23D-122 (6) aLtu. __‘ 6/1/1-4,A1
DECISION OF THE okiP '°Z ,NORTHAMPTON BOARD OF APPEALS
At the Northampton Board of Appeals meeting held on June 23, 1983, the
petition of Donald Valenta and John Svoboda for a Special Permit to sell guns
and ammunition from Mr. Valenta's home at 143 Federal Street, Northampton, was
denied due to a split decision of the Board.
Present and voting were Chairman Robert C. Buscher, William Brandt and
Dr. Peter Laband.
ti Based upon the evidence presented to the Board, the Board made the follow-
ing findings in regard to the Special Permit:
Chairman Robert C. Buscher found:
1. That the gun dealership would only be a convenience for the
applicants, enabling them to order firearms by mail;
2. that the operation meets the criteria for a home occupation;
3. that such a use would not overload public systems;
4 . that the use would not generate additional traffic; and
5. that it would not impair the character of the zone if it
is merely a hobby.
Chairman Robert C. Buscher voted in favor of granting the Special Permit
subject to the following conditions:
1. that the applicants receive a federal firearms license,
failing''such, the Special Permit would lapse; and
2. the activity was to be termed a hobby.
Dr. Peter Laband found:
1. that the permit be issued to the two applicants only; and
2. that the Special Permit be subject to yearly review by the
Board to prevent the use from becoming a nuisance.
Dr. Peter Laband voted to approve the petition.
William Brandt found:
1. The use is listed in the Table of Use Regulations;
2. the use does not bear a positive relationship to the public
convenience or welfare because guns sold in a Residential
Zone could be dangerous;
3. The proposed use would not increase traffic, nor would it
impair pedestrian safety;
4. the proposed use would not overload public utilities; and
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5. since there would be a lack of security in this Residential
Zone, the proposed use could be detrimental to the health,
morals, or general welfare of the residents of the area.
William Brandt voted to deny the petition stating that guns and ammunition
were not a home occupation. It was his opinion that a Variance should have been
applied for. Since the area is zoned Urban Residence B, businesses are not
allowed, and he sees the request for a home occupation as a way to circumvent
the more stringent requirements for a Variance.
Accordingly, since the vote was not unanimous, the application for a
;Special Permit was denied.
ROBERT C. BUSCHER, CHAIRMAN
Len-C
DR. PETER LABAND
'
,/)/-
WILLIAM BRANDT
AUG 191983
DEPT.OF BUILDING INSPECTIONS
NORTHAMPTON,MA.01060�