29-542 10. It shall produce no noise, obnoxious odors,vibrations,glare,fumes or electrical interference
which would be detectable to normal sensory perception beyond the lot line.
11. The portion of any structure utilized for a Home Occupation shall conform to all applicable
Fire, Building, Electrical, Plumbing and Health codes.
12. Prior to the commencement of any Home Occupation, a Certificate of Occupancy must be
received from the Building Commissioner for any structure,or portion thereof,used for said
occupation.
13. All Special Permits for Home Occupation mustbe renewed once,immediately following the
first year of operation. Said renewal process shall follow the same procedures as an original
Special Permit submission.
14. All Special Permits for Home Occupations are Non-Transferable and are specifically issued
to a specific applicant for a specific Home Occupation.
15. To allow those occupations(defined here as Home Office-Occupation)which require work
space but do not involve sales of goods stored on the premises nor seeing any clients in the
home, and which do not impact on a neighborhood(such as writers, researchers, and home
offices for consultants who generally practice their trade at the client's place of business), a
Home Occupation will be permitted as-of-right if the applicant complies with the following
conditions, in addition to criteria above:
A. The Home Office-Occupation may be conducted only by bona-fide residents of the
home; and
B. No clients or customers may be seen in the house or accessory structures for business
purposes, except for those business purposes that are clearly incidental to the
business when no services for fee or sales are being conducted during the visit, and
then no more than one visit per day; and
C. No signs are permitted for the Home Office-Occupation; and
D. No goods may be sold from the premises nor may there be any sale of goods stored
on premises, either retail or wholesale and no goods may be displayed on premises;
and
E. No outdoor storage of materials is allowed.
F. Home Office-Occupations may only be those allowed in the definition of Home
Occupation (§2.1).
(Amended 12/7/1989, 4/16/1992 and 10/6/1994)
07/16/01 10-24
•
Jonathan E.Kapsten
S3 Indian Hill
Florence,M.4 01062
Section 10.12 Home Occupation Special Permit Criteria.All Home Occupations(as defined in§2. 1)
and Special Permits issued for Home Occupations shall comply with the following:
1. It must be clearly incidental and secondary to the use of the building or property for
residential/dwelling purposes. A. The proposed business meets this criteria.
2. It must be conducted by the principal practitioner who occupies the main building as his/her bona-
fide residence,with no more than one other person engaged in the occupation except members of
the immediate family also residing in such building.
A. The proposed business meets this criteria.
3 . It must not occupy more than 40%of the gross combined floor area of the main building,and the
accessory structure(if such accessory structure is utilized for said home occupation). A. The
proposed business meets this criteria.
4. One sign may be displayed advertising the Home Occupation provided:
A. It does not exceed one(1) square foot in area;and
B, It is attached to the structure next to or on the entryway for said Home Occupation;and
C. It is not illuminated.
A. Any future sign will meet these criteria.
5. Goods may only be offered for sale from the premises if the Zoning Board of Appeals expressly
permits it in the issued Special Permit.
A. This is not a retail sales business.
6. All goods sold must be produced or manufactured on the premises.
A. N/A
7. The hours of operation shall be expressly stated in the Special Permit issued by the Zoning Board of
Appeals. A. The requested hours for operation are 9am to 7 pm.
8. The hours and frequency of deliveries of products and/or materials shall be expressly stated in the
Special Permit issued by the Zoning Board of Appeals.
A. No special deliveries of materials are required. Any business related deliveries
such as for supplies are infrequent and will occur through the regular mail
services at their normal hours of operation.
9. If said Home Occupation takes place in an accessory structure: A. N/A
A. Constructed prior to the date of the adoption of the Ordinance, than said structure must
conform to the setback requirements for accessory structures in that District.
B. Constructed after the date of the adoption of this Ordinance, than said structure must
conform to the setbacks requirements for a principal structure in that District.
07/16/01 10-23
i
R
04 -2002-0036
APPLICANT/CONTACT PER 3ON KAPSTEN JONATHAN
ADDRESS/PHONE 53 INDIAN HILL (413)587-0703 0
PROPERTY LOCATION 53 IT IDIAN HILL
MAP 29 PARCEL 542 001 ZONE URA
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OU
Fee Paid
Building Permit Filled out
Fee Paid
!ypeof Construction: HOME C FF/OCC REG-ACUPUNCTURE TREATMENTS
New Construction
Non Structural interior re iovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFORMATION PRE5�ENTE
Approved ,/Denied
PLANNING BOARD P RMIT REQUIRED UNDER: §
Intermediate Project: Site Plan OR Special Permit and Site Plan
Major Project: Site Plan OR Special Permit and Site Plan
ZONING BOARD PE IT REQUIRED UNDER: §�
Finding Special Permit ,/ Variance*
Received&Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from D 1W Water Availability Sewer Availability
Septic Approval I loard of Health Well Water Potability Board of Health
Permit from Con ervation Commission Permit from CB Architecture Committee
Permit from Elm Street C ission
D
Signature of Buildinofficial Date
Note: Issuance of a Zoning per it does not relieve a applicant's burden to comply with all Zoning
requirements and obtain all rec uired permits from Board of Health,Conservation Commission,Department
of public works and other applicable permit granting authorities.
*Variances are granted only to tf ose applicants who meet the strict standards of MGL 40A.Contact the Office of
Planning&Development for mo information.
•
•
/ f
10. Do any signs ebst on the property? YES NO y
IF YES,describe size,type and location:
Are there any proposed changes to or additions of signs intended for the property?YES NO V
IF YES,describe size,type and location:
II. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO
LACK OF INFORMATION.
This —'W= to be fi2Sed in
by the BtdJAL=q Department
Required I
Existing Proposed By Zoning
Lot size
Frontage
Setbacks
- side L• R: L: R:
- rear
Building height
Bldg Square footage
%Open Space:
(Lot area minus bldg
&paired parking)
# of �Parking spaces
f of Loading Docks
Fill:
{vol-ume--& location)
13 . Certification: I hereby certify that the information contained herein
is true and accurate to the best Of my knowledge.
DA'Z'E: ( APPLICANT's SIGNATURE ,n"
NOTE: imaunnoe of a zoning permit does not relieve applioant's burden to oomply svltia .all
zoning requirements and obtain all required permits rom the Board of Health. Conservation
Commission, Department of Publio Works and other applionbla perms it granting authorities.
FILE if
File No.11110-o ? 'V(,o
ZONXNG PERMIT APPLICATION (f10 . 2)
PLEASE TYPE OR PRINT ALL INFORMAT.ZON
1. Name of Applicant: --i� Iqa-4-24 F �7�e
Address: Sr-� /i rrCtn // P c 4 Telephone:
o fo62_
2. Owner of Property: it i� 20
Address: -F3�—/i4 c Af a cc- Telephone: 41/ 3 5-9( /-{7-3
3. Status of Applicant: Owner Contract Purchaser ✓Lessee
Other(explain):
4. Job Location:
Parcel Id: Zoning M p# C7 7 Parcel# District(s);��� ,
(TO BEIFILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structur /PropertyPlea�
6. Descripti n of Propose Use/Work/Project/Occupation: (Use additional sheets if necessary):
IL rd"W OCICICIAO&X417 (.emu on
7. Attached Plans: Sketch Plan Site Plan Engineered/Surveyed Plans
Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files.
8. Has a Special PermitA/ dance/Finding ever been issued for/on the site?
NO DON'T KNOW ✓ YES IF YES,date issued:
IF YES: Was the permt recorded at the Registry of Deeds?
NO I ONT KNOW YES
IF YES: enter Bo k Page and/or Document#
9. Does the site contain a t rook, body of water or wetlands? NO_� DON'T KNOW YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtainec Obtained ,date issued:
(FORM CONTINUES ON OTHER SIDE)
,,t
a.F,:
n ,:;
F. Explain why the requested use will:
not unduly impair the integrity or character of the district or adjoining
zones: ,A1 Ca f /,o P-dvtcle l in -1 e A10 F X71i11 a
coo n �GZrvL�a�
not be detrimental to the health, morals or general welfare:
be in harmony with the general purpose and intent of the Ordinance:
a.., a.d r/F
G. Explain how the requested use will promote City planning objectives to the extent possible and
will not adversely effect those objectives, defined in City master study plans adopted under
M.G.L./Chapter 411, Section 81-C and 4011117r D.
iJ 40? 4011117r iu/fnfl/ 1%."W/407 0 f/X7T//1fJ�C
9. I certify that the information contained herein is true and accurate to the best of my knowledge.I(or
the landowner if I am not the landowner)grant the Zoning Board of Appeals permission to enter the
property to review this application.
Date:/o /6 a/ Applicants Signature:
Date: /o /Clb! Owner's Signature:
(If not the same as applica t's)
6
C. How will the proposed use promote a harmonious relationship of structures and open spaces to:
the natural landscape: 0 no 421a &d
to existing buildings:
other community assets in the area:
D. What measures are being taken that show the use will not overload the City's resources,
including:
water supply and distribution system: n �4 : die u2� o�Gh
sanitary sewage and storm water collection and treatment systems:
fire protection, streets and schools:
How will the proposed project mitigate any adverse impacts on the City's resources, as listed
above?
E. List the section(s)of the Zoning Ordinance that states what special regulations are required for
the proposed project (Accessory apartment,home occupation, accessory structure, etc.)
/1 0/le 0cCY:P4/-7 o/1
How does the project meet the special requirements? (Use additional sheets if
necessary)? ,/��� / ba.1 In E,P/ f'f�'rA r ii) `i or e k-L "Jt7
5
8. Special Permit Approval Criteria. If any permit criteria does not apply, explain why.
A. How will the requested use protect adjoining premises against seriously detrimental
uses? a.tler cc/zr'e iJ P-/OVICI& 111414(e flrC(-'rJC - Na 0 ,-j,c(r-
e�vlydnr,.ntRJ cNDi+9f1 dl 1t/vctLdZL( r-AOVrj Zt
How will the project provide for:
surface water drainage:
sound and sight buffers:
the preservation of views,light and air:
B. How will the requested use promote the convenience and safety of pedestrian movement within
the site and on adjacent streets? / / //
41A �s 6AXni/I QOfJ mod+- ri+�►RC�fGY['J�RUA.�i'r./L
How will the project minimize traffic impacts on the streets and roads in the
area? S/n4lP na h&,4 -6lZaYY7[ief7 W/�( �,r/!�r rLI c7n� /n�¢'�+e 41
�-►
Where is the location of driveway openings in/relation to traffic and adjacent streets?
?he QrtdFG✓tr✓ /s � d.l a Cu�-C[t-SG.0
What features have been incorporated into the design to allow for:
access by emergency vehicles: A4 cho rrr i,
the safe and convenient arrangement of parking and loading spaces
On r�c RCLII""t /U a va r/a�v 4
provisions for persons with disabilities: ,�arr/ �, vik S*7(rS-, no
4
CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS APPLICATION FOR:
Zt
f
1 3TY[1C Of PrO�eC # af7��ac
��� � ����,�Historxcal�AssociataonlSociety�e a ,,� �•
�{��'��3et� �� � i�� ,�•.,13 L,a'6'� �jFASg�, '�.ry 3 � � � �� A" �� �
gA �� �....
y AttachmccessoryStructurefo�rrn� g u�din
�t
�''�
2� � � �� Permit as req�ieste der on�ng°Ordinance Secrion��� � �.��Pg � ~�� � �
3. Applicant's Name:
Address: 4ence, M.l of 0 62
Telephone: yj a-j�.2- o 7o 3
4. Parcel Identification: Zoning Map# .2 9 Parcel# sy2 Zoning District:��
Street Address: ,-3 A41-1 IWA oio 62
Property Recorded at the Registry of Deeds:
County:_ r4 Book: 3 `7 Page: 9J
5. Status of Applicant: Owner; _ Contract Purchaser; ✓Lessee
Other (explain)
6. Property Owner: 7enrrc. A(-zCO) 9
Address: ,ffZ-mZr,„ // /�nncp./'1.4 Telephone: y/3- f8y -/-s73
Oro62
7. Describe Proposed Work/Project (Use additional sheets if necessary):
rp y/dam 4l G�G[nG1tc/�e �1`E'Lt t`r'7 P/17�5
Z ?co V1,We /i1 lNuCn0.4 /;1 Gtr gong
Has the following information been included in the application?
Site/Plot Plan List of requested waivers fee ($150.00)
Signed dated and denied Zoning Permit Application
3
� E C E 0 V E
City of Northampton, Massachusetts !,A ' pr��
Office of Planning and Development U OCT 2 4t 2001
City Hall • 210 Main Street
Northampton,MA 01060 - (413) 586-6950
FAX(413) 586-3726 4 nH-AMPT+NC�NSPECTIO
"ef�RTt{AR1�QN,
• Community and Economic Development
• Conservation •Historic Preservation
• Planning Board•Zoning Board of Appeals
• Northampton Parking Commission
TO: Anthony Patillo, Building Inspector
RE: Permit application
FROM: Angela. Dion, Board Secretary/OPD
DATE:
Would you please review and return the
enclosed application - ><<z�.� � � �
before the Planning Boar /Zoning Board of
Appea meeting scheduled for Zz)-Iso
that we can advise the Boards of any
concerns you may have.
Thank you.
1�
Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Special Permit,
or any extension, modification or renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have elapsed after the decision has
been filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in
the Hampshire County registry of Deeds or Land Court, as applicable and indexed under the
name of the owner of record or is recorded and noted on the owner's certificate of title. The fee
for such recording or registering shall be paid by the owner or applicant. It is the owner or
applicant's responsibility to pick up the certified decision from the City Clerk and record it at the
Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a Special Permit has been
GRANTED and that copies of this decision and all plans referred to in it have been filed with the
Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that
this decision is filed with the Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A,
Section 17, with the Hampshire County Superior Court or the Northampton District Court and
notice of said appeal filed with the City Clerk within twenty days (20) of the date that this
decision was filed with the City Clerk.
Applicant: Jonathan Kapsten, M.D. Lie. Ac., 53 Indian Hill
DECISION DATE: November 8, 2001
DECISION FILED WITH THE CITY CLERK: November 15, 2001
r
10. The Home Occupation shall produce no noise, obnoxious odors, vibrations, glare, fumes
or electrical interference, which would be detectable to normal sensory perception
beyond the lot line.
11. The portion of the structure utilized for the Home Occupation conforms to all applicable
Fire, Building, Electrical, Plumbing and Health Codes.
12. Prior to the commencement of any Home Occupation, a Certificate of Occupancy must
be received from the Building Commissioner for any structure, or portion thereof, used
for said occupation.
12. This Special Permit for a Home Occupation shall be renewed as required one year from
the date that the occupation commenced. Said renewal process shall follow the same
procedures as an original Special Permit submission.
13. This Special Permit is issued to Jonathan Kapsten, M.D., Lie. Ac. for a Home Occupation
to provide acupuncture treatments and to offer instruction in gi gong at 53 Indian,
Florence, and is non-transferable.
4
•
ATTACHMENT A
HOME OCCUPATION SPECIAL PERMIT FOR:
Jonathan Kapsten —53 Indian Hill, Florence, MA
In Granting the Special Permit, the Zoning Board of Appeals found that the requested use
meets all special regulations set forth in the Zoning Ordinance, specifically Section 10.12 -
Home Occupation Special Permit Criteria.
In making this decision, the Zoning Board of Appeals found:
1. The use is clearly incidental and secondary to the use of the building or property for
residential/dwelling purposes.
2. The work will be conducted by the principal practitioner who occupies the main building
as his bonafide residence, with no more than one other person engaged in the occupation
except members of the immediate family also residing in such building.
3. The use does not occupy more than forty(40%) percent of the gross floor area of the
main building.
4. One sign may be displayed advertising the Home Occupation provided:
A. it does not exceed one (1) square foot in area; and
B. it is attached to the structure next to or on the entryway for said Home
Occupation; and
C. it is not illuminated.
5. There will be no goods sold on the premises.
6. There will be no goods produced or manufactured on the premises.
7. The hours of operation shall be from 9 A.M. to 4 P.M., Monday through Friday and 6:00
P.M to 9:00 P.M. on Wednesdays, and shall allow only one client per hour for
acupuncture treatment. A maximum of three persons at one time may be seen for gi gong
instruction on Wednesday evenings.
8. There will be no special deliveries or products or materials to the premises.
9. The Home Occupation will not take place in an accessory structure.
3
evening, which will allow no more than three persons at one time for gi gong instruction.
In addition, the driveway is located off of a cul-de-sac.
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
because there will be no change to the exterior of the building in which the occupation
will be conducted.
D. The requested use will not overload or have any adverse impacts on the City's resources.
E. The requested use meets the special regulations set forth under Section 10.12 of the
Zoning Ordinance for Home Occupations (See Attachment A for criteria).
F. The requested use bears a positive relationship to the public convenience and welfare.
The Home Occupation 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 is
in harmony with the general purpose and intent of the Ordinance.
G. The requested use will promote City planning objectives to the extent possible by
allowing a resident to work at home.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11, I,Angela Dion, Board Secretary, hereby
certify that I caused copies of this decision to be mailed, postage-prepaid, to the applicant
and owner on November 15, 2001.
2
0
v T PLANNING AND D-E ELOP-MEN T' • CI TI Y OF N ORF A MP'TON
City Ha(I• 21 o Main Street,Room i i - Dortbampton,MA o i o6o-3198 • (q 13)587-1266 • Pax:587-1261
Wa��ne Peiclen, Director ir(I.3nt iirrg @nort,7ami)toniifanriinq.o}-g wwrv.nortbaniptOH pia nnim or�
QE?,oi4 �ryG� .`MAPQ 004S
DECISION OF �''
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: Jonathan Kapsten,M.D., Lic. Ac.
ADDRESS: 53 Indian Hill
Florence, MA 01062
OWNER: Denise Herzog
ADDRESS: 55 Indian Hill
Florence, MA 01062
RE LAND OR BUILDINGS IN NORTHAMPT L
MAP AND PARCEL NUMBERS: MAP
PROPERTY RECORDED IN THE HAMPSHIRE COUNTY REGISTRY OF DEEDS IN
BOOK 3936, PAGE 78.
At a meeting conducted on November 8, 2001, the Northampton Zoning Board of Appeals voted
3.:Q.ta GRANT the request of Jonathan Kapste 'ECIAL PERMIT under the provisions
of Sections 10.12 of the Northampton Zoning Ordinance to provide Acup-apt e.iareatments:and
provide instructions in gi gong as a Home Occupation at 53 IndiaiHill,Florence.
Zoning Board Members present and voting were: Mark Nejame,Bob Riddle and Associate
Member Sara Northrup.
In Granting the Special Permit, the Zoning Board of Appeals found:
A. The requested use for a Home Occupation protects adjoining premises against seriously
detrimental uses because client care is provided inside the premises. No environmental
changes or structural changes will be made.
B. The requested use will promote the convenience and safety of vehicular and pedestrian
movement within the site and on adjacent streets and minimize traffic impacts on the
streets and roads in the area because only one client per hour will be allowed during
business hours for acupuncture (see Attachment A), with the exception of Wednesday
planning board•conservation commission •zoning board of appeal's •housing partnersbip • redevelopment authority) -northampton GIS
economicdeve[opment -communit�ideve[opment - historic district commission -h istoricafcommission-centraIbusinessambitecture
originaiprolwJonrec,cWpaper