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18C-048 (26) A motion to reverse the Building Inspector's decision was made and seconded on the following grounds: I. The Northampton Nursing Home is in violation of the first paragraph of Section 12.1 of the Northampton Zoning Ordinance in that the use is being conducted in a manner as to emit glare (or environmental pollution in the form of light pollution)in an amount as to affect adversely the surrounding environment. II. The Northampton Nursing Home is in violation of Section 12.1(A) of the Zoning Ordinance, which requires that emissions must be completely and effectively confined within the building or so regulated as to prevent any nuisance, hazard, or other disturbance from being perceptible(without the use of instruments) at any lot line of the premises on which the use is located. III. The Northampton Nursing Home is in violation of Section 12.1(F)of the Zoning Ordinance, which provides that no direct or sky-reflected glare shall be hazardous or obnoxious, nor shall the lamp of any non-municipally-owned outside floodlight or spotlight be visible from a residential structure in a residential zone on another property. The motion to reverse the Building Inspector's decision failed by a vote of 2:1, with Chair Mark NeJame and Bob Riddle in favor and Larry Snyder opposed. The Building Inspector's decision was thereby upheld. CERTIFICATE OF SERVICE Pursuant to M.G.L. Chapter 40A, Section 15, I,Laura Krutzler, Board Secretary, hereby certify that I caused copies of this decision to be mailed,postage-prepaid, to the applicant and owner on May 18, 2000. M Ife-76 DECISION FOR AN APPEAL OF THE BUILDING INSPECTOR'S DECISION UNDER MGL CH. 40A, SECTIONS 8 AND 15 On 4 b l) ,the Northampton Zoning Board of Appeals voted: ( - a' To %k? •"T the action of the Northampton Building Commissioner in determining that the lights at the Northampton Nursing Home are in compliance with Section 12 of the Zoning Ordinance, for property located at 737 Bridge ad, also known as Northampton Assessor's Map 18C, Parcel 48. r V !A ra q T E � 2000 s 3 MAY i 8 OEpf JF p'J!1 r AG Ea FCMONS NO Decision Made: April 27, 2000 Decision Filed With the City Clerk's Office on: May 18, 2000 Anyone aggrieved of the decision may file an appeal in accordance with MGL Ch 40A, Section 17,with the Hampshire County Superior Court or the Hampshire County District Court and file notice of said appeal with the City Clerk within twenty(20)days of the date that this decision was filed with the City Clerk. This decision shall not 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 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.