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34-004 (18) i'. I! Creighton Appeal-8129190 did not apply to the Board of Appeals for a finding authorizing the expansion of the non-conforming use by the addition of the stone crushing operation. 8 . The stone crushing operation is a illegal expansion of the non-conforming use. Therefore, the Board of Appeals unanimously votes to uphold the appeal of Sarah Creighton. The Board specifically finds that the stone crushing operation with related machinery is an illegal expansion of the non-conforming use. The Board instructs the Building Inspector to enforce the Zoning Ordinance as to the operations of Valley Aggregates, Inc. on Turkey Hill Road. fD (_rU �' NORTHAMPTON ZONIN BOARD OF APPEALS IIIj t t CEP 51990 ` _Z_ lliam R. Brandt, Chairman CITY CLERKS OFFICE NORTHAMPTON.`AASS.01060 -G t M. Sanford Weil, Jr. Robert Reckman CERTIFICATE OF CITY CLERK April 29 , 1991 I, Christine Skorupski, City Clerk of the City of Northampton hereby certify that the above Decision of the Zoning Board of Appeals was filed in the Office of the City Clerk on March 22, 1990, that twenty days have elapsed since such filing and that no appeal s been filed this matter. Attest Christine Skorupski City Clerk City of Northampton 2 RECEIVED-RECORDED 9 45 AM DECISION OF NORTHAMPTON BOARD OF APPEALS HAMPSN r,t_ ' LINTY REGISTRY OF DEEDS At a meeting held on August 29, 1990, the Zoning Board of Appeals of the City of Northampton discussed the appeal filed by Sarah Creighton in accordance with Chapter 40A, Section 8, of the General Laws. Ms. Creighton is appealing the failure of the Building Inspector to act on her complaint dated December 13 , 1989, which alleged that valley Aggregates, Inc. was operating a quarry and a gravel bank on Turkey i oad in violation of the Zoning Ordinance. Present and voting were Chairman William R. Brandt, M. Sanford Weil, Jr. , and Robert Reckman. The Board made the following findings of fact: 1. The gravel bank/quarrying operation is a pre-existing non- conforming use since it appears that gravel removal began on the site prior to 1949 when a special permit requirement was imposed for gravel bank operations. 2 . Between 1971 and 1975 the areas on both the north and south sides of Turkey Hill Road were acquired by James Wzorek who operated a gravel bank on the site. 3 . Between 1971 and 1975 the Northampton Zoning Ordinance permitted the expansion of a non-conforming use on the same parcel of land with the permission of the Building Inspector. Between 1975 and 1977 expansion of a non-conforming principal or accessory use was permitted by right on the same parcel of land. No zoning relief from the Board of Appeals was , necessary. 4 . In 1978, the Zoning Ordinance imposed the requirement of a finding from the Board of Appeals on any expansion of a non- conforming use. 5. Sufficient evidence was presented that gravel removal operations were continuous on the south side of Turkey Hill Road from 1949 until the present. Those operations may have been minimal during a certain period of time between 1960 and 4,0 ' ' 1970, but were still adequate to avoid a presumption of an y intent to abandon the gravel bank use. =o .? 6 . Gravel bank operations, including blasting, were expanded � ;! to the north side of Turkey Hill Road prior to 1978. d t- '!! Therefore, the use acquired the protection of non-conforming e� o ;! status on the north side as well as the south side of Turkey Hill Road. 7 . A stone crushing operation, with appropriate machinery, was established on the site in 1978 . The owners of the property