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24B-080 56 Bradford Street ZBA Home OccupationZoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2010-0011Date: November 1, 2009 APPLICATION TYPE:SUBMISSION DATE: Special Permit9/30/2009 Applicant's Name:Owner's Name: NAME: NAME: Largey Meg LARGEY MEG & CATHERINE JENNINGS ADDRESS:ADDRESS: 56 Bradford St.56 BRADFORD ST TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPT0NMA01060NORTHAMPTONMA01060 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 56 BRADFORD ST GI(100)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 24B080001 Chpt. 350- 10.12: Home Occupation Special TOWN:STATE:ZIP CODE: Permit Criteria Book:Page: 2686096 PHONE NO.:FAX NO.: EMAIL ADDRESS: NATURE OF PROPOSED WORK: HOME OFF/OCC - MASSAGE THERAPIST/ART STUDIO. Expansion of a pre-existing non-conforming single family use in a residential district and special permit for home occupation. HARDSHIP: CONDITION OF APPROVAL: 1)Hours of business shall be between 9 AM and 10 PM. 2). No sales of goods from premises approved. FINDINGS: The Zoning Board granted the Finding for the expansion of the pre-existing non-conforming residential use and granted the Special Permit for the home occupation based on the information submitted in the application and the Board found that: A. The requested use protects adjoining premises against seriously detrimental uses. Though a non-conforming single-family house, the added office space will not conflict with the adjoining industrial 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, because parking will be available on site and clients will not overlap. . 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. No changes on site will take place. The use will be within an existing detached accessory barn. The surrounding industrially zoned properties could be used more intensely. D. The requested use will not have an effect on city resources as the use represents a modest expansion of a single family house in an area where more intense industrial uses is allowed by right. E. The requested use meets special regulations set forth in the Zoning Ordinance under section 10.12 as specified in the application. No additional conditions as to days of operations our sound concerns were necessary as this is an industrial zone. Hours of operation were only identified based on the client's interest and the requirement to specify hours per special permit criteria in the zoning ordinance. 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. The Board determined that the finding criteria under section 9.3 had been met and that expansion of a residential use to a slightly more intense use is not inconsistent with the commercial and industrial uses in the zone. COULD NOT DEROGATE BECAUSE: GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2010-0011Date: November 1, 2009 FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 9/22/200910/17/200910/29/2009 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 10/10/200912/4/200910/22/200911/5/200911/22/2009 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 10/8/200910/22/200910/22/200911/2/2009 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 10/15/20095:30 PM1/20/20102/24/2010 MEMBERS PRESENT:VOTE: Elizabeth Silvervotes to Malcolm B.E. Smithvotes toGrant David Bloombergvotes toGrant Sara Northrupvotes toGrant Bob Riddlevotes to MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Sara NorthrupMalcolm B.E. Smith3Granted 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® 2009 Des Lauriers Municipal Solutions, Inc. Carolyn Misch From:Aleta DeLisle Sent:Thursday, October 22, 2009 1:32 PM To:Carolyn Misch Subject:FW: Hearing 10/22 Attachments:dshort.vcf -----Original Message----- From: David Short [mailto:dshort@amherstwoodworking.com] Sent: Thursday, October 22, 2009 9:07 AM To: Aleta DeLisle Subject: Hearing 10/22 I support the home occupation request by Meg Largey for Bradford St. 1