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30A-076 (9) PLANNING AND DEVELOPMENT - CITY OF NORTHAMPTON Cita Hall• 21 o Main Street • Nortbampton�MA o f oho •(413)587-1266 - Fax:(413)587-1264 wayreFeiden,Director-email:planning@citg.northampton.ma.us -internet:www.city.northampton.mams J I Ru SEP 2 71999 ' EPT OF S DW _i riS DECISION OF N0RTHPIN',,;..T`j`9�. NORTHAMPTON ZONING BOARD OF APP LS APPLICANT: Dondi Ogden Ahearn and Francesca Arroyo-Moyano APPLICANT'S ADDRESS: 32 Main Street,Apt. 42-44 Brattleboro, VT 05301 OWNER: Barry Elbaum OWNER'S ADDRESS: 25 Prospect Street Hatfield, MA 01038 RE LAND OR BUILDINGS IN NORTHAMPTOx` ' ASSESSOR'S MAP and PARCEL NUMBERS:,—' At a meeting conducted on September 23, 1999, the Northampton Zoning Board of Appeals unanimously voted 3:0 to GRANT the request of Dondi Ogden Ahearn and Francesca Arroyo-Moyano for a VARIANCE to allow a residential use in a GI district at 340 Riverside Drive. Zoning Board Members present and voting were: Chair Mark NeJame, Bob Riddle and Associate Member William Brandt. In GRANTING the request for a Variance, the Zoning Board of Appeals found: 1. There are circumstances relating to the soil conditions, shape or topography of the land or structures especially affecting such land or structure but not generally affecting the zoning district in which it is located because a zoning district boundary line runs through the middle of the property. Also, the existing building is small and does not lend itself to industrial use. 2. A literal enforcement of the Ordinance would create a hardship, financial or otherwise, because, without a Variance, it would be difficult to use the property because of the split zoning and the small size of the existing building, which limits its industrial potential. This hardship is not self-created. planning board-conservation commission -zoning board jappeals -honsing partnership -redevelopment aHtyority -economic development-commt nitrdevelopment-bistoricdistrict commission -historicalcommission -nortbampton GIS origin at printed on recgcted paper N . / N 3. Relief can be granted without detriment to the public good because the intended use of the property is residential, and the building is located across the street from a residential area. 4. The granting of this Variance would not nullify or substantially diminish the intent and purpose of the Ordinance. 5. The request is for the smallest relief possible. No conditions were imposed on this Variance. CERTIFICATE OF SERVICE Pursuant to M.G.L. Chapter 40A, Section 11,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 September 27, 1999. 2 Y Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Variance, 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, 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 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. 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. The Northampton Zoning Board of Appeals hereby certifies that a Variance 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 Massachusetts 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 anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A, Section 17, with the Hampshire County Superior Court or the Northampton District Court and notice of said appeal filed with the City Clerk within twenty days (20) of the date that this decision was filed with the City Clerk. APPLICANT: Dondi Ogden Ahearn &Francesca Arroyo-Moyano - 340 Riverside Drive DECISION DATE: September 23, 1999 DECISION FILED WITH THE CITY CLERK: September 27, 1999