30A-076 (9) PLANNING AND DEVELOPMENT - CITY OF NORTHAMPTON
Cita Hall• 21 o Main Street • Nortbampton�MA o f oho •(413)587-1266 - Fax:(413)587-1264
wayreFeiden,Director-email:planning@citg.northampton.ma.us -internet:www.city.northampton.mams
J I
Ru SEP 2 71999 '
EPT OF S
DW _i riS
DECISION OF N0RTHPIN',,;..T`j`9�.
NORTHAMPTON ZONING BOARD OF APP LS
APPLICANT: Dondi Ogden Ahearn and Francesca Arroyo-Moyano
APPLICANT'S ADDRESS: 32 Main Street,Apt. 42-44
Brattleboro, VT 05301
OWNER: Barry Elbaum
OWNER'S ADDRESS: 25 Prospect Street
Hatfield, MA 01038
RE LAND OR BUILDINGS IN NORTHAMPTOx` '
ASSESSOR'S MAP and PARCEL NUMBERS:,—'
At a meeting conducted on September 23, 1999, the Northampton Zoning Board of
Appeals unanimously voted 3:0 to GRANT the request of Dondi Ogden Ahearn and Francesca
Arroyo-Moyano for a VARIANCE to allow a residential use in a GI district at 340 Riverside
Drive.
Zoning Board Members present and voting were: Chair Mark NeJame, Bob Riddle and Associate
Member William Brandt.
In GRANTING the request for a Variance, the Zoning Board of Appeals found:
1. There are circumstances relating to the soil conditions, shape or topography of the land or
structures especially affecting such land or structure but not generally affecting the
zoning district in which it is located because a zoning district boundary line runs through
the middle of the property. Also, the existing building is small and does not lend itself to
industrial use.
2. A literal enforcement of the Ordinance would create a hardship, financial or otherwise,
because, without a Variance, it would be difficult to use the property because of the split
zoning and the small size of the existing building, which limits its industrial potential.
This hardship is not self-created.
planning board-conservation commission -zoning board jappeals -honsing partnership -redevelopment aHtyority
-economic development-commt nitrdevelopment-bistoricdistrict commission -historicalcommission -nortbampton GIS
origin at printed on recgcted paper
N .
/ N
3. Relief can be granted without detriment to the public good because the intended use of
the property is residential, and the building is located across the street from a residential
area.
4. The granting of this Variance would not nullify or substantially diminish the intent and
purpose of the Ordinance.
5. The request is for the smallest relief possible.
No conditions were imposed on this Variance.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11,I,Laura Krutzler,Board Secretary, hereby
certify that I caused copies of this decision to be mailed,postage-prepaid, to the applicant
and owner on September 27, 1999.
2
Y
Pursuant to Massachusetts General Laws (MGL), Chapter 40A, Section 11, no Variance, or any
extension, modification or renewal thereof, shall take effect until a copy of the decision bearing
the certification of the City Clerk that twenty days have elapsed after the decision has been
filed, or if such an appeal has been filed that it has been dismissed or denied, is recorded in the
Hampshire County registry of Deeds or Land Court, as applicable and indexed under the
name of the owner of record or is recorded and noted on the owner's certificate of title. The fee
for such recording or registering shall be paid by the owner or applicant. It is the owner or
applicant's responsibility to pick up the certified decision from the City Clerk and record it at the
Registry of Deeds.
The Northampton Zoning Board of Appeals hereby certifies that a Variance has been
GRANTED and that copies of this decision and all plans referred to in it have been filed with the
Planning Board and the City Clerk.
Pursuant to Massachusetts General Laws, Chapter 40A, Section 15, notice is hereby given that
this decision is filed with the Northampton City Clerk on the date below.
If anyone wishes to appeal this action, an appeal must be filed pursuant to MGL Chapter 40A,
Section 17, with the Hampshire County Superior Court or the Northampton District Court and
notice of said appeal filed with the City Clerk within twenty days (20) of the date that this
decision was filed with the City Clerk.
APPLICANT: Dondi Ogden Ahearn &Francesca Arroyo-Moyano - 340 Riverside Drive
DECISION DATE: September 23, 1999
DECISION FILED WITH THE CITY CLERK: September 27, 1999