT KNOW >e YES IF YES: enter Book Page and /or Document # 9. Does the site contain a brook, body of water or wetlands? NO x DON'T 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) ! FILE 4t C N LV A,PPLICA T/ �O1V ACT PERSON lJ 4 /D 7 -- £4' ga,' /5- 2.3 6 3 PROPERTY LOCATION: l d MAP 3c) 3 PARCEL: ( ZONE 2, (AAA 'THIS SECTION FOR-OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE 7ONTNG FORM FTIT.FT) ()TTT L" FPP Paid Building Permit Filled nut � FeP Paid // T 6 —� Type of Cnnctructinn• New Cnnctriictinn Remodeling Tnterinr Additinn to FYicting Accecenry Striictnre • • • • . e •s• i,!/ Owner/Occupant Statement nr Licence # 6 Sete of Plane / Pint Plan THEOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: !!// Approved as presented/based on information presented Denied as presented: Special Permit and/or Site Plan Required under: § PLANNING BOARD ZONING BOARD Received & Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w /ZONING BOARD OF APPEALS Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval -Bd of Health Well Water Potability -Bd Health Permit from Conserva 'i • n be Signature of Building; 'ector irate NOTE: Issuanoe of a zoning permit does not relieve an upplioant's burden to oomply with all _ zoning requirements end obtain ell required permits from the Board of Health, Conservation Commission, Department of Publi■ Works and other applioable permit granting authorities. p ° °y C itCit y of Northampton REQUIRED INSPECTIONS �,� ti_ k' . 1. Footings and Walls 2—t e BUILDING DEPARTMENT 2. Structural Components in Place* 3. Complete Building* No. 574 Office of the Building Inspector Zoning Form No. 962441 Date 6/25/97 Fee$ Check # 1136 Page, 32A Parcel 271 , Zone NB Section 127 ❑ Yes ® No BUILDING PERMIT * Plumbing and Electrical Inspections required THIS CERTIFIES THAT John Lebhar before Building Inspections has permission to construct basement bathroom Inspection on Site — Foundations situated on 1 Bridge St - Del Ray Inspection of Plumbing —Rough provided that the person accepting this permit shall in every respect Inspection of Plumbing — Finish conform to the terms of the application on file in this office, and to the Gas Inspection provisions of the Statutes and the Ordinances relating to the Construction, Inspection of Wiring —Rough Maintenance and Inspection of Buildings in the City of Northampton. Any violation of any of the terms above noted is an immediate revocation Inspection of Wiring — Finish of this permit. Expires six months from date of issuance, if not started. Building Inspection —Rough Note: A certificate of occupancy will be issued by this office upon return Insulation Inspection of this card signed by the Plumbing, Wiring and Building Inspectors. Building Inspection— Finish Smoke Detectors (Fire Department) Other THIS CARD MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMISES Certificate of Occupancy _�� u AFFIDAVIT I, John J. Smith, do hereby depose and swear under oath: 1. My name is John J. Smith and I am the owner of Sport's Bar, Inc., located at 1 Bridge Street, Northampton, MA. 2. The building that houses the Sports Bar was constructed in early 1900. 3. The Sports Bar has been used as a bar and restaurant since its construction. 4. Renovations have been made to the restaurant and bar over the years, but no additional space or seating has been created. 5. There was no designated parking lot at the time of the establishment of the restaurant and bar. 6. The current parking lot, which is a dirt lot, has always been in existence as part of the total lot. 7. There has never been a determined amount of parking spaces but the dirt lot can accommodate approximately 30 vehicles. 8. The addition of a seasonal outside patio will not take away any of the space currently used to accommodate the 30 vehicles. -- 9. The outside seasonal patio is an extension of the main one story building and does not effect the parking lot which will remain as is. Signed under the pains and penalties of perjury this of May, 1991. - 1 %44 Jq n 1. COMMONWEALTH OF MASSACHUSETTS Hampshire, ss May ad , 11191 Then personally appeared before me the above -named Jo}a J. Smith and swore to the truth and accuracy of the foregoing statements to the best of his knowledge and belief before ss, /Yl .e 44_,491x et- , t ary ilic My Comm. Exp.. „jy i* OFFICIAL ABUTTER LIST 2A- 158 -001 32A 158 -015 32A 100 Pamela K. Holt Cynthia J. Morse Bruno L. Crolle 19 Hawley Street Unit 204 45 Eastern Avenue Northampton, MA 01060 Hawley Street Northampton, MA 01060 Northampton, MA 01060 1 32A 158 -002 32A 158 -016 32A 263, 32C 332 Mina M. Harrison and Edward V. Callahan, Jr. & Paul Hollander Linda L. Callahan Boston & Maine Railroad Iron Horse Park Hawley St. Bldg A Unit B 17 Hawley Street Billerica, MA 01862 Northampton, MA 01060 Northampton, MA 01060 32A 158 -003 32A 158 017,018,019 32A 096 Micala Sidore John L. Cahillane & Square Condo Estate of Anna Serio and Brookside S q Mary G. Cahillane Others Hawley Street 195 North Elm Street Frances R. Tomeo Northampton, MA 01060 Northampton, MA 01060 7 Market Street Northampton, MA 01060 32A 158 - 004,005,006,007 32A 162, 32C 342 32A 097 Patrick E. Noonan Rugg Manufacturing Company E. Paul Brown 19 Rear Hawley Street 33 Hawley Street 27 Meadow Street Northampton, MA 01060 Northampton, MA 01060 Northampton, MA 01060 32A 158 -008 32A 169 32A 156,157 Steven Siclari Edward A. Allen Joyce Lee August 15 Hawley St., Bldg C P.O. Box 27 Pine Grove Unit 15 Northampton, MA 01060 Northampton, MA 01060 Northampton, MA 01060 32A -158 -009 32A 98 -001 32A 172 Anthony Cirone Steven E. Samolewicz & August Woicekoski and Brookside Square Condo Jennifer A. Samolewicz Sylvia M. Woicekoski Hawley Street 75 Pomeroy Terrace 57 Bridge Street Northampton, MA 01060 Northampton, MA 01060 Northampton, MA 01060 32A 158 -010 32A 98 -002 32A 269 Cathy Dow Royer Timothy Saldo and United States Postal 15 -17 Hawley St. Unit 101 Denise Miner Service Northampton, MA 01060 46 Walnut Street 31 Bridge Street Northampton, MA 01060 Northampton, MA 01060 32A 158 - 011,012,013 32A 98- 003,004 32A 170, 171 Charles F. Baatz and William J. Larkin & St. John of Cantius Church Kathleen T. Baatz Katherine E. Larkin Roman Catholic Bishop 17 Hawley Street 32 Emily Lane 10 Hawley Street Northampton, MA 01060 Northampton, MA 01060 Northampton, MA 01060 32A 158 -014 32A -099 24D 330 James A. Cohen James J. Ennis Massachusetts Electric Co. 15 Hawley St., Unit 203 2 Bridge Street P.O. B'. -. 'm Northampton, MA 01060 Northampton, MA 01060 Northa pr•J010'�: 0 MI ZU1991 I lk y , ) ..1 • • -. ./ �t z ■ r . 'YU, �1AR �� MASS, OI 060 .SESSOR' S CERTIFIC ION DATE ` - ' ~ l,,P, .�-�-.�'.�-v- -�C`n `ice • Date Filed " File No • ' ZONING PERMIT APPLICATION ' Zoning Ordinance 8ebtion 10,2 • 1 , •' Name of Applicant : I� 'S j ilk -Tr) e , • , Address : / '131z i D & , 1- /Pe T '' Telephone: ,c .f 7,R, • 2 , Owner. of Property : hl) 3, /A.. Address: /37' �,./ 0 . f; Telephone; _'` - ._ ,2, 5 3 , Status of Ap o..l ,cant.: Owner: Contract Purchaser Lessee other (explain: ) • 4 , Parcel Identification: Zoning 14ap Sheet;`, -�,1 Parcel# _7/ • Zoning District (s) G,. Street Address / 132/ _77 Sf /i'F 1' • . ' 5,. Compliance with Zoning: xisting Proposed . .. • Use of Structure /Property' m -r ct,uv t1�� cLYr1 • Size of Structure (sq, ft,) 45'G(1 • "(1, ( - Building height 0 c-(;_,.='t , Building Coverage • Setbacks - front /c) I'' • ' -- ,side `E 1.-&.:_r-,_*- . . {a. - rear / /d / Sc f L ot Size ,/5 y-2 J S 'f-, . • Frontage / `a 1-'--1 • Floor Area Ratio . . % Open Space ' . Parking Spaces - , 30 cA-25 • Loading Spaces / T,c(JcX . Signs . • • Fill (volume u location) ' , •6., •'Narrati'e Description of • Proposed Work/Pro lect; (Use additional sheets if necessary) oU j 1 iofJ - p# -ri 6 6-id ' ' .-A- lc_ a .- uo e_c_ t J 4 (.7 -/) . 7. Attached Plans: Sketch Plan X. Site Plan 8, Cert I hereby certify that the 'in 'formation, contained ' herein is true and accurate to the best of my knowledge, =, /y1A:tvi i c Date: � � � ' �� Applicant's Signature; ,,- • vi .' . THIS SECTION FOR OFFICIAL USE ONLY _ Approved as presented . Denied as presented _ • Reason for Den: : 1- • 'v ; • • Signature of Building Inspector: _ D. - qr l 7- T1 • . ,r7ip . , MAY :2 0 1991 ' . , fp '"Cry The neighborhood where the premises is located services many community needs. It has various retail and commercial establishments, offices, restaurants, lumber yard, and railway tracks, as well as residential units. The Applicant suggests that the "Proposed Work" and the extension of the current use to the outside patio is not substantially more detrimental than the existing use to the neighborhood. The extended use reflects the nature and purpose of the use prevailing when the zoning by -laws took effect. The additional few tables does not change the character nor quality of the current use. The current use with its extension is not different in its effect on the neighborhood. The premises can accommodate the parking requirements for the additional seven tables. It should be noted that the patio will only be used during the summer months. ADDENDUM The Applicant, Sport's Bar Inc., d /b /a T.J's. with the permission of the landlord, Mr. John Smith, is requesting the Zoning Board of Appeals pursuant to City of Northampton Zoning Ordinance, Article IX to issue a finding that the proposed work, and the extension of the current use to an outside patio, is not substantially more detrimental than the existing non - conforming use to the neighborhood. T.J.'s is a full service restaurant located at 1 Bridge Street. It serves food and alcohol to its customers at 66 seats in the dining room and 12 seats at the bar. It is opened seven days a week to serve lunch and dinner. Its customers are mainly Northampton residents with a small percentage from outside the area. The applicant has been located at the premises since July, 1983. It leases space in a building that was constructed in early 1900 and has been used as a bar and restaurant continuously since its construction. The premises is located in Zoning District G.I. and is on a pre- existing non - conforming lot. jt '4" 7 « 11(7 ' � Q - .�3c . h 1 ^ � ! � r . Eq s � ' � ' { Y ryR_�M j v{!7 Date Fi ed Q X 99 1 Y File No. PP ICATION FOR A FINDING DEPT. = �'*. +&1 1.;,twa,,� i. n or Alteration of a Pre - Existing ' `' ' �- ..' •. ormin• Use or Structure) L. Name of Applicant: Sport's Bar, Inc. Address: 1 Bridge Street Telephone:586 -1726 • 2. Owner of Property: John J. Smith Address: 137 Bridge Street Telephone:584 -2386 3. Status of Applicant: Owner Contract Purchaser X Lessee Other (explain: ) I ' 4. Parcel Identification: Zoning Map Sheet# 32A Parcel# 271 , Zoning District(s) G.I. , Street Address 1 Bridge Street • 5. Finding is being requested under Zoning Ordinance Section crl , Page 9 -1 _ 6. Narrative Description of Proposed Work /Proiect: (Use additional sheets if necessary) To set in place a concrete patio with latt.icp fPnrP ,rte Please refer to plan. -' 0 7. State How Work/Proposal Complies with Finding Criteria: (See Applicant's Guide and use additional sheets if necessary) Refer to att ch d Add nstiim L TO [7 . ., fl MAY 2 U 1991 ` ' r' i. EV S O F v E 8. Attached Plans: X Sketch Plan Site Plan None Required 9. Abutters (See instructions. Use attached abutter's list) 10. Certification: I hereby certify that I have read the GUIDE TO APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and that the information contained herein is true and accurate to the best of my knowledge. • 1 Date: _0079' / Applicant' s Signature II eir d ,1 . , .:.y� 3/90 CITY OF NORTHAMPTON 41 %% ' �' ZONING BOARD OF APPEALS �$;,j �i� ��. NORTHAMPTON, MASSACHUSETTS 01060 l DATE: JULY 30, 1991 RE: THE REQUEST OF SPORTS BAR, INC. FOR A FINDING TO ALLOW CONSTRUCTION OF AN OUTDOOR PATIO AT THE REAR OF T. J.'S RESTAURANT AT 1 BRIDGE STREET. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date DENYING the requested Finding. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals July 1, 1991 Special Meeting Page One The Northampton Zoning Board of Appeals met at 5:00 p. m. on Monday, July 1, 1991 to conduct a special meeting to announce a decision on the application of Sports Bar, Inc. for a Finding to allow construction of a seasonal outdoor patio at the rear of T. J.'s at 1 Bridge Street. Present were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Also present were John Smith, owner of T. J.'s, his attorney, Joseph DeFazio, Atty. William O'Neil and his client. Dr. Laband moved that the minutes of the June 19, 1991 meeting be approved without reading. Mr. Weil seconded, and the motion passed unanimously. Ch. Buscher read a memorandum dated June 25th from Kathleen Fallon, the City Solicitor. Mr. Weil read a prepared statement, outlining seven points relative to the application, and concluded, "Based on all of these presumptions, it is my judgement that the requested extended use, as described, would be substantially more detrimental to the neighborhood than the existing nonconforming use. I am therefore prepared to deny the Finding." Dr. Laband commented, "Per se, the outdoor patio is not the question. It's the influence of the patio, particularly after the closing of the kitchen, how it would affect the neighborhood. The quality and character of the use, and the degree of it, would have a substantial impact on the neighborhood -- substantially more detrimental - -we should not issue the Finding." Ch. Buscher concluded, "As to whether or not §8.1 covers this set of circumstances, I agree that these people are exempt from providing additional parking. That's the good news. Then the question is, does this activity fall within the purview of Chuckran? I find it does not. This proposal is an extension of what is currently going on in the building, but a different kind of quantitative activity. If he enlarged the building, Chuckran would apply. But taking the activity outside, the affect on the neighborhood is far greater than enlarging the building. The applicant knows he has an exposure here, and wants to keep his patrons civil and thoughtful. Unfortunately, human nature and alcohol will probably be beyond his total control. Residences are nearby, and those people have to be protected. They move into a situation with the expectation that it won't get any worse. People will be out there at all hours, some loud, some creating problems. I'd vote in opposition. Mr. Weil moved that the Finding be denied. Dr. Laband seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. _% — Robert C. Buscher, Chairman Northampton Zoning Board of Appeals June 19, 1991 Meeting Page Four battle with the neighbors. We want to accommodate our customers. It doesn't make any sense for a licenseholder to disturb the neighbors. We don't want to create noise. Our landscaping will keep noise down. We can have waitstaff police the parking lot. The door airlock will cut down on noise. The license commission and police should regulate noise, not the ZBA." There being no one else wishing to be heard, Dr. Laband moved that the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Dr. Laband commented, "The ordinance is inconsistent. We should ask Kathleen Fallon for her opinion on §8.1(3)- -does it apply to the NB zone? Also, the Bridgewater case. It was agreed that the Board would hold a special meeting at 5 p. m. on Tuesday, July 2 in Council Chambers to announce a decision. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. i I Robert C. Buscher, Chairman Northampton Zoning Board of Appeals June 19, 1991 Meeting Page Three outside. Outside activity is not what I expected when I bought my condo. Sitting outside is a considerable change in use." lathy Baatz, 17 Hawley Street commented, "My husband and I own two units. There are six bedrooms on the third floor facing the parking lot. This will have a very negative effect on our life. The noise is intermittent -- people quarrel in the parking lot. People cause problems in the parking lot. a continuous problem is worse than an intermittent problem. This is a 50% increase over existing seating. It's a sports bar. T. J.'s will be pressured to have TV or radio on the patio. The existing noise is significant - -this will be worse." Paula Bretzky(sp ?), a tenant at 17 Hawley Street, in the third floor rear, said, "Our bedrooms face Jack August's and T. J.'s. T. J.'s is a very interesting place. I pay very good rent to Jack Cahillane, and I'd ask for a reduction due to increased noise. You can't compare a sports bar to Jack August's. People urinate in the parking lot. We hear the peeling of tires, arguments with the 'f' word. We keep our windows closed and use the air - conditioner to avoid the noise. The Depot doesn't bother me, nor does Jack August's, but T. J.'s does. There were four cruisers in the lot one night. I wish Mr. Smith would keep better track of his customers. I definitely don't want an outdoor porch." Joe Menzek(sp ?) commented, "I work nights to 5 a. m. T. J.'s doesn't bother me. I patronize T. J.'s, but an open patio is something we hadn't planned on when we moved in." Ch. Buscher commented to Mr. DeFazio, "I think the issues are clear." Mr. DeFazio replied, "The outside door will have an air lock to reduce noise. I take issue with my brother. 'as detrimental' isn't the phrase. 'Substantially more detrimental' is the phrase. What impact would outdoor dining have on the current noise levels of people in the parking lot? Eating outside won't increase any problems." Mr. Weil commented, "I can see a noisy arrangement from people having a pizza and ten beers." Mr. DeFazio replied, "Noise and rowdiness are matters for the police and the license commission- -not the zoning board. Every licenseholder is obliged to maintain a proper premises. The fact that people will be eating outside does not mean more noise. What we are trying to do, in and of itself, is not irresponsible." A condo resident asked, "Where will the dumpster go? Where will August's barrels of grease go ?" Mr. Smith first replied that he could move the dumpster under her window if he chose, but upon urging of the Chairman to give a more responsive answer, replied, "It will stay where it is, next to the tracks." Atty. O'Neil added, "The present use is somewhat detrimental. A 50% increase outdoorg is substantially more detrimental. You must find that this will be substantially more detrimental." Ch. Buscher asked Mr. DeFazio, "Have you given any though to enclosing the patio ?" The reply was, "No. We are using latticework and landscaping. T. J.'s doesn't want to get in a Northampton Zoning Board of Appeals June 19, 1991 Meeting Page Two for eating and drinking, not drinking only. My client contacted Capt. Wall at the Police Department, and learned that there nas never been a noise complaint. There have been no complaints to the Liquor License Commission. We want diners outside. There's another outdoor patio at The Depot that is closer to the neighbors. There's Pearl street." Mr. Well asked, "When does the kitchen close ?" Mr. Smith replied, "11 p. m. weekly, midnight on Saturday." Mr. DeFazio went on, "The purpose of this is to make T. J.'s more attractive to diners. Waitstaff will supervise the parking lot. It will be landscaped. The community will be better served." Ch. Buscher commented, "Making the leap that T. J.'s is the same as the Gala Cafe is OK, I guess, but if you add on square feet, do you cross over the line from grandfatherhood to meeting the requirement of the additional seven tables? That needs 14 more spaces." Mr. DeFazio asked, "Does the first phrase of Paragraph three of §8.1 apply to a, b, 3 and 4 ?" Dr. Laband asked, "Do you claim exemption from "a" or "b "? "No," he replied, "from #3." Mr. DeFazio went on, "Was the intent to limit it to the CB District? Item #4 says, 'municipal facilities and municipal property.' Does that mean only CB Look at (b). Why does (b) mention 'CB' particularly if the section is meant to apply to CB? I suggest that some exemptions exist, some CB and come not." Ch. Buscher asked, "Would your client accept conditions ?" "Absolutely," replied Mr. DeFazio. "We want to serve food and alcohol - -no bar, no music, no TV." The Chair asked if anyone else was present to speak in favor, and no one responded. When he asked for opponents, the following people spoke: Atty. William O'Neil, 351 Pleasant Street, representing Cynthia Morse, an owner at the Brookside condo. "Her apartment is on the Northwest corner of the building, facing the rear of T. J.'s. Some other occupants of that building oppose this extension. I point out that this open facility would be more detrimental to the neighbors than a closed facility. Ms. Morse already gets noise from the open rear door. This is a seasonal use, only when the neighbors have their windows open. They have paid considerable money for their apartments. The outdoor use is inconsistent with the residential portion of the neighborhood. T. J.'s is not The Depot. It is a sports bar. It does not attract the most quiet of people. The police were there last weekend to break up two fights. The parking lot issue I won't go into. It is not crystal clear that they can add this without providing for parking. I submit that what they propose violates one of the criteria of Bridgewater v. Chuckran. Zoning does not want situations worsened. 'Shall not be substantially more detrimental.' I submit there is too much human nature here, too many unknowns. How can you determine if it will not be more detrimental ?" Ed Callahan, 73 Hawley Street, commented, "I don't object to T. J.'s expanding, but I don't want them to expand Northampton Zoning Board of Appeals June 19, 1991 Meeting Page One The Northampton Zoning Board of Appeals met at 8:10 p. m. on Wednesday, June 19, 1991 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, to conduct a Public Hearing on the Application of Sports Bar, Inc. for a Finding under the Provisions of Section 9.3 of the Northampton Zoning Ordinance to allow construction of an uncovered, seasonal concrete patio at the rear of the building at 1 Bridge Street, which houses T. J.'s restaurant. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, a memorandum from the Northampton Planning Board, portions of Section 9.3 relating to pre- existing nonconforming structures and uses, and Section 8.1(3) of the Zoning Ordinance, which he referred to as "totally ambiguous." Atty. Joseph DeFazio was present representing the Applicant. Also present was John Smith, owner of the property and principal in the corporation Sports Bar, Inc. In response to Dr. Laband's question, he told the Board that the subject piece of property was once owned by the railroad, but now Mr. Smith owns the building and all the land, which contains some 35 -40 unstriped parking spaces, with access off Hawley Street across the Jack August Restaurant property. Mr. Smith also leases space from August's and uses it for parking after Jack August's Restaurant is closed (8:30 p. m.). Ch. Buscher asked if the patio would eliminate any parking spaces, and was told, "One." Mr. DeFazio said that, although the patio would not have a roof or walls or screening, there would be some latticework and landscaping to generally improve the appearance of the rear of the building. Mr. Weil asked, "If access is based on a verbal agreement, and if August sells the property and the next owner doesn't agree, then what ?" Mr. DeFazio replied, "Then we lose our access to the property behind the building. We don't need any parking to run T. J.'s because the building is pre - existing nonconforming and the parking regulations don't apply. The existing parking is a convenience. T. J.'s would still exist. The Gala Cafe was there long before T. J.'s. The building has been a bar and restaurant long before the zoning ordinance. We are here for a Finding, the criteria for which ar, "Is it substantially more detrimental." He cited Bridgewater v. Chuckran., a 1966 case which, he said, described the components of "substantially more detrimental" as being: 1) The extension of use reflects the prevailing use when the zoning ordinance went into effect; 2) There must be a difference in quality or character of the extension of use to make it substantially more detrimental, and that is not the case here; and 3) The current use must be different in kind in its effect on the neighborhood." He went on, "The neighborhood is retail, commercial, restaurant, lumber yard, church, railroad tracks - -what impact will outside diners have on the neighborhood? The patio will only be open as long as the kitchen is open. It is NORTHAMPTON ZONING BOARD OF APPEALS DECISION SPORTS BAR, INC. APPLICATION FOR A FINDING PAGE TWO and other problems in the parking lot, which he found would be substantially more detrimental to the neighborhood. The Finding is denied. it Robert C. cuscher, Chairman Dr. Peter Laband M. Sanford eil, Jr. I � ii P /t 2 9i9 91 ' DECISION OF ft�,�� NORTHAMPTON ZONING BOARD OF APPEALS f -, At a meeting held on July 1, 1991, the Zoning Board of Appeals of the City of Northampton voted unanimously to DENY the request of Sports Bar, Inc. for a Finding under the Provisions of Section 9.3 of the Northampton Zoning Ordinance, to allow construction of a seasonal outdoor patio at the rear of T. J.'s Restaurant at 1 Bridge Street. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The findings were as follows: 1. Section 9.3(b) of the Northampton Zoning Ordinance provides that a pre- existing nonconforming use may be changed, extended or altered providing that the Zoning Board of Appeals issues a Finding that said change, extension or alteration will not be substantially more detrimental to the neighborhood than the i existing use. 2. Mr. Weil found that the presence of up to 28 patrons on the patio, until 11:00 p. m. on weekdays and midnight on Saturdays would likely exacerbate activity in the parking lot which residential neighbors already find offensive. He felt the extension of an indoor activity to the outdoors would be substantially more detrimental to the neighborhood than the current situation. ir 3. Dr. Laband found that the quality and character of the ii expanded use, and the degree of it, would have a substantially j more detrimental impact on the neighborhood. 4. Chairman Buscher, appreciative of applicant's argument that waitpersons would be able to control patrons' activities, felt 1 that human nature and alcohol are probably beyond applicant's total control. He felt that the neighbors should be protected from the worsening of an already troublesome situational noise /o u-e? , , , A,,, .., at,„u,,,„ , ......, /6 f 1 e----- 1 I'S 7 ---------- i i , 1 i ) . .,.., .. „ .... . _....,„ : \ ......______. , S )4 ,,,..... 1 hi. _oe. L4,,z( .4., . .. i, . ,,„/ .,_ ,c,„ / N „:0_,;;;,, ,, . • .., _ • . .,. . , ,, ...... , . . �� " t T � r CITY OF NORTHAMPTON ::.v�Ji��. �c` t � 7 MASSACHUSETTS ( � ', � I { ra > " _ - I �l I �' _ 4 ° rr, City Hall } 1 1, I �' �I� / � 210 Main Street , U11,1 �1 f��ri, j! ( H4( Northampton, Massachusetts 01060 1 JAN 6 � : t "` .( � „,„ ` s'` --- ue 4 . ' OFFICE OF THE MAYOR t ' ” `' iNSP t F? i. 01 C .f 586 - 6950 ... David B. Musante, Jr. January 3, 1986 Mayor MEMO TO: Gene Bunnell, Ted Tewhill, Paul Hadsel, Peter McNulty SUBJECT: Availability of B & M Railroad Property for Parking A meeting has been scheduled for Tuesday, January 7, 1986 at 11:00 a.m. in my office to discuss the availability of B & M Railroad property adjacent to Hawley Street which could be utilized for parking. Mr. John Smith, proprietor of T.J.'s Restaurant, has indicated an interest in buying the land from the B & M Railroad and has a plan for utilization of of the property. I would like to discuss his plan with you and solicit your advice relative to the best utilization of this property from the City's perspective. Sincerely, .(-4.--1..11)- i David B. Musante, Jr. Mayor City of Northampton DBM /m -xA. s° fill „CI 5. Location of property should be indicated by street address; where the property is situated i.e. south side of South Street; and with reference to the sheet numbers and parcel numbers as designated on the assessors' tax maps. 6. Indicate the zone in which the property is located. 7. State as concisely as possible the work you propose to undertake and/or your proposed use of the property should your application be approved. 8. SITE PLAN / PLOT PLAN: The applicant is required as part of this application to submit a site /plot plan drawn AS NEAR TO SCALE as possible showing the lot boundaries, dimensions of existing and /or proposed buildings and the distances from'said buildings to said lot boundaries and all in- formation relevant to the consideration of the application. A copy of the site/plot plan should ac- company each copy of the application required to be filed. When the applicant is required under Section 10.11 of the Zoning Ordinance to file a site plan, a plot plan is not required. 9. Applicant should state sufficient reasons upon which the Board of Appeals can base a finding that the applicant has met the requirements as set forth in either the General Laws of Massachusetts or the Zoning Ordinance of the City of Northampton, Massachusetts. Applicant should review these requirements prior to completing this item. (Attach additional sheets, if necessary) 10. Notice of the public hearing is required to be mailed, postage prepaid, to all "parties in interest" as defined in Massachusetts General Laws, Chapter 40A, Se tion 11. "Parties in interest ", as used in this chapter, shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent app- licable tax List, notwithstanding that the land of any,,such owner is located in another city or town, the planning board of the city or town,, and the planning board of every abutting city or town," 11. Read and sign the application. If the applicant is a corporation,' partnership, trust or other business entity, a duly authorized officer should sign. An attorney or other duly authorized representative of the applicant may sign on behalf of the applicant. ADDITIONAL COPIES: In addition to the original application form eleven copies of the complete application are required. It is the responsibility of the applicant to provide these copies. FILING FEE: A filing fee of $75.00 for a variance, $50.00 for a special permit, plus $2.00 per abut- ter listed, is required to be paid upon the filing of the application with the Building Inspector. The applicant should be aware that if the ap,plicaJ4 is a ,ed, the Board of Appeals may, in its discretion, and in addition to any applicafe conditions specified in the zoning ordinances, impose such additional conditions as it finds Fasonably -- appropriate to safeguard the neighborhood or serve the purposes of the zoning ordin nceS Such conditions will be imposed in writing and the applicant may be further required to pose t 'fl;or'Other security for compliance with said conditions in an amount satisfactory to the Board. FOR ADDITIONAL INFORMATION, CONTACT: City of Northampton Building Inspector City of Northampton Room100.Mumcipal Office Building or Zoning Board of Appeals Office 212 Main Street Room 102, Municipal Office Building Northampton. Massachusetts 01060 212 Main Street Northampton, Massachusetts 01060 List of Abutters: Address Sheet No. earuci 1. Goggins 4 Whalen R.E. 71 King Strpat, Northampton p ag coo Patrick Goggins c/o Heritage -NIS 2 James J. Ennis 109 Main Street, Northampton 32-A 99 c/o Heritage -NIS 3. Lester Brigham 109 Main Street. Northampton 32 -A 153 4 Jessie G. Benoit 18 Park Street:, Easthampton 37 -A 154 c/o Wally's Soda Bar 5 Andrew L. Samuel, Jr. 4 Main Street, Northampton 32-A 155 _ 6 Lee August Pine Grove, Northampton 32 - 156 7 Joyce Lee August Pine Grove, Northampton 32-A 157 John L. & Mary A. g Cahillane 195 North Elm St., Northampton 32-4 158 John L. & Mary A. g Cahillane 195 North Elm St., Northampton 32 -A 159 John L. & Mary A. 10 Cahillane 195 North Elm St., Northampton 32 -A 160 Bickford, Thomas J. & Janet L. & Kalmus, 100 Gray Street 11 I. d /b /a Kalmus Bickford Assoc. Amherst. 32 -A 161 c/o Hampshire Building Materials, 12 Rugq Manufacturing Co. Inc. 33 Hawley St., Northampton 32 -A 162 c/o Hampshire Building Materials, 13 . Rugg Manufacturing Co. Inc. 33 Hawley St., Northampton 32 -A 163 Whiting, Richard C. & Trustees of Conway Realty Trust 14. Betsy M. & Richard C., Jr. 11 Brewster Court, Northampton 32 -A 270 Christenson, Lee C. & Vanasse David L. & c/o Cecil Clark LOCOCO Owen R. & Clark, Cecil I. d /b /a Rockland Heights 32 --C 165 15. Depat Assacia os Northampton Hampshire Building 16. Materic:als, Try:. 33 Hawley Street, Northampton 32-C 337 17. City of Northampton 32-C 115 c/o Hampshire Building Materials, 18. Rugg Manufac.turinc3 C'n_ Tnr_ 33 Haw1Py St_, Nnrthamptnn 37 342 19. 20. 2L 22. % t 77 23. JUN 9I98t, 24. 25. 26. 27.._.. 28. r. 29.. 30. (Attach additional sheets, if necessary) Do Not .rite"lrflheseA• ces Application Number: 0 1 rf Rec cf. h B.I. 1 •,; ed Filed Fee Pd. Rec'd. ZBA Maps) Parcel (s) \ Hy Date - t tt + Date Amt. Date By Date APPLICATI(DN'iS4 -t ,` ' MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1 Name of Applicant _ John J. Smith Address _ 17 King Street, Northampton, Massach>>. tts 2 Ov,ner of Property Boston & Maine Corp. Address _ _Iron Horse Park, North Billerica, Massachusetts 01862 3. Applicant is: Owner; XContract Purchaser; El Lessee; ❑Tenant in Possessicn. 4. Application is made for: VARIANCE from the provisions of Section 6.1 page 6 - 1 of the Zoning Ordinance of the City of Northampton. SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. OTHER: Finding by the Z.B.A. under Section 9.3-A and 9.3 -B found on Pages 9 -J and 9 -2 5. Location of Property 1 Bridge Street, Northampton , being situated on the Southerly side of Bridge Street; and shown on the Assessors' Maps, Sheet No 32C , Parcel(s) 332 6. Zone Neighborhood Business 7. Description of proposed work and /or use; the proposed sale of this property frown the Roston & M9 ne Corporation would create a new lot which would violate the present 7Cm i ng by -law Mr Smith further is asking fin build an Addition on the hark of the huild.inr- Adding additional rnld storage and hathrnoms as well as adrliti. na1 seating_ Tt wnul d he twn stt )ri Ps the serDnd floor area wrwil d he an office. 8. (a) Sketch plan attached; XJ Yes ❑ No (b) Site plan: XAttched L2 Not Required 9. Set forth reasons upon which application is based: because the topography of the land is such that no additional frontage is available the petitioner is unable to comply ... with the provisions of the Zoning By -law. 10. Abutters (see instructions; list on reverse side of form). 12. I hereby certify that information contained herein is true to the best of my knowledge. Date.___, May 30, 1986 Applicant's Signature iivA a■ • i f CITY OF NORTHAMPTON ?° 0.tp i Z 1w .„ Tax ap No.� Lot 3 J ZONING PERMIT APPLICATION „� r • O rdinance Section 10.2 - _ < i e 9 g s - i - , ; q R � erd. �� Zonis t Plan File � ner _ Boston &Maine Corporati 'Applicant C hn , J. - . th —... ,dress _ Iron Horse Park, N. Billerica, MA ddress 17 King Street, Northampton, MA iephone __ ._------- _._____. - -- --- -__. -- — Telephone 586 - 5818 is section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) ning Use Lot Front Depth Setbacks Max. BId. Min. Op. trrct Area Width Front Side Rear Cover Space Undeter- Undertex- 3' off st Existing mined 81' mined None right sice 6 11 % 20 3' off :sent Proposed 14,121 35' 342.74 None right sice 6 23 % 20 % I rk the appropriate box to indicate the use of the parcel: Ix Non - Conforming Lot and/or Structure. Specify frontage is insufficient and the sidelot set hark is_1 ess than rPCitli red_ Residential ❑Single Family Unit ❑Multi- Family ❑ Duplex ❑ Other K Business I i Individual Institutional Subdivision ❑ Regular ❑ P.U.D. ❑ Cluster ❑ Other [ Subdivision with "Approval- Not - Required " - Stamp: l Planning Board Approval: [ Zoning Board Approval (Special Permit 10.9: Variance) i , City Council (Special Exception S. 10.10) atersh Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes IX No rking Space Requirements: (Z.O. Sect. 8.1) Required 27 Proposed 55 tiding Space Requirements: (Z.O. Sect. 8.2) Required Proposed Ins: (Z.O. Art. VII) ❑ Yes Xi No vironmental Performance Standards: (Z.O. Art. XII) ❑ Yes fl No of Plan L Yes ❑ No Site Plan ® Yes ❑ No . 10.2) (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: ❑ Approval as presented: [ 1 Modifications necessary for approval: i_1 Return: (More information needed) ,_ , q k Denial: Reasons: e-6\ a c LO 2Q Gt- J' L�� 94.4 64.44.;24 0 Mb kilitb ig r ■ . ∎ u e of A p lean Date Signature of Admin. Officer Date P OP - DECISION OF ZONING BOARD OF APPEALS At a meeting held on Jul 16, 1986, the Zoning Board of Appeals g July , , g of the City of Northampton voted unanimously to,grrant the Variance request of �! John J. Smith, 17 King Street, Northampton, the purpose of creating a I' new lot which would violate the frontage requirements at proper y ocated 'TBridge Street, Northampton (NB Zone). Present and voting were Chairs o er Buscher, Kathleen M. Sheehan and Sanford Weil, Jr. The findings were as follows: R. Buscher found that the applicant owns the building, which has a long history in the City of Northampton and has been operating as the same type of business for many years and now has an opportunity to take his building situated on leased property and convert it to a long -term situation. He found that the lot is unique, as, despite the fact that it is located in a NB zone, it sits on the lot line and cannot be moved to comply with the Zoning Ordinance; that a financial hardship is involved, as the applicant has invested a great deal of money into the business and improving the property and if unable to purchase the land, would be at the Railroad's sufferance; that the requested use is not detrimental to the public good, as the property has been in existence for many years; and the requested use does not derogate from the intent of the Ordinance, as, although criteria is set for NB zoning, the Ordinance takes into cognizance the presence of pre- existing buildings. K. Sheehan concurred, adding that it is to the applicant's credit that his closest neighbor is a supporter of his request, and that a hardship is involved, as the lot could not be used for any other purpose. S. Weil also concurred, finding that all, criteria have been addressed. Robert C. Buscher, Chairman J � � Kathleen M. She Sanford JU'L ? 5 1986 s 's' 0.--,..,,,,,, QIit of Ni o tI ainpton 1N b A ja ass ac kus etta • :p7 %.�(l O CP of tl , tt$putox o it xn S Via =_ • ' 212 Main Street • Municipal Building �" = 1(rr <' Northampton, Mass. 01060 C = = 4- < we November 4, 1983 CERTIFICATE OF OCCUPANCY Page No. 32C Plot 332 Building (Name) T JAS Address 1 Bridge Street Owner John Smith Address Same Applicant Pioneer Contractors Address P.O. Box 1145, Northampton Use: 1st Bar /Restaurant Occupancy 80 2nd Occupancy 3rd Occupancy 4th Occupancy Zone District NB Required Inspections: New Building Existing Building X Elevator Electricar' 2 -' , / ..+ 0-1 ,'.. , '': - Plumbing i 4 Ifr. f , ..1._ , Fire 4.41 Buildings Other -.... ..0",,,./ - i Inspector of Buiidin. - 1 7 1ci 1 On r(o v e 7 ) /A) b 11 f t_ct -► Ytl I O ?1 c I O4 oetoIn of T ets 1 c�� rZa n 4_ I64 oc S4. ) T ioc .s Skt y o(.) v hf S� ‘ v ht if m 0Y1 () h c vY1 4F2L-� �y 6 kivc " i 0 1 , 1 € \C). v 3 L t U moth ( I) t �� ;U �1 _xhc.as Sy S 06AS \I-0A (A) 0►2 -k,n Ac €Q fns n o �' tc w c o E X V1c. j CGS -1-0 n '1-0 t.o 20 ,n to ',cc I ns Li cd -► cw) G: nci l lizt lvistkd 0 rs coyt rriv1 1,011(ch ha 1 130R0L_13 004-) avta Rkeickc 1 W 1-1-41 o � 1 f` oct T K. � . 0 L.0 i 1 k IC- 6.4 . C... w 1 ► l 1 �j 1 S ©'(1 y Ayr 4(v14 R_ EfA 1 VI � -- 1'F- mpoackey w I A& Lori mcd Sm. t7 CZfv of No1"tila111ptDlt A A 4 , 4 t�;�9 Massachusetts yt � 6 �;�,.i a _ _ ,, �� .1' Office of thY lnspcctur of >ii[Ditt € 212 Main Street • Municipal Building 1 s'= fj A<' Northampton, Mass. 01060 =-4,1-'1 `� s> V COMPLAINT SHEET How received: Telephone ( ) ER C LE Da -;: Complaint No. /(fir- - g5 Personal ) Date: 7/3/F9 Letter ( ) JU ' 3 ( Time: A.M. P.M. leTtioRTHAmproti, 9U1tpIN Telephone No. 586-3875 p� Complainant's Name: Herbert E.B. Ross III & Robert P. Ross Complainant's Address: 15 Hawley St. , Northampton, MA Complaint received by: VIOLATIONS OF: J Chapter 44 Zoning Ordinances, City of Northampton ❑ Chapter 802 As Ammended Mass. State Building Code ❑ Sanitary Code, Art.2 Complaint reported against: Name: John J. Smith Tel. 584 -4148 Address: 61 Crescent St., Northampton, MA Location of complaint: 1 Bridge St. , Northampton Map# 32C Lot# 332 Signature of Complanants: // d� /,_. -- Nature of complaint: PhP huilding at 1 Bridg St., Northampton, MA was _ voluntarily torn down and new stri1eture was erected furthering a a nonconforming use, and in violation of various use, density and dimensional, off - street parking regulations. Article IX Section 9.2 Article VIII 8 -2 Article VI 6 -4( front & side set back) Please take note of Article X Section 10 -7. Investigation: Yes ( ) No ( ) Investigated by: P INoP t, (rx of az# ttnt tmt = - * —= ;ice �t'I jt ' �I.ssachnsetts I; - W al �4- ( e . �-' '� DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street • Municipal Building =1 ` Edward J. Tewhill Northampton, Mass. 01060 .1. July 27, 1984 Herbert E.B. Ross III & Robert P. Ross 15 Hawley Street Northampton, Mass. 01060 Dear Sirs: Reference to your compalint #183 -84, dated July 3, 1984. It is our opinion that the structure located at 1 Bridge Street, is not in violation of the City Zoning Ordinance erely, 0 di al" i y d:war. J. Te Building Inspector EJT /ld • CoV V.It'%1 4 4 atiowir op.; 4.400 $ , '1** to „4. s ► � R 1.4 46h. ilk Ilk 014".".'" 60 r-- ---�i' Jik • 1 Lot% Li i'evcr 4( /40 , • • • I. ;I" • /N„., !' � W+M 2 oY No 6 wi, l Erection. • • ▪ rav- / : tTi: J Alteration ( ) Repair ( ) Plans must be filed with the Building Inspector, Repainting ( ) before a permit will be granted, Removal ( ) (1tt of tirttxntpttin, "mg. Application for a Permit to Place or Maintain a Sign or other Advertising Device (Application to be filled out in ink or typewritten) FEE.. /.0.7. PAGE. PLOT.. Northampton, Mass., / ...02 / (T 3 19 To the Building Commissioner: Application for a permit to place or maintain a sign or other advertising device, or marquee. BUSINESS NAME 1. LOCATION, STREETd No. 1 Gil ,a ( S )-- 2. Owner's name O.k ,/.� .................. . 3. Owner's address OW/ 4. Maker's name ,sue tGEL 314os 5. Maker's address 7" I.QL,.... A?• Hifirrflar �..Qnt9r 6. Erector's name 0 *%/4..) 7. Erector's address. SIGN KIND OF SIGN (Designate) 1. Sign will be (check one) illuminated non - illuminated. 2. Will sign obstruct a fire escape, window or door ?../110 Marquee 3. Lower edge will be & ft. 0 ins. above the public way. Projecting 4. Upper edge will be.... ft. . ins. above the public way. Roof Temporary V 5. Height...► ft ins. Width S ft 0 ins. Wall 6. Face areaar sq. ft. 7. Inner edge will be ins from the building or pole. Ground 8. Outer edge will .......ins. from the building or pole. Other 9. Face of building or pole is.... back from the street line. 10. Sign will project. ins beyond the street line. 11. Sign will extend "" .ft ins. above the buildinn 12. Of what material will sign be constructed? Frame. .T'`w^ M ........ Face 13. Estimate cost...114..7 The undersigned certifies that the above statements are true to e . best of his knowledge and belief. (Signature o er or Agent) NOTE: In order that this application may be accepted, the data called for a ove must be set forth CLEARLY and FULLY. CITY OF NORTHAMPTON 1 .' ;� MASSACHUSETTS ; kl%••'"� ; INSPECTOR OF BUILDINGS /� r.•, DATE October 28, 1983 SIGN PERMIT PERMIT NO. 634 PERMIT FEE $ 10.00 BUSINESS TJ'S ADDRESS 1 Bridge Street, Northampton, Mass. 01060 OWNER John Smith ADDRESS Same APPLICANT Seigel Signs ADDRESS Box 102 West Hatfield, Mass. PERMIT TO: errect a wall sign 3'6" x 5' 0 ". Made of plastic with a duraply face ESTIMATED COST $ 400.00 BUILDING DEPT. BY • Louis Hasbrouck (� From: Duane Nichols Sent: Thursday, December 17, 2009 8:47 AM To: pdkjr @comcast.net; Anthony Patillo Cc: Mary Midura; Brian Duggan; Louis Hasbrouck; bill spoleto; Ziter Saloomey Subject: RE: paradise city tavern Paul, Will you be ready for and inspection on Friday? Just want to be sure we coordinate this as we have issued a Notice of Violation and work is completed in the time frame specified. Duane Nichols Assistant Fire Chief Northampton Fire Department From: pdkjr @comcast.net [mailto:pdkjr @comcast.net] Sent: Wednesday, December 16, 2009 4:14 PM To: Anthony Patillo Cc: Mary Midura; Duane Nichols; Brian Duggan; Louis Hasbrouck; bill spoleto; Ziter Saloomey Subject: Re: paradise city tavern Hi Tony & Duane, Saloomey Construction has buttoned up the worst of the insulation and will finish the rest tomorrow. Heat appears to be holding without any problems. We have re- activated the system which includes 3 temporary heads and drops with non toxic freeze solution for the exterior overhang (one of the original dry pendents remains). The new dry pendent heads will arrive in about two weeks. The temporary heads will function properly. Thank you Paul Krause Warehouse Mech, Cont., Inc. Original Message From: "Anthony Patillo" <apatillo @northamptonma.gov> To: "bill spoleto" <bill.spoleto @gmail.com> Cc: "Mary Midura" <mmidura @northamptonma.gov >, "Duane Nichols" <dnichols @northamptonma.gov >, "Brian Duggan" <bduggan @northamptonma.gov >, pdkjr @comcast.net, "Louis Hasbrouck" <Iasbrouck @northamptonma.gov> Sent: Monday, December 14, 2009 8:52:37 AM GMT -05:00 US /Canada Eastern Subject: paradise city tavern Bill, I will be issuing a cease and desist to Paradise city Tavern today . The tavern cannot operate as night club without sprinkler system being operational and as of the incident yesterday, you know it is not. The system has to be repaied and made operational and a letter from Warehouse Mechanical that system is to code. Looking back thru e-mail from Dec 2 and earlier Paradise City has failed to comply with instructions from Warhehouse to insulate and call fro inspection from Warehouse. Until this is done nightclub must remain closed. Tony Anthony Patillo 1 THOMAS DOUGLAS Architects Inc 136 West Street Northampton, MA 01060 phone: 413.585.0641 fax: 582.9882 To: Tony Patillo Delivery: Fax: Phone: From: Tom Douglas Date: 9/27/10 Re: Paradise Tavern Pages: 1 floor plan Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ As Requested Paradise Tavern Review Proposed use: SEP 2 2010 Change from A2r to A2nc ■ Proposed occupancy First floor change from 90 to 180 (not including employees) Calculation for occupancy: 890 square feet divided by 5 net square feet per occupant (standing room, Assembly) = 178 people + 2 DJ performers = 180 Basement occupancy: No change from 49 people First floor Egress width required: .15" for 178 people = 26.7" Minimum egress width for A2r use: 36" Minimum egress width recommended by 780CMR for A2nc use: 72" Existing toilets: 2 women (1 basement, 1 first floor) , 1 men (first floor) Proposed changes: Install new sprinkler system Examine width of egress components Plan locations for additional toilets Nightclubs: 1/30 women = & 1/50 men 180 + 49 =229 occupants =115 women = 4 women 2.3 men Tom Douglas Thomas Douglas Architects 136 West St. Northampton, MA 01060 douglas @tdouglasarchitects.com Commonwealth of Massachusetts .<#9-70;74'4',. s �r „..s....--..s„,,, „..s....--..s„,,, City of Northampton - . �r� _ y, a DEPARTMENT OF BUILDING INSPECTIONS S � x i . 212 Main Street • Municipal Building `1A, O ra Northampton, MA 01060 4...fr/M.4. Claudio Geurra One Bridge Street Inc. d /b /a Paradise City Tavern 82 Industrial Drive, Unit 3 Northampton, MA 01060 December 9, 2010 32A -271 Dear Mr. Guerra, Thank you for meeting with me yesterday, and thank you for the constructive discussion about Paradise City Tavern. As we agreed, I expect you to submit a permit application to change the use of the tavern from restaurant to nightclub by December 18, 2010. Please include plans, prepared by a registered design professional, for all floors of the building and occupant load calculations for both restaurant and nightclub use. If I do not receive a complete permit application by December 18th, I will use the existing occupant load numbers for your annual inspection certificate. Also, as we agreed, all toilets, including the toilet room in the basement level, must be available for use by patrons at all times, without restriction. I will gladly answer any questions you or your architect may have while preparing the permit application. Feel free to call if you have any questions. My telephone number is 587 -1240. Thank you for your cooperation in this matter. Louis Hasbrouck Building Commissioner City of Northampton Iasbrouck c(� city.northampton.ma.us -� City of Northampton TH,M .4,-, , `� y S '� +»... ' ' Massachusetts ,.. -- ` {' DEPARTMENT OF BUILDING INSPECTIONS ' 212 Main Street • Municipal Building ss � i -`? Northampton, MA 01060 413 -587 -1240 Building Commissioner July 2, 2009 Mary L. Midura Executive Secretary City Council and License Commission RE: Hearing for Paradise City Tavern Extension of Premise Application Dear Mary, approve putting their application for extension of premise for review at the July 22 meeting of the License Commission. I am receiving input from various departments, fire police, building on the impact this will have. I intend on being present at that hearing and based on information I receive in interim will make a decision as to whether I oppose or support the issuance by License Commission. Thank you. Sincerely Anthony Patillo Building Commissioner City of Northampton City of Northampton Massachusetts i 5 , DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street • Municipal Building e Northampton, MA 01060 Building 413 -587 -1240 Commissioner July 22, 2009 License Commissioners I have reviewed the information requested of Paradise City Taverns in regards to their request for extension of premise liquor license. I respectfully ask that the license not be granted. The use of a tent for events which could be every weekend is not a temporary use. The tent becomes an extension /addition to the main building. The effect on quality of life issues would be, in my opinion, extremely detrimental to the neighborhood. The noise of patrons, parking, crowd control, loud music and the consumption of alcohol by patrons of these "events" in an unsecured parking lot is not a good formula. The safety issues arise from the fact that this becomes a change of use from restaurant to an entertainment venue closely resembling a nightclub. The Paradise City Tavern is presently under a cease and desist order that states until such time that the building is fully sprinklered there can be no live music, dancing which are activities that are being promoted for the tent. Thank You Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: Police Chief, Fire Chief 1 City of Northampton Massachusetts • DEPARTMENT OF BUILDING INSPECTIONS Main Street • Municipal Building ti n Northampton, MA 01060 413 -587 -1240 Building Commissioner June 23, 2009 CEASE AND DESIST Claudio Geurra One Bridge Street d /b /a PARADISE City Tavern 82 Industrial Drive, Unit 3 Northampton, MA 01060 Mr. Geurra, You are ordered to cease and desist the DJ operations and dance floor that you have operated at One Bridge Street, Paradise City Tavern. The use of a dance floor and DJ has changed the use group from a restaurant to that of a nightclub. This change requires that a sprinkler system be installed in all areas as per 780CMR 7 edition; 903.2.1.2.1 Group A -2nc. An automatic sprinkler system shall be provided throughout buildings having a Group A -2nc occupancy where the occupant load is 50 or greater. Failure on your part to stop these activities will result in fines and or court action pursuant to MGL c.148 and 780CMR. Please contact this office upon receipt of this letter. Inspections will be made to insure your compliance to 780 CMR. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: License Commission, Police Chief R. Sienkiewicz, Fire Chief B. Duggan, Mayors Office City of Northampton Massachusetts %+ DEPARTMENT OF BUILDING INSPECTIONS � -\ �s 212 Main Street • Municipal Building f r�; e'? iy Northampton, MA 01060 413 -587 -1240 Building Commissioner July 21, 2009 Attorney Joe Defazio Paradise City Tavern Request for Extension of Premise Liquor License Joe, I received from you a reply to questions that the city has regarding Paradise City Tavern request for an extension of premise license. As the replies may be used as condition of the request, I would like the owner's response in writing on a letter head from Paradise City with the signature of person having authority (the owner). There needs to be some clarity on the responses. The questions that need clarification are the following; 1. Question "is the tent to be onsite all summer or only during an event? Your response... "Tents will go up on the event by event basis we have no intention of leaving one up all season ". Clarify what " leaving one up all season" means in your estimation. 2. What are your normal business hours, as you have stated you would like to use main building's bathrooms if event is occurring when Paradise City is closed? 3. Provide a clear statement that bathroom facilities will be provided outside of main building for tent events. 4. Clarify if whether these events are by invitation only or open to general public. 5. Provide a site plan showing proposed location where tent will be erected, and where bathrooms will be located. 6. Who will be electrician responsible for securing temporary wiring permits? 7. What do you anticipate as the number of times the tent will be used for these events? 8. Are you intending to have a temporary stage and lighting? You may email response on letter head without signature but at hearing we will want a hard copy with signature. Thanks Anthony Patillo Building Commissioner City of Northampton CC: Chief of Police, Fire Chief, License Commission the project. I hope this all works for you. Best, Bill Collins William Collins General Manager of Operations Spoleto Restaurant Group www.spoletorestaurants.cotn 2 Louis Hasbrouck From: Anthony Patillo Sent: Tuesday, October 13, 2009 9:43 AM To: William Collins Cc: Tom Douglas (douglas @tdouglasarchitects.com); Brian Duggan (Brian Duggan); Duane Nichols (dnichols @city.northampton.ma.us); Mary Midura Subject: FW: paradise city tavern William, Attached is e-mail I received from Warehouse Mechanical last week the day of your liquor license commission meeting. We will be conducting inspections within next two weeks for renewal of your liquor license, as per the Acts of 304. When Paradise City Tavern converted to nightclub use you were required to sprinkler entire building. The system was to be complete. The e -mail from Warehouse Mechanical , who must supply advadavit for system has not supplied this to us. We understood at time of installation that there were parts backordered and with warm summer weather this was not a problem. The weather is now an issue and this must be addressed ASAP. Failure to have this complete before end of this month will result in the loss of your A -2nc nightclub status and occupancy would have to be reduced to previous use. The bathroom issue has not been resolved nor any applications submitted to CB Commission for approval, please contact me this week before I have to take further action on this issue as well. Anthony Patillo Building Commissioner City of Northampton Duane & Tony, At this time I can't complete the final affidavit for the sprinkler system at Paradise City Tavern. As of today they have failed to install the insulation at building roof to protect the pipes from freezing. Also they haven't made arrangements with Warehouse Mechanical to install the dry heads in the exterior overhang. Paul D. Krause Jr. Warehouse Mechanical, Contractors, Inc. 413- 536 -9222 From: William Collins fmailto :bill.spoleto(@gmail.coml Sent: Friday, August 28, 2009 1:50 PM To: Anthony Patillo; joe defazio; Tom Douglas Subject: paradise city tavern Dear Tony, I am writing to let you know that we are working closely with Gerry Shattuck to get the Door in the rear of the space aswell as the bathrooms finished asap. Gerry has informed me that his start date on the door will be September 7th and it should not take him long to complete. He is also working on a quote for our bathrooms. I will keep you in the loop on the start date of the bathrooms as well as any other scheduling updates throughout i Louis Hasbrouck From: Tom Douglas [ douglas @tdouglasarchitects.com] Sent: Friday, April 17, 2009 1:23 PM To: Anthony Patillo Cc: Claudio and Maria Guerra/Kozio; Bill Collins Subject: Paradise Tavern To Claudio Guerra RE Paradise Tavern Claudio I just met with Tony Patillo, the Northampton Building inspector to review the change of use from A2r to A2nc. I gave him my new sketch for a proposed maximum occupancy of 180 for the first floor. He stated the maximum allowable occupancy for Paradise Tavern, including employees and the basement space may not exceed 120 people. This number is based on fixture counts for the existing bathrooms and the existing exit door sizes. He said this number will stay fixed until the changes you are proposing are complete and a final inspection is conducted. Proposed changes are: Sprinklers Bathrooms Width of egress doors He also added that he will be performing un announced spot checks to count the number of occupants. In the next two weeks, we should meet to review what your maximum occupancy could be once the proposed changes are completed. Tony indicated that the maximum occupancy will be affected by: 1. The number of tables and chairs that you are willing to remove to create standing room space. He is concern is this: If the maximum occupancy is based on all of the public space being called "standing room ", and there was still furniture in the space, the furniture might block the egresses. 2. The final bathroom fixture count and the locations of bathrooms. 3. The modifications we can make to the egress door next to the bar. I hope this is agreeable to you. Tom Douglas Thomas Douglas Architects Inc. 136 West Street Northampton, Massachusetts 01060 phone (413) 585 -0641 fax (413) 582 -9882 http://www.tdouglasarchitects.com/ 1 Tom Douglas Thomas Douglas Architects Inc. 136 West Street Northampton, Massachusetts 01060 phone (413) 585 -0641 fax (413) 582 -9882 htto:/ /www.tdouglasarchitects.com / From: Anthony Patillo <apatillo a(a�northamptonma.gov> Date: Tue, 22 Sep 2009 13:36:39 -0400 To: William Collins <bill.sooleto@gmail.com> Cc: < douglas Atdouglasarchitects.com> Conversation: paradise city tavern Subject: RE: paradise city tavern So whats the status? Long time no hear. From: William Collins [mailto:bill.spoleto@gmail.coml Sent: Friday, August 28, 2009 1:50 PM To: Anthony Patillo; joe defazio; Tom Douglas Subject: paradise city tavern Dear Tony, I am writing to let you know that we are working closely with Gerry Shattuck to get the Door in the rear of the space aswell as the bathrooms finished asap. Gerry has informed me that his start date on the door will be September 7th and it should not take him long to complete. He is also working on a quote for our bathrooms. I will keep you in the loop on the start date of the bathrooms as well as any other scheduling updates throughout the project. I hope this all works for you. Best, Bill Collins William Collins General Manager of Operations Spoleto Restaurant Group www.spoletorestaurants.com < http : / /www.spoletorestaurants.com> 2 Louis Hasbrouck From: Tom Douglas [ douglas @tdouglasarchitects.com] Sent: Wednesday, September 23, 2009 1:13 PM To: Anthony Patillo Cc: Bill Collins; Claudio and Maria Guerra /Kozio; Joe DeFazio Subject: Re: paradise city tavern Hi Tony, I was not aware of that issue. I will speak to Claudio about it. Tom Tom Douglas Thomas Douglas Architects Inc. 136 West Street Northampton, Massachusetts 01060 phone (413) 585 -0641 fax (413) 582 -9882 http://www.tdouglasarchitects.com/ From: Anthony Patillo <apatillo(a�northamptonma.gov> Date: Wed, 23 Sep 2009 08:40:57 -0400 To: Tom Douglas < douglas©tdouglasarchitects.com> Cc: Joe DeFazio <ioedefazio(acomcast.net >, Claudio and Maria Guerra /Kozio <mariakozio(alaol.com >, Bill Collins <bill.spoleto@agmail.com >, Duane Nichols <dnichols@ northamptonma.gov >, Brian Duggan <bduggan(a>northamptonma.gov> Conversation: paradise city tavern Subject: RE: paradise city tavern Thanks Tom, On another issue as cold weather is setting inwe approved sprinkler system and they needed to put dry system in certain locations and insulate. This has not been done and with freezing weather not far off the system will not be compliant. When will this be done? Would hate to pull occupancy permit because of sprinkler issues. Tony From: Tom Douglas [mailto: douglas (atdouglasarchitects.coml Sent: Tuesday, September 22, 2009 3:36 PM To: Anthony Patillo Cc: Joe DeFazio; Claudio and Maria Guerra /Kozio; Bill Collins Subject: Re: paradise city tavern Hi Tony, Thanks for checking in with me. I presented 2 alternate plans to Claudio showing new bathrooms either inside the existing building or outside of the building. He has elected to go with the exterior location. We are working on plans now for that location- a new structure attached to the rear of the building, accessible from the exterior or interior. From the exterior the access would be at grade, or up a very small ramp. From the building interior, you would need to go down a few steps. I measured the existing bathrooms at the Tavern, and they are built to almost 100% AAB standards. We can provide a few small teaks, and they would be considered compliant. I will work on the plans, and submit them for a zoning review. I am sure we will need a Central Business architecture review, and I am not sure whether the Planning Board will want to look at parking. We will submit the zoning application sometime in the next few weeks. Thanks, Tom 1 Louis Hasbrouck From: Tom Douglas [douglas @tdouglasarchitects.com] Sent: Friday, August 07, 2009 12:55 PM To: Anthony Patillo; Bill Collins; Joe DeFazio; Claudio and Maria Guerra /Kozio Subject: Re: Tavern Bill, Claudio, Joe, Please revise the occupancy number I stated earlier today. The approved occupancy for the first floor and basement of the Paradise Tavern is 192 total occupants. Sorry for the confusion. Tom Tom Douglas Thomas Douglas Architects Inc. 136 West Street Northampton, Massachusetts 01060 phone (413) 585 -0641 fax (413) 582 -9882 http : / /www.tdouglasarchitects.com/ From: Anthony Patillo <apatillo @northamptonma.gov> Date: Fri, 7 Aug 2009 11:18:09 -0400 To: Tom Douglas < douglas @tdouglasarchitects.com >, Bill Collins <bill.spoleto @gmail.com >, Joe DeFazio <ioedefazio @comcast.net >, Claudio and Maria Guerra /Kozio <mariakozio @aol.com> Conversation: Tavern Subject: RE: Tavern Torn, Please correct, 192 total. Tony From: Tom Douglas [mailto: douglas (atdouglasarchitects.coml Sent: Friday, August 07, 2009 10:17 AM To: Bill Collins; Joe DeFazio; Claudio and Maria Guerra /Kozio • Cc: Anthony Patillo Subject: Tavern Bill, Claudio, Joe, Just got a call from Tony Patillo. He said if you get all sign -offs on sprinkler system today, then he will allow 192 occupants 1st floor + 30 in basement. He said he will monitor progress on bathrooms and new exit door on a week to week basis. He will temporarily approve the occupancy listed above on a week to week basis if progress is being made on the outstanding issues. Tom Douglas Thomas Douglas Architects Inc. 136 West Street Northampton, Massachusetts 01060 phone (413) 585 -0641 fax (413) 582 -9882 http://www.tdouglasarchitects.com/ 1 City of Northampton Massachusett } D EPARTMENT OF BUILDING INSPECTIONS ' 212 Main Street • Municipal Building Northampton, MA 01060 ..1g INSPECTOR Louis Hasbrouck Phone: (413) 587 -1239 Chuck Miller Building Commissioner Fax: (413) 587 -1272 Assistant Commissioner FAX THIS TO: 413 - 587 -1272 REQUEST FOR PERMISSION TO VIEW RECORDS OR HAVE COPIES OF DOCUMENTS MADE *PLEASE KEEP THESE DOCUMENTS IN CHRONOLOGICAL ORDER* 11 DATE: ll / 2 / /' MAP: BLOCK: FILE ADDRESS: l /D/f ( /a P` Y NAME: 1)4 v t 4 ReiD ADDRESS: ' flJ , Fo.Q �- PHONE #: 53? 7"5 Ptaxi, cab) UNDER MASS GENERAL LAWS WE HAVE THE RIGHT TO MEET THE ABOVE REQUEST WITHIN TEN (10) DAYS OF THE ABOVE LISTED DATE. Louis Hasbrouck From: david reid [drnewstiger ©gmail.com] Sent: Tuesday, November 23, 2010 12:23 PM To: Louis Hasbrouck Subject: Paradise City Tavern Hey Louis, Before the holidays, I want to get into your office and take another look at the PCT file. Anything new in there since we last talked. Am getting ready to write that story finally. Anything new on the occupancy limit for the nightclub? Thanks, Dave Reid Northampton Media 1 Permit Listing Report Date Range: Submitted between 07/01/2010 And 09/30/2010 by Permit Type Printed On: Wed Oct 13, 2010 SQL Statement: ([Type of Permit]= "Wbuilding ") Permit Type ( WBUILDING) TOTALS: ESTIMATED COST: $1,828,443.00 NUMBER OF PERMITS: 37 FEES INVOICED: $10,449.60 FEES PAID: $10,449.60 BALANCE: $.00 GRAND TOTALS: ESTIMATED COST: $1,828,443.00 NUMBER OF PERMITS: 37 FEES INVOICED: $10,449.60 FEES PAID: $10,449.60 BALANCE: $.00 GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 90 UtSci NC Elks' S , e) rA'\ 0 --- J .2. ice ® 1/ 16 9 ice NaD 0 is `•t 2, cp 4 T rs '1"-/F DEL �T '«() f6 P2. Doc PP 1 x wk( r1 1-) k/3 (; X VAC Ni v„ 114 ri) I I ( ) 13 a 1rt,2 . ; 2.9 / s 3 ° 6 t - ;a0 . Commonwealth of Massachusetts k „ City of Northampton 7 DEPARTMENT OF BUILDING INSPECTIONS. �¢ 212 Main Street • Municipal Building b° Northampton, MA 01060 sv °` j 4fib Claudio Geurra One Bridge Street Inc. d /b /a Paradise City Tavern 82 Industrial Drive, Unit 3 Northampton, MA 01060 November 23, 2010 32A -271 Dear Mr. Guerra, I have been reviewing our files in an attempt to determine the allowable occupant load of Paradise City Tavern at 1 Bridge Street. I have determined that we never issued a permit for change of use from a restaurant to a nightclub. In accordance with the Massachusetts State Building Code 780 CMR chapter 1, section 110.1, a permit is required for any change of use. We had expected that you would submit a building permit application to add restrooms as shown in the drawings submitted by Thomas Douglas in August and October of 2009. We would have addressed the change of use from restaurant to nightclub when we reviewed the permit application. Please submit a permit application for a change of use from a restaurant to a nightclub. I cannot allow you to continue as a nightclub until I have approved that permit. I have included a copy of the application. Please include a floor plan showing the use areas, means of egress, square footage of the building and proposed occupant load. I have also included an excerpt from the building code showing the relevant code requirements. Please contact me before December 8, 2010 or I will need to take further action. Feel free to call if you have any questions. My telephone number is 587 -1240. Thank you for your cooperation in this matter. Louis Hasbrouck - Building Commissioner City of Northampton Hasbrouck ©city. northampton. ma. us