2009 ZBA minutes
The Northampton Zoning Board of Appeals
Minutes of Meeting
May 14, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg
Vice Chair, Malcolm B. “Barry” Smith
Sara Northrup
Bob Riddle, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
5:30 P.M
. David Bloomberg opened the request by R. Michelson Galleries for a special permit
to erect a rear wall sign at 132 Main St, Northampton, Map ID 32C-7.
Paul Galon, Manager for the gallery described the request.
There was no public comment.
Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to
close the hearing.
Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to
approve the special permit as presented.
5:40 P.M
David Bloomberg opened the request by Richard Cahillane for a Finding to change a
pre-existing non-conforming use at 375 South St, Northampton Map ID 38C-20.
Richard Cahillane described the application and the planned hours of operation: Sundays 7-3 and
possibly Saturdays with indoor and outdoor vendors.
Staff read Department of Public Works comments.
The Board discussed staff comments.
Concerns were raised by neighbors on South Street about weekend hours of operation and traffic.
Upon motion by Sara Northrup and second by Barry Smith, 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 Finding with conditions in staff report.
5:55 Adjourn
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The Northampton Zoning Board of Appeals
Minutes of Meeting
May 28, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg
Vice Chair, Malcolm B. “Barry” Smith
Sara Northrup
Bob Riddle, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
5:30 P.M
. David Bloomberg opened the request by Agnoli Sign Company for a special permit
to erect a ground sign at 440 Pleasant St, (Hampden Zimmerman), Northampton, Map Id 39A 25
& 80.
Christine Morrow, Agnoli Signs, presented the request on behalf of Hampden Zimmerman. She
described why the sign was installed prior to the hearing indicating the confusion in the response
by the Building Department.
David Bloomberg asked about illumination and hours of operation.
Morrow stated that there are 2 lamps in the sign and the store was open until 5, but that the
showroom might be open late on some nights.
There was no public comment.
Upon motion by Sara Northrup and second by Bob Riddle, the Board voted unanimously to close
the hearing.
There was a discussion of conditions.
Upon motion by Sara Northrup and second by Bob Riddle, the Board voted unanimously to
approve the special permit with a condition that the sign be turned off at 9 PM.
The Board voted to meet on July 23 and Aug 28 for the summer sessions.
5:40- Adjourn
The Northampton Zoning Board Administrator
Minutes of Meeting
May 28, 2008
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
Bob Riddle, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
4:00 P.M. David Bloomberg opened the continuation of the request for a Finding to expand a non-
conforming side yard setback by Robert Walker for property located at 13 Fort St., Northampton, Map ID
38B-179. He recounted the previous hearing.
Bob Walker, described the changes to the exterior elevations proposed based on comments from the
neighbors. These included changing the window openings to be single width and smaller. He also
suggested he could shorten the extension by 3’.
He presented additional information about the footprints of his proposed structure compared to the two
houses on either side of his.
David Bloomberg described concern about light and air on the neighbors.
Libby Arney, 11 Fort Street, raised a concern about light and air being blocked.
Kate Miller, 15 Fort Street raised a concern about the size/scale of the structure, blocking light and the
timing of construction.
David Bloomberg again expressed concern about massing of expansion.
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Walker showed a revised plan with 16’ long 2 story and 24’ long first floor.
David Bloomberg discussed proposed changes with abutters and applicant.
David Bloomberg closed the hearing and issued the Finding based upon the revised plans for a reduced
nd
2 floor length. Overall footprint of 24 x20 with a second floor of 16 x 20.
4:35 Adjourn.
The Northampton Zoning Board of Appeals
Minutes of Meeting
June 25, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg
Vice Chair, Malcolm B. “Barry” Smith
Sara Northrup
Bob Riddle, Assoc. Member
Elizabeth Silver, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
Building Commissioner, Anthony Patillo
5:30 P.M.
David Bloomberg opened the request byBarry Goldstein for a special permit to erect
an 8’ fence at the rear of the property at 13 Trumbull Rd. Northampton, Map ID 31B-154.
Barry Goldstein presented the request and submitted an email letter of support for the record.
There was no public comment.
Upon motion by Sara Northrup and second by Barry Smith, 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 special permit.
The Board approved minutes from 5-14 with changes, both hearings for 5/28 and 4-23.
Board adjourned at 5:35.
The Northampton Zoning Board of Appeals
Minutes of Meeting
July 23, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg
Vice Chair, Malcolm B. “Barry” Smith
Sara Northrup
Bob Riddle, Assoc. Member
Elizabeth Silver, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
Building Commissioner, Anthony Patillo
5:30 P.M
. David Bloomberg opened the request for a special permit by Stuart Rose for a
ground sign at 369 Pleasant St., Northampton, Map ID 32C-140.
Stuart Rose presented the application.
David Bloomberg confirmed that there was no lighting planned.
Sara Northrup asked about location and sight distance.
There was no public comment or concerns from Department of Public Works.
Upon motion by Elizabeth Silver and second by Sara Northrup the Board voted unanimously to
close the hearing.
Upon motion by Sara Northrup and second by Elizabeth Silver, the Board voted unanimously to
grant the special permit as presented.
5:40 P.M
. David Bloomberg opened the request for a special permit to convert an existing
garage to a detached accessory apartment at 317 Kennedy Rd, Leeds, Map ID 9-5.
Henry Glick presented the application.
David Bloomberg asked about changes to exterior proposed, including windows and doors.
Applicant confirmed sizes.
Staff read Department of Public Works comments.
David Bloomberg confirmed compliance with the ordinance.
Upon motion by Elizabeth Silver and second by Sara Northrup the Board voted unanimously to
close the hearing.
Upon motion by Sara Northrup and second by Elizabeth Silver, the Board voted unanimously to
approve special permit with the following condition:
Prior to issuance of a building permit, the applicant shall receive all appropriate sign-offs from
DPW , BOH, DEP for septic system expansions.
5:50 P.M.
David Bloomberg opened the appeal of Building Inspector on enforcement action at
Oxbow Marina by Jennifer Remillard, Island Rd, Northampton, Map Id 45-58.
David Martell, Doherty Wallace, representing applicant/appellant provided an overview of
arguments from the neighborhood and history of permit process.
He submitted a copy of letter from Wayne Feiden to the Planning Board.
Katherine Zukowski 99 Island Rd. showed pictures of Island Road pothole conditions and
proximity of houses to the street.
Jennifer Remillard, 178 Island Rd. played a video showing the volume of cars passing during
practice/game times. She stated that there were 13 in 47 seconds.
She provided car counts at auxiliary lot on sample days and stated that the applicant had not kept
up with traffic counts as required in the permit.
Laura Mele, 115 Island Road stated concern about traffic and lack of parking lot use.
Cathy Sargent, 121 Island Rd, reiterated concerns voiced by others.
Philip Sullivan 96 Island Rd, restated concerns of neighbors.
John Carry 99 Island Rd reiterated safety issue.
Tim Stokes, President Northampton Soccer Club 20 Turkey Hill Rd Westhampton described
details of memo submitted. Stated that distance from auxiliary lot to the field is too far for the
players to walk and therefore no a viable alternative.
David Bloomberg asked about carpooling from the field.
The Board discussed actual distance from the lot to the soccer fields.
David Bloomberg confirmed arguments from appellants: lot not being used, counts not being
made.
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Tim Stokes claimed that the best data is in the Spring since this season sees the heaviest use.
Data show a decline in number of trips on the road.
David Bloomberg confirmed that the issue is whether the permit is being violated. The data
show a reduction but not relevant to compliance with the permit.
Steven Butler, 94 Vernon St, coach of Northampton Soccer Club stated that it is more convenient
to carpool from player’s neighborhoods to Island Rd. instead of carpooling from the auxiliary lot.
Jeff Hutchins, 44 Bridge Rd, coach of Northampton Soccer Club, described his carpooling
efforts from offsite.
Mike George, Chesterfield coach, described carpooling and game schedule at alternative fields.
Tony Patillo, Building Commissioner, described his position and determination that carpooling
was the goal as stated in the permit. Therefore a cease & desist was not an appropriate action as
requested by neighborhood.
Elizabeth Silver asked if there is a way to distinguish between soccer and marina traffic.
Staff confirmed there was not.
David Bloomberg read Wayne Feiden’s letter.
Sam Intrader 240 N. Farms Rd stated the problems of parking lot.
David Bloomberg clarified that the appellant was not seeking a cease & desist but was looking
for the required parking lot to be used.
The Board discussed proper procedure given the differences in the appeal application and the
response of the Building Commissioner. Board discussed ramifications of overturning the
Commissioner.
Tom Miranda, representing Northampton Soccer tried to argue that parking lot was impractical.
Upon motion by Sara Northrup and second by Elizabeth Silver, the Board voted unanimously to
close the hearing.
Upon motion by Elizabeth Silver and second by Sara Northrup the Board voted unanimously to
Overturn Building Commissioner’s order based on the misinterpretation of the original request
and recognizing that the request was to enforce use of parking lot as spelled out in special permit.
Enforcement required to utilize parking area as stated in special permit.
Upon motion by Elizabeth Silver and second by Sara Northrup the Board voted to adjourn at
7:50 p.m.
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SR
TAFF EPORT
REGULAR MTG
TO: Zoning Board of Appeals -
FROM: Carolyn Misch
APPROVED: Wayne Feiden
RE: July 23 Public Hearing
DATE: July 16, 2009
1.Special Permit: Ground Sign
Project Address: 369 Pleasant St
Zoning General Business
Adjacent Uses: Commercial
Ground Signs in the General Business District require a special permit in accordance with §7.4D-3:
In particular instances the Zoning Board of Appeals may issue a special permit for one ground sign, in addition to wall
sign(s) permitted in § above, for each lot frontage of each lot in the Neighborhood Business (NB), General
350-7.4B
(a)There must be unique features to the structure, the orientation of the structure, the location or setback of the
structure, or the location of establishments in the structure, especially affecting such structure or establishment, but
not generally affecting the zoning district in which it is located, which restrict the visibility of wall sign(s) otherwise
allowed by this chapter.
(b) Said ground sign shall be located in the same lot as the structure or establishment being advertised.
(c) Said ground sign shall not exceed a height of 10 feet, nor have a surface area greater than 80 square feet in the
CB or GB Districts or greater that 20 square feet in the NB District, though the Zoning Board of Appeals may require
a lesser height or size.
Staff Recommendation
(Special Permit takes unanimous vote): Given the location of the structure,
which is setback from Pleasant Street and the size, staff recommends approval of the request.
2.Special Permit: Detached Accessory Apartment
Project Address: 317 Kennedy Rd
Zoning Rural Residential/WSP overlay
Adjacent Uses: Residential
Conformance with Sustainable NH
Goals of Sustainable NH include encouraging new
housing options for a range of affordability.
The applicant requests conversion of a detached garage to an accessory apartment which requires
a special permit under section 350-10.10.
The Building Commissioner may issue a zoning permit authorizing the installation and use of an accessory
apartment within an existing or new owner-occupied, single-family dwelling and the Zoning Board of Appeals may
issue a special permit authorizing the installation and use of an accessory apartment in a detached structure on a
single-family home lot only when the following conditions are met:
(1) The apartment will be a complete, separate housekeeping unit containing both kitchen and bath.
(2) Only one accessory apartment may be created within a single-family house or house lot.
(3) The owner(s) of the residence in which the accessory unit is created must continue to occupy at least one of the
dwelling units as their primary residence. The zoning permit or special permit for the accessory apartment
automatically lapses if the owner no longer occupies one of the dwelling units.
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(4) Any new outside entrance to serve an accessory apartment shall be located on the side or in the rear of the
building.
(5) The gross floor area of an accessory apartment (including any additions) shall not be greater than 900 square
feet.
(6) Once an accessory apartment has been added to a single-family residence or lot, the accessory apartment shall
never be enlarged beyond the 900 square feet allowed by this chapter.
(7) An accessory apartment may not be occupied by more than three people.
(8) Three off-street parking spaces must be available for use by the owner-occupant(s) and tenants.
(9) The design and room sizes of the apartment must conform to all applicable standards in the health, building, and
other codes.
(10) Zoning permits issued under this section shall specify that the owner must occupy one of the dwelling units. The
zoning permit and the notarized letters required in Subsection B(11) and (12) below must be recorded in the
Hampshire County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with
documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory
apartment.
(11) When a structure which has received a permit for an accessory apartment is sold, the new owner(s), if they
wish to continue to exercise the permit, must, within 30 days of the sale, submit a notarized letter to the Building
Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence. This
statement shall be listed as condition on any permits which are issued under this section.
(12) Prior to issuance of a permit, the owner(s) must send a notarized letter stating that the owner will occupy one of
the dwelling units on the premises as the owner's permanent primary residence, except for bona fide temporary
absences.
Staff Recommendation
(Special Permit takes unanimous vote):
Approve conversion of structure as it appears to meet the criteria of the zoning ordinance and the intent
of the long range sustainability plan.
3.Appeal of Building Inspector (Chpt 40A §8): on Enforcement Request
Project Address: Oxbow Marina, Island Rd.
Zoning Special Conservancy
Adjacent Uses: Residential/Commercial Outdoor Rec.
A resident of Island Road requested that the Building Inspector (BI) enforcement a Planning Board
decision granted to Northampton Soccer Club and Western United Football Club. The crux of the issue is
whether or not the soccer clubs were adequately complying with the Planning Board decision which
includes a condition that an off-site parking lot shall be used to help mitigate traffic flows down Island
Road to the marina. Please see the Planning Board decision attached in the application.
The Building Inspector did not take action because it was not clear to him that the Planning Board
decision required that the offsite parking lot be used first prior to use of the parking at the marina itself.
Planning Board issued a 3- year special permit based on an application presented which offered a
means to mitigate traffic to the Island Rd residents. One thing offered during the hearing was to use a
parking lot at Packaging Corp(on Rt 5), which could accommodate 60 cars. This is further
emphasized in the finding section of the decision.
The BI did consult with the Planning Board upon the initial request for enforcement. Though the
Planning Board did not have jurisdiction in enforcement, the Board indicated that the spirit of the
decision was that a good faith effort should be made to use the off-site parking for some number of
vehicles, if not 60.
This issue of neighborhood impacts from soccer-related traffic at the Marina is for the Planning Board to
determine. A time-limited permit due to expire in June 2010 was granted and will be reevaluated at that
time if the clubs are interested in continuing to play at the Marina.
Staff Recommendation
(Appeal requires unanimous vote to overturn BI):
The issue for the Board is to determine whether or not the BI should have issued a violation notice to
Northampton Soccer for their lack of compliance because the off-site parking lot was not being used as a
drop-off/parking area.
The Northampton Zoning Board of Appeals
Minutes of Meeting
Aug 27, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg Left @ 5:50
Vice Chair, Malcolm B. “Barry” Smith
Sara Northrup
Bob Riddle, Assoc. Member
Elizabeth Silver, Assoc. Member Left @ 5:50
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
5:35 P.M.
David Bloomberg opened the request byrequest by Sarah Getoff for a Home
Occupation Special Permit at 37 Orchard St., Northampton, Map ID 25C-144.
Sarah Getoff described her office application and proposed sign.
David Bloomberg confirmed that she would comply with the criteria in section 10.12.
Barry Smith asked about the upper cap on clients of 25 per week.
Claudia Hodges, 33 Orchard Street asked for clarification on hours of operation and number of
clients.
The Board discussed conditions to address clients and type of compact discs to be sold.
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
grant the special permit with two conditions related to sales and number of clients per week.
David Bloomberg and Elizabeth Silver recused themselves from the 5:45 hearing due to
conflicts with the applicant.
5:50 P.M.
Barry Smith opened the request by Howard Sasson for a special permit to install
more than one rear wall sign at 100 Main St., Northampton, Map Id 32C-014.
Sasson described the need for the signs. Indicated they would not be lighted.
Board discussed the application. There was no public comment.
Upon motion by Bob Riddle and second by Sara Northrup, the Board voted unanimously to close
the hearing.
Upon motion by Bob Riddle and second by Sara Northrup, the Board voted unanimously to
approve the special permit for the sign as presented.
5:55 P.M.
Barry Smith opened the request by Yong Hao Chen/Sakura Asian Seafood Buffet for
a special permit to erect more than one ground sign at 261 King St., Northampton, Map ID 24B-
89.
Yan Chen, representing her father the applicant, presented the request for the temporary sign.
The Board clarified that it would be 15’ tall placed in front of the building for a period of one
month for a “grand opening” period.
Staff read Department of Public Works comments.
Board discussed conditions.
No public was present.
Upon motion by Bob Riddle and second by Sara Northrup, the Board voted unanimously to
close the hearing.
Upon motion by Sara Northrup and second by Bob Riddle, the Board voted unanimously to
approve the temporary sign special permit with conditions related to the setback and the date for
the balloon sign to be taken down.
6:05 Board adjourned.
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SR
TAFF EPORT
ZONING ADMINISTRATOR MTG—Barry Smith
TO: Zoning Board of Appeals -
FROM: Carolyn Misch
APPROVED: Wayne Feiden
RE: Aug 27 Public Hearing
DATE: Aug 20, 2009
1.Finding: Side Yard setback.
Project Address: 73 Warner St
Zoning Urban Res B
Adjacent Uses: Residential
The applicant seeks permission to extend the rear of the house which is currently 3’ from the side
property boundary. The expansion would maintain the 6’ side setback where the zoning calls for 15’.
In accordance with section 9.3, the Zoning Board of Appeals Administrator must find that the change,
expansion or alteration to a preexisting nonconformity will not be substantially more detrimental to the
neighborhood than the existing nonconforming nature of the structure, lot and or use.”
Staff Recommendation
: Staff has no concerns and no comments from Department of Public Works.
2.Finding: Side Yard setback.
Project Address: 247 State St
Zoning Urban Res C
Adjacent Uses: Residential
The applicant seeks permission to build a second story on the first floor footprint which is 5.5’ from the
side lot line. The zoning requires 15’.
In accordance with section 9.3, the Zoning Board of Appeals Administrator must find that the change,
expansion or alteration to a preexisting nonconformity will not be substantially more detrimental to the
neighborhood than the existing nonconforming nature of the structure, lot and or use.”
Staff Recommendation
: Staff has no concerns and no comments from Department of Public Works.
The site is an in-town lot that would enable expansion and potentially offset needs to build a larger
structure outside of town. The adopted land use plan for the City seeks to encourage infill opportunities
for homeowners to support vibrant in-town neighborhoods.
REGULAR MTG
TO: Zoning Board of Appeals -
FROM: Carolyn Misch
APPROVED: Wayne Feiden
RE: Aug 27 Public Hearing
DATE: Aug 20, 2009
2
1.Special Permit: Home Occupation
Project Address: 37 Orchard St
Zoning General Business
Adjacent Uses: Commercial
Applicant seeks permission to see clients in her residence and as such requires a special permit under
§10.12 because it involves people coming to the residence who do not live on site.
10.12--All home occupations (as defined in § 350-2.1) and special permits issued for home
occupations shall comply with the following:
A. It must be clearly incidental and secondary to the use of the building or property for residential
dwelling purposes.
B. It must be conducted by the principal practitioner who occupies the main building as his/her bona
fide residence, with no more than one other person engaged in the occupation except members of the
immediate family also residing in such building.
C. It must not occupy more than 40% of the gross combined floor area of the main building, and the
accessory structure (if such accessory structure is utilized for said home occupation).
D. One sign may be displayed advertising the home occupation, provided that:
(1) It does not exceed one square foot in area; and
(2) It is attached to the structure next to or on the entryway for said home occupation; and
(3) It is not illuminated.
E. Goods may only be offered for sale from the premises if the Zoning Board of Appeals expressly
permits it in the issued special permit.
F. All goods sold must be produced or manufactured on the premises. However, Internet, telephone or
electronic transactions of goods not manufactured on the premises may be allowed. Stored goods for
such transactions may comprise up to 15% or 200 square feet (whichever is less) of the area
designated for the home office/occupation through the special permit process.
G. The hours of operation shall be expressly stated in the special permit issued by the Zoning Board of
Appeals.
H. The hours and frequency of deliveries of products and/or materials shall be expressly stated in the
special permit issued by the Zoning Board of Appeals.
It shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference which
would be detectable to normal sensory perception beyond the lot line.
K. The portion of any structure utilized for a home occupation shall conform to all applicable Fire,
Building, Electrical, Plumbing and Health Codes.
L. Prior to the commencement of any home occupation, a certificate of occupancy must be received
from the Building Commissioner for any structure, or portion thereof, used for said occupation.
M. All special permits for home occupation must be renewed once, immediately following the first year
of operation. Permit may be renewed in perpetuity upon application to the Building Commissioner if
nothing has changed in the project since its first special permit application and if the applicant provides
written evidence satisfactory to the Building Commissioner that all of the owners of all parcels within
300 feet of the subject property have no objection to the use. Otherwise, the applicant can renew the
permit using the same procedures as an original special permit submission.
N. All special permits for home occupations are nontransferable and are specifically issued to a
specific applicant for a specific home occupation.
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Staff Recommendation
(Special Permit takes unanimous vote): Staff recommends approval as this
location is close to town and contains residences of mixed uses and densities. Approval would be
consistent with the city’s plan and zoning. The Board may wish to consider conditions limiting the number
of clients allowed per week as stated in the application (25).
2.Special Permit: More than one rear wall sign per structure
Project Address: 100 Main St
Zoning Central Business
Adjacent Uses: Mixed commercial/residential
Conformance with Sustainable NH
Goals of Sustainable NH include encouraging new &
Existing businesses.
This permit request comes before the board because there already exists 2 rear wall signs on the
building. The zoning allows one rear wall sign that cannot exceed a height of 10’ in §7.4B-5:
Rear wall. One rear wall sign per structure, provided that :
(a) The rear wall abuts upon a public right-of-way or a public or private parking lot; and
(b) The surface area of the sign shall not be larger than 25 square feet; and
(c) The sign shall not be higher than 10 feet above grade.
Section 7.2 M allows:
The Board of Appeals may issue a special permit allowing more than the number of signs
herein permitted and/or for signs of a larger size or height than herein permitted, provided that:
(1) Signs are located only where they are otherwise permitted in the district; and
(2) The Board of Appeals determines that the architecture of the building, the location of the building or the land or
nature of the use being made of the building or land is such that additional signs or signs of a larger size would not
detract from the character of the neighborhood and should be permitted in the public interest. Additional ground signs
shall only be approved if there are exceptional circumstances to warrant their approval and if all efforts are
undertaken to keep additional ground signs as small and low as possible.
(3) The Board of Appeals specifies in the permit the exact sign permitted, the size and location of the sign or signs,
and, if applicable, imposes other restrictions. Any change in said signs requires a new or revised special permit
unless the special permit specifies what types of changes are allowed.
NOTE: In other sections of the sign ordinance, there are exceptions to the number of side and front wall
signs for businesses in the CB allowing for multiple tenants in individual buildings. In CB, the number of
signs is based on establishments within and not to the structure. The rear wall sign section is the only
section that does not allow for multiple tenant buildings and by-right relief for more than one rear wall
sign.
Staff Recommendation:
(Special Permit takes unanimous vote) Staff recommends approval for the sign
taller than 10’ as it is above a door and for more than one rear wall sign given that it is for a different
establishment than the ones that currently have signage on the wall.
3.Special Permit: More than one ground sign
Project Address: 261 King St.
Zoning Highway Business
Adjacent Uses: Mixed commercial
The applicant wishes to install a temporary inflatable “balloon” at the restaurant site. Though the
application states that the request is for a 24’ rooftop balloon, the plans within show a 15’ tall ground sign.
Roof signs are not allowed at all within Northampton, so the only permit the Zoning Board of Appeals
could issue with a special permit application would be for a second ground sign as provided for in section
7.2M:
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The Board of Appeals may issue a special permit allowing more than the number of signs herein permitted and/or for
signs of a larger size or height than herein permitted, provided that:
(1) Signs are located only where they are otherwise permitted in the district; and
(2) The Board of Appeals determines that the architecture of the building, the location of the building or the land or
nature of the use being made of the building or land is such that additional signs or signs of a larger size would not
detract from the character of the neighborhood and should be permitted in the public interest. Additional ground signs
shall only be approved if there are exceptional circumstances to warrant their approval and if all efforts are
undertaken to keep additional ground signs as small and low as possible.
(3) The Board of Appeals specifies in the permit the exact sign permitted, the size and location of the sign or signs,
and, if applicable, imposes other restrictions. Any change in said signs requires a new or revised special permit
unless the special permit specifies what types of changes are allowed.
There is a permanent ground sign on site. In addition there are 2 temporary banners on the ground.
These do not conform to zoning and have not been permitted by the building department. The zoning
does allow temporary wall signs/banners to be hung not more than 30 days to advertise a new
business/restaurant in the HB district. There is no provision for a temporary ground sign.
Issues:
Though total square footage has not been provided, it appears that this balloon is larger than 100
square feet which is the maximum size sign face allowed in the HB district.
No location or setback for the balloon is shown. It is possible that such a sign could cause sight
distance issues for drivers on King St or coming out of Potpourri Plaza.
The sign is not in keeping with the efforts of the city to minimize sign “clutter” on King Street and
modify over time this gateway corridor to downtown by adding landscape and streetscape
elements.
Staff Recommendation:
(Special Permit takes unanimous vote) Staff does not recommend approval of
such a large ground sign. The sign does not appear to meet the criteria for approval in section 7.2 M
given that there is a visible permanent ground sign that is comparable to most other signs on King
Street.
The Northampton Zoning Board Administrator
Minutes of Meeting
August 27, 2009
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
Bob Riddle, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
4:00 P.M.
request by Elaine Kersten for a Finding to construct a rear
Barry Smith opened the
addition ~6’ from the side property boundary at 73 Warner St., Florence, Map Id 23D-81.
Elaine Kersten described her project.
There was no public comment. Barry Smith closed the hearing and issued the finding based on
the application.
4:10 P.M.
Barry Smith opened the request by Joan Sellers for a Finding to construct a second
story addition ~5.5’ from the side property boundary at 247 State St., Northampton, Map ID
24D-126.
Joan Sellers described the project.
Staff read Department of Public Works comments.
There were no other public comments.
Barry Smith closed the hearing and issued the Finding with conditions based upon the application.
The Northampton Zoning Board of Appeals
Minutes of Meeting
Sept 10, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg
Vice Chair, Malcolm B. “Barry” Smith
Sara Northrup 5:35
Bob Riddle, Assoc. Member
Elizabeth Silver, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
5:30 P.M.
David Bloomberg opened the request byrequest by Seigel Signs for a special permit
to erect a ground sign in the GB district at 29 N. Main St, Florence, Map Id 17C-253.
Robert Godfried, representing Siegel Signs, described the application. He stated the old sign
would be removed.
David Bloomberg confirmed that there was no illumination planned.
There was no public comment.
Upon motion by Barry Smith and second by Elizabeth Silver, the Board voted unanimously to
close the hearing.
Upon motion by Barry Smith and second by Elizabeth Silver, the Board voted unanimously to
grant the permit as presented.
The Board approved minutes of 6-25, 7-23, and both sets of 8-27.
5:45 Adjourn.
The Northampton Zoning Board of Appeals
Minutes of Meeting
Oct 22, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg
Vice Chair, Malcolm B. “Barry” Smith
Sara Northrup
Bob Riddle, Assoc. Member
Elizabeth Silver, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
5:35 PM
David Bloomberg opened Request by Meg Largey for a Special Permit and Finding to
expand a non-conforming residential use by creating a home occupation for massage therapy at
56 Bradford St, Northampton, Map ID 24B-80.
Meg Largey presented application.
The Board discussed conditions relative to sales and hours of operation.
Staff read letter of support from abutter, Dave Short.
Upon motion by Sn and second by Barry Smith, the Board voted unanimously to close the
hearing.
Upon motion by Sara Northrup and second by Barry Smith, the Board voted unanimously to
grant the Finding and Special Permit.
5:55 P.M.
David Bloomberg opened the request by Heather Dudko/Philadelphia Sign Company
for a special permit to erect a ground sign for Steve Lewis Subaru in the GB district at 48 Damon
Rd, Northampton, Map ID18D-34, 35.
Staff read request to withdraw.
Upon motion by Barry Smith and second by Sara Northrup, the Board voted unanimously to
allow the withdrawal without prejudice.
Board discussed minutes of 10-8 4 PM and 10-8 5:30. Upon motion by Sara Northrup and
second by Barry Smith, the Board voted unanimously to approve minutes with change as noted
by David Bloomberg.
6 PM adjourn.
SR
TAFF EPORT
REGULAR MTG
TO: Zoning Board of Appeals -
FROM: Carolyn Misch
APPROVED: Wayne Feiden
RE: Sept 10 Public Hearing
DATE: Sept 3, 2009
1.Special Permit: Ground Sign
Project Address: North Main St
Zoning General Business
Adjacent Uses: Commercial
The applicant recently located at the site and would like to replace the existing sign with a new lower
sign.
In accordance with 350-7.4 (D3) all ground signs in the GB district require a special permit from the
Zoning Board of Appeals.
In particular instances the Zoning Board of Appeals may issue a special permit for one
ground sign, in addition to wall sign(s) permitted in § 350-7.4B above, for each lot frontage of
each lot in the Neighborhood Business (NB), General Business (GB) and Central Business
(CB) Districts, provided that:
(a) There must be unique features to the structure, the orientation of the structure, the
location or setback of the structure, or the location of establishments in the structure,
especially affecting such structure or establishment, but not generally affecting the zoning
district in which it is located, which restrict the visibility of wall sign(s) otherwise allowed by
this chapter.
(b) Said ground sign shall be located in the same lot as the structure or establishment being
advertised.
(c) Said ground sign shall not exceed a height of 10 feet, nor have a surface area greater
than 80 square feet in the CB or GB Districts or greater than 20 square feet in the NB District,
though the Zoning Board of Appeals may require a lesser height or size.
Staff Recommendation:
(Special Permit takes unanimous vote) Staff recommends approval based on
information submitted being compliant with the ordinance.
The Northampton Zoning Board of Appeals
Minutes of Meeting
Oct 8, 2009
City of Northampton Council Chambers, 220 Main St., Northampton, MA
Members Present: Time
Chair, David Bloomberg
Vice Chair, Malcolm B. “Barry” Smith Left 5:40
Sara Northrup
Bob Riddle, Assoc. Member
Elizabeth Silver, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
5:34 PM
David Bloomberg opened the Zoning Board of Appeals meeting and opened the
5:30 PM Public Hearing on a request by Callahan Sign Company for a special permit for larger
wall signs and larger wall signs than permitted by right for Wal-Mart at North King Street (Map
ID 18-13).
Dan Callahan, Callahan Sign Company, 117 Union Street, Pittsfield, MA, presented the
application.
Upon motion by Sarah Northrup and second by Barry Smith, the board voted unanimously to
close the public hearing.
Upon motion by Barry Smith and second by Sara Northrup, the board voted unanimously to
issue the requested special permit and it found that the requirements under the zoning have been
meet.
5:40 PM, after the Wal-Mart application and before the Housing Authority application, Barry
Smith left the meeting to avoid an appearance of conflict.
5:40 PM
David Bloomberg opened up the public hearing, which was carried over from
September 24, 2009 because of a lack of quorum that night, on a request by the Northampton
Housing Authority for a Comprehensive Permit to construct two lodging house buildings at 278
Burts Pit Road (Map ID 30D-16).
Sarah Northrup and David Bloomberg both disclosed that they have worked on past projects with
the two consultants (Berkshire Design and Dietz Architects), but nothing on this project or
anything that would create a conflict of interest.
David Bloomberg reviewed the requirements for a Comprehensive Permit (at least 25%
affordable housing). Jon Hite reported that the project will provide 100% affordable housing.
Chris Wall, landscape architect with Berkshire Design, Marc Sternick, architect with Dietz
Architects, and Jon Hite, Housing Authority Executive Director, presented the application, the
plans, and the requested waivers (lodging house or community care facility use, multiple primary
buildings, reduced side yard setback, number of parking spaces, parking within front yard
setback, and no traffic study or mitigation.)
Six of the neighbors and abutters came up to review the plans and asked the applicant’s questions
about details of the plans, and especially what trees would be lost and any mitigation from the
Hampshire County Corrections outdoor lights. None of the neighbors were suggesting any
additional evergreens along Burts Pit Road.
Brian Reynolds, 289 Burts Pit Road, an abutter to the project, expressed concern that he was not
notified of the project by the applicant until the legal notice of the public hearing. Mr. Reynolds
asked if there would be parking lot lighting (no, per the plans and consultant, except for the
building porch lights). Mr. Reynolds asked about staffing and type of client.
Cynthia Monahan, Burts Pit Road, concerns about the concept of isolating clients with
developmental disabilities from the community and whether this is the right location. The site
does not have sidewalks or ability to connect to the community.
Sarah Northrup wanted to understand the overall city intent of for the site based on zoning and
other actions. Wayne Feiden gave brief history of underlying zoning, the City’s Northampton
State Hospital comprehensive plan element, and the 1996 omnibus legislation for the reuse of the
Northampton State Hospital. Jonathan Hite spoke of the active plans for how Department of
Developmental Services will use the site and how it is clearly not “warehousing” of clients but
active engagement and connection to the community.
Dick Evans, 299 Burts Pit Road, an abutter to the project, added to Cynthia Monahan’s
comments and that the character of the area will already be changing with Kollmorgen,
especially with the lack of sidewalks. He also asked that the Zoning Board of Appeals continue
the public hearing to see if they can assess lighting opportunities and provide their
recommendations to the sheriff.
Cynthia Monahan asked that if the project is continued a representative of Department of
Development Services attend the next meeting to address her concerns about the appropriateness
of using this site for these clients. The applicant questioned whether deciding the
appropriateness of this site for these particular clients, as opposed to this type of housing, is an
appropriate decision for the Zoning Board.
7:00 PM
, the Zoning Board continued the public hearing and announced that they would reopen
the public hearing in five minutes to the second floor of City Hall.
7:10 PM,
the Zoning Board reopened the public hearing on the second floor of City Hall.
2
Andy Kuether, Burts Pit Road, said that the problem was not the power of the bulbs but the fact
that the bulbs are unshielded. Jonathan Hite reported that the Sheriff has agreed to review any
study and fully consider its recommendations.
The board, applicant, and abutters discussed possible conditions to mitigate impacts from the
project.
Upon motion by Bob Riddle and second by Sarah Northrup, the Zoning Board of Appeals voted
unanimously to close the public hearing.
Upon motion by Bob Riddle and second by Sarah Northrup, the Zoning Board of Appeals voted
unanimously to issue the requested MGL 40B Comprehensive Permit and grant the requested
waivers with the following conditions:
1.Prior to issuance of a building permit, the applicant shall provide a lighting consultant’s
report and recommendation on the most cost-effective method to redirect and shield the
jail’s lighting to preserve security protection while reducing impacts on the Burts Pit
Road properties, to provide a copy of said report to the City and the County Sheriff, and
to pay the costs of implementing those recommendations of the study that are approved
by the Sheriff and the Housing Authority.
2. The easterly water line connection by relocated so that it is a minimum of five feet west
of the existing 12-inch valve coupling.
3.The project shall include a 4” ductile iron water pipe (instead of the 3” cover water line
shown on the plans) from the main to at least four feet beyond the curb stop. (4” ductile
iron water pipe for the remainder of the entire service run is recommended but not
required.)
4.The contractor shall coordinate the water main tie-in with the Water Department so that
the existing ¾” service can be terminated at the corporation stop.
5.The branch separating the domestic water service from the fire protection service shall
occur inside the building upstream of the fire service backflow preventer.
6.A minimum of four additional evergreens (for a total of ten and up to a maximum of
twelve if that can be maintained while keeping the trees healthy) of the same height as the
other evergreens shown on the plans shall be added in the area of the proposed evergreen
plantings to increasing the tree density.
7.To the extent permitted by the Conservation Commission with a wetlands permit or
otherwise allowed by wetlands regulations and ordinances, the property owner shall
brush-hog the westerly field on the property as necessary to prevent trees with greater
than 1” diameter from growing up in the area.
8.There shall be no more than six parking spaces, with the two parking spaces closest to the
road being replaced with plantings and green pervious materials.
9.Prior to the issuance of a building permit, the applicant shall provide revised plans that, in
the opinion of the Office of Planning and Development, incorporate the above conditions
(in paper and TIF electronic form).
10.Prior to building permit a regulatory agreement in a form and content acceptable to
DHCD and the City of Northampton and signed by both parties and the property owner
shall be recorded in the chain of title in the Registry of Deeds.
3
11.The wire fence on the westerly boundary and continuing from the northwesterly corner of
the property 80 feet along the northerly boundary shall be maintained and replaced in
perpetuity by the Northampton Housing Authority as necessary and within the applicant’s
property.
12.There shall not be any lighting in the parking area.
Upon motion by Sarah Northrup and second by Bob Riddle, the Zoning Board of Appeals voted
unanimously to approve the minutes of September 10, 2009.
Upon motion by Sarah Northrup and second by Bob Riddle, the Zoning Board of Appeals voted
unanimously to adjourn the meeting at 7:50 PM.
4
The Northampton Zoning Board Administrator
Minutes of Meeting
October 8, 2009
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
Bob Riddle, Assoc. Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
4:00 P.M.
request by Jason Graver for a Finding to extend a pre-
Sara Northrup opened the
existing non-conforming side setback at 25 Edwards Sq. Northampton, Map Id 31B-83.
Jason Graver presented the application.
Jane Proca, 29 Edwards Square asked about the deck location but had no opposition to the
project.
Sara Northrup closed the hearing and issued the Finding.
4:15 Adjourned.
Zoning Board of Appeals
October 8, 2009
Minutes
Members present:
David Bloomberg, Chair
Sarah Northrup
Bob Riddle
Barry Smith
Staff present:
Wayne Feiden
At 5:34 PM David Bloomberg opened the Zoning Board of Appeals meeting and opened the
5:30 PM Public Hearing on a request by Callahan Sign Company for a special permit for
larger wall signs and larger wall signs than permitted by right for Wal-Mart at North King
Street (Map ID 18-13).
Dan Callahan, Callahan Sign Company, 117 Union Street, Pittsfield, MA, presented the
application.
Upon motion by Sarah Northrup and second by Barry Smith, the board voted unanimously to
close the public hearing.
Upon motion by Barry Smith and second by Sara Northrup, the board voted unanimously to
issue the requested special permit and it found that the requirements under the zoning have
been meet.
At 5:40 PM, after the Wal-Mart application and before the Housing Authority application,
Barry Smith left the meeting to avoid an appearance of conflict.
At 5:40 PM David Bloomberg opened up the public hearing, which was carried over from
September 24, 2009 because of a lack of quorum that night, on a request by the Northampton
Housing Authority for a Comprehensive Permit to construct two lodging house buildings at
278 Burts Pit Road (Map ID 30D-16).
Sarah Northrup and David Bloomberg both disclosed that they have worked on past projects
with the two consultants (Berkshire Design and Dietz Architects), but nothing on this project
or anything that would create a conflict of interest.
David Bloomberg reviewed the requirements for a Comprehensive Permit (at least 25%
affordable housing). Jon Hite reported that the project will provide 100% affordable
housing).
Chris Wall, landscape architect with Berkshire Design, Mark Sternick, architect with Dietz
Architects, and Jon Hite, Housing Authority Executive Director, presented the application,
the plans, and the requested waivers (lodging house or community care facility use, multiple
primary buildings, reduced side yard setback, number of parking spaces, parking within front
yard setback, and no traffic study or mitigation.)
Six of the neighbors and abutters came up to review the plans and asked the applicant’s
questions about details of the plans, and especially what trees would be lost and any
mitigation from the Hampshire County Corrections outdoor lights. None of the neighbors
were suggesting any additional evergreens along Burts Pit Road. The applicant suggested
that the total buffer
Brian Reynolds, 289 Burts Pit Road, an abutter to the project, expressed concern that he was
not notified of the project by the applicant until the legal notice of the public hearing. Mr.
Reynolds asked if there would be parking lot lighting (no, per the plans and consultant,
except for the building porch lights). Mr. Reynolds asked about staffing and type of client.
Cynthia Monahan, Burts Pit Road, concerns about the concept of isolating clients with
developmental disabilities from the community and whether this is the right location. The
site does not have sidewalks or ability to connect to the community.
Sarah Northrup wanted to understand the overall city intent of for the site based on zoning
and other actions. Wayne Feiden gave brief history of underlying zoning, the City’s
Northampton State Hospital comprehensive plan element, and the 1996 omnibus legislation
for the reuse of the Northampton State Hospital. Jonathan Hite spoke of the active plans for
how Department of Developmental Services will use the site and how it is clearly not
“warehousing” of clients but active engagement and connection to the community.
Dick Evans, 299 Burts Pit Road, an abutter to the project, added to Cynthia Monahan’s
comments and that the character of the area will already be changing with Kollmorgen,
especially with the lack of sidewalks. He also asked that the Zoning Board of Appeals
continue the public hearing to see if they can assess lighting opportunities and provide their
recommendations to the sheriff.
Cynthia Monahan asked that if the project is continued a representative of Department of
Development Services attend the next meeting to address her concerns about the
appropriateness of using this site for these clients. The applicant questioned whether
deciding the appropriateness of this site for these particular clients, as opposed to this type of
housing, is an appropriate decision for the Zoning Board.
At 7:00 PM, the Zoning Board continued the public hearing and announced that they would
reopen the public hearing in five minutes to the second floor of City Hall.
At 7:10 PM, the Zoning Board reopened the public hearing on the second floor of City Hall.
Andy Kuether, Burts Pit Road, said that the problem was not the power of the bulbs but the
fact that the bulbs are unshielded. Jonathan Hite reported that the Sheriff has agreed to
review any study and fully consider its recommendations.
The board, applicant, and abutters discussed possible conditions to mitigate impacts from the
project.
Upon motion by Bob Riddle and second by Sarah Northrup, the Zoning Board of Appeals
voted unanimously to close the public hearing.
Upon motion by Bob Riddle and second by Sarah Northrup, the Zoning Board of Appeals
voted unanimously to issue the requested MGL 40B Comprehensive Permit and grant the
requested waivers with the following conditions:
1.Prior to issuance of a building permit, the applicant shall provide a lighting consultant’s
report and recommendation on the most cost-effective method to redirect and shield the
jail’s lighting to preserve security protection while reducing impacts on the Burts Pit
Road properties, to provide a copy of said report to the City and the County Sheriff, and
to pay the costs of implementing those recommendations of the study that are approved
by the Sheriff and the Housing Authority.
2. The easterly water line connection by relocated so that it is a minimum of five feet west
of the existing 12-inch valve coupling.
3.The project shall include a 4” ductile iron water pipe (instead of the 3” cover water line
shown on the plans) from the main to at least four feet beyond the curb stop. (4” ductile
iron water pipe for the remainder of the entire service run is recommended but not
required.)
4.The contractor shall coordinate the water main tie-in with the Water Department so that
the existing ¾” service can be terminated at the corporation stop.
5.The branch separating the domestic water service from the fire protection service shall
occur inside the building upstream of the fire service backflow preventer.
6.A minimum of four additional evergreens (for a total of ten and up to a maximum of
twelve if that can be maintained while keeping the trees healthy) of the same height as the
other evergreens shown on the plans shall be added in the area of the proposed evergreen
plantings to increasing the tree density.
7.To the extent permitted by the Conservation Commission with a wetlands permit or
otherwise allowed by wetlands regulations and ordinances, the property owner shall
brush-hog the westerly field on the property as necessary to prevent trees with greater
than 1” diameter from growing up in the area.
8.There shall be no more than six parking spaces, with the two parking spaces closest to the
road being replaced with plantings and green pervious materials.
9.Prior to the issuance of a building permit, the applicant shall provide revised plans that, in
the opinion of the Office of Planning and Development, incorporate the above conditions
(in paper and TIF electronic form).
10.Prior to building permit a regulatory agreement in a form and content acceptable to
DHCD and the City of Northampton and signed by both parties and the property owner
shall be recorded in the chain of title in the Registry of Deeds.
11.The wire fence on the westerly boundary and continuing from the northwesterly corner of
the property 80 feet along the northerly boundary shall be maintained and replaced in
perpetuity by the Northampton Housing Authority as necessary and within the applicant’s
property.
12.There shall not be any lighting in the parking area.
Upon motion by Sarah Northrup and second by Bob Riddle, the Zoning Board of Appeals
voted unanimously to approve the minutes of September 10, 2009.
Upon motion by Sarah Northrup and second by Bob Riddle, the Zoning Board of Appeals
voted unanimously to adjourn the meeting at 7:50 PM.
SR
TAFF EPORT
Administrator Meeting- Elizabeth Silver
TO: Zoning Board of Appeals -
FROM: Carolyn Misch
APPROVED: Wayne Feiden
RE: Nov 12 Public Hearing
DATE: Nov 3, 2009
1.Finding Add Egress to non-conforming side setback
Project Address: 37 Monroe St
Zoning URB (urban res B)
Adjacent Uses: Residential
The applicant The applicant requests a small egress landing and stair on the side lot not to extend closer
than the existing projection into the setback. The rear of the house has a 1’.1” setback. The required is
15’. The new stairs would be 2’ from the side lot line.
Finding Criteria
change, expansion or alteration to a preexisting nonconformity will not be substantially more
detrimental to the neighborhood than the existing nonconforming nature of the structure, lot and or
use.”
Staff Recommendation
. Staff has no concerns therefore if the Administrator finds no issues during
hearing, issue Finding as presented.
2.Finding Reconstruct multi-family
Project Address: Bridge Rd
Zoning URB (urban res B)
Adjacent Uses: Residential
This request is to rebuilt the multi-family building at Meadowbrook that burned earlier this year. The
structure will be in the same footprint.
The reconstruction of multi-family structures that are only partially destroyed (up to 50%) by fire is allowed
by right. However, given that this building was a total loss, a Finding is required.
Staff Recommendation:
Staff recommends approval of request.
3.Finding Front Porch Addition
Project Address: 3 Montview
Zoning URC (urban res C)
Adjacent Uses: Residential
The applicant has a non-conforming front and side setback and seeks to rebuild and enclose the front
porch, maintaining the same non-conforming distance. The front setback required is 20’ and the side is
15’.
Staff Recommendation:
Staff recommends approval of request.
The Northampton Zoning Board Administrator
Minutes of Meeting
Nov 12, 2009
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
Bob Riddle, Assoc. Member
Elizabeth Silver, Associate Member
Staff:
Senior Planner, Carolyn Misch
Planning Director, Wayne Feiden
4:00 P.M.
request by Wright Builders, Inc. for a Finding to add a side
Elizabeth Silver opened the
egress at 37 Munroe St, Northampton Map Id 38B-111.
Jonathan Wright presented the application and indicated that the exterior landing was to be
uncovered decking that would allow rain water to drop through. He described existing drainage
and plans to redirect roof runoff away from the side lot line.
Wright described swale proposed in the front to allow on-site absorption.
Laura Radwell, 40 Munroe, asked about the depth of the swale.
Wright described and confirmed that the door and stair were for emergency egress only.
Jack Fitzgibbon, attorney representing abutter Elaine Reall of 12 East Street, raised a concern
about additional runoff directed to the abutting parcel and concern about privacy.
Fitzgibbon argued that section 350-6.8 applied to this case and not 9.3.
Elaine Reall reiterated concern about privacy and damage from existing drainage patterns on her
structures.
Elizabeth Silver moved to approve the finding based on proposal to address historic drainage
problems and finding that the new emergency egress was no more detrimental than the previous
non-conforming projection into the side yard setback.
4:40 P.M
. Elizabeth Silver opened the request by POAH, Inc./Meadowbrook Apartments, for
Finding to rebuild a multifamily structure destroyed by fire at 491 Bridge Rd, Florence, Map Id
17D-12.
No applicant was present so staff provided overview of project.
Philip Brockelsby, 503 Bridge Rd stated concern about light spillover.
Elizabeth Silver discussed options for condition of the permit to comply with lighting standards.
Elizabeth Silver granted the finding for the reconstruction of the Meadowbrook building with a
condition about lighting.
4:47 P.M.
Elizabeth Silver opened the request by Hobie Iselin/Construct for a Finding to
expand and enclose a front porch at Montview Ave.
Iselin presented the application.
There was no public present.
Elizabeth Silver granted the finding based on the application presented.
Adjourned 4:50
2