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32C-219 (29) E. The proposed change of use and alteration of the structure does not meet the criteria of §9.3 for the issuance of a Finding. Issues for discussion: Does this apply if the work is internal and the use was determined to be allowed by right, with plenty of parking available, as determined by the Building Commissioner,by approving the permit? C. The proposed use is not an educational activity under MGL Ch. 40A §3. Issue for discussion: Section 3 of 40A states "No zoning ordinance or bylaw shall... regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic , or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of the structures, and determining yard sizes, lot areas, setbacks, open space, parking and building coverage requirements. 1. Court rulings have stated that a "nonprofit educational corporation" within the meaning of the statute qualifies as such if the corporations articles of organization stated that corporate purposes include education or an educational component. Does ServiceNet meet this requirement? 2. Courts have also ruled that the statute(40A)prohibits zoning ordinances from barring the use of land for educational purposes by non-profit educational corporations. Is this within the Articles of Organization? 3. Did the Building Commissioner correctly determine that there were no additional "reasonable regulations" that could be imposed on the proposed use, concerning the bulk and height of the structures (no external changes were being proposed), the determination of the yard size, lot area, setbacks, open space, building coverage requirements (no external changes were being proposed that would effect these items) . Did the Building Commissioner correctly determine that there were no additional "reasonable regulations" that could be imposed on the proposed use, concerning parking. Applicant stated that 53 parking spaces were available for use of the premises. Although not located on the lot, the owner has been leasing parking from an adjacent site for many years (prior to the Zoning Ordinance requiring a Special Permit for this). Until 1990, the only person requiring to give permission for shared parking was the Zoning Administrator(Building Inspector). Many permits were issued for new uses, without requiring additional parking. D. Pursuant to 9.2 the Zoning Ordinance applies to the proposed change of use and alteration of the present non-conforming structure. Issues for discussion: Does this apply if the work is internal and the use was determined to be allowed by right, with plenty of parking available, as determined by the Building Commissioner, by approving the permit? City of Northampton, Massachusetts t" MP7O Office of Planning and Development �. City Hall • 210 Main Street Northampton, MA 01060 • (413) 586-6950 FAX (413) 586-3726 •Conservation Commission•Historical commission �t •Housing Partnership•Parking Commission • Planning Board•Zoning Board of Appeals TO: Zoning Board of Appeals FR: Paulette L. Kuzdeba, AICP, Senior Planner RE: 123 Hawley Street- Appeal of the Building Inspector's Decision DA: October 29, 1997 The decision before the Zoning Board tonight needs to be based upon: 1. The specific items (A- E)raised within the appeal document; 2. The information/testimony received during the hearing; and 3. Whether or not the actions taken/interpretations made by the Building Commissioner, with regard to the Zoning Ordinance and MGL Ch.40A were correct. The five issues raised within the Appeal were as follows: A. The Zoning Permit Application relied upon by the Building Inspector contained false and/or inaccurate information. Issue for discussion: If you find that this statement is true, do you believe that the Building Commissioner would have reached a different conclusion,with different information shown? Are the errors significant enough to determine that a different conclusion would be reached? B. As per the Table of Use regulations of§5.2,page 5-2, of the Zoning Ordinance, the proposed use as an overnight cot shelter is not an allowed use. Issue for discussion: Did the Building Commissioner make a proper determination that the proposed use is an "Educational use which is religious, sectarian, denominational or public or other use?" This use is allowed (by-right) in the SI district. See next item. ORIGINAL PRINTED ON RECYCLED PAPER