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23D-157 (7) i City of Northampton, Massachusetts 0 ----- O Office of Planning and Development i r City Hall - 210 Main Street ;- C� - #w��..i ; �# Northampton, MA 01060 • (413) 586-6950 lr' Q [ TS� ,1 • FAX (413) 586-3726 "1 ' • Community and Economic Development f f NOV 2 ' r996 E mac. • Conservation •Historic Preservation • Planning Board•Zoning Board of Appeals Made-4:2P�� • Northampton Parking Commission - -- DE'RI it fiaii!;3G IFi: DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICANT: Kathleen S. Cowan, R.D. ADDRESS: 60 Hinckley Street Northampton, MA 01060 OWNER: Michael Kellogg ADDRESS: 60 Hinckley Street Northampton, MA 01060 RE LAND OR BUILDINGS IN NORTHAMPTON AT: 60 Hinckley Street MAP AND PARCEL NUMBERS: MAP #23D PARCEL #157 At a meeting conducted on October 16, 1996, the Northampton Zoning Board of Appeals unanimously voted 3 : 0 to grant the request of Kathleen S. Cowan for a SPECIAL PERMIT under the provisions of Sections 10. 10 and 11. 11 in the Northampton Zoning Ordinance, for a Home Occupation as a Registered Dietician at 60 Hinckley Street. Zoning Board Members present and voting were: Chair M. Sanford Weil, Jr. , Alex Ghiselin and Associate Member William R. Brandt. In Granting the Special Permit, the Zoning Board of Appeals found: A. The requested use for a Home Occupation protects adjoining premises against seriously detrimental uses because it will take place in the home, with no outward manifestation other than a small sign which conforms to zoning requirements. B. The requested use will promote the convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets and minimize traffic impacts on the streets and roads in the area because only one client will be seen at a time, and there is ample room for client parking on site. C. The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape, ORIGINAL PRINTED ON RECYCLED PAPER structures and open spaces to the natural landscape, existing buildings and other community assets in the area because it will not change the exterior of the house. D. The requested use will not overload or have any adverse impacts on the City's resources. E. The requested use meets the special regulations set forth under Section 11. 11 of the Zoning Ordinance for Home Occupations (See Attachment A for criteria) . F. The requested use bears a positive relationship to the public convenience and welfare by providing the services of a registered dietician. The Home Occupation will not unduly impair the integrity of character of the district or adjoining zones, nor be detrimental to the health, morals, or general welfare. The use is in harmony with the general purpose and intent of the Ordinance. G. The requested use for an office for a registered dietician will promote City planning objectives to the extent possible by allowing a resident to work at home. Conditions imposed upon the project are as follows: 1. All customers shall be presented with a mimeographed sheet informing them of the neighborhood speed limit and requesting them to observe the speed limit when visiting the business. 2 . No more than twelve customers shall be seen in any one day. 3. The hours of operation shall be 8:30 a.m. to 5: 00 p.m. 4. The applicant shall put up a sign stating "customer parking" to designate the customer parking space. 5. Customers shall not be allowed to park on Hinckley Street. ATTACHMENT A HOME OCCUPATION SPECIAL PERMIT FOR: KATHLEEN S. COWAN - 60 HINCKLEY STREET, NORTHAMPTON, MA In Granting the Special Permit, the Zoning Board of Appeals found that the requested use meets all special regulations set forth in the Zoning Ordinance, specifically Section 11.11 - Home Occupation Special Permit Criteria. In making this decision, the Zoning Board of Appeals found: 1. The use is clearly incidental and secondary to the use of the building or property for residential purposes. 2 . The work will be conducted by the principal practitioner who occupies the main building as her bonafide residence, with no other employees engaged in the occupation. 3. The use does not occupy more than forty (40%) percent of the gross floor area of the main building. 4 . There will be one sign on the building which shall i) not exceed one (1) square foot in area, ii) be attached to the structure next to or on the entryway for the Home Occupation, iii) not be illuminated. 5. There will be no goods offered for sale from the premises. 6. There will be no goods produced or manufactured on the premises. 7. The hours of operation shall be from 8: 30 A.M. - 5: 00 P.M. 8. There will be no deliveries of products or materials to the premises. 9. The Home Occupation will not take place in an accessory structure. 10. The Home Occupation shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference which would be detectable to normal sensory perception beyond the lot line. 11. The portion of the structure utilized for the Home Occupation conforms to all applicable Fire, Building, Electrical, Plumbing and Health Codes. 12 . Prior to the commencement of the Home Occupation, a Certificate of Occupancy must be received from the Building Inspector for any structure, or portion thereof, used for said Home Occupation. 13 . This Special Permit for a Home Occupation shall be renewed as required one year from the date that the occupation commenced. 14 . This Special Permit is issued to Kathleen S. Cowan for a Home Occupation as a Registered Dietician at 60 Hinckley Street, and is non-transferable. 0' Pursuant to Massachusetts General Laws (MGL) , Chapter 40A, Section 11, no 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, 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 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 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 and notice of said appeal filed with the City Clerk within twenty days (20) of the date of that this decision was filed with the City Clerk. Applicant: Kathleen S. Cowan - 60 Hinckley Street DECISION DATE: October 16 , 1996 DECISION FILED WITH THE CITY CLERK: November 21 , 1996 /1- � ' / ((ter/ 1‹. 6- .. sc' Ant.hory Patil Building Inspector A 96 CITY OF NORTHAMPTON ZONING BOARD OF APPEALS APPLICATION FOR: 1. Type of Project: I V SPECIA PERMIT; OCT 1 Home Occupation Accessory Apartment Historical Association/Society,et al Sign' Attaching Accessory Structure to Principal Building 2 Permit is requested under Zoning Ordinance:Section I 1. II Pg - 3. Applicant's Name: Ka 1-114e en S . Co(x'c.,n) R. D. Address: 40 i}e ncl., Sk rr_e.} Telephone:® r,il,5-04(0'7 off►'ce, 54)L1 -3...50 Z J 4. Parcel Identification: Zoning Map# q ) Parcel# lS 9 t Zoning District: L%t'1) Street Address: (P° j. .1( )c L.r c.\ `of ( IL3c \' , Q i u r- 5. Status of Applicant: Owner; Contract Purchaser; Lessee ✓ Other(explain) v"e S i`d-e('± 6. Property Owner: M iC*A Vie_tiocfs Address: (cc) 4i nc}�.kkk1 S{, Telephone: 5 S-Q.-1 t,47 7. Describe Proposed Work/Project (Use additional sheets if necessary): f-t -,vvtkL o cc a rc,--11'0 vl it, l'FXIs v,[ elt r n\5 -mac t'W ' ‘'1)'6'--1 cc(._)c(_,,1 6n 66 a. i ,ts�c c c\:1'L-Il \iCL41 . ****************************************************************************** Has the following information been included in the application? Site/Plot Plan List of requested waivers fee($120.00) 2 sets of labels (supplied by the Assessor's Office) Signed dated and denied Zoning Permit Application Three(3)copies of the Certified Abutters List from Assessors' Office. 1 8. Special Permit Approval Criteria. If any permit criteria does not apply, explain why. A. How will the requested use protect adjoining premises against seriously detrimental uses? (Ax c v) ct 1 _04 lei cc� J (C `)f)P\C(L3 , �incl}eC{ •110ll1S pry - 1 r How will the project provide for: _ 2 I' surface water drainage: y)o r bco✓)(6.I; sound and sight buffers: ,n o c)'1u.1n the preservation of views, light and air: v1 c> c B. How will the requested use promote the convenience and safety of pedestrian movement within the site and on adjacent streets? ,d pA/ c (NYC " icL¢k� n c rive — r'LAowe irvC { LL(s:v How will the project minimize traffic impacts on the streets and roads in the area? �� k i r�c� t Where is the location of driveway openings in relation to traffic and adjacent streets? What features have been incorporated into the design to allow for: access by emergency vehicles: r?/A the safe and convenient arrangement of parking and loading spaces /k 2 provisions for persons with disabilities: Al /0 C. How will the proposed use promote a harmonious relationship of structures and open spaces to: the natural landscape: 1/J/0 to existing buildings: 1,L1/t4 other community assets in the area: r,J 71,4 D. What measures are being taken that show the use will not overload the City's resources, including: water supply and distribution system: (k) I/AtLd sanitary sewage and storm water collection and treatment systems: fire protection, streets and schools: 1\-) IF\ How will the proposed project mitigate any adverse impacts on the City's resources, as listed above? it'I A E. List the section(s) of the Zoning Ordinance that states what special regulations are required for the proposed project (Accessory apartment, home occupation, accessory structure, etc.) ll 6.c< 71,0.1 l 1 , I I �'�O van L � c o`.✓l 3 How does the project meet the special requirements? (Use additional sheets if necessary)? �, ck F. Explain why the requested use will: not unduly impair the integrity or character of the district or adjoining zones: \ hci_: I C1-_Q_ 3) ix, (-6r{;0 A:24,5c, i`c -S not be detrimental to the health, morals or general welfare: be in harmony with the general purpose and intent of the Ordinance: r J G. Explain how the requested use will promote City planning objectives to the extent possible and will not adversely effect those objectives, defined in City master study plans adopted under M.G.L. Chapter 41, Section 81-C and D. 9. I certify that the information contained herein is true and accurate to the best of my knowledge.I(or the landowner if I am not the landowner) grant the Zoning Board of Appeals permission to enter the property to revi w thi app ea ' y( Date: 9/"2/yam Applicants Signature: ��� ,� � /�/4-4.2 Date: i/17 (y(r Owner's Signature: Att.A4 (If not the same as a plicant's) Attached: Question E. Section 11.11 Home Occupation Special Permit Criteria. 1. It is clearly incidental and secondary to the use of the building for residential purposes. 2. Business will be conducted by the practitioner who occupies the house as resident with no more than one other engaged in the occupation who is resident of house. 3. It does not occupy more than 40% of the gross combined floor area of the main building, and the accessory structure. 4. One sign may be displayed in the future advertising the Home Occupation provided. I understand this will not exceed one square foot area.,it will be attached to structure, and it will not be illuminated. 5. Goods will not be sold from the premises. 6. N/A. 7. The hours of operation are stated under application question 8, section A. for the Special Permit. 8. The hours of deliveries for products and materials are delivered via mail, UPS, or Federal Express and will be during the day 9:00 am to 6:00 pm. No Sunday deliveries. 9. N/A 10. This occupation will not produce noise,obnoxious odors,vibration,glare,fumes, or electrical interference. 11. The Home Occupation conforms to all applicable fire, building, electrical, plumbing and health codes. 12. A certificate of occupancy can be provided to the building commissioner. �. 5 83 FILE 9C# APPLICANT/CONTACT PERSON: (7 -��/ ( e ?L-- ADDRESS/PHONE: C j n _ PROPERTY LOCATION: -� • MAP �� PARCEL: /f 7 O ZONE ,...„K�/)�j TAT SECTION FOROFFICIAL USE ONLY: PERMIT APPLICATION CH le,CKLIST ENCLOSED REQUIRED DATE 7,ONTNCt FORM Fri.T.FD/(1T // 2 '/ Fee Paid �',� 5-1-1 Building Permit Filled nut 7/%727e ��1(-(1'-e Fee Paid Type of Cnnctrurtinn• New Cnnctrjietinn Remodeling Tnterinr Addition to Fxisting Arressory Structure Building Plans Tneliided• Owner/Occupant Statement or licence # 3 Sets of Plans /Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented/based on information presented Denied as presented: t' cial Permit and/or Site Plan Required un r: § U. 2--7V/J/ PLANNING BOARD ZONING BOARD Received& Recorded at Registry of Deeds Proof Enclosed Finding Required under:§ w/ZONING BOARD OF APPEALS Received &Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/ZONING BOARD OF APPEALS Received& Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval-Bd of Health Well Water Potability-Bd Health Permit from C nservatio ommi sion Signature of Building pector Da e NOTE:issuenoe of a zoning permit does not relieve an applioant's burden to oomply with all zoning requirements end obtain all required permits from the Board of Health, Conservation Commission, Department of Publio Works and other appiioeble permit granting authorities. * r �tiju�ilr„e,e L±hJAN23 VA.,/ Date Filed 1 • le-�* 0e,�"' File No. DEFT U LREl�iBTRATION_OF_HOME OFFICE/OCCUPATION (§10.2 & 11.11) With the Building Inspector 1. Name of Applicant: f y, Address: C; (-4 i r,c kl� � ?�(r.�}1 gytLm 4 vut p\ Telephone: ,p;5-Uti1�'1 2. Owner of Property: Address: I20 YCU vvvl Telephone: S- qco'7 3 . Status of Applicant: Owner Contract Purchaser Lessee g Other (explain: Owrie_y's c ic-1crieY, ck fi Y \cj,-e•n*- ) 4. Parcel Identification: Map I , Parcel # Zoning District(s) (include overlays) Street Address 5. Narrative Description of Pro/posed Home Office: (Use additional sheets if necessary) bccne c� T c tom, rnc,-o e 15+, F)(-)cr - szTc,i Vr;c- c,SL CDoW5e11iv- -kcey) \ rev st-ereck diQAi ?ck rct\i\-e , Cc: , cr ;` 6. Is this a legal residential building? ( YZ ) NO . 7. Will there be an employee/owner who doesn't live in the home YES ) 8. Will you ever see clients or customers at your site? NO How often ,P / ����bl � - � cli e � „�eF k_ �5 1�ou ��-�- For what purpos -Diclzlic Y IOVi•ic cn,:n %lll signsX " • 9. Will there be any for the Home Offic. YES NO 10. Will there be any goods sold from the premises or any sale of goods stored on premises, either retail or wholesale, or any display of goods on premises? YE NO 11. Will there be any outdoor storage of materials? 12 . Will your use be totally within a building and not cause any outward manifestation (including traffic generation, parking congestion, noise, air pollution, and materials storage) ? �S) NO If NO explain: 13 . Attach Plans (if applicable) 14 . Certification: I hereby certify that the information contained herein is true and accurate. I understand that if any information is incorrect, my permit is null and void and I may be liable for non-criminal f'nes and criminal and civil actions. Date: / � Applicant's Signature: G , 2.4-7 - - - - - - - - - -TH-IS SECTION- FOR USE ONLY: - - - - - - - - - OFFICIAL Approved as presented/based on information presented APPROVAL EXPIRES ON DECEMBER 31 OF THIS YEAR AND MUST THEN BE RENEWED X Denied as presented---Reason: Signature of Building Inspector Date NOTE: Issuance of a permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health,Conservation Commission, Department of public Works and other applicable permit granting authorities. r I; :i , JAN 2 3 t9.-3 ,W 1 File No. 9 �J— IJ I— 13S ZONING PERMIT APPLICATION (§10 . 2) �__. .. _.�.,... • PLEASE TYPE OR PRINT ALL INFORMATION 1. Name of Applicant: u-/Ahe i $T Z60 a_Ji/ , D, Address: ‘0 /4c,./e, S�ree / /Ot hItac f Telephone: �8q-330Z a Sr S-6 v / 2. Owner of Proper�: /!iJ ,P (7 ,- /a y Address: t6 ///AcK"� ��7-, 236r/ w-c/94v1 Telephone: 3 86-- 0��6 7 3. Status of Applicant: Owner Contract Purchaser Lessee x Other(explain): Oklvners SY ‘ i es.,1 .., re s i dre,4* 4. Street Address: Ze #(-7-ze,44,7,. ,, - Parcel Id: Zoning Map# Parcel# 1 , 7 District(s): ,�� I— (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure/Property 12c-6 /6Z,f_l /1y�1) 6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary): • ,f rx� 4442 //7 ��n > RoC7-, ,-' /.S/ /Clcr�• — S0�Ja-c :e. P -74P .4L-('Q /7o6re.e . lQ ,r e.9,P-e- ( .r.s,,-///7 /ir he"A, ff /•efiLr/cue c/ gi cri17-1.. �a/, /," (L4I4 , 7. Attached Plans: Sketch Plan Site Plan Engineered/Surveyed Plans Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files. 8. Has a Special Pyrmit/Variance/Finding ever been issued for/on the site? NO I// DON'T KNOW YES IF YES,date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and/or Document# 9. Does the site contain a brook, body of water or wetlands? NO ✓ DON'T KNOW YES . IF YES, has a permit been or need to be obtained from the Conservation Commission? Needs to be obtained Obtained ,date issued: (FORM CONTINUES ON OTHER SIDE) 10. Do any signs exist on the property? YES NO `/ IF YES,describe size,type and location: Are there any proposed changes to or additions of signs intended for the property?YES NO IF YES,describe size,type and location: 11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION. This cols to be filled by the Building Department Required Existing Proposed By Zoning Lot size Frontage Setbacks - frnnt - side L: R: L: R: - rear Building height Bldg Square footage %Open Space: (Lot area minus bldg &paved parking) pf -Parking Spaces it of Loading Docks Fill: (vol-ume -& location) 13 . Certification: I hereby certify that the information contain herein c, is true an accurate to the best of my knowledge DATE. APPLICANT's SIGNATURE , �� ,2, NOTE: 1 Jane o a zoning �permit does not relieve an �plio nYs burden to oorrfply with all Czoning requirements and obtain all required permits from the Board of Health, Conservation ommission, Department of Publio Works end other applioable permit granting authorities. `?` ; FILE # City of Northampton, Massachusetts Oo , 0 Office of Planning and Development $ City Hall • 210 Main Street "►4-►4k �i�- Northampton, MA 01060 • (413) 586-6950 $�; ;•ice;�.. FAX (413) 586-3726 r i ) •Community and Economic Development • 15.0.451 0" •Conservation •Historic Preservation r � • Planning Board•Zoning Board of Appeals AZP• Northampton Parking Commission TO: Anthony Patillo, Building Inspector RE: Permit application FROM: Laura Krutzler, Board Secretary/OPD DATE: October 1 , 1996 Would you please review and return the enclosed Special Permit application before the Planning Board/Zoning BoarT o� A )meeting scheduled for October 16 , 19950 that we can advise the Boards of any concerns you may have. alto,,/ Y i f Thank you. Anthcry Patillo Building Inspector