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I S,NvrJd IIDIIVS 3132IDN00 00' 319VDS I 3SnOH 37v0S 9NIQ7In8 30NVN31.NI\1W a3SOdMjd Section 6-7 accessory age 6-7 applies to this concrete to Of the ZghtinOf ordinances a hei limits an essary and the facilit 20 feet. If Section 6- that such factors set y then a dimensional 7 a variance can forth above variance is be granted, allow for a finding IOC1SSb The Concrete Batchin 1 �0 trucks. The fifty facility is appurtenance to used load concrete A0 SNC Y ° sixty foot to the batchin silo is a necessary mixing 9 facility, SLIM kil /H NV-18 Although the H1-1d: eparate foregoing e the and g breaks down the ans GNt paratelr u is obvious petitioner petition into ranting of all that all asks that the three Sa2�daNt �rcumstances three requests is three are interrelated. on ' variance in that the criteria appropriate The )31 3H1 are satisfied, for a finding, the ese requests will be makee net of the special permit qd NV-1d result e of properties involved. a more harmonious argidanting of beneficial � b' Did /\ lH1 h'W 0_; L EdDN0O ', H 1311 V0S '/, �INDI,NIVN 0_0 -6- a 3 S o'l a. The use is listed in the table of use regulations at page 5-12 . b. The requested use bears a positive relationship to the public convenience or welfare because it will consolidate ASS two similar operations into one location in a remote area of the city and abandon a non conforming use in a predominately �O residential area. SN c. The requested use will not create undue traffic congestion. ki The location of the use is not a heavily travelled area. y� The quarry stone presently produced in the location is now being transported to the Westhampton Road location for use in the concrete batching plant. There will be a reduction in truck traffic used to transport the material which will offset some of the increase in traffic of the concrete o� trucks. tan d. Public water, drainage or sewer will not be affected by the H1 use of the parcel and the nature of the operation is such that there are not activities which will affect the health, safety or general welfare of the public. e. Article XI does not apply to the use of the concrete batching plant because it is not a process which removes y sand, gravel or quarry or other earth from the property. � ( That removal has been grandfathered by prior permits and Y prior use so that Section XI does not apply to the removal. The concrete plant will only process the product after its removal. f. The requested use will not unduly impair the integrity of the zone because the main quarry operation is already in place and operating. As previously stated this request will result in a consolidation of two related commercial activities presently in two locations. The use is an allowed use and is in harmony with the general purpose and intent of the ordinance in that it will provide one location for a business which is presently conducted in two locations. Further this will allow for the most appropriate use of the property considering its peculiar nature and its location within the city. DIMENSIONAL VARIANCE The proposed concrete batching facility will consist of a building 100 feet by 200 feet. It will also have an attached silo approximately fifty to sixty feet tall with a ground floor area of 150 square feet. This silo is a necessary appurtenance to the concrete batching facility. Section 6-8-15 of the s ordinances exempts* a "necessary appurtenance from Section 6-7 . • -5- variance to the petitioner is relevant to all three permit requests. However, as petitioner has stated a literal reading of the ordinance requires a finding that the proposed building is an accessory use and therefore a variance for this purpose is not necessary. 2 . ERECT A SCALE HOUSE FOR USE IN BUSINESS CONDUCTED ON THE PROPERTY. The petitioners also request a finding pursuant to Section 9-3-B of the Zoning ordinance that the construction and use of a scale house for weighing the stone quarried on the premises is an accessory use which is not substantially more detrimental than the existing non conforming use to the neighborhood. A scale house consists of a small building thirty feet by fifty feet which encloses weighing gauges and equipment and is connected to a scale with the demensions of ten feet by sixty feet. Vehicles carrying stone drive onto the scale and are weighed to determine the quantity of stone they are carrying. The same factors and criteria previously referred to concerning the maintenance building are applicable to the request for the scale house. 3 . ERECT BATCHING PLANT FOR BATCHING AND DISPATCHING OF CONCRETE MIX. The petitioner also requests a permit to construct a concrete batching plant for the purpose of batching and dispatching concrete mix. Petitioner believes that this may also be considered an accessory use to the quarry operation but also may be considered processing and treating of raw materials under Section 5-2, page 5-12 of the ordinance, and therefore require a special permit. However, the ZBA may also believe a variance is needed for this operation. Regardless of the type of determination necessary, the petitioner is able to demonstrate that it can satisfy all necessary criteria for its intended use. The previously stated criteria set forth above for a finding or a variance apply to the proposed use as a concrete batching plant. If a special permit is deemed necessary then certain additional factors must be considered pursuant to Section 10-10-3, page 10-5. of the ordinance. That section requires the following considerations: -4- APF- the proposed building and request the Board to make their decision based upon the appropriate standard and to authorize the use. To grant a Variance the ZBA must determine that there are circumstances relating to the soil conditions, shape or topography specially affecting the parcel but not generally affecting the Zoning District in which it is located. This test is easily met in that the topography of the land is such that it rises steeply from its easterly and southerly boundary to the Westhampton Town Line at the top of the mountain. The soil conditions are that the property is all ledgerock and most suitable for the quarry operation that is there. Although there are other parcels in the immediate area that have similar topography and soil conditions, they are not common conditions generally in the Zoning District. Much of the District is relatively flat with gravel subsoil and/or soil suitable for farming. A literal enforcement of the ordinance requires a finding that the proposed building and use is an accessory use, in that it is supplemental to the principal use. However, if the ZBA determines that a literal enforcement of the ordinance requires a variance, then it must determine that denial of such use will involve a substantial hardship to the petitioner. The hardship to the petitioner is that it presently must maintain and garage its vehicles and equipment on land in an SR Zone approximately three miles from its quarry. If there is a breakdown of equipment on the quarry property it must either be moved to the Westhampton Road location or be worked on subject to weather conditions at the Quarry. The separation of the operations results in hardship to the petitioner in both terms of convenience, time and money. It also results in the use of two separate locations for one operation. It is obviously more logical and better planning to have all related commercial operations in one location than to have them spread across the West Farms Area. The consolidation of operations will not be a substantial detriment to the public good or substantially derogate from the intent and purpose of the ordinance. In fact it will be more in conformance with the ordinance because it will take two separate commercial construction operations and consolidate them in one location in the city. Considering the character of both the Westhampton Road parcel and the Turkey Hill Parcel and the peculiar suitability of each parcel for particular uses, such a consolidation of commercial operations will be more in conformity with the intent of the ordinance. The foregoing -'criteria to be considered for granting a -3- ( J t JUI_ <' <<at3 The Petitioner submits its request in the 'ilternat ve of a variance, Special Permit and/or a finding because of the possible application of one or more of those standards to the three separate requests. The Petitioner requests this Zoning Board to consider each request as a separate request, however, keeping in mind it is the Petitioner's goal to consolidate all of its operations in one location. RF9UEST The following Sections of the Zoning ordinance must be considered by the Zoning Board of App 1. PERMIT TO CONSTRUCT MAINTENANCE AND GARAGE BUILDING Petitioners request a finding pursuant to Section 9-3-B of the Zoning Ordinance that the construction and use of a building for maintaining and garaging of commercial vehicles used in the business conducted on the premises is an accessory use which is not substantially more detrimental than the existing non conforming use to the neighborhood. At this time the property is used as a quarry and stone crushing business producing crushed stone for many purposes including stone used as aggregate in concrete. The request to construct a maintenance and garage building is an accessory use because maintaining and garaging equipment used in the quarry and stone crushing business is customarily incidental and subordinate to the principal use. The building which will be 12, 000 sq.ft. is 0. 372% of the total area of the lot on which it is located. The lot is 73 .94 acres. A permit to construct and use such a building can be authorized by this Zoning Board Pursuant to Section 9-3-B of the Zoning Ordinance, if it finds the use will not be substantially more detrimental than the existing non conforming use to the neighborhood. The Zoning Ordinance Section 5-2 page 5-12 provides a special permit is necessary to remove sand, gravel or quarry in an R-R Zone. Section 5-2 page 5-16 requires a variance for commercial motor vehicle maintenance and garaging. Petitioners believe Section 5-2 page 5-12 and Section 5-2 page 5-16 are not applicable to their request because the property already has the necessary permit to quarry and remove raw material from the property, and therefore the only approval necessary for construction of the maintenance building and garage is a finding pursuant to Section 9-3-B. In any event the petitioners and their parcel meet the strict test needed to authorize the granting of a variance for -2- PETITIONER'S STATEMENT IN SUPPORT OF REQUEST FOR PERMITS FOR USE OF LAND ON TURKEY HILL ROAD, NORTHAMPTON, MASSACHUSETTS **************************************************** BACKGROUND INFORMATION The Petitioner, VALLEY AGGREGATES CORP. is a Massachusetts corporation presently conducting its business at 383 Westhampton Road, Northampton, Massachusetts. VALLEY AGGREGATES CORP. is in the business of selling sand, stone, gravel and concrete. The owner of the parcel of land which is the subject of this Petition is JEDORON REALTY CORPORATION. The two corporations are owned by the same persons. JEDORON REALTY CORPORATION is the real estate holding corporation; VALLEY AGGREGATES CORP. is the corporation which operates the stone and conrete business. Petitioner VALLEY AGGREGATES CORP. is requesting the Zoning Board to grant it permission to: 1. Erect a Concrete Batching Plant for batching and dispatching of concrete. 2. Construct a Maintentance Building on JEDORON'S property for maintaining and garaging of equipment used in the business conducted on the premises. 3 . Erect a Scale House for use in its business. This Petition is for three separate requests. The first request is to allow the Petitioner to erect a concrete batching facility on the property and to use the facility to distribute the concrete. VALLEY AGGREGATES CORP. is presently operating the batching facility at 383 Westhampton Road in the city at the location of the business formerly operated by JAMES F. WZOREK and his family. The Westhampton Road facility will be abandoned if this request is granted. The second request is to construct a maintenance building and garage for equipment used in the concrete business and in the quarry business which is presently on the property. The maintaining and garaging of vehicles is also presently being done at the Westhampton Road location and the use of that location for the maintaining and garaging of vehicles also will be abandoned. The third request is to allow the scale house presently located on the Westhampton Road Property to be moved to the Turkey Hill Road location. The use of the Westhampton Road location for weighing of vehicles will also be abandoned. -1- z Asses*, _ 11. List of Abutters: Address Sheet No. 1, W D Cowles Inc 134 Montague Rd. , North Amherst 01059 11 2. r North King St. , 3, John F Skibiski Realty Partnership Northam nn, Ma 01060 1 Brickyard Road 4 Jedron Realty Corp. Farmingrnn,Cann 2 267 Turkey Hill Rd. , 5, Andrew & Donna Chambers Northampton, Ma, 01960 3 Turkey Hill Rd. , 6. Richard A. Bond Northampton. Ma. 01060 5 244 Hendricks St. , 7, Walter & Elizabeth Bond Easthampton, Ma. 01027 218 Turkey Hill Rd. , 8, Sarah L. Creighton Northampton., Ma 18 P.O. Box 157 9. David H. McClaflin L d-,' Ma_ 01051 16 10, 11. 12 WESTHAMPTON ABUTTERS Town Hall 13, Town of Westhampton Planning Board Westhampton, Ma. 01027 LOE- Elizabeth Rock 14. John Skibiski, Jr. Northampton, 01060-Westha- RR 2 - Box 815 Lot 15. Kenneth and David Nuttleman New London, N. H. 03257 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. ' 29. if necessary) ,�,t rite I�1`Th epaces Application Number: ID ecd' ''B I `G� c pd Filed Fee Pd. Recd. ZBA Maps) Parcel(s) Jay Dale BY 1pale pate Amt. r Date BY Date INPA APP &WBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant VALLEY AGGREGATES CORP. Address - 383 Westhampton Road, Northampton, Ma. 2. Owner of Property JEDORON REALTY. CORP. Address Brickyard Road, Farmington, Conn. 3. Applicant is: %]Owner; []Contract Purchaser; ❑Lessee; (24 Tenant in Possession. 4. Application is made for: Sect. 6.7 page 6-7 :k VARIANCE from the provisions of Section 5.2 page 5-16 of the Zoning Ordinance of the City of Northampton. ESPECIAL PERMIT under the provisions of Section 5-2 page 5-12 of the Zoning Ordinance of the City of Northampton. [k OTHER: Finding under provision of 9-3-B page 9-2 of the Zoning Ordinanng 5. Location of Property Turkey Hill Road , being situated on the Southerly side of Turkey Hill Road Street; and shown on the Assessors' Maps, Sheet No. 34 , Parcel(s) 4 6. Zone_ R.R. 7. Description of proposed work and/or use; 1. Construction of a maintenance building for reRair and maintenance of trucks used in petitioner's business, 2. Erect a scale house for use in its business, —_ 3. Erect a concrete batching Rlant for hatching and dispatching concrete 6 8. (a) Sketch plan attached; C3 Yes 0 N (b) Site plan: CLAttched El Not Required 9. Set forth reasons upon which application is based: See Petitioners stateme,nt attached to t is e� titian, \ 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to the best of my knowledge. t Date ' _.,_Applicant's Signature s���',�JL%��� a�wwT P,• � CITY OF NORTHAMPTON �;�° °'°.Q " ' 15 Ta p� No. Lot�j ZONING PERMIT APPLICATION ` JUG_ 198$ Zoning Ordinance Section 10.2 Received:" Fi p q. Plan File ;C, iPePt�l'It7NS )wner a Du400ry � cTy L�UI?P�:2/1%mow Ap"plicantld. r;� ��c���. rL<G 2f G �9"�S doell address _ �C� YR 9 0 Rd• F�'KvvrcrvGia/� Address Y /�' T T Telephone Telephone .S'ry 077/( This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning Use Lot Front Depth Setbacks Max. Bid. Min. Op. District Area Width Front Side Rear Cover Space Past Existing % % Present Proposed % % Mark the appropriate box to indicate the use of the parcel: NO Non-Confor ing Lo and/or Structure. Specify a Gv �tt., az�r.Zc ❑ Residential ❑Single Family Unit ❑Multi-Family ❑ Duplex ❑ Other .Business • Individual • Institutional ❑ Subdivision ❑ Regular ❑ P.U.D. ❑ Cluster ❑ Other ❑ Subdivision with "Approval-Not-Required"-Stamp: ❑ Planning Board Approval* ❑ Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes ❑ No Parking Space Requirements: (Z.O. Sect. 8.1) Required Proposed Loading Space Requirements: (Z.O. Sect. 8.2) Required Proposed Signs: (Z.O.Art. VII) ❑ Yes ❑ No Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes ❑ No Plot Plan ❑ Yes ❑ No Site Plan ❑ Yes ❑ No (S. 10.2) (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: ❑ Approval as presented: p Modifications necessary for approval: ❑ Return: (More information needed) g].aenial: Reasons: ale4ll,ell�14 L96145;e,­,4,,,,'V4,W Signature o A plicant � Date Signature of Admi . Officer Date Pei a