06-037 ZBA decision December 12 1984DECISION OF
ZONING BOARD OF APFLAI.S
At a mco Ling held on Docemher 12, 1989, 11
or the City o£ Northampton voted unani
r , mous ly I �., y tl,
]It 'vI of Gloria 9 'uperkeizsis, 311 Ilaydenvi Le kcal
to 1 1",lrucL e building at her home to Ix used a II In) N rr_dmpLSn
Ch q ere:
e art of dame. Preseut and vot,n ' r st I'd �., t t ..h cliff Idro,;
w I<ohe rl Im,iiu r,
',so"'(] L !,abag and Charles Maguire. Chaino a
'Che findings were as follows
R. Buscher, re fer einy to Section 10 .10, found a home <;, vive
,r occu-
pation is allowed by special permit in a SR zone, howe a
vc t, ttar read inri L;,c
definition e dome Service Occupation in the Zoning Ordinn
ucc, Lpnnd t',at
does not reside Mrs. Tope ri does not meet the r_ondi lions listed as her u',h ter who
e at the premises, is the principal Le aahar, wi lh 51 rs. Yup
keizsis managing the business end. He also read the definition o Home
Occupatiou and also felt those conditions were not met. Ile Found the
requested use bears a positive relationship to Tire public con vmiie,,,:e, as
there is demand for teaching dance, but that Mrs. Ilperkoiz"s ,;fated thet
she does have an alternative space for the dance classes, that Lhe requested
use would not create any undue traffic con 9es lion or impair p'o , ;man
safety, as the requested use would not overload maurcipal sy,L.ms and tSat
the proposed addition would make the dwelling more than ., home, operating
as a commercial enterprise and is not in keeping with the Ordinance.
R. Laband found the applicant does not fall undue the df ini Liou of
Hone Service Occupation; e that any restrictions for hours of operation world
be unenforceable and the requested use would not be in harmony with the
intehL of the Ordinance by Flaring a commercial bus inesv in a ces iyen tia 1.
zone.
C. Maguire concurred with the other Board members finding the ceques Led
use immediate not listetl and inconsistent with the residential cha
arcter of the
immediate ne ighburhood, and undermining the purposes of the zoning provision.
Robert r. Bue the r, Chairman
J Yc tr r Labagd h _�
Magr ire —
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DECISION OF THE
NORTHAMPTON BOARD OF APPEALS
The Northampton Board of Appeals met on June 20, 1983, and
unanimously voted to deny the petition of Thomas Tuperkeizsas
to use his property at 311 Haydenville Road for the sale and
repair of used cars.
Present and voting were Chairman Robert C. Buscher, William
(Brandt and Dr. Peter Laband.
Based on evidence presented to the Board and evidence
received by a visit by each of the Board members to the site at
issue, the following findings in regard to the variance request
were made:
I. While there are conditions affecting this parcel which
create a hardship for the petitioner, specifically,
its failure to pass a percolation test, relief may not
be granted without substantially derogating from the
intent of the Zoning Ordinance due to the fact that the
proposed use, notwithstanding the small size of the
operation, would be incompatible with this Suburban
Residence Zone.
2. A substantial hardship was not proven by the petitioner.
3. Failure to pass a percolation test was not unique to
this particular parcel, but rather affected several other
lots in the area.
4. The applicant- petitioner was unable to show that the
property cannot be used for any other purpose.
the The Northampton Board of Appeals voted unanimously to deny
Petition of Thomas Tuperkeizsas.
The meeting was adjourned at 7:30 PM.
�� Robert c, Bu , chairman
William Brandt
1 � `2
Dr. Peter Lab nd
OBSERVATION PITS p — � e
REQUESTED BY: ML Arthur Egan
LOCATION: Rte- #4 (Mdine�s Hilll
MAILING ADDRESS:
DATE: 11/3/79 OBSERVER:
1'0"
1
6'0"
Groundwater (dq `9"
Perc Rate 26.6 min. inch for
the first three inches
Groundwater
Pero Rate
Groundwater
Peru Rate
Groundwater
Peru Rate
* Overnight Test
ALAiER HI'NTIF.Y, Ta, & ASSPCIATES, INC