30A-076 (18) r ,
City of Northampton, Massachusetts O4� TO
Office of Planning and Development
City Hall • 210 Main Street
Northampton, MA 01060 • (413) 586-6950 '
FAX(413) 586-3726 `'E $
•Community and Economic Development `s
• Conservation •Historic Preservation
• Planning Board•Zoning Board of Appeals
•Northampton Parking Commission
DECIRION OF
NORTHAMPTON ZONIWE BOARD OF APPEALS
APPLICANT: PRIMERA IGL. HISPANA FUENTE DE SALVACION, INC.
APPLICANT ADDRESS: 255 FEDERAL STREET, MONTAGUE, MA
OWNER: BARRY ELBAUM '
OWNER ADDRESS: 25 PROSPECT STREET, HATFIELD, MA 01038
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 340 RIVERSIDE DRIVE
At a meeting held on August 18, 1993, the Northampton Zoning
Board of Appeals voted unanimously tc3t he request of Primera
Igl. Hispana Fuente de Salvacio#�, fnc. for a under the
Provisions of §9 . 3A of the North mpton Zoning Ordinance, to allow
a� tt 440 0-f �°� O A �dri 'fib-` hdl , �tawrehi�.
=1llr �' ► ►�. Present and voting
were Chairman Robert' C Buscher�, Alex Ghiselin, and M. Sanford
Weil, Jr.
The findings were as follows:
1. The Zoning Board found that the requested change would not be
substantially more detrimental than the existing nonconforming
use to the neighborhood.
2 . A church is allowed in all Zones of the City of Northampton,
including the General Industrrial Zone.
The Conditions are as follows:
1. The applicant must comply with appropriate building codes and
regulations as well as Fire Department code standards.
2 . An alternative form of egress must be installed due to the
danger presented by the front door being located so close to
the street. This is being required because a secondary form
of egress is necessary to assure the safety of persons walking
in and out of the building.
3 . All church services and meetings shall be allowed only on the
first floor of the building. No noise-generating activities
or services shall be allowed on the second floor.
4 . The applicant must comply with the City of Northampton's noise
ordinance as outlined in §12 .2 (I) , page 12-2.
5. Violation of any of the preceding conditions shall void the
Finding.
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Pursuant to Mass. General Law], Chap. 40A, §11, no variance,
finding, or 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 with the City Clerk and
that no appeal 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
variance, finding, or 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 Mass. General Laws, Chapter 40A, section 15, notice is
hereby given that this decision its filed with the Northampton City
Clerk on the date below.
If you wish to appeal this action, your appeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire
Superior Court and notice of said appeal filed with the City Clerk
within twenty (20) days of the date this Decision was filed with
the City Clerk.
DECISION DATED: August 18, 1993
DECISION FILED WITH CIT CLERK: August 31, 1993
Robert C. Bus the r !;
M. Sanford Weil, J�.
P r-Y.-
Alex Ghiselin
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ZBA Meeing - August 18, 1993 tet. ,rr
Continuation of Public Hearing on the request of the Primera Igl.
Hispana Fuente de Salvacion, Inc. for a Finding under §9.3A of the
zoning ordinance for change of use of a pre-existing, non-
conforming structure to be used as a church at 340 Riverside Drive.
Present and sitting on the case were: Chairman Robert Buscher,
Alex Ghiselin and M. Sanford Weil, Jr. Chairman Buscher noted that
the Public Hearing was initially opened and heard on July 21, 1993
and continued to this date in order to allow the applicant and the
abutters time to have a dialogue and reach a compromise on the
noise levels.
Reverend Yolanda Santiago was present to discuss the case. She
said that the church had mailed out a letter to each of the
abutters asking them to visit the church and look over the space so
that the abutters could see first-hand what was going on. Santiago
said that some neighbors did come out to visit, and noted that
during the past month they had received no complaints on noise.
The services have been moved from the second floor to the first
floor and the meetings have been held downstairs as well. The
church has tried its best to modify the noise levels. Weil said he
thought the church had agreed to discontinue use of the
loudspeaker. Santiago said that some of the neighbors had
complained about the volume of the voices carrying throughout the
neighborhood. She said that the church had discontinued using the
loudspeaker for speakers. The church has never used drums in their
services. Santiago said that by moving the services downstairs
there seemed to be less noise because there were less windows in
the downstairs room.
One of the neighbors, Mr. Wagner, said that the noise had not been
"as bad" as it had been previous to the last meeting.
Councillor Fitzgerald was present to show his support for the
neighbors of Bay State. He said that the people who live in Bay
State are usually very tolerant and he thought that if they were
complaining so vehemently about the noise from the church, he
thought the ZBA should take their complaints seriously. Fitzgerald
said that the neighbors are not the kind of people who complain
easily. Fitzgerald said he hoped that whatever the decision of the
ZBA, that a compromise would be reached to satisfy both parties.
M. Sanford Weil said he had talk with Joe Koncas of the Police
Department and had been told that the police had no record of any
complaint calls on the church. Councillor Fitzgerald said that the
police may have recorded complaints at "The Office" instead of the
church.
Barry Elbaum said that he thought the problem of noise was vastly
reduced by the church moving the services downstairs. He said that
on the second floor the building served as an amplifier with more
windows and the windows being open due to the heat. Since the last
ZBA meeting, the church had moved downstairs and that had
alleviated a lot of the noise problem. Elbaum said that the church
would continue to conduct their services on the first floor.
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ZBA Meeting - August 18, 1993
Weil expressed concern about limiting the number of people who are
allowed to be on hand for services. The Building Inspector or the
Fire Department usually specified the maximum occupancy for
buildings according to size.
Mr. Wagner said he had called the police one time and told the
police to make sure they logged in the complain.
Pat Rowan said she lived in Bay State and that she, along with five
or six neighbors, visited the church on Sunday, and said she
thought the church was very nice. However, Ms. Rowan voiced
concern that the front door to t'he building was very close to the
road and she worried that someone might get hurt entering or
exiting the church. The distance between the door; the road is
very short; and the traffic goes fairly fast down the street.
Alex Ghiselin moved that the Public Hearing be closed. M. Sanford
Weil seconded the motion which passed unanimously 3: 0.
M. Sanford Weil read the criteria in the zoning ordinance under
§9. 3A for changes, extensions or alterations of pre-existing,
nonconforming structures. Weil!, said it was his opinion that a
change of use to a church in a small building on the first floor
would not be substantially morel detrimental to the neighborhood
than the previous use of the building. Weil said he was prepared
to vote in favor of the application contingent on the following
stipulations:
1. The Building Inspector shall be instructed to ascertain that
the building meets all the necessary building code
requirements for a public assembly structure.
2 . That the musical instruments used in the service, if they must
be electrified, be played at the lowest possible decibel
level.
3 . That the side entrance which already exists be made available
for entry so as to relieve tihe danger of people going out the
front door which is located very close to the street.
Alex Ghiselin said that he had '
been very upset at the last ZBA
meeting because of the vehemence' of the anger from the neighbors.
Ghiselin said it seemed like the neighbors feel that the church has
made an effort, but the neighbors are worried that once the permit
is granted they would have no guarantee that the noise level would
not escalate to a disturbing volume again. Ghiselin said he felt
that the church wanted to be a good neighbor and would be
cooperative in controlling the 'noise levels. Ghiselin said a
church was a use which the Zoning Ordinance allows in all zones.
He agreed with Weil that another exit should be mandated away from
the street because of the danger from traffic too close to the
front door. Ghiselin also noted that the zoning ordinance §12 .2 ,
page 12-2 , which covers the allowable noise levels, lists the
maximum noise levels in decibels and should be used as a guideline
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ZBA Meeting - August 18, 1993 OwIft
for setting a condition upon approval of Special Permit. The
guidelines indicated that for residential areas between 7 : 00 A.M.
and 10:00 P.M. the maximum noise levels should not exceed 60 dBA;
and between 10:00 P.M. and 7:00 A.M. the maximum noise levels
should not exceed 50 dBA. Ghiselin said he would be willing to
vote in favor of the permit if a condition was attached outlining
the maximum noise levels allowed for the church.
Chairman Buscher noted that a church is allowed in all zones of the
City of Northampton, including the General Industrial zone.
Buscher said he agreed with his colleagues that this application is
for a use which the ZBA can allow to be carried on in this non-
conforming structure and lot. Buscher noted that he felt that
there are restrictions that need to be placed on the church's
activities in order to protect the neighborhood. Buscher noted
'that the following conditions should be attached to approval of the
Special Permit:
1. The applicant must comply with appropriate building codes and
regulations as well as Fire Department code standards.
2 . An alternative form of egress must be installed due to the
danger presented by the front door being located so close to
the street. This is being required because a secondary form
of egress is necessary to assure the safety of persons walking
in and out of the building.
3 . All church services and meetings shall be allowed only on the
first floor of the building. No noise-generating activities
or services shall be allowed on the second floor.
4 . The applicant must comply with the City of Northampton's noise
ordinance as outlined in §12 .2 (I) , page 12-2 .
5. Violation of any of the preceding conditions shall void the
Finding.
Buscher said that if the applicant complies with the conditions as
outlined above, then the use will not be substantially more
detrimental to the neighborhood than the previous use and he will
vote in favor of granting the petition.
M. Sanford Weil moved to approve the Finding with the conditions as
noted above. Alex Ghiselin seconded the motion which passed
unanimously 3:0.
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