39A-76 (5) DECISION OF ULL i!f
NORTHAMPTON ZONING BOARD OF APP S c --
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At a meeting held on June 29 , 1988, the Zoning Board of
Appeals of the City of Northampton voted unanimously to
GRANT the request of Treebeard Associates for a Special
Permit under the Provisions of Section 5. 2 of the
Northamntoit Zoning Ordinance for the purpose of constructing
al51i x 42.'1 building to operate a SpeeDee Oil Change & Tune-
Up franchise in a General Business District, at property
located at 19 Fulton Avenue. Present and voting were Acting
Chairman William Brandt, Irene David, and M. Sanford Weil,
Jr.
The Findings were as follows:
The proposed use is an allowed use under Section 5. 2 of
the Northampton Zoning Ordinance.
The requested use bears a very positive relationship to
the public welfare, in that a very attractive building will
replace what is now a former coal yard, "a blighted area."
The requested use will not create undue traffic
congestion. There will be no new curb cuts.
The requested use will not overload any municipal
facilities.
The requested use is an appropriate one, is in keeping
with the character of the other businesses and commercial
enterprises in the neighborhood, and is in harmony with the
general purpose and intent of the Ordinance.
William Brandt, Chairman
Irene David
M. Sanfotd Weil, Jr.
Northampton Zoning Board of Appeals
June 29, 1988 Meeting
The Northampton Zoning Board of Appeals met at 7:07 p. m. on June
29, 1988 in Council Chambers, Wallace J. Puchalski Municipal
Building, to announce a decision on the Application of Treebeard
Associates for a Special Permit under the Provisions of Section
5.2 of the Northampton Zoning Ordinance for the purpose of
constructing a 53 ' x 42 ' building to operate a SpeeDee Oil Change
and TuneUp franchise in a General Business District, at property
located at 19 Fulton Avenue. Present and voting were Acting
Chairman William Brandt, Irene David, and M. Sanford Weil, Jr.
Ch. Brandt read a memorandum from the Northampton Planning
Department which voted unanimously to recommend approval of the
Applicant's request for a Special Permit, with the condition that
the three large maple trees on the site be preserved, or replaced
if they must be removed to permit construction. He also read the
Section 10.10 criteria for granting a Special Permit.
Mr. Weil moved that the minutes of the last meeting be accepted
without reading. Mrs. David seconded, and the motion passed
unanimously. Mr. Weil thought the plan "meets the requirements
for a Special Permit." He felt that the proposed use is not only
not detrimental, but to the advantage of the public, and moved to
grant the Special Permit.
Mrs. David generally agreed, but expressed some concern over the
flow of traffic behind the car wash, but concluded that addition
of yet another curb cut would cause here even more concern. She
seconded Mr. Weil's motion, and said she would vote in favor,
Ch. Brandt found that the requirements of Section 10.10 had been
met, that there is a positive relationship to the public welfare
in that a blighted area would be replaced; that the traffic
issue had been properly addressed and that there would be no
traffic hazard created by the proposed building, that the use
does not impair the integrity of the Zone and is in harmony with
the intent of the Ordinance. Be asked to insert the condition
that the three existing trees be preserved or replaced, and Mr.
Weil so amended his motion, which passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
William Brarfdt, Chairman
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Northampton Zoning Board of Appeals in U ! i mR
June 15, 1988 Meeting
The Northampton Zoning Board of Appeals met at 7:35 p. m. on June
15, 1988 in Council Chambers, Wallace J. Puchalski Municipal
Building, to conduct a Public Hearing on the Application of
Treebeard Associates for a Special Permit under the Provisions of
Section 5.2 of the Northampton Zoning Ordinance for the purpose
of constructing a 53 ' x 42' building to operate a SpeeDee Oil
Change & Tune-Up franchise in a General Business District, at
property located at 19 Fulton Avenue. Present and voting were
Acting Chairman William Brandt, Irene David, and M. Sanford Weil,
Jr.
Ch. Brandt read the Legal Notice as published twice in the Daily
Hampshire Gazette, and read the memorandum from the Northampton
Planning Department that it had not yet reviewed this
Application. Under this Board's by-laws, the Public Hearing will
be conducted as advertised, but the decision of the Board will be
reserved until the Planning Board' s recommendation is received.
Atty. Eric B. Gervais appeared for the Applicant, who is contract
purchaser of this property, the former Sabin Coal Company yard,
directly North of the car-wash on lower Pleasant Street in a
General Business District. The parcel is 25,000 square feet, and
on it Applicant proposes to construct a 2300 square foot
building, a three-bay SpeeDee Oil Change & Tune-Up facility, a
steel building with prefabricated stone outer walls. Customers
would exit Pleasant St. onto Fulton St. , which literally
"disappears" as it enters the property. After service, cars
would go South behind the existing car-wash and exit at an
existing curb cut between the car-wash and the gasoline station
immediately South of it. The Zoning Ordinance requires eight
parking spaces; 20 are available, and more will be available on
land immediately to the East owned by the Boston and Maine
Railroad, by agreement with them. There are two structures on
the lot now; a garage, which will be demolished, and a home which
will be given to the Northampton Land Trust and moved elsewhere.
Atty. Gervais referred to the criteria which must be met for a
Special Permit to be granted (Section 10.10) , and stated that the
proposed use is an allowed use under Section 5. 2, there is a
positive relationship to the public good in that a very
attractive building will replace what is now a former coal yard,
"a blighted area. " He added that it is an appropriate use and
will not overload any municipal facilities.
Ch. Brandt inquired about what he regarded as "a dangerous
intersection" at Routes 5-10 and Conz Street. Mr. Gervais said
that has been discussed with the DPW, and "they like the single
exit for the car-wash and the SpeeDee facility. " Ch. Brandt,also
Northampton Zoning Board of Appeals n` J1 111988
June 15, 1988 Meeting
Page Two
concerned about the added traffic the new facility would bring,
was reassured by Mr. Gervais that the car-wash building used to
house a food service division of Coca-Cola, with trucks coming
and going all day, along with E & J Vending trucks. Mr. Weil
asked about improving the ingress to the car-wash by using the
same entrance as the proposed facility, but Mr. Gervais responded
that the DPW would not allow the existing curb cut to be widened.
Mr. Weil added that the locus "now is desolation" Mrs. David
inquired as to DEQE issues, and Mr. Gervais replied that they had
their "21-E", and there were to be no underground oil storage
tanks.
No one was present to speak in favor or in opposition. Councilor
Brooks asked if the "stacking lane" for the car-wash would
remain, and he was told that it would.
Mr. Weil moved the meeting be closed and the matter taken under
advisement pending receipt of the Planning Board' s
recommendations. Mrs. David seconded, and the motion passed
unanimously. The decision will be announced at the June 29th
meeting.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary.
illi m Bra dt, Chairman Bra dt, Chairman
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CITY OF NORTHAMPTON Ls h ,.. _ � u—�1
. ZONING BOARD OF APPEALS OI
Yrs /) NOR TiHAM PTON_ Mr15 SAt.HUS_fa ui,t c] ��� �1�
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DATE: July 11, 1988
Certificate of Granting of Variance or Special Permit
(General Laws, Chapter 40A, Section 11)
THE BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES
THAT A VARIANCE AND/OR SPECIAL PERMIT HAS BEEN GRANTED
TO: Treebeard Associates
ADDRESS: 195 Main St. , Suite 2B
CITY: Northampton, MA 01060
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR
BUILDINGS AT: 19 Fulton Ave. , Northampton, MA
And the said Board of Appeals further certifies that the
decision attached hereto is a true and correct copy of its
decision granting said variance--special permit, and that copies
of said decision, and all plans referred to in the decision, have
been filed with the Planning Board and the City Clerk.
The Board of Appeals also calls to the attention of the
owner or applicant that General Laws, Chapter 40A, Section 11
(last paragraph) provides that no variance 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 in the Office of the City Clerk and no appeal has been
filed or that, if such appeal has been filed, that it has been
dismissed or denied, is recorded in the Registry of Deeds for the
county and district in which the land is located and indexed in
the grantor index 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. If the rights of a Variance granted under the
provisions of Section 10, Chapter 40A, M.G.L. are not exercised
within one year of the date of the grant of such variance, they
shall lapse and may be reestablished only after notice and a new
hearing pursuant to Section 10, Chapter 40A, M.G.L.
Chairman S cretary
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CITY OF NORTHAMPTON
/An ZONING BOARD OF APPEALS
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NORTI+AMPTON cI "
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DATE: July 11, 1988
RE: APPLICATION OF TREEBEARD ASSOCIATES FOR A SPECIAL PERMIT
UNDER THE PROVISIONS OF SECTION 5. 2 OF THE ZONING ORDINANCE OF
THE CITY OF NORTHAMPTON, FOR THE PURPOSE OF CONSTRUCTING AN
AUTOMOBILE SERVICE FACILITY AT 19 FULTON AVENUE, NORTHAMPTON, MA
Pursuant to the Provisions of the General Laws of the
Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is
hereby given that a decision of the Zoning Board of Appeals of
the City of Northampton was filed in the Office of the City Clerk
On: JULY 11, 1988
Granting a Special Permit to: TREEBEARD ASSOCIATES
For Property Located at: 19 FULTON AVE. , NORTHAMPTON, MA.
If you wish to appeal this action, your appeal must be filed in
Superior Court within 20 days of the date this decision was filed
in the Office of the Northampton City Clerk.
ner
Robert C. Buscher, Chairman
,
, Coif. of Northampton ',
Aisseachnselts
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^':." DEPARTMENT OP BUILDING INSPEOCIONS e 1
INSPECTOR 212 Main Street ' Municipal Building
Edward J. Tewhill Northampton, Mass. 01060 4�0
5.
July 11 , 1988
Treebeard Assoc. , Inc:
195 Main St.
Northampton, Mass. 01060
To whom it may concern:
We have received the decision from the Zoning Board of Appeals today;
granting your application. There is now a twenty (20) day appeal period
you must await. After the appeal period is up, you must go to the City
Clerk's office and get a stamped copy from them which will indicate that
there has. been no appeals on the decision you received from the Zoning
Board. Then bring the stamped copy they give you over to the Registry
of Deeds and file it with them, but be sure they give you a copy to give
to us to keep on file in our office. Then you can come to our office to
apply for the building permit, but until all the above listed steps are
complete our office can't issue you the building permit. Be sure to get
the above mentioned copy from the Registry of Deeds, so we can process
the building permit immediately.
For Your Information: Zoning Ordinance Section 10.6 - Permit Time
Limits. A Zoning Board Decision granted under the provisions of Section
10. 10 shall lapse within eighteen (18) months (including such time re-
quired to pursue or await the determination of an appeal ) from the grant
thereof has not sooner commenced except for good cause, or if, in the case
of a permit for construction, construction has not begun by such date
except for good cause.
Sincerely,
u
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Edward rejt
Building Inspector
EJT/lb
3`/q - '7 (=
Re: lipnlicatcon for Used license lay Tree Bard Associates, Inc .
Sut rr• _property. uses <, L1
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A. 492 Pleasant 1 '
Farst Jloor•
. arorrOcrs COOLOO, and Dog Wash - ,. retail pet ane pet =_ -apiy store,
attn an adjacent arca for grooming dogs.
3,000 squaws feet of retail space leeLSec
1,600 square feat of storage/warehouse space leased
2. Goodn sht Bndc, g - a retail furniture store.
1,450 squarefeet
of retail. space leased.
3300 ware t aof warehouse space tegsed
3 . Pleasant Street Car Wash an ex. ;or tunnel _ wash
3,000 square. feet of leased. spda_ (ine ming aeuttpment roof.)
SQCOGC. Floor:
I . Vacant / () /%
8,000 square f__.
B . 480 P, easant Sc eet
I. Spepee Oil Change - an aut000tid eta:A stow: for oi± charges
2,380 square feet
O / 7/ 377
Parking rsquired per `Off Street Parkins Rxu ions"
i
A. 492 Pleasant Street
I. Br:eeers Cho;.ce
"Commercial , Seta _. . . - spAce per iCH e:quar. . . 't of f_ioor.
10 par'.-nu spaces recui red
"Warehouse . . ." space per
two employes
par9tny apac at :m '
2. Goodniq:,t Bednic
"Comore c , RetaL ' - space per 700 sruare fuer of `-_nor
7 par`:ing .spaces reruired
"Warehouse - _ space per two enployea-s
nc spar :_ d red
3. Pleasant Street Car Was:•.
"Car w*n hing fad fey" - I space per ployc-e pits 5 'Mfrs maximum
capacity of facility
7 pa•-k ng spaces requir-. 0
15 narking spaces recu .ren
B. ego Pleasant Street
I. Saeeltsc Oil Change
A. toa'.o reta-_ . . - space per 2., sguarT feat of floor space
pa ng spacsu recut :T