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18D-040 (39) • FCC City of Northampton, Massachusetts D Office of Planning and Development 0 = '0 I,IU ti City Hall • 210 Main Street DEC 2 1997 '•� • �'I'��� .•,.. � Northampton, MA 01060 • (413) 586-69 0 " m 1; • FAX 413 586-3726 DEPT OF BUJLD!i1 Ifs` =1 •c ,�1► PIA # ( ) NORTHAMPTON,MA GiGGt? l ^� ►k4 f'� 4` • Conservation Commission • Historical Commission irIq 1�:; • Housing Partnership • Parking Commission ©�m- _ � • Planning Board •Zoning Board of Appeals �' DECISION OF NORHTHAMPTON ZONING BOARD OF APPEALS APPLICANT: Pride Convenience, Inc. APPLICANT'S ADDRESS: 246 Cottage Street fi , M Pride Spring Convenience,eld A01101 Inc OWNER: . OWNER'S ADDRESS: 246 Cottage Street Springfield,MA 01101 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 17 Damon Road ASSESSOR'S MAP and PARCEL NUMBERS: MAP 18D PARCEL 40 At a meeting conducted on November 5, 1997, the Northampton Zoning Board of Appeals unanimously voted 3:0 to grant the request of Pride Convenience, Inc. for a FINDING under the provisions of Section 9.3(2)(B) in the Northampton Zoning Ordinance, to allow a change and extension of a conforming use on a pre-existing nonconforming lot at 17 Damon Road in accordance with the following plan: 1. "Site Plan Prepared for: Pride Convenience, Inc.,"prepared by Killam Associates New England and dated October 2, 1997 and revised October 21, 1997 and November 13, 1997. (Note: The Zoning Board of Appeals simultaneously granted a Special Permit to allow a sign taller than otherwise allowed in a HB district.) Zoning Board Members present and voting were: Chair Alex Ghiselin, Mark NeJame and Associate Member Larry Snyder. The Findings of the Board under Section 9.3(2)(B) for an extension of a Conforming Use on a Pre-existing Non-conforming Lot were as follows: 1. The Board found that said change and extension will not be substantially more detrimental to the neighborhood than the existing conforming use because the renovation of the property will actually increase the amount of open space on the property and result ORIGINAL PRINTED ON RECYCLED PAPER in an addition of trees and landscaping. 2. The Board found that said change and extension is to a conforming use which requires the same or less minimum lot area,minimum lot width and frontage,minimum lot depth, setbacks , and parking than is required for the present use (and lot does not fully conform to the present zoning requirements for the proposed use.) No conditions were imposed with this Finding. Pursuant to Massachusetts General Laws (MGL) Chapter 40A, Section 11, no Finding 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, 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 a the certified decision of the City Clerk and record it at the Registry of Deeds. The Northampton Zoning Board of Appeals hereby certifies that a Finding 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 Massachusetts General Law Chapter 40A, Section 15, notice is hereby given that this decision is filed with the Northampton City Clerk on the date below. If you wish to appeal this action, your appeal must be filed pursuant to MGL Chapter 40A Section 17, with the Hampshire County Superior Court or Northampton District Court and notice of this appeal filed with the City Clerk within twenty (20) days of the date this decision was filed with the City Clerk. Applicant: Pride Convenience, Inc. - corner of Damon Road and King Street This Decision is Dated: November 5, 1997 This Decision was Filed with the City Clerk on: December 2, 1997 der 4- C- U " C City of Northampton, Massachusetts ¢IHAMpJ, Office of Planning and Development �.� = Oy City Hall • 210 Main Street # �� .. ." Northampton, MA 01060 • (413) 586-6950 NE'PM )• FAX (413) 586-3726 # ` 4%. �'� •Conservation Commission • Historical Commission 'e���rs�igg��•e; • Housing Partnership• Parking Commission • Planning Board •Zoning Board of Appeals - Northampton Zoning Board of Appeals Minutes of Meeting November 5, 1997 The Northampton Zoning Board of Appeals held a meeting on Wednesday,November 5, 1997 at 7:00 p.m. in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, Massachusetts. Present were Members: Chair Alex Ghiselin, Vice Chair Mark NeJame and Associate Member Larry Snyder. At 7:02 p.m., Ghiselin opened the meeting. Ghiselin introduced fellow members and read the legal notice advertising the Public Hearing. At 7:05 p.m., Ghiselin opened the Public Hearing on a request filed by Pride Convenience, Inc. for a Finding to change and extend a structure on a pre-existing nonconforming lot under Section 9.3(1)(D) of the Zoning Ordinance, for property located at the corner of Damon Road and King Street,Assessor's Map 18D, Parcel 40. Ghiselin explained the procedure he would use in conducting the hearing. Bob Bolduc, President of Pride Convenience, presented the application, accompanied by Kathleen Waterman,Director of Real Estate for Pride. Pride Convenience is proposing to rebuild an existing gas station at the corner of King Street and Damon Road. Plans call for removing the existing gas station and convenience store and constructing a new facility to the rear of the property. Pride owns land quite a ways back,practically up to the building now run by the machine shop, Bolduc noted. The trend now is to set stores further back on the site, and most people are applauding the change because the building will sit better and look better at the high-traffic intersection, he added. The new canopy will be located in the same general location as the existing canopy but a little further back, Bolduc said. The new convenience store building will also house two proposed new retail spaces. Bolduc also presented additional details as follows: ORIGINAL PRINTED ON RECYCLED PAPER ---- At the recommendation of traffic advisers, the owners will close two of the three driveway openings on King Street and only continue to operate the driveway furthest from the intersection. ---- On Damon Road,there will be a new curb cut further from the intersection than the existing curb cut. ---- The owners will add landscaping, including the required number of shade trees. ---- Drainage will be improved. ---- The underground tanks presently located on the northwest corner of the site will be relocated to the southwest corner,which is more out of the way and safer for loading and unloading. Replacement tanks will be designed to satisfy government. requirements to the year 2000. One of the major impetuses for redoing the site is to bring the property up to speed environmentally, Bolduc commented. The project requires a Finding because the site does not meet the open space requirement, Bolduc explained. The site presently has 14.10 percent open space and will have 19 percent open space under the proposed plans, while 30 percent is required for the Highway Business (HB) zoning district. However, the owners need the amount of pavement they have to satisfy the parking requirement. The site has lost land over the years due to takings by the state on several occasions to widen the road. However,Bolduc suggested that the public good will not be adversely affected, since the owners are still adding landscaping and trees. NeJame pointed out that since the requested use is a conforming use on a nonconforming lot,the Finding should be under number 2 of Section 9.3, rather than number 1 as cited in the legal ad. The applicant has been before the Planning Board,which requested additional information,Kuzdeba said. The applicant will return before the Board next Thursday night. The Finding is required because the lot is pre-existing nonconforming, and the remodeled site will still not meet the open space requirements of the zoning district, Kuzdeba clarified. In the past, the Board's objective has been to try to bring the property into conformance as much as possible, if not into complete conformance. The Planning Board will tackle the issues of traffic flow, lighting and parking for the retail spaces, NeJame noted. NeJame stated that he had no objection to the increase in open space because the renovation is not more detrimental to the neighborhood; in fact, it is beneficial. Ghiselin asked if there were any public comments? There were none. NeJame moved to close the Public Hearing on the Finding application. Snyder seconded. The motion passed unanimously 3:0. NeJame moved to grant the Finding because the change, extension or alteration will not be substantially more detrimental to the neighborhood than the existing conforming use because the applicant is actually increasing the amount of open space. Snyder seconded. The motion passed unanimously 3:0. G 'selin opened the Public Hearing on a request filed by Pride Convenience, Inc. for a Spe al Per 't to allow a sign which exceeds the height allowed as of right in a HB district under Sectio . 7.2 (13) and 10.10 of the Zoning Ordinance, for property located at the corner of I amon Road an. King Street, Assessor's Map 18D, Parcel 40. Bolduc refe :d members to sketches of the proposed sign. The existing sign on t•- property line is so close to th- oad that the owners have to worry about wide trucks hitting it, :olduc said. The proposed sign is a .o in the shape of an obelisque but will be four feet wide by •. enty feet high and set back the requires fifteen feet, although still on the corner. Whereas one ► ndred square feet of area is allowed, only s:venty-nine (79) square feet is proposed; however, e owners are seeking a Special Permit for a tall- sign to allow visibility underneath the sign t• improve traffic safety. The existing obelisque sign obstructs vision. Although the ow rs could meet the fifteen-foot height requirement by putting in . similar new sign,the bottom of e proposed sign is six feet above the ground to allow adequate visi•' ity, increasing the total hei: t of the sign to twenty feet. Pride is willing to drop the sign down if the Board will not vary its 'eight requirement,Bolduc noted. The sign meets all other sign requirement , he stated. Another sign(a so-called lollipop sign) mil way on 41 ng Street will be removed, Bolduc said. NeJame noted that the sign is not shown on •- plan, and Bolduc showed members the sign's proposed location. Ghiselin commented that the only traffi hose visibility the sign blocks are cars coming out of Pride's exit. In support of the extended height, 'olduc noted that there ar: already a lot of signs on King Street at this height, which is only five eet above the maximum allo ed. Snyder said he didn't know by the sign needed to be raised six feet' He suggested raising the sign four feet for a total heigh of eighteen feet instead. The Board allowed 0'ahillane a twenty-foot sign, Kuzdeba said. She agr.-d that six feet was too high, and pointed sut that zoning regulations do not allow bushes higher t' .n three feet to avoid blocking sight. : e confirmed that the rest of the sign's dimensions complies ith zoning. There will . so be signage on the building,but less than that allowed as of right, ..'lduc said. ; dg Dos•plq /o