Neighbor Letter2
Carolyn Misch
From:Edward Gale <egale@adelphia.net>
Sent:Wednesday, September 07, 2011 10:27 PM
To:Carolyn Misch
Cc:sophia1975@aol.com
Subject:Follow-up to Jennifer Samolewicz's special permit request
Carolyn Misch, AICP
Senior Land Use Planner & Permits Manager
City of Northampton
Office of Planning & Development
210 Main Street, Rm 11, City Hall
Northampton, MA 01060 September 7, 2011
Re: Request by Jennifer Samolewicz for a special permit to create a home business a 30 Hawthorne Terrace,
Florence Map ID 43-156
Hearing scheduled Thursday, September 8, 2011
Dear Ms. Misch,
Upon reading the NORTHAMPTON CITY CODE: § 350-10.12 Home Occupation Special Permit
Criteria, which our lawyer Margo Welch e-mailed to us, my wife and I now strongly feel that, if the permit is to
be awarded, the following concerns (which I am taking from Janet Carhart's letter) need to be specifically stated
in the body of the permit.
1. No sign may be visible from the road (Hawthorne Terrace).
2. The business may include one employee, specifically Jennifer Samolewicz, only and may not be expanded to
accommodate more than one styling chair, hair-washing station, and small seating area limited to one or two people.
Jennifer may not hire an additional stylist, or other employee, nor may any family member work as a stylist or other
employee in the business.
3. No customer will park on the street. The Samolewiczs' driveway will accommodate the needed parking provided such
parking is to the one or two cars Jennifer has said she anticipates needing to accommodate.
4. The permit will not convey to a subsequent owner of the house, nor will it be able to be altered without an additional
application, review, and public hearing.
As we stated in our original letter, we would like to support Jennifer's desire to have a small personal business with
her own personal clients at her house, but it is also very important to us that the nature of this quiet and peaceful
neighborhood does not change in the future. If the above restrictions can be written into the permit, we will continue to
support Jennifer receiving the permit. If they can not be added, however, we request that the permit not be granted.
Thank you for your time and we do hope that a solution can be arrived at that works for all the parties involved.
Sincerely yours,
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Edward R. Gale Pilar C. El Cid Gale
Homeowners at 29 Hawthorne Terrace, Northampton MA 01062
FROM NORTHAMPTON CITY CODE:
§ 350-10.12 Home occupation special permit criteria.
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.
I.
If said home occupation takes place in an accessory structure:
(1)
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Constructed prior to the date of the adoption of this chapter, then said structure must conform to the setback
requirements for accessory structures in that district.
(2)
Constructed after the date of the adoption of this chapter, then said structure must conform to the setbacks
requirements for a principal structure in that district.
J.
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. Permits may be renewed in perpetuity upon application to the Building Commissioner if nothing has
changed in the project since its first special permit application.
N.
All special permits for home occupations are nontransferable and are specifically issued to a specific applicant
for a specific home occupation.
O.
To allow those occupations (defined here as home office/occupation) which require work space but do not
involve sales of goods stored on the premises nor seeing any clients in the home, and which do not impact on a
neighborhood (such as writers, researchers, and home offices for consultants who generally practice their trade
at the client's place of business), a home occupation will be permitted as-of-right if the applicant complies with
the following conditions, in addition to criteria above:
(1)
The home office/occupation may be conducted only by bona fide residents of the home; and
(2)
No clients or customers may be seen in the house or accessory structures for business purposes, except for those
business purposes that are clearly incidental to the business when no services for fee or sales are being
conducted during the visit, and then no more than one visit per day; and
(3)
No signs are permitted for the home office/occupation; and
(4)
No goods may be sold from the premises nor may there be any sale of goods stored on premises, either retail or
wholesale and no goods may be displayed on premises. However, Internet, telephone or electronic transactions
may be allowed. (Walk-in sales prohibited.) Stored goods for such transactions may comprise up to 10% or 100
square feet (whichever is less) of the area designated for the home office/occupation; and
(5)
No outdoor storage of materials is allowed; and
(6)
Home office/occupations may only be those allowed in the definition of home occupation (§ 350-2.1).
Margo E. Welch
Welch Law Offices
143 Main St., Northampton, MA 01060
(413) 586-3558; FAX (413) 586-3847
email: margo.welch@verizon.net
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