23A-056 (4) Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2010 -0018 Date: February 17, 2010
Bob Riddle voles to Deny
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Malcolm B.E. Smith Bob Riddle 2 - 1 Denied
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
Administrator and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above.
I certify that a copy of this decision has been mailed to the Owner and Applicant.
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The appeal period for residential findings granted by the Zoning Board of Appeals Zoning Administrator are thirty (30) days from the date
of the decision. All appeals are heard by the full Zoning Board of Appeals.
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Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2010 -0018 Date: February 17, 2010 FEB 1 8 2010
APPLICATION TYPE SUBMISSION DATE:
Commercial Finding 12/15/2009
.
Applicant's Name: Owner's Name:
NAME: NAME.
Guy Pettit RICE E MILTON & ELIZABETH A
ADDRESS: ADDRESS:
104 South St., Apt. 2R P O BOX 24
TOWN STATE: ZIP CODE: TOWN. 'STATE ZIP CODE
NORTHAMPTON MA 01060 WILLIAMSBURG MA 01096
PHONE NO.. FAX NO.. PHONE NO.: FAX NO.
(413) 268 -3283 0
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: ' SITE ZONING. COMPANY NAME:
,,',,'' „; .1,. ;;�, URB(1001/
- r • N: ACTION TAKEN: ADDRESS
FLORENCE MA 01062 Denied
MAP: 01- pc1S LOT: MAP DATE SECTION OF BYLAW:
1
40. 001 Chapt. 350 -9.3 (1) (D): Pre - existing TOWN: STATE ZIP CODE_
"Book: Page: Nonconforming Structures or Uses May be
1924 210 Changed, Extended or Altered with a PHONE NO.: FAX NO..
Finding from the Zoning Board of Appeals.
EMAIL ADDRESS:
NATURE OF PROPOSED WORK
Grandfather bldg. As preexisting nonconforming mixed use.
HARDSHIP:
CONDITION OF APPROVAL
F INDINGS'
The Zoning Board of Appeals voted 2 -Ito deny the request for the Finding.
The Findings of the Board under Section 9.3 for the change from a non - conforming commercial use were as follows:
The Zoning Board of Appeals could not find that the change would not be substantially more detrimental to the neighborhood than the
existing nonconforming use.
The Board denied the request of the Finding by the applicant based on a preponderance of evidence at the hearing from the abutters that
the pre- existing commercial uses had been extinguished and thus an expansion of the use as requested would constitute a new non-
conforming use.
The Board heard testimony from many abutters who had never seen any activity in the ground floor space which had been identified by
the applicant as the former "hobby shop" /retail space.
Further, the current owner of the space could not supply to the satisfaction of the board any financial records, tax records or other to
show that a business was in operation at the site. The Board heard from the owner that no inventory had been purchased since 2004 and
that items were only sold. Copies of receipts submitted from EBAY showed an account at an off -site address and could not definitively
indicate that the actual business was operational at the subject site.
COULD NOT DEROGATE BECAUSE.
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE. DECISION DRAFT BY APPEAL DATE:
12/15/2009 1/9/2010 2/11/2010 2/25/2010
REFERRALS IN DATE HEARING DEADLINE DATE: HEARING CLOSE DATE. FINAL SIGNING BY APPEAL DEADLINE
1/2/2010 2/18/2010 2/11/2010 2/25/2010 3/9/2010
FIRST ADVERTISING DATE: HEARING DATE VOTING DATE: DECISION DATE:
12/31/2009 1/14/2010 2/11/2010 2/17/2010
SECOND ADVERTISING DATE HEARING TIME VOTING DEADLINE: DECISION DEADLINE
1/7/2010 2/25/2010 3/25/2010
MEMBERS PRESENT: VOTE:
Malcolm B.E. Smith votes to Deny
David Bloomberg votes to Grant
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