24B-080 (6) Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2010 -0011 Date: November 1, 2009
FILING DEADLINE. MAILING DATE HEARING CON DATE. DECISION DRAFT BY APPEAL DATE
9/22/2009 10/17/2009 10/29/2009
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
10/10/2009 12/4/2009 10/22/2009 11/5/2009 11/22/2009
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE.
10/8/2009 10/22/2009 10/22/2009 11/2/2009
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
10/15/2009 5:30 PM 1/20/2010 2/24/2010
MEMBERS PRESENT: VOTE:
Elizabeth Silver votes to
Malcolm B.E. Smith votes to Grant
David Bloomberg votes to Grant
Sara Northrup votes to Grant
Bob Riddle votes to
MOTION MADE BY SECONDED BY: VOTE COUNT: DECISION:
Sara Northrup Malcolm B.E. Smith 3 Granted w/ Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development.
1, 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.
1 certify that a copy of this decision has been mailed to the Owner and Applicant.
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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.
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Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2010 -0011 Date: November 1, 2009
APPLICATION TYPE. SUBMISSION DATE:
Special Permit 9/30/2009
Applicant's Name: Owner's Name:
NAME: NAME: _.
Largey Meg LARGEY MEG & CATHERINE JENNINGS
ADDRESS: ADDRESS.
56 Bradford St. 56 BRADFORD ST
TOWN Si Al E. ZIP CODE. TOWN. 5 I ATE 715 CODE
NORTHAMPTON MA 01060 NORTHAMPTON MA 01060
PHONE NO: FAX NO PHONE NO FAX NO
EMAIL ADDRESS EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
56 BR '##0Rt7 Sr GI(100)/
TOWN: ACTION TAKEN: ADDRESS:
NORTHAMPTON MA 01060 Approved w/ Conditions
MAP: BLOCK; VOT. MAP DATE: SECTION OF BYLAW:
248 080 01 Chpt. 350- 10.12: Home Occupation Special TOWN STATE: ZIP CODE:
Book Page Permit Criteria
2686 096 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:
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