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