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2007 ZBA minutes Northampton Zoning Board of Appeals Minutes of January 11, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:30 P.M . Sara Northrup opened continuation of a request by Nuttlemans for Finding on Prospect Street. Staff read the request by the applicant to withdraw the application. No public comment. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the Board voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Elizabeth Wroblicka the Board voted unanimously to allow withdrawal without prejudice. 5:45 P.M. Sara Northrup opened Appeal by Mark Naidorf of a Building Permit issued for 332 Pleasant St, Northampton, Map ID 32C-179 and hearing on ZBA jurisdiction of Building Permit appeals. The Board discussed the nature of the project and needed clarification. John Fitzgibbon representing Naidorf presented memorandum advocating client’s position. He clarified that his client feels that there is a zoning ordinance violation. Board discussed jurisdiction under section 8 and whether enforcement action is administrative David Bloomberg stated he didn’t have a problem hearing the issue of administrative “inaction” by Building Commissions because it is a zoning issue not a building permit issue. David Bloomberg recognized the owner, Jay Fleitman, Fleitman requested continuance to have time to retain legal counsel to review the case law suggested by Fitzgibbon. Fitzgibbon stated that he cannot go to Superior Ct on a zoning issue until all remedies are exhausted Discussion about whether to continue to review memos and caselaw reference. Upon motion by Elizabeth Wroblicka and second by David Bloomberg the board voted unanimously to continue to Feb 8 at 5:45 P.M. Upon motion by David Bloomberg and second by Elizabeth Wroblicka, the board voted unanimously to adjourn. 11 Mass App 471. Northampton Zoning Board of Appeals Minutes of January 25, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:30 P.M . Sara Northrup opened the request by Doug Wheat and Amy Seldin for a Special Permit for Home Occupation at 30 High St., Florence, Map ID 17D-73. Doug Wheat described the application/business. He stated he anticipated working hours between 8- 6 and 9-12 on Saturdays with only 1-2 clients per week and specified how he would meet the standards in the zoning ordinance. Barry Smith asked about growth of client base. There was a discussion about the appropriate number of client visits per week. There was no one from the public to speak. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to close the hearing. Upon motion by Bob Riddle and second by Barry Smith, the board voted unanimously to approved permit with conditions for hours of operation and with no more than 24 clients per week. The Board reviewed minutes for 8/10 (2), 9/14(2), 10/12, 11/9, and 12/14. Upon motion by Bob Riddle and second by Barry Smith, the board voted unanimously to approve minutes with one change to the 9/14 minutes. The Board voted unanimously to adjourn. Northampton Zoning Board of Appeals Minutes of February 8, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:45 P.M . Sara Northrup opened the continuation of an appeal by Mark Naidorf of a Building Permit issued for 332 Pleasant St, Northampton, Map ID 32C-179 and hearing on ZBA jurisdiction of Building Permit appeals. John Fitz-Gibbon spoke and asked about jurisdiction. Board discussed issue of jurisdiction. Seewald argued that Northampton has a different process through Zoning Permit application and therefore process used by other municipalities would have relief through ZBA. Board accepted jurisdiction. FitzGibbon argued that this is not medical office but a clinic/center. Argued that should be treated as medical office/center with respect to parking. Board discussed with FitzGibbon the Building Commissioner’s discretion and the separation of evaluation between parking and use. Not necessarily “medical office” . It is the broad category of miscellaneous office, Alan Seewald, representing property owner stated that zoning actually allows discretion by schedule in 8.1 specifically. Parking table states that it is about providing parking for the actual use. 8.1(c). Argued this is not a medical center. Appellant’s building has more impact than property owner on property owner’s because changes in larger building would require Board discussed jurisdiction of building commissioner to decide. Tony Patillo stated that one avenue of review was the fact that he required sprinklers because of sleeping function. Used that as bases for primary use. Seewald stated there was no treatment on site. Barry Smith stated that Building Commissioner’s discretion is not unfettered by ordinance. David Bloomberg asked for clarification of No one speaking from public. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to close the hearing. Sara Northrup stated that she couldn’t find any thing in ordinance that would limit flexibility. David Bloomberg stated that common sense is requested in ordinance to ensure that unrealistic. Upon motion by Barry Smith, and second by David Bloomberg, the board voted unanimously to deny appeal. David Bloomberg asked for discussion before motion voted on. David Bloomberg stated he didn’t feel that there was any other way to interpret last statement in table of parking standards allowing that commissioner has discretion. Wouldn’t make sense if he didn’t have this discretion. Heard from Patillo that for purposes for satisfying parking that 2 people would stay all night long. Not able to speculate about future possible uses of property. Logical and natural tendency would be spillover from appellant’s property to defendant’s property given size of building that will be reused. Minutes for Jan 25. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to accept 1/25 minutes. NOTE NAIDORF property Gross building area is 11,900 sf with about 13 parking spaces. (40 required for retail/office) Northampton Zoning Board of Appeals Minutes of Feb 22 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 4:00 P.M . Bob Riddle opened the request by Hans Vaget & Ann Leone for a Finding to expand a pre-existing non-conforming structure at 26 Winthrop St, Northampton, Map Id 38B-281. Tom Douglas, architect representing the applicant, described the need for the Finding and how the project met the Finding standards. Ron Ackerman and Cleo Gorman, 32 Winthrop raised concerns about the expanse of the structure extending to the rear of the property. They expressed concern about it being a wall. The applicant stated that she would be more than willing to continue to work with her neighbors on mutually agreeable landscaping to soften the side of the building. The abutters felt comfortable with that. Bob Riddle granted the Finding with the condition that the landscaping be installed along as much fo the addition as feasible. Northampton Zoning Board of Appeals Minutes of March 8, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member Elizabeth Wroblicka, Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:40 P.M . Barry Smith opened request by Wright Builders for a Finding to construct an addition the to a building at 48 Bates St, Northampton Map ID 25A-45. Jonathan Wright described the nature of the non-conformity and the proposed additions for office space. Bob Riddle asked for clarification about the setbacks to the corners of the existing and proposed project. Peter Gramelli, abutter and partner in MGM, LLC spoke in favor of the project Upon motion by Bob Riddle and second by Elizabeth Wroblicka, the Board voted unanimously to close the hearing. Upon motion by Elizabeth Wroblicka and second by Bob Riddle, the Board voted unanimously to grant the Finding. Northampton Zoning Board of Appeals Minutes of April 26, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 4:10 P.M . Sara Northrup opened the request by Wright Builders, Inc. for a Finding to expand a non- conforming rear setback at 129 Vernon St, Northampton, Map Id 31A-313. Roger Cooney presented application to Board Administrator and presented photos of the existing conditions. There were no members of the public present. Sara Northrup closed the hearing and granted the Finding based on the fact that it was not substantially more detrimental to the neighborhood than the existing condition. Northampton Zoning Board of Appeals Minutes of May 10, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:40 P.M. David Bloomberg opened the appeal by Benjamin G. James and Oona Mia Coy of the Building Commissioner's Decision to confirm a building lot at 1 Ventures Field Rd, Map Id 32C-319. Ben James, 8 Pomeroy Terrace described the reason for the appeal. Bob Walker, property owner and project representative, clarified that the frontage issue needed to be clarified and that there was significant grade change from Ventures Field Road to the front lot line due to the need to build an elevated approach road to the flood control dike. The road is not part of the dike structure itself. There was no public comment. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Bob Riddle, the board voted 0 in favor, 3 opposed to overturn Building Inspector’s decision. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to uphold the Building Inspector’s decision and therefore deny the appeal. Upon motion by Barry Smith and second by Bob Riddle, the board voted unanimously to approve the minutes of March 8 and April 26. Northampton Zoning Board of Appeals Minutes of May 24, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:30 P.M. David Bloomberg opened the meeting and discussed summer schedules. The Board voted to meet July 26 and August 23. 5:35 P.M . David Bloomberg opened the Request for a dimensional Variance by Patrick Stevens/Mark Brousseau for an addition to 11 Langworthy Rd, Northampton, Map ID 31B-61. Mark Brousseau described the project and application on behalf of the property owner. David Bloomberg described the requirements for approval and the strict guidance they must follow from both state statute and subsequent caselaw. Such guidance dictates review based upon uniqueness of site, hardship, impact to ordinance and review of other relief. Anne Alexander, 11 Langworthy, asked for clarification of what and where additions to the existing house could be made. Staff and Board described alternatives and alternative permits. Board discussed with applicant permit approvals, zoning, and options for relocating the structure as well as alternative for Board action. No other members of the public were present. Upon motion by Barry Smith and second by Bob Riddle, the Board voted unanimously to close the hearing. Upon motion by Barry Smith and second by Bob Riddle, the Board voted unanimously to deny the request for the variance for the reasons discussed. Northampton Zoning Board of Appeals, Zoning Administrator Meeting Minutes of June 14, 2007 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 4:00 P.M . David Bloomberg opened the request by Patricia and Shelley Haggerty-Rahn for a Finding to expand a non-conforming use at 149 Elm St., Northampton, Map ID 31B-164. The applicants of 188 Overlook Drive described the application and presented additional photos. Ed Etheredge, attorney representing the abutter to the North, Melins, raised concerns about the size of the addition and open space and reduction of parking. He argued that there would be a detriment to the neighborhood due to the lack of parking. He raised a question about the footprint and the scale of the drawings. David Bloomberg asked about snow storage. David Bloomberg described the parking issue and change in the unit size might mean a change in the family size and potential financial status and number of cars. Lisa Halbert, attorney representing abutter on Round Hill Road, Catherine Smith, raised concern about the proximity of the new structure to the Round Hill Road home. Concerns about blocking light and views were raised. David Bloomberg discussed with the applicant and the abutters the option of reductin ghte structure to 1.5 stories. David Bloomberg suggested a continuation so that the applicant could consider the reduction in size/scale of the project, thereby reducing the parking requirements/demands. David Bloomberg moved to continue to July 26 at 4PM. 5:10 P.M . David Bloomberg opened the request by Shawn Houle for a Finding to expand a non- conforming structure at 119 Florida Ave, Northampton, Map Id 32C-151. David Bloomberg noted that no public was present nor was the applicant present. David Bloomberg moved to close the hearing and approve the finding based on the information submitted in the application. Northampton Zoning Board of Appeals Minutes of June 14, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:30 P.M. David Bloomberg opened the request for a dimensional Variance by Sheila Moos to convert an existing building to a single family house on 15 Marshall Std, Northampton, Map ID 25A-29. The applicant described the project and need for the variance for the 800 square foot footprint for first floor storage and second floor residential use. David Bloomberg read the variance criteria. Board discussed application compared to criteria. No members of the public present. Upon motion by Barry Smith and second by Bob Riddle, voted unanimously to close the hearing. Upon motion by Bob Riddle and second by Barry Smith, voted unanimously to approve the variance. Upon motion by Barry Smith and second by Bob Riddle, voted unanimously to approve the minutes of 2/22, 5/10, 5/24. Northampton Zoning Board of Appeals Minutes of June 28, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:30 P.M. Sara Northrup opened the request for a Special Permit for more signs and larger signs than standard for Big Y located at 136 North King St. Map ID 18D-1. John Jendza presented application David Bloomberg asked for clarification on “tower sign” and type of letter for wall signs. David Bloomberg asked for the need to view under. Barry Smith asked why the sign and was proposed to be 31’ tall. Jendza stated for reasons of visibility from the highway and the south. Existing sign is 24’ tall. Board discussed height. Applicant stated ability to reduce sign to 24’. Mark Munska, Pine Brook Curve asked about the box sign and the sign orientation perpendicular to N. King. Board discussed conditions. Upon motion by Barry Smith and second by David Bloomberg, voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Barry Smith, voted unanimously to approve the permit with conditions discussed. Northampton Zoning Board of Appeals, Zoning Administrator Meeting Minutes of July 26, 2007 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 4:00 P.M . David Bloomberg opened the continuation of the request by Patricia and Shelley Haggerty- Rahn for a Finding to expand a non-conforming use at 149 Elm St., Northampton, Map ID 31B-164. John Driscoll, attorney representing applicant, described the changes submitted since the last hearing including design changes to reduce the height in the rear by bringing ridgeline down 7’ and no second floor windows facing the Round Hill Rd. structure. Chris Wall, Berkshire Design Group, Inc. representing the applicant, presented a photo mock up and shadow study of the new structure. The applicant stated willingness to limb the trees on the border of the round Hill Road property to allow light in. Driscoll questioned whether a Finding was even required. Staff clarified the zoning ordinance. Lisa Halbert, representing abutter Catherine Smith, voiced concern about the value of the property with the new structure “blocking” light and views. She asked about snow removal and trash removal. Applicant stated that trash would be stored inside. Craig Melin, abutter to the west, responded to changes and raised concern about light and privacy. David Bloomberg made statements regarding parking and condominium documents and leasing restrictions and possible conditions to address these items. David Bloomberg closed the hearing and granted the Finding with conditions discussed. Northampton Zoning Board of Appeals Minutes of September 27, 2007 Council Chambers, 212 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup Vice Chair, David Bloomberg Malcolm B. “Barry” Smith Bob Riddle Assoc. Member , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 6:00 P.M. David Bloomberg opened the request by Kimberly Lange for a Special Permit to erect additional signs at 300 Pleasant St. Map ID 32C-177. Determining that there was no quorum for the hearing, Barry Smith moved with second by David Bloomberg, to continue the hearing without opening to 10/11 at 5:30 P.M. 6 PM Meeting adjourned. Northampton Zoning Board of Appeals Minutes of Meeting Thursday, October 11, 2007 Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup 5:30-6:00 pm Vice Chair, David Bloomberg, 5:30-6:00 pm Assoc. Member, Bob Riddle 5:30-6:00 pm Assoc. Member, Malcolm B. “Barry” Smith 5:30-6:00 pm Staff Present: Time Planning Director Wayne Feiden 5:30-6:00 pm Michael Cote, Intern 5:30-6:00 pm 5:30 pm. Sara Northrup opened the ZBA meeting with the continuation of a request by Kimberly Lange for a Special Permit to erect additional signs at 300 Pleasant St. Map ID 32C-177. (note: hearing continued from 9-27 w/o opening). Representative for Lange described their application. Board discussed. Sara puts forth question to public. No discussion. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to close public hearing. Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to issue the requested special permit for more than one wall sign. 5:40 pm. Sara Northrop opened the public hearing on the request by SF Properties LLC for a Finding to redesign non-conforming curb cuts to access a new bank at 491 Pleasant St. Northampton, Map ID 39A-31. Ed Etheredge, esq and Rick Klein of Berkshire Design Group, representing for application presented the application. Board questions applicants as to the details of existing site. The board reviewed the staff report and DPW’s comments. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to close the public hearing. Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to grant approval of the requested Finding, with the following conditions, 1 1.Three street trees of 2.5” caliper upon planting be installed on site, in accordance with Northampton Zoning requirements. 2.The North curb cut on Pleasant Street should be clearly marked as shown on the plans with directional pavement markings which shall be maintained so as to be clearly readable throughout the year. 3.Curb cut on Conz Street should be clearly delineated as exit-only with pavement markings which shall be maintained so as to be clearly readable throughout the year and with a sign, as shown on the plans. 4.12-month from the date of issuance of Certificate of Occupancy, or Temporary Certificate of Occupancy, whichever comes first, applicant will present the review to the Zoning Board who reserves the right to require additional pavement markings or directional signage. 5.Except as noted, all work shall be done as shown on the plans entitled “United Bank, Application Northampton, Massachusetts, Proposed Site Plan, ZBA Finding, Appliation Submission,” dated October 11, 2007, and prepared by The Berkshire Design Group, Inc. 6:00 pm. Upon motion by Barry Smith and second by Bob Riddle board voted unanimously to adjourn. 2 Northampton Zoning Board of Appeals Minutes of Meeting Thursday, October 25, 2007 Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, MA. Members Present: Time Chair, Sara Northrup 5:30-6:05 pm Vice Chair, David Bloomberg, 5:30-6:05 pm Assoc. Member, Bob Riddle 5:30-6:05 pm Assoc. Member, Malcolm B. “Barry” Smith - Staff Present: Time Senior Planner, Carolyn Misch 5:30-6:05 pm Michael Cote, Intern 5:30-6:05 pm 5:30 pm . Sara Northrup opened the ZBA meeting and public hearing for the request for a Special Permit to erect additional wall signs and a larger ground sign (more than 100 sq) at Lia Toyota, 280 King St., Northampton, Map ID 24B-50. Ronald Levesque, Sign Studio Inc., described his application. Board discussed application details, DPW comments (no comments), and suggested two conditions: 1). That no illegal, promotional or temporary signs be erected. 2). That sign lighting be shut off upon close of all operations. Sara Northrup opened the floor to the public. No public present Upon motion by David Bloomberg and second by Bob Riddle, voted unanimously to close the hearing. Upon motion by David Bloomberg and second by Bob Riddle, the board voted unanimously to approve application with the two above conditions. There was a brief discussion about operation of lights. Carolyn Misch submitted minutes for acceptance to the public record of minutes from previous sessions, June 14, June 28 (full board meeting only), July 26, and September 27. Upon motion by Bob Riddle and second by David Bloomberg, the board votes unanimously to accept minutes as presented. Upon motion by David Bloomberg and second by Bob Riddle the board voted unanimously to adjourn.