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36-072 (12) °4 C �' u t 1 E i 7 I I IN 1 t � II f e'a 1. CD i 4 r �. .} ol f S} J6-- / 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 cc. lm/tm file F R.' k ✓ afa.:.... a .. s4+n� ,.. .. Y a't y�R P�=,:' �:. is 5� __ ... .. l.w M .. .... .. ....tx. ... ,. .. C •t,; r w .f.' a :�S t 3c- 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 l jw cc: Law Dept. file s +r 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 YLP/ckf cc: Thomas Miranda and Lillian Miranda Cecil Clark, Building Inspector 2 - r r 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 r