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17D-008 (5) . � I I I i I �' 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 y 'd �t ,� ,_ .........r,.,....,,,. '`� .- _...._ t .. 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 i i I i I I i i I 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. r r �� i i i I t • 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: