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38C-020 375 South Street-ZBA Finding Cancer Connection-2013Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2014-0004Date: October 11, 2013 APPLICATION TYPE:SUBMISSION DATE: Amendment9/16/2013 Applicant's Name:Owner's Name: NAME: NAME: CANCER CONNECTION INCDUPREY NICHOLAS & BETTY L ADDRESS:ADDRESS: PO Box 904 42 Locust St TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060EASTHAMPTONMA01027 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 527-5401 () (413) 586-3759 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 375 SOUTH ST URB(100)/WP(6)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 38C020001 Chapt. 350-9.3 (1) (D): Pre-existing TOWN:STATE:ZIP CODE: Nonconforming Structures or Uses May be Book:Page: Changed, Extended or Altered with a 10890117 PHONE NO.:FAX NO.: Finding from the Zoning Board of Appeals. EMAIL ADDRESS: NATURE OF PROPOSED WORK: USE HARDSHIP: CONDITION OF APPROVAL: 1)All site lighting except for one shall be removed and the light may only be illuminated during business hours and turned off no later than 1/2 hour after the close of business. FINDINGS: The Zoning Board of Appeals granted the Finding Amending the original permit granted to the property owner by allowing Cancer Connection Thrift Store retail operation to occupy a portion of the space that was previously approved for auto sales uses (section B) based on the materials and graphics submitted with the application. This amendment only changes the allowed use and further conditions the permit to remove all but one site light with timers to be placed such that the site lighting is turned off 1/2 hour after the close of business. All other conditions as stipulated in the original permit granted in January 2013 stand. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 10/10/2013 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 10/10/201310/10/201310/11/2013 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 5:40 PM MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toGrant David Bloombergvotes toGrant Sara Northrupvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: 3 MINUTES OF MEETING: Available in the Office of Planning & Development. I, 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 GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2014-0004Date: October 11, 2013 certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above. I 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. GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2014-0004Date: October 11, 2013 APPLICATION TYPE:SUBMISSION DATE: Amendment9/16/2013 Applicant's Name:Owner's Name: NAME: NAME: CANCER CONNECTION INCDUPREY NICHOLAS & BETTY L ADDRESS:ADDRESS: PO Box 904 42 Locust St TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPTONMA01060EASTHAMPTONMA01027 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 527-5401 () (413) 586-3759 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 375 SOUTH ST URB(100)/WP(6)/ TOWN:ADDRESS: ACTION TAKEN: NORTHAMPT0N MA 01060 Approved w/ Conditions MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 38C020001 Chapt. 350-9.3 (1) (D): Pre-existing TOWN:STATE:ZIP CODE: Nonconforming Structures or Uses May be Book:Page: Changed, Extended or Altered with a 10890117 PHONE NO.:FAX NO.: Finding from the Zoning Board of Appeals. EMAIL ADDRESS: NATURE OF PROPOSED WORK: USE HARDSHIP: CONDITION OF APPROVAL: 1)All site lighting except for one shall be removed and the light may only be illuminated during business hours and turned off no later than 1/2 hour after the close of business. FINDINGS: The Zoning Board of Appeals granted the Finding Amending the original permit granted to the property owner by allowing Cancer Connection Thrift Store retail operation to occupy a portion of the space that was previously approved for auto sales uses (section B) based on the materials and graphics submitted with the application. This amendment only changes the allowed use and further conditions the permit to remove all but one site light with timers to be placed such that the site lighting is turned off 1/2 hour after the close of business. All other conditions as stipulated in the original permit granted in January 2013 stand. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 10/10/2013 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 10/10/201310/10/201310/11/2013 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 5:40 PM MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toGrant David Bloombergvotes toGrant Sara Northrupvotes toGrant MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Sara NorthrupMalcolm B.E. Smith3Granted w/ Conditions MINUTES OF MEETING: Available in the Office of Planning & Development. I, 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 GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2014-0004Date: October 11, 2013 certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date above. I 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. GeoTMS® 2013 Des Lauriers Municipal Solutions, Inc.