32C-174 (18) ZBA Meeting Minutes of July 20, 1994
The request of Charles J. Paquette for a Special Permit under
§7.3 (C) of the Zoning Ordinance to erect a 4' X 4' non-
illuminated ground sign at 274 Pleasant Street.
Dr. Laband opened the Public Hearing, reviewed procedures for
conducting hearings and read the copy of the legal advertisement
which was published in the Daily Hampshire Gazette on July 6,
1994 and July 13, 1994. Members of the Board sitting are:
Chairman Peter Laband, M. Sanford Weil, Jr. , and Elaine Reall.
The Planning Board recommended approval noting corrections to
criteria addressed (Section 7.4 (3) (C) (1-3) instead of (§7.5) .
A memo dated June 22, 1994 from Sam Brindis noted that the sign
must be located on private property.
Mr. Paquette said he would like to add that the ground sign would
be more informative and could be changed for different
businesses. He also noted that the proposed sign would be easier
to change as tenants moved in and out. The sign would not
obstruct traffic views. Dr. Laband questioned the applicant
regarding the height of the sign. Paquette said the sign would
not exceed 101 . The sign is 8' to the edge of the roof and noted
that the framework is 6" thick and that the sign is about 4' X
V .
No one spoke in favor nor in opposition to the proposal.
Elaine Reall moved to close the Public Hearing. M. Sanford Weil
seconded the motion which passed unanimously 3:0. The ZBA noted
that they will try to reach a decision on this matter on August
31 1994 at 7:00 p.m. in the Hearing Room, Second Floor, City
Hall, 210 Main Street, Northampton.
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ZBA Meeting Minutes of August 3, 1994
- Chairman Laband said that the Public Hearing on the request of
Charles J. Paquette for a Special Permit under §7.4 (3) (C) of the
Zoning Ordinance to erect a 4' X 4' non-illuminated ground sign at
274 Pleasant Street had been closed and that the ZBA would try to
reach a decision on the matter at this meeting. Present and
sitting on the case were: Chairman Peter Laband, Member M. Sanford
Weil, Jr. and Associate Member Elaine Reall.
Chairman Laband read Section 7.4 (3) (c) on page 7-7 of the Zoning
Ordinance which specifies that the ZBA may grant a Special permit
for one ground sign in addition to wall signs permitted in
§7.4 (2 . 1) provided that the regulations are met. He stated that
the criteria was met for unique features of the structure, location
on the lot, and the sign shall not exceed 10' in height even with
the roof over the sign, nor will the sign have a surface area
greater than eighty (80) square feet. Laband also found that the
applicant met all the criteria for a Special permit under §10. 10.
Elaine Reall moved to approve the Special Permit for a sign with
the following conditions:
1. The sign must meet all sign setback requirements as stated in
the Zoning Ordinance.
2. The sign shall be constructed as per plans submitted.
3. The Zoning Board is approving a sign with removable panels and
is allowing the replacement of the panels as tenants come and
go from the property, without further action of the Board.
M. Sanford Weil, Jr. seconded the motion which passed unanimously
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Pursuant to Massachusetts General Laws (MGL) , Chapter 40A,
Section 11, no Special Permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have
elapsed after the decision has been filed, or if such an appeal
has been filed that it has been dismissed or denied, is recorded
in the Hampshire County registry of Deeds or Land Court, as
applicable and indexed under the name of the owner of record or
is recorded and noted on the owner's certificate of title. The
fee for such recording or registering shall be paid by the owner
or applicant. It is the owner or applicant's responsibility to
pick up the certified decision from the City Clerk and record it
at the Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a
Special Permit has been Granted and that copies of this decision
and all plans referred to in it have been filed with the Planning
Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15,
notice is hereby given that this decision is filed with the
Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed
pursuant to MGL Chapter 40A, Section 17, with the Hampshire
County Superior Court or the Northampton District Court and
notice of said appeal filed with the City Clerk within twenty
days (20) of the date of that this decision was filed with the
City Clerk.
Applicant: Cha)ttes J. Paquette
DECISION DATE:- August 3, 1994
DECISION FILED WITH THE CITY CLERK: August 16, 1994
C�
PeTeA Laband, ChaiAman
M. SanAtcatcd f:►e t, It.
tA,
patine Rea.P.e.
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5. The requested use meets all special regulations set forth in
Section 7.4 (3) (C) of the Zoning Ordinance.
6. The requested use will not unduly impair the integrity of
character of the district or adjoining zones nor be
detrimental to the health, morals or general welfare and is
in harmony with the general purpose and intent of the
Ordinance since a ground sign is allowed by Special Permit
and there are various other signs in the area.
Conditions imposed upon the project are as follows:
1. The sign must meet all sign setback requirements as stated
in the Zoning Ordinance.
2. The sign shall be constructed as per three plans submitted:
(1) plan shows picture sketch of sign
(2) plan shows size and location of sign
(3) plan is a mortgage loan inspection plan sketch
3 . The sign approved by the Zoning Board of Appeals is a sign
with removable panels. The ZBA intends by this decision
that said removable panels may be changed to reflect the
change of tenants on the site without further action of the
Board.
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City of Northampton, Massachusetts
Office of Planning and Development y
-City Hall • 210 Main Street -
Northampton, MA 01060 (413) 586-6950
FAX (413) 586-3726 t
•Community and Economic Development
•Conservation •Historic Preservation DEPT Of SLI! ;A'S EP rcpt T i[�J$ O41`�t
• Planning Board•Zoning Board of Appeals N0KT1-IWi'1Pi
•Northampton Parking Commission
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: CHARLES J. PAQUETTE
ADDRESS: 36 FAIRVIEW AVENUE, NORTHAMPTON
OWNER: CHARLES J. PAQUETTE
ADDRESS: 36 FAIRVIEW AVENUE, NORTHAMPTON
RE LAND OR BUILDINGS IN NORTHAMPTON AT: A -
MAP mm PARCEL NUMBERS: MAP #32C PARCEL #174
At a meeting conducted on August 3, 1994, the Northampton Zoning
Board of Appeals unanimousl the request of
Charles J. Paquette for a u he provi ns of
Section C in the No *onon' Ordinance
Zoning Board Members present and voting were: Chairman Dr. Peter
Laband, M. Sanford Weil, Jr. and Elaine Reall.
In Granting the Special Permit, the Zoning Board of Appeals
found:
1. The requested use for a non-illuminated ground sign is so
designated in §7 .4 (3) (C) of the Zoning Ordinance.
2 . The requested use bears a positive relationship to public
convenience or welfare because the sign will serve as
identification for tenants and to assist the public.
3 . The requested use will not create undue traffic congestion
or unduly impair pedestrian safety because there will be no
increase in use of the property.
4 . The requested use will not overload any public water,
drainage or sewer system; or any other municipal system to
such an extent that the requested use or any developed use
in the immediate area or in any other area"of the City will
be unduly subjected to hazards affecting health safety or
the general welfare, because a sign will have no impact.
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ORIGINAL PRINTED ON RECYCLED PAPER