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31A-115_ZBA DecisionZoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2011-0013Date: November 30, 2011 APPLICATION TYPE:SUBMISSION DATE: Special Permit4/15/2011 Applicant's Name:Owner's Name: NAME: NAME: COFFEY KELLYCOFFEY KELLY ADDRESS:ADDRESS: 40 VERNON ST40 VERNON ST TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060NORTHAMPTONMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 584-8548 () (413) 584-8548 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 42 VERNON ST URB(100)/ TOWN:ADDRESS: ACTION TAKEN: FLORENCE MA 01062 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 31A114001 Chpt. 350- 10.12: Home Occupation Special TOWN:STATE:ZIP CODE: Permit Criteria Book:Page: 2031090 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: HOME OFF/REG - PERSONAL TRAINING STUDIO HARDSHIP: CONDITION OF APPROVAL: 1)No more than one additional employee who is not a resident is allowed. 2). No sale of goods are allowed. 3). No music associated with the business shall be measurable beyond the property boundary. 4). There shall be adequate off-street parking provided during the winter. 5). Hours of operation shall be as stated in the permit from 6 a.m. to 10 p.m. seven days a week. 6). The permit shall expire 6 months from the date of the end of the appeal period. A new ZBA application for special permit shall be made at that time to continue the home business. 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. 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. 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. GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2011-0013Date: November 30, 2011 COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 4/12/20115/7/20115/19/2011 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 4/30/20116/19/20115/12/20115/26/20116/7/2011 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 4/28/20115/12/20115/12/20115/18/2011 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 5/5/20115:30 PM8/10/20119/14/2011 MEMBERS PRESENT:VOTE: Elizabeth Silvervotes toGrant Malcolm B.E. Smithvotes toGrant Sara Northrupvotes toGrant Bob Riddlevotes to MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Elizabeth SilverSara Northrup3Granted 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® 2011 Des Lauriers Municipal Solutions, Inc.