45-058 ZBA Appeal Decision 2009Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2009-0012Date: August 6, 2009
APPLICATION TYPE:SUBMISSION DATE:
Appeal5/28/2009
Applicant's Name:Owner's Name:
NAME: NAME:
Jennifer RemillardDUDA MATHIAS S
ADDRESS:ADDRESS:
178 Island Rd.ISLAND RD
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPT0NMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(413) 584-2775 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
ISLAND RD
SC(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Overturn Building Commissioner's Decision
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
45058001
TOWN:STATE:ZIP CODE:
Book:Page:
1899022
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Appeal of Building Commissioner's decision regarding enforcement action at the Oxbow Marina
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Zoning Board voted unanimously to overturn the Building Commissioner’s decision because the Commissioner misinterpreted the
nature of the relief requested, which was merely to enforce the use of the auxiliary parking lot as required by the special permit issued by
the Planning Board.
The Zoning Board of Appeals found that the Building Commissioner was correct to deny a cease and desist action with respect to the
continued use of the soccer fields, but that enforcement of the requirement to use the auxiliary parking lot as requested by the appellant
and as required by the special permit was appropriate.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
6/23/20097/18/20098/6/2009
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
7/11/20098/1/20097/23/20098/6/20098/26/2009
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
7/9/20097/23/20097/23/20098/6/2009
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
7/16/20095:50 PM9/5/20099/5/2009
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
David Bloombergvotes toGrant
Sara Northrupvotes toGrant
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Elizabeth SilverSara Northrup3In Favor
MINUTES OF MEETING:
Available in the Office of Planning & Development.
GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2009-0012Date: August 6, 2009
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® 2009 Des Lauriers Municipal Solutions, Inc.