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34-004 (29) -,raging and parking facility, on" site. Since the 100 day statutory period has passed, these two requests are constructively granted upon completion of the appropriate statutory procedures by the applicant. The variances may be exercised if no appeal is taken. -hL,��.r It would seem more appropriate to establish the maintenance/garaging/parking facility as an accessory use to the special permit use instead of as a separate use. This would require modification of the current special permit to include the accessory use. However, I believe that the structure and the use could be established under the constructive grant. B. Request for special permit Valley also requested a special permit under Section 5 . 2, page 5. 12 of the zoning ordinance. This permit would allow the concrete batching use. C. Request for a finding Valley also requested a finding under Section 9 . 3 (b) of the zoning ordinance to change, extend or alter a pre-existing non- conforming use. Since the use on site is apparently a special permit use and not a non-conforming use, the request is inappropriate. Attorney Miranda has made some reference to a constructive grant of the finding. A finding is not considered a variance but is treated as a special permit. Many communities do style this type of relief as authorized by M.G.L. Chapter 40A, Section 6 as a special permit. Although Northampton does use the term "finding" , the time requirements applicable thereto are those for a special permit. Therefore, since the time periods have not yet expired, there has been no constructive grant. In summary, the applicant may construct a building in excess of the height limitations in the zoning district and may establish a vehicle maintenance etc. , use under the constructively granted variances if the variances are not appealed. However, the more appropriate way to establish the maintenance use is to modify the existing special permit. The request for a special permit for the batching plant use is still before the ZBA for action. The request for the finding is still before the ZBA but should be denied since it is not applicable. If you have any questions, please call. Very truly yours, Kathleen G. Fallon a 1._ Fi'r."'�.�r gU1LDItdG INSPECT�Cih1S November 28, 1988 Robert pascucci, Zoning Board of ASecretary City Hall PPeals Northampton, MA. RE: Application for zoning relief Valley Aggregates Corp, In its requeStedapWOication for seems to variances Zoning relief , be some a special Valley Aggregates Corp constructive) confusion as permit► and a , y granted and/or which are ca °f these May have There At the Ppropriate, ma been the present time, Valley is o district, That use Aerating a Permit Attorney Miranda a special Permit gravel bank/quarry at operation in 1871 has produced use in that is, therefore for the a copy of the zoning conforming special use. The gravel special g use. permit use and bank/quarry Valleys intention not a non- structures. The I as understand first a to requiring a special is concrete it' is erect proposed structure permit in hatching three necessitating ould that zone, plant, a use structure is ache exceed that allowed height of the scale house for one of Present use house to the variances, by zoning third structured' possibly, wthe h trucks in connection The second maintenance. is to in l with the be used for vehicle ing plant, storage The A. Re nest for v ge and ariances Valley requested the Zoning two variances, one from 9 ordinance, and the Section 6, 7 The first page 6. 7 request second from Section 5, 2 height of the was fora dimensional °f allowed in Proposed concrete variance ' page 5. 16, variance to the ordinance, batching building o permit the Permit Valley to°Aerate°nd request was exceed that a motor vehicle maintenancee