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