17D-008 (5) . �
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all along its boundary and therefore gives cars travelling on the
right a way, a place to park on the Fydenkevez property.
Mr. Anciporch has complied.
It is my position that the Fydenkevez use of the property in
selling produce not grown there was a pre-existing non-conforming
use which was not intentionally abandoned, but suspended
involuntarily because of the litigation. For this reason, I ask
that Ms. Fydenkevez be allowed to continue selling produce from her
property at 604 Bridge Road as a pre-existing non-conforming use.
If you have any questions, I would be happy to address them at your
convenience.
sincerely,
e L. Fernald
DF/ma
cc: Angela Fydenkevez
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RYAN & FERNALD a 10
ATTORNEYS AT LAW
9R MARKET STREET CNKN I ! 199 5 P.O. BOX 746
NORTHAMPTON, MA 01061 MPT 4N MA 01060Ns
LUKE RYAN (1908-1991) 413-585-0004 TELEPHONE
DIANE L. FERNALD 413-585-0105 TELECOPIER
May 9, 1995
Inspector of Buildings
Zoning Enforcement Officer
City of Northampton
212 Main Street
Northampton, MA 01060
Dear Inspector:
Please be advised that I represent Angela Fydenkevez with regard
to the enclosed Zoning Permit Application.
In addition to the information provided on her application, I wish
to inform you of the history of the use of the property at 604
Bridge Road.
Angela Fydenkevez (her husband, John, died last year) has lived at
604 Bridge Road for twenty years. She and her husband sold produce
from that property annually from July of 1975 until
September of 1989. Except for a small amount of vegetables and
flowers, the produce was grown on farmland in Hadley.
The Fydenkevez stopped selling produce at that location in 1989
because they were in heated litigation with their neighbor and
abutter, Frank Anciporch, over the location of a right of way to
the Anciporch property. The parties were constantly arguing over
the use of the right of way and numerous threats were made. At the
advice of counsel and through the dictates of common sense, the
Fydenkevez did not resume selling produce from their property until
the litigation terminated. Mr. Anciporch pursued every appeal
possible and it was not until the summer of 1994 that the issue was
resolved in the Fydenkevez ' favor. Ms. Fydenkevez ' grandchildren
opened the stand in July, 1994 and Mr. Anciporch daughter, Lori
Reardon, complained about it to the building inspector in August,
1994 . Her complaint involved the parking of cars on the right of
way. The building inspector issued a cease and desist order with
which the Fydenkevez ' complied.
The Fydenkevez ' prevailed on a complaint for contempt against Mr.
Anciporch last winter. The court ordered him to restore the
Fydenkevez boundary to its pre-existing condition. This
restoration allows for automobile access to the Fydenkevez property
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grandchildren are in school . They run the sale of the vegetables
and flowers and the money they earn is for them. Now that the law
suit is over, I have plenty of room for off the road parking.
Last summer, I was ordered to stop selling produce at my home
after my neighbor, a relative of the defendant in the law suit,
complained about cars blocking the road to her house. This will
no longer be the case, because the court has ordered that I have
access to my land from the court-created right of way and I also
have the right to park -along the right of way. My customers will
not interfere with my neighbor' s use of the right of way.
When the building inspector shut me down, he did not do so because
of any parking problem. He did so because he felt that I was in
violation of the law which says that one cannot sell produce from
land on which the produce was not grown.
My response to that is as follows:
1 . It is a practice which we . undertook for many years and only
temporarily suspended it because of the problems we were having with
out neighbors in the law suit.
2 . It is a very small operation carried out by school-age children
for their benefit.
3 . There is now ample room for off the road parking.
4 . It would be arbitrary and discriminatory to enforce this
law against me and not every other homeowner in Northampton who
sells produce from his/her land where the produce is not grown.
5 . This is not my major source of . income and gross sales are less
than $1500 . 00 .
6 . I intend to sell asparagus and strawberries when ready (usually
for brief periods in May and June. Because the children are in school,
we would only be open week-ends or after school . We would be open
every day when school closes in late June if produce is available and
then remain open during July and August depending on availability of
produce from our leased land in Hadley and the availability of the
children.
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• 90) 00386
Date Filed File No.
ZONING PERMIT APPLICATION (910 . 2)
1 . Name of Applicant: Angela Fydenkevez
Address : 604 Bridge Road, Northampton, MA Telephone: 586-0508
2 . Owner of Property: same as above
Address : Telephone:
3 . Status of Applicant: xx Owner Contract Purchaser
Lessee Other (explain: )
4 . Parcel Identification: Zoning Map Sheet#
JU
Parcel# ,
Zoning District (s) (include over ays)
Street Address
Required
5 . EXisting 01 Proposed by Zoning
Use of Structure/Property salp of crnnql sale of cro s
(if project is only interior work, skip to #6)
Building height
%B1dg. Coverage (Footprint)
Setbacks - front
•- side L: R: L: R:
- rear
Lot size
Frontage
Floor Area Ratio
%Open Space (Lot area minus
building and parking)
Parking Spaces
Loading
Signs
Fill (volume & location)
6 . Narrative Description of Proposed Work/Project: (Use additional sheets
if necessary)F()r several years, my husband. and I sold vegetables and flowers
Igb i r-h we-r,- grnian in Hadl Pv When a lawsuit was initiated in 1988 regarding the use of
a riqht-GE way of land y y nL-iQbbQr,_ Frank Anciporch we stopped the stand to avoid
' fu t�e:r eep f I et The was tPrmina Pd hy a judgment in my favor last summer I L there-
f , started to sell vegetables again from my _land. I wish to continue doing so while my
7 . REP ached Plans : Sketch Plan Site Plan
8 . Certification: I hereby certify that the information contained herein
is true and accurate to the best of my knowledge.
Date: May 8, 1995 Applicant' s Signature:
THIS SECTION FOR OFFICIAL USE ONLY:
Approved as presented/based on information presented
Denied as presented--Reason:
Special• Permit and/or Site Plan Required:
Finding Required: Variance Required:
Signature of Building Inspector Date
NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning roquiroments and obtain all required permits
from tho Board of Health, Conservation commission, Department of Public Works and other applicable pormh granting outhorilios.
i071-
PERMIT APPLICATION CHECK LIST
No DATE
2 . PERMIT I
3 . OW NOT
3 SET S PLAN
5 . NEW CONSTRUCTION
6 , CURB CUT
7 WATER S
8 . REMODELING
9 . ADDITION
10 . ACCESSORY STRUCTURE
11 . SIGN / AWNING
2 PERMIT FEE CHECK ONLY - MONEY ORDER
3 . SPECIAL I D WITH DEED IF APP IC B
14 . UNDER SEC - C R 780
15 , FORM A
6 , FILL
COMMENTS: