38B-245 3 Olive Street ZBA Denial of Appeal
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2014-0024Date: November 21, 2014
APPLICATION TYPE:SUBMISSION DATE:
Appeal6/10/2014
Applicant's Name:Owner's Name:
NAME: NAME:
C & S Sandler Acquisitions, LLCC & S Sandler Acquisitions, LLC
ADDRESS:ADDRESS:
3 Olive St.3 Olive St.
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPT0NMA01060NORTHAMPT0NMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
236 SOUTH ST
URB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Denied
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
38B245001
Chpt. 350- 4.10: Variances & Appeals
TOWN:STATE:ZIP CODE:
Book:Page:
2490223
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Appeal of Bldg. Inspector's Decision
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Zoning Board denied the appeal of the applicant and thereby voted to uphold the Building Commissioner's Determination that a
business was not being conducted on the site.
In making its determination, the Board heard arguments from the appellant and read briefs submitted related to the definition of
"business" and business use, sales from the site, and information from the Building Commissioner.
The Board determined that there was no continuous and sustained business activity with the intent to profit. The Board further
acknowledged that there had been disputes between the appellant and the abutter relative to noise, lights, activity taking place and that
there were other potential mechanisms to address those nuisance issues. This could be either legal recourse, mediation as offered by
the Building Commissioner, enforcement of zoning code if necessary by the Building Commissioner or other means.
Note: The hearing was continued originally from June 26 (without opening )to September 11 (hearing opened). The appellant agreed to
waive all time lines by which the Board needed to make a determination and issue a decision when the hearing was first moved from the
June 26th date.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
5/27/20146/21/201411/13/201411/27/2014
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
6/14/20148/14/201411/13/201411/27/201412/11/2014
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
6/12/20146/26/201411/13/201411/21/2014
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
6/19/20149/18/20149/18/2014
MEMBERS PRESENT:VOTE:
Elizabeth Silvervotes toGrant
Malcolm B.E. Smithvotes toGrant
David Bloombergvotes toGrant
GeoTMS® 2014 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2014-0024Date: November 21, 2014
Sara Northrupvotes tono action needed
Bob Riddlevotes tono action needed
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Malcolm B.E. SmithElizabeth Silver3-0Denied
MINUTES OF MEETING:
Available in the Office of Planning & Sustainability website at: www.NorthamptonMa.gov/
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® 2014 Des Lauriers Municipal Solutions, Inc.