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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 • 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. • • • • • GeoTMS® 2009 Des Lauriers Municipal Solutions, Inc. - 1o 5 . - f c�o� 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 • 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.