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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. -3- 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. .Y -2- r 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 • ,Y -1- 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. -2- 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. ��