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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 — � T, An+i,1, ' oN �F G,.n�r �e n,.F nr,�d;c, F, /s� zr•. 1� IFZ'i Si + iAr�wq� 6 +nsr 2�.s ,u.ri.q 4�JOm Weoo o,g,Lny, etTCRiiR Nod "Ae rj wq J0 C"So,, . i1N ftsY •wg d�..,c $cidto air NNyd c.� ✓�� �`� tic EDS� yn n' S� /Y�y4 T 0 d # +c - — T mss, a JI "i #37 I .8 SCALe X 2 0 439 311 HAYDENVILLE R❑ LEED5 MA55. 41261 B 3. g IA ,___- - LAC— k - :'�,- •- ,�- .+r'�' -y.. �.- G'.- . --�, ,.. �... L -__ �. 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