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Dec 8, 2012 Minutes The Northampton Zoning Board of Appeals Minutes of Meeting Dec 8, 2011 City of Northampton Hearing Room 18, 210 Main St., Northampton, MA Members Present: Time  Chair, David Bloomberg  Vice Chair, Malcolm B. “Barry” Smith  Sara Northrup Left 7 PM  Bob Riddle, Assoc. Member  Elizabeth Silver, Associate Member Staff:  Senior Planner, Carolyn Misch Left 7 PM Planning Director, Wayne Feiden 5:30 P.M. David Bloomberg opened the hearing on a the special permit for Home Business by Kelly Coffey at 40 Vernon St, Northampton Map ID 31A-115. Coffey described her permit and need to return. She noted letters of support in the package. David Bloomberg asked if she was in compliance with all the conditions originally granted. She confirmed. David Lalima, 51 Vernon Street asked what the home business was. Upon motion by Barry Smith and second by Sara Northrup, the board voted unanimously to close the hearing. Upon motion by Sara Northrup and second by Barry Smith, the board voted unanimously to approve the permit with the original conditions to remain except there would be no time limit on the permit. Upon motion by Barry Smith and second by Sara Northrup the board voted unanimously to accept the minutes of November 10 as amended and described by staff. 5:40 P.M. David Bloomberg opened the Commercial Finding for Cumberland Farms for preexisting non-conforming setbacks and parking location at 100 Main St., Florence, Map IDs 23A-67 & 68. Peter MacConnell, attorney representing Cumberland Farms described the application and standards that met the Finding. He showed a rendering of the site (see laserfiche for presentation) David Bloomberg asked for clarification on the applicant’s position as it relates to the request and confirmed that they believed the narrow focus was on parking use as currently exists vs. the proposed. David Bloomberg asked about the number of new trips to be generated at the site and its impact. MacConnell stated that Mass General Law requires clerk to be able to see the gas pumps. Therefore the door would have to be on the back side of the building if the building were to be located at the street. He noted that they did not want two doors because of concern of theft and product layout. Board discussed the merits of considering Finding Standards based on the total package presented or just on the narrow issue of parking in front of proposed building. Elizabeth Silver asked why the store is so much larger than the one at the existing site. MacConnell stated they wanted to sell more products and have six gasoline dispensers. David Bloomberg noted that if the larger building doesn’t work/fit on the site perhaps it is the wrong location. Elizabeth Silver asked why there couldn’t be doors/windows on the street side of a building if it were located at the sidewalk ( in addition to windows facing the pumps). MacConnell noted that it wouldn’t leave any space for products with six dispensers. He noted that glass/windows on the street side would not allow area for product shelving. Sara Northrup noted that Department of Public Works hadn’t reviewed the proposed new lighting. Bob Riddle noted the building could face Maple Street and be brought up to Main Street. Bill Dwight asked about specific language in statutory requirements for viewing pumps. What about video monitoring or mirrors? Lucy Longstret, 84 Main St, Florence asked for clarification of the application. She noted that it was the most heavily pedestrian site in Florence which must be considered. Mary Casper, 106 High Street, noted she could see the site from the hill and the previous parking use was rarely used and only by vehicles being serviced unlike in the proposed condition. She raised concerns about the light levels. Michael Casper, asked if this was the right location for such a use. Jody Nicolas, 28 Keyes Street noted that the new use is substantially bigger than the previuos use and the parking spaces in front are used differently. Robert Ross of 40 Keyes St stated that there was no need for a gas station. He also noted that Cumberland Farms often partners with food establishments and could have such an arrangement whereby the vendor is on the street side. The Board discussed options for consideration under the Finding. Barry Smith suggested that the issue be focused on parking in front only. Elizabeth Silver asked if the applicant had attempted to discuss project with the neighbors and address plans. David Bloomberg asked about applicant’s timing for purchase. Gene Tacy, Councilor Ward 7, stated concerns about traffic and the frequency of cars entering and exiting the proposed store. Steve Shea, Trustee for Timothy Shea Trust, echoed Tacy’s concerns about traffic and believes that it would be detrimental to Florence. Atty. Michael Pill stated concerns that once a building is torn down it is no longer a non-conforming use and stated case laws. Atty. Pill stated concerns about the extension of use onto another parcel and believes that it is a highway business use in a general business zone. Atty. MacConnell stated that the parking is non-conforming; the building isn’t and that there would be no parking on the house lot and is asking the Board to find that the location of parking is not more substantially detrimental to the neighborhood. Silver stated that replacement of parking spaces and new use of the parking spaces is relevant. The Board agreed that the legal issues raised by Atty. Pill necessitates keeping the hearing open for analysis. The Chair encouraged Attorneys Pill and MacConnell to discuss the issues for any compromise. Upon motion by Mr. Smith and second by Ms. Silver the Commission voted all in favor to th continue the hearing until Jan. 12 at 5:30 p.m. in the City Council Chambers and that in the th event that there is not a quorum the hearing will be continued until Jan. 26, 2012. 7:40 P.M. David Bloomberg opened the Commercial Finding for expansion of pre-existing non- conforming use at Spaces For Rent 94 Industrial Dr, Northampton, Map ID 25A-182 Mark Reed, Heritage Surveys and Bob Foote represented Spaces for Rent. Mark Reed stated that the applicant is proposing two new storage buildings and has just received Conservation Commercial approval of the project. The Board discussed the location of buildings and whether an expansion of the finding is not substantially more detrimental to the neighborhood. The Chair disclosed that he’s a tenant of Spaces for Rent and will not be voting on the matter. Upon motion by Mr. Smith and second by Ms. Silver the remaining members voted all in favor to approve the finding contingent upon Planning Board and Conservation Commission approval. 7:45 P.M. David Bloomberg opened the Commercial Finding for change in non-conforming use for Phillips Auto Glass at 144 King St 24D-162. Betty Dupre, and Phillip Rosenfield owner and project applicant of 144 King Street appeared before the Board for a finding for a change in a non-conforming use. Mrs. Dupre stated that the proposed new tenant is Phillips Auto Glass and discussed parking and adding green space. The Chair read the recommendations by staff. The Chair disclosed that he’s a customer of Nicky D’s and will not be voting on the matter. Bill Dwight, 39 Myrtle Street, stated his support of the project. Upon motion by Mr. Riddle and second by Mr. Smith the Board voted all in favor to close the hearing. Upon motion by Mr. Smith and second by Mr. Riddle the remaining members voted all in favor to grant the finding for a change in a non-conforming use for Phillips Auto Glass with conditions recommended by staff. Upon motion by Ms. Silver and second by Mr. Smith the Board voted all in favor to adjourn the meeting at 7:53 p.m.