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11C-059 Florence St-Leeds Elementary School-PERMITN41► • O" DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on August 30, 1989, the Zoning Board of Appeals of the City of Northampton voted unanimously to grant the requests of the Northampton School Department for a Variance from the Provisions of section 8.1 of the Northampton Zoning Ordinance, and a Special Permit under the Provisions of Section 11.3 of the Ordinance. The Board further voted unanimously to allow the Applicant to withdraw without prejudice its Application for a Special Permit under the Provisions of section 7.3 of the Ordinance. All of the above requests for relief concern the proposed renovations and addition to the Leeds School, Florence Street, Leeds. Present and voting were Chairman Robert C. Buscher, William Brandt, and M. Sanford Weil, Jr. The Findings were as follows: As to the Variance from the Provisions of section 8.1: The seating capacity of the proposed auditorium requires, under Section 8.1, the creation of 117 parking spaces on- site. The Applicant's plans call for 61 permanent, marked parking spaces, and 29 "temporary" parking spaces located on the school bus turnaround. The Board found that 1) The site is clearly unique in the District, and limited in size. 2) Literal enforcement of the Ordinance would require the Applicant to give up either a planned soccer field or an existing baseball diamond in order to make space available for the creation of the full number of parking spaces required by the Ordinance. The Board agreed that, since the 61 permanent spaces were more than adequate for the day -to -day needs of the school's staff of 42, and the total of 90 permanent and temporary spaces were adequate for all but perhaps three or four days a year when a school event was held, that the test of reason is needed in addition to the letter of the law, and it would be a severe hardship to require that one of the athletic facilities be given up, since they are an integral part of the neighborhood school environment. 3) Granting this request will not be a substantial detriment to the public good, nor will it nullify or substantially derogate from the intent and purpose of the ordinance, since the intent of the ordinance, in the Board's unanimous view, is to provide adequate parking, and the proposed plan does in fact provide adequate parking. As to the Special Permit under the Provisions of Section 11.3: The Board found that the requested use is allowed by Special I*ftw ../ NORTHAMPTON ZONING BOARD OF APPEALS DECISION APPLICANT: NORTHAMPTON SCHOOL DEPARTMENT PAGE TWO Permit under the Provisions of Section 11.3 of the Zoning Ordinance. The requested use, bringing to the site some 15,000 cubic yards of fill for the purposes of landscaping around the new addition, and bringing the site of the proposed soccer field up to grade, bears a positive relationship to the public good in that it creates both a community soccer field and a valuable addition to the school environment. The Board found that the requested use will have no bearing on traffic or pedestrian safety, nor on any municipal systems since the drainage plans have been approved by the Northampton Department of Public Works. The Board further found that the requested use will not unduly impair the integrity or character of the District, and will be in harmony with the general purpose and intent of the Ordinance. Robert C. Buscher, Chairman J� M. Sanford Weil, Jr. ../ CITY OF NORTHAMPTON 9 a ZONING BOARD OF APPEALS n NORTHAMPTON, MASSACHUSETTS 01060 DATE: SEPTEMBER 7, 1989 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE AND SPECIAL PERMIT HAVE BEEN GRANTED: TO: CITY OF NORTHAMPTON SCHOOL DEPARTMENT ADDRESS: 212 MAIN STREET CITY: NORTHAMPTON, MA AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: THE LEEDS SCHOOL, LEEDS, MA And the said Zoning 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 City Clerk. The Zoning 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: Chairman Secretary 3� NNW, "Noe CITY OF NORTHAMPTON 91 ZONING BOARD OF APPEALS NORTHAMPTON. MASSACHUSETTS 01060 6 DATE: Seotember 7, 1989 RE: THE APPLICATION OF THE CITY OF NORTHAMPTON SCHOOL DEPARTMENT FOR A VARIANCE AND SPECIAL PERMIT RELATIVE TO THE RENOVATIONS AND ADDITION TO THE LEEDS SCHOOL. 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 September 7, 1989, GRANTING the requested Variance and Special Permit. 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. Robert C. buscher, Chairman 1 _ r -400, Northampton Zoning Board of Appeals August 30, 1989 Meeting Page One The Northampton Zoning Board of Appeals met on Wednesday, August 30, 1989 at 7:00 p. m. in Council Chambers, Wallace J. Puchalski Municipal Building, to conduct a Public Hearing on the Application of the Northampton School Department for a Variance from the Provisions of Section 8.1 of the Northampton Zoning Ordinance, ,a Special Permit under the Provisions of Section 7.3, and a Special Permit under the Provisions of Section 11.3, all relating to the proposed renovations and addition to the Leeds School. Present and voting were Chairman Robert C. Buscher, William Brandt, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, a memorandum from the Northampton Planning Board, and a letter dated August 10, 1989 from Paul Hadsel of the DPW. Mr. Joseph Misterka, 312 Chesterfield Road, Assistant Superintendent of Schools made the presentation for the Applicant. He told the Board that the sign for which he sought a Special Permit had not yet been designed, and asked permission to withdraw that request without prejudice. Mr. Brandt so moved, Mr. Weil seconded, and the motion passed unanimously. The Parking Variance was taken first. Mr. Misterka pointed out that the seating capacity of the auditorium required that 117 parking spaces be provided. However, space limitations allowed for only 61, with another 29 "temporary" spaces located on the school bus turnaround. Mr. Misterka stressed that 61 spaces are more than adequate for the day -to -day needs of the 42 person staff. He added that there will be fewer than five times a year when school events will draw more cars than can be accommodated in the 90 spaces. It was pointed out that to comply with the requirements of the ordinance, the baseball diamond or the soccer field would have to be eliminated. Mr. Misterka described the school property as "a unique, limited space, within which we must meet State Educational Specifications." The Chair asked for proponents, and both Coun. LaBarge and Leeds School Principal Sheehan said they supported the plan. The Chair called for opponents, and David Foster, 17 Villone Drive rose to speak. He said , "I am not really opposed, but I have a question on the ballfield." He pointed out that his property abuts the ball field, and his house and cars are frequently hit by batted balls. Mr. Weil suggested to Mr. Misterka that the ballfield be re- oriented so that balls fly in a direction that will not involve neighboring houses. Mr. Misterka aIs response was that he would try, "but the ballfield is badly needed, as is the soccer field." He added, "We will do all that we can." The Sign Permit having been withdrawn, all that remained to be discussed was the Special Permit to bring in more than 500 cubic yards of fill. Mr. Misterka pointed out that some 15,000 yards will be needed to bring the soccer field up to grade, and do landscaping around the addition. There will be a 1' "lip" around "`r' .r'' Northampton Zoning Board of Appeals August 30, 1989 Meeting Page Two the soccer field to prevent runoff to the abutters downhill from the school. There was no one in the audience to speak in favor or in opposition, so Mr. Brandt moved the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Mr. Weil addressed the criteria for granting the parking variance. He found that the site is unique and limited in size, and in order to keep the ballfield and soccer field, the size of the parking lot must be restricted. He found that literal enforcement of the ordinance would be a hardship, in that the City desperately needs additional classrooms. He found no detriment to the public good, and moved to grant the variance. Mr. Brandt said he agreed with Mr. Weil, and felt that "the test of reason is needed in addition to the letter of the law." He found the ordinance requirements "unreasonable, and to require 117 spaces would be folly." He found no substantial detriment to the public good, and further found that to grant the variance does not derogate from the intent of the ordinance, which is to provide adequate parking, and felt the proposed plan did in fact provide adequate parking. Ch. Buscher agreed with his colleagues, saying, "The site is clearly unique. Neighborhood schools are the goal for the Northampton elementary schools. We have no available land and are forced to do with what we have. The parking is adequate 95% of the time. The recreational facilities are a part of the school environment, and it would be a hardship to deprive the city of them." Mr. Brandt seconded Mr. Weil's motion to grant the Variance, and the motion passed unanimously. As to the Special Permit to allow bringing in 15,000 cubic yards of fill, Mr. Weil read Section 10.10 and found that the requested use is allowed by Special Permit under Section 11.3 , it bears a positive relationship to the public good in allowing the creation of a community soccer field, it has no affect on traffic or pedestrian safety, or on municipal systems, and will not impair the integrity of the district. He found the criteria of Section 10.10 to have been met. Mr. Brandt agreed, finding that the DPW had approved the drainage plans. Ch. Buscher said he agreed with his colleagues, and said , "I'm willing to grant the Special Permit, with the request that the ballfield be re- oriented." Mr. Brandt moved that the Special Permit be granted, Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman LEEDS SCHOOL Florence Street Leeds, Massachusetts 01053 PROJECTED PARKING Present Projected Employees: 33 42 Principal 1 Classroom Staff 22 + 6 Support Staff 10 + 3 (Includes some transient) Parking: 46 61 Breakdown Behind school 16 Back 9 Below 30 Side 52 * For special programs, additional parking is available on the road behind Leeds School which encircles the - building, plus 8 spaces in the turn — around of the existing building. 1 Nw. ..01 CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Zoning Board of Appeals FROM: Northampton Planning Board SUBJECT: Northampton School Department, Leeds School DATE: August 25, 1989 FILE: The Northampton Planning Department reviewed this matter at its August 24th meeting. The Application seeks a Variance from the requirement to provide 117 parking spaces, a Special Permit for a sign, and a Special Permit to bring in more than 500 cubic yards of fill. The Board voted 5 -1 in favor, with one abstention, to recommend the Variance be granted. The school will be able to provide a total of 90 spaces, adequate for all of the school's needs except an occasional evening event. The Board voted unanimously to grant the Special Permit to allow some 15,000 cubic yards of fill to be brought in to get the land up to grade for a soccer field. The Applicant requests permission to withdraw the request for the Special Permit for the sign - -it has not been designed yet. "%mr , * 400 , Northampton Planning Board August 24, 1989 Meeting Page Five studio is just too much. I feel alright with the y." She then moved for approval of the Finding. ale seconded, and If the motion passed unanimously. ien recommended disapproval of the request for a thr y, but recommended approval of the two - family sit the main structure. Mrs. Hale seconded, and aft iscussion, called the question. The motion passed 5- eva). __A The next Application was that of the NORTHAMPTON SCHOOL DEPARTMENT for a Variance and two Special Permits relative to the renovations and building addition at the Leeds School. Joseph Misterka, Asst. Superintendent of Schools made the presentation. He said a Variance is required because the capacity of the proposed cafetorium calls for 117 parking spaces, and the most that could be created was 90, which he described as more than adequate for the day -to -day needs of the school's faculty, staff and visitors, but on special events nights they would be 25 short. He felt it would be a hardship to have to pave over the soccer field and /or baseball diamond to create the 27 spaces that are short. One of the Special Permit requests is to allow some 15,000 cubic yards of fill to be brought in to bring the land up to grade to create a soccer field. The other Special Permit request is for a sign, and the request was withdrawn because the sign has not yet been designed. Mrs. Hale moved to grant the Parking Variance. Dr. Arnould seconded, and the motion passed 5 -0 -1 (Holeva). Mrs. Hale moved to grant the Special Permit for fill, Dr. Beauregard seconded, and the motion passed unanimously. 04Le next ZBA case involved the Application or ERMAN AND EN KAGAN for a Finding to allow construction of a deck /carport on t ide of their house where the setback is only seven feet, where 1 required. Mr. Sherman presented a petition signed by his direct ters, all of whom are in favor of the addition. He pointed out tha 11 shrubs will hide the addition from the side with the setback ation, and the addition will almost be invisible from the str He said it will not be substantially more detrimental to the ' hborhood, and in fact will be an improvement. Mr. Smith st "It looks OK to me." Dr. Beauregard moved that the Findin granted. Mrs. Hale seconded, and the motion passed unanimously. The next ZBA case was the request of DAV ARK for a Special Permit to construct a two - family house at the er of Hinckley St. and Winslow Ave. on a vacant parcel. Atty. T Growhoski appeared for Mr. Clark, and stated that all sional requirements are met or exceeded, all the Special Permit g ing criteria of Section 10.10 are met, the neighborhood is one of bne F i ID C __ . , irr,g 0 rd in2nco &acti i 0. 2 FAV3 , rl3n F - Schlcol CecartTC-rit T 212 rLain S treet, N Address - - -- - ,dur e l e P. 536--6970 `� 0 n e Telephone 586-66 tee ; : a ` ezt. 326) n a Sit This -section is to be filled out in accordance with the "Table of Din ensicnal a Den Regulation.-: (Z.O. ARTICLE VI) Zoning Use Lot Front Depth Setbacks Max. Bid. Min. Op. District Area Width Front Side- Rear] Cover Space Acres UR-C existing Schoo 9.579 1165. 670.0 30 15 30 5.5% .92.2% UR-C - Tproposed schoot 9 .579 1 1165-5 670.0: 1 30 15 0 3 0 10.2% 81.6% T Mark the appropriate box to indicate the use of the parcel: ❑ Non - Conforming Lot and/or Structure. Specify ❑ Residential ❑SIngle Family Unit ❑Multl-Family ❑ Duplex 90ther ❑ Business ❑ Individual ❑ Institutional ❑ Regular ❑ P.U.D. ❑ Subdivision ❑ 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) vlJatershed Protection District Overlay: (Z.O. Sect. XIV) El Yes ?q :Iarxing Space Requirements: (Z.O. Sect. 8.1) Required 117 Proposed 61 , -caclng :pace Requirements: (Z.O. Sect. 8.2) Required 0 Proposed ;J;ns: (Z.O. Art. V11) � Yes ❑ No :- Performance Standards: (Z.O. Art. XII) 0 Yes r� No i'cn L Yes E f"t o i IA N Site Plan Yes g.=) (S. 10.2 and 10.11 W aive r 12 r a n e-d: Cite 1_7 7 c:-, fc CF F i C: A L Liz e c n I y: -::s zre2e-teci: ne-cesnary ;or a-,croval: I a+t n n n r� .. A CJ jJ „��' 'vii I :. �� i t _: r _ r_ . er Filed Fee P Recd. ZDA �- _ _- IJ GU`C) Pp CC's(.,) AM HC 157 _ �t _ P.PMQ ,rJON IS HERitBY �AADE TO THE CITY OF NORTHAMPTON^ ZOi.fNG 80AP,DOF APPEALS: 1 1. Narre of Applicant Jose P. Misterka Address 212 Main Street, Northampton, � ?a. 2. Owner of Property Northampton School Department Address -219 Main Stmt NQr - 3_ Applicant is 4 �10wner; . :-7Contract Purchaser; . uLessee; ❑Tenant in Possession. Application is made for: X; VARIANCE from the provisions of Section 8.1 page 8 =2 of the Zoning Ordinance of the City of Northampton. 11. 5 XSPECIAL PERMIT under the provisions of Section �_� page ;Z 2 f the Zoning Ordinance of the City of Northampton. nn I:OTHER: - ` "�y`ti `.: - :, A._� 5. Location of Property }' Florence Street" -r - - -- - - being situated on the east side of Street; and h wn n t e Assessors' Maps, Sheet No. 56,10, Parcels) 1�B� 4,1IC5� 6. Zone 7. Description of proposed work and /or use; Addition and renovation of Leeds Elementary School - . The addition will be two stories and aparoximatel 37,888 square feet. 8. e) Sketc^ plan attached; E Yes —` No b) Site pian: :ZAttched CNct Re-ruired uC^vn '> (i a: ciic t^Qr is oaE; T`I.e ad it c n to L-e°'s school =j ,., =1ti .';111 mfr e:��.�1.:.�;:�..nL _ �`v^ = '_ S Ci zh S crl cc i L r - c -y- M , we •,.0 Parking: Variance frcm Section 8.1: Zoning requires that °: ;e are to have 117 par;lking spaces. Variance is ceing request,-:,7d because only 61 spaces are beir_g provided. The 61 spaces will provide spaces for faculty during the day. The cafeteritun will only be used for special occasions and people will park on the street. Sign: Special Permit under Section Zoning permits a sign not to exceed 10 7.3 square feet. Special permit is being as:ced to construct a sign larger than zoning allows because visibility and scale of the structure. Proposed sign will be approx- imately 30 square feet. Filling: Special Permit under Sec- Zoning requires that no filling in of land tion 11.3 shall proceed without first securing a special permit. Excess of 500 cubic yards of fill is required in order to provide a soccer field; Approximately 15,700 cubic yards of fill is required. 0, Ma JUN c ; 1959 M SSE & Ass "Mciates 168 County Road, Southampton, MA 01073 - 413- 532 -3876 P. B. Hatch : .. :LSP: .. :PE . : . : . _ .. 5 :.: Munn Road, Monson MA 01057, 413- 267 -3696 June 7, 1996 Mr. John Bourcier Bureau of Waste Site Cleanup MA Department of Environmental Protection 436 Dwight Street Springfield, MA 01103 re: Leeds School, Florence St. Northampton, MA, DEP RTN #1- 11317, Immediate Response Action Plan Dear Mr. Bourcier: In accordance with the Massachusetts Contingency Plan (MCP), section 310 CMR 40.0424, this is an Immediate Response Action (IRA) Plan for the Leeds School, Florence Street, Northampton location. The following documents are provided for this IRA plan: 1. Immediate Response Action Transmittal Form (BWSC -105) 2. Narrative description of immediate response action plan. 3. Locus Plan (USGS Quad. sheet) 4. Site Plan 5. Detail Site Plan If you have any questions regarding this matter or require additional information, please do not hesitate to call us. Very truly yours, Paul B. Hatch, PE, LSP cc (w /o encl.): Office of the Mayor, City of Northampton Health Department, City of Northampton Conservation Commission, City of Northampton 29225008 r c - � , � S1 ! ; JUN 1 419 6 E 8[ /4SSOCiateS 168 County Road, Southampton, MA 01073.47 532- 3876 �+ P. B. Hatch, LSP, PE 57 Munn Road, Monson, MA 01057, 413- 267 -3696 �(� 1 1111 tom. l� 1�/� August 2, 1996 1 k U G 1 4 1996 Mr. John Bourcier Bureau of Waste Site Cleanup MA Department of Environmental Protection 436 Dwight Street Springfield, MA 01103 Dear Mr. Bourcier: re: Release Tracking # 1 -11317 Leeds Sc., Florence St., Northampton Response Action Outcome In accord with the Massachusetts Contingency Plan (MCP), section 310 CMR 40.1056, this is a Response Action Outcome (RAO) for the accidental discharge of #2 heating oil from an underground storage tank located at the Leeds School on Florence Street, Northampton. This RAO is submitted in accordance with 310 CMR 40.0136(1)(b). The following documentation is provided for this RAO: 1. Response Action Outcome Statement Transmittal Form (Bwsc -io4) 2. Summary of Response Action activities in support of the Response Action Outcome Statement. 3. Locus Plan (USGS Quad. sheet) 4. Site Plan 5. Detailed Site Plan 6. Laboratory sample data sheets 7. Boring log sheets 8. Relevant correspondence. We believe the enclosed documents support our opinion that a Class A -1, Response Action Outcome has been achieved at this site in accordance with 310 CMR 40.1036(5)(a). If you have any questions regarding this matter or require additional information, please do not hesitate to call us. Very truly yours, Paul B. Hatch, PE, LSP cc: (w /o encl., copies available at office of SSE & Associates): Office of the Mayor, City of Northampton Health Department, City of Northampton Conservation Commission, City of Northampton 29225102 LIJA gives work OK for school By FRED00NTRADA ' -- The Znu' ing Board of Appeals last night granted a variance and a special permit to the School Department for site work connected with the construction of a new addition to the Leeds Elementary School. The 38,000 square-foot addition, which will double the classroom capacity of the school, is part of a school building project that in cludes a similar addition to the Bridge Street School and a new elementary school in Florence. Assistant Superintendent of Schools Joseph P., Misterka asked the board for a variance that would allow the School Depart- ment to forego building the 117 parking spaces required by zoning regulations based on the capacity of the school's gymnasium. Instead, Misterka proposed 61 spaces for the projected staff of 42 employees who will work At the school vuoe u addi " is � built. 0Doherbu also noted that 29 ` other vehicles can park along the round 'during sial ~-- ' school, bringi the parking capacity to 90 spaces In voting for the variance, ZBA membe W illia m --- Brand called t mandated 117 spaces " mm ' of space." Chairman Robert C. Buooher added that he feels it is important to maximize the use of the parcels that the city owns. i� "There are precious levv op«do ` in the city tn accommodate uuntb' er acbn'�" be said. "Therefore �! ` � � we're forced to do what we can � with what vvebuve." The 8obnnl Department also ` sought u oyeoiu\ permit to bring in � ^ 15 cubic yards of fill tocreate u anooer field next tnthe oobonl'o softball diamond. D8ioterbu said � that plans for the soccer field, vpbiob will also serve as a otnrcu' !`^ vputer detention basin iu'timueo of , ~ severe flooding, necessitate o/nv' / ing the onitbmU field an estimated ' 80tn30 feet. � But David Foster, who lives on ^ ,�o~^ Dr tol ~~ ~-'~ tha i moving the softball field will in- crease damage to neighboring � ycoyo f stray so ^ ^)1 is aauz "I have u num ofdents to show ' x � for it and u number of softballs. I'ouuonDeotnc^ In granting the special permit, the %Q& instructed 0Dobrbu to � �»! � address the problem. e.