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23A-291 ZBA DecisionZoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2012-0009Date: November 15, 2011 APPLICATION TYPE:SUBMISSION DATE: Commercial Finding10/13/2011 Applicant's Name:Owner's Name: NAME: NAME: Sheryl FappianoHICKS KATHERINE M ADDRESS:ADDRESS: 141 Kennedy Rd190 NONOTUCK ST TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: LEEDSMA01053FLORENCEMA01062 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 190 NONOTUCK ST TOWN:ADDRESS: ACTION TAKEN: FLORENCE MA 01062 Grant MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 23A291000 Chapt. 350-9.3 (1) (D): Pre-existing TOWN:STATE:ZIP CODE: Nonconforming Structures or Uses May be Book:Page: Changed, Extended or Altered with a 5786224 PHONE NO.:FAX NO.: Finding from the Zoning Board of Appeals. EMAIL ADDRESS: NATURE OF PROPOSED WORK: ADULT DAY HEALTH CARE HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The Zoning Board of Appeals granted the Finding based on the materials and graphics submitted with the application. The Findings of the Board under Section 9.3 for the change to a non-conforming use were based on the plans and information submitted with the application. The Board found the following: 1. The proposed project did fall under section 9.3. 2.. Under section 350-9.3 found that the change did not involve a sign (see § 350-7 for signs) and the change does not increase the nonconforming nature of the property and does not create any new zoning violation (such as further reducing a setback or minimizing open space). COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 10/11/201111/5/201111/24/2011 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 10/29/201112/17/201111/10/201111/24/201112/5/2011 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 10/27/201111/10/201111/10/201111/15/2011 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 11/3/20115:30 PM11/24/20111/21/2012 MEMBERS PRESENT:VOTE: Elizabeth Silvervotes toGrant Malcolm B.E. Smithvotes toGrant Bob Riddlevotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Malcolm B.E. SmithElizabeth Silver3Approved MINUTES OF MEETING: Available in the Office of Planning & Development. GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2012-0009Date: November 15, 2011 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® 2011 Des Lauriers Municipal Solutions, Inc.