24C-113 7 Fifth Ave ZBA DecisionZoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2011-0001Date: August 13, 2010
APPLICATION TYPE:SUBMISSION DATE:
Special Permit7/9/2010
Applicant's Name:Owner's Name:
NAME: NAME:
ENGHAGEN LINDA K & KATHLEEN MENGHAGEN LINDA K & KATHLEEN M BECK
ADDRESS:ADDRESS:
5-7 Fifth Ave5 - 7 FIFTH AVE
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 586-8746 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
7 FIFTH AVE
URB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved w/ Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
24C113001
Chpt. 350- 10.12: Home Occupation Special
TOWN:STATE:ZIP CODE:
Permit Criteria
Book:Page:
2118061
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
HOME OCCUPATION IN DET BUILDING
HARDSHIP:
CONDITION OF APPROVAL:
1)No non-resident employees allowed.
2). Hours of operation shall be between 8 a.m. and 6:30 p.m.
3). Permit runs with the applicant/practitioner.
FINDINGS:
The Zoning Board granted the approval based on the information submitted in the application and the Board found that:
A. The requested use protects adjoining premises against seriously detrimental uses. The use of the property will continue as a two-
family house.
B. The requested use will have no effect on the convenience and safety of vehicular and pedestrian movement within the site and on
adjacent streets, .
C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings
and other community assets in the area. The expanded detached garage will not encroach closer to property boundaries and will not be a
greater impact than the existing garage..
D. The requested use will not have an effect on city resources as the two family uses will remain the same.
E. The requested use meets special regulations set forth in the Zoning Ordinance under section 10.12 as specified in the application.
F. The requested use bears a positive relationship to the public convenience or welfare. The use will not unduly impair the integrity of
character of the district or adjoining
zones, nor be detrimental to the health, morals, or general welfare. The use will be in harmony with the general purpose and intent of the
Ordinance.
G. The Sustainable Northampton Plan calls for greater mixed use and infill within this portion of the city that is walk able to and between
neighborhoods and city services.
COULD NOT DEROGATE BECAUSE:
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2011-0001Date: August 13, 2010
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
7/13/20108/7/20108/19/2010
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
7/31/20109/12/20108/12/20108/26/20109/2/2010
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
7/29/20108/12/20108/12/20108/13/2010
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
8/5/20105:30 PM11/10/201012/15/2010
MEMBERS PRESENT:VOTE:
Malcolm B.E. Smithvotes toGrant
Sara Northrupvotes toGrant
Bob Riddlevotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Malcolm B.E. SmithBob Riddle3Granted w/ Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and
certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
___________________________________
NOTICE OF APPEAL
An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as
amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of
filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk
of Northampton.
GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.
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.