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23B-046 (190) t Barnes & Etheredge LAW OFFICES,INC. 64 Gothic Street Northampton, Massachusetts 01060 BENJAMIN A.BARNES (413)584-0368 EDWARD D.ETHEREDGE FAX(413)585-5125 MYRA G.ORLEN* SHELLEY STEUER*' *Also Admitted in Maine **Also Admitted in New York&California May 11, 1993 Frank Sienkiewicz, Building Inspector City of Northampton 212 Main Street Northampton, Massachusetts 01060 Re: Cooley Dickinson Hosptial/Finding Map 23B, Parcel #046 Dear Frank: Attached are a Zoning Permit Application, Sketch Plan and Site Plan for minor renovations at the hospital: a mechanical room addition and an ash shed construction. A finding is required under Article IX, Section 9. 3(a) ( 1) . Please deny the permit and I will submit our application for a finding. Thank you. Very truly yours, njami Barnes BAB/kh Enclosures Mr. Frank Sienkiewicz c.` May 28, 1993 Page 2 I would be pleased to discuss this further. In the meantime, thank you for the prior discussion confirmed by this letter. Very truly yours, B njami A. Barnes BAB/and cc: Kathleen Fallon Barnes & Etheredge LAW OFFICES,INC. 64 Gothic Street Northampton, Massachusetts 01060 BENJAMIN A.BARNES (413)584-0368 EDWARD D.ETHEREDGE FAX(413)585-5125 " MYRA G.ORLEN` SHELLEY STEUER* Also Admitted in Maine Also Admitted in New York ft California May 28, 1993 Mr. Frank Sienkiewicz Building Inspector City of Northampton 212 Main Street Northampton, MA 01060 Re: Cooley Dickinson Hospital Finding Map 23B, Parcel #46 Dear Frank: Following our discussion of yesterday concerning whether the Hospital requires a finding for the mechanical penthouse addition and the new ashpit addition as described, I reviewed Article IX, Section 9. 2 of the Northampton Zoning Ordinance, "Extension and Alteration" , M.G.L. c. 40A, Section 6 , and the case of Nichols v. the Board of Zoning Appeals of Cambridge, 26 Mass. App. Ct. , 631 (1988) . Under our Zoning Ordinance, Article IX does not apply to structures or uses lawfully in existence before the first publication of notice of the public hearing on the original Zoning Ordinance. This is the case for Cooley Dickinson Hospital. However, a Finding is required even if the use remains the same if there is going to be any reconstruction, extension or structural change of such structure. The proposed activity at the Hospital with respect to the mechanical penthouse addition involves no change in the footprint of the building, and, with respect to the ashpit addition, it requires the addition of a pit 10' by 14' at the rear of the building. Such an addition to the footprint for the purposes of the treatment of ash in compliance with law creates no violations of our current Zoning By-Law. Accordingly, consistent with the Nichols case above, and the fact that the activity proposed does not constitute a reconstruction, extension or structural change of the Hospital structure, I believe that the Zoning Permit for the activity requested may be approved without the requirement of a Finding. 000952 Date Date Filed File No. ZONING PERMIT APPLICATION (510. 2) 1. Name of Applicant: Cooley Dickinson Hospital Address : 30 Locust Street, Northampton, MA Telephone: 584-4090 2 . Owner of Property: Cooley Dickinson Hospital Address : 30 Locust Street, Northampton, MA Telephone: 584-4090 3 . Status of Applicant: X Owner Contract Purchaser Lessee Other (explain: ) 4 . Parcel Identification: Zoning Map Sheet#'# � u` Parcel }' Zoning District(s) (include overlays) R Q Street Address Required 5. Existincr Pro Dosed by Zoning Use of Structure/Property H (if project is only interior work, skip to #6) Building height 64.5 Feet 64.5 Feet %Bldg. Coverage (Footprint) 10.9% 10.9 % Setbacks - front 102 Feet 102 Feet - side L: 400' R: 42 1 L: 400' R: 42, - rear 18 Feet 18 Feet Lot size 969,427.8 9690427-8 Frontage 2,658 2,658 Floor Area Ratio .339 .339 %Open Space (Lot area minus building and parking) 60.7% 60.7% Parking Spaces 630 630 Loading Signs N/A N/A Fill (volume & location) N/A N/A 6. Narrative Description of Proposed Work/Project: (Use additional sheets if necessary) See Attachment 7 . Attached Plans: X Sketch Plan X Site Plan 8 . Certification: I hereby certify that the information contained herein is true and accurate to the best of my AI knowl d Date: /l Applicant's Signature: _ar_ _E t here dge_ tto for Owner THIS SECTION FOR OFFICIAL E ONLY: i (/Approved as presented/based on information presented Denied as presented--Reason: Special Permit and/or Site Plan Required: Finding aired: Variance Required: � 9 gnat of Build-i Itspeetor D to NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Public Works and other applicable permit granting authorities. it'T)-