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Lillian & Thomas Miranda
417 Westhampton Road
Northampton, Ma. 01060
Cecil I. Clark
Building Inspector
City of Northampton
Office of the Inspector of Buildings
212 Main Street
Aunicipal Building
Northampton, Ma. 01060
March 14, 1979
Dear Mr. Clark,
In response to your letter dated March 1, 1979, please be advised
that we are not operating a business in a residential zone. Our
professional law office is located at 184C Northampton Street,
Easthampton, Massachusetts.
Very truly yours,
Ile
Lillian Miranda
Thomas Miranda
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March 1, 1979
Thomas & Lillian Miranda
417 Westton Road
Northagwton, Ma. 01060
Dear Mr. & Mrs. Miranda:
We have received information that You are in violation
of a City of Northampton Zoning Ordinance, specifically,
operating a business in a residential zone.
Please refer to the decision of the Northampton Board
of Appeals on November 309 19770 denying your request
for a variance to operate a professional law office in
an SR zoned area.
Your cooperation is requested in rectifying this sit-
uation.
very truly Yours,
Cecil I. Clark
BUILDING INSPECWR
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the granting of relief in this situation is not shown to be
"without substantial detriment to the public good" , and would
have the effect of "nullifying the intent of the ordinance"
which prohibits such uses.
If there are any questions with regard to this matter, please
feel free to contact me.
1
York Phillips, AIP
Planning Director
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cc: Thomas Miranda and Lillian Miranda
Cecil Clark, Building Inspector
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City of Northa,nipton, Massachusetts
Planning Department
Rm. 102 , Municipal ottice Bldg. 212 Main St.
F-lorthani ion, AAA 01050 (413) 584 0344 � � F � •��� {
o C Commission 0 Historical Commission
o Planning Board oZoning Board of Appeals
November 8, 1977
Mr. Charles W_. Dragon
Chairman
Board of Appeals
Northampton, MA 01060
OPINION OF THE PLANNING BOARD IN THE MATTER OF -
Request of Thomas and Lillian Miranda for a variance to operate
a professional office in an SR zone -
At its meeting of November 2, 1977, the Planning Board voted
unanimously to transmit to the Board of Appeals its opinion that
the subject application be denied. The Board noted that of
particular importance was the fact that the proposed application
did not meet the specific criteria established by state law
dealing with variances. In applying these criteria to the case in
question, the Board noted that the conditions which created the
difficulty were not conditions which "especially affected" the
subject parcel. The inability to operate a professional office in
a residential zone is a condition which exists on all parcels of
land throughout the SR District and, it fact, through three other
residential districts as well. The Board also noted that the
hardship which was expressed in the application is one that is not
a consequence of the "literal enforcement of the provisions of the
ordinance" , but is a function of a separate non-zoning related
decision made by the applicant. The Board further noted that the
Attachment -A
10. district, because of its gaze and facilities, it has never been
used solely as
a residence. The parcel consists of a great deal o-
acreage and has ample off street re6t parking as well as ample entrancel
and exit facilities. The maximum anticipated Client--le that would
be seen on a Weekly basis is 5 to 6 clients .
In light of these factors , �a literal enforcement of the zoning
by laws would involve substantial hardship to Petitioners
financially unable at this time , who are"I
practice. Petitioners feel t e to afford office space for their
parcel and the professional due to the special nature of their
sional nature of
their proposed business that
they could carry on their practice w'-
ithout any substantial impact
on the property rights of others in the area and without substantial
detriment to the Public good. Further, petitioners feel that such
proposed use of their Property would neither nullify or substantially
derogate from the intent and purpose of the zoning by laws.
all
OCT 19 19T*7
INSPEcrioN DEPT.
NORTHAMPTON, MASS.
0 ...CITY OF NORTHAMPTON
� 0
ZONING PERMIT APPLICATION ® Tax Map No. 36 Lot �2
Zoning Ordinance Section 10.2 Received: File No. Plan File
1_111U ZI-L i. ra.1,111 Partnership
Joseph Myers, Madeline Myers,
Applicant
Thomas Miranda + Lillian Miranda
Owner T romas—M zicrar, rii 1i8i -M rTuTa r -
Address I1 Z Westhampton Rd. Address 107 Westhamr)tnn Rd.
Telephone .584 1282 Telephone 58)1 12 A2
This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations:
(Z.O. ARTICLE VI)
Zoning Use Lot Front Depth Setbacks Max. Bid. Min. Op.
District Area Width Front I Side Rear Cover Space
Past Existing % %
Present SR Proposed 30 ac ,J45 1156' Existing % %
Mark the appropriate box to indicate the use of the parcel:
❑ Non-Conforming Lot and/or Structure. Specify
❑ Residential ❑Single Family Unit ❑Multi-Family
❑ Duplex ❑ Other
❑ Business
❑ Individual
❑ Institutional
❑
❑ Subdivision Regular El P.U.D.
❑ Cluster ❑ Other Agricultur-e
❑ Subdivision with "Approval-Not-Required"-Stamp:
❑ Planning Board Approval:
❑ Zoning Board Approval (Special Permit 10.9: Variance)
❑ City Council (Special Exception S. 10.10)
Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes -T] No
Parking Space Requirements: (Z.O. Sect. 8.1) Required Proposed
Loading Space Requirements: (Z.O. Sect. 8.2) Required Proposed
Signs: (Z.O. Art. VII) Yes ❑ No
Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes IX No
Plot Plan ❑ Yes ❑ No Site Plan ❑ Yes ❑ No
(S. 10.2) (S. 10.2 and 10.11
Waiver Granted: Date ❑
This section for OFFICIAL use only:
❑ Approval as presented:
❑ Modifications necessary for approval:
❑ Return: (More information needed)
❑ Denial: Reasons: Article V ng 10 para�Zranh 13
Signature of Applicant Date Signature of Admin. Officer Date
TH E^PRlw,T ING RR.%55
Assessor's Map
11. List of Abutters: Address Sheet No. Parcel
1. M-EY and Richard Lizee al 14e'sthampton Rd 36 7
2.1amca F'_ and Christine Wmnrpk 383 WPsthamntnn Rd 36 71
3. �6 74
4Anna M. Cote 472 Westhampton Rd. 4-J 2
5 Harold E. Garlo 570 Westhampton Rd 43
6 Robert J. and Helen Dostal Westhampton Rd. 43 29
7 Kenneth M. and Mary Ann Cernak 456 Westhampton Rd-43 31
8 Carl G. and Linda Erikson 408 Westhampton Rd-43 3
g Ralph and Martha G. Kellett 121 Hillside Ave. 43 52
10. Nutley, N .J. 07110
11. GAry Home Builders Realty Trust 36 156
Lawrence and Lorraine Paro Trustees 36 175
12.
Agawam, Ma.
13.
14.
15.
16-
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
THo PRN11oG PRE55
Attach additional sheets, if necessary) -
p aces Application Number:cked Filed Fee Pd. Rec'd. ZBA Maps) Parcel(s)
By Date By Date Date Amt. Date By Date
n e Q
WMPWUG%l I®ff EREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
NORTHAMPTON, MASS,
1. Name of Applicant 'Shomae tvr; _Ada end i,illian Miranda
Address I117 WPsthamjtor Rd.
2. Owner of Property Joseph Myers, Madeline Myers, Lillian Miranda,Thomas Miranda
Address II17 Westhampton Rd- Northampton
3. Applicant is: XOwner; ❑Contract Purchaser; F1 Lessee; ❑Tenant in Possession.
4. Application is made for:
)LARIANCE from the provisions of Section ' page , T of the Zoning Ordinance of the
City of Northampton.
[--',SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance
of the City of Northampton.
-]OTHER:
5. Location of Property 417 Westhampton Rd. being situated on
the r side of Street; and shown on the Assessors' Maps,
Sheet No. 36 Parcel(so 72
6. Zcne SR
7. Description of proposed work and/or use; Professional Law Office
8. Sketch plan attached; F]Yes C1 No
9. Site plan: '__,IAttched F 'Not Required
10. Set fforth�easons upon which application is based: A WarianoQ is required to nnPrate
a ro essional law office in an SR zoned area,
-Ron-rd-
of Appeals has authority under MGL c UO A to grant a variance.
The particular parcel of land in question is farm 7_anr nuns; sting
*continu- ed on attached-sheet.,
11. Abutters (see instructions; list on reverse side of form). Attachment A
12. 1 hereby certify that information contained herein is true to the best of my knowledge.
Date ,zz Applicant's Signature
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