34-004 (21) 1
7 . List of Abutters : Address Assessor' s Map
Sheet No. Parcel
1 . W.D. Cowles Inc. ' 134 Montague Rd.
North Amherst, MA 01059 34 13
2 . Mahlon & Bertha Parsons Rte. 1 Box 330
Easthampton, MA 01027 34 12
3 . John F. Skibiski North King Street
Realty Partnership Northampton, MA 01060 34 1
4 . Jedoran Realty Corp. Brickyard Road
Farmington, CT 34 4
5 . Andrew & Donna Chambers 267 Turkey Hill Road
Northampton, MA 01060 34 3
6 . Richard A. Bond Turkey Hill Road
Northampton, MA 01060 34 5
7 . Walter & Elizabeth Bond 244 Hendricks Street
Easthampton, MA 01027 34 6
8 . Sarah L. Creighton 218 Turkey Hill Road
Northampton, MA 01060 34 18
9 . David H. McClaflin P.O. Box 157
Leeds, MA 01053 34 16
10 -Joseph A. Wilhelm, III 75 King Street
Trustee of Mineral Hill Northampton, MA 01060 27 2
Land Trust
Westhampton Abutters
11 . Town of Westhampton Town Hall, Westhampton, MA
Planning Board 01027
12 . John Skibiski, Jr. Elizabeth Rock Lot 3, Map 20
Northampton, MA 01060
13 . Kenneth & David RR 2 - Box 815 Lot 2, Map 20
Nuttleman New London, NH 03257
MAR 2 2 t �
CITY CLERKS OFFICE —
'URTNAMPTON MASS.01060
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212 Main Street •Municipal Building
Northampton, Mass. 01060 , T �•
COMPLAINT SHEET
How received: Telephone ( ) D R 6 R Q U 9 f Complaint No. �n-3
Personal ( ) ! Date:
OEC 1 3 1989
Letter ( ) Time: P.M.
DEPT OF BUILDING INSPECTIONS Telephone No.
..,__NORTHAMPTON,MA 01060
Complainant's Name: �l� A,
Complainant's Address: y �'���' (zo
OU1. Or BUILDING
Complaint received by: r\
-
212 Main trees
VIOLATIONS OF: N"-rihartVoM Mess, 01060
❑ Chapter 44 Zoning Ordinances, City of Northampton MAR 2 2 M
❑ Chapter 802 As Ammended Mass, State Building Code
G�,,YIC�_
G Sanitary Code, Art.2 �r'w_...°' Onl r
Complaint reported against:
Name: fr Lt,�`/ A6-(5✓E —A 1 1� Te(.
Address. -"TAI—, 41;y
Location of complaint: ITS T'7 (rV'C Map# Lot#
Signature of Complanants:
Nature of complaint:
G P �f�v� �� �2�� c` i'� C- �-� T 5
C) )7L7L L l
Investigation: Yes ( ) No ( ) Investigated by: 1�.
PAIH7
I
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SCHEDULE "A"
1 . Appeal to the Zoning Board of Appeals for failure on the
part of the Department of Building Inspections to respond to
the applicant' s complaint, dated 12/13/89 , which is attached
hereto, within 14 days as required by Section 10 .7 .
2 . Appeal to the ZBA for failure on the part of the Department
of Building Inspections to take enforcement actions against
Valley Aggregates (Jedoran Realty, Inc. ) for not complying with
the requirements of the Zoning Ordinances of the City of
Northampton in that they have failed to produce, to comply
with, or to apply for the required permit for the operation of
a gravel/quarry operation.
3 . Appeal to the ZBA for failure on the part of the Department
of Building Inspections to take enforcement actions against
Valley Aggregates (Jedoran Realty, Inc. ) for not complying with
the requirements of the Zoning Ordinances in the City of
Northampton in that they have failed to obtain the necessary
permits for expanding a quarry operation onto a parcel of land
on the north side of Turkey Hill Road, all as required under
Section 5 . 20 of the Zoning Ordinances in the City of
Northampton.
r
MAR 2 219
CITY CLERKS OFFICE
_„�'MT!•APAPTOy,MASS.010:,0
3 :• lL�� l
j °r• 111
Date Filed: File No.
F[ WWR APPEAL APPLICATION
(Chapter 40A, Section 8, M.G.L. )
DEPT OF BUILDING INSPECTIONS
NORTHAMPTON MA O1G6O
1 . Name of An-cellant: Sarah L. Creighton
Address: 218 Turkey Hiii Road , Telephone: 586-6857
Northampton, MA
2 . Owner of Property: Jedoran Realty, Inc .
0 Address: _Turkey HI11 Road ,NorthamptSp;ephone:
MA.
3 . Status of Applicant: X Owner Abutter
Other (explain: )
�.
4 . Parcel Identification: Zoning Map Sheet# 34 Parcels 2 & 4
Zoning District R R Street Address Turkey HillRoad , Northampton
5 . Section of Zoning Ordinance under which Alleged Zoning
Violation is occurring and/or Appeal is being filed:
Section 10. 7 , Page 10-2; Section 5 . 2, Page 5-12
6 . Narrative Description of Alleged Zoning Violation and/or
reason for which Appeal has been filed:
0 - See Attached S hedu1 P "All
0
7 . Abutters (Use attached abutter' s list. )
Date: �. ?� , ( 7 o Appellant's Signature:
MAR 2 2 m
CITY CLERKS OFFICE
NORTHAMPTON,MASS.01050
M- OF BUILDING IWIN
_„_,.,NORTNAMPTOP�, ti”
• a finding
Finally, since is inapPrOpriate ►
+
the request for
it should be denied.
Very
truly Yours,
1
Kathleen F
c) A concrete batching plant.
The application does not indicate which request for relief
is related to which aspect of the proposed work. However, a
logical analysis would indicate that the variance requested under
5 . 2 , p. 5-16 was intended for this use. The scale house appears
to me to be an accessory use to the gravel bank use. Therefore,
a special permit for the gravel bank use under *5 . 2( 1) , p. 5-12
could be worded to include the scale house. It would also seem
more appropriate to include the maintenance facility as an
accessory use to the gravel bank rather than as a use under a
variance.
Finally, I do not see any relief requested on this
application which would authorize the operation of a concrete
batching plant. It may be that Valley Aggregate intends to argue
that the mixing of concrete is the "processing and treating of
raw materials" for which a special permit is required under
*5 . 2 ( 2) , page 5-12 . It is my opinion that a concrete batching
plant does not fall within that use but is rather a manufacturing
use. A manufacturing use would require a variance under 05 . 2 ( 4) ,
PAGE 5-12 . No such variance was requested.
The request for a finding would be appropriate only if the
gravel bank was a legitimate pre-existing non-conforming use. No
evidence has been presented establishing a gravel bank use on the
south side of Turkey Hill Road prior to 1949, the year in which
such a use became regulated by zoning. Certainly no pre-existing
non-conforming use exists on the north side of Turkey Hill Road.
Therefore, without proof of the use' s non-conforming status, the
request for a finding is inappropriate.
REQUIRED ACTION BY THE ZBA
In summary, the requests for variances were granted by
default. (See my letter of November 28, 1988, attached hereto) .
Therefore, the applicant may build a building exceeding the
height requirements for accessory structures and may construct a
maintenance building for garaging and servicing vehicles.
The special permit request is before the ZBA. It appears
that the gravel bank use needs a special permit to continue
operation. The ZBA must apply the requirements of *11. 1 to the
special permit. The Board may include the construction of a
scale house and a vehicle maintenance building under that special
permit.
The ZBA should specifically find that the concrete hatching
plan is not a special permit use under *5 . 2( 2 ) , p. 5-12 but would
require a variance under *5 .2( 4 ) , p. 5-12 . I would recommend
that the Board specifically state in its decision that a special
permit for that use is denied as inappropriate and that no
request for the appropriate variance is before the ZBA.
n
appears to me that it had, then the Turkey Hill Road site has
been operating illegally since 1975 when the Planning Board
permit expired. Therefore, Valley Aggregate needs a special
permit under Section 5 . 2( 1) , page 5-12 just to continue the
gravel bank operation.
The Board should take notice that the original 1971 permit
was only for operations on the south side of Turkey Hill Road.
The application before the Board also is for only the property on
the south side of the road. Gravel removal and quarrying
operations on the applicant ' s parcel on the north side of the
road have not been authorized by any City board. Nor can any
permit be granted for that location under this application .
NATURE OF REQUESTED RELIEF
Attorney Miranda has indicated that he applied for relief in
the alternative intending that the ZBA would determine the
appropriate action needed. While this method would not
invalidate the application, the ZBA is required to act only on
the relief specifically requested. After reviewing the
application, it appears that Valley Aggregate has requested the
following:
1) A variance from the provisions of *6 . 7 , page 6 . 7 of the
Zoning Ordinance. Section 6 . 7 sets forth the
dimensional limitations on accessory structures.
2) A variance from the provisions of *5 . 2 , page 5 . 16 of
the Zoning Ordinance. This section is part of the
Table of Uses and deals with commercial motor vehicle
maintenance, garaging, and parking facilities. That
section provides that said use is not allowed in an RR
district.
3 ) A special permit under *5 . 2, page 5. 12 of the Zoning
Ordinance. While the application is not specific as to
which use is requested, the only two uses on that page
which require a special permit in an RR district are:
a) The removal of sand, gravel, etc. , ; and
b) The processing and treating of raw materials, etc.
4) A finding under the provisions of 09. 3 (B) of the Zoning
Ordinance. This section permits the extension,
alteration, or change of a non-conforming use. This
request is the only relief requested which cannot be
defined in a clear manner.
The application also states that the proposed work consists
of:
a) Construction of a maintenance building for trucks;
b) A scale house for weighing trucks;
5
f
this was a zoning ordinance which prohibited the removal of top
soil, gravel, sand, etc. in a quantity greater than ten ( 10)
cubic yards, without a permit, said permit to be issued by the
building inspector after approval of an application by the
Planning Board. The section contained very specific requirements
for the permit including a time limit of one year. Although the
original files and permits are not available, an unsigned
agreement in the Planning Department ' s files indicate that Mr.
Wzorek also applied for a permit under Section 29 of Chapter 44 .
That permit was apparently granted in August, 1971 . A letter
from former Planning Director York Phillips in May, 1976 ,
indicates that this permit was renewed each year until 1975 . It
does not appear to have been renewed since that time.
It appears that the zoning ordinance as it was in effect in
1971 contained two distinct permitting processes for establishing
the use Mr. Wzorek sought. The first, through the ZBA, had no
requirements for issuance other than the general 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 second procedure, through the Planning Board, had very
detailed requirements including a site plan, a bond, and the one
year time limitation. In general, two provisions of an ordinance
should be read as compatible if this is at all possible.
However, the only way to resolve the two ordinances here in
question is to impose a dual permitting process on the applicant.
That is, in order to establish a gravel bank or quarry use under
the zoning ordinance as it existed in 1971 , two permits, one from
the ZBA and one from the Planning Board would have been required.
That would appear to be excessive regulation. However, that is
apparently what happened from 1971 through 1975 .
In 1977 , the revised ordinance in a Section 11. 1 expanded
the requirements for a quarry/gravel bank use. The use still
required a special permit under Section 5. 2 , The Table of Use
Regulations. However, the permit granting authority under the
new *11 . 1 was the ZBA, thus resolving the dual permit problem.
The requirements of *11. 1 were applicable to the permit granted
by the ZBA under *5 . 2 . *11 . 1 still has a one year limit for any
special permit related to quarry/gravel bank uses.
The more favorable interpretation for Valley Aggregate is
that the 1971 ZBA permit authorized the use indefinitely and that
the Planning Board permit was superfluous. However, it seems
illogical for Mr. Wzorek to have gone through the permitting
procedure if the City did not feel it was required. And, since
the one year time limitation has remained in the requirements for
the permits until the present time, it does appear to me that the
intention of the 1962 ordinance was to impose the requirements of
Section 29 on any permit issued for a quarry/gravel bank use.
If the 1971 ordinance had a dual permit requirement, and it
s
CITY OF NORTHAMPTON
MASSACHUSETTS ; a
,, , ,�• .. I� i, .1 �� '� ' CITY HALL
' S 210 Main Street
Northampton, MA 01060 ,
1 L5 l5 $8�6 0G
Patrick T. Gleason, Esq. �.
City Solicitor 'JAN I g
Kathleen G. Fallon, Esq.
Assistant City Solicitor ,F BUILDING INSPECTIONS February 15, 1989
ON
Zoning Board of ""'"-
City Hall
Northampton, MA.
Re: Application of Jeduron Realty Corporation (Valley Aggregate)
Dear Board Members:
You have requested an analysis of the various requests by Valley
Aggregate which are before you. In response, may I submit the
following.
HISTORY OF PERMIT PROCESS
In 1971 James Wzorek, the prior owner of the Valley
Aggregate site, applied to the ZBA for a "permit under the
provisions of Section 11( 1) ( 5 ) and a variation( sic) from the
requirements of Section 11" .
The application stated that the area to which the
application referred was situated on the south side of Turkey
Hill Road, 3725 feet from the corner of Sylvester Road. In 1971 ,
this area was a Residential zone. Section 11( 1) ( 5) of the Zoning
Ordinance provided that certain uses including "stone quarrying,
gravel bank, sand bank, (and) removal of top soil" could be
established in a Residence A zone only by permit from the ZBA.
The application was unclear as to what "variation" was actually
requested although Mr. Wzorek stated on the application that it
was "to conduct a related business in conjunction with the gravel
bank" . Since Mr. Wzorek was operating a concrete business at
that time, a reasonable assumption is that he wished to locate
that concrete business on the Turkey Hill Road site to be near
his gravel supply.
In May, 1971, the ZBA granted Mr. Wzorek a permit "for the
purpose of using the premises as a gravel bank in connection with
his concrete business" . The 'variation' was denied.
In 1962, the City Council passed Section 29 of Chapter 44 .