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32C-213 (4) CITY OF NORTHAMPTON $ ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 01060 s DATE: MAY 17 1990 RE: THE APPLICATION OF SHEL HOROWITZ AND DEBORAH C. FRIEDMAN FOR A SPECIAL PERMIT TO ALLOW A HOME OCCUPATION AT 39 HOLYOKE STREET, NORTHAMPTON. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15, notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk on the above date GRANTING the Special Permit. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. C I Robert C. Buscher, Chairman �SNAM?T CITY OF NORTHAMPTON ZONING BOARD OF APPEALS NORTHAMPTON, MASSACHUSETTS 01060 DATE: RA AY 17199 Certificate of Granting of Variance or Special Permit (General Laws, Chapter 40A, Section 11) THE ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON HEREBY CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BEEN GRANTED: TO: SHEL HOROWITZ AND DEBORAH C. FRIEDMAN ADDRESS: 39 HOLYOKE STREET CITY: NORTHAMPTON, MA 01060 AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO LAND OR BUILDINGS AT: 39 HOLYOKE STREET, NORTHAMPTON. And the said Zoning Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said Variance/Special Permit, and that copies of said decision, and all plans referred to in the decision, have been filed with the City Clerk. The Zoning Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance or 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 in the Office of the City Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the county and district in which the land is located and indexed in the grantor index 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. ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON i By: - - By: Robert C. Buscher, Chairman R. J. Pascucci, Secretary Northampton Zoning Board of Appeals May 2, 1990 Meeting Page One The Northampton Zoning Board of Appeals met at 7:20 p. m. on Wednesday, May 2, 1990 in Council Chambers, Wallace J. Puchalski Municipal Building, Northampton, to conduct a Public Hearing on the Application of Shel Horowitz and Deborah C. Friedman for a Special Permit under the Provisions of Section 11. 11 of the Northampton Zoning Ordinance to allow a Home Occupation (resume writing, editing and typing service) at their dwelling located at 39 Holyoke Street. Present and voting were Chairman Robert C. Buscher, M. Sanford Weil, Jr. and Robert Reckman. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice, Section 11. 11 and a memorandum from the Northampton Planning Board. Mr. Horowitz explained that he has been conducting this operation at his home for the last three years "with no impact on the neighborhood. We are unique, we work by appointment, and traffic is never a problem. " Ch. Buscher was concerned about multiple uses of the driveway (three dwelling units and a business) , and although Mr. Horowitz said "there are never more than five cars a day, " it was agreed that parking should be limited to one parking space designated for customers, to be located immediately in front of the house so as not to encroach on the neighbor's easement. Mr. Weil moved that the public Hearing be closed. Mr. Reckman seconded, and the motion passed unanimously. Mr. Reckman found that the Application met all the criteria of Section 11. 11, and met the Special Permit criteria of Section 10. 10. He added that the hours of business are to be 8 a. m. to 8 p. m. for the public. Mr. Weil concurred. Ch. Buscher concurred also, adding the parking condition outlined above. Mr. Weil moved that the Special Permit be granted with the two conditions above. Mr. Reckman seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman DECISION OF i NORTHAMPTON ZONING BOARD OF APPEALS At a meeting of the Zoning Board of Appeals of the City of Northampton held on May 2, 1990, it was voted unanimously to GRANT the request of Shel Horowitz and Deborah C. Friedman for a Special Permit under the Provisions of Section 11. 11 of the Northampton Zoning Ordinance to allow a Home Occupation (resume writing, editing and typing service) at 39 Holyoke Street. Present and voting were Chairman Robert C. Buscher, Robert Reckman, and M. Sanford Weil, Jr. The Findings were as follows: This home occupation has been carried on at 39 Holyoke Street for the past three years. Business is done by appointment only, and there are never more than five cars a day parking on the premises. All of the criteria, (1) through (14) of Section 11. 11 of the Northampton Zoning Ordinance are met. All of the criteria of Section 10. 10, 3 (a) through 3 (f) are met. THE FOLLOWING CONDITIONS SHALL APPLY: 1. Hours of business are to be Monday through Friday, 8 a. m. to 8 p. m. 2 . Customer parking is to be limited to one parking space designated for customers, to be located immediately in front of the house so as not to encroach on the abutter's easement. 3 . This permit is to be renewed one year from the date of its issuance. - U Robert C. Buscher, Chairman DEPT OF SUIT DING INSPECTIONS NORIHAMpTpN MA 0106U Robert Reckman ..--'-Z / M. Sanf rd Weil, Jr.