16A-010 474 Spring St. Permit Zoning06 "Zszo5 09:49am P. 002:
MEMORANDUM
TO: Bob Riddle, Chair, Zoning Board of Appeals
FR: Ned Huntley, P.E., City Engineer - Department of Public Works jk_
DA: August 12, 2005
RE: File: 498 Spring Street — Detached Accessory Apartment w/ garage & studio
CC: file
The Department of Public Works has reviewed the above referenced application for the following items:
Traffic:
• Volume & Impact on City Street
• Roadway Capacity
Adequacy of City Road Construction
• Site Distances
• Parking
• Driveway Openings
Utilities:
_Drainage Into City Stormwater System
Capacity of Stormwater Line
x Sanitary Sewer
x Water
Other:
The Department of Public Works has the following comments:
No Concerns, project will not have an impact on any items reviewed
Traffic Study is required
Roadway does not have adequate capacity to handle the additional traffic
Roadway is not adequately constructed to handle proposed increase in traffic
Site Distances are not adequate for proposed project
Parking spaces do not meet minimum requirements
Parking spaces are too close to driveway opening
Driveway openings are not adequate for proposed use
City stormwater system is not adequate to handle increase in drainage
Stormwater system does not meet minimum requirements for reduction of Total
Suspended Solids (TSS)
• Sanitary Sewer line is not adequately sized for proposed use — no connection is shown
• Sewer Iine connection is not properly shown — Only one connection into the City sewer
will be allowed New building must tie into existing privy re service.
• Water line is not adequately sized for proposed use — no connection is shown
• Water line connection is not properly shown— no connection is shown
• Other Comments:
• Water line to new unit must be through the present structure, after the meter.
The new structure will not be allowed to have a separate meter and/or water
connection.
IW
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DECISION OF
NORTHAMPTON ZONING BOARD OF APPEALS
At a meeting held on July 31, :99_, the Zoning Board of
Appeals of the City of Northampton voted unanimously to GRANT
the request of Simin D. Bahrehmar-d- pia = ekniaz for a Special
Permit under the Provisions of Section 1_.11 of the Northampton
Zoning Ordinance, to allow a home cccu:ation, specifically a
beauty salon, to be carried on in a dwelling located at 474
Spring Street, Leeds. Present and c —: were Chairman Robert
C. Buscher, William R. Brandt, and M. Sanford Weil, Jr.
The findings were as follows :ela =ive to the §10.10
requirements:
1. The requested use is listed in the Table of Use
Regulations.
2. The requested use bears a pos'_:ive relationship to the
public convenience.
3. The requested use will not create md::e traffic congestion,
inasmuch as there will be only four or =ive customers a day,
most of them neighbors who may walk to t,ieir appointment.
4. The requested use will not overload any municipal system.
5. The requested use will not impair -he integrity of the
zone.
The findings were as follows :ela to the §11.11
requirements:
1. The beauty salon is clearly inciden-al to the use of the
building as a residence.
2. The occupation will be conducted by the principal
practitioner who lives in the residence, with no more than one
non - family employee.
3. The beauty salon will occupy one -hal-f of the two -car
NORTHAMPTON ZONING BOARD OF APPEALS DECISION
SIMIN D. BAHRMDUM- MALERNIAZ SPECIAL PERMIT APPLICATION
PAGE TWO
garage, which is far less than 40% of the gross floor area of
the structure.
4. A sign is allowed. It is to be no larger -han one square
foot, and attached to the building near the entrance to the
beauty salon.
5./6. Beauty products (shampoo, etc.) --a•: he sold on the
premises, even though they are manufactured elsewhere.
7./8. Hours of operation and deliveries are united to 8 a. m.
to 6 p. m., Monday through Saturday.
9. through 13. are met.
14. This Special Permit is issued to this applicant for this
business (beauty salon) only, and is not trams°.erable.
Robert C. Buscher, Chairman
William R. dt
M. Sanfo d Weil, Jr.
Northampton Zoning Board of Appeals
-uly 31, 1991 Meeting
Pace one
=he Northampton Zoning Board of Appeals met at 9:25 p. m. on
Wednesday, July 31, 1991 in Council Chambers, Wallace J. Puchalski
Municipal Building, 212 Main Street, Northampton to conduct a
Public Hearing on the Application of Simin D. Bahrehmand- Malekniaz
For a Special Permit under the Provisions of Section 11.11 of the
Northampton Zoning Ordinance to allow a home occupation (beauty
salon) to be conducted at 474 Spring Street, Leeds. Present and
voting were Chairman Robert C. Buscher, William R. Brandt, and M.
Sanford Weil, Jr.
Ch. Buscher opened the Public Hearing by reading the Application,
the Legal Notice, and a memorandum from the Northampton Planning
Board. The Applicant made a brief presentation, saying, This will
*e a small home occupation in an existing building. There will be
a slight modification to the interior to accommodate the business.
Six cars can park in our driveway. We create no noise. The
.neighbors will be our customers - -no additional traffic. One
"erson, possibly two people, will be employed- -two for safety
reasons."
Mr. Weil asked how many customers a day were anticipated, and was
-old, "Three to five is our estimate. Neighbors from Fairway
Tillage, by appointment." Ch. Buscher inquired about the square
Footage the beauty parlor would require, and was told, "One half of
the two -car garage. We will put up a wall to divide the garage."
Mr. Brandt inquired, "Do you plan on selling products ?" The
Applicant replied, "Yes, shampoo, etc. ". Mr. Brandt commented,
"That's not allowed by the ordinance. What will your hours of
business be ?" The Applicant replied, "Most of the neighbors work
days, and it's more convenient after 4 p. m., so we'd like 8 a. m.
to 6 p. m., Monday through Saturday." Mr. Brandt inquired about a
sign, and was told that a 1' x 2' or 2' x 2' sign was contemplated.
Mr. Brandt told the applicant that a one square foot sign was the
maximum size allowed, and it must be attached to the house.
There were no other proponents present, and only one opponent,
Charlene Lee. 103 Fairway Village She told the Board, "I am
somewhat disconcerted by the appearance of a business next to our
condos. His assertion that traffic will not increase seems
specious to me. I see the area as one of convenient quiet living,
undisturbed by commercial enterprises. This will start a trend in
the other direction. The number of employees, sign, traffic and
parking must be in concrete form before you grant this permit."
She complained about an "agricultural, landscaping business" near
the entrance to Fairway Village. Mr. Weil instructed the Building
Inspector, who was present, to look into this apparent violation.
Mr. Malekniaz replied, "The 92 condo units tax that area with
traffic. Our business will not tax the area. This is a single
dwelling, and I have to put up with traffic from 92 condos. There
is no possibility for us to expand." Ms. Lee added, "If you
Northampton Zoning Board of Appeals
July 31, 1991 Meeting
Paqe Two
approve, I'd make the rules absolutely clear so everyone can
monitor.
Mr. Weil moved that the Public Hear =ng be closed. Mr. Brandt
seconded, and the motion passed unanimously.
Mr. Weil went to the Section 10.10 criteria, and found that the
requested use was indeed listed in the Table of Use Regulations;
the requested use bears a positive relationship to the public
convenience; four or five neighbors a day, by appointment, will not
create undue traffic congestion; there will be no overload of any
municipal systems; and the requested use will not impair the
integrity of the zone. He found the Section 10.10 criteria to all
be met. He then turned to Section 11.11 and read it in its
entirety. Looking to the 14 numbered criteria, he found: 1) It
is; 2) One non - family employee is allured; 3) It will occupy far
less than 40%; 4) A one - square foot non - illuminated sign is
allowed, attached to the building 5) Let's discuss later; 6)
Later; 7) 8 a.m. to 6 p.m., Monday through Saturday; 8)
Deliveries same hours as hours of operation; 9) OK; 10) OK;
11)OK; 12) OK; 13) OK; 14) This permit is issued to this
applicant for this particular business.
Mr. Brandt commented, "I'd vote in favor. I'll go along with all
the restrictions of 11.11. I'd let them sell products - -we have
allowed people in the past to sell products not manufactured on the
premises. Their business would be hurt if they couldn't sell
beauty products. The Special Permit must be renewed after one year
of operation - -the neighbors will then have the opportunity to air
complaints, if they have any."
Ch. Buscher added, "I'd vote in favor. As to selling products, we
have at least two precedents. Items 05 and #6 are contradictory."
Mr. Brandt noted, "All of Northriver's restrictions are met." Ch.
Buscher commented, "I heard the opponent's concern about traffic.
I think the one year time period will tell. I'd vote in favor."
Mr. Brandt moved that the request for a Special Permit be granted.
Mr. Weil seconded, with the stipulation that all the requirements
of Section 11.11 had been met,but sales of beauty products are
allowed. The motion passed unanimously.
Also present, in addition to those mentioned, was R. J. Pascucci,
Board Secretary. /.
Robert C. Birscher, Chairman
�• , CITY OF NORTHAMPTON
ZONING BOARD OF APPEALS
NORTHAMPTON, MASSACHUSETTS 01060
DATE: AUG 2 2 Iffi
C ertificate of Granting of Variance or Spec Permit
(General Laws, Chapter 40A, Section 1
THE ZONING BOARD OF APPEALS OF THE CITY OF NOR HEREBY
CERTIFIES THAT A VARIANCE OR SPECIAL PERMIT HAS BE2- 'RANTED:
TO: SIMIN D. BAHREHMAND - MALEKNIAZ
ADDRESS: 474 SPRING STREET
CITY: LEEDS MA 01053
AFFECTING THE RIGHTS OF THE OWNER WITH RESPECT TO =1tiT. OR
BUILDINGS AT: 474 SPRING STREET, LEEDS.
And the said Zoning Board of Appeals further cer_:r_:s that the
decision attached hereto is a true and correct copy =- :=s decision
granting said Variance/ Special Permit, and that zop_es of said
decision, and all plans referred to in the deci= =or., have been
filed with the City Clerk.
The Zoning Board of Appeals also calls to the a en:ion of the
owner or applicant that General Laws, Chapter 40A, Se 4 -- on 11 (last
paragraph) provides that no Variance or Special =en-it, or any
extension, modification or renewal thereof, shall t= =°fect until
a copy of the decision bearing the certification of the City Clerk
that twenty days have elapsed after the decision has been filed in
the Office of the City Clerk and no appeal has been =i_ed or that,
if such appeal has been filed, that it has been d_smissed or
denied, is recorded in the Registry of Deeds for :he county and
district in which the land is located and indexed in the grantor
index under the name of the owner of record or _ 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.
ZONING BOARD OF APPEALS OF THE CITY OF NORTHAMPTON
By:
Robert C. Buscher, Chairman R. J. Pascucci, Secretary
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SPECIAL PERMIT APPLICATION
File No.
1. Issuing Authority ZBA Planning Board City Council
2. Name of Applicant -
Address 474 Spr ing Ct I PPCIs M nin53 Tel noi[
3. Owner of Property Simi n D. Bahrehmand -Mal ekni az
Address: 474Spr St M a 1Qn53 Telephone: 9&
4. Status of Applicant x Owner Contract Purchaser
Lessee other (explain: )
5. Parcel Identification Zoning Map Sheet# 16A Parcel# 10
Zoning District(s) ,
Street Address
6. Special Permit is being requested under Zoning Ordinance
Section 11.11 , Page 11 - 29
7. Narrative Description of Proposed Work /Proiect (Use
additional sheets if necessary) Home occupati on- Beauty Salon
N o addition to the existing structure is required for this purpose
ran A section of the existing structure with minor interior used
C0A0G,
8. State How Work /Proyosal Comglies with Special Permit Criteria :
(See Applicant's Guide and use additional sheets if necessary) .
The use requested is listed in the table of use regulations as a t P; vial
J -, permit case. Spring street is not a major road and i relatively ramot
9. Attached Plans _ Sketch Plan x Site Plan
None Required
10. Abutters (See instructions. Use attached abutter's list)
ort
11. Certification I hereby certify that I have read the GUIDE TO
APPLYING FOR A ZONING VARIANCE, SPECIAL PERMIT OR FINDING and
that the informa contained herein is true and accurate to
the best of my D !ca e d R
Date : ,1 r1 l a X A nt' s
S!
gnat
. N 1 81991
0
3/90
to the n ighbors. Statement of support by neighbors is attached.
Dade Filed S - 4 File No', 4
ZONING P NI041T APPrilCATION
,Zoning ordintince 3ebtion 10 ,2
1, Name of A Mrs.Simin Bahrehm Malekniaz
Address 4 74 Spring Street, Lee c. TelephonQ ; -
2 . Owner. of Pr. oiler. ty : Same
Address : Same � _ 'Telephone
3, ci of Applicant X _ O1,mer Contract Purchaser
Lessee Other (e::pl.ain: )'
4. Parcel l dentif.icat jgn: Zon.i,ng 4ap Sheet# P'areel,# 18
Zoning District (s) (l A '
Street Address Same
5, romnli.ance with Zoni.nct 'Existing Proposed
Use of Structure/ pr
Size of Structure (sci, ft, )
- Building height
Building Coverage
Setbacks - front
- -side
�i - rear
Lot Size
Frontage
Floor Area Ratio
Open Space
Parking Spaces
Loadin ' g Spaces
Signs
Fill (volume & Location)
6.. TTarratiZe Descri.ntion of Pr.o»o — se d w or,�c /p eot; (u
addit� final sheets if necessary) airsdlon
xistin section of the hous e a - rg h
to allow for the customer parking without using the pu i c roa or 'par �g
enc;osea n ntP d Abutters support statement is
7. Attached Plans X Sketch Plan X Site Plan
a, Certification T hereby certify that the ih�ormation,contained
herein is true and accurate to the best o� 'MY .knowledge,
Date; 5/16/1991 Applicant s Signature: _
THIS SECTION FOR OFFICIAL USE ONE Yr
J
.'Approved as presented
Denied as presented
Reason for Dental:
Signature of Building Inspector.. ate
' ' ; ' .. • ,' �� 'I 8 1981' . ' , '
CITY CLERKS OFFICE
NORTHA PTON MASS. 01060
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