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2010 ZBA minutes NORTHAMPTON PUBLIC MEETING/ Legal Ad /Agenda FOR Thursday January 14, 2010 CONSERVATION COMMISSION in the Hearing Room 18, City Hall 210 Main Street, Northampton, MA for a public hearing: 5:00 PM Coca Cola North America for a Notice of Intent for buffer zone work for site work at 45 Industrial Dr., Map ID 25A-185. THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA: 5:30 P.M. Guy Pettit for a finding to expand commercial use at 45-47 Maple St, Florence, Map Id 23A-56. PLANNING BOARD in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA for public hearings: 7:00 P.M. Continuations: John Averill at 118 Nonotuck St for site plan to add a second curb cut to a lot. Oxbow/Northampton Soccer Club Island Road NOTE: Theapplicant has requested a withdrawal (without prejudice) 7:30 P.M. Coca Cola North America for Site Plan Approval for a 13,000 +- sf expansion and special permit amendment for reduction in parking at 45 Industrial Dr., Map ID 25A-185. OTHER BUSINESS: Minutes- 12-10 Request for covenant release- Oaks See also www.northamptonma.gov (“Calendar”) for continuations Publish: Dec 31 , 2009 and Jan 7, 2010 1/8/2010 NORTHAMPTON PUBLIC MEETING Agenda FOR Thursday February 11, 2010 THE ZONING BOARD OF APPEALS will hold a continuation of a public hearing in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA: 5:30 P.M. Guy Pettit for a finding to expand commercial use at 45-47 Maple St, Florence, Map Id 23A-56. PLANNING BOARD in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA for general discussion: 7:00 PM Further discussion on site plan and special permit changes. 2/5/2010 The Northampton Zoning Board of Appeals Minutes of Meeting Feb 11, 2010 City of Northampton City 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, Associate Member Staff:  Senior Planner, Carolyn Misch Planning Director, Wayne Feiden 5:30 P.M. the continuation from Jan 14 of the hearing on the Finding at 45-47 David Bloomberg opened Maple St, Florence, Map Id 23A-56. Barry Smith noted that the burden was on the proponent to show that there had been continuous business use. Alan Seewald, representing the applicant introduced himself. Joe Wilhelm, representing the Ray Rice, current owner noted that his client had built the store and distributed copies of telephone book ads for the business as well as a Verizon bill and noted there was no intention to abandon the use. He distributed an affidavit from the Rice Brothers to that effect and receipts from ebay noting sales. He responded to the request for production of tax records by stating that his clients did not pay sales and business tax and therefore had no such records of business. He further confirmed that the Assessors assessed it as a business. David Bloomberg and Barry Smith asked the hours of operation Wilhelm stated 9-5 daily. He noted that no new inventory had been purchased since 2006 and there were no tax records as a business. Robert Ross, Florence resident gave personal knowledge of the business. Gary Lamont, of Easthampton and friend showed a picture of the interior of the store. Fran Purcell, stated that he started the Hobby Shop in 1960 and it was open from 9-9 until 1976. He noted that he had racetrack clubs there. Steve Snow, real estate broker, asked what effect the determination of the Building Commissioner was based on his site inspection. Bob Riddle noted that the question was whether there had been continuous use in the last two years. There is no question that in 1976 there was a business function. David Bloomberg summarized issues from the minutes. Alan Seewald suggested that the use may have diminished but it was not ceased. Loretta Gougeon, West Center St, stated that as much as five years ago the property appeared to be abandoned. The neighbors asked for assistance from the Building Department in this regard, Paul Jacobs, 3 W. Ctr Street stated that he has not seen any activity at the site for the three months that he has been a tenant on the property. Board discussed issue of documentation and whether they represented business activity. They acknowledged that the ebay receipts were sent to an out of town address with no relation to this property. 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 discussed denial of the Finding based on lack of information that there exists a legally preexisting non-conforming use that had not been abandoned. The phone records do not constitute a business. Based on information it looked as though storage was the main function and without tax records for a business and no inventory purchases since 2004 the business function could not be substantiated. The Board voted 2-1 to deny the Finding (Barry Smith and Bob Riddle voted for the motion, David Bloomberg voted against the motion). NORTHAMPTON PUBLIC MEETING/ Legal Ad /Agenda FOR Thursday March 11, 2010 CONSERVATION COMMISSION in the Hearing Room 18, City Hall 210 Main Street, Northampton, MA for a public meeting: 5:00 PM Samuel Crescione/Clear Falls, request for extension of an Order of Conditions at 48 Drury Lane, Map ID 48-8. THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA: 5:30 P.M. Northampton Area Pediatrics for a Finding to expand medical use at 193 Locust St, Florence, Map Id 23B-11. PLANNING BOARD in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA for general discussion: 7:00 PM Discussion and recommendation on ordinance amendment to eliminate fee for citizen-initiated zoning ordinance amendments. Further discussion on site plan and special permit changes/zoning ordinance format. Minutes 2-11, 2-25 Other See also www.northamptonma.gov (“Calendar”) for continuations Publish: Feb 25 and March 4, 2010 Account# 71350 3/4/2010 The Northampton Zoning Board of Appeals Minutes of Meeting March 11, 2010 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 5:30 P.M. David Bloomberg opened the hearing on the request for a FINDING by Northampton Area Pediatrics at 23B-11/193 Locust Street. Mark Gelotte, architect for the applicant presented the application for the 45 square foot addition to the medical building. 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 approve the request for the Finding. The Board voted unanimously to adjourn at 5:40. NORTHAMPTON PUBLIC MEETING/ Legal Ad /Agenda FOR Thursday March 25, 2010 THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA: 5:30 P.M. Gleason’s Landscaping for a Finding to expand a pre-existing non-conforming business use at 383 Westhampton Rd, Florence, Map Id 36-74. 5:45 P.M. David Teece for an Amendment of an Appeal Decision at 52 Maple St, Florence, Map ID 23A-40. PLANNING BOARD AND CITY COUNCIL ORDINANCE COMMITTEE in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA for public hearing: 7:00 PM Proposed Zoning Ordinance amendment to prohibit landfills in Water Supply Protection Districts PLANNING BOARD in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA for public hearings: 8:15 PM City of Northampton Office of Planning and Development for special permit for reduction of lot size for 209 Spring St, Florence (Bean Parcel), Map Id 16c-25. 8:45 PM Michael Pietras for a Special Permit for dimensional averaging to create a single family house lot at 117 Straw Ave, Florence, Map Id 17D-19. Committee Assignments See also www.northamptonma.gov (“Calendar”) for continuations Publish: Mar 11 and March 18, 2010 3/17/2010 SR TAFF EPORT REGULAR MTG TO: Zoning Board of Appeals - FROM: Carolyn Misch APPROVED: Wayne Feiden RE: Mar 25 Public Hearing DATE: March 18, 2010 1.Commercial Finding Expansion Project Address: 383 Westhampton Rd Zoning SR Adjacent Uses: Residential The applicant seeks to allow a second landscape company to use the existing garage at the location for storage of equipment. This site originally was the “Sticks and Stones” landscape business that was operated by the Wzoreks, who also lived in the house on the premises. The Wzorek’s sold the house to a new owner, but continue to use 2 bays of the garage for their business. The new property owner would like to occupy the remaining bays with a separate landscape contractor. Issues: It is not clear what the pre-existing non-conforming status of the previous use was. Either is was a pre- existing non-conforming home occupation (because it never received a special permit since it pre-dated zoning) or it was a pre-existing non-conforming mixed commercial/residential use. Thus it is not clear what legal ramification there is from selling the house separately from the business. Because of the separation resulting from the sale, there are currently two users on site instead of 1 with a home-based business. Adding a second business for storage, but potentially actual operations, would lead to the question about expansions and whether expansion of a non-conforming business could be allowed. The Building Commissioner did not weigh in on the legality of the separation of the residential component from the business nor whether this would be considered a pre-existing non-conforming home occupation or mixed residential/commercial. If the Board feels that it is appropriate to look at this as a Finding of a pre-existing commercial use in that it is an expansion of function (not physical space) because it would contain two different operators versus 1 operator, the Board should evaluate some mechanism to cap the intensity of use. This could include restricted hours, number of clients, number of employees allowed to come to the site, storage of materials vs. vehicles etc. Department of Public Works had no comments. Questions for the Applicant to answer for Board’s consideration: What is the nature of operations conducted by Sticks & Stones? Is there material storage for this operation? Is there delivery to the site of materials for storage? 1 2 What are the hours of operation? How many commercial vehicles on site? Are they stored out of view? Employees on site- How many? What operations are proposed for the new user? Is it vehicle storage only? How many employees? Will employees come to the site? Will clients come to the site? Hours of operation? Staff Recommendation: If the Board finds it appropriate to evaluate the expansion of the business use based upon the proposed use and its overall intensity compared with the previous extent of operations, then determine if a second business will be substantially more detrimental than the previous function at the site or not. Apply conditions of operations, employees, vehicle storage as necessary depending upon information from the hearing. 2.Appeal Amendment Enforcement Order/Court Decision Project Address: 52 Maple St Zoning GB Adjacent Uses: Residential/Commercial This application is an attempt to address once and for all time what should be planted to create a dense screen that is required in section 6.5: Screening and buffers shall be required on any lot in any industrial or business district and for any industrial or business use where it adjoins a lot in a residential district and shall be required on any lot in a planned business park where it adjoins land not in the planned business park, including collector streets which exist when a business park is proposed, and on any nonresidential lot in a planned business park district where it adjoins a residential lot as follows: (1) This strip shall be at least 30 feet in width (100 feet in width in a planned business park). It shall contain a screen of plantings of vertical habit in the center of the strip not less than three feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs shall be planted not more than five feet on center, and individual trees thereafter shall be maintained by the owner or occupants so as to maintain a dense screen year round. At least 50% of the plantings shall be evenly spaced. Whenever possible, existing trees and ground cover should be preserved in this strip, reducing the need to plant additional trees. Trees may not be cut down in this strip without site plan approval. (See § 350-11.) Please see the application for the synopsis of the history of this site. There were two slightly different decisions issued regarding the planting to be installed. One decision came from the Planning Board and one from the Zoning Board of Appeals. This request is to merge these two decisions and the court’s decision that the 6.5 section in zoning is a valid. The applicant would also like confirmation that the trees that were planted 5-6 years ago should remain (as they have grown) and not be ripped out to comply with the original decision. Staff Recommendation: If the Board feels that the proposal meets the criteria above, approve amendment. Otherwise recommend changes that could meet the criteria. The Northampton Zoning Board of Appeals Minutes of Meeting March 25, 2010 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 5:30 P.M. leason’s Landscaping for a Finding to expand David Bloomberg opened the hearing for G a pre-existing non-conforming business use at 383 Westhampton Rd, Florence, Map Id 36-74. Jacob Schrader presented the request for Gleason’s to take over 2 of the 5 bays. David Bloomberg asked about previous business operations at the site. The applicant stated that concrete mixing and landscaping was run there, but the concrete mixing is no longer being conducted and that it was mostly a stone operation. Barry Smith asked whether a condition for hours of operation would be acceptable by the applicant based on the applicant’s stated hours. 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 approve the Finding with the conditions that hours of operation not exceed those described in the application. (2 garage bays for storage ). Upon motion by Elizabeth Silver and second by Barry Smith, the Board voted unanimously to approve the minutes of 3-11. 5:45 P.M. David Bloomberg opened the hearing on the request by David Teece for an Amendment of an Appeal Decision at 52 Maple St, Florence, Map ID 23A-40. Ed Etheredge represented the applicant gave brief overview of project. David Bloomberg asked for clarification of the request and whether the applicant meant that what has grown now is bigger than the Zoning Board of Appeals order from 6 years ago. Etheredge stated that it doesn’t make sense to remove trees but the applicant would be happy to plant more. The Board discussed clarification of issues to this request and the ordinance requirements. There was a question about the difference between original order and existing request. David Bloomberg asked how tall trees would get. Michael Pill spoke for the neighbors and presented the plan for proposed planting given in the original order as compared to the existing conditions at question. Board discussed whether chapter 350- 6.5 is satisfied. Loretta Gougeon of West Center Street stated that there is not a dense year round buffer with the existing conditions. Board asked whether there had been discussion between the applicant and neighbors about what would meet the needs. Both sides agreed to mediation. Fred Wellman, 9 W Center Street stated that trees are not all healthy and argued that the original order should stand. Upon motion by Barry Smith and second by Elizabeth Silver, the Board voted unanimously to continue to 4-8-10 at 5:30 PM. 6:40 Adjourn. 2 NORTHAMPTON PUBLIC MEETING/ Legal Ad /Agenda FOR Thursday April 8, 2010 THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, Puchalski Municipal Building, 212 Main Street, Northampton, MA: 5:30 P.M. CONTINUATION of a request by David Teece for an Amendment of an Appeal Decision at 52 Maple St, Florence, Map ID 23A-40. Note: Applicant will be requesting continuation (without opening) to April 22. PLANNING BOARD MEETS in Room 10 City Hall, 210 Main Street, Northampton, MA 7:00 PM Committee Assignments Implementation of Sustainable Northampton/Update from ZRC Site Plan language Minutes 3-25 See also www.northamptonma.gov (“Calendar”) for continuations 4/2/2010 The Northampton Zoning Board of Appeals Minutes of Meeting April 8, 2010 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 5:30 P.M. ened the continuation of the hearing on the request by David Bloomberg opened the op David Teece for an Amendment of an Appeal Decision at 52 Maple St, Florence, Map ID 23A- 40. David Bloomberg stated the request for continuation. Upon motion by Elizabeth Silver and second by David Bloomberg, the Board voted unanimously to continue the hearing to April 22 at 5:30 in the Council Chambers 5:32 Adjourn. Northampton Public Meeting/Legal Ad/Agenda For Thursday April 22, 2010 THE ZONING BOARD OF APPEALS ZONING ADMINISTRATOR will hold a public hearing in Room 18, City Hall, 210 Main Street, Northampton on: 4:00 P.M. Wright Builders for a Finding to expand a pre-existing non-conforming front setback at 5 Verona St., Florence, Map ID 17D-16. 4:10 P.M. Leslie Giordano for a Finding to expand a pre-existing non-conforming side yard setback at 12 West Center St., Florence, Map ID 23A-53. THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, 210 Main Street, Northampton on: 5:30 P.M. Continuation on the appeal amendment for 52 Maple St, Florence APPLICANT HAS ASKED FOR A CONTINUANCE TO MAY13 THE PLANNING BOARD will hold a public hearing in City Council Chambers, 212 Main Street, Northampton on: 7:00 P.M . 30-32 Walnut Street LLC for a special permit for dimensional averaging at 30-32 Walnut St., Northampton, Map ID 25C-216 & 217. Other: Adoption of Amended rules of procedure Site Plan Changes Publish: April 8 and April 15th Bill to: Office of Planning & Development Account #: 71350 See Also: www.northamptonma.gov (“Calendar”) for continuations The Northampton Zoning Board Administrator Minutes of Meeting April 22, 2010 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 for a Finding to expand a pre- Barry Smith opened the existing non-conforming front setback at 5 Verona St., Florence, Map ID 17D-16. Laura Frogameni, introduced herself as the owner of the property. Jonathan Wright, representing the owner described the nature of the project to demolish the carport to rebuild a garage and closing the curb cut to meet the 15’ standards. There was no public comment. Barry Smith closed the hearing and issued the Finding based on the fact that the project would be an improvement to the existing conditions. 4:10 P.M. Barry Smith opened the hearing on Leslie Giordano for a Finding to expand a pre- existing non-conforming side yard setback at 12 West Center St., Florence, Map ID 23A-53. David Giordano, owner described the request to build a second floor over the existing first floor footprint. Cathy Robinson, 38 Maple St spoke in favor of the project. Fred Wellman, 9 West Center St spoke in favor of the project. Mark Peterson, 38 Maple Street spoke in favor of the project. Jeannie Schubmehl/Michael Hooker, 18 West Center Street spoke against the project indicating that the amount of light that would block their house would reduce property values. Barry Smith noted that the project would be by-right if it were at least 10’ from the side lot line and this would be a 3.5’ difference. Barry Smith suggested a continuation for both parties to review a light analysis and appraisal on impact of addition to property values. Barry Smith moved to continue the hearing to June 10 at 4:00 PM in the Hearing Room. 2 The Northampton Zoning Board of Appeals Minutes of Meeting April 22, 2010 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 5:30 P.M. ened the continuation of the hearing on the request by David Bloomberg opened the op David Teece for an Amendment of an Appeal Decision at 52 Maple St, Florence, Map ID 23A- 40. Upon motion by Elizabeth Silver and second by David Bloomberg, the Board voted unanimously to continue the hearing to May 13 at 5:30 in the Council Chambers 5:32 Upon motion by Elizabeth Silver and second by David Bloomberg, the Board voted unanimously to adjourn. Northampton Public Meeting/Legal Ad/Agenda For Thursday May 13, 2010 THE CONSERVATION COMMISSION will hold a public hearing in the Hearing Room 18, City Hall 210 Main Street, Northampton: 5:00 PM Elaine Yeskie, Request for Determination of Applicability to determine whether reconstruction of a house in the floodplain is subject to the Wetlands Protection Act and/or Northampton Wetlands Ordinance. 17 Fair Street, Map ID 25c-256 5:30 PM Richard Jaescke, Request for Determination of Applicability to determine whether the boundaries of resource areas depicted on the plan are accurately delineated and whether a garage addition is subject to the Wetlands Protection Act and/or the Northampton Wetlands Ordinance. 774 Bridge Road, Map ID 18c-36, 18c-176 6:30 PM Smith College for Notice of Intent for synthetic turf athletic field, and site improvements in riverfront. College Lane Map ID 31C-15, DEP File 246-639. THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, 210 Main Street, Northampton on: 5:30 P.M. Agnoli Sign Company to erect a new ground sign at Easthampton Savings Bank, 21 Locust St, Map ID24A-221. 5:30 P.M. Continuation on the appeal amendment for 52 Maple St, Florence THE PLANNING BOARD will hold a public hearing in City Council Chambers, 212 Main Street, Northampton on: 7:00 P.M . Northampton Office of Planning and Development for a Special Permit to create a 2-lot open space cluster at Spring St. Florence, Map ID 16C-25. 7:20 P.M. Trustees of Smith College for Site Plan Approval to install outdoor field lights at the Smith Athletic Fields West St, Northampton, Map ID 31C-15. 8:00 P.M. Peter LaPointe/Colvest for Site Plan Amendment at 327 King St, Northampton Map ID 24B-38. Other: Adoption of Amended rules of procedure Special Permit/Site Plan Approval criteria Publish: April 29 and May 6, 2010 SR TAFF EPORT TO: Zoning Board of Appeals FROM: Carolyn Misch APPROVED: Wayne Feiden RE: May 13, 2010 Public Hearing DATE: May 7, 2010 5:30 Appeal Amendment CONTINUED FROM 3-25/4-8/4-22 Enforcement Order/Court Decision Project Address: 52 Maple St Zoning GB Adjacent Uses: Residential/Commercial The applicant and neighborhood have not reached agreement. Staff does not believe that the amount of growth of the trees amount to a screen and the slow growth of the type of trees will not result in a screen for several years to come. These trees, however, should not be removed but enhanced with additional trees to create a layered effect. Staff Recommends the following: The decision should be amended as follows to replace the original planting order in its entirety: 1.Beginning 10’ west of the 3” Maple labeled at the corner of Sicard/Tuner/Seawink parcel and 5’ north of this southern property boundary, Arborvitae measuring 6’ tall shall be planted on average of 10’ on center to the rear property boundary for a total of 12 new 6’ high arborvitae. 2.Beginning at the southwest corner of the property and running north, 6’ high Arborvitae shall be planted on average of 10’ on center for a total of 8 planted 5’ east of this property boundary. 3.All existing trees shall remain except for 2”-3” caliper Hawthorns shown on the plans that would be in the vicinity of the new planting. 4.All planting shall be completed prior to issuance of building permits on the property or June 15. 5.Trees shall be maintained in perpetuity or until such time as the zoning changes or new permits/amendments by the Zoning Board of Appeals or Planning Board. 5:30 Special Permit Replacement ground sign Project Address: 21 Locust St Zoning NB Adjacent Uses: Residential/Commercial 1 2 Easthampton Savings Bank is looking to replace the existing sign on the same pole. Though it will clean up the sign, the height will remain the same, which exceeds the 10’ specified in the ordinance. The Board does have the jurisdiction to approve a taller sign in conformance with standards in 7.2M Both sections below apply in this case. M. 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. 7.4d-3 reads: (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 § 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 that 20 square feet in the NB District, though the Zoning Board of Appeals may require a lesser height or size. Staff Recommendation: If the Board feels that criteria in both sections are met, issue the special permit for the new ground sign and taller than allowed. The Northampton Zoning Board of Appeals Minutes of Meeting May 13, 2010 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, Associate Member Staff:  Senior Planner, Carolyn Misch Planning Director, Wayne Feiden 5:30 P.M. . David Bloomberg the request by Agnoli Sign Company to erect a new ground sign at Easthampton Savings Bank, 21 Locust St, Map ID24A-221. Peter Serri, Agnoli Signs, described the project. There was no public comment. Board discussed qualifying aspects of application. 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 approve the special permit. 5:40 PM David Bloomberg opened the continuation of the hearing for David Teece at 52 Maple Street. Ed Etheredge, representing the applicant indicated that there was no settlement of the issues with the abutters. Michael Pill, representing the abutters stated that a landscaper had been hired and proposed a plan for planting. He was available for comment. Etheredge distributed the proposed plan and stated that there was not agreement between the applicant and the abutters on the plan. Elizabeth Silver asked what distance the trees were spaced on the premises. Mr. Longtin, Landscaper described that it was difficult to tell. Board asked whether more time was necessary to come to an agreement about planting. Both parties assented. Upon motion by Barry Smith and second by Elizabeth Silver, the Board voted unanimously to continue the hearing until May 27 at 5:30 PM. Upon motion by Barry Smith and second by Elizabeth Silver, the Board voted unanimously to approve the minutes of 3/25, 4/8 and 4/22. Board discussed summer schedule. 5:55 adjourned. Northampton Public Meeting/Legal Ad/Agenda For Thursday May 27, 2010 THE ZONING BOARD OF APPEALS ZONING ADMINISTRATOR will hold a public hearing in Hearing Room 18, 210 Main Street, Northampton: 4:00 P.M. Stephen Ross for a Finding to change a preexisting non-conforming structure (side and rear setback) at 134 State St, Northampton Map Id 31B-130. THE CONSERVATION COMMISSION will hold a public hearing in the Hearing Room 18, City Hall 210 Main Street, Northampton: 5:30 PM City of Northampton, Request for Determination of Applicability to determine whether invasive species removal is subject to the Wetlands Protection Act and/or Northampton Wetlands Ordinance. North Farms Road, Map ID 07-35 THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, 220 Main Street, Northampton on: 5:30 P.M. Continuation of a request by Seawink for amendment of an appeal. 5:30 P.M. Peter LaPointe/Colvest for a change to a pre-existing non conforming structure(location/height) at 327 King St, Northampton Map ID 24B-38. Other: Summer Mtg Schedule THE PLANNING BOARD will meet in Council Chambers, 220 Main Street, Northampton: Adoption of Amended rules of procedure Special Permit/Site Plan Approval criteria Summer Meeting Schedule Publish: May 13 and May 20, 2010 Bill to: Office of Planning & Development Account #: 71350 See Also: www.northamptonma.gov (“Calendar”) for continuations The Northampton Zoning Board of Appeals Zoning Administrator Minutes of Meeting May 27, 2010 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. Bob Riddle opened the hearing on the request by Stephen Ross for a Finding to change a preexisting non-conforming structure (side and rear setback) at 134 State St, Northampton Map Id 31B-130. The applicant, representing the homeowner presented the plans. Suzanne Smith, owner explained the existing conditions. Janice Mouton, abutter raised concerns about expansion of the roof line onto her property. Ross stated that the roof line was designed to overhang on applicant’s property only. Moulton asked that gutters be installed on the addition to address current runoff problems. Sandra Peterson, abutter, asked about plans to cut trees. Ross indicated that there no cutting would be necessary. Bob Riddle closed the hearing and issued the Finding with the condition that the roof line not extend beyond the 1’4” shown on plans and that gutters be installed to drain water on site. 4:20 Adjourn The Northampton Zoning Board of Appeals Minutes of Meeting May 27, 2010 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, Associate Member Staff:  Senior Planner, Carolyn Misch Planning Director, Wayne Feiden 5:30 P.M. Elizabeth Silver opened the continuation of the hearing for David Teece at 52 Maple Street. Staff confirmed request by parties for an additional continuation to finalize landscaping plans. Upon motion by Bob Riddle and second by Elizabeth Silver, the Board voted unanimously to continue the hearing to June 10 at 5:30 PM. 5:45 P.M. . Elizabeth Silver opened the request by Peter LaPointe/Colvest for a change to a pre- existing non conforming structure(location/height) at 327 King St, Northampton Map ID 24B- 38. Board discussed with applicant interest in hearing the application or waiting for a full Board on the June 10 agenda. Applicant requested a continuation without discussion to June 10. Upon motion by Elizabeth Silver and second by Bob Riddle, the Board voted unanimously to continue the hearing to June 10 at 5:30 PM. The Northampton Zoning Board of Appeals Minutes of Meeting June 10, 2010 City of Northampton City 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, Associate Member Staff:  Senior Planner, Carolyn Misch Planning Director, Wayne Feiden 5:30 P.M. the continuation of the hearing on the request by David Teece for an David Bloomberg opened Amendment of an Appeal Decision at 52 Maple St, Florence, Map ID 23A-40. Upon motion by Elizabeth Silver and second by Sara Northrup, the Board voted unanimously to continue the hearing to June 24 at 5:30 in the Council Chambers. 5:32 David Bloomberg opened the continuation of the hearing not previously discussed on the P.M. request for a Finding from Colvest at 327 King Street. Mark Tanner, representing Colvest, introduced the team. He stated request as presented in the application to only review the principal structure on the site relative to pre-existing status. Peter LaPointe, Project Manager at Colvest, reviewed the structural and non-structural changes proposed to the exterior of the building. 1. Removal of the glass addition attached to the front to allow a continuous sidewalk along the front of the building under the canopy. 2. Masonry structure to steel bearing structural changes. 3. Cinderblock face to brick veneer with the sides to remain cinderblock. 4. Other mechanical upgrades to the HVAC system. Mark Tanner described the site plan application process followed for signal. Elizabeth Silver asked about information relating to establishing the non-conforming status of the site. David Bloomberg asked the applicant to clarify if their position for grandfathering based on information regarding continuous marketing. Tanner stated that from personal knowledge the property has been marketed for at least 10 years. David Bloomberg asked for public comment. There was none. Board discussed further the relevance of making their own determination about non-conforming status. David Bloomberg stated that he was satisfied that sufficient information had been submitted and evaluated to qualify for non-conforming status both to the building department and independent personal knowledge of the applicant’s representative. Elizabeth Silver stated that she would accept the representation of Tanner. Mitch Bilotin, commercial realtor, 347 Audubon Rd, offered to speak. He described his work on marketing the property over the last several years. He spoke in favor of the application. Staff described proposed conditions. Tanner argued against the need for the condition. The applicant stated that he was not asking for review of the use and approval would not constitute any changes to the use or the site. Board discussed phasing of approval to clarify without imposition of staff recommended condition. The approval would specify allowance for the 3 items identified in the application but not use of the site. Board discussed the merits of the Finding. David Bloomberg reiterated information presented relative to marketing strategies over the years. Elizabeth Silver acknowledged status but stated that she would not yet assent to the theory that the Zoning Board of Appeals didn’t have the jurisdiction to hear the merits of the non-conforming status. Further case law review/research would be necessary to understand Zoning Board of Appeals’ authority. Gene Tacy, North Maple St, stated interest in seeing property redeveloped. Upon motion by Bob Riddle and second by Elizabeth Silver, the Board voted unanimously to close the hearing. Upon motion by Elizabeth Silver and second by Bob Riddle, the Board voted unanimously to approve the Finding for changes to the building(including mechanical upgrades), which do not include the site noting that other changes could require other permits, or Zoning Board of Appeals Findings, as specified in the zoning ordinance. 6:30 Adjourn SR TAFF EPORT Administrator Mtg—Barry Smith TO: Zoning Board of Appeals - FROM: Carolyn Misch APPROVED: Wayne Feiden RE: June 10 Public Hearing DATE: June 4, 2010 1.Finding Pre-Existing Use Project Address: 188 Earle St Zoning SI Adjacent Uses: Residential/Industrial The applicant proposes to construct an addition to the existing single family house in order to create an in-law apartment. History: As the State hospital district was being defined and developed, the city approached/worked with the property owner to rezone this parcel to meet the applicant’s future needs. Thus SI was selected which made the existing single family home non-conforming. One side of the property (Smith parcels) are URC, the parcels across the street are Planned Village (part of the industrial section of the Village Hill). This is therefore somewhat of an anomaly parcel. Expanding the residential use will not likely have any negative effect on the surrounding parcels in that it is a stand along district meant to be a transitional zone between the Village Hill and the Smith URC parcels. In the future, this parcel will likely contain a mix of uses that include those allowed in the SI zone. 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. If the Administrator determines that the criteria have been met, issue the finding. 2.Finding Setbacks Project Address: 9 Fairview Ave Zoning URB Adjacent Uses: Residential The proposed addition would be 7’ from the rear lot line. The required setback is 20’ and the existing structure is at 2.5’ 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.” 1 2 Staff Recommendation: Staff has no concerns. If the Administrator determines that the criteria have been met, issue the finding. 3.Finding CONTINUED FROM Apr 22 Side Setback Project Address: 12 W. Center Street Zoning URB Adjacent Uses: Residential The project was continued in order for both sides to discuss compromise and for a light study to be submitted showing alleged impacts. Additionally information about effect on real estate value was requested of the abutter. No new information has been submitted to date. 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.” use.” Staff Recommendation: Staff has no concerns. If the Administrator determines that the criteria have been met, issue the finding. REGULAR MTG TO: Zoning Board of Appeals - FROM: Carolyn Misch APPROVED: Wayne Feiden RE: May 27 Public Hearing DATE: May 20, 2010 5:30 PM Appeal Amendment Enforcement Order/Court Decision CONT FROM 3-25/4-8/4-22/5-13/5-27 Project Address: 52 Maple St Zoning GB Adjacent Uses: Residential/Commercial No information as of yet about negotiations. 5:30 PM CONTINUED (NOT PREVIOUSLY OPENED) COMMERCIAL FINDING Reuse of previous retail space(FORMERLY HILL & DALE) Project Address: 327 King St Zoning Highway Business Adjacent Uses: Commercial NOTE: ALL Zoning Board of Appeals members are eligible to vote 3 The project proponents wish to obtain approval for reusing the existing one story building in its current location. There have been various uses over the last 20+ year cycle of operations at this site. Since the previous use (Price Chopper ) vacated the site there have been significant changes to the King Street zoning. These changes require that buildings be built within 55’ of the street and that for 10,000 retail spaces and beyond the buildings meet certain design standards and have a two story build out unless a payment in lieu of the two stories is made. Thus given the changes to the zoning, a retail space of more than 10,000 square feet set as far back on the site as this building does not conform. The applicant seeks to “refurbish” the exterior, altering some of the footprint and needs a Finding to do so. They are seeking approval without know the final build-out, tenant selection etc but instead wish to improve the structure to market the site. Issues:  There are multiple ways in which this site does not conform to zoning in addition to the fact that the building does not conform. Typically, applicants present a total package for the reuse of a property. Given that there are no tenants full design has not been completed. The Zoning Board of Appeals is ONLY asked at this time to evaluate the proposed changes as they relate to the building. They are interested in assurances that they have the legal authority to use the building where it is and not move it forward to bring it into compliance with the zoning. The applicant may come forward at a later time for relief through a finding process for the site (landscaping, open space, parking layout etc).  The applicant received a preliminary site plan approval (conditioned on showing a full site plan) to create a wider than allowed curb cut with traffic signal to King Street. The site plan has not been engineered and therefore the Planning Board could not effectively evaluate it or any waivers to requirements at the time. When such an application comes in and total items identified that are in need of relief the Zoning Board of Appeals and Planning Board can look at it comprehensively. 4 As in the past with sites like Potpourri Mall, Stop & Shop, Big Y, Wal-Mart, etc the Board has looked at how the site has been improved from previous non-conforming conditions compared to the current zoning standards. When the site plan is finalized and if the applicant cannot comply with all the current standards, a “finding” application would be reviewed with this lens. EXAMPLES Stop & Shop before Finding Stop & Shop after Finding 5 Big Y Before Finding: Big Y After Finding: Staff Recommendation: Because a building cannot be used until the site is redeveloped, staff recommends approval of the Finding request to enable the building to be upgraded at the current location for marketing purposes with the following condition: 1. No building occupancy can occur until the applicant receives approval for the reuse of the site through either full compliance of site plan standards through the Planning Board or combination of site plan approval through Planning Board and Finding from the Zoning Board of Appeals. The Northampton Zoning Board of Appeals Zoning Administrator Minutes of Meeting June 10, 2010 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. Barry Smith opened the continuation of a hearing on a Finding at 12 W.Center St, Florence. The applicant updated Mr. Smith on the status of concerns of the abutter and noted the abutter had moved and no longer had any opposition. Noting no public presence, Barry Smith closed the hearing and issued the finding as presented in the application. 4:05 P.M . Barry Smith opened the request by Jonathan Yourga & Pauline Parker for a Finding to expand a residential use In the SI district at 188 Earle St, Northampton Map ID 38A-65. Pauline Parker described the project. Staff clarified the reasons for the Finding. Nelson Shifflett, Valley Home Improvement spoke in favor of the addition. Barry Smith closed the hearing and issued the finding as presented. 4:10 P.M. Barry Smith opened the request by Nelson Shifflett/Valley Home Improvement for a Finding for setbacks at 9 Fairview Ave, Northampton Map ID 38B-218. Shifflett described the application noting a 2 ½’ rear setback with a proposed addition that would be 7’ from the rear. Noting no public presence, Barry Smith closed the hearing and issued the Finding as presented. SR TAFF EPORT Administrator Mtg—Sara Northrup TO: Zoning Board of Appeals - FROM: Carolyn Misch APPROVED: Wayne Feiden RE: June 24 Public Hearing DATE: June 18, 2010 4:00 Finding Pre-Existing Setbacks Project Address: 140 Loudville Rd Zoning RR/WP overlay Adjacent Uses: Residential The applicant proposes to construct an addition to the existing single family house by removing the attached garage and replacing it with living space. The structure is not in the mapped 100 year floodplain, though the parcel is. The project is in the RR zone on the Manhan River and has a non-confonforming front and rear setback. The projection is less than the rear and the front structure currently sits. This project also requires a Planning Board special permit for substantial improvement in the WP/floodplain district as well as a permit from the Conservation Commission for construction in riverfront and proximity to floodplain. 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. If the Administrator determines that the criteria have been met, issue the finding. 4:10 PM Finding Setbacks for detached garage Project Address: 152 Crescent Zoning URB Adjacent Uses: Residential The proposed addition to the detached garage is closer than the 4’ setback required. The existing garage currently is closer than 4’. 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. If the Administrator determines that the criteria have been met, issue the finding. 1 2 4:20 P.M. Finding Side Setback Project Address: 59 Williams Street Zoning URB Adjacent Uses: Residential The applicant proposed a second story over the first floor which is 2.5’ from the side lot line (15’ is required). 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.” use.” Staff Recommendation: Staff has no concerns. If the Administrator determines that the criteria have been met, issue the finding. REGULAR MTG TO: Zoning Board of Appeals - FROM: Carolyn Misch APPROVED: Wayne Feiden RE: May 27 Public Hearing DATE: May 20, 2010 5:30 PM Appeal Amendment Enforcement Order/Court Decision CONT FROM 3-25/4-8/4-22/5-13/5- 27/6-10 Project Address: 52 Maple St Zoning GB Adjacent Uses: Residential/Commercial No information as of yet about negotiations/plans. 5:30 PM COMMERCIAL FINDING Reuse of previous auto space(car dealer) Project Address: 375 South Street Zoning URB Adjacent Uses: Residential/Commercial The applicant received a finding a year ago for a temporary flea market at this site. The owner/applicant continues to seek a long term reuse of the site, but would like to renew for one- year a permit to continue to use the site for temporary market. See attached decision. 3 There are several aspects about the site that are non-conforming in addition to the use itself, including landscaping, curb cuts, parking location, buffer, parking lot layout, lighting, and open space. Typically for reuses (permanent) the Zoning Board of Appeals sees substantial progress/improvement of existing conditions. The board could either renew the permit for a time-limited duration or require some modest level of improvements that would make pedestrians safer on and around the site. Such improvements would benefit any end user who would likely be required to install anyway. (e.g. add 10’ green buffer between the sidewalk and the parking lot, close a curb cut, narrow a curb cut, add landscaped islands to the parking lot). Traffic impacts have not materialized for this low-end/temporary use. Staff does not recommend further traffic study at this time. If the Board approved Finding, staff recommends that a permit only be granted for 1 year. Northampton Public Meeting/Legal Ad/Agenda For Thursday July 22, 2010 THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, 210 Main Street, Northampton on: 5:30 P.M. Request for a Finding by Northampton Survival Center to expand the Survival Center at 265 Prospect St, Northampton Map ID: 24C-013 5:30 Continuation of Teece at 52 Maple Street THE PLANNING BOARD will hold a public hearing in City Council Chambers, 212 Main Street, Northampton on: 7:00 P.M. Request for Permit extension timeline by City of Northampton Police department for 29 Center St, Map Ids 31B-271, 272, 282, Northampton. Other Business- Administrative amendment to Coke Plant Update on West Street Design Guidelines process. Publish: July 8 and July 15, 2010 Bill to: Office of Planning & Development Account #: 71350 See Also: www.northamptonma.gov (“Calendar”) for continuations TO: Zoning Board of Appeals FROM: Wayne Feiden, FACIP, Director of Planning and Development RE: July 22, 2010 ZBA Meeting Staff Report DATE: July 7, 2010 Carolyn Misch has recused herself from review of the Northampton Survival Center’s application, so I will be providing staff support for this project. Northampton Survival Center (265 Prospect Street, Map ID 24C-013) The Survival Center is requesting a Finding to determine their proposed rehabilitation and expansion is more detrimental to the neighborhood or creates any new zoning non-conformities. Specifically, the Survival Center proposes to: 1.Rehabilitating their existing space; 2.Expand into space currently used by the City; 3.Expand the building to be closer to the street; 4.Make some site improvements. Staff Findings: 1.The proposed work does not create any additional zoning violation. The expansion is closer to the property line than zoning allows, but no closer than the existing use. 2.The proposed work will improve the appearance and functioning of the building and use. 3.The proposed work will bring the parking lot closer to conformance with the zoning, especially by now meeting the 10’ front yard setback requirement for parking lots (this is not shown on the original plans but is shown on a revised plan filed with the Planning Office). 4.The use itself qualifies for an educational exemption, so the only issue is the impacts on the neighborhood. 5.The expanded use may generate some additional traffic. This is balanced by less City traffic (from giving up a portion of the site) and greater setback from the front property boundary to the parking lot. Staff Recommendations: Staff recommends that the ZBA issue a Finding if you find that the project is no more detrimental to the neighborhood than the current use. We recommend approval with the following conditions: 1. Except for the access driveway, no pavement or gravel shall remain within 10’ of the Prospect Street sidewalk and this are shall all be seeded in maintained in grass or other landscaping and shall, at a minimum, include the shrub hedge shown on the plans. 2.Shrubs shall include, at a minimum the following plants {insert from the shrub list that the applicant will submit at or prior to the meeting}. Zoning Board of Appeals Minutes July 22, 2010 Members Present: David Bloomberg, Chair; Malcom Smith; Sarah Northrup; and Bob Riddle, Alternate Staff Present: Wayne Feiden David Bloomberg opened the meeting at 5:30 PM. Northampton Survival Center (265 Prospect Street, Map ID 24C-013)—Public Hearing David Bloomberg opened the public hearing at 5:30 PM by reading the legal notice, as it appeared in the Daily Hampshire Gazette and was posted at the City Clerk’s office. The applicant presented their request for a Finding for a proposed rehabilitation and expansion of the Survival Center. The board discussed the building, the landscaping, especially with the property boundary to the north, and pedestrian traffic. Upon motion by Sara Northrup and second by Malcolm Smith, the board voted unanimously (3-0 with only full members voting) with the condition that the Survival Center sign be moved to the south side of the driveway IF it can obtain necessary permits, and in accordance with Site Plan labeled C100 and dated 6/29/2010 and showing the parking setback 10 feet from the front property boundary and with the front hedge landscaped in accordance with a July 16, 2010 letter from the Survival Center. The board accepted staff findings: 1.The proposed work does not create any additional zoning violation. The expansion is closer to the property line than zoning allows, but no closer than the existing use. 2.The proposed work will improve the appearance and functioning of the building and use. 3.The proposed work will bring the parking lot closer to conformance with the zoning, especially by now meeting the 10’ front yard setback requirement for parking lots (this is not shown on the original plans but is shown on a revised plan filed with the Planning Office). 4.The use itself qualifies for an educational exemption, so the only issue is the impacts on the neighborhood. 5.The expanded use may generate some additional traffic. This is balanced by less City traffic (from giving up a portion of the site) and greater setback from the front property boundary to the parking lot. Upon motion by Malcolm Smith and second by Sara Northrup, the Board voted unanimously to adjourn at 6:20 PM. TO: Zoning Board of Appeals FROM: Wayne Feiden, FACIP, Director of Planning and Development RE: August 12, 2010 ZBA Meeting Staff Report DATE: July 29, 2010 Carolyn Misch has recused herself from review of Linda Enghagen and Kathleen Becker’s application, so I th am doing the staff analysis. I will not be at the August 12 meeting, so please let me know ahead of time if you have any questions. Linda Enghagen and Kathleen Becker (5-7 Fifth Avenue, Map ID 24C-113-001)- Special Permit for a Home Occupation in a detached accessory building. Staff Findings: 1.The proposed work is eligible for a Special Permit if the board finds the criteria have been met. 2.The city’s planning and zoning deliberately encourages home occupations (e.g., traffic mitigation as it is for many other projects). 3.The primary neighborhood impact will be from increased traffic. The expected traffic is probably not out-of-character for this neighborhood. 4.Staff did not identify any necessary traffic mitigation needs, but the board would be within the rights to require such as mitigation if any issue comes up during the public hearing. 5.The primary impact to abutters will be visual and traffic. Since clients are limited to normal working hours, however, this should be negligible. Staff Recommendations: Staff recommends that the ZBA issue the Special Permit if you find the criteria are met, with the following conditions: 1.No non-resident employees be allowed. 2.Hours of operation limited to 7:00 AM to 6:00 PM 3.Use is limited to proposed use for speech and language therapy. 4.Permit is valid for one year (at which point a renewed permit is required), unless Northampton Zoning changes to allow indefinite Home Occupation permits, in which case this permit shall automatically not expire. SR TAFF EPORT REGULAR MTG TO: Zoning Board of Appeals - FROM: Carolyn Misch APPROVED: Wayne Feiden RE: Sept 23 Public Hearing DATE: Sept 18, 2010 5:30 Finding Pre-Existing Non-Conforming Sign Project Address: 48 Pomeroy Terr (College Church) Zoning URB Adjacent Uses: Residential The College Church has a ground sign they wish to replace. IT is currently not setback the required 10’ from the property. The proposed new location would be setback further, but still not the 10’ due to concerns about obscuring the signs. Section 7.6 states: Preexisting nonconforming accessory signs may not be changed, extended or altered unless the change brings the sign into conformity with the provisions of this chapter or unless said change is limited to changing the sign letters or symbols and/or changing panels and does not alter the structure of the sign itself. The following preexisting nonconforming signs, however, may be changed, extended or altered if there is a finding by the Zoning Board of Appeals that such change, extension or alteration will not be substantially more detrimental than the existing nonconforming sign to the neighborhood, and provided that such change, extension or alteration will not make the sign any more nonconforming than it now is (i.e., higher, taller, bigger, closer, etc.): A. Preexisting nonconforming accessory signs in residential districts. B. Preexisting nonconforming projecting signs in the Central Business District. Staff Recommendation: Staff has no concerns. The sign is pulled back further which comes closer to meeting the regulations and does not exceed the maximum 40 square foot allowance in Section 7.3 for grounds signs at churches. 5:30 Teece Appeal—Parites have time conflict and request continuance to 10-14 5:45 Special Permit Additional Wall Sign Project Address: 42 Pleasant Street Zoning CB Adjacent Uses: Commercial Newbury Comics request a second sign to hang over the second store front window. Under 350-7.2 M: 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 1 2 (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. Staff Recommendation: Approve additional sign awning based on the fact that it will hang over a space that is en essence a second store front (This space is occupied by one business but it historically has been 2 distinct retail spaces so architecturally reads as two.) 5:50 Finding Site Development Project Address: 327 King St Zoning HB Adjacent Uses: Commercial The application is for the redevelopment at the old Hill & Dale mall. The Board previously looked at Finding criteria for the reuse of the non—conforming building and location of the building but had no site plan to review. This application is for the site plan and includes request for relief from open space, which is going from 13+-% to 19+-% and landscaping requirements within the lot including planted islands between parking aisles and tree planting of 1/15 parking spaces. Staff Recommendation: Approve Finding as shown. Plan comes closer to meeting the requirements and is an improvement over the existing conditions which includes grass without formal landscaping. The parking lot will be improved with some planted strips to break up the open asphalt field that currently exists. Decision should clarify/specify that the Board is approving the non-conforming aspects but if Planning Board approves slightly different plan, applicant does not need to come back unless the open space diminishes. Further, this approval does not override any previous site plan requirements of the Planning Board approval for the signal. Other Business: Possible zoning changes to home occupations. Currently the section of the ordinance reads as shown below. There has been discussion with applicants over the years about the burden that the 1 year renewal is onerous and expensive. This is the ONLY special permit in the ordinance that requires a follow up. Typically if there are issues, they have been compliance issues and not any ones that need redress in a special permit condition. Planning Board has seen proposed language and asked if section M should be deleted altogether. M. 350-10.12 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. Northampton Public Meeting/Legal Ad/Agenda For Thursday Oct 14, 2010 THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, 212 Main Street, Northampton: 5:30 P.M. Special Permit request by Andrew Payne & Loretta Kane to convert a detached studio to a detached accessory dwelling @ 470 Bridge Rd, Florence, Map Id 17B-6. 5:30 P.M. Continuation of Teece, 5:45 P.M. Finding request by Three County Fair to demolish existing barns and replace them with 54,000 sf in three new barns, 100,000 sf for three covered riding rings at 54 Fair St, Northampton, Map Id 25-44; 25c-251, 254. THE PLANNING BOARD will hold a public hearing in City Council Chambers, 212 Main Street, Northampton: 7:00 P.M. Special Permit & Site Plan request by Office of Planning and Development to create a two-family cluster lot and one flag lot with common driveway at 400 Burts Pit Rd, Florence, Map Ids 30c-43, 44, 60. 7:20 P.M. Special Permit request to convert a retail space to restaurant at 176 Pine St, Florence, Map Id 22b-41. THE PLANNING BOARD will hold a joint public hearing with HISTORICAL COMMISSION and CENTRAL BUSINESS ARCHITECTURE COMMITTEE in City Council Chambers, 212 Main Street, Northampton: 7:30 P.M. Continuation (from Sept 23) of a hearing on the request by St. Elizabeth Ann Seton Parish for Site Plan Approval to construct a 14,000+- square foot building and parking lot over 75 spaces. THE PLANNING BOARD will hold a public hearing in City Council Chambers, 212 Main Street, Northampton: 8:00 P.M. Site Plan Major Project request by Three County Fair to construct 54,000 sf in three new replacement barns, 100,000 sf for three covered riding rings with associated site development at 54 Fair St, Northampton, Map Id 25-44; 25c-251, 254. ZRC Work Plan/Projects through May Letter of support for HP Publish: Sept 30, and Oct 7, 2010 Bill to: Office of Planning & Development Account #: 71350 See Also: www.northamptonma.gov (“Calendar”) for continuations Abutters within 300’ notified of the above hearings may contact Office of Planning and Development for more information or go to www.northamptonma.gov/opd and click the link for “Public File Cabinet: All Planning Files” to review application materials. Northampton Public Meeting Agenda For Thursday Oct 28, 2010 THE ZONING BOARD OF APPEALS will hold a public hearing in Council Chambers, 212 Main Street, Northampton: 5:30 P.M. Special Permit request by Andrew Payne & Loretta Kane to convert a detached studio to a detached accessory dwelling @ 470 Bridge Rd, Florence, Map Id 17B-6. 5:30 P.M. Continuation of a Finding request by Three County Fair to demolish existing barns and replace them with 54,000 sf in three new barns, riding rings at 54 Fair St, Northampton, Map Id 25-44; 25c-251, 254. 5:45P.M. Continuation of Teece, THE PLANNING BOARD will hold a public hearing in City Council Chambers, 212 Main Street, Northampton: 7:00 P.M. CONTINUATION Site Plan Major Project request by Three County Fair to construct 54,000 sf in three new replacement barns, 100,000 sf of riding rings with associated site development at 54 Fair St, Northampton, Map Id 25-44; 25c-251, 254. Other: Open Space Plan ZRC appointments (2 replacements) Update on Charrette Revisit zoning options for table changes