06 -044 241 Haydenville Rd Zoning 2013-01-22
Attorney James Donnelly
Lyon & Fitzpatrick LLP
Whitney Place, 14 Bobala Road
Holyoke, MA 01040
January 22, 2013
re: 241 Haydenville Road
Attorney Donnelly,
As you requested, I have reviewed the status of the Girl Scouts of Central and Western Massachusetts, Inc. (the Girl Scouts) property at 241 Haydenville Road in Northampton. I have consulted
with Carolyn Misch, senior planner for the City of Northampton and Attorney Alan Seewald, solicitor for the City of Northampton.
I received a zoning permit application from Robert Abbatiello on December 12, 2012. I was asked to make a determination as to whether the subject property could be used for a number
of different purposes. I have attached a copy of that application. I made the determination, based on the various uses described in the application, that Mr. Abbatiello would need a
variance because the proposed activities would constitute a change of use. I have attached a copy of his application. I believe that determination is correct.
I have changed my opinion concerning the variance granted in 1965. I now agree with you that the variance is not limited to the Girl Scouts, nor is it limited to a use protected by the
GL 40A § 3. Business uses that do not involve seeing clients on a regular basis would be allowed at that location. The existing use as an administrative office for the Girl Scouts of
Central and Western Massachusetts, Inc. does not include seeing significant numbers of clients on the premises. This use would be best characterized in the Zoning Ordinance Table of
Use (350-Attachment 1:7) as ”Business offices including such uses as corporate offices, bank offices, and insurance processing and any other office excluding (my emphasis) medical,
banking and any offices where a primary function is to provide services to retail customers or individuals”.
My determination that Mr. Abbatiello will need a variance is based on my opinion that the activities proposed by Mr. Abbatiello are different than the existing use. Some of the uses
proposed by Mr. Abbatiello can be characterized as “Miscellaneous professional and business offices and services including, but not limited to, medical, legal, and other professional
services and finance, banking, insurance and real estate offices” and “Retail and personal services” (again, Table of Use 350-Attachment 1:7). These uses would have a significant impact
on the neighborhood, particularly in terms of the number of client visits and the corresponding increase in traffic. This would constitute a substantially different use (350-2.1, definitions)
of the property, a use that is not allowed in a Rural Residential district. The proposed uses I refer to are described in the application as “classroom and workshop place for natural
healing education and community interests, such as yoga, various exercise and martial arts”, “Practice space for affordable Community Acupuncture health service serving
veterans and families”, “Practice space for affordable Community Acupuncture health services serving veterans and families”, “Office space for Naturopathic and Acupuncture healing practices”
and “Office space for counseling services”.
I would be happy to meet with you to discuss this further. Please feel free to call me if you have any questions.
Respectfully,
Louis Hasbrouck
Building Commissioner
City of Northampton
(413) 587-1240
lhasbrouck@northamptonma.gov
CC Alan Seewald
Carolyn Misch
Mayor of Northampton