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23A-056 45-47 Maple Street ZBA FINDINGZoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2010-0018Date: February 17, 2010 APPLICATION TYPE:SUBMISSION DATE: Commercial Finding12/15/2009 Applicant's Name:Owner's Name: NAME: NAME: Guy PettitRICE E MILTON & ELIZABETH A ADDRESS:ADDRESS: 104 South St., Apt. 2RP O BOX 24 TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE: NORTHAMPT0NMA01060WILLIAMSBURGMA01096 PHONE NO.:FAX NO.: PHONE NO.:FAX NO.: (413) 268-3283 () EMAIL ADDRESS: EMAIL ADDRESS: Site Information:Surveyor's Name: STREET NO.:COMPANY NAME: SITE ZONING: 45 MAPLE ST URB(100)/ TOWN:ADDRESS: ACTION TAKEN: FLORENCE MA 01062 Denied MAP:BLOCK:LOT:MAP DATE: SECTION OF BYLAW: 23A056001 Chapt. 350-9.3 (1) (D): Pre-existing TOWN:STATE:ZIP CODE: Nonconforming Structures or Uses May be Book:Page: Changed, Extended or Altered with a 1924210 PHONE NO.:FAX NO.: Finding from the Zoning Board of Appeals. EMAIL ADDRESS: NATURE OF PROPOSED WORK: Grandfather bldg. As preexisting nonconforming mixed use. HARDSHIP: CONDITION OF APPROVAL: FINDINGS: The Zoning Board of Appeals voted 2-1to deny the request for the Finding. The Findings of the Board under Section 9.3 for the change from a non-conforming commercial use were as follows: The Zoning Board of Appeals could not find that the change would not be substantially more detrimental to the neighborhood than the existing nonconforming use. The Board denied the request of the Finding by the applicant based on a preponderance of evidence at the hearing from the abutters that the pre-existing commercial uses had been extinguished and thus an expansion of the use as requested would constitute a new non- conforming use. The Board heard testimony from many abutters who had never seen any activity in the ground floor space which had been identified by the applicant as the former "hobby shop"/retail space. Further, the current owner of the space could not supply to the satisfaction of the board any financial records, tax records or other to show that a business was in operation at the site. The Board heard from the owner that no inventory had been purchased since 2004 and that items were only sold. Copies of receipts submitted from EBAY showed an account at an off-site address and could not definitively indicate that the actual business was operational at the subject site. COULD NOT DEROGATE BECAUSE: FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE: 12/15/20091/9/20102/11/20102/25/2010 REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE: 1/2/20102/18/20102/11/20102/25/20103/9/2010 FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE: 12/31/20091/14/20102/11/20102/17/2010 SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE: 1/7/20102/25/20103/25/2010 MEMBERS PRESENT:VOTE: Malcolm B.E. Smithvotes toDeny David Bloombergvotes toGrant GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc. Zoning Board of Appeals - DecisionCity of Northampton Hearing No.:ZBA-2010-0018Date: February 17, 2010 Bob Riddlevotes toDeny MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION: Malcolm B.E. SmithBob Riddle2-1Denied MINUTES OF MEETING: Available in the Office of Planning & Development. I, Carolyn Misch, as agent to the Zoning Board of Appeals, certify that this is a true and accurate decision made by the Zoning Board Administrator and certify that a copy of this and all plans have been filed with the Board and the City Clerk on the date shown above. I certify that a copy of this decision has been mailed to the Owner and Applicant. ___________________________________ The appeal period for residential findings granted by the Zoning Board of Appeals Zoning Administrator are thirty (30) days from the date of the decision. All appeals are heard by the full Zoning Board of Appeals. GeoTMS® 2010 Des Lauriers Municipal Solutions, Inc.