25C-162 (2) Northampton Zoning Board of Appeals
August 19, 1992 meeting
Bob Buscher said that although the applicant is doing business in
a residential zone which is usually not allowed, the applicant is
moving into a situation where an on-going business had been
conducted on the site for the previous 14 years and would probably
be grandfathered for business use. Buscher said he thought that
the proposed use of storage and office space would be substantially
less detrimental to the neighborhood than the previous use so he
would also vote in favor of the application.
Bill Brandt moved to approve the request for Finding because the
proposed new business will not be substantially more detrimental to
the neighborhood than the present use. Brandt moved to impose the
following conditions: -
1. There be no more than ten employees allowed in the
office. - M
2. There will be no storage of hazardous waste or hazardous
materials on site.
3. No vehicle maintenance gill be allowed on site.
Sandy Weil seconded the motion which passed unanimously.
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Northampton Zoning Board of Appeals
August 19, 1992 meeting
an abutter, Mrs. Gertrude Williams, 226 Florence Road. The
applicant contends that the new business will be less intensive and
thus less detrimental to the neighborhood than the_ previous
business located on the site.
Jack Finn, current owner of 210 Florence Road, said that for the
past 14 years he has operated Berkshire Biological Company on the
site. The primary business was supplying schools with live
biological specimens, such as crickets, fish, aphids, frogs, algae,
etc. Each week a large supply of kits would be shipped out, „
sometimes as many as 1,000 parcels per week were sent. Four or _
five employees worked full--time; but in the busier.seasons three or
four additional temporary employees would also be hired to help out
with the projects..
The applicant, Stanley Kochapski, would be running an electrical
contracting firm and is looking to relocate his office and have
space for storage. Kochapski said his employees keep their trucks
at home and drive themselves to the job site each day. Most
supplies are delivered to the job site, and only very occasionally
would the workers need to come to the office for anything. Sandy
Weil asked how many workers would be employed in the office, and
was told that there are currently four office employees who did
most of the paperwork and billing for the business. Bill Brandt
asked what type of waste would be expected, and was told that the
only types of waste would be cardboard boxes and paper-type waste.
There would be no hazardous waste. No signage was requested.
No one spoke in favor or in opposition to the project. Bandy Weil
moved that the public hearing be closed. Bill Brandt seconded the
motion which passed unanimously.
Sandy Weil read $9.3 (b) of the zoning ordinance which outlines
conditions for changes or alterations in pre-existing non-
conforming uses and noted that the proposed application for a
special permit for change in use would not be substantially more
detrimental to the neighborhood than the existing nonconforming
use. Weil said that he thought the project sounded innocuous and
he was prepared to approve the application.
Bill Brandt said he had no reason to think that the proposed
electrical contracting business would be any more detrimental to
the neighborhood than the current biological business, and he too
would vote in favor of the application. Brandt said the three
conditions which were proposed by the Planning Board
recommendations should be incorporated with a change in Condition
1 to read "No more than 10 employees shall be allowed to work in
the office, instead of the � employee limit which the Planning
Board suggested.
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City of Northampton, Massachusetts
Office of Planning and Development V
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 �9
•Northampton Parking Commission
ZBA meeting - August 19, 1992
Public Hearing on the request of Stanley Kochapski for a Finding
under S9.3 (b) , page 9-2 of the zoning ordinance for use of an out
building and barn for the purpose of indoor storage of supplies and
materials and office space for his electrical contracting and
design business at 210 Florence Road. Present and voting were:
Chairman Robert C. Buscher, William R. Brandt, and M. Sanford Weil,
Jr. Chairman Buscher opened the Public Hearing by reading a copy
of the Public Notice which was published in the Daily Hampshire
Gazette on August 5, 1992 and August 12, 1992. Buscher noted that
the Board had received one item of correspondence dated August 14,
1992 from the Northampton Planning Board which read as follows:
"At its meeting of August 13, 1992 the Northampton Planning
Board noted the site is on the City's drinking water aquifer
and voted unanimously to recommend that the ZBA approve the
request of Stanley Kochapski for a Finding for a change in use
in the accessory structures at 210 Florence Road with the
following conditions:
1. There be no more than five employees allowed in the
office.
2 . There will be no storage of hazardous waste of
hazardous material on site.
3 . No vehicle maintenance will be allowed on site."
Attorney Brad Shimel, of Wilhelm, Shimel & King, 74 King Street,
Northampton, represented the applicant for the hearing. Shimel
said both the applicant, Mr. Kochapski, and the current owner of
the property, Jack Finn were also present. Shimel said the
applicant was not asking for any changes in the structures. The
only change would be in use, from the current use, which is
Berkshire Biological, which primarily dealt with mail order of
biological specimens to public schools. Mr. Kochapski is an
electrical contractor and plans to use the barn and out-building
for office and storage space. The office space and storage should
create less of an impact than the current business. The current
business, Berkshire Biological, had employees working on site
assembling kits for mailing. There were daily pick-ups from U.P.S.
as well as deliveries which created more traffic coming and going
from the site than the proposed use would create. The area is a
fairly large parcel and well-screened from the neighborhood. The
applicant had received a letter in support of his application from
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Pursuant to Mass. General Laws, Chap. 40A, 511, no variance,
finding, or special permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have
elapsed after the decision has been filed with the City Clerk and
that no appeal 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 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.
The Northampton Zoning Board of Appeals hereby certifies that a
variance, finding, or 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 Mass. 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 you wish to appeal this action, your appeal must be filed
pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire
Superior Court and notice of said appeal filed with the City Clerk
within twenty (20) days of the date this Decision was filed with
the City Clerk.
DECISION DATED: August 19, 1992
DECISION FILED WITH CLERK: September 3, 1992
Robert Buscher, Chairman
William R. BraCntlt-
A-PI
M. Sanford Weil, Jr.
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City of Northampton, Massachusetts
Office of Planning and Development $
Clty 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 i9
•Northampton Parking Commission
DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
APPLICANT: STANLEY KOCHAPSKI
APPLICANT ADDRESS: 12 ORCHARD STREET, NORTHAMPTON, MA 01060
OWNER: JACK AND PRISCILLA FINN
OWNER ADDRESS: 210 FLORENCE ROAD, _NORTHAMPTON, MA 01060
RE LAND OR BUILDINGS IN NORTHAMPTON AT: 210 FLORENCE ROAD
At a meeting held on August 19, 1992, the Northampton Zoning
Board of Appeals voted unanimously to GRANT the request of Stanley
Kochapski for a FINDING under the Provisions of §9.3 (b) , page 9-2
of the Northampton Zoning Ordinance, for -use of an out building and
barn for the purpose of indoor storage of supplies and materials
and office space for his electrical contracting and design business
at 210 FLORENCE ROAD. Present and voting were Chairman Robert e
Buscher, William R. Brandt, and M. Sanford Weil, Jr.
The findings were as follows:
The requested change in use to an electrical contracting office and
storage will not be any more detrimental to the neighborhood than
the pre-existing non-conforming use which was a biological supply
company.
The Board noted that although the applicant will be doing business
in a residential zone, which is usually not allowed, the applicant
is moving into a situation where an on-going business had been
conducted on the site for the previous 14 years. The Board thought
that the proposed use of storage and office space would be
substantially less detrimental to the neighborhood than the
previous use because the new business should generate less traffic
coming and going from the site than the previous business.
CONDITIONS:
1. There be no more than ten employees allowed in the
office.
2 . There will be no storage of hazardous waste or hazardous
materials on site.
3 . No vehicle maintenance will be allowed on site. ��