ZBA Decision
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2019-0007Date: December 19, 2018
APPLICATION TYPE:SUBMISSION DATE:
Special Permit10/10/2018
Applicant's Name:Owner's Name:
NAME: NAME:
Thuy NguyenNGUYEN THUY
ADDRESS:ADDRESS:
293 Elm St.293 ELM ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPT0NMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
(405) 834-8264 ()
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
293 ELM ST
URB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Denied
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
31A007001
Chpt. 350- 10.12: Home Occupation Special
TOWN:STATE:ZIP CODE:
Permit Criteria
Book:Page:
3960005
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
AT HOME BUSINESS SELLING LOCAL ART
HARDSHIP:
CONDITION OF APPROVAL:
FINDINGS:
The Zoning Board of Appeals voted unanimously to deny the application for home business based on the information in the application
and the presentation by the applicant at the hearing.
In its deliberations, the Board noted that it had limited authority to grant permits for aspects of home business that are not delineated in
the ordinance. Further, the Board discussed that there is no authority to grant retail sales, expounding that such a grant would be
tantamount to spot zoning.
The Board made its decision upon determining the application did not meet the criteria of Home Business as defined in Chapter 350-2.1.
Specifically,
"The following occupations are not considered home businesses if clients will be seen in the home, ....:any traditional medical/dental
practice, veterinary hospital, restaurant, retail or wholesale supply shop or store, or any mortuary".
The applicant's request to sell works of art created off site by others who do not reside on the premises were determined to be retail
sales and contrary to the zoning ordinance:
"No goods, except for those created in the home or those sold by Internet, telephone or electronic transactions, may be sold from the
premises."
The board also was presented with statements from an abutter, who raised concerns about the impact retail sales in a residential district
might have on property values and quality of life for her as well as others' in the neighborhood.
The Board concluded and confirmed that to the extent that retail sales of items not made on site by the homeowner is being requested,
the Board could not approve the special permit. However, the applicant could conduct some aspects of the desired home business if in
compliance with the by-right standards of the zoning ordinance under the definitions section: 350-2.1.
COULD NOT DEROGATE BECAUSE:
GeoTMS® 2018 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - DecisionCity of Northampton
Hearing No.:ZBA-2019-0007Date: December 19, 2018
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
11/13/201812/8/201812/20/2018
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
12/1/201812/14/201812/13/201812/27/20181/8/2019
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
11/29/201812/13/201812/13/201812/19/2018
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
12/6/20186:15 PM3/13/20194/17/2019
MEMBERS PRESENT:VOTE:
Maureen Scanlonvotes tono action needed
Elizabeth Silvervotes toDeny
David Bloombergvotes toDeny
Sara Northrupvotes toDeny
Bob Riddlevotes tono action needed
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Sara NorthrupElizabeth Silver3-0Denied
MINUTES OF MEETING:
Available on 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® 2018 Des Lauriers Municipal Solutions, Inc.