Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
32C-179
... . 0 4 c 1 w I 1 : 0 s M — i 1-8.' f 1-- -2 r, I ■ \I li. 1 N v i ...-- I el 1.--- \\ 0, • , I . :,.,..,....,.......,_ ___ ., I 7 [ _ -——---• 1 •• , 1 mom , • :.•...1'' ,c) 1 • L . Imluor , • 2 , _ ,. , 6 7 0 I H 'MIN [i?i° < 1 MEI I 1 IMO . 0- = 1 IN •': ea // , i . , O Q 8 al>1( AI , • 0..• e, A./ fn 'I.. —4 — —I w• z a z 2 0 m 0 -q— -a g _ ___ __ __ __ ____ a, 4, x0.-3 1/2 61.5 60,-loll? I 1! Z I— P.i T m I I ii >:. 71 Mw r2p _, : 0, m it., . ,,-..; im m ..., 55ITIM Z i * ' I0 c 0- 03 M g I -t ow - z m• z( m f P x I o< o m 1 01 20 c o Z-11 I= ..)q 0-1 Ern Ai co i 5 0 f 0>G) cl 2 1 il I m 1 I I I 1 1 ..1 m z -. Z q F> gArn > Pii 4P1 '1' tle_i ;NA ;A -e ,-. • 'O 5c . ,....3 m,om nm h'1, f— ' C 4 m * isgil 10,0 On 40 4 GI m 2, IA-4 -4,1q ‹gp 0 lq 4 EVIL 4 --1 r4F'?> liPlg g 0 il igig 4 z co 414 ?4-51'4 4 • '1 • * P,*E ii , 1 o I o I o -11'11 [ > P 0 CO W ; E —IX Z m m -r, i C11 .x11 ' 7:3 0 0 0 m XI x X X m M r n m < < m T; Ffi m ._ 2 8 :-"; H / 1 -2.•CD 5 rim o > 71Z0 - D ................„.03 ,,, . 1- 1,...7- :imp 'N•.,;':• • _,.,.._. 1 ,' x : _ — rja o !g° g �,'� I- 8 ;. �' W z z rr z i O p to �* `' U7z___ N\\ O O¢c L QZ '� w,oirf co W W H _ C 3 () Lu 1-Z Z -1 0 U LW o a. ! ! : \ wO <�rW to U Q J Q w4 W-,a. N 1,1 li m " � ch 0 Z e c. 0 z N Az z z A 1------ m I I co wt I �1 of .w o. d? g;� -'> 6 o f v d =r 3 oi< > i= G'- p , w W 3 '� $ 'itiw r W cc V° W a zQ Z °w�* l$goa, i't, H w N CI b W J W l I I = z < — .Oa j I ! { Jx 0� 3—..._. z z Q I j a � p-- X<} < O IW P w? WUF U 3 > u.z l9 FO aju u16,tl g= 0E,w z I— R 2 0 W J w Ce 00 I W i212 I11% =Y Wm zjK a ~ _2 W �a I � s��9j $$nwt��LL� �I _, u_, Jma Z w U 0 r�mim o.a�Oy Z< �p� < W co W �a OUw ! W �1 e J o_ z t- < z_ - . cI U }- Z g I - f I k k 3°a u) w I -_L - ,2I Ol'A9 .9'19 ---" .zI £'.LZ 3 J -- - -- -— -— - —- - —. -- - z w 5 w �? zF z I M wU w • O zm ? a l Z Z I hC ; .I M2 33 _ I I ' / [� — • j Il 1 I• co • sa .;,. —_ ._. -:-.2.-:,, . - ' 1.0 • '11 171 O a II .B-.1- ..4,9 P.S�\ ,.9-.9 09-a l .PAI w l.l.i (� 14 1 0 ct LAJ I- i ! I f , I U re co ■ co cc U) I 4 I 1 I z Z a i l w I i 1 \ ( W (� I-1° • t t L1J o I L I I /// 1 0 11 . .3,__i • I 1 I ` i I ,_____L. -----i- - - / i \ \ 4 _-- \ \ ..PAZ / -J/ ' \ .-I — I i > ! \\ \\ /tea — I \ I I I I m I 1 kF— I—_,—, \ �, Q Z I z ' i I I \ I \ \ i I \ I I I a ' g 4.. \ / r \ .: _.... / ! .,;.... sI— -= _ -- -- - N. , - - \, - - - - i e m b .999 n b, o zCC< I s s O $ $' zO $ cy gZw< ,! YZug' W0 yd Qma tu { ufa <Z a�< 1- Y-ov 2 8 iU, a'LI' a ��� PIH r 0 p3 Z I_z any - < ~9c_,w Z~jLL -Ow.. _. `� w 43+1J-se ui F w p w ------ ....Ow h- ?I a1 3ri a422s t--f!.ZJ 2 O �aa wy y7aO0 Ox6W. O. J J z<w zW <.-Uw zwi-tir < T 10 1 U 1 p . ^ vxk >t4 i'xs%-va.�:_-s __-. - .. "-." N'i 'd '- —..— _ sR3 .�.' ... "k't —..._._p.._. __..._ _._— Zoning Board of Appeals • City of Northampton Hearing No.: ZBA-2007-0017 Date: February 13, 2007 last statement in table of parking standards allowing the Commissioner to have discretion. It would not make sense if he didn't have this discretion. 6. There is no feasible way to speculate about future possible uses of property when making a determination about a current proposed use. 7. The logical and natural tendency would be for spillover to occur from the appellant's property[immediately abutting at 304 Pleasant Street]to defendant's property given the size of the appellant's building and not the reverse,as stated in the appeal. The subject property owner's counsel described the appellant's property as being several fold larger than the defendant's. Reuse of the total square footage of this structure would not trigger reevaluation of required parking. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE. HEARING CONTINUED DATE. DECISION DRAFT BY: APPEAL DATE. Tue Dec 12, 2006 Sat Jan 06, 2007 Thu Feb 08,2007 Thu Feb 22, 2007 REFERRALS IN DATE. HEARING DEADLINE DATE: HEARING CLOSE DATE. FINAL SIGNING BY: APPEAL DEADLINE: Sat Dec 30, 2006 Wed Jan 31, 2007 Thu Feb 08, 2007 Thu Feb 22, 2007 Mon Mar 05,2007 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Thu Dec 28, 2006 Thu Jan 11, 2007 Thu Feb 08, 2007 Tue Feb 13, 2007 SECOND ADVERTISING DATE: HEARING TIME. VOTING DEADLINE: DECISION DEADLINE: Thu Jan 04, 2007 5:45 PM Mon Mar 05,2007 Wed Mar 07, 2007 MEMBERS PRESENT: VOTE: Malcolm B.E. Smith votes to Deny Elizabeth Wroblicka votes to no action needed David Bloomberg votes to Deny Sara Northrup votes to Deny Bob Riddle votes to no action needed MOTION MADE BY: - SECONDED BY: IVOTE COUNT: DECISION: - � Malcolm B.E. Smith David Bloomberg 13-2 Denied 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 cerify that a copy of this and all plans have been filed with the Board and the.City Clerk on February 13, 2007 I certify that a copy of this decision has been mailed to the Owner and Applicant. • C 1 1 NOTICE OF APPEAL An appeal from the decision of the Zoning Board maybe 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®1998 Des Lauriers&Associates,Inc. IC! hwitt. Zoning Board of Appeals City of Northampton Hearing No.: ZBA-2007-0017 Date: February 14, 2007 APPLICATION TYPE: - SUBMISSION DATE: Appeal Mon Nov 27, 2006 • Applicant's Name: Owner's Name: • NAME: I NAME: Mark Naidorf/Cherry Realty Inc. Jay Fleitman ADDRESS: ADDRESS: PO Box 10475 90 Conz Street Holyoke,MA 01041 _ - c ., TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: i--- NORTHAMPTON MA 01060 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: (413) 586-9100 0 (413) 586-9100 0 EMAIL ADDRESS: EMAIL ADDRESS: Site Information: SITE ZONING: GB SECTION OF BYLAW: NORTHAMPTON, MA 01060 Chpt.350-4.10 • CIS# MAP: - • • • : ACTION TAKEN: 6630 =1 Denied Reason for filing: Appeal of a building permit issued by the Building Commissioner. . HARDSHIP: FINDINGS: The Zoning Board of Appeals denied the appeal of Mark Naidorf regarding the issuance of the Building Permit for 332 Pleasant Street. The Board determined that it could take jurisdiction of the appeal of the Building Permit despite the fact that the Building Permit was not issued under MGL 40A. in its decision to deny the appeal, the Board upheld the the Building Commissioner's determination that the use was classified as fdliceilanenus_ =rofessional and business offices and services including_•but not limiters to,medical, legal, and other profe csinr*ai .services and tinance,banking,insurance and real estate offices"and not a medical center. The Board upheld the Building Commissioner's decision to review the particular use for the purpose of calculating required parking, as allowed in section 8.2 and the table of parking standards, as most nearly close to a hotel use instead of standard office,professional or medical use. In making its decision, the Board reviewed the appeal application,briefs from the appellant's counsel and the subject property owner's counsel,and OPD staff report. In addition to the application, documents included: 1. "Memorandum of Law Submitted on Behalf of Mark Naidorf"by John H. Fitz-Gibbon,(undated)and submitted at the January 11, 2007 ZBA meeting. 2. Opinion of ZBA jurisdiction submitted by John H.Fitz-Gibbon dates'January 31, 2007. 3. "Memorandum on Behalf of Jay Fleitman,M.D."submitted by Alan Seewald, dated February 2, 2007. 4. OPD staff report dated February 8, 2007. The Board found: 1. There are two rooms with the capacity for one person to be evaluated in each room per night, with one staff person. 2. No treatment is performed on site. 3. Clients come to the facility in the evening to sleep and leave the next morning. 4. The Building Commissioner required sprinklers in the building because occupants would be sleeping there and he determined that to be the primary function on site. 5. Based on the table of parking requirements in section 8 of the Zoning Ordinance, the Building Commissioner is granted the authority to evaluate parking needs based upon the nearest closest use within the parking schedule. Section 8.1-c further states that parking should be provided to serve the needs which are generated by a particular use or structure. There would be no other way to interpret the GeoTMS®1998 Des Lauriers&Associates,Inc. T H'4MpT CITY OF NORTHAMPTON, MASSACHUSETTS' DEPARTMENT OF PUBLIC WORKS 125 Locust Street 4 1,ivs �� Northampton, MA 01060 N,ocso `^` 413-587-1570 Fax 413-587-1576 Edward S. Huntley, P.E. Director ASSIGNMENT OF HOUSE NUMBER(S) Street: Pleasant Street Assessors Map: Sheet 32C Lot 179 House Number: #332 Pleasant Street Date: January 12, 2007 Remarks: This number is assigned to a new building being constructed on Assessors lot 32C-179. The applicant requested the house number assignment. rik Ja : -s Laurila, P.E. Engineer cc: Central Dispatch Board of Health Water Division Tax Collector Sewer Division Massachusetts Electric Streets Division Verizon Telephone Inspectors Comcast Assessors Bay State Gas Police Department Post Office (Northampton) James Thompson(GIS Coordinator) Post Office (Easthampton) Applicant: Jay Fleitman 15 High Meadow Road Florence, MA 01062 K:\House Numbers\ r • ( nmonwealth of Massachus .s \2° County of Hampshire ATRUE COPY The Superior Court 99 100 ATTEST / 4t9 CIVIL DOCKET# HSCV1999-00100 CLERK MAGISTRATE CHERRY REALTY, INC. vs. ZONING BOARD OF APPEALS OF CITY OF NORTHAMPTON, et als JUDGMENT ON FINDING OF THE COURT This action came on before the Court, Constance M. Sweeney, presiding, upon Joint Motion for Summary Judgment and pursuant to the Court's Memorandum of Decision and Order, It is ORDERED and ADJUDGED: 1. Cherry Realty, Inc.'s Motion for summary judgment is Allowed. Jay Fleitman's and Mary Lou Stuarts Motion for summary judgment is Denied. Final Judgment shall enter for the plaintiff Cherry Realty, Inc. 2. The Clerk shall within 30 days send an attested copy thereof to the Clerk and Zoning Board of Appeals for the City of Northampton Dated at Northampton, Massachusetts this 7th of June, 2001. By the Court (Sweeney, J.) i -- iJ / ' ar, Jekanow•ki, Jr. Clerk/Magistrate ORDER For the reasons stated, Cherry Realty's motion for summary judgment is allowed, and Fleitman and Stuart's motion for summary judgment is denied. Final judgement shall enter for Cherry Realty. Constance M. Sweeney Justice of the Superior Court DATED: June 7, 2001 l8 1. will not extend any closer to any front, side or rear property boundary than the current zoning allows or existing structure already extends and will not create any new violation of other zoning provisions; and 2. does not involve a sign (sign standards are in § 7). E. with a Variance when said change, extension or alteration will create any new violation of the present zoning requirements. F. with a combination of a Finding and Variance when applicable." Clearly, subsections A, B, and C do not apply, given that Fleitman and Stuart are not rebuilding or replacing the damaged building for the same pre-existing nonconforming use. Subsection D does not apply, because the lot does not meet "other zoning provisions" including minimum lot size requirements for general business use, and there is no evidence as to whether the proposal meets frontage or setback provisions. Nor is there an "existing structure" or any data on its foot print with which to compare the proposed structure to determine if"other zoning provisions" were met. (Exhibit 5). Moreover, the record contains no evidence as to whether the proposal involves a sign or is in violation of any other zoning provisions. If it is, then either subsection E or F would apply, and Fleitman and Stuart would have to meet the criteria warranting a variance. Because this court finds that the use was abandoned, however, Fleitman and Stuart should request that the Board assess their property as a proposal to erect a new building for a conforming use on an undersized lot. They should provide the Board with sufficient information for them to assess whether the proposal violates any other zoning provisions, such as frontage and setback requirements. 17 • Assuming that the prior residential use was not abandoned, here, the local zoning ordinances nonetheless would apply under G. L. c. 40A, § 6, paragraph 1, see text supra, because the pre-existing nonconforming use was as a four-family house, and so does not fall under the single and two-family home exemption contained in that paragraph. Fleitman and Stuart's application would then be assessed as a proposal to change a pre-existing nonconforming use to a conforming use, and a proposal to erect a structure on an undersized lot. Even if the pre-existing residential use was not abandoned, the use was nonconforming, and so by its plain language § 9.3 (2)(B) of the Zoning Ordinance does not apply. The ordinance requires the present use to be conforming, and it is conceded that the prior residential use is nonconforming. The only use that conforms to the Zoning Ordinance is the proposed use, a use that had not yet come into existence. Even if the prior residential use was not abandoned, the Board should have relied on § 9.3 (1), governing changes from pre-existing nonconforming uses. That section provides as follows: "1. A Pre-existing Nonconforming Structure or Use may be changed, extended or altered: A. as-of-right when said change, extension or alteration conforms in all respects to the present zoning requirements. B. as-of-right when said change or alteration is limited to rebuilding a single- or two family home destroyed by fire or other natural disaster within two years of the disaster. C. as-of-right when said change or alteration is limited to rebuilding any other building not more than fifty percent destroyed by fire or other natural disaster when the change is limited to rebuilding or replacing the structure within the pre-existing foot print and height of the existing structure or within an area and height that conforms to all dimensional requirements and all construction occurs within two years of the disaster. D. with a Finding from the Zoning Board of Appeals that such change, extension, or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming structure and/or use when said change, extension or alteration: 16 of Blackstone, 33 Mass. App. Ct. 228, 233 (1992), citing Commonwealth v. Wood's Hole, Martha's Vineyard & Nantucket Steam Ship Authority_, 352 Mass. 617, 618 (1967) and would add terms to §9.3 (2)(B), even though the overall context of the ordinance shows that the term was intentionally omitted, see Doe v. Superintendent of Schools of Worcester, 421 Mass. 1 1 7, 128 (1995), citing Boylston Water District v. Tahanto Regional School District, 353 Mass. 81, 84 (1967). Moreover, where § 9.3 (1) explicitly uses the terms "rebuild" and "replace," by allowing the reconstruction of structures destroyed by fires so long as the pre-existing use remains unchanged, and where § 9.3 (2) makes no reference to any of these terms, the only inference that can be drawn is that the drafters of the ordinance intentionally omitted "reconstruction" subsection (2), and that the term "change" does not include "reconstruction." See id. See also Angus v. Miller, 5 Mass. App. Ct. at 473. There is no problem here with the proposed use, since it would bring the use of the lot into conformity with the zoning ordinance. But the fact remains that it is not a change in use. Rather, because the prior use was abandoned, the situation is analogous to a lot which has never before been used. Here, this vacant lot will be used for a use permitted under the zoning ordinance, but the lot is still undersized. Fleitman and Stuart should request that the Board assess their proposal under the zoning provisions dealing with such situations.' 3. Assuming that the prior residential use was not abandoned, the Board erred in applying § 9.3 (2)(B) of the Zoning Ordinance. ' As noted supra, there is no evidence in the record to indicate whether other zoning provisions are implicated by the proposed one-story building. Because the parties did not submit the entire Zoning Ordinance to the court, but only submitted § 9 and the relevant use tables, it remains to be determined whether there is some other section that covers a proposal to erect a new building for a conforming use on a vacant, undersized lot or whether the owners must apply for a variance pursuant to G.L. 40A, § 10. 15 use in a pre-existing nonconforming structure or on a pre-existing nonconforming lot. There was no conforming use to be changed from on the pre-existing nonconforming lot. Compare Planning Board of Reading v. Board of Appeals of Reading, 333 Mass. 657, 661 (1956) (demolition of existing buildings and erection of a new building for the same nonconforming use . not permitted where by-law contained words"alteration" and "extension" but not "reconstruction;" "the term alteration as used in the by-law can . . . only apply to existing structures"). Also compare Angus v. Miller, 5 Mass. App. Ct. at 473 (use of word "rebuilt" in one part of zoning law precluded board of appeals from interpreting "enlarged" in subsequent section of the by-law to allow razing existing buildings and constructing new nonconforming buildings in their place). A comparison of all the sections in § 9 of the Zoning Ordinance also supports the finding that that "reconstruction" is not a part of the"changes"permitted under § 9.3 (2). Section 9.2, titled Extension and Alteration, states that § 9 of the Zoning Ordinance generally applies to: "any change or substantial extension of[a pre-existing use] . . . to any reconstruction, extension or structural change of such [pre-existing] structure, and to an alteration of a structure . . . to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent." (emphasis added) Thus a "reconstruction"or"structural change" to a pre-existing structure must comport with zoning requirements. The separate uses of"reconstruction" and"structural change" in the statement of general application indicates that the drafters of the ordinance were referring to two separate things, and that"change"does not include "reconstruction." Upholding the Board's interpretation, by reading"change"to include "reconstruction" in § 9.3 (2), would render this portion of the zoning ordinance "surplusage," Advanced Development Concepts, Inc. v. Town 14 . or to remodel. To form again or anew as in the imagination or to restore again as an entity the thing which was lost or destroyed." It also defines"reconstruction" as the "Act of constructing again. It presupposes the nonexistence of the thing to be reconstructed, as an entity; that the thing before existing has lost its entity." Here, the thing which was lost or destroyed is the nonconforming structure used as a nonconforming residence. The thing which Fleitman and Stuart propose to build is a completely different structure with a different use. As a matter of logic, Fleitman and Stuart cannot "reconstruct" a building that is both completely structurally different and which will be used in a completely different manner than the one which was destroyed. The proposed one-story general office space can be constructed, but in no sense is it a"reconstruction" of the four-story, four- family residence. In any event, any "reconstruction" of the previous structure would arguably still have been subject to the Zoning Ordinance under Section 9.2, since the pre-existing residential structure contained four units. The ordinance only exempts one or two-family homes, and this may be a substantial change in use from the former use as a four-family residence.' The Board therefore clearly erred in finding that the proposed construction was a"reconstruction" that was an allowable "change" under § 9.3 (2)(B). It is also clear as a matter of law that "change" cannot reasonably be interpreted to include the term "reconstruction." Section 9.3 (2)(B) does not mention "reconstruction," but rather refers to changes, enlargements, and alterations attendant to changes from a conforming Section 9.2, governing "Extension and Alteration" contains a nonconforming use provision that applies to "structures or uses," but then states that the Zoning Ordinance applies to "any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure" unless the changes and reconstruction are to one or two-family homes. 13 Feldman, 363 Mass. 767, 776 (1973). In making its finding,the Board determined that the proposed construction was "reconstruction" and followed prior decisions wherein the term "change" in § 9.3 (2)(B) was held to include "reconstruction." Section 9.3 (2)(B), on which the Board relied, states that: "A Conforming Use on a Pre-existing Nonconforming Lot ar in a Pre-existing Nonconforming Structure may be changed, extended or altered. . . with a Finding from the Zoning Board of Appeals that such change, extension, or alteration will not be substantially more detrimental to the neighborhood than the existing conforming use when said change, extension or alteration is to a conforming use which requires the same or less minimum lot area, minimum lot width and frontage, minimum lot depth, setbacks, and parking than is required for the present use (and lot does not fully conform to the present zoning requirements for the proposed use)." (emphasis added). The Board erred in applying this section to this case for several reasons. The section deals with changes, extensions, and alterations from a conforming use to a new use. Here there was a pre- existing nonconforming lot but there was no present conforming use. There was only a proposed conforming use not yet in existence. Moreover, even if there was a present conforming use, the Board erred because it made no finding that the proposed use had the "same or less minimum lot area, minimum lot width and frontage, minimum lot depth, setbacks, and parking than is required for the.present use." It is also clear that this case does not involve a"reconstruction" in any sense of the word. Here, the proposed building and use was not a "reconstruction" in any common sense of the word. Webster's II New College Dictionary defines "reconstruct" as "to construct again." "Again," meaning"once more" or "to a previous place, position or state" implies a repeat of the thing preceding. A one story office space is not a repeat of a four story, four-family residence. Black's Law Dictionary, Sixth Edition, defines "reconstruct" as "to construct again, to rebuild . . 12 granting authority or by the special permit granting authority . . . that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood." However, this section does not apply, since it deals with changes from a pre-existing nonconforming use, and here that use was abandoned. Instead, paragraph four of the statute, dealing with vacant lots, applies. See Dial Away, 41 Mass. App. Ct. at 168-170 (where pre- existing nonconforming residential use was abandoned because of a lapse of time and because the property owner proposed to build a single-family residence on an undersized lot, the court held that exemption in paragraph four did not contemplate the "construction of a house in replacement for one torn down" and that under paragraph one, the owner could reconstruct a single family home within the exemption for single and two-family residences). That paragraph exempts lots to be used for single and two-family residences from lot area, frontage, yard and depth requirements under local zoning ordinances. This exemption does not apply here, because the proposed use is for a commercial office space. The vacant lot is thus subject to the local zoning ordinance, and is not covered by any of the provisions of G. L. c. 40A, § 6. In determining the proper interpretation of a zoning ordinance, courts may look to the intent behind the measure. See Dial Away, 41 Mass. App. Ct. at 170 (where the court found that a zoning ordinance reflected legislative disfavor of nonconformities and an intent to eliminate them if possible). The Dial Away court cited a line of cases stating the general proposition that one of the objectives underlying zoning regulations is the elimination of nonconforming uses, but it looked particularly to the local zoning ordinance to make that determination. See id. at 170. Where the ordinance does not provide "explicit guidance,"the court should look to "the spirit expressed in the by-law toward non-conforming uses and their expansion." See Berliner v. 11 • as there was other material evidence of Fleitman and Stuart's intent to abandon the prior residential use. Fleitman abandoned the prior residential use when they voluntarily filed applications and site plans indicating that the new construction on the site would be for a different use in a structure different from the one which had previously stood on the property. See Derby Refining, 407 Mass. at 710 (there was "no clear indicia of abandonment. For example, the property was not left unprotected or unsecured, it was not changed to a conforming use, and no buildings were demolished."). Because Fleitman and Stuart abandoned the prior residential use, their property should have been assessed as a proposed conforming use on a vacant lot that did not conform to current lot area requirements.6 A local zoning law applies unless it is preempted by the provisions of G. L. c. 40A, § 6. See Dial Away, 41 Mass. App. Ct. at 171. Section 6, paragraph one,states that local zoning ordinances shall apply to a pre-existing structure or use where there is: "any change or substantial extension of such use, to a building or special permit issued [after the zoning ordinance takes effect], to any reconstruction, extension or structural change of such structure and to any alteration of a structure . . . for substantially different purpose or for the same purpose in a substantially different manner . . . except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature of said structure. Pre- existing nonconforming structures or uses may be extended or altered, provided, that no such extension or alteration shall be permitted unless there is a finding by the permit but it is not material, because there is other evidence as to Fleitman and Stuart's intent aside from the demolition, discussed infra. 6 It is unclear from the record whether the proposed one-story structure would meet frontage, setback, and other zoning requirements. Fleitman and Stuart's initial application for the two-story office structure revealed that the proposal would violate frontage requirements (exhibit 5), but neither the site plan (exhibit 13), the application for a Finding allowing the one-story structure (exhibit 7) nor the minutes of the planning board meeting (exhibit 1 1) indicate whether or not the two-story frontage problem was remedied or whether the building meets setback and other zoning provisions. 10 767, 772 (1993), but the "nonuse or sale of property does not, by itself, constitute an abandonment." Derby Refining Co. v. Chelsea, 407 Mass. 703, 709 (1990). See also Cape Resort Hotels, Inc. v. Alcoholic Licensing Board of Falmouth, 385 Mass. 205, 221 (1982). Rather, the evidence must show that the new owner used the property in a way other than previously protected under the nonconforming use exemption. Id. The general test of abandonment looks for "the concurrence of two factors, (1)the intent to abandon and (2) voluntary conduct, whether affirmative or negative, which carries the implication of abandonment." Derby Refining, 407 Mass. at 408. (cited cases omitted). If the demolition was voluntary, then the prior residential use was necessarily discontinued. Dial Away, 41 Mass. App. Ct. at 171. Voluntary conduct can include the voluntary surrender of a government-issued license, see Dawson v. Board of Appeals of Bourne, 18 Mass. App. Ct. 962, 963 (1984), but statements made to the government are not voluntary where the information is mandated by law, see Derby Refining, 407 Mass. at 710. The sale of the property here did not constitute an abandonment because there is no evidence that at the time of the sale Fleitman and Stuart had any intent to change the use of the property. Moreover, though there is a question as to whether there was a voluntary demolition, as Fleitman and Stuart contend that the demolition took place pursuant to a condemnation order issued by the Northampton Building Commissioners, see id., that question is not a material issue, Fleitman and Stuart, in their response to Cherry Realty's statement of uncontested facts, state in paragraph 6 that"the structure was demolished pursuant to a condemnation by the Building Commissioner." If Fleitman and Stuart had no option but to raze the structure, then the demolition was not voluntary. Cherry Realty argued in its memorandum of law at page 6 that the "prior use (residential) was voluntarily extinguished when defendants Stuart and Fleitman demolished the four-family, four story nonconforming structure leaving a lot that does not conform to minimum zoning requirements." These differing contentions raise an issue of fact, 9 they now seek to change the nonconforming residential use to a conforming use, i.e., commercial office space in a general business district. Cherry Realty argues that the residential use was destroyed when Fleitman and Stuart demolished the structure and later sought to erect a new structure with a different proposed conforming use. The Board based its decision on the assumption that there was a change from a pre-existing nonconforming use to the proposed conforming use. General Laws, c. 40A, § 6, paragraph four, discussing abandonment, states that "[a] zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." Thus, localities can determine when and how a nonconforming use is extinguished. Northampton deals with abandonment in § 9.5 of its Zoning Ordinance, by providing that "[a]ny nonconfoming use of a conforming structure and/or lot which has been abandoned or discontinued for a continuous period of two (2) years or more shall be deemed extinguished and shall not be re-established." (emphasis added). By its plain language, the Zoning Ordinance does not apply here because the use, the lot and the structure previously on the lot were all nonconforming, and the provision requires either the structure and/or lot to be conforming. This requirement must be met before the two-year grandfather period may operate. Fleitman and Stuart,therefore, cannot avail themselves of the Zoning Ordinance to show that the prior residential use survived and could be relied upon in proposing a conforming use of the property. "Abandonment . . . may be found apart from the ordinance." Dial Away, 41 Mass. App. Ct. at 171. The court may consider the subjective intent of the property owner. See id. at 172. Voluntary demolition of a building constitutes abandonment, see Berliner v. Feldman, 363 Mass. 8 These uncontradicted contentions are sufficient to withstand Fleitman and Stuart's unsupported argument that Cherry Realty does not have standing to maintain this action. See id. (plaintiffs argued new development would increase traffic reduce the number of public parking spaces available, and plaintiffs used those spaces for their business and personal use; court found that those fears "are neither speculative nor too remote to"to find that the plaintiffs lacked standing)? See also LaLonde v. Eissner, 405 Mass. at 209. In this case, it is not too speculative to say that if Fleitman and Stuart's lot is full, their customers will park in Cherry Realty's lot rather than drive to the off-site parking. Traffic would certainly increase during business hours compared to the prior residential use, especially since there may be some customers who, upon pulling into the proposed lot, will discover that they must then drive to off-site parking.' 2. The Board should have concluded that Fleitman and Stuart abandoned the prior residential use. Here, all the parties agree that before Fleitman and Stuart became owners of the property, the pre-existing use, structure, and lot were all nonconforming. Fleitman and Stuart argue that the pre-existing, nonconforming, residential use survived their demolishing the structure, and that feared that the new office space would exacerbate the problem. He also cited current traffic problems in the area, and his fear that the new office space would increase those problems. (Exhibit 11 at 7-8). Barvenik v. Board of Alderman of Newton, 33 Mass. App. Ct. 129, 134-138 (1992), provided by Fleitman and Stuart, is not apposite to this case, because the plaintiffs in that action had no personal injuries, but rather, cited concerns shared by all the residents in the surrounding area. Here, the personal injury is the invasion of Cherry Realty's parking spaces on its own property. 4 Cherry Realty still has standing even if, as it appears from the record, the off-site parking spaces are adequate under the Zoning Ordinance, given the court's finding in Marshalian that the fact that "the judge ultimately found the reduced number of spaces provided by the variance to be adequate does not defeat a claim of injury to legal rights." Id. at 723. 7 • • arbitrary." Subaru of New England,Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979). If reasonable minds can differ on the conclusion to be drawn from the evidence presented, it is the board's conclusion, not the court's,that controls. See Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148, 154 (1977). Moreover, a court should defer to the interpretations a local zoning board gives, in its discretion, to its own ordinances and bylaws. See Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 556, 558-560 (1954); ACW Realty Management v. Planning Board of Westfield, 40 Mass. App. Ct. 242, 246 (1996); Geryk v. Zoning Appeals Board of Easthampton, 8 Mass. App. Ct. 683, 684-685 (1979). 1. Cherry Realty has standing to contest the Board's decision. As a preliminary matter, Fleitman and Stuart have argued that Cherry Realty does not have standing to maintain this action, but they advance no evidence in support of this argument. Cherry Realty, as an abutter, enjoys a presumption of standing, but once the issue of standing is challenged, that presumption falls away and it becomes a question of fact whether Cherry Realty has suffered a cognizable injury. See Marshalian v. Zoning Board of Appeals of Newburyport, 421 Mass. 719, 721 (1996); Cox v. Board of Appeals of Carver, 42 Mass. App. 422, 425 (1997). In order to have standing, Cherry Realty must suffer an injury to a legal right or property interest, and the injury must not be either speculative or generally shared by other members of the affected area. See Marshalian 421 Mass. at 723. As set out in the uncontradicted and Agreed List of Exhibits submitted in support of the joint motion, however, Cherry Realty raised contentions regarding traffic and parking at the hearing on Fleitman and Stuart's application.' 2 Namely, that customers from the proposed office space will park in Cherry Realty's spaces and not in the ones located further away. Naidorf mentioned that he had already had problems with his customers' parking spaces being used by unauthorized persons, and that he 6 requirements, as well as the fact that in the current plan, the parking spaces did not meet Department of Public Works' setback requirements. Id. On March 25, 1999, the Board allowed the application pursuant to § 9.3 (2)(B) of the Zoning Ordinance, stating that there was a change in use of a pre-existing nonconforming lot and that the proposed use was not substantially more detrimental because "the requested use . . . would not be substantially more detrimental to the neighborhood than the previous non-conforming use as a four-family residence. The applicant presented that the use would generate less trash and sewage than the four-family structure, and members were persuaded that overall traffic to the property would not increase to the point of detriment, since the proposed use would generate less traffic on the weekends and in the evenings." (Exhibit 11 at 1). The Board made the Finding on the condition that "[t]he applicant must provide four off-site parking spaces, as required in the Planning Board permit associated with this use." Id. at 2. Cherry Realty then appealed the Board's decision to this court. DISCUSSION Summary judgment is proper where there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Mass. R. Civ. P. 56 (c); Allstate Insurance Co. v. Reynolds, 43 Mass. App. Ct. 927, 929 (1997). A party cannot defeat the motion for summary judgment by resting on his pleadings and mere assertions of disputed facts to defeat the motion. LaLonde v. Eissner, 405 Mass. 207, 209 (1989). There are no material facts in issue, and the question of whether the Board properly interpreted § 9.3 (2)(B) of the Zoning Ordinance is a question of law. In reviewing a zoning board of appeals' decision, the court may not disturb the decision unless "it is based on a legally untenable ground or is unreasonable, whimsical, capricious, or 5 Defendant Mark Nejame, a member of the Board, stated at the meeting that the Building Inspector and the City Solicitor"had endorsed [the position] that the word `change' in Section 9.3 (2)(B) could be interpreted to include reconstruction" and then referenced a memorandum from the Building Commissioner citing past interpretations of the term "change" to include "reconstruction," including situations where "the original structure was razed to the ground and a new structure rebuilt." (Exhibit 11 at 5). He also distinguished Dial Away as dealing with the interpretation of a zoning ordinance that differed from that in Northampton. Based on the past interpretations in Northampton, and his conviction that the Northampton Zoning Ordinance differed from the ordinance in Dial Away,Nejame then stated that he felt that a finding under § 9.3 (2)(B) would be proper. Id. There was also a discussion (but no agreement) as to whether the prior residential use still existed or whether it had been destroyed when the residential structure was destroyed. The parties also discussed their varying interpretations of G. L. c. 40A, § 6, Dial Away, and Angus v. Miller, 5 Mass. App. Ct. 470 (1977). Id. at 7. Naidorf also stated that he was concerned that the customers at the office building would use his parking spaces rather than the ones provided off-site, thus diminishing his customers' ability to use the spaces provided for them. Id. at 7-8. "He said that this was a reality, regardless of the number of spots Fleitman got down the street." (Exhibit 11 at 8). He also argued that it was irrelevant that he had the same right as other residents to tow cars illegally parked on his property. Id. Fleitman conceded that he did not yet have a written contract for the off-site parking spaces, and sought the Board's advice as to the number of spaces he should lease and for how long. Id. There was discussion that the lease of off-site spaces would meet zoning 4 c �_ above those required by code and grandfathered spaces." (Exhibit 8). In apparent response to a question from the Planning Board, the Northampton Building Commissioner, in a memorandum dated February 17, 1999 (Exhibit 9), opined that Dial Away_ Co., Inc. v. Zoning Board of Appeals of Auburn, 41 Mass. App. Ct. 165 (1996), did not apply to Fleitman and Stuart's application, as the proposed construction did not come under the state statutory exception for single and two-family residences at issue in Dial Away. The Commissioner then went on to state that there was no conflict between G. L. c. 40A, § 6, and Zoning Ordinance § 9.3 (1)(D), presupposing that the pre-existing nonconforming residential use survived Fleitman and Stuart's demolition of the structure and their avowed intent to erect a different structure with a different use. The Board held a hearing on Fleitman and Stuart's application; the meeting was apparently combined with the Planning Board's review of the proposed site plan. The minutes of the planning board meeting (Exhibit 1 1) indicate that Fleitman and Stuart proposed to provide eight parking spaces on the property, as required under the proposed use, and that they were planning to rent more spaces "down the street." Id. at 2. Fleitman also admitted at the hearing that the proposed structure would have different setbacks from the former building, but represented that current setbacks conformed to current zoning. Id. at 3. The owner of Cherry Realty, Mark Naidorf, and his attorney were also present. Naidorf stated that he did not think that § 9.3 (2)(B) was the correct provision under which to assess the property. Instead, he argued both that the building was a reconstruction, and not covered by § 9.3 (2)(B), and that the pre- existing nonconforming residential use had not survived the demolition of the prior residential structure. Id. at 4. 3 A story, four-family residential structure though the Zoning Ordinance set the maximum height at three stories, (Northampton Zoning Ordinance Table 5-3), the area was zoned for general business use, not residential use, (Northampton Zoning Ordinance Table 5-1), and the lot was undersized at 4145 square feet, though the ordinance requires 6000 square feet. (Exhibit 5). On October 29, 1996, there was a fire, and the four-family home was at least partially damaged. The owners did not seek to repair or rebuild the structure, but rather sold the property to Fleitman and Stuart on March 21, 1997. Cherry Realty was an unsuccessful bidder on the property. Within eight months of buying the property, on June 11, 1997, Fleitman and Stuart received a permit to raze the four-family residence. Fleitman and Stuart's application to raze the structure gives no indication of any intent to either rebuild the structure or to put the property to a different use. After the property was razed, on November 15, 1997, Fleitman and Stuart sought a permit to erect a two-story structure for commercial office space on the property, and stated in their application that the lot and frontage were nonconforming. (Exhibit 5). The building commissioner denied the application, citing § 9.3 of the zoning ordinance, and stated that Fleitman and Stuart's proposal involved a "change in use nonconforming lot." (Exhibit 6). He also stated that Fleitman and Stuart would have to submit a site plan, because the proposal was "new construction of more than 2000 [square feet)." (Exhibit 6). On August 26, 1998, Fleitman and Stuart applied for a Finding to construct a one-story office building. (Exhibit 7). They stated that their proposal "represents a change in use of a nonconforming lot. Prior building was 4 family residential that burned and was subsequently demolished." Id. Fleitman and Stuart also claimed in their application that there were six parking spaces "grandfathered" from the prior use on the lot, and that in adding three more parking spaces, "this project adds 2 parking spaces 2 A TRUE COPY I ATTEST 140/A4 Nrecy CO MQNWEALTH OF MASSACHUSETTS 9 100 CLERK MAGISTRATE HAMPSHIRE, ss. SUPERIOR COURT CIVIL ACTION NO. 99-100 CHERRY REALTY, INC. vs. ZONING BOARD OF APPEALS OF CITY OF NORTHAMPTON & others' MEMORANDUM OF DECISION ON JOINT MOTIONS FOR SUMMARY JUDGMENT The plaintiff, Cherry Realty, Inc. ("Cherry Realty") brought this action seeking a declaration that the defendant Zoning Board of Appeals of the City of Northampton ("the Board") exceeded its authority when it granted the defendants Jay Fleitman and Mary Lou Stuart ("Fleitman and Stuart") a Finding and Special Permit to construct a one story office building on land that Cherry Realty abuts. Cherry Realty argues that the Board erred when it made a Finding and granted the permit. The defendants Fleitman and Stuart ("Fleitman and Stuart") defend the Board's actions and argue that this court should uphold the Board's interpretation of the Northampton Zoning Ordinance. The Board did not file any motions or memoranda on the joint motion for summary judgment. For the reasons stated below, Cherry Realty's motion is allowed and Fleitman and Stuart's motion is denied BACKGROUND The parties do not dispute the following facts. Before Fleitman and Stuart bought the subject property, the use, lot size, and structure were all nonconforming: the structure was a four Mark Nejame, Robert Riddle, and Lawrence Snyder as Members of the Zoning Board of Appeals, Jay Fleitman, and Mary Lou Stuart. e TRUE COPY # 1 ' IkTTEST , ,rt .,, /� v1i , ,d COMMONW! • H OF' MASSACHUSETTS JD' 5 DEPARTME OF THE TRIAL COURT CLERK MAGISTRATE HAMPSHIRE, SS. I SUPERIOR COURT DEPARTMENT CHERRY REALTY, INC., Plaintiffs VS. C.A. No. 99-100 a •c C n ZONING BOARD OF APPEALS w Y OF THE CITY OF NORTHAMPTON -r. and MARK NEJAME, BOB RIDDLE, and LARRY SNYDER. Individual Members Thereof, and JAY FLEITMAN k"" and MARY LOU STUART, �` ,c. Defendants "° - ' JOINT MOTION FOR SUMMARY JUDGMENT NOW JOINTLY COME the Plaintiff, Cherry Realty, Inc., the Defendants, Jay Fleitman and Mary Lou Stuart, and the Defendant members of the Northampton Zoning Board of Appeals and request this court grant Summary Judgment based upon the Pleadings, the Agreed Facts in the Joint Pre-Trial Conference Memorandum, the Agreed Exhibits and in accord with the Memorandum submitted by each of the parties, for the reason that there is no genuine issue as to any material fact, and Summary Judgment under Rule 56 M. R. Civ. P. is proper. The Plaintiff, The Defendants, CHERRY REALTY, INC. JAY FLEITMAN and Ate,. LOU S UAR joe By: /� BY: Ji..`i / 4 •4/Ok ii Robert W. •. e. Esq. I dward D. Ethere. e, their attorney BBO. 460960 C.. BBO# 156460 10 Center Street, Suite 302 Etheredge & Steuer, P.C. '4, .\ Chicopee, MA 01013-2680 64 Gothic Street ,A,:. Northampton, MA 01060 _ ,_v Tel. (413) 584-1600 k�'�! �� ,�A The Defendant ' �1 CITY • • •r%� •T Iv1'PTON ��1 �1 '' By: tfWasigli ' c (A/d ' iii )1 ' Janet M. Sheppard, E l•. �, 76 Masonic Street V P y�r �i� Northampton, MA 01060 n. ) Ills Dated: July , 2000 ✓j J/ J Li_e_ e 6-u..---s' c L-3 - -,- c1"/ 4:,--,--- (-"j'' ' ' (1'-'' 7C4 LL ) Court Decision Highlights Page 7 - First paragraph top of page; the Judge states that parking is a real problem. ...In this case it is not too speculative to say that if Fleitman and Stewart's lot is full, their customers will park in Cherry Realty's lot rather than drive to the off-site parking."... Page 12 - Last paragraph bottom of page; the Judge states where and how the city erred, and starts quoting Webster's Dictionary. ...It is also clear that this case does not involve reconstruction... Page 13 - Bottom;Judge points out the Boards attempt to redefine words. To allow the construction. Pages 14, 15, 16,17,18 - Judge continues to explain how city made things up to allow the permit.Judge points out how the Board previously tried to improperly categorized the project to allow the construction. • FROM : PHONE NO, : 4135437910 Sep. 12 2005 1325RM P1 69/12/2008 ;.0;21 ta53711:72 ti*Ike t!, vi4-,1,10L Citg DaeUrill.Vr c.7 Zt.,7LiatKro 4,WECTIOMT 5o INSKCTOR 21,/ $44.74t * lexsaidpigradktait 41.1.. Northuite,Wb 01,C46 czoN coma!,DOCMa pr-etzeigc-11 4egisessi. mtspottale for kttir,rrojest) Project Dittegi(01. (J2AY proi*.ct.1,401r,L31,11LLiezp: 0,...-■••■-■-JP. A I '11 SCOI tellt*= CFI if/ [sd kilNY ?61-(..7-ta-C nt,s'e me 4". v4it thesixe 0,41tFeA 14:4=ealusec.s State htletz' Code, tO R Zcalas.ack, S Y3 . Rtistemit4 24.2aber 23d31, mrigtspoi p-4,;„=;ittur.'EtelvvriAltin holey altriFY that I htwe p.1m-ret/ ilre;dy ropsrti=1 prepstatist eta 4alt-tirsol.=trytio.stostLi.evette-Aixtv ri,PSitts?rOZA EoA the abovs=tad I.ANiset=id thw to tot is*t thry kaowibige,sttsAplAve..se=prts44' =el !Place.=gt,, tte51101.1geolePrade4t$ate lattngtreT4t1 SI=Blracf Cod.t,all arxpt.blo 5. azttest7eaocl ALI arplicatea tty,Itz,itto moradittect. Fratbs=r1Oltuderaatut and 44.61M thar I gal pet=t.15e necc=ry pr4gamomti ..rvicts to tinteiri;ov•t.:uctilse above zettatlecte portisseadtevec proem:lin aoctgebase orie the ast=litots epprow.dtt tik.tblinptsse rwpoosaie for the.tblkwittg sOistils4 ze,-.4joa I. RovIot 4411 dawitp,laraTtkg aad other ale,,iitak dee sehtt4tor Isce4-4' zugArostion Oxt=ter-1 Au.%ritted for the 1iii 4 Arm*tiox es voutzma344'CI et deg tilocept. '''AvitreATA4i sactoval des kteekr otstrci procettorm all cnutrali =tee' Be Vegad ITTWViat appropeele a ch=stage aretzsztunite beto.=gt=agr 146.111c PriAN041 Cp2Ity(eel vtd4 sad to(ets=sio,e,,to,youtzt th t l ;VIZI; p,.-1,tme.4 la a am=stet with the carson:ticz tiottsmis I sh1 r...hntapcziodcany, s tam aie te th ba sfaiefal.A progress swat to2eth&•with Pexi:e=o:eoftsts.T.71=oseatpat'on of dle.wo6t, AA sotst&% tit TAtillteg orteisl fus71 to the latfixfictsry sovisthoati Ina reviinfti of the propos;for=Tow. . Oa A to Sipetikre x4 kg of regirat- ia,A p ,0 7 4C4,„ • No.8835 41 AMHERST N., roue 41348 0-V,t. Post-ir Fax Note 7671 Dava r/7, C4 Agra* 11111730/111111Frm ColDept Phone# PrIer.54 9.. Fax* 5,F1 - co„/. PAX Code Compliance Report—SleepMed Building Page 8 of 8 Code Compliance Report—SleepMed Building Page 7 of 8 • 923.1: All automatic fire suppression systems shall be supervised by one of the methods listed. o Exceptions o Limited Area sprinklers: � � o R-uses complying with 906.2.2 and supervised in accordance with NFPA 13R (appendix A)-since we are using 13D system, this supervision is still required. Chapter 10—Means of Egress Occupancy Calculations Business Control Room 228 SF Receptrion 324 SF DME Supplies 216 SF Subtotal 768 SF/ 100 gross= 8 occupants Bedrooms—2 occupants max. TOTAL OCCUPANT LOAD= 10 1006.5 Length of Travel 200' without sprinklers-complies 1007.1 Accessible Means of Egress 3 2-complies 1010.1 Number of Exits 2—com'lies 1011.3 Corridor Width for<50 occupants 3 36"-complies 5) / Chapter 12—Interior Environment 1214.0 Sound Transmission Control in Residential Buildings 1214.2 Air-Borne noise: Walls between units: STC 45 for air-borne noise. Chapter 13—Energy Conservation 1301.1 Low-rise residential buildings to comply with Appendix J. See MEC-Check report. 521 CMR—Architectural Access Board 3.2 New Construction: All new construction of public buildings shall comply. See definition, below(5.62). 5.62 Public Building: a building privately or publicly financed that is open to and used by the public... Code Compliance Report—SleepMed Building Page 6 of 8 • 917.4.6 NOT ref wired for R-2 < 13 dwelling units. O 53 '�i � ,�' �s i = n .'raw t o avr � �.,.,«. �' sib 9 1. .. 3 - le , Y ? 918.0 Automatic Fire Detection Systems(smoke detectors) 918.4.7 An automatic fire detection system shall be installed throughout R-2 in accordance with table 918 (B use is not required) Table 918—Residential Fire Protection Requirements Use Group, Unit Other Standby Manual Zoned Fire Dept #units occupant occupant power stations notification protection protection R-2 Yes, in Yes, Yes, 919.5 N/A(<3 N/A N/A 3-12 units locations 918.4.7 battery storeys) These items are per In hall backup required by 918 919.3.2 between required even tho just guest one unit. rooms 919.0 Single and Multiple Station Smoke Detectors 919.3 Where required Note that any smoke detector located within 20 feet of a kitchen or bathroom w/tub or shower shall be a photo electric type smoke detector. 919.3.2 Use Group R-3 requires smoke detectors in the following locations: • immediate vicinity of bedrooms • in bedrooms. Note exception 2 does not apply with 13-D suppression system. • in each story within a dwelling unit, including basements • for each 1200 SF for units of this size or larger 919.4 Interconnection: R-2: actuation of one alarm shall actuate all alarms within that unit. 919.5 Battery backup: Required for all smoke detectors in R-2. Note exception does not apply with 13-D suppression system. 919.6 Acceptance testing: When the installation of the detectors is complete, each detector& interconnecting wiring shall be subject to 100% acceptance test in accordance with NFPA 72. 920.0 Fire Extinguishers Required for B use. 921.0 Smoke Control Systems N/A 922.0 Smoke and Heat Vents N/A 923.0 Supervision—Required for 13D system. Code Compliance Report—SleepMed Building Page 5 of 8 • 718-719: Not applicable 720.0 Firestopping and draftstopping 720.6 Firestopping required 720.6.1 Concealed wall spaces: in concealed spaces of stud walls and partitions, and at ceiling and floor or roof levels. 720.6.2 Connections between horizontal and vertical spaces: at all interconnections between vertical and horizontal spaces such as occur at soffits over cabinets. 720.6.3 Stairways: in concealed spaces between stairway stringers at the top and bottom of the run. 720.6.4 Ceiling and floor openings: at openings around vents,pipes, ducts, etc.at ceiling and floor levels. 720.7 Draftstopping required 720.7.1 Floors: required where ceilings suspended below joists. 720.7.2 Attics and concealed spaces Chapter 9—Fire Protection Systems 904.0 Fire Suppression Systems 904.7 Required for R-2 (not required for R of this area) o Exception: Buildings having no more than three dwelling units4NFPA-13 D (906.2.3) system allowed o Every sprinkler shall have at least one automatic water supply. o Note: Exception 919.3.2 exception 2 (bedroom detectors)and 919.5 exception(battery back-up)shall not apply with 13-D systems. 904.8 Windowless story: Automatic fire suppression is required for windowless story(including basements) 907 Limited Area Sprinklers o 0 �i f9j[ a a g jJ�.�E �LP` 1 W f %�� �..�i�„.i �.xaGF3 �g�ax��m..��� ��c. ��°,:iwzT; ���.-nstsu,.G Where nonfireresitance rated separation walls are permitted by Table 302.1.1...the areas shall be considered to be one4 separately enclosed area for the prposes of determing the number of sprinklers... o domestic supply...designed to support adequately the design flow... 908-913: Not applicable 914.0 Standpipe systems: NOT required for R-2 and B uses <3 stories in height 915.0 Fire Department Connections (to supply sprinklers and/or standpipes): NOT required. o Exceptions: o Limited area sprinklers with domestic water supply o sprinkler system with less than 20 heads. 916: Not applicable 917.0 Fire Protective Signaling Systems(manual pull stations, horns and strobes) • 917.4.2 NOT required for B of this height . Code Compliance Report—SleepMed Building Page 4 of 8 Chapter 7—Fireresistant Materials and Construction 705.0 Exterior Walls Table 705.2 Exterior Wall Fireresistance Ratings: fire separation distance R-2 B 0 to 5' South wall 1 hour 2 hour Rated both sides >5 to 10' East wall 1 hour 1 hour Rated from inside only >10' North and West 0 hour 705.3 Openings: Maximum area of unprotected exterior wall openings per Table 705.3: fire separation distance Allowed Proposed 0 to 3' South wall Not permitted None >3 to 5' N/a Not permitted N/a >5 to 10' East wall 10% 10%shall comply >10' to 15' North wall(partial) 15% 12.5% >30' North wall(partial) No Limit West wall 706-708: Not applicable 709.0 Fire Separation Assemblies 709.3 Opening: Openings located in a fire separation assembly shall be limited to a maximum aggregate width of 25%of the length of the wall and max. area of any single opening shall not exceed 120 SF.—complies at 25% 709.3.1 Protectives: min.fire protection rating set forth in 716.0 709.4 Continuity:Vertical fire separation assemblies to extend from top of rated floor/ceiling assembly to underside of floor or roof slab above, be securely attached. 709.5 Penetrations: Shall comply. 709.6.4 Ducts 4 firedampers: Shall comply 710-712: Not applicable 713: Floor Ceiling and Roof/Ceiling Assemblies: Basement ceiling shall comply. Note: rating is not required by 1006.3.1 as automatic fire suppression shall be installed throughout the basement. 714-715: Not applicable 716.1 Opening Protective Fire Protection Rating o Fire separation assemblies having a required fireresistance rating greater than one hour: 2 hour 4 1.5 hour rating(for fire doors in walls between separated uses) o Fire separation assemblies: exit enclosure walls: 1 hour 4 1 hour rating(for fire doors in stair enclosure) 717 Fire Dampers a 2 hour wall 4 1.5 hour rating a 1 hour 4 1 hour rating e m _ • Code Compliance Report—SleepMed Building Page 3 of 8 Mixed use &fire 2 709 2 area separations 313.1.2 Exit Access -- 1011.4 Capacity<10 -> Corridors 0 hours (R2 use) Exit Access 1011.4 Capacity<30 - Corridors 0 hours (B use) Exit Access note g --) 711.4 711.4-)continuity N/A Corridors (n/a), 712.2 (n/a) (other items) 711.0 Dwelling Unit 1 711 N/A This item is not Separation 713 (n/a) applicable note f,- 1011.4 because the uses note j (n/a) are separated and there is only one residential"unit" Other 0 -- 0 N/A nonloadbearing partitions Interior 0 715.0 0 N/A loadbearing Not less than that No interior load elements(other of supported wall bearing elements than roof trusses) Structural 0 715.0 0 N/A members Not less than that supporting wall of supported wall Floor 0 N/A 0 N/A, slab on construction grade at R-2 use including beams (R2 use) Floor 713.0 0 construction 4$ including beams v;,‘wy ,f (B use) withc u spr kkts Roof 0 714.040 0 construction, 15' or less to lowest member Code Compliance Report—SleepMed Building Page 2 of 8 780 CMR—Massachusetts State Building Code Chapter 3—Use and Occupancy 302.0 Classification Separated Mixed Use: • Residential R-2 (see summary, above) • Business B Table 302.1.1 Specific Occupancy Areas 1. Storage rooms> 50 sf< 100 sf; 1 hour, ,or automatic fire suppression with smoke partitions—Not applicable 2. Storage rooms more than 100 sf in area—automatic fire suppression with smoke partitions—applicable for basement area 4 Automatic fire suppression will be provided throu: out the basement .. )g; 3. Boiler and furnace rooms— 1 hour,or automatic fire suppression system- Automatic fire suppression will be provided throughout the basement,therefore no fire separation is ��. ��. � �� �• mow, required w �� ' ; air ®� Chapter 5—General Building Limitations-Type 5B Combustible,Unprotected: Table 503—Height and Area Limitations of Buildings • R-2 Residential multi-family, 2 storeys, 35',4,800 SF/floor • B: Business: 2 storeys, 30', 7,200 SF/floor Actual building parameters: 1 storeys, 20' +/-, 1,660 SF/floor—Complies of both separated uses. Chapter 6—Fire Resistance Rating of Structure Elements Table 602, for Type 5B construction: � io �� t s e �u f s eons c r � 1 r .. ., .,. ` t � godir ct e �� sta�' � Structure Rating for 5B Other Resulting Rating Comments Element Construction Requirements Requirement Exterior walls 0 705.2 0 1 hour at south loadbearin, and east walls Exterior walls -- 705.2 4 0 1 hour at south nonloadbearing and east walls Fire walls& 2 Table 707.1 -› 2 2 N/A party walls Fire enclosure of 2 1014.11 (stairs) Stairs -1 hour exits 709 See:06016n note b--)710.3 *0'4. (shafts—N/A • ,a KRAUS-FITCH ARCHITECTS, INC. atiaifr‘ '' Home — Community—Planet September 6,2006 -Fifth DRAFT Code Compliance Report— SleepMed Building 332-334 Pleasant Street,Northampton,MA Prepared by: Laura Fitch Prepared for: Construct Associates,Inc. Summary: This new construction is for the offices for Jay Fleitman, and includes primarily office and bedroom space, for the treatment of sleeping disorders. One of the unseparated mixed use groups has been classified by Tony Patillo as R-2, because of the two sleeping rooms. The other use is B, business. The building will be Type 5B Construction. The majority of the building is slab on grade,with a small basement area for mechanical and storage space. First Floor=approximately 1,658 SF Basement=approximately 312 SF TOTAL BUILDING= 1,970 SF This study is not all-inclusive. It focuses on the life-safety aspects of the code as interpreted by the architect. Indication of "code compliance"within this study does not represent a guarantee on the part of the architect that all aspects of the code have been outlined in this report,nor that the building will be built exactly as outlined. Resources: The information included in this report was gathered from the following sources: • Commonwealth of Massachusetts State Building Code 780 CMR • Architectural Access Board Regulations,Massachusetts 521 CMR • Conversations with Hobie Iselin, Construct Associates,Inc. • Conversation with Anthony Patillo,Northampton Building Commissioner(8/30/06) 110 Pulpit Hill Road,Amherst MA 01002 413-549-5799 Fax: 413-549-7918 www.krausfitch.com • File#MP-2007-0022 APPLICANT/CONTACT PERSON Oliver Iselin • ADDRESS/PHONE 36 Service Center (413) 584-1224 PROPERTY LOCATION 332 PLEASANT ST • MAP 32C PARCEL 179 001 ZONE GB THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE NI dG FO) iLLED OUT /7....9, 19 Fee Paid Building Permit Filled out Fee Paid Typeof Construction:_ZPA-SLEEP DISORDER DIAGNOSIS&TREATMENT CENTER 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 INFO ATION PRESENTED: I 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 •mmission Cr 2 2cn6 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 the Office of Planning&Development for more information. 10. Do any signs exist on the property? YES NO 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: j-$n�+�A-t �--'-.4j �'��' S 1614/4-c Et- V r'.#--(L- , 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. i t (2 n This coon to be filled in J 6 1mby the Building Department Required • Existing Proposed By Zoning Lot size 41icir Frontage I Setbacks - • • "`i' / ` - side L: R: L: 1?-t) R: o - rear , � ( l Building height e I Bldg Square footage 16s� %Open Space: (Lot area minus bldg &payed parking) # of "Parking spaces 3 # of Loading Docks Fill: {vol-ume--& location) 13 . Certification: I hereby certify that the information contained herein is true and accurate to the best of my know? cfge. DATE: �I Zzi a 6 APPLICANT's SIGNATURE c„ �G. NOTE: Issuanoe of a'zoning permit does not relieve an applioanrs burden to oomply with 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 # File No.AP ? 2a ZONING PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: & `� 7k SL><✓►c( CaJ) ' `�l — �- `-1 Address: Telephone: 2. Owner of Property: '1 f' r ` .1& Address: 0-14 �k/4- �-`°� 17-0 . N (Telephone: 6 I 3. Status of Applicant: Owner Contract Purchaser Lessee _ Other(explain): • 4. Job Location: -137- - -?J`I TX".4 't -Ott Parcel Id: Zoning Map# Parcel# District(s): G g (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property V4 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): )1 So t rJ 'DU}G w d J)S A-f-- 77 G-✓ J r 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 Permit/Jariance/Finding ever been issued for/on the site? NO DON'T KNOW 1/r YES 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 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) Version1.7 Commercial Building Permit May 15,2000 SECTION 10-STRUCTURAL PEER REVIEW(780 CMR 110.11) Independent Structural Engineering Structural Peer Review Required Yes 0 No SECTION 11 -OWNER AUTHORIZATION-TO BE COMPLETED WHEN " OWNERS AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I, i_._...._...._........__...._ N-t.°t..,^ __.�...-.._y.,_,__,as Owner of the subject property rmm-)--),A hereby authorize _._._.,.w_.�S G l,.'"�____.. - ��_r_A_ .___�_._,__.___.. .__._._____. ..._..._._.. ._____.. _.... _. .to a my alf ' ers relative to work authorized by this building permit application. ignature caner Date fF 11 v ,i e _ !.._'it/!�'4 ._....._.......,_ ...._ ._. __ , as Owner/Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and belief. Signed under t _pains and nalbes ofper urr i c Print Name , ��� � „, /--) Se /L ,� q 6147 6 Signature of Owner/Agent Date SECTION 12-CONSTRUCTION SERVICES 10.1 Licensed Construction Supervisor: Not Applicable ❑ ��_m ._ .__ �...__ .. .,, ^� ._.. _.__.__.__.._._..__._.. Name of License Holder: O A .!� / , O License Number 3b i. . ' _ . _ �N _ i 1 � -I� ©Co,..-- Addr 6/ Expiration Date ig ature Telephone SECTION 13 WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c:152,§25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. IP Signed Affidavit Attached Yes 4 No 0 . Version1.7 Commercial Building Permit May 15,2000 SECTION 9-PROFESSIONAL DESIGN AND CONSTRUCTION'SERVICES:-FOR BUILDINGS AND STRUCTURES SUBJECT TO CONSTRUCTION CONTROL PURSUANT TO 780 CMR 116(CONTAINING MORE THAN 35,000 C.F.OF ENCLOSED SPACE) 9.1 Registered Architect: . a>� �� /�4-C/1"...„ R,bus fi i'�N /�alt 1-t i s� Not Applicable ❑ } Name(Registrant): f s Registration Number Addres l iMl�► rw � ∎ IS Li l 'P-Rq Expiration Date ignature Telephone 1 9.2 Registered Professional Engineer(s): E. .� __ _ .µ _ Name Area of Responsibility P nY I t J Address Registration Number Signature Telephone Expiration Date ` E Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date I _ 1 Name Area of Responsibility Address Registration Number Signature Telephone Expiration Date ,_ ._ _______..,_.._ ..._.__ i Name Area of Responsibility _ _ __�,__ ___µ_ _ _ ,� _, _ mmT Address Registration Number Signature Telephone Expiration Date 9.3 General Contractor i Not Applicable ❑ Company Name: Responsib'e In Charge of Construction Address "s : zZey ; y m1 Signature Telephone • Versionl.7 Commercial Buildin:Permit Ma 15,2000 City of Northampton Building Department '...- 212 Main Street , 1 Room 100 ,, 2006 ',--4■1orthampton, MA 01060 _ . - --,)-, phone 413-587-1240 Fax 413-587-1272 1' , - ; , . S ArPLICATION TO tokS-TRUCT;REPAIR,RENOVATE,CHANGE THE USE OR OCCUPANCY OF,OR DEMOLISH ANY BUILDING ' OTHER THAN A ONE OR TWO FAMILY DWELLING SECTION 1 -SITE INFORMATION 1.1 Property Address: This section to be completed by office I 3Z - 33 L/ -14- I Map Lot Unit / Zone Overlay District , -------------------------i Eim St District CB District SECTION 2-PROPERTY OWNERSHIP/AUTHORIZED AGENT 2.1 Owner of Record: s'D rs, 1-16.1 r L e;4-,,,„.,___ _ ------1 I i I— If r ...+-s. Name(Print) I Current Mailing Address: Signature 0 .2F-64.---L---..--„- Telephone q i,7° ■ — — f ----I 2.2 Authoriz d Arnt:____ 1 i ,_....., ......________ .._. ..._ -, 1 4 q _ ___....... ..?„.. Name(Print) Signature 4- 144(----t2--- Telephone SECTION 3-ESTIMATED CONSTRUCTION COSTS Item Estimated Cost(Dollars)to be Official Use Only completed by permit applicant 1. Building : /t c/i -1 - ' (a)Building Permit Fee j I , l __ 2. Electrical /6 ...--• 1 (b)Estimated Total Cost of l Construction from(6) I 1 .._ 3. Plumbing ii —N-,.. --- Building Permit Fee 4. Mechanical(HVAC) I ....! ; 7 1 - 5.Fire Protection 6. Total=(1 ÷2+3+4+5) 7.0 Z- 143•9 Check Number 'This Section For Official Use Only Building Permit Number Date Issued Signature: Building Commissioner/Inspector of Buildings Date F- 16°19,o6 3 1-7 5-e BA5-7-6 ii/tf Afr File#BP-2007-0280 APPLICANT/CONTACT PERSON Oliver Iselin ADDRESS/PHONE 36 Service Center NORTHAMPTON (413)584-1224 PROPERTY LOCATION 332 PLEASANT ST MAP 32C PARCEL 179 001 ZONE GB THIS SECTION FOR OFFICIAL USE ONLY PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE `} ZONING FORM FILLED OUT Fee Paid Building Permit Filled out Fee Paid , :,:± Typeof Construction: CONSTRUCT 1,658 SO FT COMMERCIAL BUILDING f New Construction Non Structural interior renovations ' Addition to Existing_ Accessory Structure Building Plans Included: Owner/Statement or License 039073 3 sets of Plans/Plot Plan /�'��G� THE F LOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON I F ATION 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 Co ,. .ion Signature of Building I ficial 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. 4 4`TtUMpz, • OrixD11tpII11 ►� _*°_ ttji AassadpI etfs DEPARTMENT OF BUILDING INSPECTIONS ` ., INSPECTOR 212 Main Street • Municipal Building Northampton,MA 01060 ,y S October 25, 2006 Mark Naidorf, President Cherry Realty Inc. PO Box 10475 Holyoke,MA 01041 RE; Your letter received Oct. 17, 2006 Dear Mr. Naidorf, The parking needs, compliant with Section 8 of Northampton Zoning,that are generated by the use (miscellaneous professional offices)were closest determined by the Building Commissioner to be that of hotel, motel (Establishment plus one per sleeping room). The application shows four spaces that are compliant. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: Senior Planner C. Misch , City Solicitor Janet Sheppard, Dr. J Fleitman Mark Naidorf, President Cherry Realty Inc. PO Box 10475 Holyoke, MA 01041 413-536-8888 Office of the Building Inspector Puchalski Municipal Building 212 Main Street Northampton,-MA 01060 Dear Anthony Patillo, Building Commissioner, I am writing asking you as the person charged with the enforcement of the zoning,)rc finance in Northampton to enforce such ordinances against the owners of 332 Pleasant Street,jay lleitluan & Mary 1_,ou Stuart, and applicant and contractor Oliver Iselin. Building Permit Number BP-2007-0280 Project Number IS-2007-000425 is in violation of the city ordinance. 'Me Permit is to construct a 1,658 sq it commercial building with three parking spaces. 1_ihrec parking spaces are inadequate for a commercial building of 1.658 Sc1 f't as shown it_t the table of parking within the ordinance. l am requesting enforce the law, and that you slop this construction. Fours, 4. 11' alUip 'M-lark Naidorf, President i (sherry Realty Inc. Property located at 304 Pleasant Street Northampton, MA 01060 Off-Street Parking Regulations USE In Central Business In all other districts One space per: One space per: Any dwelling unit(including residential component 1,000 sq. ft.of gross floor 500 sq.ft.of gross floor of mixed residential/work space),except as noted area,up to a maximum of area,up to a maximum of below one per dwelling unit two per dwelling unit Multi-family dwelling for elderly and people with 2,000 sq.ft.of gross floor 1,000 sq.ft.of gross floor disabilities,lodging house,dormitory,SRO,and area,up to a maximum of area,up to a maximum of halfway house one per dwelling unit for one per dwelling unit for multi-family dwellings. multi-family dwellings Theater,gymnasium,auditorium,church or similar Six seats of total seating Three seats of total place of public assembly,with seating facilities capacity seating capacity Automobile retail,sales,rental,service,and wash, 1,000 sq.ft.of gross floor 800 sq.ft.of gross floor and non-auto retail and service establishment space,including outdoor space,including outdoor utilizing extensive indoor and outdoor display areas display areas. display areas. Hotel,motel,bed and breakfast(see restaurant entry Establishment,plus one Establishment,plus one for associated restaurants which are open to non- per sleeping room,plus per sleeping room,plus guests) one per 400 sq.ft.of one per 400 sq.ft.of meeting rooms meeting rooms Take-out restaurants(establishments selling foods 1.4 seats of seating 1.3 seats of seating prepared on premises,where consumption is capacity,plus one per 100 capacity,plus one per 100 primarily off the premises) sq.ft.of kitchen and sq.ft.of kitchen and waiting areas waiting areas Sit-down restaurants,bars,and nightclubs Four seats of total seating Two seats of total seating capacity capacity Commercial,retail,personal service,professional and 500 sq.ft.of gross floor 300 sq. ft.of gross floor business offices,including banks,insurance and real area area estate establishments,but not medical uses Medical/dentist offices,and transportation terminal 400 sq.ft.of gross floor 200 sq.ft.of gross floor area area Manufacturing,industrial,utility,power plant, 1,000 sq.ft.gross floor 1,000 sq.ft.gross floor warehouse,storage,or wholesale establishment space space (calculate associated office with office use) Hospital(excluding medical offices and uses which 500 sq.ft.gross floor area 500 sq.ft.gross floor area are not part of the hospital definition) Kindergarten to 12th grade schools,YMCA, 400 sq.ft.of gross floor 400 sq.ft.of gross floor community facility(City building,recreation), area area library,museum,funeral parlor,and country club College,business,trade,or industrial school 200 sq.ft.of gross floor 200 square feet of gross classroom,laboratory,and other teaching areas area(no parking required floor area(no parking for on-campus 300+seat required for on-campus auditoriums) 300+seat auditoriums) Mixed use Sum of various uses Sum of various uses computed separately computed separately Temporary and seasonal uses in unheated outdoor None required None required space in any business or industrial district Any permitted use covered by this schedule Closest use determined by Closest use determined by Building Commissioner Building Commissioner (Amended 3/1/84,7/19/84,7/28/86,7/19/90,8/15/91,6/17/93,7/28/93, 10/6/94,4/18/96,5/7/98,& 8/18/2005) 09/19/06 8-2 t I# yin ,.. >Y °-" 0.._: ; t ° I • I e , > m�� °, R '}� m . o oo 1 8,7, Hill 05; i AO 6g .kri;:, �l t-,$ i - . I \ -— — —1 r 49 \ / - \ - _� / I I z 1- � ji i 1 \L F ; I� / I I 4 r J// f 1 I I I _ \ �/ 1 4 \ \\ // / 1 T I! \ °s Q . Z I b \\:,,,\ � H A I l l' � m 0 1 — vI \\_ 1 1= -I / 1 k m o _ o El L-{ I .I �. X- i IN r°, 1 , - - NM 1 I " s I I — 1 - %--I j i o001 I 28 1 - m ,, ra+rz' -_—-—-—.--— sus so•-10 m•• 7 z_ or� ti r �I 1 14 ° �� I m mA 6 f � mAQ m -y 'v v-m 3 °5g t7% A z r A o vLi. �I �� g A .._ _..- _ >Y *. r � � g� o K m o s 4 n w gx E t E4V bon�95P m € mF iI°; aj a Pg g " ii Illll= o I I m I > F Z No 0 4 Z m py N b o me / ° - ? �m „-1 ^ m f z " o m X o N I 1 _ ° 4,1 F - ... f p' 1 11 , 11 ll I Izzz it Cl, I 1I !, 1 O 3 o C = C Df y DDC! . , III I a a Cl DC DC I N 5 3 a 5 CD 5 'CO N I IIII CNN O N N N N N N N N N N N`N N N N N N N NIN W.W W W W C C C NIN N N N N NININ N N W,N W m, W WI N�NN N NJ :N CD 0'0.010'9 019 91010 0'999'9999999999999999999191910 9'99'9'.9'0 5' -0 J,J'J V V.V.JI JI-4 J V J J J J J J J J J J J J J J V J J J V VIJ1V J V'V J VI V'.J'J 5 J J 1 V I V J V J J J'(D (D(D O'(D CD O CO CO O O CO O 0 CO (D (O O (D CO CD (O(D (D i(D (D I(D',(D(D (D tO I O 0 O.O,O O 0O 010 0 0 0 0 0 010 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 010 O;C''O O O 0;010 ' O'O O O O.0 0,0 O O O O O OIO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C.OIO O O',O 0 0 O.0'O I I I 1 O 0 0 N) N)C)'0 N)(7I CD 11 CH(OD CO (OO i(OO CDD (OD!(OD'CO CO O I N l o o 0 0(71(7(7 1 N CO, CO CO W W W W CO W W W W W W' (D CD CD CO W W CO C CIC (JIG), 'W CO 0 0 N CD O o o o 0 0 N 0 o o:N o,o o o N N o N p CD p p p (D 0 0(7 o o J L C)'o ' W:N 1 N N �I (D (O(D (D tD!O(D (D I(D(D O (D (D (D O I W W W W W WIN N N N _ -+ -. W J V 1 N(n Ot-0 0 0 I(D(D I(D(D (D CO(O(O (O (D (O 0 O A W W W -+'� Co CO Co Co Co Co Co co IT IT A W O W I O c0 (O PIP (D ND(D PIT (D (D tD �O (O (D (v v J N 1 co J a>1 Cn I O 1 V O(n A W N IO 0 0 010 OO O O,O 0 0 0 O O O O O 0 0 0 0 0,0000000000000 0 0 0 0 0 0 0 0 0;00,0 0 O O..o.O,0 10!0 0 0 0 O,O O O, 1 . . O O OO O:O 1 �I�I� ._.I-I_ A A AIW WIW N NIN -, O 010 N N -.l„ I 1 zI D'0 01m!,m,z1o10 D,d,d d m > > > D d d I ED 3 CD 0te0 - - mm -u�. 22 CO 2122 I I ISmmmmmmm Z 0 r r MO 00 O O O O m m r r m'm m G)1�1-1,-.I'DID O > > > ? CD 5 > D.D. 0 > > > > O r r p r-r r rlr1r 0T m,m m m m'm m rm'10010'(n1(n(,L'6161515IS 5 5' 5.5' 5 5 55-555 > 00OOO 000'015151((1)(Di)ai 0m(D1) m < T. T.IZ DI >,> DDJ1C �,n(n tO CC(0 up.. z T T m T.T.T.T. ,1, ,!>..!> D D D'D'D <(nlmlm'I-Z-1-.C< DID O o 10 0 0 0 0 0 0 0 0 0 0 0 o C m m m m m m m m CI�,� �'-ZI -zi z-1 m1�.-1-11_ii1-�I'm mimlla alala a ala a a,'la a1a a a a m--11--1! 1--i--1-1 -1,-(1-1I (n'U](n V11Cn(n'.(n 1 1 0 01 Ipl 1 OIOI I TI Z 0'0 7j i'-rT1Im O D m 115 5 115 lie s> > 7,7 1I m-'m m CD J =_' 1111 =1_ '. _ 0 -1m m'm m * m m m T. r!cnm 0 0 0 0 000.* 3 3 co 1 0 - 0 0 0 -m1C'C 2 A-< A m -N T,CID p''m'Olo)1, D,C 110I5 I,0 F. .7.,> al I?�_.> R. > 5 T c -i -I--I-Oilm 1-,7.0 0 0'0 G)0,0 O'D _?.1701K,01610 m O.5 1> >15 'I�,19 > > " ' 9 S m m 0 0 010 0 D,2 0 0...0 0 0.0 01 nm mp ' IZ Cn V)WIC CCCICC CIC�CICC co C co 0 4 C)Z Z Z Zm Z) u 7) 2) I A T 0 �'Ir�!Di '0 0 0 0 0 0 0 010 D0 0 ¢4 0 010 0 0 0 fa, 0 m D Q. 120,9,, ,6 O'II 0 0.0 0 0 0(9 'N ''-c 10--1 D ]Nola 1� m O r �1 N1_'C_ m mm m m m.+D �, 7) 0 Ia a,ala o.a a aia ala a a (n K D D DID 0:,0 * * ** * * m , 0 D!ZD'' 10 O z,T I 1 1 S z o S'2 m ilz,,Z ZI> )Irl z 1 IZ D D Z Z Z O IZ 0'.0 0 0'.0'0. O m Z Im' N N N N N N ?i'r x'iz1� D''',lirzn 10W , 11,0 m'D 71 23 730>7I�rN_v.1m m.0 0 m m m'.W,,m 'm =I p r(nID m (n r D rlr � D'I r(n(n r r r m Oa 1Z'-,Q a° m z1 S I ' 1! P' 5 7 0 0 1 m' m m " �'_ 0 m 0D,O1, D I 1 ; - DODDD -1 S2 '..O Co D' !C'7'''l 1�' Iv;P D O O 2''. W ..p W W W p'Z) oZ�,I 101 1 1 WI'm pI0 l� pD,l 'O Q'fMT1IMT1 �'D r F ' I ' I� IN 0 QN Si 1� I=1 111 3'1 ! I �' .r, -0 m A N m,0 N 1 1N W N N I I 2 S S S S'S m m m 'S SIS co WI '0 -40 0 0 N » W CO Ut O 0.01 - 011 j..N 0)13 3 D)'.D) 03 3 . . �I3 3 3 -1 m cD 7:110 1_ 1°DIJ O.J:O O o N N N J.Q7 1A,0 A O O '.a a s 7, '^, N O 7 cc' C* O CO ,2:co W o m W!Z1m ml5 5,513 (D'151s,Is 7-C C CD a a a O y1m p S 'III >10 -0 -0 m > > > o m Z 0'O J x.010 rlr,�I-<�c la 515 m D) m DD) DD) DD) 5 5 > A r Olo O O D'IO r'r r D D D r r �11�'xII�Di�10 D'A10 0 0 0 0110 v vh a v 2a = < <.,m--,,m�Im 0 0 0 0 DD D I I I D D -�IW (n D(,I< D�0 ' 5 5 5 > > > > > > ° > > -1 -1 -11 !m D�� -1 m m 0 m DD`(Z zz)'.D I-1:! '.�1�C I< -CDm1°m m m m f 010 F o ol5 CD F� D -IO02 l 50;00''-.�000m�!-1.2 5 #, -i H:m 1 :1 1., > > > > j 2 2 S I m -1 O,o -1..-1 H -1,-I W : : I S S 2 313 3,. r a Dm 2 S S= m !I - - - O =O O r 0 0 0 0 0 DID( >I>'> >1>i>.� m nI__ 'DiO O OIO 0 0 0.0 0 0 0 0 0 0 0 m z z m z(n z z z 2'S 2 2 S',2 m m m S S S m Z z zlz Z Z 0I 0.7 7 7'0.117 0 0.,0 -11-1(n(n ICnIU'm!m < < <I(nl 1 m'I O O O O O O O O m'-I 2 -1 H',-i -i -i r;r r m mlml-11-11-11-01-f H 0 0 0'--+'H AI:-iIT AIA Z A A,-,..-i CI-1- - � z.S S c 1 2',S 2 2 m m m mlmlm.212 S S S S m m 5121,2 =I C3 S'S S 2'S S 2.2 2S 2 D D 7) D D'D D < << r1rlr;D D D D D D Z,z Z D D D'D =1-' D >1-n`OID D D D D D'D.D D �1�I�ID'� �1� O'0I0'�I� K K K'<!< < �1� 5 K1 -,-1 '�°1- -1 -I-ml --I-I'C-C-C- -I m m m �i m mIr m m m m m -0 13 m m 0 0 0 0 0 0 H 5 10 O'p110000000010 0 0 0 z z 01m10'0'0 z z OIO O.O O OIm rnIm O O O O 'O O. 'Z 1 1 Z: z'I< z z l z. 'I 11zIZ Zz,z z Z Z Z Z ZIZ' IZ Z z:z z ZzZ'''Z > > > I 1 iD >'> Z > > '> I i > >I> > > >I> > > 31 I IK>I >! N D,D -<,>!>!>!>,>,>'DDD 1 DID1D 0010 DIDID D D1D1D DID >, ID >.> D D D'D�'D D D D'D II 1 1 I 1 1 N..ol0 00'010 O C0 oo o'l o o'0 0 0 0 0'!0 0 0 0'!010.CC C 0 0,0'.0 0'0'0 0 0 0'0 0 0'0,0,W10.0 0 0_.,_.,•-._.,-1_...,_..;_.!_.1 0, , 01 '0 '0 0 0 0 010 0 010 0 0IC CO i o'ol„'ol0 0''0 0 0 0'00 -. Q)',Q) J O -4 CO O)'O) W'W W WIW'W NiN N'N N N WIW W,N O O O Q) 0!0'0101 O,O:0 J -.1 -4 O O O -, -,,C,./10'T 010 O U1:CO U) O',O'O -4,-41-41-4'-.4 V (D C°I(DIJ 0 0;0'N IO,O1(n 0 0'.0 0 CO W W O O O O. ' OIOIO 1 ' 1 0 '.W' A AIA I, f 0 : '0''0 I I 10 I 0 0 0 0 0 0! 0 0 0 0 0 0 0 0 0 0 0 I 1 C C C I C C C C C C C C C C C C C C C C G C v gv1 a-0--0-0-0 -o n -on vpp vga•N N N Iw iw N N N N d 1 N 0 N z)-0 N N N N N ! NIN N m m1m m if Lai NIN co N N N N N N N N N W no W W w1I N N N) N N!Ni N NI NI N NINININ co N NJ N N N NJ CO NN) CO CO NJ N NO NJ co N1N W W W ' W i ld W W W I W W '4(4 co co W W W�U) N'.N N N:N N NJ N NJ N N NO N -N N N',C op C) 0 00 0 0 0 00 0 0 010I019I0 0 0I0 0 0 0 0 9Io 0 0 0I0 9 9 o 9 9 9 0 0 9 9 0 9 0 9 o o 0 0 0 0 0 0 0 Q _ _ _ _ _ _ _ - - (1) 0 1 0- ,'1 J J J J J■J 0 -.4,.....11 J J 0 J J J,J J 0 0 J J 0 J -,--1 J J 010 0 J J J J J J J J J 0 0 J J J J J 0 0 0'-,11-.4 J I,a P N '0 I(0 1' 'P �D CJ I C°,p I(0 co I p!(0 N O I�0,ND I(D co cD ' (0 O O (D I�D �0(D (o CJ P' �0 (D P�0 P �D �0 �D P cD P P �D (0 �0 (D PIP TIT �D 1 0 0100000:000!0;01010001010000001000100000000000000000000000010 1 :0 0 01A 0 00 0'000,0 0�01010,0;000,000000,010000000100000000000000000000,010,0, 0,N I (N' rv'I� rvIry r',In) j N NIN1I O O O POINT N N j )) CO CO CO NJ IN CO N NJ co co co N N'N N NJ NlNJ CO N CO N CO N CO CO CO KO CO CO NI OD. co co W co co W (4 w co co w co (4W W (41W NJ N NIN N'. N N N NI _ I, _ _,nn 0,00100 9 1000000000000000000'.0000900 C)0000 00,0 , 01JL J J 0100 JIQ) S'1-7,1171' :A A 7117,A'71 A A A A �'A j 71717: A A A A j A A A A 717: A A A A A A A A A A;A --Ii OI(DICD J 0 (WIMP N N �D 010 7'(n N N,Ut (n (P A W N 1. 'O O O O O O O Q O 0 0 0 0 0 0 oIO J 0 0 0 0 0 010 O O 0,0 0 10 0 0 0 OI,O!O 0 0 0 0 0 0 0 8'88 0 0 8888 0 0 0 0 0 0 0 0 0 0 0 0 OI0 0 0 0 OIO T 0 0110 0 0 010 O O 00 OHO O O O o0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 010 O'0 0 00 N -+0 NIA';W N,� - CO NI-. O CO 0 J 0 U A CO N --, J 0 (P A W N-. O O CO J 0)I Vi AI WI,IV n . ! 1 N I m'Im'o olo. DIm I33c)c)0000c)c)IQc)Omrnmlmmmmmmmmm Im',r -01313131313'3 3 �3 m A ,K 3 3 3 3 3 3 3 3 m rn-o U r m m r C-0 13-o U U C T r r11 r r r r r r r r r r r r r r r r r-r r r r r r r.m r rim r m m 010,010 010 0 010 0 m m 0 0 m m m m m to DIDII,!D OT 010)1g1(/)T D1➢r-r�:111-I==1-,1-r-D Dr- N!N I-rm-rm-I-I-I-I-r- D co DID D D D D(no co D D>,>,>,>,DIO H i-zi',m,,HIm 1m 1-110 -1 -i Z -I DIDIID D > > > D DID -I H➢D DID D D D D D D D D D-Zi H H H H H H-I-I H H H H H --C-zI -1-zi'= (n U).N co N'N N D U)(n co Z,Z Z Z Z Z 7 Z 7 7 co co Z Z Z Z Z Z Z Z Z 7 Z 7 Z N N 0 0 0 0 0 N N N N 0(1)10,N,N N N. 'I 1111 11111I< -1,-1.-1. D!DID D D D D DIDID 1 1 D D D D D D D D D D D D D 1 1 -1r1 1 1 1 1 1 1 111 -I 1 111 1 1_ ! Im < <II<< < < <1<l<I< << < <<< < < << < < < 1 m m m m mlm m m m,m1 I m m m m m m m m m m m m m 1 u # ik ik # # I it ik it ik ik it### # #ik I I I A A A A A AI I j W W W W W W W W W W w 1 ( j • 10 01 A W N I (0 CO J O CI)A CO n1 I I ! I =Ilm1m III IDIID D1 X';p,0 .m> >I> 10 0> >>> >> >- >- >>0 0 Z 0 0 Z>TIC'0>XI0 C 0'>0 Dlm 0 0 0 0''.O _--. I _ _ I I _I_ 3 (1)D mI DID < < DID 3 A < < m m r-010 0 D'C10 D 0 01 rrr 0 0 0 0 0 A�0 o r NT_ 1 < mm 0 3 3 0 .1 o A D C C C 11r1D ?,1 m r rIr r N- r1A A C r r rrr r r r r r' T C 0 A A <0 0 ,` 1;OIC m CD N 3 N A lmlm m m!m !(_ A m m m m mIm z z -m m rn mIm m m m m O G)O z � r z �D 0 >,- -< p11I-I m 0;MN H,N O < '< « <1<1 1 Z-<«-<<-<-< .<<I I c S N m Z')1m N C Z z D c m m 0 p1m'0 O N m z m „-11-11-1Z'2 2'mID,3 3 3I3 3i2 10 313 3 3 3 3ID D D D c T.o C1c-c m 0 m Z N Z.0 A:m Z 3333c _ 0j)-0 ITIS m!m m1D D1< `S z A,rlr r r r r D D EP, r r r r r 1-1- r r A A m 'a > 31010 T0. r r>=IZ N TIN 0 -i0 0Z', r1D r1)>1.-1 010110 r .< AIc m11r.r,1r r rIrIA A A r 1-[1-N-.r r r r I I-I H-1 1 A W r -1 -< Orr_, 0 MOTE 0 0 A'1 Tr,{AID 0 DID DMZ AI I- DID DIDID,DD m m DID D DID co co D DO 0 0 O'1 .ml _ = m `�) <D A 5;1_,>;„,03,11) ml MI W m1-< A ( 1)0,A1.0a,� IIZIZIZz Z Z N N 0 Z'Z Z ZIZ Z Z Z Z S S 2 2A <�1D.* -, D 3 D Slp O A!A H DI■OI>O Z T m''m m r,m m 0 T,TITIT T T A A D T.T T TIM M T T 0 0 0 0 1, y A Z D W 3 Z -{.0 -�.. 1 A 11-0-11-N-rrr r rir r r r r r r 1 T Iz ,7 '<1 y �,A'-I10 0 0,9.11--I,0AI� z '0'0'0:0'010 1 fi°IK C)-010 0I0 0I0 C)0(Cnl(CM(Ci)0 , p CO � N I OA T`'tn r 0 -n -.m 3131 SI O r, a. R. r W 0 m1mR°171 S`.N '>I>' 1 ' z z z z m D R° 0 O. 1 1-,m'>1:--- - z0 0 0 1 I N m N m N D'1D1N r 0 0 ,1z11Z 1C!C'C C '', R° 1' ZOI O' cD o m.c'mm ➢'mIm w m m1m11 =!__= D Z >> > 111 m 0'' Z' DID, O O O O A m1 'DI N ,A 1 '._ 2 T r I -AAA 11 1 1 I HI r I" 1 1 I I ! ,<<<< �I y. , - I I I I 1 I I I , I 1 III ! 11 - I A (P IW U W,Tim lm v N'I. W �O 010'0 o o1N1I j CN-1 010 0 0 0',00 0 co co ccoI(ADI(AD -1:1G,j N 01 o,(n N th i1 j L �1 m 21-,010 co T T 0 f O 011 w w w wN w (wniuwi ll uwi w 1D O 'DI 0 DID D v .aIWl3 m 3, 3 313 m om)0 3 3 3 3 3 3 3 3 3 0 0 0 0 0 l m D (AD, 1 J 010 a-ci A t7IA W r I r r 0 D w 0 D:DID D DID r,r Z> D DID D D > D D r r r r CO 17 m -0 A D r 1,1,'ra'ro '71 I� �'�1D 0im 0,210.O m,AI;O Alm m Z_ *AIA - A A A 0Ip N A A A A A A A A A 0 0 0 0 O m m m 71>m m m m m�'m rn m1A101N 3,..�1><,>I<,<,<1>,>,I , IO N r'ImIT,M m m,m A!A U)m m m m m m m m 7IU)N N N W D DID!TI=T D D D D D 0,D D >,70: mmmcnlco' D I mm1 0000 co cocoA - cncocn(n(n (n(n(n 0 0110,0 01>l*:*,*,DID mlzlml r-II1I111 11-i z z, 1-I-I -1 11 1-I-12 C C C (N D D D 0 D 0 D D D D D D D D m1oW! �'oIAI-z-�I>'> ➢z1H, N m,,HIH1 H1 H,-IHIH00A,HI-Ni-N-NHI-NHH-ImHzIzzz HH - Au3i mzzz -HIO -zi,H1-1100, N O'(n!a '<i< < �, 1 im'm O 1 1 1 1 N rn m1m N NI - A Al I NNNN N U)N m N N N N U) N U).U)I-1 �. 1 �I Z 11, p 1,p !1 111 1'1 --I -I 1 0 -I 1--I-I-I 1-1,-1,-11 p'' �'' m I ,I 1 u * ID MI Im(0010.W;N z CIC 1 0. 1 1, IN -' -I ziz z Z,z1z z zlz1lz 2 g,1)z'z zIz z w Z z W N m(n S Z Z'Z Z Z Z Z ZID 'n1Z Z Z'Z1Z Z m1'n Z Z ZI !Z,Z Z ZIZ Z Z∎ Z Z m O11r 0 0 0 O!OIO 0,0''O0311r 010 OIOIO O r1r:0 O0'IO,O O O 0'0 O 0,0 0 0 0 0 0110 D 0 0 0 0 0 0 m10 0�.0 0 r a c CIr A,AIAI1 AI0 2:1,1:`-'I A AEI AIAIA_A'0101- A'A1AIA A A A A A -!-AAA A A1A 0 0 3 A A A A ) Z A A'A A 0•< -1,170!--P-< 1,1'.1 -1-1,-11-1H,..m 1 1'111 1.1; 11 1,1 1-i-i-I -I.'1 1 111 1 H-I -I 111 r A m H 1 1 1 HIZ 111 -11-1 A.. Tm,.I O1S'SS 2 212',,2 S'.O UIS 2 2''2 SIS m m 2 III SII 2 2 2!212 2 2 2 2 2 2 2S m D 2 2 2 2 2 z1212 2 1M m,ym 3 ��> 3 C11C1C131'11�Im1C 3 3l3!O m 3 3I3 313 >I3 3 K 3 3 3 3 3 3'3 ��W 3 K K 3I�0!>3 > � m�'', 0 0. m -0,mA U-0'1010 m -avvly -U mm1m -cwo7.m-o -o mmmmv-0-omm mmm-o -U0-omv -o r r -1 11-1 -1-1,-1,-11-I -i -I 1'1,1 1 -i 1-1,-ii-I -1'-1 1 -I 1 1 1 1 1 1 --I I1 1 I-I 1 111 -i z 1 -I 1 1 m m ,0101,0 0 010 010 000000 0 0I0IO,0 0 0 0 0 0 0 0 0 0 010!0,0! '0''0 0-,0 01 0 0 00' <, < Z ZIZ z ZZ...Z Z Z Z,.Z';ZIZ Z, I Z ZZ.Z1Z Z Z Z Z Z1Z z z ZIIZ Z zjZ'.. zIz Z Z Z1 ZIZIZ',Z, D D DI DIDID D,D D D DID D1D D D D D D D D D D D D1D.>,>[>[>!» 1 - _ _- 313, 33'.U) 3 3 3 3 3 3 ➢ ➢ D.3 3 313 13 3 3'' I r1 D D DD D D.� 3,3 3 3 3 3 n 3 3 3 D D D D,DIDD DID > > 11 I -< m Ali 1, I I o.O o o"o o!0 0 00.0.0'0'0 ,-, 01 ',0 0 0 010,0 0�0�10,0 0�0 0 ol0Iololo o'0 000I010,0'0,'.,0',0 0 o1N 0 0 0 0 0:010,0.0 0,010,0,0:00 0 0 0 0 I0 N) 0 0.0 0 0 0'0 0 o Q o 010 0 0 0.0.010 010.010 0!. o.o o 'O J 0101- OHO) 0 0 0 0'10) 0110,0),0 a 010 0 0)10 0 0 0'0'0:0 0'10 a a 0'0141 a a O'0 a a CO 0 CI)N 010;0 a O O 0,0,61 a 00 cad,l(n'- O O 0'0 O'O;-+ OVA,N10 O OjO O O N N OI O,O O!O OIO 010 O 010 OHO -CIO O O UI O O!O O O 01-,OI OIO O N0 1 co, id I (nl N 1 1 � 1 1 J • .E1. .' I ,, SJ ' / \ o \ K ,/ \\ \ ch(. •,•., / / \ \''''': ''''',. „,/ ''' \ \ isy 2\ . ti 3.0\ .1‘.., e\' •,.t s \-\..\\'\5ft's(,,,",,.,\\C_•1;,•.,,,•.`.„•1,,^./X„:•,•"•\'-:',, •;:.\\,,5 te,„...; \ ,, / \ , ): ,\ : X \•\, w / S\ ". \' \ ' \ \ ”„ \\ `.: \\\ \ 3 \, ,"`” \ \ .../- „,,, cc:‘ 7 \ - , „-, - - ' . ...-- c..., .:\\''ff*''''to ---- ,, .„,....-A. .:-...c .,,,,,,,,- „,,,„ c., \ :2, .------- ''c,„,„48''0 ,-,"'' c-c ,4 0 ---- ii::: ,,1„. ;------- s s,l''' ...-c„,,,, .c., :, ,c: s ''',....\-----*5 '"--,,, \ 0 \ -,--------- ., -------\--77A1 \ ..- -,, _.: ,.....,,•,,.,________------- -,,,,, , c•-c, x;---, ''''' S „,,,„ ,,,_ . ----- 1 ,,,m .-•••-"-V' - kl' \ , i,' ..•..4 ',• • k,„. _„-----`'*--• 1416 ,------ ' \ '.%. ' ...',.. .•‘ r*,: .5. , ..,, ......,„.... , _. \ \- a-,t ,,, ': -:, r” -,, 3 ..,( 33 3 3 , 3 3.- \ ,, -----.A ---. 0 -----'" ,„ 33 ,...., 3.3,- \ ; ,..i ......"' I h., r-- ,.., ., o , k..; \ 1.2 \ :::/,'"-1 \ ''''.' tr,„, ‘ --' ' r ',:, E'..7 ' c,':; ''''' k \ - •>::', . k . • , ,, Pi' 1•1 , '•.'" ',•• ‘ .'., '::',) -•,-,---'-'-''''' \ '. ',:: r;',Z ' \ CI „,,,,•••,' • .• ..t,„ '§ ,s,,,,,,,,,-•••- 1 ‘ .,•••---.. 1 i -,.. • , .-. „,-,----- i •'.'' '...),; ,•:\ I , -------- • :::\ g_.,''',.,_ -----'------------- „,,,,..•••'-' F• , L., .,, ',,,', r 4 NJ ' •E; „....-.---,-,.--- ., , „_„,--••••'-' ,..„„,,,,,,,,...-•-•„-• t ,:m.,---------1----- ,.,,z.: ,,,1 1.---------- - .................._,- ,.. .,_,,... A,.1 l',..' ...,.....‘,.....t.„.„,...,'' , .„,,........---- F 4, ' 4,.. t• 0 . ,.,., r>1 '-SS ”; Ca' I " 1 '-,' 1 - .., 1....-- , .„ _m--,-, i ' -- t...-------- i.---------r-------"Z",----T---- ,-:: „....- , 1 „ , , ,, (.7• •••••t P., t,, 4; 1 ' p.,,';.: j r.': k'i ',‹I .:, 1 I ....-C..' -9^ ,..., i 55555 I 1 -------\-I I 0. rrrtC,"‘-..,--:.,,• 11 ....:...: ..,, . 1,"r• e - :',1,,,,'‘ - '" \ \° iiiE \ e z r , a 3 , �Q O R � $1) ,,„,,,,,,..5 , \ 11 p t Yk 4 t, I: I 'I I L I I - 1 ' I ®i11®ii11111 1111Y11®sF� 11ao®°aaoo� , E0ag„1®.J,� . NEP I�® a° N n r. t i 4 WHAT HAPPENS AFTER YOU HAVE FILED YOUR APPLICATION? Generally,the Board meets the 2"d&4th Thursday of every month(with the exception of summer&holiday months).The deadline date for filing applications is one calendar month prior to the next meeting date. The application(with copies)must be date stamped at the City Clerk's Office prior to filing the application with the Office of Planning and Development. 1. Once your application has been filed, staff will review it to determine if the application is complete and ready for public hearing. We will schedule a Public Hearing for the next available agenda of the Zoning Board and place a legal ad in a local paper to appear a minimum of two(2)weeks prior to the hearing date. 2. The Wednesday, 15 days before the next meeting after the filing deadline,you may check the Planning Office web page,www.northamptonma.gov/opd/,public meeting notice to find out if your project has been scheduled for the next hearing. 3.Applicant attends the public hearing,and if all information is complete,the hearing is closed. 4. Once the hearing is closed, the Board has up to 90 days to make a decision on the permit. (Zoning Board rarely takes that long). 5. Once a decision is approved by the Board, (usually occurs at the same public hearing) the Board has fourteen (14)days from the date that the decision is made to file the decision with the City Clerk's Office. After the decision has been filed with the City Clerk's Office,a twenty(20)day appeal period begins. 6. Once the twenty (20) day appeal period passes without an appeal being filed, the applicant must pick up a Certified copy of the decision from the City Clerk's Office and record it at the Registry of Deeds. Permit is not valid until recorded. 7. Proof that the decision has been filed at the Registry of Deeds must be brought to the Building Department, before a Building Permit will be issued. The short time frame for issuing an Appeal is two(2)to three(3)months.The long time frame is four(4) to six(6)months. 4/6/2005 3 003.pdf 4 � 1 5. Check boxes below indicating that you have attached/included the following documentation: Ex Sketch Plan OR Site Plan showing abutting property surrounding site. [„'Filing Fee made Payable to the City of Northampton($200.00). Stamped,Self Addressed Envelope(s)to Owner and Applicant. El/Two separate rubberbanded sets of stamped envelopes addressed to each of the abutters within 300'and the planning board in adjacent towns.The abutters list can be found at www.northamptonma.gov/opd/.If within 300' of a neighboring town,the envelopes must include the abutters within said town.The return address of all the envelopes should be labeled as:Planning and Development,City of Northampton,City Hall,210 Main Street, Room 11,Northampton,MA 01060-3198. 2r printed list of all abutters(from above section).Number of Abutter's on the list is: ?f� 0 12 complete packages(original& 11 copies).Each packet must include all application material and be collated,stapled and banded together. vrZoning Permit Review Form with Building Inspector's endorsement&Application. 'Folded Plans-all plans of 11X17 or larger must be folded(If 36x24 plan sheets are included,they may contain 6 full sets with the remaining 5 at 11x17 size)and collated with each application. �fI understand that it is required that I take this application to get date stamped at the City Clerk's Office first,prior to filing it with the Northampton Planning and Development Office. 6. Narrative Description of Alleged Zoning Violation and/or reason for which Appeal has been filed. Building Permit Number BP-2007-0280 Project Number JS-2007-000425 for the construction of a 1 story medical building at 332-334 Pleasant Street is in violation of the city zoning ordinance. The Permit is to construct a 1,658 Sq Ft commercial building with three parking spaces. Three parking spaces are inadequate for a commercial- medical building of 1,658 Sq. Ft. as shown in the table of parking within the ordinance. 4/6/2005 2 003.pdf Submit by Email tit.----114.Wrir-FNQ ✓ `c-- 1 r 4i, O OG l °'4 � f 4 ,,,,� �V+ a Y ,(, k' - . CITY OF NORTHAMPTON - /OR C Oo d- _ ' (.1 ZONING BOARD OF APPEALS F ho, °- oa APPEAL APPLICATION ? �+AMrwM (Chapter 40A, Section 8, M.G.L.) ti Applications WILL NOT be accepted without all of the following information. - It is recommended that you meet with the Senior Planner to review application materials prior to submission.For an appointment,please call the Office of Planning&Development at 413-587-1287. 1. Section of Ordinance under which alleged violation or appeal is being requested Zoning Ordinance Section: S Page: 1) a From Building Inspector's Review form 2.Parcel Information Address: °33� -t-e ct tet 1■11- 5)(-e--.er Assessor Identification :Map#,Parcel#: 2"d Map#,Parcel#: Zoning District: C-- " ` i 9 (if applicable) Recorded in Hampshire Registry of Deeds or Land Court Book: Page: 3.Applicant's Information . 4.Owner Information MA roe._ NtP."i i7 i(Zc— , Pw,ide r!T" (if different from Applicant) Name Address 3o t.Ccs A,i-t r 5-1-4742c Pv 3 f 164-15 co Cat�3 Z, 51 c L� Hob,y©44.e_ n eik, cto4t PtO'cTl\ciy,tCW) , M -, b1b(c) Telephone m+3 ,536:,-gj686 4t3 5E3L-9to Email VI M ii-; DoAr- O. hoc- COrA Fax Status of Owner; 0 Contract Purchaser; Applicant 111 Lessee; g Other: A60 >fie(2, Applicant's Signature fl Date Owner's Signature* Date I certify: the information contained herein is true and accurate to the best of my knowledge; the above signed owner(s)grant the Board and its agents permission to enter the property to review this application; I understand all documents will be entered into the public record and will be available on the internet; I understand that if neighboring issues have not been addressed/resolved prior to the hearing,the Board will continue the hearing. *Owner's signature or letter from owner authorizing applicant/representative to sign on behalf of owner. 4/6/2005 1 003.pdf FOR OFFICE USE: Distribute to:Sr.Planner_; •DPW_(2);Fire_;Police_BOH_.Please review&send comments to the Sr.Planner.The tentative meeting date i •4th Thursday offait Feb. ;March April ;May ;June ;July ;Aug. ;Sept. ;Oct. ;Nov._;Dec._. Sae Mark Naidorf, President Cherry Realty Inc. PO Box 10475 Holyoke, MA 01041 413-536-8888 Office of the Building Inspector _ ,}v Puchalski Municipal Building '' ' L 212 Main Street Northampton, MA 01060 Dear Anthony Patillo, Building Commissioner, I am writing asking you as the person charged with the enforcement of the zoning ordinance in Northampton to enforce such ordinances against:the owners of 332 Pleasant Street,Jay Heitman &Mary Lou Stuart, and applicant and contractor Oliver Iselin. Building Permit Number BP-2007-0280 Project Number.JS-2007-000425 is in violation of the city ordinance. The Permit is to construct a 1,658 Set Ft commercial building with three parking spaces. Three parking spaces are inadequate for a commercial building of 1,658 Sq Ft as shown in the table of parking within the ordinance. I am requesting enforce the law, and that you stop this construction. Fours, i a nos '! 4111/1 Mark Naidorf, President Cherry Realty. Inc. Property located at 30'Pleasant Street Northampton, MA 01060 -� r : x +�•yr 9 ,..may--,.4-•,‘-.4-, l /P14,?..L/4,t, 4g1' fe:t A 1 cfrlf ;"*".' lit C4144(ttt "'' et44.1f -1;3/ .f...0%.-vsete4 .44 14 1 10n.. 4t1 fi-I"1. 1; a Y 11•iti #ft ..La.aa.■ ..,1, CO /V 44'L7f1 a' 0 6 °144.3 l‘iirr 'I'' It 6.i f . ,,. / ff� - 1 I � - - - 5 1 1 • ^ C I Y. // /44'4. A//,‘ i ; .,., •■.4,- '''r'''',-.b. 2 .'' S $( 1,; :PI S la ' Vi , i`5 1 r 4•411 t'.4S jtio, /1/ eie it AP4 air i / ......**' /0 Li, P4111 / ' 4,- "' '' '-":4,5,47 doe /?tit fil : . wit 4.--47 fr;:t,n/ , . .. + ► ..- ,(J12.-6:-? l'71 - ., 4. / 0707 30 D.t y! -rl�"�p ;r,�;..: 'c ', i ' t �a"� R a:'' 6'i e d /�+ i r H Yd o "1-P c+- 4 F1^cs f.' c�`—.7 I t 4 la's �:. f,'rt f` 7 Jecu.fe --7,4it.+ syiefi,f ..1,yc tat -.;. oc-e ,�'., _ r 1( ^ • .� x ":;,'': "eff t"Y" ' . fix*, .-•*-N .. , $ ", •' 2 lir' i I Y :',k S Y Y� y. .Y 3�� ' �',,.,tr. t,rd':_•i a.91r.:i t::•'3 "t- `,t i,•s1'jt S r tom `,?';'• M1} 'Y . ,, ,i ' :; '+ iI .4 ''''''''''')'''''''"P.--(.6'.'h- Syr-4. Y CF4 ', c<.s BP-2007-0280 332 PLEASANT ST Ci$tt: COMMONWEALTH OF MASSACHUSETTS MvMap: 3lock:32C- 179 CITY OF NORTHAMPTON -0Qk partsoNs CONTRACTING WITH UNREGISTERED CONTRACTORS goniti____Jlogging DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) BUILDING PERMIT. ftwit. i*,7:2mm t 41,...,4907-000445 Est.Cost SaQ20QL Hale sr 5.80 PERM, ION IS HEREBY GRANTED TO: :cam;pima: 51 Contractor: License:•. . MSe Grpup: )3.14 OfiVeir laeiln 3 Sizclsa f.1: 4161,70 Qi r. g3,Bj`} NAAY&M4RY L of A_AT tat s.a 4`i z :i-i 11 r: .3n ` SAN7` ST An,, rrr+ ss: Pkozotti, Lance: 6 . ,41./ ,;,C .i ter 413 : 84-1_ _ ©r CT Cqmpernsoiork NORTHAMPTON ©'1080 14(10 14iloqilot 0 44O:011 TO PERFORM THE FOLLOWING WO :C STI UCT 1`,658 SO FT COMERCIA . BUILDING inspector of ' � inspector of U P'4K';. ildteginspetw Underground: Servk'e: 6/0/0''Sre, Meter: Foat s; >oughi $ � -r i/ec Mme! House# F t�t. �` ` 4,0d Driveway Fla* Final -420"7 � u.3-7'-D'7. Rough Frame: 0 K 1�- 2.9 �4 t,o►W.a; ^a ll as thDa 1. Plroplace/Chinmey: Rougha-V 2„,z4g.i Ynsulatioaz 1- 3 ,07 - Smoie, 571. o 7 6-,(C Dais 6/c. 3o IN/ re—ft THIS PERMIT MAY DE REVOKED DY THE OF NORTHAMPTON UPON VIOLATION OE ANY OF ITS RULES AND�( UL.ATIONS CB j ;. ; �" S1tnftule= Building 10/11/2006 0:01:00 $8?5.801743 212 M0111 Std,Phone(4t 3)587-1240,:1 ax:(41.3)587-1272 Building.Commissioner- Anthony Patillo