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18D-027 Sign Special Permit ZBA 3-12-2013Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0013Date: March 12, 2013 APPLICATION TYPE:SUBMISSION DATE: Special Permit1/25/2013 Applicant's Name:Owner's Name: NAME: NAME: SAXTON SIGN CORPDGA REALTY LLC C/O DANA AUTOMOTIVE ADDRESS:ADDRESS: 1320 Route 9Dana Goodfield 1263 Bardwell Ferry Rd TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: CastletonNY12033CONWAYMA01341 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (518) 732-7704 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 968 BRIDGE RD HB(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPTON MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 18D027001 Chpt. 350- 7.2: General Sign Regulation TOWN:STATE:ZIP CODE: Book:Page: 2984214 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: Request for second ground sign, taller than allowed (35') and larger than allowed (100 sf). HARDSHIP: CONDITION OF APPROVAL: 1)Ground sign shall not be taller than 15'. 2). The sign lights shall be turned on no earlier than 8 AM and turned off no later than 9 PM. FINDINGS: The Zoning Board granted two of the three applicable special permit requests for the ground sign:.the special permit for an additional ground sign (along the King Street frontage) and for a sign bigger than 100 square feet based upon the information submitted with the application. The special permit for taller than 15' was not granted. 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. Because this is a corner lot and has two frontages the main sign will face King Street and the existing sign on Bridge Road would remain as a secondary sign. The Board granted 102 square foot area for the sign face based on the fact that the applicant would be reusing an existing sign. The Board could not make a determination that the building or land or nature of the use being made of the building or land would warrant a taller sign than 15'. The Board heard that the site, being on a hill was already elevated above the adjacent street and the site immediately abuts a residential neighborhood to the rear. The Board further heard that all other ground signs in the HB district, including those for recently constructed auto dealerships on King Street, are 15' tall. (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: 1/29/20132/23/20133/7/2013 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 2/16/20133/31/20132/28/20133/14/20134/1/2013 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 2/14/20132/28/20132/28/20133/12/2013 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 2/21/20135:30 PM5/29/20137/3/2013 GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2013-0013Date: March 12, 2013 MEMBERS PRESENT:VOTE: Elizabeth Silvervotes tono action needed Malcolm B.E. Smithvotes toGrant Sara Northrupvotes toGrant Bob Riddlevotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Malcolm B.E. SmithBob Riddle3Granted 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 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.