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11C-038 55 Florence Street- zoningrn ��t1AMp�, �ooy CITY OF NORTHAMPTON ZONING BOARD OF APPEALS $ a NORTHAMPTON. MASSACHUSETTS 01060 DATE: AUGUST 31, 1989 Certificate of Granting of Variance or Special (General Laws, Chapter 40A, Section 11) t THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: MARTIN AND LYNN RULE ADDRESS: 55 FLORENCE STREET CITY: LEEDS, MA AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: 55 FLORENCE STREET, LEEDS And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance/ Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed after the decision has been filed in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the owner or applicant. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON By: Chairman r l fy 4 i�x By: Secretary I.■ 'Iv r `.0I Northampton Zoning Board of Appeals August 16, 1989 Meeting Page One The Northampton Zoning Board of Appeals met at 7:30 p. M. on Wednesday, August 16, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, to conduct a Public Hearing on the Application of Martin and Lynn Rule for a Special Permit under the Provisions of Section 5.2 of the Northampton Zoning Ordinance to allow a home occupation involving the mail -order sale of childrens wooden toys. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, the applicable portion of the Table of Use Regulations, the definition of "Home Occupation," the Section 10.10 Special Permit criteria, and a memorandum from the Planning Board. Mr. Rule appeared, and stated that he had a full -time job, but as a hobby had begun making wooden toys for his children, and felt he could make some extra money by selling them. The work would be done entirely by him and his wife - -there will be no employees - -and advertising would be limited to a brochure. Everything will be made -to -order in his basement workshop. There was no one present either in favor or in opposition. Dr. Laband remarked that the Planning Board was concerned about the possibility of truck traffic if the business were to become successful, and asked why the Rules did not attend the Planning Board meeting to which they had been invited. They replied that they had taken their child to the Lahey Clinic. The Rules then discussed the "minimal" nature of the undertaking, and the fact that any sales would be taken to the Post Office for mailing, and no UPS or lumber delivery trucks would be involved. Dr. Laband asked that the minutes show that the Board did not ignore the Planning Board's concerns, and went into the traffic issue in detail. The Board decided to vote on the Application without Planning Board input, because they felt the issue had been covered thoroughly, and to not vote this evening would mean the Applicants would have to wait until September for a decision. Dr. Laband moved the Public Hearing be closed, Mr. Weil seconded, and the motion passed unanimously. Mr. Weil found that the home occupation involves a husband and wife custom making wooden toys on a small scale, no warehousing or trucks involved, found that the definition of home occupation had been met as well as the Special Permit criteria. Dr. Laband concurred, and moved that the Special Permit be granted. Ch. Buscher also concurred, finding no effect on the neighborhood and no outward manifestation of the home occupation. Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Ro ert C. Buscher, Chairman . i 1".W •"W DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on August 16, 1989, the Zoning Board of Appeals of the City of Northampton voted unanimously to GRANT the Application of Martin and Lynn Rule for a Special Permit under the Provisions of Section 5.2 of the Northampton Zoning Ordinance to allow a home occupation involving the mail -order sale of childrens' wooden toys at 55 Florence Street, Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The Findings are as follows: The requested use is listed in the Zoning Ordinance as allowed by Special Permit. The requested use is within the framework of "home occupation" as defined by Section 2 of the Zoning Ordinance. The requested use bears a positive relationship to the public good in that it involves a husband and wife custom - making wooden on a minimal scale additional income. the There basement will be their no trruck to generate deliveries or warehousing. will it have y The change will have no affect on any municipal systems, nor an affect on traffic or pedestrian safety. The requested use will have no outward manifestation, and will not have any impact on the integrity or character of the district, and is in harmony with the general purpose and intent of the Ordinance. Robert C. Buscher, Chairman Dr. Peter Laband M. Sanfo Weil, Jr. CITY OF fjORTHAMPTOV ZONING PERMIT APPLICA'14+rN Zoning Ordinance Section 10.2 No. H P . I Lot ,D I Plan File U " 1 Lynn Rule Martin & Lynn Rule r ' .c�pHUnrir iN Owner � }vHAMPTO MA. 0 0 '-- F �erence St. Leeds �� 55 Florence St. Leeds Address Address 584 -3496 584 -3496 Telephone Telephone ls acc ordance with the "Table of Dimensional and Density Regulations: be filled This section is to RTICLE Setbacks Max. Bid. Min. Op. Zoning Use Lot Area Front Width Depth Front Side Rear Cover Space District URA Existing Resid. 43,100 123' 300' 50' 60' 210' 3 �° 97 % P ast Present 1JRA Proposed Sane -- -- -- -- -- Mark the appropriate box to indicate the use of the parcel: In home occupation in residential zone. t� on- Conforming Lot and/or Structure. Specify N residential ❑Single Family Unit ❑ Multi- Family ❑ Duplex ❑ Other ❑ Business D Individual ❑ Institutional ❑ Regular ❑ P.U.D. ❑ Subdivision ❑ Cluster ❑ Other ❑ Subdivision with "Approval- Not - Required " - Stamp: ❑ Planning Board Approval: ❑ Zoning Board Approval (Special Per 10.9: Variance) ❑ city Council (Special Exception S. 10.10) No Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑Yes Proposed Required Parking Space Requirements: (Z.O. Sect. 8.1) N A Required Proposed Loading Space Requirements: (Z.O. Sect. 8.2) N/A Signs: (Z.O. Art. VII) ❑Yes ❑ Yes No rt. Envir Perfor mance Standards: (Z.O. Art. XI I) Plot Plan ❑ Yes �Mlhlo (S.10.2) This section for OFFICIAL use only: ❑ Approval as presented: ID Modifications necessary for approval: ❑'Return: (More information needed) Denial: Reasons: fj f9 A Site Plan ❑ Yes dNo (S. 10.2 and 10.11 Date O Waiver Granted_ _ _ w w Signature of Admin. Officer Date Name of Applicant Address Application Nu'l ber: ADE TO THE CITY OF NORTHAMPTON ZONING E3UAMU Ur MrrC-r+L 3. Applicant is: ls4ner; []Contract Purchaser; [Lessee; []Tenant in Possession. 4. Application is made for: VARIANCE from the provisions of Section page - of the Zoning Ordinance of the City of Northampton. u `SPECIAL PERMIT under the provisions of Section page =—� —of the Zoning Ordinance of the City of Northampton. ❑OTHER: 5. Location of Property 5, cue tc�c�S being situated on the 5a"n side of '2J;_7-Wq C6 Street and shown on the Assessors' Maps, Sheet N Parcel(s). 6. Zone v ^A 7. Description of proposed work and/or 8. (a) Sketch plan attached; ❑Yes C40 (b) Site plan: ❑ Attched 91ot Required 9. Set forth reasons upon which application is based: F- 21 - 7151 M "� t,Jotk.o 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to the best of my knowledge. Date r l` I A pplicant's Signature 2. Owner of Property � Address �� �1 i 11. List,of Abutters:, 1. t�E� --Zr4 2. 3. CJJQ Assessor's Map Address _ Sheet No. Pa '-15��_ LC=z�:DS 64w4ei- Sctk�oL- k c- 6 4. WiLLOm Qn�g�rtE LjV,-AZ. 1 ,� z ' -5T (I C 65' 5. i Ani d L�c,��S �1 f S it W I Akcg R L --Lo .S t C- b`j' 12. 13. 14. 15 16 17 18 19 20._ 22._ 7. I��cNr46 k SOMKK EMMF -1 r &S ��- c T - jz� 8. 6E)CtOLDt CEC,,.� 61� - 73 f,A. 31 s. &Y, -ZQvgNN, CL��K I Akcg lob 7j 1o. WILL4AA's" 4 6kk ' � - M yI -;T 10 - P Zy UNDA 23. 24. 25. 26. 27. 28. 29 30. (Attach additional sheets, if necessary)