114 South Main St 2012-08-23
City of Northampton Massachusetts DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street ● Municipal Building Northampton, MA 01060 Nancy Denig 114 South Main Street Florence, MA 01062 August
23, 2012 23B-069 re: Residential use of barn at 114 South Main Street Ms Denig, I have reviewed your request for a certificate of occupancy for the barn on your property at 114 South
Main Street in Florence that includes allowing a residential use. I must decline your request. The barn may have been used as a dwelling unit in the past but based on the information
I have, the nonconforming use has been abandoned. The City of Northampton Zoning Ordinance states, ABANDONMENT The cessation of a nonconforming use as indicated by the declared or otherwise
apparent intention of an owner to terminate a nonconforming use of a structure or lot; or the removal of characteristic nonleasehold equipment used in the performance of the nonconforming
use without its replacement within six months by similar equipment or furnishings; or the cessation of a nonconforming use or structure caused by its replacement with a conforming use
or structure. A nonconforming use which has been abandoned for a period of two years cannot be reestablished. (See also the definition of "discontinuance" below.) DISCONTINUANCE The
cessation of a nonconforming use unless evidence is provided that the property has been actively and continuously marketed during such time and said marketing has contemplated the continuation
of the nonconforming use. A nonconforming use which has been discontinued for a period of two years cannot be reestablished. (See also "abandonment" above.) Further, Massachusetts General
Law, Chapter 40A section 6, paragraph 3 states: A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years
or more. I base my determination on information provided by the Northampton Assessor’s office, by the information available in our files, by the terms of building permit number BP-2009-0439
issued by our office in March of 2009 and the letter from our office to you dated December 15, 2010 regarding the 2009 permit. Respectfully, Louis Hasbrouck Building Commissioner City
of Northampton (413) 587-1240 lhasbrouck@northamptonma.gov