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55 Damon ZBAZoning Board of Appeals - Decision City of Northampton Hearing No.: ZBA-2018-0003 Date: September 18, 2017 APPLICATION TYPE: SUBMISSION DATE: Commercial Finding 8/22/2017 Aaalicant's Name: Owner's Name: NAME: NAME: AMERICAN DREAM REALTY THOMAS ROBERT S ADDRESS: ADDRESS: 16 HARVARD ST 55 DAMON RD TOWN: STATE: ZIP CODE. TOWN: STATE: ZIP CODE. WESTFIELD MA 101085 NORTHAMPTON MA 01060 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: 413 246-9676 8/31/2017 9/14/2017 9/14/2017 EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Survevor's Name: STREET NO.: 55 DAMON RD SITE ZONING: GI(100)1 COMPANY NAME: TOWN: NORTHAMPTON MA 01060 ACTION TAKEN: Grant ADDRESS: MAP: 18D BLOCK: 026 LOT. 001 MAP DATE: SECTION OF BYLAW: Chapt. 350-9.3 (1) (D): Pre-existing Nonconforming Structures or Uses May be Changed, Extended or Altered with a Finding from the Zoning Board of Appeals. TOWN: STATE: ZIP CODE. Book: 1985 Page: 1151 PHONE NO.: FAX NO.: NATURE OF PROPOSED WORK EMAIL ADDRESS: Convert from auto -sales to take out restaurant, office and retail HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The Zoning Board of Appeals granted the request for a Finding to change one non -conforming use to another non -conforming use along with partial conforming uses based on the following information and plans submitted with the application: 1. Stormwater Drainage Report 55 Damon Rd, By R Levesque Associates, Inc. Dated August 10, 2017. 2. Trip Generation Analysis Memo by JSP Land Development Service, Inc. Date august 11, 2017. 3. Site Plans Proposed Commercial Development, 55 Damon Rd, By R Levesque Associates, Inc. Dated August 10, Revised September 7, 2017. 4. Dunkin Donuts Architectural Elevations Dated Aug 7, 2017. The Board granted the application as presented in the materials after determining that the changes proposed would meet the criteria in 350 9.3 and would not be substantially more detrimental to the neighborhood than the existing non -conforming auto sales use. COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: 8/15/2017 9/9/2017 9/28/2017 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 9/2/2017 10/26/2017 9/14/2017 9/28/2017 10/9/2017 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 8/31/2017 9/14/2017 9/14/2017 9/19/2017 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 9/7/2017 5:30 PM 9/28/2017 11/30/2017 MEMBERS PRESENT: Maureen Scanlon Elizabeth Silver Bob Riddle VOTE: votes to Grant votes to Grant votes to Grant MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Bob Riddle Maureen Scanlon 1 3 Approved GeoTMS® 2017 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - Decision City of Northampton Hearing No.: ZBA-2018-0003 Date: September 18, 2017 MINUTES OF MEETING: Available on the City of Northampton website www.northamptonma.gov. I, Carolyn Misch, as agent to the Zoning Board certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. Notice of Appeal An appeal from the decision of the Zoning Board may be made by any person aggrieved pursuant to MGL Chapt. 40A, Section 17 as amended within twenty (20) days after the date of the filing of the notice of the decision with the City Clerk. The date is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of Northampton. GeoTMS® 2017 Des Lauriers Municipal Solutions, Inc.