34-004 (15) operation began the additional use was unlawful, because at all
times since at least May 18, 1971 a special permit has been required to
use the premises for quarrying purposes and such a permit has never
been granted. It follows that the uses to which the premises are
presently being put are not pre-existing uses subject to the provisions
of G.L.C. 40A § 6 and Article IX of the Zoning Ordinance. That is
because use of the premises as a gravel pit was a permitted use both
before and after the adoption of the current zoning ordinance and their
use as a quarry has at all times been unlawful. Nonconforming uses
are defined by the ordinance as uses lawfully existing at the effective
date of the ordinance, and not non conforming to one or more
provisions of the ordinance."
Therefore since the use of Turkey Hill Road as a quarry is not legally pre-
existing non-conforming and no special Permit has been issued for the current
operation of a quarry operation, you are ordered to cease and desist immediately
those operations until such time as a Special Permit has been issued by the
Northampton Planning Board in accordance with Section 5.2 and 11.1 of Northampton
Zoning Ordinances. You are also hereby fined $100 for violation of Northampton Zoning
Ordinance 5.2 & 11 1 and will be fined $100 for each day the violation continues.
Appropriate actions will be taken against anyone who violates the ordinance including,
trucks transportation quarried product from site.
You may Appeal this decision to the Northampton Zoning Board of Appeals
If you have any questions please contact me at 587-1240.
Sincerely,
Anthony Patillo
Building Commissioner
City of Northampton
CC: J Sheppard, Fire Chief Duggan, G. Andrikidis, and Mayor Higgins
CeRT-if- - TAB,-F 709? 3#60003 5-(o-7 313
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3
permit would be renewed annually, this was done until 1975. There was an
additional stipulation by the Planning Board to maintain a bond in the amount
of$5,000; this bond has been renewed continuously since then.
b. The current zoning was adopted on July 22, 1975 and chapter 44 was revised.
The new ordinance, section 5.2 use regulations allow the removal of sand and
gravel, quarry, processing and treating of raw materials with a special permit
from the Planning Board. Section 11.1 (17) of this ordinance requires that to
continue an operation beyond the initial one-year permit a new application
must be granted in the same manner as the initial permit. Section 11 .1 (18)
also states that existing operations under a permit, prior to adoption of the
1975 ordinance, may continue until the expiration of the permit, except
that any expansion or change in operation not covered by such previous
permit shall require conformance with the above regulations. The permit
granted was last renewed in 1975 and has since expired and to this date no
renewal application has been received by the city, nor has any permit
application been received for the expanded area of operations at Turkey Hill.
c. The 1971 permit was for operations on the south side of Turkey Hill Road ,
gravel removal and quarrying operations on the north side of Turkey Hill
Rd. have not been authorized by any city board.
d. Valley Aggregates appealed to Superior Court, Judge John F. Moriaty in April
1990 in a civil action against the Northampton Zoning Board of Appeals
seeking a declaratory judgment that certain relief sought by Valley Aggregates
had been constructively granted (Superior Court Civil Action No. 89-113).
The judge made his findings of fact that was entered on June 1, 1990. The.
findings of fact issued by the Judge Moriaty contained the following:
1. "The present uses of the Turkey Hill Road Property are not pre-
existing non-conforming uses capable of being extended by a finding.
At the time when the current zoning ordinance was adopted in 1975,
the Turkey Hill Road property had the benefit of a special permit that
allowed it to be used as a gravel pit. Such a use had been subject to
further regulation under the provisions of Section 29 of Chapter 44 of
the revised Ordinances of Northampton prior to the adoption of the
new ordinance, and it continued to be the subject to such further
regulation under Section 11.1 of the new ordinance, but for zoning
purposes its use as a gravel pit was and continued to be a conforming
and not a non-conforming use. Gravel pits are permitted in RR zoning
districts with a special permit from the Planning Board. It is not clear
from the evidence when its owner began to use the property as a
quarry, in addition to its use as a gravel pit. It is a fair inference,
however, that it was sometime after May 18, 1971 when the special
permit to use it as a gravel pit was granted. If the premises were
already being used for rock quarrying as well as gravel pit purposes at
that time, a special permit for both purposes would have been sought
and probably granted. It follows that whenever the quarrying
2
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�' DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street • Municipal Building
Northvnpton,MA 01060 '
September19, 2000
Mr. Ron Dahle
Valley Aggregates
164 Brickyard Road
Farmington, CT 06032-1202
Labrie Asphalt & Construction Inc.
23 Authur Street
Easthampton, MA 01027
Subject: Cease and Desist Quarry Operations at Turkey Hill
Road Map 34 Parcels 002 &004
Valley Aggregate Corporation,
The operation of a gravel pit and quarry operation in a RR district requires a Special
Permit from the Northampton Planning Board. Our office has received-numerous
complaints that you have expanded the areas of operation of the gravel pit to the north
parcel and that you are now also performing quarrying on site.
I have reviewed your file and find the following:
a. The operation of the gravel pit and quarry at Sylvester Road is a use that
requires a special permit. The owners of the property obtained from the city
in 1971 a special permit that was required under Northampton's previous,
Zoning Section 29 - Chapter 44. The permit was required for the removal of
topsoil, gravel and sand in quantities greater than ten (10) cubic yards. On
January 4, 1971 James F. Wzorek applied to the Board of Appeals for a permit
under the provisions of Section 11 of Chapter 44 of the City of Northampton.
He stated in his application that he intended to use the south side of Turkey
Hill Road as a travel bank in connection with his concrete business. He
also applied for a use variance to conduct a related business in conjunction
with the gravel bank operation. The Board of Appeals granted the Special
Permit for gravel bank but denied the use variance, the ZBA had no
requirements for the issuance other than a statement that the use shall not be
"impervious, noxious, or offensive to the neighborhood" and that a public
hearing must be held on the application. The date that this special permit by
the ZBA was granted was May 18, 1971 and filed in the City Clerk's office on
June 4, 1971. Mr. Wzorek was also granted a permit from the Planning Board
to "remove topsoil, earth, sand and gravel, clay or stone in excess of 10 cubic
yards." from the Turkey Hill property. The permit was granted after public
hearing on August 12, 1971 with the stipulation that the Planning Board
1