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38C-020 375 South Street-car dealership-ZBA Finding-2013Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0008Date: January 17, 2013 APPLICATION TYPE:SUBMISSION DATE: Commercial Finding10/12/2012 Applicant's Name:Owner's Name: NAME: NAME: DUPREY NICHOLAS & BETTY LDUPREY NICHOLAS & BETTY L ADDRESS:ADDRESS: PO Box 904PO Box 904 TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: EASTHAMPTONMA01027EASTHAMPTONMA01027 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 527-5401 () (413) 527-5401 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 375 SOUTH ST URB(100)/WP(6)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPTON MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 38C020001 Chpt. 350- 9.3: Pre-existing Nonconforming TOWN:STATE:ZIP CODE: Structures or Uses May be Changed, Book:Page: Extended or Altered. 10890117 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Change use to two spaces, one for office and one for used car sales only, no service. HARDSHIP: CONDITION OF APPROVAL: 1)The 75’ x 5’ buffer to the house at 361 South Street shall be maintained with the 14 Arborvitae already planted. 2).All curb openings except for the two 24’ wide cuts shown on the plan and a third 10’ wide curb cut in front of the overhead door on the office end of the building shall be closed. Except for these 3 openings allowed to remain, curbing for the residual length of the entire frontage shall be installed in accordance with Department of Public Works standards. 3). All but 3 existing pole lights that are located in the center island of the site shall be removed. Prior to replacing bulbs in these pole lights, approval is required by the building commissioner and the applicant must show that the lowest wattage bulbs available for the fixture are being installed. 4). There shall be no light spillover off property. 5). One ground sign is allowed to remain. The second shall be removed. One wall sign is allowed. 6). The lighting for the ground sign shall be turned off at 8 PM. 7). The Floodlights attached to the ground sign at the street and the set attached to the southeast corner of the building shall be removed. 8).The entire frontage of the parcel, except for the area needed for the 3 defined driveway entrances shall contain a planting strip of 5’ wide that is grassed or otherwise covered with natural materials and contain shade trees. 9). A total of 9 shade trees of 2.5” caliper upon planting shall be planted west side of the westerly curb cut and a total of 4 shade trees of east of the westerly curb cut. Two of these trees shall be located in a 5’ x 30’ long landscaped area between the 10’ wide curb cut and the easterly most 24’ wide cut. 10). Curb stops/bumpers or solid curbing shall separate the buffer along the sidewalk from the parking spaces along South Street. Similar curb stops shall be utilized to demarcate the entire landscape island to be created in the center of the site. 11). The landscaped island in the center of the site shall be grassed or covered with natural materials GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0008Date: January 17, 2013 and include 5 shade trees of 2.5” caliper upon planting. 12). No banners or streamers are allowed to be hung on the site. Further, the applicant shall comply with all other aspects of the zoning ordinance as it relates to signs. FINDINGS: The Zoning Board granted the Finding based on the materials and graphics submitted with the application. The Findings of the Board under Section 9.3 for a change in use on the pre-existing non-conforming lot with a non-conforming use were as follows: 1. The Board found that the change would not be substantially more detrimental to the neighborhood than the existing nonconforming uses approved for the lot. The changes proposed and approved: 5,250 square feet of used car dealership that will not include any auto service or repair with 7,530 square feet for office space. Many of the non-conforming aspects of the site would come closer to meeting the zoning standards through changes shown on the application and as conditioned herein including removal of ground signs and non- conforming flood lamps as well as landscaping. 2. The Board found that the structure would not extend any closer to any front, side, or rear property boundary than the current zoning allows. 3. The Board also determined that the new construction would not create any new violation of other zoning provisions. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 11/13/201212/8/20121/24/2013 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 12/1/201212/16/20121/10/20131/24/20132/6/2013 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 11/29/201212/13/20121/10/20131/17/2013 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 12/6/20125:30 PM1/24/20131/20/2013 MEMBERS PRESENT:VOTE: Elizabeth Silvervotes tono action needed Malcolm B.E. Smithvotes toGrant David Bloombergvotes toGrant Sara Northrupvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Sara NorthrupMalcolm B.E. Smith3-0Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ 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. GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc.