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23A-291 (2) Zoning Board of Appeals - Decision City of Northampton Hearing No.: ZBA -2012 -0009 Date: November 15, 2011 1, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above. 1 certify that a copy of this decision has been mailed to the Owner and Applicant. NOTICE OF APPEAL An appeal from the decision of the Zoning Board may be made by any person aggrieved and pursuant to MGL Chapt 40A, Section 17 as amended, within (20) days [30 days for a residential Finding] after the date of the filing of this decision with the City Clerk. The date of filing is listed above. Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of Northampton. N V 1 5 ; !011 December 6, 2011 I, Wendy Mazza, City Clerk of the City of Northampton, hereby certify that the above Decision of the Northampton Zoning Board of Appeals was filed in the Office of the City Clerk on November 15, 2011, that twenty days have elapsed since such filing and that no appeal has been filed in this matter. / Attest: (..--.1/1.4/dy City Cl City of Northampton GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. Awns?: EA10 w,. REGISTER PATRICIA A. P Zoning Board of Appeals - Decision City of Northampton Hearing No.: ZBA -2012 -0009 Date: November 15, 2011 APPLICATION TYPE: SUBMISSION DATE: Commercial Finding 10/13/2011 Applicant's licant's Name: Owner's Nam : 111111 e 111111111i1111111f pp NAME: NAME: 1 ' Sheryl Fappiano HICKS KATHERINE M Bk: 10741 Pg: 202 Page: 1 of 2 ADDRESS: ADDRESS: Recorded: 12/07/2011 09:42 AM 141 Kennedy Rd 190 NONOTUCK ST TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: LEEDS MA 01053 FLORENCE MA 01062 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Surveyor's Name: STREET NO: SITE ZONING: COMPANY NAME: 190 NONOTUCK ST TOWN: ACTION TAKEN: ADDRESS: FLORENCE MA 01062 Grant MAP: BLOCK LOT: MAP DATE: SECTION OF BYLAW: • _23A 291 000 Chapt. 350 -9.3 (1) (D): Pre - existing TOWN: STATE: ZIP CODE: • Book: Page: Nonconforming Structures or Uses May be _5786 224 Changed, Extended or Altered with a PHONE NO.: FAX NO.: Finding from the Zoning Board of Appeals. EMAIL ADDRESS: NATURE OF PROPOSED WORK: ADULT DAY HEALTH CARE HARDSHIP: CONDITION OF APPROVAL: • FINDINGS: The Zoning Board of Appeals granted the Finding based on the materials and graphics submitted with the application. The Findings of the Board under Section 9.3 for the change to a non - conforming use were based on the plans and information submitted with the application. The Board found the following: 1. The proposed project did fall under section 9.3. 2.. Under section 350 -9.3 found that the change did not involve a sign (see § 350 -7 for signs) and the change does not increase the nonconforming nature of the property and does not create any new zoning violation (such as further reducing a setback or minimizing open space). COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: 'DECISION DRAFT BY: APPEAL DATE: 10/11/2011 11/5/2011 11/24/2011 REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: 10/29/2011 12/17/2011 11/10/2011 11/24/2011 12/5/2011 FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: 10/27/2011 11/10/2011 11/10/2011 11/15/2011 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: 11/3/2011 5 :30 PM 11/24/2011 1/21/2012 MEMBERS PRESENT: VOTE: Elizabeth Silver votes to Grant Malcolm B.E. Smith votes to Grant Bob Riddle votes to Grant 'MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: Malcolm B.E. Smith Elizabeth Silver 3 Approved MINUTES OF MEETING: Available in the Office of Planning & Development. GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc. File # MP- 2012 -0028 APPLICANT /CONTACT PERSON FAPPIANO SHERYL ADDRESS/PHONE 141 KENNEDY RD (413) 695 -8233 Q PROPERTY LOCATION 190 NONOTUCK ST MAP 23A PARCEL 291 000 ZONE THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid /0 O „ /J Building Permit Filled out Fee Paid Typeof Construction:_ZPA - ADULT DAY HEALTH CARE New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/ Statement or License 3 sets of Plans / Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRESENTED: Approved Additional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER : § Intermediate Project : Site Plan AND /OR Special Permit with Site Plan Major Project: Site Plan AND /OR Special Permit with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* Received & Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Commission Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management cam - 1. 1 Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health, Conservation Commission, Department of public works and other applicable permit granting authorities. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of Planning & Development for more information.