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31B-038 (2) Bk: 11121 Pg: 316 Zoning Board of Appeals - Decision City of Northampton Hearing No.: ZBA -2013 -0007 Date: October 26, 2012 MINUTES OF MEETING: Available In the Office of Planning & Development. 1, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above. I certify that a copy of this decision has been mailed to the Owner and Applicant NOTICE OF APPEAL An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as amended, within (20) days (30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of filing Is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. OCT • 26 2012 1 L. I t November 16, 2012 I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above Decision of the NorthamptonZoning Board of Appeals was filed in the Office of the City Clerk on October 26, 2012, that twenty days have elapsed s ce such filing and that no appeal has been filed in this matter. C � /��2//�� Attest: wy(k. City Clerk (Q �--'' City of Nort ampton GeoTMSO2012 Des Lauriers Municipal Solutions, Inc. Alit ATTEBT : HAMP8 , . , ..4c.. REGISTER PATRICIA A. PLAM Bk: 11121 Pg: 315 Zoning Board of Appeals - Decision City of Northampton Hearing No.: ZBA- 2013 -0007 Date: October 26, 2012 APPUCATION TYPE SUBMISSION DATE: Special Permit I 9/25/2012 I Applicant's Name: Owner's Name: NAME: • NAME: CAROLYN A PARKER CONSULTING VSH REALTY INC C/O CUMBERLAND FARMS ADDRESS: ADDRESS: 3 LORION AVE 100 CROSSING BLVD N N�II ' TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: 111111 WORCESTER • MA E 016 FRAMINGHAM MA 1 01702 1 1 1 PHONE NO.: . FAX NO.: PHONE NO.: FAX NO.: Bk: 11121 Pg: 315 Page: 1 o1 2 • 1508) 853 - 1167 • • • Recorded: 11/19/2012 09:08 AM 'EMAIL ADDRESS: • . •, EMAIL ADDRESS: . • Site Information:. Surveyor's Name: • STREET NO.: SITE ZONING: COMPANY NAME: • 138 KING ST HB(100)/ • TOWN: • ACTION TAKEN: ADDRESS: NORTHAMPTON MA 01060 Grant MAP: I BLOCK: LOT: I MAP DATE: SECTION OF BYLAW: • 310 038 001 Chpt 350- 7.2: General Sign Regulation TOWN: STATE: I ZIP CODE Book: rage: 1760 1337 PHONE NO.: FAX NO.: • EMAIL ADDRESS: NATURE OF PROPOSED WORK: REMOVE PRICE SIGN FROM POLE d INSTALL LED PRICE ON CANOPY HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The Zoning Board granted the special penult for the additional canopy signs based upon the plans submitted with the application. This includes removal of the existing price and advertising sign on site. In making Its decision, the ZBA found: (1) Signs are located only where they are otherwise permitted in the district; and (2) The Board of Appeals determined that the architecture of the building, the location of the building or the land or nature of the use being made of the building or land is such that additional signs or signs of a larger size would not detract from the character of the neighborhood and should be permitted in the public interest The applicant indicated that the sign lights would dim at night and that the price sign would be static and not flashing. No other advertising of products would be on the sign. (3) The Board of Appeals specifies In the permit the exact sign permitted, the size and location of the sign or signs, and, If applicable, imposes other restrictions. Any change in said signs requires a new or revised special permit unless the special permit specifies what types of changes are allowed. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 9/25/2012 10120/2012 11/1/2012 REFERRALS IN DATE: — HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 10/13/2012 11/29/2012 10/25/2012 11/8/2012 11/15/2012 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 10/11/2012 10/25/2012 10/25/2012 10/26/2012 SECOND ADVERTISING DATE HEARING TIME: VOTING DEADUNE: DECISION DEADLINE: 10/18/2012 6 :00 PM 1/23/2013 2/27/2013 MEMBERS PRESENT: VOTE: Malcolm B.E. Smith votes to Grant Sara Northrup votes to Grant Bob Riddle votes to Grant MOTION MADE BY: SECONDED BY: IVOTE COUNT: DECISION: Sara Northrup l Bob Riddle I 3 Approved GeoTMS®2012 Des Lauriers Municipal Solutions, Inc. File # BP- 2013 -0313 APPLICANT /CONTACT PERSON CAROLYN A PARKER CONSULTING ADDRESS /PHONE 3 LORION AVE WORCESTER (508) 853 -1167 PROPERTY LOCATION 138 KING ST - CUMBERLAND FARMS MAP 31B PARCEL 038 001 ZONE HB(100)/ THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out 79Lti Fee Paid TT Tvpeof Construction: REMOVE PRICE SIGN FROM POLE & INSTALL LED PRICE ON CANOPY New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/ Statement or License 3 sets of Plans / Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRESENTED: ✓ Approved Additional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND /OR Special Permit With Site Plan Major Project: Site Plan AND /OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Demolition Delay /42 l9 ' 1a. Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health, Conservation Commission, Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning & Development for more information. City of Northampton Map 31B Lot038 Zone HB(100)/ Massachusetts Date issued 11/19/2012 0:00:00 Inspector of Buildings Permit # BP- 2013 -0313 Permit Fee$30.00 SIGN PERMIT Business CUMBERLAND FARMS Address 138 KING ST - CUMBERLAND FARMS Applicant InstallerCAROLYN A PARKER CONSULTING Applicant Installer Address 3 LORION AVE Work Description REMOVE PRICE SIGN FROM POLE & INSTALL LED PRICE ON CANOPY, Estimated Cost $1500.00 Building Department Approval by: File # BP- 2013 -0314 APPLICANT /CONTACT PERSON CAROLYN A PARKER CONSULTING ADDRESS/PHONE 3 LORION AVE WORCESTER (508) 853 -1167 PROPERTY LOCATION 138 KING ST - CUMBERLAND FARMS MAP 31B PARCEL 038 001 ZONE HB(100)/ THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out y zfr 11 3 O Fee Paid Tvpeof Construction: REMOVE PRICE SIGN FROM POLE & INSTALL LED PRICE ON CANOPY New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/ Statement or License 3 sets of Plans / Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INF RMATION PRESENTED: Approved Additional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER:§ Intermediate Project: Site Plan AND /OR Special Permit With Site Plan Major Project: Site Plan AND /OR Special Permit With Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management Demolition Delay 1( 7/7 Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health, Conservation Commission, Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact Office of Planning & Development for more information. City of Northampton Map 31B Lot038 Zone HB(100)/ Massachusetts Date issued 11/19/2012 0:00:00 Inspector of Buildings Permit # BP- 2013 -0314 Permit Fee$30.00 SIGN PERMIT Business CUMBERLAND FARMS Address 138 KING ST - CUMBERLAND FARMS Applicant InstallerCAROLYN A PARKER CONSULTING Applicant Installer Address 3 LORION AVE Work Description REMOVE PRICE SIGN FROM POLE & INSTALL LED PRICE ON CANOPY Estimated Cost $1500.00 Building Department Approval by: