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29-059 (7) r Y olf-NORTHAMPTON OFFICE of PLANNING and'DEVELOPMENT MEMORANDUM TO: `'rank Sienkiewicz, Building Commissioner FROM: Paulette L. Kuzdeba, Senior Planner SUBJECT: Richard Booth - Clarification of ZBA's Instructions DATE: 27 December 1993 FILE: 62 Gilrain Terrace - Violation of Zoning Ordinance In response to your request to the Zoning Board of Appeals, for clarification of the type of kitchen equipment to be removed from the above mentioned site, the Zoning Board of Appeals has stated the following: Kitchen equipment to be removed from 62 Gilrain Terrace Is as follows: , a. Stove, and b. Refrigerator If Mr. Booth wishes to legalize the existence of the "apartment", there is an option under the Zoning Ordinance which includes filing for a Special Permit for an Accessory Apartment. If he chooses Co take this route, he must file a complete application with the Office of Planning & Development. If you have questions, please contact me at extension 287. Vr'v Gf/c 7l VP X07 - p va �i Mss 0a Pv Cape z,-A, ry �,� ZO ,� a `..«. n_ y�9► �'}$ s I. O�(ttAAf p1O o� (riff of X0z#llampt011 z 1 � �laasach»actta DEPARTMENT OF BUILDUNG INSPECTIONS INSPECTOR 212 Main Street ' Municipal Buildin Frank X. Sienkiewicz Northampton, Mass. 01060 JAN 2 5 VW DEPT OF P! IMPECTIONS NIA 0 G60 December 27, 1993 Richard Booth 62 Gilrain Terrace Florence, MA 01060 Dear Mr. Booth, Attached is a copy of the Zoning Board of Appeals instructions pertaining to specific kitchen equipment that is to be removed from our basement at Please notify this office as soon as this is one so that we can visit the premises and verify that you you have complied with the zoning requirements. Thank you for your co-operation. � /�'ie►r./� Frank X. iewicz Bu".lding Commissioner /hk si c,v k ie cyIc Z je lo D[AY �pe ter �R l'o•�p�Y� o F '74r ZGAI l �/Q�/IvA NC�' J Wr 1No G��I ,���• T AVe w TWA T 71.0 AA �,e `j�5 T y0►v X.,9�r r �P^/, ��Br le O.v /V ee-v 6 U do �ri�/P/9 7&!�I,^ we P (�P4�°�1* Q �jQ/!Y�/ Teer A4 �Ar< �e_c.,r Trr'oflsTd/ Vic/, iz�o� Aiv� lti Tiro 6#5c-,5 7ert W4$ �+s- Z7-1 P•�• ♦wc lx, Lvl►�c i Ili t-0, Apo-771 s T•�-v % f)OPA14_10� q►v i j 7`0 f /3 � y /10; 0 1 7 Po p�P �;itiivj /.v 401 Ac72 haasev t*172 ale�Cr�•�•�, Ve►1 e- 1kPA1r1, :P HALFWAY HOUSE or COMMUNITY RESIDENCE: A building containing sleeping rooms, common rooms, dining rooms, and accessory facilities intended exclusively for the use of participants of a program of rehabilitation of individuals prior to their complete reentry into normal society, which program is formally recognized by an agency of the Commonwealth. One or more individuals responsible for the operation of a halfway house shall be resident therein, and facilities for such resident director and his family shall be provided. HEAVY PUBLIC USE: Any building, structure, or use of land, whether such use is conducted on public property or not, by an agency (if not already exempt from local zoning) of o a city or town other than the City of Northampton, o a county, o the commonwealth, o the United States, and any of the following specific uses conducted by the City of Northampton: truck or equipment storage garage or yard;vehicle repair garage; sewage treatment or water treatment plant; incinerator; sanitary landfill; or waste recycling plant; or any privately owned and/or operated sanitary landfill; dump; incinerator; or water or sewage treatment facility; or sewage lift station. (Amended 7/19/90) HEIGHT: The vertical distance from the average finished grade of the adjacent ground to the top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof, or the mean level of the highest gable or slope of a hip roof. (see diagram#2, at the end of this section) HOME OCCUPATION: A vocation, trade, small business, craft, art or profession which can be conducted in entirety within the main (principal) or accessory building of a property by a bonafide resident of that main building and which, by nature of its limited size and scope, does not cause any outward manifestation(such as traffic generation, parking congestion, noise or air pollution, materials storage, and public service or utility demand)which is uncharacteristic of or an additional disturbance to the residential neighborhood in which said property is located. The following occupations are excluded if clients will be seen in the home, although other uses may be excluded on a case-by-case basis: Any clinic, veterinary hospital, restaurant, retail or wholesale supply shop or store, mortuary, medical doctor(MD, DO,DPM or equivalent), dentist(DDS,DMD or equivalent), chiropractor, lawyer, real estate or insurance agent. (See §11.11 for additional criteria.) (Amended 12/7/89 and 10/6/94) HOSPITAL: A use providing 24-hour emergency room services, outpatient services, and 24-hour impatient services for persons admitted thereto for the diagnosis, medical, surgical or restorative treatment including accessory uses that serve the hospital's needs, including, but not limited to, cafeteria and pharmacy. A hospital does not include nursing home, assisted living residence, or non- hospital medical center or medical office. (Amended 4/18/96) HOSPITAL,VETERINARY: A building providing for the diagnosis and treatment of ailments of animals other than human, including facilities for overnight care,but not including crematory facilities. April 23, 1996 2-8 ' v . 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 4/16/92 and 10/6/94) t March 25, 1996 11-21 8 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. 6. All goods sold must be produced or manufactured on the premises. 7. The hours of operation shall be expressly stated in the Special Permit issued by the Zoning Board of Appeals. 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. 9. If said Home Occupation takes place in an accessory structure: 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. 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 must be 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. (Added 12/7/89) 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 bonafide residents of the home; and March 25, 1996 11-20 they will occupy one of the dwelling units on the premises as their primary residence. This statement shall be listed as condition on any Permits which are issued under this Section. L. Prior to issuance of a permit, the owner(s)must send a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's permanent/primary residence, except for bona fide temporary absences. M. Prior to issuance of a permit, a floor plan of one-quarter(1/4) inch to the foot must be submitted showing the building, including proposed interior and exterior changes to the building. (Amended 2/18/93 and 10/6/94) Section 11.10 Residential Incentive Development Overlay District. The purpose of Residential Incentive Development Overlay District is to provide housing opportunities that are affordable for low and moderate income persons. Within the overlay district, the Planning Board may issue a Special Permit to allow housing development at somewhat greater densities than are normally permitted by the zoning ordinance, provided: 1. A minimum of thirty-three (33) percent of the total units in the development are affordable units. 2. The development conforms to the Table of Use and Table of Dimensional and Density Regulations and, in all other respects, conforms to all regulations and requirements for a Open Space (Cluster) Residential Development (§11.4) in URB districts. (Amended 7/7/88 and 10/6/94) Section 11.11 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. 2. It must be conducted by the principal practitioner who occupies the main building as his/her 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. It must not occupy more than 401/o of the gross combined floor area of the main building, and the accessory structure(if such accessory structure is utilized for said home occupation). 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. March 25, 1996 11-19 TABLE OF USA REGULATIONS DISTRICT RESIDENTIAL BUSINESS MEDICAL INDUSTRIAL CONSF PRINCIPAL USE RR SR UR-A UR-9 UR-C CB GS HD NB M GI $I BP `1` WORK IN WATERSHED PROTECTION (WP) OVERLAY DISTRICT (only if use is otherwise allowed by zoning)-- see §14.0 New structures or Substantial 1 Improvements in the WP PB PB PB PS PB PB PB PB PB NO PB PB PB WORK IN WATER SUPPLY PROTECTION (WSP) OVERLAY DISTRICT (only if use is otherwise aiLowed by zoning)-- see §16.0 Business/Industrial activities PB PB PS PB PB PS PB PB PB NO PB PB PB Any excavation within 3' of groundwater PB PB PB PB PB PB PB PB PB NO PB PB PB Impervious cover of more than 15% with a system for artificial recharge of precipitation PB PB PB PB PB PB PB PB PB NO PB PS PB Site alteration, structure or impervious surface within 200' of any watercourse (including intermittent) which are tributaries to a public water supply PB PB PB PB PB PB PB PB PB NO PB PB PB RESIDENTIAL one-family dwellings A A A A A NO NO NO PB NO NO NO A Accessory Apartments A A A A NO NO NO NO:,rl NO NO NO A Two-family dwellings NO NO NO A A NO NO NO PB NO NO NO NO Three-family dwellings NO NO NO PB A NO NO NO A NO NO NO NO Multi-family dwellings not to exceed three stories NO NO NO NO SITE NO NO NO SITE NO NO NO NO Multi-family dwellings exceeding three stories NO NO NO NO PB NO NO NO PB NO NO NO NO Townhouses NO NO NO PB SITE NO NO NO PB NO NO NO NO Home Occupations (see §11.11) ZBA ZBA ZBA ZBA ZBA A A ZBA A NO NO ZBA ZBA Home Office (see §11.11) A A A A I A A A A A NO NO A A Accessory structures & fences (ZBA approval required for some structures See §6.7) A A A A A A A A A NO A A A Horses and animals as accessory uses in accordance with §5.3 A A A A A A A A A NO A A A Flag Lots (see §6.13) PB PB NO NO NO NO NO NO NO NO NO NO NO Common Driveways (see §6.12) . PB PB PB PB PB PB PS PB PB NO PB PB PB Assisted Living Residences PB PB PB PB PB NO NO NO NO NO NO NO NO Tourist Home/Bed Breakfast PB PB PB PB PB NO NO NO PB NO NO NO PB Lodging houses NO NO NO PB PB NO NO NO PB NO NO NO NO Halfway houses NO NO PB PB PS NO NO NO PB NO NO NO NO Fraternities and sororities NO NO NO PB PB NO NO NO NO NO NO NO NO Dormitories NO NO NO PB PB NO NO NO PB NO NO NO NO Planned unit development (see §11.5) PB PB PB PB PB NO PB PB PB NO NO PB PB Cluster residential development/cluster (see §11.4) PB PB PB PB PB NO NO NO NO NO NO NO PB One, two and three-family homes and townhouses within the RI Overlay with a minimum of 33% of affordable units, in accordance with §11.10 PB PB NO NO NO NO NO NO NO NO NO NO NO 'Mixed Residential/Retaila Service, Commercial uses NO NO NO NO PB A A PB A NO NO NO NO *A. In the URC District: all uses may be on any floor; business uses are limited to miscellaneous professional and busin, offices and shall not include banking, real estate and insurance offices or retail, personal and consumer sery establishments, medical doctors, dentists or chiropractors. B. In CB, GB, HS and NB Districts: All Residential units must be located above the first floor. Uses may be mixed the building and, above the first floor, within each unit within a building. All retail, service, commercial u� normally permitted in these Districts are allowed, except the following (a Special Permit is required if a Spec, Permit would otherwise be required for the Retail, Service, Commercial use): 1. Drive-in eating and drinking establishments 2. Establishments selling, leasing or renting new and/or used automobiles, trucks, boats, motorcycles, househ, and camping trailers, and new automobile tires and other accessories 3. Automotive repair and automobile service station 4 Pool or billiards hall, bowling alley, amusement arcade, teen center COMMUNITY FACILITIES Bridge, tunnel cc CC CC CC CC CC CC CC CC NO CC CC CC "A" = Allowed by-right (Site Plan Approval is often also required for uses above certain thresholds); "PB" = Allowed by Special Per from Planning Board; AIZBA" _ A lowed by Special Permit#turn Zoning Board of Aooeals; "CC" = Allowed by Special Permit from C Council; "SITE" = Allowed with Site Plan Approval from Planning Board "NO" = Not allowed April 23, 1996 5-2 i �fNit�lt� ' DEPARTMENT OF BUILDING INSPECTIONS 587-1240 212 Main Street ' Municipal Building Northampton, Mass. 01060 NOTICE ORDER OF AND TO ZONING ORDINANCE VIOLATION CEASE, DESIST, AND ABATE Mr./Mrs./Ms. Mr. Joseph Belmont , and all persons having notice of this order. As owner/occupant of the premises, located at 62 Gilrain Terrace Assessor's Map 29 Plot 59 —URA, and known as 62 Gilrain Terrace you are hereby notified that you are in violation of the City of Northampton's ZONING ORDINANCE(s), ARTICLE(s) 5 , SECTION(s) 2 , and are ORDERED 'this date 3/20/98 to: 1. CEASE AND DESIST immediately, all functions connected with this violation, on or at the above mentioned premises. Teaching guitar lessons in URA zone without proper permits summary of violation 2. COMMENCE within ( ) hours, action to abate this violation permanently within days Apply for Home Office/Occupation Registration with the Bulding Inspector's summary of Office action to abate i and if aggrieved by this order; to show cause as to why you should not be required to do so, by filing with Clerk of the City of Northampton, a Notice of Appeal (specifying the grounds thereof) within thirty (30) days of the receipt of this order. If at the expiration of the time allowed, this violation has not been remedied, further action as the law requires ,shall be taken. By order, z&, INSPECTOR 0 BUILDI ZONING ENFORCEMENT OFFICER C,, d SENDER: 1 also wish to receive the _ ■Complete items 1 and/or 2 for addition , al services. v m ■Complete items 3,4a,and 4b. following services(for an W ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's AddrE permit. d ■write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery L ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. ° 4a.Article Number v 3.Article Addressed to: ID Joselph Belmont P 489 932 334 E 62 Gilrain Terr 4b.Service Type ° Florence MA 01062 ❑ Registered Certii N ❑ Express Mail ❑ Insur rn w ❑ Retum Receipt for Merchandise ❑ COD 7.Date of Delivery z m 5.Received By: (Print Name) 8.Addressee's Address(Only if requeste W and fee is paid) tr c 6.Si g�a to : (Addresse2 o Agent) / ( X \ H P�Form 3M, December 1994 Domestic Return RecE a� a� ITI �ctT a N r- tTl m ITI ;2 o — 7t � i —+a C C N I ca)° O H ca ' � o Z dU ii mV g A IZ U) r-. '� S~ 'S f g r � > �0 3" - m �V o (n 2 in � ° ox CL C O oO u ° L Z � .J E U C L ¢n a CL r o a �a F- a 966L IIJd'd`0088 wJod Sd 1 (O4�tlAMP�O City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 •Community and Economic Development �� •Conservation •Historic Preservation •Planning Board•Zoning Board of Appeals • Northampton Parking Commission TO: Anthony Patillo, Building Inspector D' 2 A , Q� RE: Permit application FROM: Laura Krutzler, Board Secretary/OPD --- ° - D DATE: �t(d`i� 10W Would you please review and return the S�,PC F,0,1:?-,4 Herne enclosed application before the Planning Board oning Board of� ppea"eeting scheduled for so that we can advise the Boards of any concerns you may have. Thank you. 10. Do any signs exist on the property? YES NO IF YES,describe size,type and location: Are there any proposed changes to or additions of signs intended for the property?YES NO IF YES,describe stze;type and location: 11 . ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DOE To LACK OF INFORMATION. This Coln= to be filled is by the Build.iag Department Required I Existing Proposed By Zoning Lot size Frontage Setbacks - front - side L: R: L: R: - rear Building height Bldg Square footage %Open Space: (Lot area mi-nus bldg &paved parking) # pf Tarking spaces ffof Loading Docks Fill: (vol-ume -& location) 13 . Certification: I hereby certify that the information contained herein G is true and accurate to the best of my kApoant's ge. DATE: �/Z {C � �� APPLICANT's SIGNATURE NOTE: Issuance of a zoning permit does not relieve a burden to comply with-all zoning requirements and obtain all required permits --+ --• mil--••• Commission. Deor+.-f.++ -• ^ X Now 1 FKAR2 61998 U-1 1 / File No. (p 3 f t ZO . G PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: Address: 6 Z l'SJ IraL h IG+ r Telephone:+ ��•T 2. 2 1 Owner of Property: T Address: , l T 1 1 ,n 1 ��Zf Cif— Telephone: 3. Status of Applicant: Owner Contract Purchaser Lessee Other(explain): 4. Job Location: Parcel Id: Zoning Map# o2 _ Parcel# District(s): (f0 BE FILLED IN BY T) -�THE BUILDING DEPARTMEN 5. Existing Use of Structure/Property R-es t e'e0H C; I ' 6. Description of Proposed Use/Work/Projec Occupation: (Use additional sheets if necessary): wk° CC-r00 M� 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 PermitNariance/Finding ever been issued for/on the site? NO DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or current# 9. Does the site contain a brook, 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 obtained Obtained ,date issued: (FORM CONTINUES ON OTHER SIDE) l'uiR 2 6 1998 ! i Date Filed File No. REGISTRATION OF HOME OFFICE/OCCUPATION (§10.2 & 11.11) With the Building Inspector 1. Name of Applicant: '30 h '���� Address: (02. &ilr l n t fMce, Telephone: 5&j- t42_2- 2. Owner of Property: 3"o 54 r% r>-V,0 Address: " G11 m.4%I nLnCz,(.e Telephone: 2- 3 . Status of Applicant: �wner Contract Purchaser Lessee other (explain: �} ) 4 . Parcel Identification: Map I O/V_, Parcel Zoning District(s) (include overlays) ./L/lt� /I t AA Street Address_ 5. Narrative Description of Proposed Home Office: (Use additional sheets if necessary) �. ti�YS wr GA�n G o/1• 6. Is this a legal residential building? ( NO 7. Will there be an employee/owner who doesn't live in the home S1NO 8. Will you ever see cl*Ale.$nts or customers a your site? YES NO How often 5-- zi w� For what purposes Ot S o r1S 9. Will there be any signs for th Home Office? YES NO 10. Will there be any goods sold from the premises or any sale of goods stored on premises, either retail or wholesale, or any display of goods on premises? YES O 11. Will there be any outdoor storage of materials? YES 12 . Will your use be totally within a building and not cause any outward manifestation (including traffic generation, parking congestion, noise, air pollution, and materials storage) ? YES NO If NO explain: V'n✓SiC, �}yC�S ,�cG,�d '�1D del Lft 4no f halite . 13 . Attach Plans (if applicable) 14 . Certification: I hereby certify that the information contained herein is true and accurate. I understand that if any information is incorrect, my permit is null and void and I may be liable for non-criminal fines and criminal and civil actions. Date: �7�•=-5 4 B Applicant's Signature: - - - - - - - - - - - - - - - - - - - - - THIS SECTION FOR OFFICIAL USE ONL Approved as presented/based on information presented APPROVAL EXPIRES ON DECEMBER 31 OF THIS YEAR AND MUST THEN BE RENEWED Denied as presented---Reason: Signature of Building Inspector Date NOTE. Issuanco of a permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health.Conservation Commission. Department of Public Works and other applicable permit granting authorities. FILE I Ub J J J i MAR 2 6 1998 APPLICANT/CONTACT PERSON:�J_� ` ADDRESS/PHONE: PROPERTY LOCATION: MAP PARCEL: ZONE THIS SECTION FORJOFFICIAL USE ONLY: PERWr APPLICATION CHECKLIST x4rn2d- 6`2 ENCLOSED REQUIRED DATE 7.OMWC-FORM Fn,T,F.D 0111 Rtiildin2 Permit �fflpfi Alit Type of Constniction- 3 qet,. of Plans I Pint Plan �— THE FOLLOWING ACTION HAS BEEN TARN ON THIS APPLICATION- Approved as presented/based on information presented Denied as presented: n Special Permit and/or Site Plan Required under: §5 W- io•1�4 � ( PLANNING BOARD _ZONING BOARD Received&Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w/ZONING BOARD OF APPEALS Received& Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval-Bd of Health Well Water Potability-Bd Health Permit from Conservation mission Signature of Building for Date NOTE:Issuance of at zoning permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Public Works and other applicable permit granting authorities. 13312 c� 7001 1. 55 117.5 / 15.00' r PARCEL I N w AREA=24000 s f. pro po5ed o ll"r4r C5 J o °p t� roam to O � O HOUSE 297' —i- Z � � Q PP..sr� eS� 123.06' 15. ' 1 CITY COORDINATE T N37051'220W 138.06' — X= /4,607 13 Y= 13,485.31 GILRAIN TERRACE 40.00' WIDE SEE NOTES Sneer' 2 ' \ ran � 6 �` Ter( w• . ma►�� v Se. t� the sari s �e5 e-A. �o sl . 5� �,.ro�� dl�►n J xvf+r r no r) ear, s��s � � n, 5 or n s t je�'n e S �`� 'ne S� 1 s s 5 w►U no-t"' Ce, S Y-A s 4�p c-4:- r- oc�e,�•� 11 • � i How does the project meet the special requirements? (Use additional sheets if necessary)?_ 5e-e- ? 'U 4� J F. Explain why the requested use will: not unduly impair the integrity or character of the district or adjoining zones: Ch?-A S 2 y'O DL2 not be detrimental to the health, morals or general welfare: be in harmony with the general purpose and intent of the Ordinance: me, 5 n 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 41, Section 81-C and D. 9. 1 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 t Vviewthi licatio Date: 4/2-PTO O Applicants Signature: Date: Owner's Signature: (If not the same as applicant's) 4 provisions for persons with disabilities: IIAP— V-00^n 1$ w1n eA c3lr,ir 4 c£eCS`►V>le. C. How will the proposed use promote a harmonious relationship of structures and open spaces to: the natural landscape: 'C> C� PiS pSC.� to existing buildings: 14> C% •�L S ✓U a other community assets in the area: �'� c.,hG.nS rip� • NJ r D. What measures are being taken that show the use will not overload the City's resources, including: water supply and distribution system: Nc� S e* sanitary sewage and storm water collection and treatment systems 'O fire protection, streets and schools: How will the proposed project mitigate any adverse impacts on the City's resources, as listed above? NO C.�')t� v AW 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..) 3 1 s. Special Permit Approval Criteria. If any permit criteria doe-- not apply, explain why. A. How will the requested use protect adjoining premises against seriously ' detrimental uses? TOM C k(A � 04� A fib' How will the project provide for - surface water drainage: ' J0 ChZtn sound and sight buffers-. P� the preservation of views, light and air: o Gl��ri ZS B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets? Pt, 5 Atli" eevr How will the project minimize traffic impacts on the streets and roads in the area? %-W 'U +6q C, o n l� one, 9tOJen_' at. i^ --'-i me Where is the location of driveway openings in relation to traffic and adjacent streets? '�" What features have been incorporated into the design to allow for access by emergency vehicles: X10 Gti e-A e_z the safe and convenient arrangement of parking and loading spaces 2 P CITY OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICATION FOR: 2 69 t►fProject- '.EC1CA�P��tMIT }�Hom�Occupatwn csory Apartment t :. Lifonca!AasocIxtionfSoc�ety,etl W. Siga Attaettuu Ado SzructaroPap Asdd,o' 2 ;Permit is requested un8e;Zotung Ordwance �ecUon Pg� �": 3. Applicant's Name: Address: (02— i , Telephone:_ A p� 4. Parcel Identification: Zoning Map#_2-t Parcel# S ` Zoning District: Street Address: (oa Gr4m; ce 5. Status of Applicant: Owner, Contract Purchaser, Lessee Other(explain) 6. Property Owner-/��� � 4- � rn� Address: � (7 f�'�il'1 ��'rt1. C Telephone• — 7. Describe Proposed Work/Project (Use additiorial sheets if necessary): SS r>fl.5 i r1 i -}A o ni *kkk****kk*kk***kk*kkk*kk*kk**kkk*kkkkkkkkkkkkkk***kkkkk*kkk*k*kkkkkkk*kkkk*kk Has the following information been included in the application? Site/Plot Plan N 4 List of requested waivers fee($120.00) 2 sets of labels(supplied by the Assessor's Office) Signed dated and denied Zoning Permit Application Three(3)copies of the Certified Abutters List from Assessors'Office. 1 10. Do any signs exist on the property YES NO IF YES,describe size,type and location: Are there any proposed changes to or additions of signs intended for the property?YES _ NO IF YES, describe size,type and location: 11 . ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUB' TO LACK OF INFORMATION. This colu= to be tilled in r by the Etuilcling Department Required Existing Proposed By Zoning Lot size Frontage Setbacks - front - side L: R: L: R: - rear Building height Bldg Square footage %Open Space: (Lot area mines bldg &paged parking) # of Parking spaces # (of Loading Docks Fill: 4 volume -& location) 13 . Certification: I hereby certify that the information contained herein G is true and accurate to the best of my knowledge. �� DATE: j'Z 1� i >' APPLICANT'S SIGNATURE \ NOTE: issuance of a zoning permit does not relieve an app ioant's burden to comply witfa ill zoning requirements and obtain all required permits fro m t e Board of Health, Conservation Commission, Department of Publio Works and other applibabla permit granting authorities. FILE # MAR 2 61998 File No. �3/ t ZONING PERMIT APPLICATION (§10 . 2) PLEASE TYPE OR PRINT ALL INFORMATION `mo6t 1. Name/of Applicant: Address: C6 2- � (r�`'� ��°����'�- Telephone: �� 142- 2 2. Owner of Property: T Address: ak,I n T'e '' Ot' Cie _Telephone: 3. Status of Applicant: Owner Contract Purchaser Lessee Other(explain): 4. Job Location: Parcel Id: Zoning Map#_ C>" Parcel# District(s): (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property g7c,5s 6. Description of Proposed Use/Work/Projec Occupation: (Use additional sheets if necessary): s7hry r'oo M, 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 Permit./Variance/Finding ever been issued for/on the site? NO DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or current# 9. Does the site contain a brook, 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 obtained Obtained ,date issued: (FORM CONTINUES ON OTHER SIDE) - 117 -MAR 2 61998 � '• Date Filed t ` File No. L,.UEGI;STRATION Y:7F'tl i0 E OFFICE/OCCUPATION (§10.2 & 11.11) W the Building Inspector 1. Name of Applicant: '50 h ? 1—a Address: 62. '1 Telephone: 15 Ft,,j- (.42,2- 2. Owner of Property: ,jo �N Address: D!.6C4CP- Telephone: Z 3 . Status of Applicant: wner Contract Purchaser Lessee Other (explain: ) 4 . Parcel Identification: Map # _, Parcel # g Zoning District(s) . (include overlays) Street Address s 5. Narrative Description of Proposed Home Office: (Use additional sheets if necessary) Y-00 -i �. ti�S �'+�► GC. Gin v GS D/1• 6. Is this a legal residential building? � NO . 7. Will there be an employee/owner who doesn't live in the home Y4S NO 8 . Will you ever see cl}*-nts or customers a your site? YES NO How often 15. 15 'Pe'1G5 Zt w For what purposes vt, S o r'1S 9. Will there be any signs for th Home Office? YES NO 10. Will there be any goods sold from the premises or any sale of goods stored on premises, either retail or wholesale, or any display of goods on premises? YES NO 11. Will there be any outdoor storage of materials? YES 12 . Will your use be totally within a building and not cause any outward manifestation (including, traf f ic generation, parking congestion, noise, air pollution, and mate rli�als storage) ? YES No If NO explain: Vn-,%)L 6),fi Lft 4no—vyvj Kwusee. 13 . Attach Plans (if applicable) 14. Certification: I hereby certify that the information contained herein is true and accurate. I understand that if any information is incorrect, my permit is null and void and I may be liable for non-criminal f ines and criminal and civil actions. Date: ?7f 2.5 / q U Applicant's Signature: - - - - - - - - - - - - - - - - - - - - - - - - - - - THIS SECTION FOR OFFICIAL USE-ONL Approved as presented/based on information presented APPROVAL EXPIRES ON DECEMBER 31 OF THIS YEAR AND MUST THEN BE RENEWED Denied as presented---Reason: Signature of Building Inspector Date NOTE:Issuance of a permit does not reileve.an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health,Conservation Commission,Department of Public Works and other applicable permit granting authorities. FILE # :7 331- Mp,R 2 6 1998 APPLICANT/C NTACT PERSON: 13 E, ONE: PROPERTY LOCATION: c MAP PARCEL: ZONE THIS SECTION FOR-OFFICIAL USE ONLY: PERNUT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE Fee Paid k53 Riiilffing Permit Filled nut Fee Pnid Type of Constniction- Addition to Existing THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS AP ICATION' Approved as presented based on information presented Denied as presented: Special Permit and/or Site Plan Required under: §$ V-10 PLANNING BOARD _ZONING B ARD Received &Recorded at Registry of Deeds Proof Enclosed Finding Required under:§ w/ZO.NING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval-Bd of Health Well Water Potability-Bd Health Permit from Conservation mission Signature of Building for Date NOTE:Issuanoe of a zoning permit does not relieve an applioant's burden to oomply with all _ zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Department of Publio Works and other applioable permit granting authorttles. Grio of Xort4amptan z Z $ � �Isssxchusctfs K° DEPARTMENT OF BUILDING INSPECTIONS INSPECT*e 16 , 1998 212 Main Street • Municipal Building North,unpton,MA 01060 Joseph Belmont 62 Gilrain Terrace Northampton, MA 01060 Map 29 Parcel 59 Subject: complaint received about lessons Dear Mr. Belmont, A complaint was received in our office via phone today concerning the music lessons that you are giving. The complaint states that yesterday June 15, 1998 lessons started at 8:15pm and ended at 9:15Pm and that off street parking is being utilized by your students. The Special Permit issued to you on May 6, 1998 was issued with eight conditions, condition number 4 states that .." All parking for business must be off the street." Condition number 5 states.. "The hours of operation shall be 9am to 9pm with no lessons beginning earlier than 9am or extending later than 9pm. The last lesson must begin at 8pm and end by 9pm." A copy of this complaint will be placed in the file , upon the renewal date of your special permit on May 6, 1999 the file will be made available to the Zoning Board . Please contact this office at 587-1240 if you have any questions. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC. D. Boudo *COQ-THUIPTOy ie�sa Lritj� of Nort amptan z •. �lags� p,isttff M DEPARTMENT OF BUILDING INSPECTIONS Q INSPECTOR 212 Main Street • Municipal Building Northampton, MA 01060 June 16 , 1998 Joseph Belmont 62 Gilrain Terrace Northampton, MAO 1060 Map 29 Parcel 59 Subject: Special Permit Filing Dear Mr. Belmont, Our files indicate that we do not have proof that you have recorded the Special Permit that was granted you May 6, 1998. Pursuant to Massachusetts General Laws, Chapter 40A, Sectionl 1, 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 Re,eistry of Deeds or Land Court....it is the applicant's responsibility to pick up the certified decision from the City Clerk and record it at the Registry of Deeds I am sure it was probably an oversight on your part but could you take care of this matter otherwise the Special Permit granted might become null and void. Thank you. Sincerely, Ant ony Building Commisner City of Northampton CC. D. Boudo r C CO , CIO, f1J a) = HO �F f*! :h o 1J � b ' rr � � d •H N N C o d Y N MID i: U }° O c CQ b o a ti co U W �•,-"� uN/ j d d Q) (J) m ° m.� voi N z� a LL to yJ ° ° a Z5 c o m i° E E¢ m J A - a _ a d c7 o o o o a�i a d a� °' ~ E z Q U) n a a c-) � ¢ ¢� o a° �•� 9661 Iljdd`008S w'od Sd ldiaoay uinjaa C)IISOWOd UW-9-L6-969ZO1 466L jegwaoap 'LLge wo3 Sd N /7 X C ( a6yi0 eassaippy) :81rleublS•9 C a d (pied st eaj pue m pagenbei l �(luo)ssaJppy ,eessai py•9 (au'LIN Juud):�>3 panlaoad g s �/ z 'J anlla Ylea I o y aOD ❑ eslpuspievy i6l ldla d wnlau ❑ m 3 painsul E] flew ssejdx3 ❑ N pegiveo ❑ paialsl6ad ❑ O9OTO VW `90ua-IOTA o edA 1 eoltiag qy .1.191 uTpJTTE) Z9 �3 3 quowTag udasor Zfi£ Z£6 68b d o jegwnN aiolllV'ell :01 pesseippy 8131•6 0. aal jol jelseu4sod linsuoo •p8,9np9p c ^• elep 9141 pue paJanpap SUM 9plue 8141 wo14M 01 M014S pun ldlaoay wntau 9141■ ? C tianlfaa paloulsed •Z jagwnu eiolue ey{Molaq eoeldpew eyl uo,pe;senbey�d�s0ey wn�ey,eipm 2 •11uLad � sseippy s,eessejppy p L 1ou seop ands p Noeq e141 uo jo'aoeid�rew 94110 W04 914101 LWO;sN143eUVv < -nog(01 pies y :(aal ejlxa siyl wnlei ueo eM 1egi os wro;sly1;0 ssieneJ e141 uo ssaippe pue eweu jno S luud■ A ue i0})seouues 6ulMOpol qy pue ley,E swan 9191dwoo■ m ayl 9AI909J 01 ys1M Osle I •seawas leuoll!PPe jo;Z jo/pue 1 swap eleldwoo■ o :d3aN3S F 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: Joseph Belmont- 62 Gilrain Terrace, Florence DECISION DATE: May 6, 1998 DECISION FILED WITH THE CITY CLERK: May 21, 1998 /f f lC .L received from the Building Inspector for any structure, or portion thereof, used for said Home Occupation. 13. This Special Permit for a Home Occupation shall be renewed as required one year from the date that the occupation commenced. 14. This Special Permit is issued to Joseph Belmont to teach guitar lessons as a Home Occupation at 62 Gilrain Terrace, and is non-transferable. 4 ATTACHMENT A HOME OCCUPATION SPECIAL PERMIT FOR: JOSEPH BELMONT-62 GILRAIN TERRACE, FLORENCE, MA 01062 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 11.11 - 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 purposes. 2. The work will be conducted by the principal practitioner who occupies the main building as his bonafide residence, with no other employees engaged in the occupation. 3. The use does not occupy more than forty(40%)percent of the gross floor area of the main building. 4. There will be no signs on the building. 5. There will be no goods offered for sale from the premises. 6. There will be no goods produced or manufactured on the premises. 7. The hours of operation shall be from 9:00 A.M. - 9:00 P.M. 8. There will be no deliveries of products or materials to the premises. 9. The Home Occupation will not take place in an accessory structure. 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 the Home Occupation, a Certificate of Occupancy must be 3 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 it will not change the exterior of the house. 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 11.11 of the Zoning Ordinance for Home Occupations (See Attachment A for criteria). F. (Tly'tested use bears a positive relationship to the public convenience and welfare by providing private instruction for guitar students. 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 for guitar lessons will promote City planning objectives to the extent possible by allowing a resident to work at home. Conditions imposed upon the project are as follows: 1. The applicant shall teach a maximum of fourteen students per week 2. The applicant shall conduct no more than six lessons in any one day. 3. The applicant shall keep a log of lessons. 4. All parking for the business must be off the street. 5. The hours of operation shall be 9:00 a.m. to 9:00 p.m.,with no lessons beginning earlier than 9:00 a.m. or extending later than 9:00 p.m. The last lesson must begin at 8:00 p.m. and end by 9:00 p.m. 6. Only one lesson shall be conducted at a time. 7. A maximum of only two vehicles are allowed at any one time. 8. The Home Occupation Special Permit is only for guitar lessons and not to allow a studio or band rehearsal. 9. The days of operation shall be Monday through Saturday. 2 r - Office of Planning and Development d� City of Northampton City Hall - 210 Main Street Northampton, MA 01060 - (413) 587-1266 l j FAX(413)587-1264-EMAIL planning©city.northampton.ma.us �4 -Conservation Commission *Historical Commission -Planning Board - Housing Partnership mss, -Zoning Board of Appeals Y� DECISION OF ..m NORTHAMPTON ZONING BOARD OF APPEA APPLICANT: Joseph Belmont W Z a ADDRESS: 62 Gilrain Terrace Florence, MA 01062 €EPT OF BU MM OWNER: Joseph Belmont and Sarita Belmont ADDRESS: 62 Gilrain Terrace Florence, MA 01062 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 62 Gilrain Terrace MAP AND PARCEL NUMBERS: MAP#29 PARCEL#59 At a meeting conducted on May 6, 1998, the Northampton Zoning Board of Appeals unanimously voted 3:0 to grant the request of Joseph Belmont for a SPECIAL PERMIT under the provisions of Sections 10.10 and 11.11 in the Northampton Zoning Ordinance to teach guitar lessons as a Home Occupation at 62 Gilrain Terrace. Zoning Board Members present and voting were: Chair Mark NeJame, Alex Ghiselin and Larry Snyder. 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 it will take place in the home,with no signs advertising the business. No outward manifestation of the business will be visible. 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 student will be seen at a time,the number of students per week will be limited to fourteen, and there is ample room for client parking in the driveway. 1 ORIGINAL PRINTED ON RECYCLED PAPER L/ l CrxtV of Nort4amptou 'l ass a Chitsttfs a i DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street • Municipal Building Northampton, MA 01060 March 17, 1999 Donna Boudo 68 Gilrain Terrace Florence , MA 01062 Subject: Complaint Dear Mrs. Donna Boudo, I am enclosing a complaint form, could you please fill out the form with the information that you discussed on the phone . Once I receive your complaint it will go in file for 62 Gilrain . I will also write a letter outlining the terms of special permit and the violations listed in your complaint to Mr. Belmont, this will also become part of the file. Thank You. Sincerely, ,"z Anthony Patillo Building Commissioner City of Northampton ,j j► n A � � o z Ul 0 y v o vi c m N p y @ o 20 o M co CL m n m m D m CL AoA N N m 3 m 0 a. eb 7 O N o �. � a o O O � a � a 0 0 m � ggoo od m m om oocno o=ooh c = v= m w Nod ihh �° �°' w_� NC 513 fld � b is C fD N__ 8 v A N /py� v.�0� �N,0)S 2 ; 3 /yam 10 p w _ x d- LL = p p = 1 _IY y o_Si a3 v � `� m x x n�i s� � to k N M (� .(�. -gyp _ �.�•N 3 0 3 . a mial '.N N R� 1 S — a p� 14 ox 9 W .d.. 3 p0pj C W N d= C M• a O p .7 = N r(J1 Gl N= N < = p C N � ooAi 0 3 B ca N ?O 1 N 9 S N < C N = �i o = 3 m a ao m yam NN < d v 7 m C N ISO°, is 3 01 5 : 30pm - 6 : 30pm Chrysler Mini Van 6 : 15Pm a Blue Honda Minivan t arrived and client went in and Ronda Parked in road 04 /02/99 two lessons overlaped 5 : 25pm to 5 : 40pm .• M 04/03/99 two lessons overlaped again 11 .00am to 11 :20am Tt was our understanding only one lesson at a time and no parking in the street . Mr. Belmont is supposed to be monitoring his lessons and clients , but seems to ignoring the rules . o� oti CritR of Wort1jampton t Office of the �nzpertor of �pilbinge Z v � w 212 Main Street•Municipal Building q Northampton, Mass. 01060 COMPLAINT SHEET C� C How received: Telephone ( i Complai Personal ( } Date: F$t3�-:. WSPEU01,c Letter Time: I:Telephone No.No. Kenneth & Donna Boudo Complainant's Name: —. ------- -- .�- ----- -- - - -- - - 68 Gilrain Terr, Florence Complainant's Address: ' Complaint received by: - ------ --- - ------- ---- - --- -- VIOLATIONS OF: O Chapter 44 Zoning Ordinances, City of Northampton O Chapter 802 As Ammended Mass. State Building Code O Sanitary Code, Art.2 Complaint reported against: Name: Joseph Belmnot Address: _ 62 Gilrain Terr , Florence Location ofcom taint: 62 Gilrain Terr . p Map P _ Lot b �O Signature ofComplanants: Nature of complaint: 02/25/99 Chrysler Mini Van parked in lower driveway and also a Honda Mini Van was parked in the road approx . 6 : 20pm 03/06/99 a car was parked in the lower driveway and also a car was parked in the road (radio up "full blast ") approx . 10 : 50am (we have a picture) _ 03/_11 /99 again- there__ were_ t-wo .cars ap l-ro_x . 5:3.0 pm_.blu.e Subaru and Ch-r. Va 03/ 12/99 approx. 5 :30pm again two cars at the sam time 03/ 13/99 approx. 10 : 15am-10 :30am two cars one in upper driveway (green- pon ' tac one in the lower driveway blue Honda 03/ 18/99 5 : 30 to 6 : 30pm Chrysler MiniVan J,n the upper driveway and a dark colored Jeep-parked -in lower driveway client entered house approx . 6 . 10pm Both clients entered with quitars and lessons ?overlaped Jeep left approx 7 - OOpm 03/ 19/99approx . 5 :00 pm two cars again Blue Camry & green VW Investigation: Yes ( ) No ( ) Investigated by: _ ____ ran. 03/25/99 5 : 30pn - 6 :30pm Chrysler Mini Van 6 : 15pm a Blue Honda Miniva a-rrilied and client went in and Honda parked in road 04/02/99 tga:..les onq .oyerlaped 5 ; 25nm to 5 ,40p�n 04/03/99' tw6 lessons overlaped again 11700am to 11 :20am It was our understanding only one lesson at a time and no parking in the street . Mr. Belmont is supposed to be monitoring his lessons and clients , but seems to ignoring the rules . s A a Offict of tht �nspecfor of ?A61bings t ; w 212 Main Street•Municipal Building Northampton. Mass. 01060 O©UpS COMPLAINT SHEET E� How received: Telephone ( ) Complai _� ' Personal ( ) Date: MF ,, IIdS'— p— E�TIOJt N l�r cn Ht.:.Vr wlh .i Letterfj' Time: - Telephone No. Complainant's Name: Kenneth & Donna Boudo Complainant's Address: 68 Gilrain Terr , Florence Complaint received by: a�y — -- - - -- — --- ---- VIOLATIONS OF: O Chapter 44 Zoning Ordinances, City of Northampton D Chapter 802 As Ammended Mass. State Building Code O Sanitary Code, Art.2 Complaint reported against: Name: Joseph Belmnot _ Tel. —__._.___.__---_._ Address: 62 Gilrain Terr , Florence- - - Location of complaint: 62 Gilrain Terr.. _ Map N __i2q q Lot N Signature of Complanants: - Nature of complaint: 02/25/99 Chrysler Mini Van parked in lower driveway and also a Honda Min Van was parked in the road approx . 6 : 20pm ---03 /06 /99 a car was pa-rked in the lower d-riveway and also a car was rarke in the road (radio u "full blast ") approx . 10 : 50am (we have a picture) 03-/_11/99.again_ there were- two -cars aprro_x . a :3-0 pin--blue Subaru and Ch-r. V, 03/ 12 /99 approx. 5 : 30pm again two cars at the sam time 03/ 1. 3/9.9 aprrox. 10 : 15am- 10 : 30am two cars one in upper driveway (green- por one in the lower driveway blue Honda 03/ 18/99 5 : 30 to 6 : 30pm Chrysler MiniVan J,n the upper driveway and a - dark colored Jeep-parked -in lower driveway client entered house approx . 6 . 10pm Both clients entered with quitars and lessons ?overlaped Jeep left approx 7 ?00pm - 03/ 19/99aprrox . 5 :00 fm two cars again Blue Camry & green VW Investigation: Yes ( ) No ( ) Investigated by: .____ n c m � b to — 0 4/ O prj O (A W k C H Oa N f9 N W d j C � CL to U n o C [D ^ d 7 (D Cf N N 3 &' m 5 � ! m Q D o � o 9 w Q o r o Q � a o a a°e o H 0.o �N �Q � ' o ��QoN2 c�Q�d c_Qoai mCTL �N c�= act; Cn .zy �CQ V O (N�n lQ N faD O `i 'O Ol ��y O 'O _' 01• N 7' n o N W N 0 �y0 C•3 •. m y a.D 6 xx xx <=- `D � p� m 9 31.89 cn� x rnfD �cn: W2.C, " � 0 G7� o yymO g rnv �� �� co °av °' m m N o o'•o �-pd 3 ' �i3 aR2.g `� n 3 m o .o n o O fA N 0,a 2L X0401 m, o a s 3 M 7 .� d v a CL fD3ov � 2m ° o 3 :0-° °' n 3 oa3 < a v !7q 3 m � n N " m 3 y w to fO 2 01 co ..�. ow - j 4.g1iAMP�. O O �$ Crit# of 'Wart4autp#au z M • $ e �lassac)ticsctts DEPARTMENT OF BUILDITIG INSPECTIONS INSPECTOR 212 Main Street • Municipal Building '�,M s", Northampton,MA 01060 April 25, 1999 Joseph Belmont 62 Gilrain Terrace Northampton, MA 01060 Map 29 Parcel 59 Subject: Complaint on music lessons Dear Mr. Belmont, A complaint was received in our office via mail concerning the music lessons that you are giving. I have enclosed a copy of complaint which was forwarded to the Zoning Board A copy of this complaint will be placed in the file, upon the renewal date of your special permit on May 6, 1999 the file will be made available to the Zoning Board . Please contact this office at 587-1240 if you have any questions. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC. D. Boudo , Councilor LaBarge MpY 41999 �� dq -6� pEF�QF�iti�':._ 4r SFECTi(1hS May,2, 1999 Anthony Patillo Building Commissioner City of Northampton Dear Mr.Patillo: Thank you for your letter of April 25, 1999 regarding the complaint filed by the Boudo's of 68 Gilrain Terrace.My family and I take the rules outlined in my "Home Occupation" permit very seriously. I am familiar with each of the conditions imposed by the zoning board's ruling. I believe that I have complied with all of them. I teach only one lesson at a time.The permit clearly allows for one guitar student to be able to arrive as the other is finishing up hislher lesson (section G?).My students also do not park in the street. I have observed on occasion,that students are dropped off and picked up from the curb of the street.It seems that this the cause of the Boudo's observations regarding parking in the street. Two of these observations (2/25 and 3/25) occurred on Thursdays at 6:20 or so. I have already spoken with the appropriate student to discuss this. I have found that the incidents described in the complaint to be presented in a consistently misleading manner. Iwould be happy to respond in greater detail,if you prefer. I would appreciate it if a copy of this letter could be placed in my file and made available to the Zoning Board. Thank you for your time in dealing with this matter. Sincerely, Joe Belmont 62 Gilrain Terrace Northampton,Ma. 01062 586-1422 I May, 2, 1999 Anthony Patillo Building Commissioner City of Northampton Dear Mr.Patillo: Thank you for your letter of April 25, 1999 regarding the complaint filed by the Boudo's of 68 Gilrain Terrace.My family and I take the rules outlined in my "Home occupation" permit very seriously. I am familiar with each of the conditions imposed by the zoning board's ruling. I believe that I have complied with all of them. I teach only one lesson at a time.The permit clearly allows for one guitar student to be able to arrive as the other is finishing up his./her lesson(section G7).My students also do not park in the street. I have observed on occasion, that students are dropped off and picked up from the curb of the street.It seems that this the cause of the Boudo's observations regarding parking in the street. Two of these observations (2125 and 3/25) occurred on Thursdays at 6:20 or so. I have already spoken with the appropriate student to discuss this. I have found that the incidents described in the complaint to be presented in a consistently misleading manner. Iwould be happy to respond in greater detail,if you prefer. Iwould appreciate it if a copy of this letter could be placed in my file and made available to the Zoning Board. Thank you for your time in dealing with this matter. Sincerely, ,Toe Belmont 62 Gilrain Terrace Northampton,Ma.01062 586-1422 _ le'42 l S ,----7 �- `z v '�i 51999 lY0 v v- J 1^ �. /r .' i r ��✓�. ;%.ter F��- �, � f/ �T 3118/99: My log indicates a lesson at 5:30 and another at 6:15. Again, there is no violation of my permit. indicated by this complaint. 3119199: My log indicates a lesson at 4:30 and one at 5:00. Again, no violation is listed. 3125/99 My log indicates a lesson at 5.30 and one at 6:15, the same students as 2125. No Honda Mini-van. No parking in the road. 4/02199: My log indicates students at 5:00 and 5:30. No violation listed. Lessons given one at a time. 4103199: My log indicates a student at, 10:15-11:15 and another front 11:15-12:15. The lessons were given one at a time. No violation is listed. In response to a previous complaint by the Boudo's, dated June 16, 1998: For June 15"h, my log indicates a lesson from 8:00 until 9:00 P.M. This was the last lesson for a long standing guitar student. After his lesson ended before 9:00, we chatted for a few minutes before he left. After receiving this complaint, I have concluded all lessons and conversations before 8:4*5 P.M., fifteen minutes before the cut-off time listed in the permit. A conversation with Building Commissioner Patillo, revealed that the source of the parking complaint was one occasion noticed by the Boudo's when a friend visited me and parked in the street. I would appreciate it if a copy of this letter could be placed in my file sand made available to the Zoning Board. Thank you again for your patience in dealing with this matter. Sin cer ely, JoeI,. elmont CC: Planning Board Low , M U 2 " s DEPT OF$lSj= n aW PECTlOtr'S ' Anthony Patillo Building Commissioner City of Northumpton Northampton) Ma.. 01-060 Subject, Rebuttal to complaint by the Boudos, re: Home occupation Permit, 62 Gilrain Terrace. Please file. May 10, 1999 Dear Nlr, patillo: artunit to answer the 'complaint filed by 1 would like to take this opp y point basis: the Boudo's of 68 Gilrain Terrace at' a point by p student car parked in road. �41y studio log indicates ldeithers 212:,199: No Calt 't rsta mi ) at 5:30 (Plymout.h Voyager} and ri list.ed in the complaint.. Student at student drove the llonda Nlini when asked, indicated on 6.15 is driven here by his mother Huh n,hile waiting for the parking space occasion she had kept her car idling next to the studio. 3106199: lily studio i.og indicates a student at 1-1.:01° lie the and and satin his car far 3 or 4 minutes before pulling into place. ernzit allv�'s for this. 3111199: The complaint indicates tv4'eaandcars'neithe student parked in tile The lessons were given one at a ti�� road. 3112199'. again, no violation is listed. o indicates a student at. 9:15-10,15 and another family, 3/13199: �y stadia log 10:i5-11 5-11,00, Each Lesson eras taught one at a tinie as always. our clr eway. fre uently has �°/sitars, who n1ay visit and Park r JUN 1 8 QQ8 t JA / 0 Registry-JUN-1998 11:48.15 Hampshire County Regis y of Deeds Receipt No: 83288 Marianne L. Donohue, Register of Deeds 33 King Street Northampton, MA 01060-3298 Name: JOSEPH BELMONT Addr: 62 GILRAIN TERRACE FLORENCE, MA 01062 Receipt Type: OR Payment Total Pages: 0006 Fees Taxes Fee: $ 12.00 Cash: $ 0.00 $ 0.00 Tax: $ 0.00 Check: $ 12.00 $ 0.00 Misc: $ 0.00 Charge: $ 0.00 Charge Code: Comment: SPECIAL PERMIT-62 GILRAIN TERRACE Receipted By: BETH Status: PAID DOCUMENTS: 980015647 to 980015647 ---------------------------------------------------------------------------------------------------------------- Type Page Doc Mref Consider$ Record Fee Excise Tax Stat Misc Fee Record Date Document# Book/No/Page Status ---- ---- --- ---- ----------- ----------- ----------- ---- ----------- ----------------- --------- -------------- ------ MIS3 006 0001 0000 0.00 12.00 0.00 0.00 17-JUN-1998 11:47 980015647 OR /5402/0094 INIT Page 0001 of 0001 Sl \ b:j- Ala. " 3 ) 5 1� Z--0 i2r.> Z�- +ex S FROM THE LAW OFFICE OF MCM. HON & DRISCO L June 11, 1999 TO: John Bennett Northampton Planning Dept . FROM: Atty. Edward J . McMahon RE: Joseph Belmont - Application For Special Permit dated May 15 , 1999 Please advise me if your Department will be giving written notice today to Mr. Bell t that the Special Permit which was app by the ZBA on May 21, 1998 , has lapsed in accord with the provisions of the Zoning Ordinance and that as of this date he has no right under the ordinance to continue conducting g out of his home until such time as the above- captioned application has been heard`and' deter- mined. I need to hear from you in this regard since such notice should be issued by your Dept . forthwith under the circumstances . Other- wise , I will so notify him on behalf of my clients . Thanks . MCMAIION & DRISCOLL ATTORNEYS AT LAW jp TWO STRONG AVENUE ) 1 4 P. O. BOX 217 NORTHAMPTON, MASSACHUSETTS 01061-0217 DEFT OF HUNG EDWARD J. MCMAHON a.°.-.___"_ MAUREEN M. DRISCOLL FAX: (413) 587-2684 OF COUNSEL June 11, 1999 Mr. Joseph Belmont 62 Gilrain Terrace Florence, Massachusetts 01062 RE : Application For Special Permit For Home Occupation - 62 Gilrain Terrace, Florence, property Dear Mr. Belmont: Enclsoed herewith is a copy of my letter of this date to John Bennett of the Northampton Pl,.nning Department requesting that his office notify you that -the Special Permit of May 21, 1998, giving you the right to conduct guitar lessorns from your home lapsed. on June 10, 1999 , because it was not timely renewed in accord with the Zoning Ordinance. Therefore, you have no �right under the Zoning Ordinance to continue giving such lessons and must stop giving any further lessons as of this date. My clients , Mr . and Mrs . Kenneth Boudo, are accordingly requesting that you refrain from giving any further lessons on your premises at 62 Gilrain Terrace until such time as there has been a hearing on the above-captioned application and your right to continue giving such lessons has been finally determined. If there is any question, please have your attorney, Michael Edelstein, Esq. , contact me. encs : Ver truly cc : John Bennett �/ Anthony Patillo, Building C.� �/ Commissioner E r�J. M ahon Atty. Michael Edelstein MINNOW 71 Gilrain Terrace Florence, MAO 1062 June 2, 1999 Office of Planning Development City Hall 212 Main Street Northampton, MA 01060 Attention: ZBA Re: Complaint of Ken and Donna Boudo with respect to Joe Belmont To Whom It May Concern: I understand that a new complaint has been filed with respect to Mr. Belmont's music lessons on Gilrain Terrace. I live across the street from the Boudos and the Belmonts. My wife and I have two children, ages 5 and 7. Quite frankly, I am saddened to see that a new complaint has been filed. Mr. Belmont's music lessons do not create traffic congestion, and do not constitute a danger to the children on the street. I have no reason to believe that group lessons are being given, as any overlaps where two cars are parked at the same time is infrequent, and occur for short durations of time. Mr Belmont is a responsible and considerate neighbor. With all due respect, the complaint has no merit and should be disposed of expeditiously. Sincerely, Matthew Engel JUN 8 June 3 , 1999 James & Patricia Willard 47 Gilrain Terrace Florence MA 01062 Office of Planning & Development City Hall 210 Main Street Northampton MA 01060 To Whom this may concern: We are residents of Gilrain Terrace in close proximity to Mr & Mrs Belmont. The issue of Mr. Belmont ' s Music lessons has gotten out of hand. The few lessons this man is giving is not upsetting the neighborhood in any way. There is no excess traffic, noise, confusion or whatever because of them. It seems that Mr. Belmont has given his all to abide by the rules set last year to him. It is to our understanding that certain people disagree with this and have monitored the Belmont ` home. That is totally insulting to the Belmont family. These people are what we say are "Making mountains out of molehills" We sincerely hope the renewal of the special permit to Mr Belmont will be issued to him. Mr Belmont and his family are a pleasure to know and they are an asset to the neighborhood. We only wish more people could be like them. Very truly yours J. Willrd i VGA Patricia M. Willard a _ l 1 i men l lG Cl /Z qtr- NORTHAMPTON COMMUNITY May 3, 1999 MUSIC CENTER Lucia N. Miller Executive Director To the members of Northampton Zoning Board: I am writing to you to voice my support for music in our community. Northampton Community Music Center is just one of many locations where instrumental and voice lessons take place, and although we have by far the highest number of students in any one place (with over 400 on a weekly basis), there are also teachers throughout the community working to enrich the lives of children and adults alike. In fact,this is one of the reasons for our recent designation as the number one small arts town in America. I would also like to express my deep appreciation for the work of Joe Belmont specifically. As a guitarist on our faculty, he brings a very high level of professionalism not only in his playing, but also in his teaching. He is dedicated to his students and most responsible. I encourage you to recognize him for his talents and for what he brings to the community, in his private home, at Amherst College, through his band Quetzal,and here at the Music Center. He is a great musician and a responsible,civic-minded individual who should be supported in his work in every way possible. Please feel free to contact me if you have any questions about Joe Belmont, his credentials, and his outstanding character. Sincerely, Lucia N. Miller MA Y `L G 139 South Street `-- — --- - Northampton, MA - -----—--I 0 1 0 6 0 413.585.0001 i City of Northampton, Massachusetts D pTo Office of Planning and Development II City Hail • 210 Main Street MA Z 4 SW Northampton, MA 01060 • (413) 586-6950 FAX 413 586-3726 i?EET OF ,G itlSPECTIONS S� •Community and Economic Development iy�' �°'!' •Conservation -Historic Preservation •Planning Board•Zoning Board of Appeals - ? . •Northampton Parking Commission TO: Anthony Patillo, Building Inspector RE: Permit application FROM: Laura Krutzler , Board Secretary/OPD DATE: Would you please review and return the _ 1 enclosed ��e�,� ���r��,r-- application before the .Zoning Board of Appeals meeting scheduled for so that we can advise the Boards of any concerns you may have. Thank you. r M1 �... :Jj;Efti ERIE t6n17:s'^` ..^i. s Ps NpP i PARCEL l N w AREA=21,000 s f. f pry�d o ti R o Q w W room rn HOUSE 29.7' --�. CD / O �r1 V�V�a1 1 1 1111 L► SOX. � (61 rtes) r ' ! 30 123.06 15. TXYY=ITY COORDINATE T N37°5722°W 138.06' = 14,607. 13 - - — — - - - - - - - - - - - - - - - - - - - — 13,485.31 GILRAIN TERRACE 40.0c)` wIDE SEE NOTES Se CA-i a n `' 3 Lryf YY)n, �, �� Vs it W?A 5 - 0 r 71y'l<5�' off' � vj on � 7-CA Y1'ot L � ��-�- (ti c G Zv"1 I 01n ZA Z4 rc� er _ kl C/e, n Av � czcl-lQ�� C �r �� Y10� Texcz�c,,c A Attachment to Section 7: In requesting an increased number of students I am keeping the wording of section 11-11 of the zoning ordinance in mind. It is my feeling that allowing private music lessons in the home is of great benefit to the community at large. In recent years, the music programs at our public schools have been cut drastically. For many of our young people, private music lessons are the foundation of their musical education. Most of these lessons are taught in the homes of the musicians who live here. There have been numerous studies indicating that the study of a musical instrument has a strongly positive affect on a student's later academic performance. I notice in the wording of section 11-11, the ZBA is given a great deal of discretion in crafting the provisions of any Home Occupation Permit. The restriction to 14 lessons per week in my permit has made it impossible for me to offer make-up lessons from my studio at home, or from my studio at Northampton Community Music Center downtown. I also have not been able to tutor any of my students from Northampton High School Jazz Ensemble, which I direct. A greater number of allowable students would give me the flexibility to be able to meet my students' needs. I have no plans to expand my studio. I have not advertised this year and have no plans to. mill F. Explain why the requested use will: not unduly impair the integrity or character of the district or adjoining zones: No CIN,,> 5 not be detrime tal to the health,morals or general welfare: -C- , yr U S I L 4a,C,S C)Y1 5 . be in harmony with the general purpose and intent of the Ordina nce: , n/IL � �►� s 'W��J o �n Q nA� 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 41, Section 81-C and D. � } k 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: `�" 1 Applicants Signature: Date: Owner's Signature: (If not the same as applicant's) 6 _ s C. How will the proposed use promote a harmonious relationship of structures and open spaces to: the natural landscape: QV-O to existing buildings: other community assets in the area: O �� '� S pro eA . D. What measures are being taken that show the use will not overload the City's resources, including: 1 water supply and distribution system: sanitary sewage and storm water collection and treatment systems: No YYyy5 - fire protection,streets and schools: I v c> Ch e 1'-' S How will the proposed project mitigate any adverse impacts on the City�esources, as listed above? > CYA S 'O 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.) How does the project meet the special requirements? (Use additional sheets if necessary)? NU d Ve/Iel Les5or% ?�t m orl's evr- ✓'C" 0M . v�fi" loJ NO 5 4 t des . .J off' 1'YIZi(�� P�ivfi�� G° 5_ No QocA 5 C�,[ 5 si�CI 1��' e� -'hey error � ' Y'Y) C �!tid � LAS S o l(1 S �-� e� . _l . 041!� - -- 8. Special Permit Approval Criteria. If any permit criteria does not apply,explain why. A. How will the requested use protect adjoining premis against seriously detrimental uses? No L�1T�V1 e,S rYl�-'t � . 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? rA How will the project minimize traffic impacts on; Mvt santed roads in-t}h-e- area? �e744 �, `� O 1 Where is the location of driveway openings in relation to traffic and adjacent streets? o Ch -Z�Yid . What features have been incorporated into the design to allow for: access by emergency vehicles: YA 'ahec�and convenient ar�ngemes;of parkin and loading spaces 'Z^�Ck '�► ,of�� ode w�U �,(A� -A c t tw-d(n. provisions for persons with disabilities: e v wlnee,1 - C'�\ r 24 CGeSS 4 JS 1S CITY OF NORTHAMPTON U � ZONING BOARD OF APPEALS APPLICATION MAY 2 4 1. Type of Project: Y SPEC�XL PERMIT: rDEPT OF '�4ii3 g d cG 1�3o TIONS Home Occupation iv`fJi't�tA��rFn�r �F � r Accessory Apartment Historical Association/Society,et al Sign Attaching Accessory Structure to Principal Building 2 Permit is requested under Zoning Ordinance: Section Pg - 3. Applicant's Name: -J705P— Address: 62— i I�D.1(\ Telephone: �g 6- +7-2— 4. Parcel Identification. , ict: Street Addresses 5. Status of Applicant: IN/Owner; Contract Purchaser; Lessee Other (explain),}- 6. Property Owner: -Soe Address: Stmt, Telephone: g5,e, Zl�cY S hP�e 7. Describe Proposed Work/Proj t (Us additi nal sheets i necessary): Tlez►C,, v ��ve � ut r � �eSSo()� . �. Y-e- 01e st -?,A -S-P- s �v,rn1��' o S v e � 2..� Cam' W�� • Has the following information been included in the application? Site/Plot Plan List of requested waivers fee ($120.00) Signed dated and denied Zoning Permit Application 3 Anthony Patillo ., Building Inspector 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 Renewal of 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: Joseph Belmont- 62 Gilrain Terrace DECISION DATE: June 17, 1999 DECISION FILED WITH THE CITY RK: July 15, 1999 r ATTACHMENT A HOME OCCUPATION SPECIAL PERMIT FOR: JOSEPH BELMONT- 62 GILRAIN TERRACE, FLORENCE,MA 01062 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 11.11 - Home Occupation Special Permit Criteria, as follows: 1. The use is clearly incidental and secondary to the use of the building or property for residential purposes. 2. The work will be conducted by the principal practitioner who occupies the main building as his bonafide residence,with no other employees engaged in the occupation. 3. The use does not occupy more than forty(40%)percent of the gross floor area of the main building. 4. There will be no signs on the building. 5. There will be no goods offered for sale from the premises. 6. There will be no goods produced or manufactured on the premises. 7. . - The hours of operation shall be from 9:00 A.M. -9:00 P.M. 8. There will be no deliveries of products or materials to the premises. 9. The Home Occupation will not take place in an accessory structure. 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 the Home Occupation, a Certificate of Occupancy must be received from the Building Inspector for any structure, or portion thereof, used for s4id Home Occupation. 13. This Special Permit is issued to Joseph Belmont to teach guitar lessons as a Hoene Occupation at 62 Gilrain Terrace, and is non-transferable. 3 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 it will not change the exterior of the house. 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 11.11 of the 4YJnJ&Ordinance for Home Occupations (See Attachment A for criteria). F. The requested use bears a positive relationship to the public convenience and welfare by providing private instruction for guitar students. 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 for guitar lessons will promote City planning objectives to the extent possible by allowing a resident to work at home. Conditions imposed upon the project are as follows: 1. The applicant shall teach a maximum of fourteen students per week 2. The applicant shall conduct no more than six lessons in any one day. 3. The applicant shall keep a log of lessons. 4. All parking for the business must be off the street. 5. The hours of operation shall be 9:00 a.m. to 9:00 p.m., with no lessons beginning earlier than 9:00 a.m. or extending later than 9:00 p.m. The last lesson must begin at 8:00 p.m. and end by 9:00 p.m. 6. Only one lesson shall be conducted at a time. 7. A maximum of only two vehicles are allowed at any one time. 8. The Home Occupation Special Permit is only for guitar lessons and not to allow a studio or band rehearsal. 9. The days of operation shall be Monday through Saturday. 2 A/ Office of Planning and Development F' City of Northampton r City Hall - 210 Main Street Northampton, MA 01060 - (413) 587-1266 FAX (413)587-1264- EMAIL planningOcity.northampton.ma.us !E -Conservation Commission -Historical Commission -Planning Board • Housing Partnership Milo', i -Zoning Board of Appeals DECISION OF 0 W NORTHAMPTON ZONING BOARD OF APPEAL APPLICANT: Joseph Belmont g ADDRESS: 62 Gilrain Terrace DEPT SUIt i' R Florence,MA 01062 OWNER: Joseph Belmont and Sarita Belmont ADDRESS: 62 Gilrain Terrace Florence,MA 01062 RE LAND OR BUILDINGS IN NORTHAMPT 'T't r 'Wdo T6 iee`: MAP AND PARCEL NUMBERS , �:�... At a meeting conducted on June 17, 1999, the Northampton Zoning Board of Appeals unanimously voted 3 Q g rant the request of Josepb iaopt to Rtun�r: P " hhnder the provisions of Sections 1d0 and 11.11 in the Northampton Zoning Ordinance to teach guitar lessons as a Home Occupation at 62 Gilrain Terrace. Zoning Board Members present and voting were: Chair Mark NeJame, Vice Chair Larry Snyder and Bob Riddle. 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 it will take place in the home,with no signs advertising the business. No outward manifestation of the business will be visible. 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 student will be seen at a time, the number of students per week will be limited to fourteen, and there is ample room for client parking in the driveway. The applicant has taken steps to limit the traffic impact on the neighborhood by instructing his students not to drive down to the end of the cul-de-sac but to simply back out and exit toward Ryan Road and not to park in the road. 1 ORIGINAL PRINTED ON RECYCLED PAPER