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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 -.- lO 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 o , ,�._ �, �` _�� 4 �_ t �.p 1 A .y W C � ,' � t � V a 1 l i O Q V t� C u � W s� Q h 'bate Filed Q Z A i 't✓ a tx�vrn T i a •tit 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 LL O Q v Ij C 1, L1 '� U za r) 0 M N i Q r ,n 0 h 4�., � ; 4 .� t- x `� .. f ..,. ., �.) •. s ... + �: 'l.f J.: .. t.'.. . ..,;::: ,�:�., 1�