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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_;
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�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
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