25C-144 Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2009 -0016 Date: August 28, 2009
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE.
7/28/2009 8/22/2009 9/3/2009
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE. FINAL SIGNING BY: APPEAL DEADLINE.
8/15/2009 8/28/2009 8/27/2009 9/10/2009 9/17/2009
1-II:S1 ADVERTISING DATL HEARING DATE VOTING DATE. DECISION DATE:
8/13/2009 8/27/2009 8/27/2009 8/28/2009
SECOND ADVERTISING DATE: HEARING TIME VOTING DEADLINE: DECISION DEADLINE
8/20/2009 5:30 PM 11/25/2009 12/30/2009
MEMBERS PRESENT. VOTE
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Elizabeth Silver votes to no action needed
Malcolm B.E. Smith votes to Grant
David Bloomberg votes to Grant
Sara Northrup votes to Grant
Bob Riddle votes to no action needed
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Sara Northrup Malcolm B.E. Smith 3 -0 Granted 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 decisionhas been mailed to the Owner and Applicant.
b luer \rvi
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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GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc.
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Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA- 2009 -0016 Date: August 28, 2009
APPLICATION TYPE SUBMISSION DATE
Special Permit 6/24/2009
Applicant's Name: Owner's Name:
NAME: NAME:
Getoff Sarah GETOFF SARAH B & CHRISTOPHER N SCAN ((fi�r ((��
ADDRESS: ADDRESS: AUG �`0U9
37 Orchard St. 35 ORCHARD ST
TOWN. STATE. ZIP CODE: TOWN: STATE ZIP CODE:
NORTHAMPTON MA 01060 NORTHAMPTON MA 01060
PHONE NO F AX NO PHONE NO FAX NO -
(413) 586 - 3653 ()
EMAIL ADDRESS: EMAIL ADDRESS
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: COMPANY NAME:
t i 3 A $T URB(100)/
"?'• ACTION TAKEN: ADDRESS:
NORTHAMPTON MA 01060 Approved w/ Conditions
MAP: BLOCK: LOT: MAP DATE: SECTION OF BYLAW:
25C f `" '" 001 Chpt. 350- 10.12: Home Occupation Special TOWN: STATE: ZIP CODE:
Book: Page: Permit Criteria
9024 78 PHONE NO.: FAX NO..
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
HOME OFF /OCC - PSYCHOTHERAPY
HARDSHIP:
CONDITION OF APPROVAL:
1) No more than 25 client shall be seen per week.
2). Compact dics proposed for sale in the application shall only be sold to clients who come for
services /consultation or as otherwise allowed for internet sales in the ordinance.
FINDINGS:
The Zoning Board granted the approval based on the information submitted in the application and the Board found that:
A. The requested use protects adjoining premises against seriously detrimental uses. The use of the property will continue as a two -
family house.
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.
D. The requested use will not have an effect on city resources as the two family uses will remain the same. There is ample parking and
the site is walkable from downtown and surrounding neighborhoods.
E. The requested use meets special regulations set forth in the Zoning Ordinance under section 10.12 as specified in the application.
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.
G. The Sustainable Northampton Plan calls for greater mixed use and infill within this portion of the city that is walkable to and between
neighborhoods and city services.
COULD NOT DEROGATE BECAUSE:
GeoTMS® 20D9 Des Lauriers Municipal Solutions, Inc.
Zoning Board of Appeals - Decision City of Northampton
Hearing No.: ZBA 2009 - 0016 Date: August 28, 2009
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
7/28/2009 8/22/2009 9/3/2009
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
8/15/2009 8/28/2009 8/27/2009 • 9/10/2009 9/17/2009
FIRST ADVERTISING DATE. HEARING DATE. VOTING DATE: DECISION DATE:
8/13/2009 8/27/2009 8/27/2009 8/28/2009
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
8/20/2009 5:30 PM 11/25/2009 12/30/2009
MEMBERS PRESENT: VOTE:
Elizabeth Silver votes to no action needed
Malcolm B.E. Smith votes to Grant
David Bloomberg votes to Grant
Sara Northrup votes to Grant
Bob Riddle votes to no action needed
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Sara Northrup Malcolm B.E. Smith 3 - 0 • 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 thatthis,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 130 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.
bl ECE_VEll
AUG 2 8 2009
CITY CLERKS OFFICE
NORTHAMPTON, MA 01060
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September 18, 2009
I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above Decision
of the Northampton Zoning Board of Appeals was filed in the Office of the City Clerk on
August 28, 2009, that twenty days have elapsed since s ch filing and that no appeal has been
filed in this matter.
Attest: "'WI/
City Clerk G
City of Northampton
GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. ,,00
ATTEST: Z. AMPSHT_RE, cam, C�( �; ,REGISTER
MARIANNE T, nnrmHrrI
Zoning Board of Appeals - Decision City of Northampton H II I I II 000
Hearing No.: ZBA- 2009 -0016 Date: August 28, 2009 2009 00024024
Bk: 9977Pg: 199 Page: 1 of 2
APPLICATION TYPE: SUBMISSION DATE: Recorded: 09/29/2009 09:23 AM
Special Permit 6/24/2009
Applicant's Name: Owner's Name:
NAME: NAME:
Getoff Sarah GETOFF SARAH B & CHRISTOPHER N SCAN ! 0 nJ
ADDRESS: ADDRESS:
37 Orchard St. 35 ORCHARD ST
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
NORTHAMPTON MA 01060 NORTHAMPTON MA 01060 r , -- 1
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
(413) 586 - 3653 0
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information: Surveyor's Name:
STREET NO.: SITE ZONING: - - - COMPANY NAME:
35 ORCHARD ST URB(100)/
TOWN: ACTION TAKEN: ADDRESS:
NORTHAMPTON MA 01060 Approved w/ Conditions
MAP: BLOCK: LOT: MAP DATE: SECTION OF BYLAW:
25C 144 001 Chpt 350- 10.12: Home Occupation Special TOWN: STATE: ZIP CODE:
Book: Page: Permit Criteria
9024 78 PHONE NO.: FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK: •
HOME OFF /OCC - PSYCHOTHERAPY
HARDSHIP:
CONDITION OF APPROVAL:
1) No more than 25 client shall be seen per week.
2). Compact dics proposed for sale in the application shall only be sold to clients who come for
services /consultation or as otherwise allowed for internet sales in the ordinance.
FINDINGS:
The Zoning Board granted the approval based on the information submitted in the application and the Board found that:
A. The requested use protects adjoining premises against seriously detrimental uses. The use of the property will continue as a two -
family house.
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.
D. The requested use will not have an effect on city resources as the two family uses will remain the same. There is ample parking and
the site is walkable from downtown and surrounding neighborhoods.
E. The requested use meets special regulations set forth in the Zoning Ordinance under section 10.12 as specified in the application.
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.
G. The Sustainable Northampton Plan calls for greater mixed use and infill within this portion of the city that is walkable to and between
neighborhoods and city services.
COULD NOT DEROGATE BECAUSE:
GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc.
File # MP- 2009 -0100
APPLICANT /CONTACT PERSON GETOFF SARAH B & CHRISTOPHER N SCANLON & MARY GETOFF
ADDRESS /PHONE 35 ORCHARD ST (413) 586 -3653 0
PI
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ING FORM .1 OUT
Building Permit Filled out
Fee Paid
Tvpeof Construction: HOME OFF /OCC - PSYCHOTHERAPY
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/ Statement or License
3 sets of Plans / Plot Plan
THE FO LOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFO ATION PRESENTED:
Approved Additional permits required (see below)
PLANNING BOARD PERMIT REQUIRED UNDER : §
Intermediate Project : Site Plan AND /OR Special Permit with Site Plan
Major Project: Site Plan AND /OR Special Permit with Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: §
Finding Special Permit Variance*
Received & Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street Co ,i ion Permit DPW Storm Water Management
/O J _
Signature of Building Official Date
Notc: Issuance of a Zo. permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health, Conservation Commission, Department
of public works and other applicable permit granting authorities.
* Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning & Development for more information.