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10D-017 175 Main St Planningk U JOSEPH MERRiTT & CO. 151 � � f 7 Checked o� N N C'7 N f t9 2 Z a] W A'rt f IM ILL Ous E 332 G .• y 6 WAL c.b. 2" STEEL GAS UAIE r ein 6.v ALVE W. ALVE 0 - W JfllEt IlAlf ♦ LJATEL LM c. e. G N &XA,u crJ� 21 � _ E Ac 1 A "l.1A ! T cr oCXCAVA C a rxu crzam Ca, A/C. ►1 JA . 7 IA16 " n 30't XA D" L i x,55 p �,N Laws : 606e A. 7AcY t JAMES 3. - AcY SEE Boa& 3ZG1 PA,.;EZ43 PLAM Bbd c 149 1366 68 14ZZtAl A. M C CAL TV MEr-IDI,aN Of PcAUaoat 148 P ^6E 68 ,?dAAN CAT AOLIc 31s A10P Df SPC/it/6f /EL b L EG EAJ D A WMMOMEA! TEb )D /A/7 0 /ICON PIAI 'O' U TlL / T y PbL E RV: NyD�L�IAIT • 3/6AJ Rb S r •— (HOOD LA1L fEJVCt -- -- B01Lb1AJ6 SEI'MCK LIME A167 A G' FENCE /3 r6 BC 6ZECrEb ALONG rHE L /AAFS fZ6M Pa /A/ T TO fb /AlT l e- ~ . SCETCN OF A1 (N 7 VILL PZEPA 6b 606EAle A. LAAlb /A/ Apt ASSA-HUSETIPS DF LEEB.5) F4oz TAL Y FIEL w O il K: L. La. M. COMMITATIG": if a.A DRAFT IN6: CHE CK E D: SCA`IE: " -46 DATE: 0C7Z MZ / 7, / 986 . Scanned ALMER HUNTLEY, JR. t ASSOCIATES, INC. SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS 30 INDUSTRIAL DRIVE EAST NORTHAMPTON, MASS. -SOH 1V� - �C-10 - 4Z - 8 SHEET: I OF: / M AlAI sTXEET i PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 October 18, 4 �i Y. Planning Board for the City of Northampton City Halle Northampt4n', Ma 01060 r DEPT. OF BU111DAG INSPECTIOP NORTH,'V P`C:P! IvlA. 01060 +, K� r, Eu Tac - Application for Building _Perm for ConSi"truction Supply Establishmen on M Str Dear Sirs;' 413.584 -6750 It has come to my attention that there has been some suggestion that Eugene Tacy has not complied with the provisions of Article 10.11 of the Zoning Ordinance of the City of Northampton relating to Site Plan Review for his proposed building for Construction Supply Establishment on Main Street, Leeds. I would suggest to the Planning Board that Eugene Tacy has complied with the provisions of Section 10.11 Site Plan Review by filing a proposed layout and site plan of the building he proposes to construct at his Main Street, Leeds property in August 1988 at the time he made his application for a Building Permit. No objection has been made to Mr. Tacy's Site Plan that was submitted at that time and, therefore, pursuant to Section 10.11 Site Plan Review Approval Process Mr. Tacy's Site Plan is deemed approved pursuant to the provision that inaction by the Planning Board within thirty -five days of submission shall be deemed approval. Without waiving any rights Mr. Tacy has with respect to the validity of any previous submissions for Site Plan Review on behalf of Mr. Tacy I hereby submit for your approval a Plan showing the proposed location of Mr. Tacy's building to be constructed as a Construction Supply Establishment. I believe that since Mr. Tacy's proposed building consists of 3,600 square feet of space he would be deemed an intermediate project pursuant to the Site Plan Review Process. With respect to 10.11 Paragraph 4, ProcedureS, it appears that the application for Site Plan and Review must be made to the Building Inspector on .forms provided for that purpose. Also, the procedures of the Site Plan Review Process provide that the Planning Board shall adopt specific rules governing the application and fee. I have found no forms in the Building Inspector's Office that would be appropriate for Site Plan Review nor have I been able to find PATRICK J. MELNI 77 s ? ATTORNEY AT LAW p r 110 King Street Northampton, MA 010 Telephone 413 - 584-6750 3L; �y y ' 1 S dv" any rules that have been adopted by the Planning Board governing the application and fee as provided by the Site Plan Review By -Law and, therefore, I am hopeful that you will accept this letter together with modification of the Request for Variance Form to the Zoning Board of Appeals as an Application for Site Plan Review. If, indeed, the Planning Board has adopted the Rules that were required under the Site Plan Review Process or has approved forms to be implemented under the Site Plan Review Process I will be happy to fill out such forms or comply with such rules but after diligent search I have been unable to find them. Further, in connection with the Site Plan Review process I am submitting a Plan of the proposed construction of Mr. Tacy's building on his Main Street property in Leeds which I wish you would accept for your Site Plan Review process. Again, the procedures under Paragraph 4 of the Site Plan Review By -Law indicates that the form of the Site Plan is to be made pursuant to the Rules and Regulations that the Planning Board was to adopt. I found no such Rules and - Regulations concerning the form of the Site Plan and have, therefore, requested to have Almer Huntley Jr. & Associates, Inc. use their best judgment as to what they felt you would be required in connection with that Site Plan. If you have such rules that would specify the form of the Plan or you have a request for more detailed plans please advise what additional material you wish to have on the Plan and I will have Almer Huntley Jr. & Associates, Inc. revise the Plan to meet your needs. n erely, a trick Melnik PJM /jn enc. . - (Jo Not Write In These Spaces Application Number: Rec _ Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) gY a "' Oate d Oate Amt. D ; �j BY Oate U1JT f- 11 ' ° I v N % err iv NSi TO THE CITY OF NORTHAMPTON :f�. }'?c r�o�, BUILDING INSPECTOR AMID PLANNING oso - Name of Applicant -- Tac BOARD Address 158 North Maple Street, Florence, Massachusetts ;�Qwner of Property Eugene A. Tact' and James J Tacy ' " ICIddress 158 North Maple Street, Florence, Massachusetts licant is: town r; ❑Contract Purchaser; ❑Lessee; 13 Tenant in Possession. ;�. 4, 11,cat1on is made' of Section_pageof the Zoning Ordinance of the the prq ri gns of Sect ion,___,_____page O f the Zoning Ordinance ry x• U pt on, r r «;f •4: a ct9on Of Propert Main Street, Leeds, Massachusetts being situated on East side; n of Mai «Sheet No. 1QD ,` Street; and shown on the Assessors' Maps, Parcel (s) 17A ne Special Industrial r: ascription of proposed work and /or use; Applicant proposes to construct a ruction Supply Establishment that is a 60' x 60' buildiM Pursuant to the hed plans h. Sketch plan attached; ❑Yes 0 N Site plan: CKAttchp,o, ❑ Not Required forth reasons upon which application is based: _ Constrt��r; �,, St�nnl v FStahl ; chmant ; 10 use ri ht in this district. The lot is a c . ng lot to zoning tall d_ ion2kl and density requirements of the zoning will be adhered to , otters seeft�4, s r ns; list on reverse side of form). Rt' � 7 s rr tf iii a eb them ormation contained herein is true to the best of my knowledge. . _o pplicant's Signature City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586.6950 • Community and Economic Development • Conservation* Historic Preservation • Planning Board* Zoning Board of Appeals Eugene A. Tacy 158 North Maple Street Florence, Massachusetts 01060 Re: Site Plan Review /Main Street, Leeds Dear Mr. Tacy: ../ November 16, 1988 At their meeting on November, 10, 1988 the Northampton Planning Board reviewed your above referenced Site Plan in accordance with the provisions of Section 10.11 of the Northampton Zoning Ordinance. At this meeting the Planning Board voted unanimously to DISAPPROVE your Site Plan as, due to deficiencies and omissions in the plan, they could not determine that any of the Review/ Approval Criteria of Section 10.11(5.) were complied with. The Site Plan submitted was not in conformance with the requirements of Section 10.11(4.) as it lacked sufficient information, specifically (under Section 10.11(4.b.) items 1., 3., 4., 5., 6., 10., 11., 12., 13., 14., 15., 16., 17., 18., as well as Section 10.11(4.c.). The Planning Board's vote is duly recorded in the Minutes of its November 10, 1988 meeting. You may, of course, submit a new Site Plan for consideration once you have added the additional, required, information. I would like to point out that for Major and Intermediate Projects which require a Special Permit, the Site Plan Review is included in that process. Yours, C. x Lawrence B. Smith, Senior Planner on behalf of the Northampton Planning Board cc: T. Tewhill, Building Inspector Atty Melnik 6AI - e. ep. N%u. Northampton Planning Board November 10, 1988 Meeting Page Seven which stands at $20,000." approval to draw on Maple Hale seconded, and the abstaining. ..,,1 Mr. Gare moved that we get the bank's Ridge L/C for Woodbrook work. Mrs. motion passed 7 -0 with Dr. Arnould Ch. Duseau read a letter from Christensen - Howard, Inc. relative to the Maple Ridge Letter of Credit: "We hereby request that the Planning Board extend the expiration date of Florence Savings Bank Letter of Credit No. 32 from March 19, 1989 to September 19, 1989." Mrs. Hale so moved, Mr. Crystal seconded, and the motion passed 6 -2 (Gare and Arnould). The Site Plan Review of the Eugene Tacy building at 175 Main Street, Leeds, was brought up for discussion. Mr. Smith pointed out that the Ordinance, (Section 10.11) has a "checklist" of 17 items that must be addressed as part of the review process. The Application at hand addresses only one. Dr. Beauregard moved the site plan be disapproved, Mrs. Mendelson seconded and the motion passed 6 -2 ( G °Y° _��-' *,_, .._. , Ch. Duseau read a document entitled, "PLANNING BOARD SITE PLAN REVIEW PROCEDURES." Mr. Holeva moved that the procedure as outlined be approved. Mr. Gare seconded, and the motion passed unanimously. A copy is attached. The meeting adjourned at 11:10 p. m. +r A ., CITY OF NORTHAMPTON ZONING BOARD OF APPEALS NORTHAMPTON. MASSACHUSETTS 01060 February 23, 1989 Mr. William Durette State Ethics Commission Room 619 One Ashburton Place Boston, MA 02108 Dear Bill: Attached is everything you requested, and more, on the Tacy matter. Attached to this letter is a chronology of the entire matter, prepared by the Assistant City Solicitor, to help guide the Zoning Board of Appeals through the thicket of issues. Since that document was prepared, a couple of things have happened. The May 22, 1987 appeal to Superior Court was won by the Zoning Board of Appeals. The Court fully upheld the Board's Decision not to grant relief to the Tacys. After the October 17, 1988 Hearing on Councilor LaBarge's appeal (where the Zoning Board of Appeals found that the Building Inspector had erroneously issued the Building Permit) the Permit was withdrawn. Tacy then appealed the revocation of the Building Permit, and the Zoning Board of Appeals upheld the Building Inspector's revocation. That is also on appeal to the Superior Court. If I can add }anything, or answer any questions, please call. The material is separated into four packets, one for each of the files. So much of it is intertwined, you will likely see duplication, and I suggest you refer to the chronology to avoid total confusion. Sincerely, Robert J. Pascucci Board Secretary �• F - "wo e TACY PROPERTY The following is a chronological history of the zoning issues which have appeared during the Tacys' attempt to construct a building on their lot on Main Street in Leeds. A legal explanation of the issues follows the history. In 1984, Tacy is operating a contractor's yard (open storage of raw materials used in construction) on the site. That use at that time requires a special permit in the SI district. The use, however, by Tacu and his predecessors, predates the permit requirement so it is considered a pre- existing non - conforming use. 1. September 21, 1984 Tacy files his first application for It is a request for a finding under Sei Ordinance to permit expansion of his constructing a 40 X 44 foot, one story a new use, that of construction supply zoning relief to the ZBA. -tion 9.3(B) of the Zoning non - conforming use by (1) building and (2) by adding establishment. 2. November 28, 1984 The ZBA votes to grant a "special permit" to Tacy to construct the building and allow the new use. It appears the ZBA may have granted improper relief since the application to the board asked for a "finding" and the board cannot grant relief which has not been requested. The point is moot, however, since Tacy did not exercise the permit within eighteen (18) months as required and so the permit expired by operation of law. 3. January 20, 1987 Tacy applies to the ZBA for the same relief requested in the September 21, 1984 application. 4. February 18, 1987 The ZBA holds a public hearing on the January application. It is discovered that Tacy is actually requesting a 60 X 60 foot building rather than the 40 X 44 foot one previously requested. The ZBA allows Tacy to withdraw the application. 5. March 4, 1987 Tacy files a new application asking for a finding for the addition of the construction supply establishment use and the construction of a 60 X 60 foot building. `../ 6. April 15, 1987 Tacy files an application for a building permit for the 60 X 60 building with the Building Inspector. 7. May 6, 1987 The ZBA denies the March 4, 1987, request for a finding. 8. May 22, 1987 Tacy files an appeal of the ZBA denial of the request for a finding in Superior Court. 9. June 12, 1987 Tacy files an appeal to the ZBA from the Building Inspector's refusal to issue a building permit on the April 15, 1987 application. 10. August 12, 1987 The ZBA votes to uphold the Building Inspector's refusal to issue a building permit on the April 15, 1987 application. 11. August 19, 1987 Tacy submits a ANR application to the Planning Board. The ANR plan divides the Leeds site into two parcels. Since both parcels have the required frontage for the zone, the plan is approved. 12. October 6, 1987 Tacy amends his Superior Court complaint to include the August 12, 1987 decision of the ZBA. 13. August 29, 1988 Tacy files an application for a building permit with the Building Inspector. It requests a permit for construction of a 60 X 60 building for use as a construction supply establishment on the easterly lot shown on the ANR plan. The foundation permit is issued the same day. 14. September 7, 1988 Councillor LaBarge files a complaint with the Building Inspector alleging that the issuance of the foundation permit on August 29, 1988, was improper. 15. September 22, 1988_ The Building Inspector replies to Mr. LaBarge's complaint stating that the permit was correctly issued. 16. September 23, 1988 Mr. LaBarge files an appeal to the ZBA on his complaint to the Building Inspector. 17. October 3, 1988 The Building Inspector issues a building permit for the Tacy site even though he acknowledges he has been told that, at the very least, the construction requires site plan approval by the M Ift.. Planning Board. _"W0 18. October 17, 1988 The ZBA holds a public hearing on Mr. LaBarge's complaint. ZONING ISSUES A. THE ORIGINAL NON - CONFORMING USE. The Tacy property is zoned Special Industrial. Currently, a construction yard use in an SI zone requires a special permit. Since the construction yard use of the site predates the special permit requirement, it is, therefore, a pre- existing non- conforming use. Non - conforming uses are primarily regulated by Chapter 40A, Section 6, of the Massachusetts General Laws and Section 9 of the Northampton Zoning Ordinance. Chapter 40A states that a non- conforming use may be changed, altered, or expanded only after a finding by the Zoning Board of Appeals that the change, alteration, or expansion is not substantially more detrimental to the neighborhood than the current use. This state statute is echoed in Section 9.3(b) of the Northampton Zoning Ordinance. B. THE PROPOSED CONSTRUCTION. Mr. Tacy proposed to add (1) a 60 X 60 foot building to his property, and (2) to use that building to house a construction supply establishment, an allowed use in an SI zone. Mr. Tacy's original application for zoning relief in 1984 and the 1987 application indicated that the building would be used both for the non - conforming use (to repair and to store equipment) and the new proposed use. The application for which a permit was granted in 1988 indicated the building would be only for the construction supply establishment. If the non - conforming use is still present on the lot, the addition of either a building or a new use, even if that use is allowed, is an expansion of that non - conforming use requiring a finding by the ZBA. C_ THE DIVISION OF THE LOT. The Planning Board did approve an "approval not required under the subdivision control law" for the Tacy site. The only zoning issue resolved by the approval of such a plan is that each lot as created in said plan has sufficient frontage for that zoning district. It does not give any guarantee that the lots will qualify as building lots. Mr. Tacy has stated that he has moved the non - conforming construction yard use to the westerly lot shown on the ANR plan and that it is no longer present on the easterly lot on which the building is being constructed. If this is the case, there are still two problems outstanding. First, if the construction yard use has been moved onto a smaller lot, that is an alteration of the non - conforming use by intensifying it. This would require a finding by the ZBA. Second, Section 6.4 of the Zoning Ordinance states that no lot may be divided if such division causes the lot not to conform with the provisions of the Zoning Ordinance. Therefore, until the issue of the intensification of the non - conforming use on one lot is resolved, neither of the two lots shown on the ANR plan conform to the Zoning Ordinance. There remains the subsidiary issue of confirming that the non- conforming use has, indeed, been moved from the easterly lot. It would seem some sort of written document from Mr. Tacy to that effect should be required. rn September 12, 1990 Jeff A. Erf 119 Water Street Leeds, MA 01053 Penelope G. Kim Planning Director City of Northampton 212 Main Street Northampton, MA 01060 Dear Ms. Kim: Enclosed please find a copy of a letter I recently sent to Mr. Frank Sienkiwicz, the Building Inspector. I think you may find it of interest. Would you please bring this matter to the attention of the City of Northampton Planning Board. Thank you. Sincerely yours, w (�- * Jeff A. Erf rMl September 12, 1990 Jeff A. Erf 119 Water Street Leeds, MA 01053 Mr. Frank Sienkiwicz Building Inspector City of Northampton 212 Main Street Northampton, MA 01060 Dear Mr. Sienkiwicz: I am writing you in regards to the Tacy properties located on Main Street, Leeds. I believe there to be activities ongoing at these two sites which are not in compliance with the Site Plan as approved June 8, 1989 by the City of Northampton Planning Board. My understanding is that you are the person responsible for enforcing the city's zoning regulations. Please act on this matter. I will be referring to the new building and lot at 175 Main St. as the "Construction Supply Establishment" and the adjacent lot as the "Contractor's Yard ". As you may or may not know, there were several conditions attached to the Planning Board's Decision giving approval to Tacy's development of their "Construction Supply Establishment". One of those conditions was the "total and permanent discontinuance of the contractor's yard" which was previously at that site (see page two, item 4, Northampton Planning Board Decision: James Tacy and Eugene Tacy Site Plan Review). I interpret that condition to mean no more open storage of raw materials, finished goods, or construction equipment" on this property (see Table of Use Regulations on page 5 -13 of the Northampton Zoning Ordinance). Presently, the Tacy's are storing soil (in front and behind the new building), cement blocks, and several sections of large diameter concrete pipe on this site. I believe this activity is not in compliance with the order of conditions and, for this reason, the above mentioned items should be removed from the property. Another condition which has not yet been complied with is the construction of fencing and the planting of vegetative screening along the property line of Helen A. McCarthy (see section 2a and 2b of the "Agreement For Conditions "). In my opinion, it would have seemed desirable to have had this finished before building construction was started. On a different but similar matter, the installation of fencing, planting of shrubs, addition of loam, and seeding of grass along Main St. also has not been completed (see section 2c and 3 of the "Agreement For Conditions "). This was to have taken place "within SIXTY (60) DAYS of the date that Warner Brothers Construction Company finishes the bridge work currently being done for the City of Northampton in Leeds and vacates the premises ". The bridge was completed and vacated last summer. By this time, a six foot high spruce stockade fence should have been erected, with an area in front of the fence having been planted with grass and shrubs "to improve the look of the fence". In reality, the fence that presently exists has been allowed to reach a state of disrepair and the area surrounding the fence has not been maintained this entire growing season. 'v.► `"r0 The Tacy's "Construction Yard" also appears to be in violation of zoning regulations. They are storing and carrying out practices which are inconsistent with my understanding of how the property can be used. The following is a list of those possible violations: 1. The storing of logs and, the sawing and splitting of those logs (on the premises), for firewood 2. A pile of tree stumps (behind the stack of logs) 3. Storing of an unregistered vehicle in public view (the car has been there for about two years) 4. Rubbish and demolition materials dumped in the SE corner of the property 5. Water heater, fuel oil tank, refrigerators, etc. dumped near the SE edge of the property 6. Sign advertising Tacy Excavating and Construction Co. (not sure of this one) 7. The spreading of fill 2 -3 feet deep in the SE corner of the property (my concern here is that part or all of this site may be on a 100 year floodplain and compensatory storage may be required) When I first heard of the Tacy's plan to put up a building on their Main St. property I was not against it. The Planning Board, in a decision I agreed with, changed the zoning of the property so a building could be constructed. Since that time, however, the site has become more cluttered with "stuff' and no work has apparently been done to satisfy any of the Planning Board's Conditions. One has to remember that this property is located in the center of a residential area and that neighbors abut the property. As it stands now, this site is an eyesore and is not an asset to the Village of Leeds. I would again urge you to take action against the Tacy's to persuade them to "clean up their act ". The Tacy's are taking advantage of the neighborhood and making a mockery of the Northampton Planning Board Decision. Thank you for you immediate attention in this matter. Sincerely yours, Jeff A. Erf cc: Eugene A. Tacy Penelope G. Kim Mayor David B. Musante Jr. Mr. Raymond LaBarge i V �v ON l,��l�r /Op MIN t y i IF/ V41 11Z 1 0 0 P Ae - 36 q/ ' M /71W JAW /, 1pjtfr 66'?17 4 f/ 10 1 0 /ON m 67 -4 NO-19-'flzr 177' In j p` h A W A �l WINPrOW r" 00/ 0 olz �l �l)rT o 790 N... Zd, 7'.31!7 zk 16Y pZw1---*lmflrfp,) � �, � �3= ._ ; f.- Z2 AW RE WfA*l - 4 off - 00 - A Y-wv Pz,,^,/ me-mr wf Pmpinor-�, zhonj Or el P-71 71rw JWArAel 9 -- "N M I 0 ONA&P U0.1 4W 411f Zllv-i- C S1kff A49 *wY AW IM6 -Af6f 4U/, ip -4 *pf My 60v A0ZIr 0-IC-1 ARIVIV f Ylrpef7-; apwYlyj %C) AVRO' Z Z1 IW',17 NO MW l ZI-MieU 40P,00PUYVA ;0 "le 9.fs Aw 511if. �1 hl _ „ W1 O.A flt1_T71N& ONA146PJIIIP OP l VtO W.*IfYj ifff JAMA1. ................ r g o -sloo** 7, 7174 rrK d _ �f,P —�.. � .; - ,��. N de 4 ol Oz, Z 40 po AIA ,0- 645 4f 9 DRAWN... 00 7' E D: Af lfel A TR / . � ww loe 0 CHECKED: AW XA / 40yt APPROVED. , 4M// yl 4 rep SCALE: . ` . ./tS ;. a il , � � � , � ' 11,/ 71 7Z- DATE. N� 4f A 4 ss ALMER HUNTLEY JR. & ASSOCIATES, INC. REGISTERED LAND SURVEYORS CIVIL ENGINEER' 238 BRIDGE STREET NORTHAMPT 10 N MASS. "AD v 1 �v ISHEET OF 4 IC)' - C> 17 Scanned DigMzed 4 Checked - -j or� i;o i V �v ON l,��l�r /Op MIN t y i IF/ V41 11Z 1 0 0 P Ae - 36 q/ ' M /71W JAW /, 1pjtfr 66'?17 4 f/ 10 1 0 /ON m 67 -4 NO-19-'flzr 177' In j p` h A W A �l WINPrOW r" 00/ 0 olz �l �l)rT o 790 N... Zd, 7'.31!7 zk 16Y pZw1---*lmflrfp,) � �, � �3= ._ ; f.- Z2 AW RE WfA*l - 4 off - 00 - A Y-wv Pz,,^,/ me-mr wf Pmpinor-�, zhonj Or el P-71 71rw JWArAel 9 -- "N M I 0 ONA&P U0.1 4W 411f Zllv-i- C S1kff A49 *wY AW IM6 -Af6f 4U/, ip -4 *pf My 60v A0ZIr 0-IC-1 ARIVIV f Ylrpef7-; apwYlyj %C) AVRO' Z Z1 IW',17 NO MW l ZI-MieU 40P,00PUYVA ;0 "le 9.fs Aw 511if. �1 hl _ „ W1 O.A flt1_T71N& ONA146PJIIIP OP l VtO W.*IfYj ifff JAMA1. ................ r g o -sloo** 7, 7174 rrK d _ �f,P —�.. � .; - ,��. N de 4 ol Oz, Z 40 po AIA ,0- 645 4f 9 DRAWN... 00 7' E D: Af lfel A TR / . � ww loe 0 CHECKED: AW XA / 40yt APPROVED. , 4M// yl 4 rep SCALE: . ` . ./tS ;. a il , � � � , � ' 11,/ 71 7Z- DATE. N� 4f A 4 ss ALMER HUNTLEY JR. & ASSOCIATES, INC. REGISTERED LAND SURVEYORS CIVIL ENGINEER' 238 BRIDGE STREET NORTHAMPT 10 N MASS. "AD v 1 �v ISHEET OF 4 IC)' - C> 17 Scanned DigMzed 4 Checked J PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street filorthampton, MA 01060 September 16, 1988 Mayor David B. Musante City Hall Main Street Northampton, Ma 01060 Kathleen Fallon, Esq. City Solicitor of the City of Northampton City Hall Main Street Northampton, Ma 01060 Chairman of the Zoning Board of Appeals of the City of Northampton City Hall Main Street Northampton, Ma 01060 Paul Duclos Building Inspector of the City of Northampton City Hall Main Street Northampton, Ma 01060 Dear Sirs: Please be advised that I represent Eugene Tacy, the applicant for a permit to construct a Building Supply Establishment on his property on Main Street, Leeds, Massachusetts. As you know, Eugene Tacy previously applied for'`` a permit for a mixed use of the entire three acre Main Street, Leeds, property for use as a Construction Supply Establishment and as a storage facility for his contractor's equipment. Thig permit was denied for the entire Property previously by the Zoning Board of A -- -- -- ppeals and whether or not the Zoning Board of Appeals properly denied that permit is the subject of a current pending Superior Court Civil Action. After reviewing the Zoning Ordinance further, and without s Ic ,a Telephone 413484.4450 .k.1 :7 ' PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street , Torthampton, MA 01060 -2- t ..01 .f �r Telephone 41 g{-0`jso waiving any claims that Eugene Tacy has as to whether or not was entitled to the permit for a mixed use of the entire'.' Property as previously applied for, Eugene Tacy discussed the Possibility of dividing up the parcel of land that he owns in "IF11r�, Leeds, with the previous Building Inspector of the City of Northampton and obtaining a Building Permit for the this land that was not used as a Contractor's Yard. The previous Building Inspector, William Nimohay, agreed to issue Eugene Tacy a Building Permit for a Construction Supply r,• Establishment provided that he subdivided his p of into two legal building lots and abandoned the use one the y�k� building lots for use as a storage facility for contractor's equipment. Eugene Tacy took action to have the land surveyed and subdivided into two separate parcels of land. In fact, the title to the twb parcels of land has been changed and Eugene Tacy no longer has any title to the parcel of land on which contractors equipment is being stored. The parcel of land that he does have title to is completely clear and free from all contractor's equipment or supplies and is a valid separate legal building lot in a Special Industrial Zone under current zoning. It complies with all frontage, set back and other requirements....__,._ of the applicable Zoning Ordinance and is no longer connected in any sense to the use being made of the separate piece of land upon which contractor's equipment is being stored. The other lot is also a proper lot under current City Ordinances and ' complies with all frontage set back and other requirements. Mr. William Nimohay agreed to issue to Mr. Tacy a Building Permit for the construction of a Construction Supply Establishment as soon as he removed all of the items of equipment from the lot that Mr. Tacy owned. Mr. Tacy, at great expense, complied with Mr. Nimohay's request and had all vehicles, equipment and other materials removed off the site. Acting in good faith, Mr. Tacy went to the current Building Inspector of the City of Northampton and applied for a Building Permit for his Construction Supply Establishment. That permit was properly issued by the Building Inspector of the City of Northampton. To the best of my understanding, although I have not s PATRICK J. MELNIK ATTORNEY AT LAW ., 110 King Street Northampton, MA 01060 r - Telephone 413*5".0750 Participated in any direct way, nor have I seen all of the letters or other documents that have been circulating among the,.' City Boards, it is my understanding that one or more elected officials of the City of Northampton complained to the Building Inspector that his issuance of the improper. 2 permit to Mr. Tacy was presume that the complaint that was made by that City Official was a complaint for enforcement of Zoning Regulations pursuant to the provisions of M.G.L. C. 40(a) believe up to that point an I• a Proper procedures were followed and anyone bein ST aggrieved by the Building Inspector's enforcement' action could thereafter appeal any enforcement decision or granting of any permits to the Zoning Board of Appeals to the provisions of M.G.L. C. 40(a)$8. Pursuant ,!• I was deeply disturbed and distraught to read in The Daily Hampshire Gazette and the Springfield Union that apparently a Committee of City Officials, consisting of a representative the Mayor's Office, Zoning Board of Appeals, City Solicitor's $ Office and Building Inspector's Office met sometime on or abou'ti'''' ` ' September 14, 1988 to decide the fate of Eugene Tacy's building-,-,'.'1.',Z,' I could not believe the report in The Daily Hampshire Gazette so'F' I reviewed the most current copy I have of the Zoning Ordinance of the City of Northampton, Article 10. It still appears Article 10 that the Zoning Enforcement Officer of the City ,f Northampton is the Building Inspector only. Further, under ; Section 10.3 the status of previously approved permits is determined by the Zoning Act. I, therefore, concluded thato be',, %+�r there must have been a change in the provisions of M.G.L. C. 40(a) to allow decisions on p erm i t Committee without the use of the PubliciHearing to process ss in fr ont made fr of the Zoning Board of A ST ont • Appeals. To my surprise, M.G.L. C. 40(a) 7 and 8 have not changed and still provide that enforcement action is to be taken by the Zoning Enforcement Officer for the City and that any complaint with respect to any actions taken by the Zoning Enforcement Officer is to be taken by appeal process to the Zoning Board of Appeals. Only after Public Hearing in front of the Zoning Board of Appeals are decisions to be made. There is no provision under our current Zoning Ordinance in the City nor under Massachusetts General Laws that allows decisions to be made by a Committee of individuals even if that Committee------ consists of Officials of the City. I can not believe that any member of the Zoning Board of Appeals would participate in a decision making process and make an offer of compromise on a j ,t .I PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street ivorthampton, MA 01060 it -4- Case that it may hear before the proper Public Hearing is held. Therefore, I must conclude that the reports Daily Hampshire Gazette and The Springfield Union are rte rY� � Telephone 4 18- 58"750 "4 process in The in error. Eugene Tacy at all stages has followed the proper permit Process, including Appeals to the Zoning Board of Appeals and to the Court as dictated by Massachusetts General Laws and I trust that the Officials of the City of Northampton will in good faith follow the same procedures that Mr. Tacy is required to adhere to as well. As to the merits of Eugene Tacy's application for a Building Permit I would suggest that he has complied in all respects with the current Zoning Ordinance with the City of Northampton. The lot that he intends to build on is completely severed by Plan and by deed from the ownership of the land abutting it. It has no pre - existing nonconforming uses or any uses at all existing on it at the current time nor is there any use planned for that parcel of land except the use requested under the current permit request. It confounds me how anyone could suggest that the use to which Eugene Tacy makes of his land on which he wishes to place a building must be controlled by the use to which the abutting parcel of land is made. If they City wishes to eliminate Mr. Tacy's right to build a Construction Supply Establishment on this separate lot it must`'', do so either through the procedure of changing the Zoning Ordinance of the City of Northampton or taking of Mr. Tacy's land by Eminent Domain. A refusal to allow Mr. Tacy to utilize•'' this lot for a lawful purpose that is allowed under the Zoning amounts, in fact, to a taking by Eminent Domain. Dictating to Mr. Tacy that he is not entitled to use that lot for any lawful purpose whatsoever except for a prior non - conforming use is a taking. Mr. Tacy has invested over $70,000.00 in the foundation, planning and building, which has already been purchased, to be placed upon this lot in reliance upon the Zoning Ordinance of the City of Northampton, the Building Permit that was issued and the representations that were made to him by the previous Building Inspector of the City of Northampton. See, for cases in support of Mr. Tacy, Fe11_s__wa�Realty v. The_ Building Commissio of Medford, 332 Mass. 471 (1955), Kenny__v. The Building_Commissioner _ of Melrose, 315 Mass. 391 (1944) and ..01' ' PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street i4orthampton, MA 01060 Telephone 4134 750 especially, Cas v. T Board of Selectmen of the T lt? See konk, 15 Mass. App. 711 (--- ow of In conclusion, I would suggest to you that Eugene Tacy Will utilize the separate building lot he has for a Construction Supply Establishment distinct and apart from the other parcel of land abutting it for now and in the future and will sign any agreement or representation of that fact as required by any Proper City Official. The only caveat to this is that if he Prevails in his current pending Civil case now Hampshire County Superior Court, he ma pending in the y choose to elect to accept the decisZ'r of Superior tive S Patrick J. Melhk PJM /jn \ cc. Eugene Tacy 32 Lake Street Florence, Ma 01060 •.... -. WWI, CITY OF NORTHAMPTON MASSACHUSETTS r CITY HALL 210 Main Street Northampton, MA 01060 P LEGAL DEPARTMENT 586.6950 Patrick T. Gleason, Esq. City Solicitor Kathleen G. Fallon, Esq. Assistant City Solicitor September 12, 1988 Paul Duclos, Building Inspector Municipal.Building Northampton, MA. 01060 Re: Tacy permit Dear Mr. Duclos: The situation as to the Tacy property hinges on. the concept of a- pre- existing non - conforminq use. The property is zoned. S2. Mr_ Tacy operates a construction yard. on that site, a use which currently re a special permit im that zone. (A "construction.. yard" is. defined as the open storage of raw materials and construction equipment. This use-. is- listed as paragraph 13 under Wholesale Transportation, and Industrial Uses in Section 5.2_ of the Zoning Ordinance.) Under the Zoning Ordinance, this use currently requires a special permit in the SI zone. However, Mr. Tacy's use was in place prior to the imposition of the special permit requirement.. Therefore, the construction yard is a pre-existing non - conforming use As a pre - existing, non- conforming use, it is subject to special requirements and procedures as set forth in Section 6 of Chapter 40A of the Massachusetts General Laws and Section 9 of the Northampton Zoning Ordinance. The essential principle to remember in dealing with a non- conforming use is that any change, alteration, or extension of that non- conforming use re the permission of-the Zoning Board of Appeals. The Board must make a "finding" that the , %We �0 r change, alteration, or extension of the non - conforming use is not "substantially more detrimental" to the neighborhood than is the original use. The following activities, among others, have bee defined as a change, alteration, or extension of a non - conforming use by case law: (1) a increase in the intensity of the use; (2) the construction of a building or an addition to an existing building housing a non - conforming use; (3) the addition of other uses even if those uses are allowed by right. Mr. Tacy applied in 1984 for a finding to allow him to construct a building on the property and to add as an additional use a construction supply establishment, an allowed use in the SI zone. That finding was granted by the ZBA. However, Mr. Tacy failed to apply for a building permit within eighteen months of the decision. Since a special permit or finding lapses in eighteen months if not exercised within eighteen months, the Building inspector denied the permit when Mr. Tacy finally did apply nearly two years after the grant of the finding. Mr. Tacy then applied to the ZBA for a finding identical to that granted in 1984. During the process, he decided to request a larger building than that described in the 1984 finding. He was allowed to withdraw his application and submit a revised one showing the larger building on March 4, 1987.. On May 6, 1987, after a. public hearing, the ZBA denied the application for a finding. Mr. Tacy appealed that decision to the courts where it is awaiting trial at this time. Essentially the issue here is that, since the use on the Tacy property is a pre - existing non - conforming use, Mr. Tacy cannot expand /alter that use by adding an additional use, even if that use is allowed. in the zoning district, or by constructing a building on the site without the granting of a finding the ZBA. Since the ZBA has denied that finding, Mr. Tacy cannot be issued a building permit unless the•ZBA's decision is overturned by the Superior Court. Subsequently, Mr. Tact' submitted a Form A plan to the Planning Board showing the division of the property into two separate lots. Since both portions of the divided lot had sufficient frontage, the Planning Board was required by law to approve the Form A plan. That approval does not, in any way, certify that the lots created are suitable for building. Approval only certifies that the required frontage exists. It had been discussed at one time that Mr. Tacy might solve his problem by dividing the property, moving the construction yard onto one portion and using the second portion for the allowed use. However, moving the construction yard onto a smaller lot would, again, require a finding by the ZBA since it would change /alter the non - conforming use by intensifying it on that smaller lot. As of this time, no application for a finding for that purpose has been made. .moo Since the construction yard use is still present on both portions of the divided property, the situation has not been altered. A finding by the ZBA is a prerequisite to the issuance of any building permit.- No building permit should be issued for the property as a whole or either of the portions shown on the Form A plan Very truly yours, Oen G.. FQlon s 1 %=W Northampton Zoning Board Decision on Application August 12, 1987 of Appeals of Eugene Tacy ../' The Northampton Zoning Board of Appeals of the City of Northampton met on August 12, 1987 at 7:10 p.m. in Council Chambers, Wallace J. Puchalski Municipal Building to render their decision on the request of Eugene A. Tacy for an Appeal of the refusal of the Building Inspector to issue a Building Permit for the purpose of constructing a construction supply establishment at his property located on the easterly side of Main Street, Leeds, MA. Present and voting were: Chairman Robert C. Buscher, Peter Laband and Sanford Weil, Jr. It was moved, seconded and voted unanimously to approve the minutes of the July 15, 1987 public hearing without a public reading. S. Weil concurred with the advise from the Legal Department that a building permit cannot be issued for the expansion of the pre- existing nonconforming use without a Finding from the Board of Appeals. He found that in the absence of a division of the lot or a discontinuance of the nonconforming contractor's yard, and in view of the fact that the Board denied Mr. Tacy's previous request for a Finding (which is now in court on appeal), that the Building Inspector's refusal to issue a building permit was correct. P. Laband found Att. Melnik's argument regarding the possibility of his client subdividing the lot or discontinuing the pre- existing nonconforming use after the issuance of a building permit ingenuous. He noted that the City Solicitor had reviewed the application and found that this request still represents an expansion of a pre- existing nonconforming use, and therefore, requires a Finding from the Board of Appeals. Because of the reinforcement from the Legal Department on this matter, he supported the ruling of the Building Inspector. He also noted that there are opportunities available to the applicant to achieve his end. R. Buscher concurred, finding the petition redundant in that the applicant has requested to be allowed to put a use on the property which would expand a pre- existing nonconforming use. He noted that the applicant alleged that if the Board countermanded the Building Inspector's decision and ordered him to issue a building permit, the current nonconforming use would not continue on site. As there is no evidence that this would occur, and as the request represents an expansion of a nonconforming use, he upheld the Building Inspector's decision to refuse to issue a building permit. It was moved, seconded and voted unanimously that the decision of the Building Inspector to deny issuance of a building permit be upheld. N a -, I-W r Northampton Zoning Board of Appeals Decision - Tacy August 12, 1987 The meeting adjourned at 7:16 p.m. Present, in addition to those mentioned, were J. Parker, Staff Assistant, and Mr. Tacy. i Robert C. Busc er, Chairman y DECISION OF ZONING BOARD OF APPEALS At a meeting held on August 12, 1987, the Zoning Board of Appeals of the City of Northampton voted unanimously to uphold the refusal of the Building Inspector to issue a Building Permit to Eugene A. Tacy, 158 North Maple Street, Florence, MA, for the purpose of constructing a construction supply establishment at his property located on the easterly side of Main Street, Leeds, MA. Present and voting were: Chairman Robert C. Buscher, Peter Laband and Sanford Weil, Jr. The findings were as follows: S. Weil concurred with the advise from the Legal Department that a building permit cannot be issued for the expansion of the pre- existing nonconforming use without a Finding from the Board of Appeals. He found that in the absence of a division of the lot or a discontinuance of the nonconforming contractor's yard, and in view of the fact that the Board denied Mr. Tacy's previous request for a Finding (which is now in court on appeal), that the Building Inspector's refusal to issue a building permit was correct. P. Laband found Att. Melnik's argument regarding the possibility of his client subdividing the lot or discontinuing the pre- existing nonconforming use after the issuance of a building permit ingenuous. He noted that the City Solicitor had reviewed the application and found that this request still represents an expansion of a pre- existing nonconforming use, and therefore, requires a Finding from the Board of Appeals. Because of the reinforcement from the Legal Department on this matter, he supported the ruling of the Building Inspector. He also noted that there are opportunities available to the applicant to achieve his end. R. Buscher concurred, finding the petition redundant in that the applicant has requested to be allowed to put a use on the property which would expand a pre- existing nonconforming use. He noted that the applicant alleged that if the Board countermanded the Building Inspector's decision and ordered him to issue a building permit, the current nonconforming use would not continue on site. As there is no evidence that this would occur, and as the request represents an expansion of a nonconforming use, he upheld the Building Inspector's decision to refuse to issue a building permit. P-t- L_ Peter Laband Robert C. Buscher, Chairman Sanfor Weil, Jr. CITY OF NORTHAMPTON MASSACHUSETTS CITY HALL 210 Main Street Northampton, MA 01060 LEGAL DEPARTMENT 586.6950 Patrick T. Gleason, Esq. City Solicitor Kathleen G. Fallon, Esq. Assistant City Solicitor July 31, 1987 Zoning Board of Appeals City Hall Northampton, MA. 01060 Re: Atty. Melnick's correspondence re Tacy hearing, July 15, 1987 Dear Board Members: I have read Attorney Patrick J. Melnick's letter concerning Eugene Tacy's appeal on an application for a building permit. Attorney Melnick consistently fails to confront the issue which is at the core of Mr. Tacy's various appearances before the ZBA. That issue is the expansion of a pre- existing non - conforming use. As I have stated in my previous opinions to your Board and the Planning Board, the establishment of even an allowed use on the same property as a pre- existing non - conforming use is an expansion of that non - conforming use. It, therefore, requires a finding by the ZBA under Section 9.3(B) of the Zoning Ordinance. No building permit can be issued for an expansion of a pre- existing non - conforming use without the required finding. I do not find Attorney Melnick's arguments in his letter of June 21, 1987, to be valid. Very truly yours, Kathleen G. Fallon cc: Atty. Patrick Melnick ��y7 4► ,./ PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 July 21, 1987 Zoning Board City Hall Main Street Northampton, Dear Sirs: of Appeals JUL 2 3 1987 OFFICE OF PLANNING Mass. 01060 AND DEVELOPMENT ENT Telephone 413- 584 -6750 Pursuant to the outcome of the Hearing held relative to the Tacy Appeal on July 15, 1987, I am writing this letter as a Memorandum in support of the Tacy request for a building permit. First, I think it is important to point out some of the chronology of this matter so that the specific relief requested by the Tacys can be focused in on. As you know, the Tacys for some time have been applying to the City of Northampton for a Use Permit to construct a Construction Supply Establishment in conjunction with their existing open storage of raw materials. Specifically, on February 20, 1987, the Tacys filed an application for a Zoning Permit with the Zoning Board of Appeals, wherein the Tacys requested two different forms of relief. 1. They requested a special permit under the provisions of Section 5 -2 (13) of the Zoning Ordinance to operate a facility for the open storage of raw materials. 2. They also requested a finding under Section 9.3B of the Zoning Ordinance for finding to permit them to build a Construction Supply Establishment in conjunction with their pre- existing, non - conforming use. While the February 20, 1987 application was being reviewed by the Zoning Board of Appeals, one of the City Councilors for the City of Northampton put into motion a plan to re -zone the property owned by the Tacys. Hearing that a plan was in action to re -zone the property, at my suggestion, Gene Tacy filed an application for a Building Permit with the City of Northampton for the purpose of only constructing a Construction Supply Establishment on the Main Street, Leeds property. The application filed with the Building Inspector on April 15, 1987 was separate and distinct 4... .../ PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 -2- Telephone 413- 584 -6750 from the zoning request that was then being heard by the Zoning Board of Appeals, and in fact, was decided by the Zoning Board of Appeals on May 6, 1987. The request for a Building Permit for the Construction Supply Establishment was a request for a Building Permit for that use only The application for a Building Permit filed on April 15, 1987 was a separate and distinct application and is not and was not intended to be connected with the February application for a Zoning Permit that was filed by the Tacys. The Building Inspector for the City of Northampton took no action with respect to the April 15, 1987 Building Permit. The Building Inspector neither approved nor denied that Building Permit. The Tacys filed this instant appeal from the failure to act on the Building Permit pursuant to the provisions of Massachusetts General Law, Chapter 40A, Section 13. Massachusetts General Law, Chapter 40A, Section 13 provides that "any application filed with said zoning administrator as to which no decision has been issued within 35 days from the date of filing shall be deemed denied and shall be subject to appeal to the Board of Appeals as provided in Section 8 ". Massachusetts General Law, Chapter 40A, Section 15 provides that "any appeal to the Board of Appeals shall be taken within 30 days the application is deemed denied pursuant to Section 13 ". It is not disputed by anyone that this property is zoned in a Special Industrial District, that a Construction Supply Establishment is a use allowed by right in a Special Industrial District, that the Tacys have met the minimum frontage, setback and size requirements of the Zoning Ordinance, and in all respects have complied with the provisions of the Zoning Ordinance. The Tacys suggest, therefore, that they are unconditionally entitled to a Building Permit for a Construction Supply Establishment on this property if that is the only use to which they intend to use said real estate. The application for a Construction Supply Establishment only, is not dependent upon any actions in the Superior Court or any previous zoning applications requesting a multiple use of the property. The application for a Building Permit filed on April 15, 1987 was an application for a single use only �.r .../ PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 -3- Telephone 413- 584 -6750 To the extent that the Zoning Board of Appeals may consider the application for a Building Permit for a Construction Supply Establishment to be an attempt to avoid the effect of the decision of the Zoning Board of Appeals on May 6, 1987, I suggest to the Zoning Board of Appeals that is not accurate. In the first place, the Tacys could not have known on April 15, 1987 that the Zoning Board of Appeals on May 6, 1987 would deny their application for a multiple use permit. The sole reasons that the Tacys filed any application for a Building Permit for a single use as a Construction Supply Establishment on April 15, 1987 was their fear that the City of Northampton was going to re -zone their property from a Special Industrial to some other zoing district. As the Board of Appeals if likely aware, certain benefits derive from the granting of a Building Permit prior to the time the first notice of publication of a zone change is made in the newspaper. If the Tacys had been granted a Building Permit for a Construction Supply Establishment on April 15, 1987, and thereafter the City filed the first notice of publication of a zone change, that first notice of publication of a zone change would not affect the validity of the Building Permite issued previously. That was the sole reason that the application for the Building Permit on April 15, 1987 was filed. Naturally, if the Building Permit for a Construction Supply Establishment had been granted on April 15, 1987, and a zone change had been approved thereafter, the Tacys would have had to make an election as to whether or not to exercise the Building Permit for a Construction Supply Establishment only, and abandon their other operations, or to abandon their Building Permit for a Construction Supply Establishment. In either case, their entitlement to the Building Permit on April 15, 1987 should not be impacted by their pending applications for multiple use permits. At this time, the City of Northampton has declined to re -zone the property, and at least temporarily, the threat to re -zone the property appears to have been avoided. Nevertheless the Tacy Appeal that is currently pending in the Superior Court, may take several months to perfect. In the meantime, the Tacys have a right to obtain a Building Permit for a single use only, as a Construction Supply Establishment, so that they can protect their interests in the event that in the future, the City of Northampton determines that it will once again attempt to re -zone this property. J PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 -4- Telephone 413- 584 -6750 The Tacys may have other options available to them as well that were discussed at the Zoning Board Hearing. For instance, the Tacys may elect to subdivide their property into two separate building lots and thereafter file an application for a Building Permit for one lot as a Construction Supply Establishment and utilize the other lot for their pre- existing, non - conforming use. While that option may be available to the Tacys in the future, and they may in fact pursue that course of action, that should not effect the application for a Building Permit that was filed on April 15, 1985. That application filed on April 15, 1985 was independent of any actions then pending before the Zoning Board and was for a single specific use allowed as of right for the entire parcel. With respect to the opinion letter from Attorney Kathleen Fallon, I agree that on page one and two of her letter she correctly recites the history of these proceedings concerning the application for a Special Permit and a Finding that I previously alluded to in this letter. There is no question that the issue of whether or not the Tacys are entitled to a multiple use of that property without further permits from the City of Northampton is an issue that will be decided in the Superior Court. There is no place in the letter from Kathleen Fallon, however, that would indicate to me that she knew that the Tacys had filed an application for a Building Permit on April 15. In fact, the April 15, 1987 application for a Building Permit is not mentioned in her letter. I suspect very strongly that Kathleen Fallon either did not know that an application for a Building Permit was filed on April 15, 1987, or if she did, she did not know that it was the failure to act upon that application for a Building Permit that was the subject matter of this appeal. Nothing in her opinion letter of June 24, 1987 relates to any of the facts raised in the Notice of Appeal filed by Gene Tacy with respect to the April 15, 1987 Building Permit. Further, at the Hearing before this Board, I had the impression that this Board felt that Gene Tacy was perhaps attempting to obtain relief in front of the Board by sheer maneuver that he was not previously able to obtain by permit. Also, it was my feeling that perhaps there is some suspicion that because Gene Tacy currently uses the premises as a contractor's yard, that if he was given a Building Permit for a Construction Supply Establishment, he would in the future *4.. PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 mis .n/ Telephone 413- 584 -6750 Possibly operate the premises beyond the scope of his Building Permit. Again, as I indicated above, the application for the Building Permit and this appeal to this Board was not a maneuver. The application for the Building Permit in April of 1987 was made solely for the purpose of protecting Mr. Tacy's interests with respect to a re- zoning. Further, in spite of the fact that Mr. Tacy is a contractor, I do not believe that this Board should presume that were Mr. Tacy given a permit for a particular use, in this case a Construction Supply Establishment, that he would thereafter utilize the building or the use that was allowed for any purpose that was not permitted under the Zoning Ordinance. Certainly our Zoning Ordiance under Article 10 gives the Building Inspector ample power to enforce all the provisions of the Zoning Ordinance. Therefore, while I do not believe it is appropriate for a Building Inspector, or any Board, to deny a permit based upon suspicion that in the future someone may commit illegal acts, or attempt to circumvent the Zoning Ordinances of the City, if that were the case, certainly the enforcement provisions and the monetary penalty provisions provided therein, should be sufficient to rectify any such offenses. Nevertheless, if it is the undefined impression by the Board that the Tacys may utilize this property for uses that are not otherwise allowed that is the only objection to the allowance for the application for a building permit filed on April 15, 1987, I would propose the following. Gene Tacy and his family would sign any agreement, affidavit or other affirmative assurance to the City of Northampton that if they were issued the Building Permit for a Construction Supply Establishment, that they would not, in fact, build that Construction Supply Establishment, or operate that Construction Supply Establishment, unless one of the following conditions were met: 1. They would not construct their Construction Supply Establishment, and operate the same, unless previous to constructing said building, they completely abandon all the existing uses of the property for open storages of raw materials and agree thereafter to utilizie the entire on PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 MGM Telephone 413- 584 -6750 property for only those purposes allowed under the definition of a Construction Supply Establishment of the City of Northampton. That guarantee and agreement they would put in writing in any affirmative method or manner that the City wishes; 2. Or , the Tacys lawfully divide the lot into two legal building lots and thereafter abandon the use of one of the building lots for all purposes and uses not allowed as a Construction Supply Establishment. Thereafter, they would build such Construction Supply Establishment only on the lawful building lot and utilize said lot only for the purposes allowed as a Construction Supply Establishment; 3. Or , the Tacys would construct the building as a Construction Supply Establishment only if the current Superior Court civil action requesting the use of the premises for multiple uses is decided in their favor. In short, what I am saying to this Board, is that the Tacys are willing to guarantee to the City of Northampton that they intend in no way to subvert or circumvent any of the Zoning Laws of the City of Northampton. The application for a Building Permit that was filed on April 15, 1987 was intended only to protect their interest in the event of a zoning change of the property. The Tacys are willing to guarantee, in any method or manner acceptable to the City of Northampton, that they will hold that Building Permit and not utilize it unless the conditions specified above are met so that the City's concerns are protected. Further, I would suggest to this Board that if the Tacys make such written guarantee to the City, and in fact do not exercise that Building Permit until one of the above conditions are met, then all the rational concerns of the City concerning the utilization of this property would be met. I would further suggest there would then be no justifiable reason, and in fact, today exists no justifiable reason for denying the Building Permit filed on April 15, 1985. \J -.MOO" PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 -7- PJM /dfk cc: City Solicitor for the City of Northampton Kathleen Fallon, Esq. 212 Main Street Northampton, Ma 01060 CC. Gene Tacy 158 North Maple Street Florence, Ma 01060 P y, el k J. Melnik Telephone 413 - 584 -6750 `+.s' Northampton Zoning Board of Appeals Public Hearing on Application of Eugene Tacy 7u4y_1 1987 The Northampton Zoning Board of Appeals of the City of Northampton held a public hearing at 8:00 p.m. on July 15, 1987 in Council Chambers, Wallace J. Puchalski.Municipal Building to consider the request of Eugene A. Tacy for an Appeal of the refusal of the Building Inspector to issue a Building Permit for the purpose of constructing a construction supply establishment at his property located on the easterly side of Main Street, Leeds, MA. Present were: Chairman Robert C. Buscher, Peter Laband and Sanford Weil, Jr. The Chairman read the public notice as it appeared in the Daily Hampshire Gazette on July 1 and 8, 1987. He read a memo from the Northampton Planning Board and advised those present of their right to appeal. S. Weil stated that in his opinion, it application to be before the Board, a application for a Finding to build a establishment was denied and subsequently that the Building Inspector must follow the felt that the Board should not entertain could set an unfavorable precedent. is incorrect for this Mr. Tacy's previous construction supply appealed. He stated Board's direction and- any discussion, as it Att. P. Melnik, representing Mr. Tacy, argued that the issue before the Board at this time is different than what was requested previously. He stated that the Board's decision (5/6/87) to deny the Finding (in conjunction with a Special. Permit) request (filed 3/4/87) for the purpose of expanding a nonconforming use (contractors' yard) was made after this application for a Building Permit (4/15/87 *), and therefore, the Building Inspector did not act as a result of the Board's action. He stressed that this request for a 60 x 60' structure is not in conjunction with the pre- existing nonconforming use, but for an allowed use (construction supply establishment) under the Zoning. ordinance. He argued that Mr. Tacy has the right to either abandon the pre- existing nonconforming use or subdivide the lot into two conforming lots, where he could erect a construction supply establishment by right on one lot and continue the pre- existing nonconforming use on the other. Responding to P. Laband's reference to City Solicitor K. Fallon's letter of opinion, Att. Melnik suggested that.this. letter relates only to the previous application for a Finding. P_ Laband questioned Att. Melnik if the lot has been subdivided_ car if his client has indicated that he will abandon his pre- existing nonconforming use. Att. Melnik answered in the negative. to bath questions. *Application for Appeal gives a 5/15/87 date for the building permit application. l h%►' «r . Northampton Zoning Board of Appeals Tact/ App eal - Page 2 The Chairman called on proponents or opponents. Gene Tacy quoted the Zoning Ordinance regarding abando nment of pre - existing nonconforming uses. R. Buscher stated that the Board must have evidence that the_ applicant intends to abandon his pre - existing nonconforming use or subdivide the lot. The Board decided to ask K. Fallon for any clarification of- her opinion and to allow time for Att. Melnik to submit a brief in support of his arguments. It was moved, seconded and voted unanimously to close the Public hearing at 8:45 p.m. Present, in addition to those_ mentioned, were J. Parker, Staff Assistant, and the Tacy family. Robert C. Buscher, Chairman 1 -..r .4.► CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Northampton Zoning Board of Appeals FROM: L. Smith, Planner, on behalf of the Northampton Planning Board SUBJECT: Tacy - Appeal DATE: July 13, 1987 FILE: At their meeting on June 25, 1987, the Northampton Planning Board reviewed the application of Eugene Tacy for an Appeal of the refusal of the Building Inspector to issue a building permit for the purpose of constructing a construction supply establishment at this property located on the easterly side of Main Street, Leeds, MA. After discussing the matter with the applicant and his representative, the Planning Board voted 1 -0 -3 on a motion to recommend denial of the request, as the City Solicitor, representing the City's interests, has given a legal opinion that the Building Inspector was correct in his decision not to issue a building permit. Two of the abstaining votes were from Board members attending their first meeting, who felt that they were too unfamiliar with the subject to make a judgment. 1 *. CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Kathleen Fallon, Assistant City Solicitor FROM: Marion Mendelson, Chairman, Northampton Planning Board SUBJECTTacy Appeal June 22, 1987 DATE: FILE: At their meeting on June 25, 1987, the Northampton Planning Board will be reviewing Eugene Tacy's Appeal to the Zoning Board of Appeals (dated 6/12/87) regarding the refusal of the Building Inspector to issue a Building Permit for the purpose of constructing a contractor's supply establishment at his property located on the easterly side of Main Street, Leeds, MA. The issue appears to be the implementation of a conforming use on a lot with an already pre- existing nonconforming use. We would appreciate your opinion and a clarification of the issues regarding this matter. `W E°` p►;,7, CITY OF NORTHAMPTON _ , , j , � �� ._ MASSACHUSETTS CITY HALL 210 Main Street I: 1 � Northampton, MA 01060 LEGAL DEPARTMENT 586 -6950 Patrick T. Gleason, Esq. City Solicitor Kathleen G. Fallon, Esq. June 24, 1987 Assistant City Solicitor Marion Mendelson, Chairman Northampton Planning Board City Hall Northampton, MA 01060 RE: Tacy Appeal Dear Ms. Mendelson: -.01 I have received your request for my opinion on the issues involved in Mr. Tacy's appeal to the Zoning Board of Appeals of Mr. Tewhill's denial of a building permit for the Tacy property on Main Street, Leeds. In response, may I submit the following. Mr. Tacy's property is zoned SI. He operates a construction Yard on that site, a use which currently requires a special permit in that zone. (A 'construction yard' is deemed to entail the open storage of raw materials and construction equipment) Mr. Tacy does not have a permit since the construction yard use predates the requirement for a special permit. Mr. Tacy's construction yard is a pre- existing non - conforming use. In February, 1984, Mr. Tacy received a building permit for a storage building on the subject property. This permit was revoked by the Building Inspector in March, 1984, prior to any construction. Mr. Tewhill stated that action by the Zoning Board of Appeals would be necessary since the use on the site was non- conforming. Mr. Tacy then applied to the Zoning Board of Appeals for (1) a special permit for the operation of the construction yard and (2) a finding under Section 9.3(B) of the Zoning Ordinance to allow expansion of the non - conforming use to include a new use, a construction supply establishment, an allowed use in that zone, \.r and the construction of a 30x30 building to house both uses. On November 28, 1984, the Zoning Board of Appeals rendered a decision in which it purportedly granted a special permit 'for the purpose of establishing a construction supply business..." The Board made no ruling on the request for a finding under Section 9.3(B). The relief granted was incorrect and not responsive to the application. Mr. Tacy requested a special permit for the construction yard use. The decision granted the permit to construct a building for the construction supply business use which is an allowed use in that SI zone. The request for a special permit was inappropriate and should have been denied. Since the Tacy business was a pre- existing non - conforming use, the appropriate method of changing, altering, or extending that use is through a finding under Section 9.3(B). Addition of a use allowed by right in that district is still an extension /alteration of the non - conforming use. Construction of a building to house either the pre- existing non - conforming use or the extended use is also an extension /alteration of the current use and requires a finding. Since the Zoning Board of Appeals did not act on the request for a finding on its decision of November, 1984, that request was granted by default. However, like a special permit, a finding will lapse if the rights granted thereunder are not exercised within the specified time period. The Northampton zoning ordinance requires that substantial use of those rights commence within eighteen months. Mr. Tacy first applied for a building permit in November, 1986. Clearly the eighteen month period had expired. The application that is the subject of this appeal was also filed after expiration of the eighteen month period. Since the construction contemplated would expand and /or alter a pre- existing, non- conforming use, and the finding granted in 1984 had expired, further action by the Zoning Board of Appeals is required prior to the issuance of a building permit. Mr. Tacy did try to obtain the required Zoning Board of Appeals approval earlier this year. He filed an application for relief almost identical with that filed in 1984. On May 6, 1987, in a split decision, the Zoning Board of Appeals ruled that the special permit request was not appropriate and denied the request for a finding under Section 9.3(B). Mr. Tacy has filed an appeal of that decision with the Superior Court. 2 `.► In summary it is my opinion that the application for the building permit was correctly denied. Very truly yours, Kathleen Fallon, Esq. Assistant City Solicitor cc: Edward Tewhill Zoning Board of Appeals 3 CITY OF NORTHAMPTON MASSACHUSETTS ,'. CITY HALL 210 Main Street Northampton, MA 01060 LEGAL DEPARTMENT 586.6950 May 6, 1987 Zoning Board of Appeals City Hall Northampton, MA 01060 RE: Application of Eugene A. Tacy Dear Board Members: You have requested an opinion as to the application of Eugene A. Tacy for a special permit and a finding currently before your board. In response may I submit the following. The applicant owns and operates a construction yard for the storage of raw materials and equipment. The yard is located in a Special Industrial (SI) district. Under current zoning that use, shown as paragraph 13 under Wholesale, Transportation, and Industrial uses in Section 5.2 of the Zoning Ordinance, requires a special permit in that zone. However, Mr. Tacy's business predates that special permit requirement and, therefore, is a valid pre- existing non - conforming use. In September 1984, Mr. Tacy submitted an application to the Board of Appeals which essentially requested the same relief as the current application, except for the size of the proposed building. He requested a special permit under Section 5.2 (13) of the Zoning Ordinance and a finding pursuant to Section 9.3 (B) to allow expansion of the non - conforming use to include the additional use of a construction supply establishment as defined in Section 5.2, paragraph 3 under Wholesale, Transportation, and Industrial uses, and the construction of a 30' x 30' building to house that new use as well as possibly to house his construction equipment. (The 1987 application includes a 60' x 60' building.) J -2- The Board of Appeals in a decision issued in December, 1984, granted a special permit to construct a building as requested to house a construction supply business. Certain restrictions were attached to the permit. The Board did not address specifically the request for a finding under Section 9.3 (B). Mr. Tacy's business, as stated above, is a pre- existing non- conforming use. As such any change, alteration, or extension of that use is controlled by Massachusetts General Laws, Chapter 40A, Section 6 and Section 9 of the Northampton Zoning Ordinance. The applicant by the addition of a construction supply business component to his existing operation and by the construction of a building on his site to serve both the requested and the existing use, is seeking a change, alteration, and extension of his non - conforming use. The only appropriate method of accomplishing this purpose is by a finding of the Board of Appeals pursuant to Section 9.3 (B). The request for a special permit on both the 1984 and 1987 applications is not appropriate. The special permit was requested for the pre- existing non - conforming use. No permit is necessary for the continued operation of that use. Any change, alteration, or expansion of that use may be made only after the required finding by the Board of Appeals. It is my opinion that the decision of the Board of Appeals in the 1984 application, although called a special permit, was actually a finding under Section 9.3 (B) of the Zoning Ordinance. It was not the special permit requested in the application since that permit was requested for the pre- existing non - conforming use. It did, however, grant the relief requested on the application described thereon as a "finding." Under M.G.L. Chapter 40A, Section 6, the means used to change, alter or extend a non - conforming use can be either a special permit or a finding. The standards which must be met are identical for both. However, the Northampton Zoning Ordinance has specifically designated that type of relief as a "finding." The Board's decision of December, 1984, was that "finding. " However, the applicant has now indicated that he no longer wants to build the 30' x 30" building proposed in the 1984 application but intends to build a structure measuring 60" x 60 This 60" x 60" building is not permitted by the 1984 action of the Board of Appeals. It is a change, alteration, or extension of the pre- existing, non - conforming use, even as that use has been previously changed, altered, or extended under the 1984 finding, that requires a new finding under Section 9.3 (B) of the Board of Appeals. -3- Attorney Patrick J. Melnick has submitted a statement of the applicant's legal arguments to this office. I have reviewed that statement and concur with Attorney Melnick's assertion that the 1984 decision was, indeed, a finding under Section 9.3 (B). I do not agree that the raw storage use has been changed from a non- conforming use to a special permit use through a constructive grant of that special permit. As stated above, it is my opinion that non - conforming uses can only be affected through actions authorized by Chapter 40A, Section 6 and Section 9.3 (B) of the local ordinance. The non - conforming use remains as such. Therefore, I also do not agree with Attorney Melnick's contention that all proposed uses on the property are conforming either by special permit or by right. Very truly yours, a Esq. Assistant City Solicitor KGF:c BUILDING, NONCONFORMTNG A building, effective date of this Ordinance, or a thereto, which does not conform to one regulations for the district in which BUSINESS OFFICE: See OFFICE. lawfully existing at the ny subsequent amendment or more of the applicable the building is located. BUSINESS SERVICE AND SUP SERVICE ESTABLISHMENT Any building wherein the. Primary occupation is the provision of services or supplies to the business, commercial, industrial or institutional community but not including retail sales to the general public except as a secondary and subordinate ancillary activity. CELLAR A portion of a building, partly or entirely below grade, half or more than one -half of its height measured from finished floor to fin- ished ceiling, below the average finished grade of the ground ad- joining the building. A cellar is not deemed a story. �S °,�1AN HAr.F �, ��4�EtQ4tiE t�oQt. �{}1AN pQl-F' I �faiZeD G i r1 1�,> -1 En F1.otNL C ERTIFICATE OF USE AND OCCUPANCY A statement signed by the Administrative Officer, setting forth either that - a building or structure complies with the Zoning Ordinance or that a building, structure or parcel of land may lawfully be employed for specified uses, or both. ' CLUSTER RESIDENTIAL DEVELOPMENT A development undertaken in accordance with the provisions of Section 11.4 of this Ordinance, consisting of a variety of dwelling types integrated with each other and with a significant area of co -anon open space, and developed at a density not exceeding that which would be ordinarily expected from a typical conventional subdivision. COMMERCIAL VEHICLE A vehicle registered for commercial use. COMMUNITY RESIDENC See HP.T FW HOUSE. CONSTRUCTI SUPPLY ESTA BL_ISW - ENT: An establishment which sells, rc_r_ts, leases,_ serv: ces, and or otherwise maintains materials and %or tyuipm rit___involved,. in construction activities, including, but not limited to hardware, lumber, and equipment "sales, and mill- work. DAMAGE TO THE ENVIROT?MENT Any destruction, damage or impairment, actual or probable, to any of the natural resources of the common- wealth including, but not limited to, air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, im- proper operation of dumping grounds, impairment and eutrophication of rivers, streams, floodplains, lakes, ponds, or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks, or historic districts or sites. 2 -3 s 'u F J s.3 . f 4 f i t� > C� e� N I UI 0 "u > H 4 C) 1 i fr7 N d� . cc i � v f+ I � C= f i 4 a GI T ro` � r� a a a Ql r-i a r� R a a 1 I I I a I vai KC KC C/2 � 1 1 1 I 1 1 ' a a 1 1 1 1 rn 'n 1 1 1 1 1 1 ra y :3 0 • -i c� i _ 0 0 44 W H H ro ro ro $4 Q1 U a �° 01 rq ,C r a W •r�i W 0 N 0 ro 41 ro 4.) i a a 0 H (r) 4-d r - a G w o `� ro 41 u ro R. ° .,� to cc+ S•J C C O N 0 r-r 0) r-I ro 4J ro I I - a I t 1 a 1 1 1 1 1 cry 1 1 1 1 1 H v c 1 1 1 I 04 1 1 1 1 4 N t~ U 0 0 m • O (o o 41 u >4 to ro 0 Ir. >1 �+ H �4 •ri ro i~ s~ - r-i >4 3 �4 a� H Cn 41 U •r-i 04 m. , 1 41 H �C7 to U !� u a tT r. s4 ro N a 2 - r-i E-+ � 0 � mro - r - i tos4 � I.1 'V r4 ro b o 0 - H $4 0 R b t 0" tT 9 f. 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U) vi * 3: �4 0 a) a) rj) Lrl > • (a 0) (1) f 4 W > > -H -P Ir. U) 0 ono > W 4J U') 5-13 ro 0 5 F-- 0 0 p � � � 4-j Uli -W 4J r -4 q:j ro M N —4 r•4 -r-4 r- U •,A 0 0 Q) u roar ro� CL) ­ 4 �4 44 0 ti4 0 U) M > C —4 � O N C) r-4 1-4 ­4 1-4 ARTICLE IV INTERPRE'T'ATION AND APPLICATION Section 4.1 - Tn terpreLation . The provisions of this Ordinance Shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals, or the general welfare of the City of Northampton, Massachusetts, and except for Chapter 44, Zo ning O.rdi Ha of the Revised Ordinances of the CitY of Northampton, Massachusetts, 1959, and all subsequent amendments thereto, the provisions of this Ordinance are not intended to repeal, amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted ordinance, covenants, Zegulations, or rules. Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance, or other regulations, that provisions which imposes the greater restriction or the higher standard shall govern. Section 4.2 - Apn lication . Except as herein provided, the provi- sions of this Ordinance shall apply to the erection, construction, reconstruct ion, alteration, or use of buildings, structures, or use Of land. Except as herein provided, any existing conforming use, structure, or lot sha11 not by any action become nonconforming and a.zY existing nonconforming use, structure, or lot shall not become C urther nonconforming. Section 4.3 - exist B and Land This Ordinance shall riot a >ply to existing buildings or structures, nor to the existing use of any building or structure or of land, to the extent to which it is legally used at the time of adoption of it this Ordinance, but shall apply to any change of use thereof and Of to any alteration ' a building or structure when the same would amount to recon- struction, extension or structural change, and a building or structure to any alteration of to provide for its use for a purpose or in a , aanner substantially different from the use to before which it was put alteration, or for its use for the same tially purpose to a substan- greater extent. Section 4.4 - Mixed Uses In cases of mixed occupancy, the regula- tion for each use shall apply to the portion of the building or land so used. U 4 -1 13. lire existing nonconforming uses may he PxtPnded or altered provided that no such extension or alteration shall he r)ermittPd unless there is a finding by the Loning Board of t+ that such change, extension or alteration shall not he substantially more detrimental than the exi3tingrnoncon- forming use to the neighborhood and providing that if such change, extension or alteration result- uses u comp wttlrtne current zo n ng requirements, then su find.inq l a not necessa C. Pre-existing nonconforming lot - conformin us �Nhen a conforming use on a pre - existing nonconforming lot is changed, extended or altered to a use which requires a larger minimum lot area, minimum lot width or frontage and /or minimum lot depth, than is required for the present use, then a variance must be received with regard to the pre- existing nonconformity of the lot. When a conformiJng. use on a pre - existing nonconforming lot is changed, ex- tended or altered to a conforming use which requires the same or less minimum lot area, minimum lot width or frontage, and /or minimum lot depth than is required for the present use, then a finding (as stated in 9.3B above) would he required. �• Pre- Oxistinc► nonconforming` lot - nonconforming use Pre- existing nonconforming uses on pre - existing nonconforming lots may be extended or altered provided that no such exten- sion or alteration shall be permitted unless there is a finding by the 'Zoning Board•.of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neigh- horhood. F. Pr.A existing nnnconformin gtr ct - change in use A use in a pre- existing nonconforming structure may be changed, extended, or altered only if there is a finding by the Zoning Board of Appeals that such change, extension or alteration is not substantially more detrimental than the existing nonconforming use to the neighborhood. Section 1.4 - Sinal,e Lot E XP_ m tion for Sin le and rm- F it Us Any increase in area, Frontage, w4.dth, yard or depth requirements of the Zoning Ordinance shall not apply to a vacant lot for single and two - family residential. use, which: (a) has at least 5,000 square feet of area and fifty feet of frontage; (h) i3 in an area zoned for single or two - family use (a special permit must he obtained if one is required); DISTRICTS ?'or the grant or moderate toms, protec- s shall state 'h the special i or intensity ,granted for brood would that such ,tial use, and or planned uildings and om adjacent A cluster as a zoning dimensional ,e otherwise -tided to the Irdi,lance or vent. Such within the Z ccepted by c principal rporation or l plot. if veyances of the city or that such ,ti,il use or of of land tirnes the c or by -law - :al or other tageous to (iuirernents , n space, if he develop- as shared or by-laws eed a to'... ary for ti e be issued ) with the the city or CITIES, TOWNS & DISTRICTS 40A § 9 town clerk by the applicant; • and may provide that certain classes of special permits shall be issued by one special permit - granting authority and others by another special permit granting authority as provided in the ordinance or by -law. Such special permit granting authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the city or town clerk. Such rules shall prescribe a size, form, contents, style and number of copies of plans and specifications and the procedure for a submission and approval of such permits. Special permit granting authorities shall act within ninety days following a public hearing for which notice has been given by publication or , .osting as provided in section eleven, and by mailing to all parties in interest, provided, however, a city council having more than five members designated to act upon such a permit may appoint a committee of such council to hold the public hearing. Failure b a,_= tlal._p-un iL r mting.authority to take final action upon an application for a sIjZcialyermit within said ninety days following the date of public hearing shall be deemed to be a .-rant of the permit applied for. Special permits issued by a special permit granting authority shall require a two - thirds vote of boards with more than five members, a vote of at least four members of a five member board and a unanimous vote of a three member board. Zoning ordinances or by -laws shall provide that a special permit granted under this section shall lapse within a specified period of time, not more than two years, which shall not include such time required to pursue or await the determination of an appeal referred to in section seventeen, from the grant, thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construc- tion has not begun by such date except for good cause. Zoning ordinances or by -laws shall also provide that uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good. A hazardous waste facility as defined in section two of chapter twenty -one D shall be permitted to be constructed as of right on any locus presently zoned for industrial use pursuant to the ordinances and by -laws of any city or town provided that all permits and licenses required by law have been issued to the developer and a siting agreement has been established pursuant to sections twelve and thirteen of chapter twenty -one D, provided however, that following the submission of a notice of intent, pursuant to section seven of chapter twenty -one D, a city or town -may not adopt any zoning change which would exclude the facility from the locus specified in said notice of intent. This section shall not prevent any city or town from adopting a zoning change relative to the proposed locus for the facility following the final disapproval and exhaustion of appeals for permits and licenses required by law and by chapter twenty -one D. Amended by St1980, c. 508, § 5; St.1982, c. 344; St.1985, c. 408; St.1985, c. 637, §§ 3 to 5. 1980 Amendment. St.1980, e. 508, § 5, an emergency act, approved July 15, 1980, added the eleventh paragraph. Section 12 of St..1980, c. 508, provided: "It is hereby declared that the provisions of this act are severable, and if any provision of this act shall be declared unconstitutional by the valid judgment or decree of any court of compe- tent jurisdiction, such unconstitutionality shall not affect any of the remaining provisions of this ,Let." 19$2 Amendment. St.1982, c. 344, approved July 15, 1982, inserted the seventh paragraph. 1985 Amendments. St.1985, c. 408, approved Oct. 18, 1985, in the ninth paragraph substituted "which shall not include" for "and including ". St.1985, c. 637, § 3, approved Dec. 23, 1985, in the first sentence of the second paragraph in- 33 �rMt3' {�,n. � � �'gc * ". � .. �'. _ •. �a, k;; �'� , `.. -"00 Northampton Zoning Board of Appeals Decision on Application of Eugene Tacy May 6, 1987 The Zoning Board of Appeals of the City of Northampton met on May 6, 1987 at 7:30 p.m. in Council Chambers, Wallace J. Puchalski Municipal Building to render their decision on the request of Eugene A. Tacy for a Special Permit under the provisions of Section 5.2, Page 5.13, Paragraph 13 and a Finding under the provisions of Section 9.3, Paragraph B of the Zoning Ordinance of the City of Northampton for the purpose of constructing a construction supply establishment in conjunction with his existing contractors' yard on property located on Main Street, (Leeds), Northampton, MA (SI Zone). Present and voting were: Acting Chairman Peter Laband, William Brandt and M. Sanford Weil, Jr. It was moved, seconded and voted unanimously to approve the minutes of the April 15, 1987 public hearing without a public reading. The Acting Chairman stated that at the time of the public hearing, some technical questions were brought up by Att. Melnik, who submitted a brief outlining these questions. The Board referred these issues to the City Solicitor, who, in turn, forwarded her opinion. The Acting Chairman read a memo to the Zoning Board of Appeals from Kathleen Fallon, City Solicitor, dated 5/6/87, which stated, among other things, that it appears that a Special Permit is not applicable and that the Board should rule only on the Finding request. It was moved, seconded and voted unanimously that the Special Permit request was not applicable in this situation and the Board would follow the City,Sol- icitor's suggestion and address the request for a Finding. S. Weil stated that he took a site view and spoke with several neighbors. He found that as the site measures 2+ acres and the proposed building will be situated on the rear of the lot directly facing a bridge, that the addition of a 60 x 60' (23.5' high) structure on the rear of the lot will not affect the atmosphere of the village of Leeds. He added that the proposed "park" referred to at the public hearing is, in fact, a narrow strip of land along the bank of the river away from the bridge, which starts 1/4 block beyond this site. He also suggested that as those in power chose to zone this parcel SI, the applicant /owner is entitled to this use. He found in favor of the finding request. W. Brandt found that as the request represents a long -term impact on the conditions of the neighborhood and town, the construction of a 60 x 60' building would be substantially more detrimental to this existing residential neighborhood than the existing use. I DECISION OF ZONING BOARD OF APPEALS At a meeting held on May 6, 1987, the Zoning Board of Appeals, in a split decision, voted to deny the Finding request of Eugene A. Tacy, 158 North Maple Street, (Florence), Northampton for the purpose of constructing a 60 x 60' building to be used in conjunction with the existing contractor's yard located on Main Street, Leeds, MA (more particularly identified as Parcel 10D of Sheet 17 of the Northampton Assessors' Maps). Present and voting were: Acting Chairman Peter Laband, - William Brandt and M. Sanford Weil, Jr. The findings were as follows: 1 S. Weil stated that he took a site view and spoke with several neighbors. He found that as the site measures 2+ acres and the proposed building will be situated on the rear of the lot directly facing a bridge, that the addition of a 60 x 60' (23.5' high) structure on the rear of the lot will not affect the atmosphere of the village,of Leeds. He added that the proposed "park" referred to at the public hearing is, in fact,a narrow strip of land along the bank of the river away from the bridge, which starts 1/4 block beyond this site. He also suggested that as those in power chose to zone this parcel SI, the applicant /owner is entitled to this use. He found in favor of the finding request. W. Brandt found that as the request represents a long- term impact on the conditions of the neighborhood and town, the construction of a 60 x 60' building would be substantially more detrimental to this existing residential neighborhood than the existing use. P. Laband found that as this neighborhood is in transition and is in the process of being upgraded, and as this single parcel zoned SI is in the middle of the neighborhood, the expansion of this use with the accompanying increase in noise, heavy truck traffic and activity would be more detrimental to the neighborhood. It was moved, seconded and voted unanimously that a Special Permit is not applicable in this situation and is therefore, put aside,- - following he City_ li tar' a inion. See-minutes. Peter Laband, Acting Chairman William Brandt M. Sanford feil, Jr. �%. APR 2 1937 I- Aj4t4ING +O1: C D�vELCP ENT AN D City Solicitor's Office 212 Main Street Northampton, Ma 01060 PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 April 21, 1987 Re: Eugene Tacy - Application for Zoning Permit Main Street, Leeds, Massachusetts . De.,ir Attoney Fallon and Attorney Gleason: Telephone 413 -584 -6750 Please be advised that I represent Eugene Tacy and his family concerning his application for a Building Permit to construct a Construction Supply Establishment on their property zoned Special Industrial on Main Street, Leeds, Massachusetts. It is my understanding that the Building Inspector has requested a Ruling and that you will also receive a Request for a Puling from the Zoning Board of Appeals concerning the necessity to obtain a Special Permit for the Building Permit for the Construction Supply Establishment. At this time I would like to set forth in writin- the position of Eugene Tacy concerning his belief that he does not need additional approval in order to obtain a Building Permit in order to construct a Construction Supply Establishment on that parcel of land. Eugene Tacy and his family have operated a contractor's yard for the open storage of raw materials and construction equipment on this lot for a period of approximately nine years. This was a continuation of a use of the prior owner, George Tobin, who also used this parcel of land for a contractor's yard. Neither George Tobin nor the Tacy family had obtained a Special Permit for the operation of the contractor's yard prior to 1984 and that business was operated as a pre - existing non - conforming use under the Zoning Law of the City of Northampton. However, a contractor's yard for the open storage of raw materials and construction equipment is allowed in a Special Industrial Zone by Special Permit under current zoning. 1.r/ In September of 1984 Eugene Tacy filed an Application for • Zoning Permit for the purpose of constructing a building for • Construction Supply Establishment and also in the same application for a Zoning Permit asked for a Special Permit to PATRICK J. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 -2- r Telephone 413- 584 -6750 conform his pre - existing non - conforming contractor's yard. A copy of his application for said Special Permit and a Finding under Section 9.3B are attached to this correspondence. In September of 1984 a Finding under Section 9.3B of the Zoning Ordinances for the City of Northampton was required in order to construct the Construction Supply Establishment, because although a Construction Supply Establishment is allowed as of right under current zoning, since the pre- existing contractor's yard required a Special Permit that had not yet been received by the Tacys, the Construction Supply Establishment, allowed as of right, was to be used in conjunction with a pre - existing non - conforming use and, therefore, required a finding under Section 9.3B of the Zoning Ordinance. It is the position of Tacy that he could have either: 1. applied for a finding under Section 9.3B only, which is a Finding that his Construction Supply Establishment would be not more substantially detrimental than the existing use of the property. That would have been sufficient to allow him to get a building permit to construct his Construction Supply Establishment building. In the alternative, in 1984 he could have: 2. filed only for a Special Permit to legalize his pre- existing non - conforming contractor's yard. However, to be prudent, the Tacys filed for both the Special Permit and the Finding in September of 1984. On November 28, 1984 the Zoning Board of Appeals made a Decision "to grant the Special Permit ... to construct a building for the purpose of establishing a construction supply business :in conjunction with his existing contractor's yard on Main Street, Leeds." Tacy's position is that the Decision of the Zoning Board of Appeals was inartfully written and should have read that the Zoning Board of Appeals made a finding that the construction of a Construction Supply Establishment was not substantially more detrimental than the existing use of the property and that a Special Permit for the operation of a contractor's yard was allowed. In all events, it is clear under Massachusetts General Laws, Chapter 40(a), Section 9 that both the Application for a Special Permit to allow his contractor's yard and the Finding under Section 9.3B were allowed, because even though the Decision of the Zoning Board of Appeals was ...0 PA i .LACK .j. MELNIK ATTORNEY AT LAW 110 King Street Northampton, MA 01060 —3— Tc1cphone 413 - 584 -6750 unclearly written Massachusetts General Laws, Chapter 40(a), Section 9 specifies "that failure by a permit granting authority to take final action upon an application for a Special Permit within said ninety days following the date of tho public hearing shall be deemed to be a grant of the permit applied for." Therefore, the Decision of 1984 was either a grant of the permit requested, or if the grant of the Special Permit for the contractor's yard could not be read into the decision of the Board of Appeals in November of 1984, since it was applied for, i: was allowed b right under Massachusetts General Laws, Chapter 40a, Section 9. In October and December of 1986 Eugene Tacy applied for a Building Permit for the construction of his construction supply establishment. At that time the Building Inspector declined to issue a Building Permit and took the position that the Special Permit that had been issued in 1984 had expired. It is the position of Eugene Tacy that the Special Permit granted in September of ].984 for the open storage of raw materials and construction equipment could not have expired after eighteen months because there is no requirement that any building be constructed in order to continue the OPEN STORAGE of raw materials and construction equipment under the zoning ordinances of the City of Northampton. Therefore, in 1986 when Eugene Tacy applied for his building permit for the Construction Supply Establishment his contractor's yard, which prior to 1984 had been a pre - existing non-conforming use, was by virtue of the Special Permit granted in 1984 an allowed use by Special Permit in a Special Industrial Zone. Therefore, a Construction Supply Establishment, which is allowed by right under the current Zoning Law in a Special Industrial Zone, required no further action by the Board of Appeals. Even if the Finding that had been made in 1984 had expired due to the eighteen month lapse of time, the current application for a Building Permit by Eugene Tacy does not require a new Finding. I refer your attention to the provisions of 9.3 of the Zoning Ordinance of the City of Northampton which provides in part "providing that if s;;ch change, extension or alteration RESULTS IN ALL USES complying with the zoning requirements, THEN SUCH FINDING IS NOT NECESSARY." `r - -•/' COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, S.S. CITY OF NORTHAMPTON EUGENE A. TACY, Petitioner BUILDING INSPECTOR FOR THE CITY OF NORTHAMPTON Notice of Appeal . Law Office 1TRICK J..NfEL NL 1K 110 King Street thampton,MA 01060 Now comes Eugene A. Tacy of 158 North Maple Street, Florence, Massachusetts who states that on or about April 15, 1987 he filed an application for a building permit with the City of Northampton for purpose of constructing a construction supply establishment on his property located on Main Street in Leeds, Massachusetts. The property is zoned Special Industrial. A building permit for a construction supply establishment is allowed by right under the city zoning ordinances. More than thirty -five (35) days has elapsed since the date of filing the application for the building permit, and no action has been taken on the application by the Building Inspector for the City of Northampton. Eugene A. Tacy therefore says that the application for a building permit is deemed to be denied and he has a right of appeal pursuant to Massachusetts General Law, Chapter 40A, Section 15. This is a Notice of Appeal filed with the City Clerk for the City of Northampton pursuant to said Chapter. 413- 584 -6750 `'' ../ -2- Attached to this Notice of Appeal is an application for a zoning permit and the copy of the application for a building permit filed with the Building Inspector for the City of Northampton. June 9, 1987 d at City Clerks Office JUA S S. 1 L O Law Office PATRICK J. MELNIK 110 King Street Torthampton,,NIA 01060 413- 584 -6750 Dat C \�- / 4 / A /a. 2, FUatrick J. Melnik 110 King Street Northampton, Mass. 01060 584 -6750 Eugene A. Tacy I S%1111 Do Not Write In These Spaces Application Number: Rec'd. B. 1. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) By Date 7 gY Date Date Amt. Date 7 r Date IF I- - I APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: Name of Applicant Eugene A. Ta Address 158 North Maple Street, Florence, Massachusetts 01060 2. Owner of Property Eugene A. Tacy, James J. Tacy, Richard J. Tacy, Harold G. Tacy and Address Helen N. T Main Street, Leeds, Massachusetts 0105' 3. Applicant is: 'Owner; El Contract Purchaser; `Lessee; E Tenar,t in Possession. 4. Application is made for: VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. "SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. FXOT H ER: Appeal of failure of building inspector to issue -b office supply establishment 5. Location of Property Main Street, Leeds, Massachusetts being situated on the east side of Main Street; and shown on the Assessors' Maps, Sheet No. 10D Parcel (s) 17 6. Zone Special Industrial 7. Description of proposed work and/or use; Applicant filed an application with the buil ding inspector of the City of Northampton for a building permit for a contractor's supply establishment. This use is allowed as right under a special industrial zone under provisions of the zoning ordinance. Application for a building permit filed on nr about May 15, 1987. No action was taken by the building inspector with respect to the application for said building permit. Massachusetts General Laws nrnvide that appeal may be taken at the expiration of thirty -five (35) days from the failt,re of t he building inspector to issue permit. 8. (a) Sketch plan attached; CNYes ❑ No (b) Site plan: ❑ Attched L Not Required 9. Set forth reasons upon which application is based: Construction supply establishment is allo wed by right under special industrial zone in the City of Northampton. Th premises ar e in a special industrial zone. Building inspector has refused to issue building permit for a contractor's supply esta is went. Appeal is authorized pursuant to the provisio of Massach usetts General Laws. This is a notice of appeal and request for permit pursuant to the provisions of Massachusetts General Laws, Cahpter 40A, Section 15. 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true tot est of my knowledge. Date June 6, 1987 A pplicant's Signature CITY OF NORTHAMPTON 9� « MASSACHUSETTS OFFICE of the INSPECTOR of BUILDINGS INSPECTOR Page Plot APPLICATION FO -. ZONING PERMIT A( BUILDING PERM(: rmr Ur[ t AN t - Applicant to complete ON items in sections: 1, 11, Ill, IV, and IX, 1. LOCATION OF BUILDING A AT (LOCATION) ��� /t�� S-f• Q s ZOatVG �' r I t+O1 15TREETI CL DISTRICT J � JV j. / r BETWEEN — � }c' C h (CROSS STREET( }}�� SUBDIVISION �O P�0 - 71c (r/ ICROS STREET( LOT LO i BLOCK _ S17F 1 Tyr- A`:;_1 L.UJI OF BUILDING — A/ TYPE OF IMPROVEMENT 1 New building 2 ❑ Addition( // residential, enter number u/ ncru housing units added, it any, in fart D, 13) 3 ❑ Alteration (See 2 above) 4 R replacement 5 ❑ Wrecking (11 multi family residential, enter nurnher of units to builrllrrg in Part D, 13) 6 ❑ Moving (relocation) 7 ❑ Foundation only B. OWNERSHIP 8 k Private (individual, corporation, nonprofit institution, etc.) 9 ❑ Public (Federal, State, or local government) C. COST 10. Cost of improvement •••••, To be installed but not included in the above cost a. Eiectricol ...................... b . Plumbing .........• C. Heating, air conditioning......... d. Other (elevator, etc.) ............. 0 C e --- 06 c sal, library, other eaucatianal I, 27 ❑ Stores, mercantile i I 28 L J Tanks, towers 29 `:; Other - SpreilyS. .si7t , ?r e c�tA 1 I. L C O�' f^ 7'c) Ci.`Y• 5 ..: .rr �Y�r {• 9 " AA F. V °6 s��� -M -e �� 11, TOTAL COST OF IMPROVEMENT 1 L Coo _ - IiI. SELECTED CHARACTERISTICS OF BUILDING — For new buildings and additions, complete Ports E — L; for wrecking, complete only Port J, for all others skip to IV. E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL 1 30 Masonry ( bearing) 40 Public or private compa 31 ❑Wood frame 41 ❑ P ny Private (septic tank, etc.) 32 ❑ Structural steel 33 ❑ Reinforced concrete H. TYPE OF WATER SUPPLY 3471 Oth - Specify 42 Public or private company 43 ❑ Private (well, cistern) F. PRINCIPAL TYPE OF HEATING FUEL 35 ❑ Gas r 36 _ o 37 Electricity 38 ❑ Coal 39 ❑ Other - .Specify I applicants c omplete Ports A - D D. PROPOSED USE - For ­wrecking­ most recent use Residential 12 ❑One family Nonresidential I - 13 ❑ Two 1g ". Amusement, recreational or more family - heeler number of units - - 19 i 1 Church, other rel - i 14 ❑ Transient hotel, 20 Industrial • motel, or dormitory l:rrlr•r number 21 I.. Parking garage of units - - - - - - - - i 15 ED Garage 22 i I Service station, repair gars e - g i 16 ❑ Carport 23 ! Hospital, instituhonai i 17 ❑ Other - Speci 24 ( ) Of(ice, bank, professional /y 25 ❑ P ublic utility 7 26 ❑c h (Omit cents) �z . Di1 I. TYPE OF MECHANICAL Will there be control oil conditioning? 44 ❑ Yes 45 R Na Will there be an elevator K. NUMBER OF OFF - STREET PARKING SPACES 51 . Enclosed ....................... 52 . Outdoors ........................ L- rct2-lutNTIAL BUILDINGS ONLY 53. Number of bedrooms . 54. Number of 1 Full.......... y Nome Mailing address — \umnrr, slur•[, rtfN, •. or cC r' • Y1 f a `� !— > �/ l is i1 C � Contractor L•crrsr No. c'f" s. Architect or Cl�� �V��`� ,:i� ,in�L17��� "i ^ rrl'1. +3•' S.� Engineer `~ - I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as' authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signor re f applicant Address APPI,cat on dote �1 00 NOT WRITE BELOW THIS LINE Y. PLAN REVIEW RECORD — For office use Pions Review Required Check Plan Review Fee Dote Plans $totted I B y Dote Pions Approved BY Notes BUILDING PLUMBING Is Obtained i I BOILER MECHANICAL s PLUMBING ELECTRICAL I A ^� CURB OR SIDEWALK CUT OTHER ROOFING VI. ADDITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS Permit or Approval Check Date Obtained Number B y Permit or Approva PP Check Dote Obtained Number By BOILER PLUMBING CURB OR SIDEWALK CUT ROOFING ELEVATOR SEWER ELECTRICAL SIGN OR BILLBOARD FURNACE STREET GRADES I GRADING USE OF PUBLIC AREAS OIL BURNER WRECKING OTHER OTHER II. V Building Permit number _ Building -- Permit issued _ Building Permit Fee $ ' FOR DEPARTMENT USE ONLY Certificate of Occupancy �^ Drain Tile $ Plan Review Fee $ Approved by: Use Group Fire Grading Live Loading Occuponcy Load TITLE LL'*t1Nb ('LAM 1:1AMlN1 t- Z1 KU t is (STRICT ` ISE :RONT YARD ;IDE YARD REAR YARD NOTES SIDE YARD K. SITE OR PLOT PLAN - For Applicant Use 4. 1 ..r -+-.- . .. .J-.- Fl_+l y..._.'J..r� r- 1 }I�.11+1_..J ,1 .Iy J.•JJ.i.- "1_Ii1Ja•li�J _!_.4 J y 41 l l J 11IT LJ-, ..�,., . I ~ # �: -1•.� LL 1J_. 4+.- .+.+- �._4L.J .����....1... ..4 1J- •11..1 .._LU�1: . . L 1 � - ' �"'�'� .i. L t.t ._.L: u}i .. � � •-• � � l -v y. . -. 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'..��'�_`rL2.i�'.+:��'u" �:S.:t.i »::tliL.. ..a- ,..2.' 1 •,, 1 .f .�'� I 1 11.1.'. ,IJ.....1.- �li.•,�•�_ 1�. 1 1'1 {' ` \\ ��T['� .��-.�^T' 1 MTV R.'• N; 1.!t `'�t: ° PfiC: #�(= .'14.11 t t.-4 k.' .nlw- .M4a '".'T6f, iY' ft�i w : I JY'i. :': Vf�� e':�rL <f. ,t`t..'r .'•� awe Northampton Zoning Board of Appeals Decision on Application of Eugene Tacy August 12, 1987 The Northampton Zoning Board of Appeals of the City of Northampton met on August 12, 1987 at 7:10 p.m. in Council Chambers, Wallace J. Puchalski Municipal Building to render their decision on the request of Eugene A. Tacy for an Appeal of the refusal of the Building Inspector to issue a Building Permit for the purpose of constructing a construction supply establishment at his property located on the easterly side of Main Street, Leeds, MA. Present and voting were: Chairman Robert C. Buscher, Peter Laband and Sanford Weil, Jr. It was moved, seconded and voted unanimously to approve the minutes of the July 15, 1987 public hearing without a public reading. S. Weil concurred with the advise from the Legal Department that a building permit cannot be issued for the expansion of the pre- existing nonconforming use without a Finding from the Board of Appeals. He found that in the absence of a division of the lot or a discontinuance of the nonconforming contractor's yard, and in view of the fact that the Board denied Mr. Tacy's previous request for a Finding (which is now in court on appeal), that the Building Inspector's refusal to issue a building permit was correct. P. Laband found Att. Melnik's argument regarding the possibility of his client subdividing the lot or discontinuing the pre- existing nonconforming use after the issuance of a building permit ingenuous. He noted that the City Solicitor had reviewed the application and found that this request still represents an expansion of a pre- existing nonconforming use, and therefore, requires a Finding from the Board of Appeals. Because of the reinforcement from the Legal Department on this matter, he supported the ruling of the Building Inspector. He also noted that there are opportunities available to the applicant to achieve his end. R. Buscher concurred, finding the petition redundant in that the applicant has requested to be allowed to put a use on the property which would expand a pre- existing nonconforming use. He noted that the applicant alleged that if the Board countermanded the Building Inspector's decision and ordered him to issue a building permit, the current nonconforming use would not continue on site. As there is no evidence that this would occur, and as the request represents an expansion of a nonconforming use, he upheld the Building Inspector's decision to refuse to issue a building permit. It was moved, seconded and voted unanimously that the decision of the Building Inspector to deny issuance of a building permit be upheld. 1"W 14.000, Northampton Zoning Board of Appeals Public Hearing on Application of Eugene Tacy 7uly_ 1987 The Northampton Zoning Board of Appeals of the City of Northampton held a public hearing at 8:00 p.m. on July 15, 1987 in Council Chambers, Wallace J. Puchalski..Municipal Building to consider the request of Eugene A. Tacy for an Appeal of the refusal of the Building Inspector to issue a Building Permit for the purpose of constructing a construction supply establishment at his property located on the easterly side of Main Street, Leeds, MA. Present were: Chairman Robert C. Buscher, Peter Laband and Sanford Weil, Jr. The Chairman read the public notice as it appeared in the Daily Hampshire Gazette on July 1 and 8, 1987. He read a memo from the Northampton Planning Board and advised those present of their right to appeal. S. Weil stated that in his opinion, it application to be before the Board, a; application for a Finding to build a establishment was denied and subsequently that the Building Inspector must follow the felt that the Board should not entertain could set an unfavorable precedent. is incorrect for this. s Mr. Tacy's previous construction supply appealed. He stated Board's direction and any discussion, as it Att. P. Melnik, representing Mr. Tacy, argued that the issue before the Board at this time is different than. what was requested previously. He stated that the Board's decision (5/6/87) to deny the Finding (in conjunction with a Special. Permit) request (filed 3/4/87) for the purpose of expanding a nonconforming use (contractors' yard) was made after this application for a Building Permit (4/15/87 *), and therefore, the Building Inspector did not act as a result of the Board's action. He stressed that this request for a 60 x 60' structure is not in conjunction with the pre - existing nonconforming use, but for an allowed use (construction supply establishment) under the Zoning_ ordinance. He argued that Mr. Tacy has the right to either abandon the pre- existing nonconforming use or subdivide the lot into two conforming lots, where he could erect a construction supply establishment by right on one lot and continue the pre- existing nonconforming use on the other. Responding to P. Laband's reference to City Solicitor K. Fallon's letter of opinion, Att. Melnik sug that-this letter relates only to the previous application for a Finding. P. Laband questioned Att. Melnik if the lot has been subdivided . or if his client has indicated that he will abandon his pre- existing nonconforming use. Att. Melnik answered in the negative. to both questions. *Application for Appeal gives a 5/15/87 date for the bui lding permit application. °P' 14=000, Northampton Zoning Board of Appeals Tact' A ppeal - Page 2 The Chairman called on proponents or opponents. Gene Tacy quoted the Zoning or dinanc e regarding abandonment of pre- existing nonconforming uses. R. Buscher stated that the Board must have evidence that the. applicant intends to abandon his pre - existing nonconforming use or subdivide the lot. The Board decided to ask K. Fallon for any clarification o£. her opinion and to allow time for Att. Melnik to submit a brief in support of his arguments. It was moved, seconded and voted u to close the public hearing at 8:45 p.m. Present, in addition to those_ mentioned, were J. Parker, Staff Assistant, and the Tacy f amily _ L � Robert C. Buscher, Cha - �o0.znn n CITY OF NORTHAMP 9 MASSACHUSETTS OFFICE of the INSPECTOR of BUILDINGS Page APPLICATION FO INSPECTOR ZONING PERMIT A,' BUILDING PE,RMI IMYURTAHT — Applicant to complete all items in sections: 1, 11, 111, IV, and IX. I. I AT (LOCATION) / � - ! VA) - � �e -e Cl S p Srp � J/ — I LOCATION I40.1 ISTREETI OF / ' BETWEEN .a?�'Ci� AN N n {Yr' Y BUILDING ( CROSS SiREE') icRos sTREE T, suSOlvlsloN /Ob/o /71e0/ LOT l i -- LOT BLOCK SIZE A TYPE Ate COST OF BUILDING — All opplicants complet Ports A - D TYPE OF IMPROVEMENT D. PROPOSED USE - For "'Nrec4ing" most recent use 1� New building I R 2 f1 Addition(!/ residential, enter number es,eential 121 Nonresidential 1 u/ ncru housinR units added, i/ any, I One family t 8 i I Amusement, recreation,; in fart 0, 1 3) 13 Two o r more family - finger 19 I Church, other religious r-� 3 i I Alteration (See 2 above) number o/ units- - - - --3. 20 Industrial 4 �� R.,pai,, 14 TransL nr hotel, motel, - -- replacement or dormitory - linter number Z1 Par4,ng garage I 5 ❑ Wrecking (11 multi / amily residential, u/ units - - - - - - - - y 22 Service sraNan, repair entrrr nurnbc•r o/ urrits to builckrzR in • 15 Garage garage 23 Part n, 13) lr_i _ Hospital, institutio n ai 6 I Moving (relocotian _ 16 �� Carport 24 Office, ban., profesvar.,l 7 Foundation only I t `! Other - $peel / 25 Public utility i r 26 7 L�] School, librar other a t' I B. OWNERSHIP 8,5 Private (individual, corporation, nonprofit institution, etc.) 9 n Public (Federal, State, or local government) I C. COST 10. Cost of improvement ,,,,,,,,,, To be installed but not included in the above cost a. Eiec !rical ...................... b . Plumbing ...................... C. Hooting, air conditioning......... d. Other (elevator, etc.) ............. Y, a ue , a ono f 27 7 7 Stores, mercantile j 28 `J Toolts, towers 29 Other _ Speci /y�- t ;7et,; 1 1 r I •• '• I �O • YI'f dC "l1i'�^j �' :/'YiY✓✓�r��ja,i (Omit cents) - :� _ • � r' -.��_? .� j :. j /014 G ` o i e� r• Co r �°� c F- s s �c o C) 11. TOTAL COST OF IMPROVEMENT Is G III. SELECTED CHARACTERISTICS OF BUILDING — For new buildings and additions, complete Ports E — L; for wrecking, complete only Part J, for all others skip tO IV. I E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL I 1 30 0 Masonry (wall bearing) 40 '/ ` Public or private company 31 F-1 Wood frame 41 U Private (septic tank, etc.) I, _ 32 Structural steel 33 Reinforced concrete 34 Other - Speci /y F. PRINCIPAL TYPE OF HEATING FUE 35 u r Gas 36 l7Oil 37 Electricity 38 Coal 39 Other - Speci H. TYPE OF WATER SUPPLY 42'�< Public or private company 43 l_I Private (well, cistern) I. TYPE OF MECHANICAL Will there be central air conditioning? 44 ` I Yes 45rj Na Will there be an elevators K. NUMBER OF OFF - STREET PARKING SPACES 51. Enclosed ....................... I t 1 52 . Ou tdoors ........................f L. RESIDENTIAL BUILDINGS ONLY 53. Number of bedrooms .............. : Full, - Name of RECORD — For office use I Plan Review Plan: Review Required I Check I Fee Date Plans $tarred I By Dote Pions Approved By Notes BUILDING I �S I ( PL UMBING IS I L.<ense No. MECHANICAL , Contractor e � yid, - 77 , � SEWER I I ELECTR A •rchitecr or 2v _ (� ,j - \ \� , 1�� � > lZ � CZ l rl I j OTHER I Engineer i - I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as ' authorized agent and we agree to conform to all apolicable laws of this jurisdiction. $ignatF applican � Address L _1 — Appl cat-on date A () 00 NOT WRITE BELOW THIS LINE V. PLAN REVIEW RECORD — For office use I Plan Review Plan: Review Required I Check I Fee Date Plans $tarred I By Dote Pions Approved By Notes BUILDING I �S I ( PL UMBING IS I ' MECHANICAL i IS I I I SEWER I I ELECTR IS i FURNACE j OTHER I IS i i I f VI. ADCITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS Permit or Approval Check D °iO Number I y I Obtained N b B P C Permit or Approval (heck I Dote Obtained I Number By BOILER I ( PLUMBING CURB OR SIDEWALK CUT I I ROOFING ELEVATOR I I I SEWER I I ELECTRICAL I j SIGN OR BILLBOARD FURNACE j I STREET GRADES I I GRADING I I I ( USE OF PUBLIC AREAS I j OIL BURNER I f WRECKING I OTHER j I I I OTHER VII. VALIDATION Building Permit number Building •- Permit issued Building Permit Fee Certificate of Occupancy S Drain Tile $ Plan Review Fee $ Approved by: ' FOR DEPARTMENT USE C,4'—Y Use Group Fire Grading Live Loading Occupancy Load i TITLE SITE OR PLOT PLAX — For Applicant Use ILI . L • -- __ - t J r :� r. J r11 - _- _ - :.. y.._,y.= - � - - � � •T +r•, `uj. i _ ..1_•- .y1.a.. -t ..• 1 •. •L..• _ - -4� -u. •_:- •.y.......: r�rr .J -:J J..J_ ..- J_- ..iJ1.- :- 1�•�:J1..r..�w_•a __+Y'i•. 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X ' 1 .� ; 1�� - - �'� ilk: ;i�. :i• �;• . 1 � ' jj .1 -te 'l. il. •'• wit .1 ;i ila :1. .1• �1 .1• �1: .; :. .i. i' 'I:ill :; iili' ,� J , .,. . i .. ` -, t77 7._. - .;1. ... .; :i:1: � .. : : i'i. :i , ;• ., (✓ .. ~ :i: ii:: r' i-: �: i''t .+ii ,�F'.7�' bid +twllO.�r..:. , :tv.r. ,, • 1 t'.!: 4f••:.'•� y N *mw ♦0po CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Kathleen Fallon, Assistant City Solicitor FROM: Marion Mendelson, Chairman, Northampton Planning Board SUBJECT Tacy Appeal June 22, 1987 DATE: FILE 1987 At their meeting on June 25, , the Northampton Planning Board will be reviewing Eugene Tacy's App eal to the Zoning Board of Appeals (dated 6/12/87) regarding the refusal of the Building Inspector to issue a Building Permit for the purpose of constructing a contractor's supply establishment at his property located on the easterly side of Main Street, Leeds, MA. The issue appears to be thitnonconformingousermiWe use on a lot with an already pre-existing would appreciate your opinion and a clarification of the issues regardinq this matter. `law Patrick T. Gleason, Esq. City Solicitor Kathleen G. Fallon, Esq. Assistant City Solicitor Marion Mendelson, Chairman Northampton Planning Board City Hall Northampton, MA 01060 RE: Tacy Appeal Dear Ms. Mendelson: June 24, 1987 ../ I have received your request for my opinion on the issues involved in Mr. Tacy's appeal to the Zoning Board of Appeals of Mr. Tewhill's denial of a building permit for the Tacy property on Main Street, Leeds. In response, may I submit the following. Mr. Tacy's property is zoned SI. He operates a construction yard on that site, a use which currently requires a special permit in that zone. (A 'construction yard' is deemed to entail the open storage of raw materials and construction equipment) Mr. Tacy does not have a permit since the construction yard use predates the requirement for a special permit. Mr. Tacy's construction yard is a pre- existing non - conforming use. In February, 1984, Mr. Tacy received a building permit for a storage building on the subject property. This permit revoked by the Building Inspector in March, 1984, prior to any construction. Mr. Tewhill stated that action by the Zoning Board of Appeals would be necessary since the use on the site was non- conforming. Mr. Tacy then applied to the Zoning Board of Appeals for (1) a special permit for the operation of the construction yard and (2) a finding under Section 9.3(B) of the Zoning Ordinance to allow expansion of the non - conforming use to include a new use, a construction supply establishment, an allowed use in that zone, atK 9 a - CITY OF NORTHAMPTON MASSACHUSETTS CITY HALL 210 Main Street Northampton, MA 01060 LEGAL DEPARTMENT 586.6950 1 % . and the construction of a 30x30 building to house both uses. On November 28, 1984, the Zoning Board of Appeals rendered a decision in which it purportedly granted a special permit 'for the purpose of establishing a construction supply business...' The Board made no ruling on the request for a finding under Section 9.3(B). The relief granted was incorrect and not responsive to the application. Mr. Tacy requested a special permit for the construction yard use. The decision granted the permit to construct a building for the construction suppl business use which is an allowed use in that SI zone. The request for a special permit was inappropriate and should have been denied. Since the Tacy business was a pre- existing non - conforming use, the appropriate method of changing, altering, or extending that use is through a finding under Section 9.3(B). Addition of a use allowed by right in that district is still an extension /alteration of the non - conforming use. Construction of a building to house either the pre - existing non - conforming use or the extended use is also an extension /alteration of the current use and requires a finding. Since the Zoning Board of Appeals did not act on the request for a finding on its decision of November, 1984, that request was granted by default. However, like a special permit, a finding will lapse if the rights granted thereunder are not exercised within the specified time period. The Northampton zoning ordinance requires that substantial use of those rights commence within eighteen months. Mr. Tacy first applied for a building permit in November, 1986. Clearly the eighteen month period had expired. The application that is the subject of this appeal was also filed after expiration of the eighteen month period. Since the construction contemplated would expand and /or alter a pre- existing, non- conforming use, and the finding granted in 1984 had expired, further action by the Zoning Board of Appeals is required prior to the issuance of a building permit. Mr. Tacy did try to obtain the required Zoning Board of Appeals approval earlier this year. He filed an application for relief almost identical with that filed in 1984. On May 6, 1987, in a split decision, the Zoning Board of Appeals ruled that the special permit request was not appropriate and denied the request for a finding under Section 9.3(B). Mr. Tacy has filed an appeal of that decision with the Superior Court. 2 1 In summary it is my opinion that the application for the building permit was correctly denied. Very truly yours,_ Kathleen Fallon, Esq. Assistant City Solicitor cc: Edward Tewhill Zoning Board of Appeals 3 W ,.r - Do Not Write In These Spaces �"''' Application Number: Recd. B. 1. Checked Filed Fee Pd. Recd. ZBA Map(s) Parcels) r BY p a1e Dace Cate Amt. Cate BY Oace APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Eugene A. Ta Address 158 North Maple Street, Florence, Massachusetts 01060 2. Owner of Property Eugene A. Tacy, James J. Tacy, Richard J. Tacy, Harold G. Tacy and Address Helen N. Tacy Main Street Leeds Massachusetts 01053 3. Applicant is: 2Owner; ^ Contract Purchaser; `Lessee; Tenant in Possession. Application is made for: VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. SPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of the City of Northampton. SOT H ER Appeal of failure of building inspector to issue building Dermir for office supply establishment 5. Location of Property Main Street, Leeds, Massachusetts being situated on the east side of Main Street; and shown on the Assessors' Maps, Sheet No 10D Parcels) 17 6. Zone Special Industrial 7. Description of proposed work and /or use; Applicant filed an application with the buil ding inspector of the City of Northampton for a building permit for a contracto sup12 establishment This use is allowed as right under a special industrial .one ender provisions of the zoning ordinance. A Dlication for a buildin permit filed on or about ay 5, 1987. No action was taken by the building inspector wi the an - 67 1cation for said building perm Massachusetts General Laws 12rovide that aDDeal may be taken at the expiration of thirtv -five (35) days from the failure of t he building inspector to issue permit. 8. (a) Sketch plan attached; LNYes ❑ No (b) Site plan: C Attched [� Not Required 9. Set forth reasons upon which application is based: Construction supply establishment is allo wed by right under special industrial zone in the City of Northampton. The premises are in a speciai industrial zone. Building inspector has refused to issue building permit for a contractor's supply establishment. Appeal is authorized p ursuant to the Drovisio of Massachusetts General Laws. Th is a notice of appeal and request for permit purs to the provisions of Massachusetts General Laws, Cahpter 40A, Section 15. 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information contained herein is true to t . est of my knowledge. Date June 6, 1987 A pplicant's Signature ../ COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, S.S. CITY OF NORTHAMPTON EUGENE A. TACY, Petitioner BUILDING INSPECTOR FOR THE CITY OF NORTHAMPTON Notice of Appeal Now comes Eugene A. Tacy of 158 North Maple Street, Florence, Massachusetts who states that on or about April 15, 1987 he filed an application for a building permit with the City of Northampton for purpose of constructing a construction supply establishment on his property located on Main Street in Leeds, Massachusetts. The property is zoned Special Industrial. A building permit for a construction supply establishment is allowed by right under the city zoning ordinances. More than thirty —five (35) days has elapsed since the date of filing the application for the building permit, and no action has been taken on the application by the Building Inspector for the City of Northampton. Eugene A. Tacy therefore says that the application for a building permit is deemed to be denied and he has a right of appeal pursuant to Massachusetts General Law, Chapter 40A, Section 15. This is a Notice of Appeal filed with the City Clerk for the City of Northampton pursuant to said Chapter. Law Office 11CK J.1fEL. \IK .0 King Street moton,'MA 01060 13- 584 -6750 ..r/ IWAS Attached to this Notice of Appeal is an application for a zoning permit and the copy of the application for a building permit filed with the Building Inspector for the City of Northampton. June 9, 1987 T,Atrick J. Melnik 110 King Street Northampton, Mass. 01060 584 -6750 )�-� " - r, '4 1 00. ku Eugene A. Tacy Law Office PRICK J. NIEL \IK 110 Ding Street iampton, 3L4 01060 ,,,, e at C; 'ry CEarx s C%�:�c�- c } y .-Z--jn /��-T L'-Q no 413-584-6750 DECISION OF ZONING BOARD OF APPEALS At a meeting held on May 6, 1987, the Zoning Board of Appeals, in a split decision, voted to deny the Finding request of Eugene A. Tacy, 158 North Maple Street, (Florence), Northampton for the purpose of constructing a 60 x 60' building to be used in conjunction with the existing contractor's yard located on Main Street, Leeds, MA (more particularly identified as Parcel 10D of Sheet 17 of the Northampton Assessors' Maps). Present and voting were: Acting Chairman Peter Laband, William Brandt and M. Sanford Weil, Jr. The findings were as follows: S. Weil stated that he took a site view and spoke with several neighbors. He found that as the site measures 2+ acres and the proposed building will be situated on the rear of the lot directly facing a bridge, that the addition of a 60 x 60' (23.5' high) structure on the rear of the lot will not affect the atmosphere of the village of Leeds. He added that the proposed "park" referred to at the public hearing is, in fact,a narrow strip of land along the bank of the river away from the bridge, which starts 1/4 block beyond this site. He also suggested that as those in power chose to zone this parcel SI, the applicant /owner is entitled to this use. He found in favor of the finding request. W. Brandt found that as the request represents a long- term impact on the conditions of the neighborhood and town, the construction of a 60 x 60' building would be substantially more detrimental to this existing residential neighborhood than the existing use. P. Laband found that as this neighborhood is in transition and is in the process of being upgraded, and as this single parcel zoned SI is in the middle of the neighborhood, the expansion of this use with the accompanying increase in noise, heavy truck traffic and activity would be more detrimental to the neighborhood. It was moved, seconded and voted unanimously that a Special Permit is not applicable in this s�tuaticn and is, therefore, put asidR, following heA City S tic tor' o inion. See-minutes. r Peter Laband, Acting Chairman William Brandt v / M. Sanford ,Weil, Jr. I G A true cop Attest: C C PLC �Slt , FA; Law Office PATRICK J. MELNIK 110 King Street Northampton,MA 01060 413 - 584 -6750 ..r/ NOTICE City Clerk for the City of Northampton 210 Main Street Northampton, Ma 01060 Re: Eugene A. Tacy, Zoning Board of Appeals Decision dated May 6, 1987 Dear Mrs. Murray: I attach for your attention a copy of a Complaint filed in the Hampshire County Superior Court dated May 22, 1987. This Complaint was filed on May 22, 1987 in the Superior Court for the City of Northampton. This Notice is given to you together with a copy of the Complaint pursuant to the provisions of Massachusetts General Laws, Chapter 40(a), Section 17. May 22, 1987 ed at City Clerk's 0i ics v 0 Time Al 11T r°� "at� rick%. Melnik Esq . 110 King Street Northampton, Ma 01060 584 -6750 of COMMONWEALTH OF MASSACHUSETTS Law Office _TRICK J. MELNIK 110 King Street :hampton,MA 01060 HAMPSHIRE, S.S. EUGENE A. TACY, JAMES J. TACY, RICHARD J. TACY, HAROLD G. TACY and HELEN N. TACY, Plaintiffs Jointly seeking one recovery v. THE BUILDING INSPECTOR FOR THE CITY OF NORTHAMPTON, THE CITY OF NORTHAMPTON, ACTING THROUGH ITS ZONING BOARD OF APPEALS AND ITS MEMBERS, NAMELY DR. PETER LABAND, OF 40 NORFOLK AVENUE, NORTHAMPTON, MASSACHUSETTS WILLIAM BRANDT, OF 314 SOUTH STREET, NORTHAMPTON, MASSACHUSETTS and M. SANFORD WEIL, JR., OF 96 WASHINGTON AVENUE, NORTHAMPTON, MASSACHUSETTS, Defendants DEPARTMENT OF THE TRIAL COURT SUPERIOR COURT DIVISION CIVIL ACTION No. f - �`isI - COMPLATNT 1. Eugene A. Tacy, James J. Tacy, Richard J. Tacy, Harold G. Tacy and Helen N. Tacy are individuals residing at 158 North Maple Street, Florence, (Northampton) Hampshire County, Massachusetts and are the owners of real estate located on Main Street, Leeds, (Northampton) Hampshire County, Massachusetts which real estate is the subject matter of this Complaint. 2. The City of Northampton acting through its Board of Appeals and its members, the Defendants named herein, namely Dr. Peter LaBand of 40 Norfolk Avenue, Northampton, Hampshire County, Massachusetts, William Brandt of 314 South Street, Northampton, Hampshire County, Massachusetts and M. Sanford Weil, Jr. of 96 Washington Avenue, Northampton, Hampshire County, Massachusetts are the acting members of the City of Northampton Zoning Board of Appeals that sat at a Hearing held on May 6, 1987 and are all Defendants herein. 413- 584 -6750 �%r `Wo' -2- Law Office T'R1CK J. MELNIK 110 King Street tiampton,MA 01060 3. On or about February 20, 1987 Eugene A. Tacy filed an application for a Special Permit for use of his real estate on Main Street, Leeds, (Northampton), Hampshire County, Massachusetts for open storage of raw materials and construction equipment and also in said application made an application for a finding under the provisions of the Zoning Law for the City of Northampton for the use of the property to build a construction supply establishment A copy of the application of Eugene A. Tacy dated February 20, 1987 is attached to this Complaint marked Exhibit "A" and is made a part hereof. 4. Eugene A. Tacy and his family have owned this real estate since June 1, 1982 and have operated the premises as a construction supply establishment and for the open storage of raw materials and construction equipment since that date. The Plaintiffs in this action acquired the property from George D. Tobin who had previously used the premises as a contractor's yard for the open storage of raw materials and construction equipment for many years preceeding the acquisition by the Plaintiffs herein. 5. On or about September 21, 1984 the Plaintiffs in this action filed an application for a Special Permit to allow the use of the property for the open storage of raw materials and construction equipment and also requested a finding for construction of a building for the use as a construction supply establishment. A copy of the application filed on September 21, 1984 is attached hereto and marked Exhibit "B" and is made a part hereof. 6. At a meeting held on November 28, 1984 the Zoning Board of Appeals granted the Special Permit for the use of the property as open storage of raw materials and construction equipment and also granted the finding that the Plaintiffs herein could construct a building for a construction supply establishment. 7. Thereafter, the Plaintiffs herein filed an application to the Building Inspector for the City of Northampton for a permit to build the construction supply establishment pursuant to the permit granted in 1984. 8. The Building Inspector for the City of Northampton determined that the time period for construction of the building under the City Zoning Ordinance had passed under the permit that was previously granted and that, therefore, the Plaintiffs would have to reapply for a Zoning Permit for the building of the construction supply establishment. As a result the Plaintiffs herein filed a new application dated February 20, 1987. 413 -584 -6750 -3- Law Office TRICK J. MELNIK 110 King Street hainpton, MA 01060 9. In a meeting of the Zoning Board of Appeals held on May 6, 1987 the Zoning Board of Appeals voted to deny the Zoning Finding Request of Eugene A. Tacy for the purpose of constructing a building to be used in conjunction with his existing contractors yard. 10. The Zoning Board of Appeals further voted that the Special Permit was not applicable and is, therefore, "put aside ". 11. A true copy of the decision of the Zoning Board of Appeals is attached to this Complaint and marked Exhibit "C" and is made a part hereof. 12. The Plaintiffs in this action allege that the use of their property for the open storage of raw materials and constuction equipment is allowed by Special Permit under the Zoning Laws for the City of Northampton as shown on the Table of Use Regulations, Page 5 -14, Number 13. 13. The Plaintiffs in this action allege that their property on Main Street, Leeds, (Northampton), is in a Special Industrial District in the City of Northampton. 14. The Plaintiffs in this action further allege that the use of their real estate as a construction supply establishment pursuant to the provisions of the Zoning Ordinance of the City of Northampton is allowed by right without need for a Special Permits or Finding on Page 5 -12, Number 3 of the Zoning Ordinances of the City of Northampton. 15. The Plaintiffs in this action further allege that in the decision of November 28, 1984 the Zoning Board of Appeals allowed the Plaintiffs herein a Special Permit for the use of their property as a open storage of raw materials as allowed under the City Zoning Ordinance. 16. The Plaintiffs in this action allege that when a use allowed by right is used in conjunction with another use previously approved or allowed by right under the Zoning Ordinances for the City of Northampton no Special Permit or Finding is required. 17. The Plaintiffs allege that they are entitled to a Building Permit for the purpose of constructing a building as a construction supply establishment under the provisions of the City Zoning Ordinance for the City of Northampton without need for Finding and Special Permit. 18. In the alternative the Plaintiffs allege that the application for permit they filed in February of 1987 was the same as the application that they filed in 1984 and 413 - 584 -6750 '*%W -4- that there were no changes in the circumstances relating to this property that would require a different decision than the one that was made in 1984. 19. The Plaintiffs in this action allege that the decision of the Zoning Board of Appeals dated May 6, 1987 exceeds the authority of the Zoning Board of Appeals. WHEREFORE, the Plaintiffs in this action demand: 1. That the Decision of the Zoning Board of Appeals dated May 6, 1987 be annulled and that the case be remanded to the Board of Appeals. 2. In the alternative, the Plaintiffs in this action demand that this Court issue an injunction ordering the Building Inspector for the City of Northampton to issue them a Permit for the purpose of constructing a construction supply establishment on their premises. 3. Plaintiffs demand such other relief as may be appropriate. May 22, 1987 atrick J. Melnik Esq. 110 King Street Northampton, Ma 01060 584 -6750 Law OIlice "rRI CK J. MELNIK 110 King Strcct hainpton, MA 01060 413- 584 -6750 E5 Northampton Zoning Board of Appeals Public Hearing on Application of Eugene A. Tacy April 15, 1987 The Zoning Board of Appeals of the City of Northampton held a public hearing at 8:00 p.m. on April 15, 1987 in Council Chambers, Wallace J. Puchalski Municipal Building to consider the request of Eugene A. Tacy for a Special Permit under the provisions of Section 5.2, Page 5.13, Paragraph 13 and a Finding under the provisions of Section 9.3, Paragraph B of the Zoning Ordinance of the City of Northampton for the purpose of constructing a construction supply establishment in conjunction with his existing contractors' yard on property located on Main Street, (Leeds), Northampton, MA (SI Zone). Present were: Acting Chairman Peter Laband, William Brandt and M. Sanford Weil, Jr. The Acting Chairman read the public notice as it appeared in the Daily Hampshire Gazette on April 1 and 8, 1987. He reviewed Section 5.2, Page 5.14, Section 9.3 (B), and Section 10.10 of the Zoning Ordinance of the City of Northampton. He read a memo from J. Roche, Chairman, Northampton Conservation Commission, recommending that if this Board grants the permit, they place conditions on it requiring the removal of all illegally placed fill 100 -year floodplain and Watershed Protection Overlay District be restored to its original elevation so as not to displace flood water storage and increase flooding of surrounding properties. He also read a memo from L. Smith, Planner, on behalf of the Northampton Planning Board, who voted 2 -2 -1 on a motion to recommend approval of the request. He advised those present of their right to appeal. Att. P. Melnik, representing Mr. Tacy, explained that Mr. Tacy had previously come before this Board, and was granted a permit to construct a building for a construction supply establishment in conjunction with the contractors' yard which is allowed by right in a SI zone. In the fall of 1986 application for a building permit was denied by the Building Inspector, as the time for action on the Special Permit had expired. In January, 1987, application to the ZBA was made for the same request made in 1984, however, because of a miscommunication regarding the size of the proposed building (Mr. Tacy is now requesting a 60 x 60' building, rather than the 40 x 44' shown in the originally submitted plan), Mr. Tacy withdrew his application without prejudice and reapplied. Att. Melnik stated that Mr. Tacy's business caters to a selective type of clientele, renting equipment primarily to contractors, not the general public. He stressed that this type of business is of benefit to the public and the City (noting that the City leased a specialized piece of equipment during the recent flood) and suggested that this use does not generate traffic of high velocity. He stated that there have been no changes in the Zoning Ordinance or change in the uses in this ..s/ Northampton Zoning Board of Appeals Public Hearing - Tacy Page 2 area since the decision made in 1984. He stated that Mr. Tacy fully concurs with the conditions imposed on the 1984 decision. He presented a petition signed by a number of neighbors and other residents of Leeds in support of Mr. Tacy's request. Att. Melnik presented a sketch plan of the proposed 22.8' high cinder -block building, stating that it would be an asset to the village of Leeds and a benefit to the site, as it will enable the enclosure of some rental equipment now in open storage. He stated that the location of the structure will set on the rear left of the 2+ acre lot, and will, with the establishment of selective landscaping, be of minimal impact on the street. Responding to questions from the Board, Mr. Tacy stated that he has no intention of running a building supply business or of supplying lumber or millwork. He stated that the Zoning ordinance contains no definition of "Contractors' Yard ". Att. Melnik requested that the Board investigate the necessity of applying for a Special Permit, suggesting that as the original application contained two requests (Special Permit request for the currently operating open storage of raw materials and a Finding request for the construction supply establishment), and as one -half of the request (open storage of raw materials) has continued to operate, that the Finding request for the structure may be the only relevant issue before the Board at this time. He noted that the wording of the 1984 decision by the Board did not conform directly with the application made, and therefore, some confusion arises. The Board decided that they would request an opinion from the City Solicitor. Regarding the memo from the Conservation Commission, Att. Melnik stated that the fill will be removed, however, he suggested that the Conservation Commission flag out the boundaries of the zone. The Acting Chairman called on proponents. Carol Shea, 18 Audubon Rd., Leeds, spoke in favor of the request, feeling that the area should remain an industrial area and not converted to apartment dwellings. She stated that the Tacys are a hard - working family, who should be allowed to construct a building which will enhance the area. David , 159 Main Street, Leeds, felt that a hardship would be created to this long- standing business if the application was denied. He spoke in support of the Tacys as neighbors and stressed that the proposed building will enhance the area and will not create a great deal of additional traffic. ^ Northampton Zoning Board of Appeals Public Hearing - Tacy Page 3 James Nark, 159 Main Street, Leeds, found no objections. Hank Kabat, No Main Street, Florence, felt that the building would enhance the area by allowing some equipment to be stored under cover. He also found that the continuation of this small business would benefit the contractors and other businesses and would continue to bring revenue to the area. Bob Moriarty, Prospect Street, felt that as so many spaces are taken for development, this industrial area should remain and be promoted for small business use. Coun. Joan Kochin spoke in support for Mr. Tacy and his proposed structure. Jim McRustry, neighbor of Tacys in Florence, stated that Springfield is the nearest point at which this type of equipment supplied by the Tacys can be obtained. He stated that the equipment is well -cared for. Rick Fitzgerald, Fitzgerald Fence Co., stated that the continued operation of this business is beneficial to him and other businesses in the area and spoke in favor of the proposal. Nancy Mathers, Northampton, spoke favorably of Mr. Tacy's character and voiced her support for the proposal. The Acting Chairman called on opponents. Coun. Raymond Labarge, Ward 7, stated that many persons had contacted him with concerns regarding the proposal. He presented a brief history of the area, which was declared a "blight area" several years ago by the State and which subsequently was the beneficiary of many grants to improve and refurbish the bridges, the sidewalks and other improvements in the area. He presented a photograph of the Hotel Bridge, which has been renovated. These improvements and the promise of more grant monies earmarked for the Leeds area have induced the homeowners in the area to upgrade their dwellings. He also noted application for a grant to clean up the riverbank area across the street from the subject lot. He stated that the result of this activity has been a change in the character of the entire area; an area in which this proposed structure would not conform to and would detract from. He questioned Mr. Tacy's claim that the time period had run out for his Permit, suggesting that the increase in the proposed structure was the reason for the denial of the Building Permit and the subsequent reapplication. Coun. Labarge stated that he has submitted a proposal to 1 4OW ../ Northampton Zoning Board of Appeals Public Hearing - Tacy Page 4 change this zone from SI to URB, upon the recommendation of Lozano -White & Assoc, Planning Consultants to the City. Larry Smith, 139 Water Street, pointed out that this parcel represents a spot zone, as it is a single parcel zoned SI located in the midst of a residential neighborhood. He stated that although he was in favor of the previous request, he found the increased building size and style disturbing and out of character with the neighborhood. He presented photographs to the Board taken on this date showing piles of debris and demolition materials on the site, commenting on the continued deterioration of the lot. Mr. Smith pointed out that the business may expand in the future, in which case the proposed structure would be insufficient for its intended purpose of storing equipment currently stored outside. He added that the Board must consider the impact of any future expansion of use on the neighborhood, as well. He suggested that the 3 -4' hedge proposed by Mr. Tacy for screening would be esthetically pleasing, however, would not be a visually impenetrable screen. He stressed that because the business is a pre- existing nonconforming use, the lack of a permit will not put the Tacys out of business, as has been attested by some. He suggested that some individuals who signed the petition in support of Mr. Tacy's request were under the misconception that Mr. Tacy would be out of business if this permit is not granted. Regarding Att. Melnik's statements regarding the issuance of the Special Permit, Mr. Smith suggested that if the applicant is aggrieved by the Building Inspector's decision, he could appeal that decision. Henry Brown, 162 Main Street, stated that he is balancing his feelings regarding free enterprise vs. maintaining a residential and scenic area, but is concerned with the increased traffic that would result from the expanded use and with the impact on the neighborhood. He stated that he would like to see the lot properly screened regardless of the outcome of this permit. The Acting Chairman read the conditions of the original decision. Virginia Simpson, 86 Water Street, stated that although the City should support its small businesses, it must also protect the small village character. She found that the proposed structure is inappropriate for the Leeds village atmosphere. She also commented on traffic noise associated with the business. `W, ..001 Northampton Zoning Board of Appeals Public Hearing - Tacy Page 5 Coun. Labarge stated that there are many people who oppose the request, but are not making their views public. He stressed that he is not in opposition to the Tacys or their business, but against the proposed structure in this location. Coun. Brooks urged the Board to consider the possible amount of future expansion that may take place. He expressed concerns regarding the pile of refuse on the site and suggested that the Board of Health be notified. He stressed that information regarding height, fencing and sales of material should have been included the application and requested that the public hearing be continued so that this information can be available for public review. George Tobin, 21 Kimball Street, previous owner of the parcel, stated that the construction supply use is authorized by right, which covers a multitude of equipment. He suggested that the Finding request addresses the authorization of two businesses to co -exist on one lot (one allowed by prior use and one allowed by Ordinance). Leonard , 91 Water Street, suggested that after a site view the Board will find that the requested use would be detrimental to the area. George Marium, Leeds, questioned if this request fits in with the City's long -term plan. Responding to a concern by Larry Ench, Water Street, Leeds, it was noted that the proposed zone change should not affect this application, as the petition was submitted prior to the publication of the zone change request. Responding to a concern by Don O'Brien, Water Street, it was stated that any alteration other that this application for a specific building on this specific site would have to be reviewed through the same process. Responding to other concerns, the Acting Chairman explained the process of enforcement of conditions on a Special Permit. S. Weil read the definition of "Building Supply" from the Zoning Ordinance. Gail Creighton, Northampton, spoke in favor of the request, citing the safety problems associated with outdoor storage. Jim Parsons, Chesterfield Road, stated that this Board's decision will affect the future character of the whole area. Northampton Zoning Board of Appeals Public Hearing - Tacy Page 6 Att. Melnik cited more noxious uses that can be allowed by right in this zone and stressed that the equities lie in favor of granting this permit. W. Brandt cited several different dimensions that were mentioned regarding the previous structure (30 x 30' and 40 x 44 and questioned why Mr. Tacy originally requested a smaller building. E. Tacy stated that in studying the size of the building in relation to his equipment and after he obtained more experience in the business, he concluded that the smaller building would not be sufficient for his needs. Responding to inquiries from P. Laband, Mr. Tacy stated that he would like to reserve the right to sell such equipment such as a pump or air compressor, however, no building materials. Responding to concerns regarding traffic, Mr. Tacy stated that he does not believe that traffic would be greatly increased from that which exists presently, stressing that he does not anticipate large trucks. He noted that his own two 18- wheelers are off of the lot most of the time. Responding to an inquiry from S. Weil, L. Smith stated that the pre- existing nonconforming operation has a right to be there, as long as it was not discontinued for a period of two years. It was moved, seconded and voted unanimously to close the public hearing at 10:00 p.m., to take a site view and to request an official opinion from the City Solicitor regarding the previous permit. Present, in addition to those mentioned, were J. Parker, Board Secretary and many interested citizens. Peter Ldband, Acting Chairman wr .woe Northampton Zoning Board of Appeals Decision - Tacy Page 2 P. Laband found that as this neighborhood is in transition and is in the process of being upgraded, and as this single parcel zoned SI is in the middle of the neighborhood, the expansion of this use with the accompanying increase in noise, heavy truck traffic and activity would be more detrimental to the neighborhood. It was moved and seconded to deny the request for a Finding. The Board voted 2 -1. It was moved, seconded and voted unanimously to adjourn the meeting at 7:50 p.m. Present, in addition to those mentioned, were J. Parker, Board Secretary and the Tacy family. 1 it i-'o aa-�� P Laband, Acting Chairman. M CITY OF NORTHAMPTO. ZONING PERMIT APPLICATION Zoning Ordinance Section 10.2 Owner Eugene A. Tacy Address 158 North Maple Street - Florence, MA I Address Telephone 584 -7114 ® Non - Conforming Lot and /or Structure. Specify Addition to conforming use to current no n-conforminiz use ❑ Residential ❑Single Family Unit ❑Multi - Family ❑ Duplex ❑ Other Tac 158 North Maple Street - Florence, M! 584 -7114 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning Use Lot Front Depth p Setbacks Max. Bld. Min. Op. Front Side Rear District Area Width Cover Space Construction % % Past S.I. Existing storagE acres 360 300 -- -- -- 0 100 Construction % Present S.I Proposed supply acres 360 300 30 30 30 5 95 Mark the appropriate box to indicate the use of the parcel: ❑ Business • Individual • Institutional ❑Regular • Subdivision ❑ Cluster • Subdivision with "Approval- Not - Required " - Stamp: • Planning Board Approval: • Zoning Board Approval (Special Permit 10.9: Variance) • City Council (Special Exception S. 1 0.10) ap No.l&) Lot Received: 4 1987 4LIL. 9 Plan File Telephone • P.U.D. • Other Watershed Protection D istrict Overlay: (Z.O. Sect. XIV) ❑ Yes E No Parking Space Requirements: (Z.O. Sect. 8.1) Required __2_— Proposed __jD_ Loading Space Requirements: (Z.O. Sect. 8.2) Required 1 Proposed 1 Signs: (Z.O. Art. VII) ❑ Yes 47 No Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes X1 No Plot Plan (S.10.2) 2] Yes ❑ No This section for OFFICIAL use only: ❑ Approval as presented: ❑ Modifications necessary for approval: ❑ Return: (More information needed) Denial: Reasons: za Site Plan ❑ Yes E$ No (S. 10.2 and 10.11 Waiver Granted: Date ❑ Signature of Applicant Date Signature of Admin. Officer 'date P , Mf i - -tR Do es I Ch eG �' Application Number: YN Filed Fee Pd. Recd. Z6,\ Map(s) Parcel (s) Recd. e gy Date BY to Date Amt. ` Dae / '. 3tq_✓ 3 U I FAMM iEREBY MADE TO THE CITY OFF NO ZONING BOARD OF APPEALS: , A Name of Applicant Eugene A. Ta cy Address 158 North Maple Street - Florence, MA 2. Owner of Property Eugene A Tacy, James J. Tacy, Richard J. Tacy, Harold G. Tacy an Address Main Street - Leeds, MA Helen N. Tacy 3. Applicant is: i�Owner; JContract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: J VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. XSPECIAL PERMIT under the provisions of Section 5. 2 -13 page 13 of the Zoning Ordinance of the City of Northampton. MOTHER: Finds ng rhat alteration of existing use to include construction supp sup �y s 11 sh ent s n t substantially more detrimental than the existing use 5. cca {ion5ot S � p pen�ix �. Main Street - Leeds, MA being Situated On the pa -, t- side o f Main - Street; and shown on the Assessors' Maps, Sheet No. 10D , Parcel (s) 6. Zone Special Industrial 7. Description of proposed work and /or use; Applicant proposes to construct a constructi supply establishment on a parcel that is currently being used for open storage ot: raw ma eriais and construction equipment. e new structure may also be used to store construction equipment as well as construction supply equipment. 8. (a) Sketch plan attached; MYes C1 No (b) Site plan: ❑ Attched X1 Not Required 9. Set forth reasons upon which application is based: Current use is existing non - conforming us e that would be allowed by Special permit under existing zoning. The proposed use is .Ilowed by r`:,'.lt construction supply or by Special Permit (storage of equipment). The use wil not be more detrimental than existing use and, in fact, will be less detrimental since th equipment currently being stored in the open will be screened by a fence and the buil to be constructed. A permit was previously granted. This is a request for a renewal of 10. Abutters (see instructions; list on reverse side of form). with a larger building than pre- viously approved. 12. 1 hereby certify that information contained herein is true to a hest of my knowledge. February 20, 1987 Date A pplicant's Signatur 110 King St. - Northampton, MA 01060 For Eugene A. Ttcy \.., ..d Northampton Zoning Board of Appeals Public Hearing on Application of Eugene A. Tacy February 18, 1987_ The Zoning Board of Appeals of the City of Northampton held a public hearing at 7:05 p.m. on February 18, 1987 in Council Chambers, Wallace J. Puchalski Municipal Building to consider the request of Eugene A. Tacy for a Special Permit under the provisions of Section 5.2, Page 5.13, Paragraph 13 and a Finding under the provisions of Section 9.3, Paragraph B of the Zoning Ordinance of the City of Northampton for the purpose of constructing a construction supply establishment in conjunction with his existing contractor's yard on property located on Main Street (Leeds), Northampton, MA (SI Zone). Present were: Chairman Robert. C. Buscher, Peter Laband and Kathleen M. Sheehan. The Chairman read the public notice as it appeared in the Daily Hampshire Gazette on February 4 and 11, 1987. He reviewed Section 5.2 and Section 9.3 (b), as well as Section 10.10 of the Northampton Zoning Ordinance. He read a memo from L. Smith, Planner, on behalf of the Northampton Planning Board, which was forwarded with no recommendation, as the applicant was not in attendance to present his case. He advised those present of their right to appeal. The Chairman noted that this request had previously been heard and granted with conditions by this Board (two of the three members sitting on this hearing ruled on the previous hearing). He explained that Mr. Tacy did not commence construction within the 18 month time restraint, and was therefore, unable to obtain a building permit. Att. P. Melnik, representing Mr. Tacy, stated that neither he nor Mr. Tacy received correspondence informing of the Planning Board meeting. He stated that his client was under the mistaken impression that he had up to two years to commence construction and attempted to obtain a building permit in November, 1986. Therefore, Mr. Tacy is applying for the same permit that was issued on November 28, 1984 with the same plan. He noted that there have been no significant changes in the zoning laws or maps in the past two years that would affect this property. The Chairman called on proponents. There were none. The Chairman called on opponents. Henry Brown, 162 Main Street, Leeds (abutter), cited concerns with increased traffic to this area, which has many small children. raw, 1.00 Public Hearing - Eugene A. Tacy February 18, 1987 - Page 2 Referring to Section 10.6, P. Laband questioned why the applicant never requested an extension on the time restraints and why the applicant did not commence construction. He stressed the imposition on this Board. Mr. Tacy stated that he was under the impression that the time limit was two years, not 18 months, and that he did not begin construction because of economic restraints. He noted that the City has added sidewalks in front of the property, that he has constructed a fence along the front of the lot, and that he has purchased a substantial amount of materials for the construction of the building. K. Sheehan expressed concerns with increased traffic in the area of this lot, as vehicles will be using the "Hotel" bridge while renovations are being done on the bridge in the center of Leeds. Mr. Tacy explained that traffic from his operation will be using Main Street, Leeds, and that the construction of this building will not generate an amount of traffic that will be detrimental to the area. P. Laband concurred, finding that the addition of this building will generate the same amount of traffic as that which currently exists. It was determined that the plan submitted with the appication was not the intended plan. Mr. Tacy stated that he is now requesting a 60 x 60' building, which is larger than the building the Board originally approved (40 x 44 Chm. Buscher noted that although the public notice makes no reference to the size of the building, the applicant is, in fact, requesting an additional 2,000 sq. ft. K. Sheehan noted that the application requests a renewal of the previously issued Special Permit. After some discussion, it was moved, seconded and voted unanimously to allow the petitioner to withdraw without prejudice and resubmit a correct application. It was moved, seconded and voted unanimously to close the hearing at 7:48 p.m. Present, in dition to those mentioned, were J. Parker, Board Secretary and everal interested citizens. Robert C. Buscher, Chairman C)TY OF NORTHAMPTO. - ZONING PERMIT APPLICAtMON Zoning Ordinance Section 10.2 Owner Eugene A. Tacy Ij V/ 1 RAQ: 0 1987 Dt 'l: Cf PUIt 01i i rkoplicant Address 158 North Maple Stree, Florence, MA Address_ Telephone 584-7114 Telephone ap No. /O/ I Lot Plan File Tacy 158 North Maple Street, Florence, M.4 584 -7114 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: 17 n ARTIr.I F Vil Zoning Use Lot Front Depth Setbacks Max. Bid. Min. Op. Space District Area Width Front Side Rear Cover Construction 0 % 100 % Past S.I. Existing storage acres 360 300 Present S - I• Constructio Proposed supply 3 acres 360 300 30 30 30 5 % 95 Mark the appropriate box to indicate the use of the parcel: if Non - Conforming Lot and /or Structure. Specify Addition to conforming usI. to current non-con ormin use. ❑ Residential ❑Single Family Unit ❑Multi - Family ❑ Duplex ❑ Other ❑ Business ❑ Individual ❑ Institutional ❑ Regular ❑ P.U.D. ❑ Subdivision ❑ Cluster ❑ Other ❑ Subdivision with "Approval- Not - Required " - Stamp: ❑ Planning Board Approval: ❑ Zoning Board Approval (Special Permit 10.9: Variance) ❑ City Council (Special Exception S. 10.10) Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes )CI No Parking Space Requirements: (Z.O. Sect. 8.1) Required 2 Proposed 1_ Loading Space Requirements: (Z.O. Sect. 8.2) Required Proposed Cron°• 17 n Art VIII ❑Yes NO Environmental Performance Standards: (Z .O. Art. XI 1) IJ Yes W No Plot Plan CIcYes ❑ No Site Plan ❑ Yes IN No (S.10.2) (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: ❑ Approval as presented: ❑ Modifications necessary for approval: Return: (More information needed) Denial: Reasons: Z6 9 a" a, __k Signature of Applicant •y 13, 1987 Zz Ig z. Date Signature of Admin. Officer Date a jwf s 1 G of Write In These Spac Application Number: _ B. 1. Ch d Filed' Fee Pd. Rec'd. ZBA Map(s) Parcels) Date By Date Amt. -.1 Date By Date I A' ��� / 7. f y PPLlCATION J 1 ADE TC CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: r.—RameoTApplicanx -- P�D+F�ri;iF'T081: ene A. Tacy Address 158 North Maple Street - Florence, MA 2. Ownerof Property Eugene A. Tacy, James J. Tacy, Richard J. Tacy, Harold G. Tacy and Address M ain Street - Leeds, MA Heien N. ra 3. Applicant is: XOwner; El Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: 3 VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. L.XSPECIAL PERMIT under the provisions of Section 5.2 -13 page 13 of the Zoning Ordinance of the City of Northampton. F�OTHER: Finding that alteration of existing use to include construction supply su pl e t jishment is not substantially more detrimental than the existing use u 9. 1 endix A. 5. Luca io o roo er Main RrrPPr - T.:-arlc� M a being situated on the East side of Main Street; and shown on the Assessors' Maps, Sheet No 10D Parcel(s) 17 6. Zone Special Industrial 7. Description of proposed work and /or use; Applicant proposes to construct a construct supply establishment on a parcel that is currently being used for open storage of raw � materia s and construction equipment. The new structure may also be used to store construction equipment as well as construction supply equipment. 8. (a) Sketch plan attached; CdYes ❑ No (b) Site plan: DAttched C%Not Required 9. Set forth reasons upon which ap plication is based: Current use is existing non - conforming use that would be allowed by Special Permit under existing zoning. The proposed use is allowed by right consL ruction supply or by Special Permit storage of equipment). The use will not be more detrimental than existing use and, in fact, will be less detrimental since the equipment currently being stored in the open will be screened by a fence and the buil to be constructed. A permit was previously granted. This is a request for a renewal of 10. Abutters (see instructions; list on reverse side of form). that permit. 12. 1 hereby certify that information contained herein is true to th est of my knowledge. 4 Date January 13, 1987 a pplicant's Signature n &�=j 1 i DECISION OF ZONING BOARD OF APPEALS i At a meeting held on November 28, 1984, the Zoning Board of Appeals of the City of Northampton voted unanimously to grant the special permit request of Eugene A. Tacy, 158 North Maple Street, Florence,(Northampton) to construct a building for the purpose of establishing a construction supply t business in conjunction with his existing contractor's yard on Main Street, ! s Leeds. (SI Zone). Present and voting were: Chairman Robert C. Buscher, William Brandt and Peter Laband. The findings were as follows: i William Brandt commented that when altering the pre - existing nonconformance, something that is allowed by right now needs a special permit and found that the proposed use is less detrimental than the present use. He also found that the building will bear a positive i relationship to the public convenience as storing construction equipment that is now stored outside will be stored inside a building and be less of an eyesore; that the proposed use will not cause any undue traffice congestion or impair pedestrian safety; that it will not overload any municipal systems; and that the proposed use will not impair the character of the district, as a construction supply business is allowed in that zone. R. Buscher concurred. P. Laband also concurred, stating that all requirements for a special permit have been met. The following conditions shall apply: 1. That fencing along the northerly sideline of the lot be constructed and partial fencing or shrubbery placed along the front of the lot. 2. That the operation of the retail business be restricted to emergency only after 1:00 p.m. Saturday and all of Sunday. 3. That the business be geared towards general contractors rather than the general public. 4. That the building should in no way exceed the height allowed in that zone. I r ; Robert C. B Scher, Chairman Wil I i am Brandt' Peter Laband M +14� ..r/ Northampton 1 , oning Board of Appeals Public Rearing on Application oI Eugene A. Tacy November 7, 1984 The Northampton Zoning Board of Appeals held a public hearing on November 7, 1984 at 8:42 p.m. on the special permit and finding request of Eugene Tacy under the provisions of Section 5.2, Page 5.13, Paragraph 13 of the Zoning Ordinance of the City of Northampton_ for the purpose of constructing a building for the purpose of establishing a construction supply business in conjunction with his existing contractor's yard on Main Street, Leeds. Present were: Chairman Robert Buscher, William Brandt, and Peter Laband. The Chairman read the public notice as it appeared in the Daily Hampshire Gazette on October 24 and 31, 1984 and reviewed Section 5.2 and Section 9.3 (B) and requirements for a special permit. He advised those present of their right to appeal. The Chairman read a recommendation from L. Smith, Planner on behalf of the Planning Board recommending in favor of the petition with conditions. Att. Patrick Melnik, representing Mr. Tacy, suggested that the applicant has interplay within the zoning law. His principal proposal, that of constructing a 40 x 44' construc- tion supply building in the northerly portion of the property is allowed by right; he presently operates a pre- existing, nonconforming use of open storage of construction equipment and,according to the provisions of Section 9.3, changing the nonconforming use by adding a conforming use requires a finding. He stated that the building would be used to store the supplies now in open storage in addition to establishing a construction supply retail /rental business, limited mainly to other contractors. He will erect a six foot stockade fence along the entire property line with the abutting church and along the property line with the adjacent multifamily dwelling owned by Mr. & Mrs. McCarthy. Att. Melnik stated that for security purposes, Mr. Tacy does not want fencing along the front portion of the property, but on suggestion of the Planning Board, will add hedging as a buffer to the residential street. Responding to inquiries from the Board members, Att. Melnik stated that the proposed building meets all setback requirements and no fill or leveling is needed. L. Smith, 139 Water Street, Leeds, stated that the property is spot zoned with all of the surrounding properties zoned URB. He stated that he had no objection to the proposal and felt that it would improve the property; however, he cited the concerns of the Planning Board with the nature of the construction supply establishment and suggested specific wording regarding retail and rental. Chairman Buscher questioned if the use would fall under Page 5.10, item 14: Business Service and Supply. L. Smith felt that Page 5.11, #3 was more appropriate regarding altering the non - conforming use and 413 regarding the existing nonconforming use. William McCarthy, 64 Lyman Road, owner of the abutting property, was shown the plan for the proposed construction and stated that he had no objections. It was moved, seconded and voted unanimously to take all comments under advisement and visit the site. The public hearing was closed as 9:15 P.M. A discussion followed regarding Section 9.3. Present in addition to those mentioned was J. Parker, Boa d Secretary and approximately five interested citizens. Robert C. Buscher, Chairman W CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Northampton Zoning Board of Appeals 9 S FROM: Lawrence B. Smith, Planner, on behalf of the Northampton Planning Board SUBJECT: Eugene Tacy - Special Permit and Finding Request DATE: November 7, 1984 FILE: At their meeting on October 18, 1984, the Northampton Planning Board reviewed the Special Permit and Finding request of Eugene Tacy for the purpose of constructing a building for the purpose of establishing a construction supply business in conjunction with his existing contractor's yard on Main Street, Leeds. After discussing the matter with the applicant and hearing the report of the site inspection subcommittee, the Planning Board voted 5 -0 -1 to recommend approval of the special permit with conditions and finding that the proposed use will not be substantially more detrimental than the existing use. The conditions are as follows: 1. That fencing along the northerly sideline of the lot be constructed and, if possible, partial fencing or shrubbery placed along the front of the lot. 2. That the operation of the retail business be restricted to emergency only after 1:00 p.m. Saturday and all of Sunday. 3. That the business be geared towards general contractors rather than the general public. AMP ?OP .PITY OF NORTHAMPTON 7�NING PERMIT APPLICATtO M W � , - I r W ap No. [QC) Lot • Zoning Ordinance Section 10.2 iv ?d o. ?�� Plan File Owner Eugene A. T A. Ta Address 158 North Maple Street, Florenc Address 158 North Maple Street, Florence Telephone 584 -7114 Telephone 584 -7114 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning Use Lot Front Depth Setbacks Max. Bid. Min. Op. Front Side Rear Di Area Width Cover Space. r y .i sra �� Past S. I. Exist ings� acres 360 300 - -- - -- - -- 0 % 100 Present S � S ' Proposed j , u , pC acres 360 300 30 30 30 5 % 95% Mark the appropriate box to indicate the. use of the parcel: (a Non - Conforming Lot and/or Structure. Specify Addition to conforming us to current non - conforming use d Residential ❑Single Family Unit ❑ Muitl- Family ❑ Duplex ❑ Other ❑ Business ❑ Individual • institutional • Subdivision ❑Regular ❑ P.U.D. , ❑ Cluster ❑ Other • Subdivision with "Approval- Not - Requlred " - Stamp: • Planning Board Approval: • Zoning Board Approval (Special Permit 10.9: Variance) • Cit Council (Special Exception S..10.10) Wa Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes ® No Parking Space Requirements: (Z.O. Sect. 8.1) Required 2 Propo 10 Loading Space Requirements: (Z.O. Sect. 8.2) Required 1 P roposed _]— Signs: (Z.O. Art. VII) ❑ Yes X] No Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes ) E] No Plot Plan (S.10.2) LI Yes ❑ No OF Site Plan ❑ Yes 91 No (S. 10.2 and 10.11 Waiver Granted: Date ❑ This section for OFFICIAL use only: • Approval as presented: • Modifications necessary for approval: • Return: (More information needed) ❑ Denial: Reasons: September 21, 1 Sig tur of Ap cant Date 4 Signature of Admin. r tt �� r Date Do Not Write In'Tbass.Spsces 'd. `�- ked by Date BY to Date Amt. jDate/ �� BY Date � I `%NW ..r� Application Number: -� Filed Fee Pd. Rec'd. ZBA Map(s) Parcels) MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: o ppllcant EUGENE A. TACY Address 158 North Maple Street, Northampton, Massachusetts 2. Owner of Property EUGENE A. TACY, JAMES J. TACY, RICHARD J. TACY, HAROLD G TACY Address Main Street, Leeds, Massachusetts and HELEN N. T ACY 3. Applicant is: ®Owner; 0Contract Purchaser; ❑Lessee; 0Tenant in Possession. 4. Application is made for: ❑ VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. L SPECIAL PERMIT under the provisions of Section 5.2 -13 page 1 o f the Zoning Ordinance of the City of Northampton. L30THER: Finding that alteration of existing use to include on su pl es }3s BTntAppenaixsixbstantially more detrimental than the existing u eider 5. Ma on of ropert being situated on the East side of Main Street; and shown on the Assessors' Maps, Sheet No. 1 C D , Parcel (s) 17 6. Zone Special Industrial 7. Description of proposed work and/or use; Applicant proposes to construct a construction supply establishment on a parcel that is currentiv being used for open storaqe of raw materials and construction equipment The new structure may also be used to store construction equipment as well as construction supply equipmen . 8. (a) Sketch plan attached; ® Yes ❑ No (b) Site plan: ❑ Attched IgNot Required 9. Set forth reasons upon which application is based: Current use is existing non-conform use that would be allowed by Special Permit under exictinrr �nnin 'P},o proposed use is allowed by right (construction supply) or by Special P __(storage of equipment ). The use will not he mnne r9atriman +al *i == --4 and. in f rmit ting being stored in the open will be screened by a fence and the building to be 10. Abutters (see instructions; list on reverse side of form). Constructed. 12. 1 hereby certify that information contained herein is true to the VknIe e. Date September 21, 1984 a pplicant's Signature CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Northampton Planning Board FROM: Northampton Zoning Board of Appeals SUBJECT: Tacy Construction Co., Inc. DATE: June 8, 1989 FILE: The Zoning Board of Appeals has denied the request of Tacy Construction Co., Inc. for a Finding that the concentration of the contractor's yard use on Parcel 48 will not be substantially more detrimental than when that use was spread over Parcels 17 and 48. In order for you to allow Site Plan approval for the Construction Supply Establishment's 60' x 60' building, the contractor's yard use must be abandoned and withdrawn from both parcels, and relocated elsewhere. i DECISION OF NORTHAMPTON PLANNING BOARD At a meeting held on June 8, 1989, the Planning Board of the City of Northampton voted unanimously to APPROVE the Site Plan submitted by James Tacy and Eugene Tacy relative to the construction of a 3,600 square foot building on Parcel 17, Sheet 10D at 175 Main Street, Leeds. The Site Plan Review was conducted under the Provisions of Section 10.11 of the Northampton Zoning Ordinance. Present and voting were Chair N. Duseau, J. Arnould, J. Beauregard, A. Crystal, M. Mendelson, J. Hale, J. Cahillane, and E. J. Gare III. The findings were as follows: 1. Section 10.11(4)(a) requires a proper locus plan be filed, and the Board determined that it was. The plan being approved is entitled, "Sketch of Land in Northampton, Massachusetts (in the Village of Leeds) prepared for Eugene A. Tacy by Almer Huntley, Jr. and Associates, Inc., dated June 8, 1989. 3. Section 10.11(4)(b) requires that a site plan at proper scale be filed, and the Board determined that it was. 4. The Board determined, by an item -by -item consideration, that all the criteria in Section 10.11(4)(b)(1 through 18) had either been met, or properly waived. 5. The Board determined that, under the requirement of Section 10.11(4)(c) that the estimated peak hour traffic volume generated by the proposed addition would be eight cars.none. 6. The Board looked to the Review /Approval Criteria under Section 10.11(5) and found that: A. The plan provides for protection of adjoining premises against seriously detrimental uses by provision for surface water drainage, sound and sight buffers, and preservations of views, light and air. The Conservation Commission will be asked to review the storm water runoff. B. The plan satisfactorily deals with the convenience and safety of vehicular and pedestrian movement within the site and on _adjacent streets; the location of driveway NNW- NORTHAMPTON PLANNING ...� ING BOARD DECISION JAMES TACY AND EUGENE TACY SITE PLAN REVIEW AA r.7 Twn openings in relation to traffic.' access by emergency vehicles; and to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly. C. The plan satisfactorily addresses the adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises. D. The plan satisfactorily addresses the relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area, and compliance with other requirements of the ordinance. E. The plan satisfactorily deals with mitigation of adverse impacts on the city' s resources, including the effect on the city's water supply and distribution system, sewage collection and treatment systems, fire protection, and streets. The following conditions shall apply: 1. There must be no more than 54o square feet of retail selling space in the building. 2. The cited plan must be resubmitted to the Northampton Planning Board with the stamp of a certified engineer 3. There must be nine parking spaces on the lot that meet the requirements of the Northampton Zoning Ordinance. 4. There must be total and permanent discontinuance of the "contractor's yard" use on Parcel 17, 5. The "Agreement for Conditions," the so- called "neighborhood agreement," as prepared by Atty. Melnik's office, and signed by Eugene, Richard and James Tacy, must be adhered to. Nancy P. D au, Chair John L. Cahillane 4 Dr. 'Jo of Arnould NNOW ...s NORTHAMPTON PLANNING BOARD DECISION JAMES TACY AND EUGENE TACY SITE PLAN REVIEW PAGE THREE - E. JoP6 Gare III James Holeva J` dith Hale v Marion Mendelson Andrew Crystal Drs 'Joseph Beauregard .../ Northampton Planning Board June 8, 1989 Meeting Page One The Northampton Planning Board met at 7:00 p. m. on Thursday,- June 8, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton. Present were Chair N. Duseau, J. Arnould, J. Beauregard, A. Crystal, M. Mendelson, J. Hale, J. Cahillane, E. J. Gare III and L. B. Smith, Senior Planner. At 8:20, the PUBLIC HEARING ON THE TACY APPLICATION FOR SITE PLAN APPROVAL was continued. Eugene Tacy appeared to make the presentation. Again, the criteria were ticked off. Locus plan and site plan were on file, and the 18 criteria were all satisfactorily met. Additional traffic was estimated by Mr. Tacy to be eight cars a day. Mr. Crystal was concerned about the absence of an engineer's stamp on the plan. Mr. Tacy asked for a waiver, because getting the stamp would cost $212, but then asked, "Can I get approval contingent on getting the stamp ?" The Chair called for proponents, and Paul Duclos spoke on the Applicant's behalf, and begged for approval. There were no other proponents, and no opponents. A discussion then ensued around the issue of the definitions of "construction supply establishment" and "contractor's yard" uses. Mr. Smith suspected that the proposed building was really for the contractor's yard use; Mr. Tacy denied that, and described the expensive and exotic equipment he intended to rent. The discussion continued until Dr. Beauregard broke in saying that he had heard enough, and expressed a desire to "get on with it." Ch. Duseau closed the Public Hearing. Dr. Beauregard moved that the Site Plan be approved with conditions. Mr. Cahillane seconded. The conditions were listed: 1. There must be no more than 540 SF of retail space. 2. Waive the engineer's stamp. 3. There must be nine parking spaces that meet the require- ments of the zoning ordinance. 4. There must be total and permanent discontinuance of the contractor's yard use on Parcel 17. 5. The "Agreement for Conditions" [the "neighborhood agreement] prepared by Atty. Melnik's office, and signed by Eugene, Richard and James Tacy must be adhered to. The vote on Dr. Beauregard's motion to approve with conditions was 5 -3, which means the motion failed, since a 2/3 majority of the 9- member Board is required. The motion was modified to change Condition #2 above to read, "A final version of the drawing before the Board, with an engineer's stamp, is a condition of approval. Another vote was taken, and the motiorL passed 6 -2 (Mr. Crystal, Mrs. Mendelson). Nancy P. Du au, Chair v... ../ Northampton Planning Board May 25, 1989 Meeting Page Three a GB district (Boyle's strip mall) and ;#Y0 door to GB (Cahillane's). This is a two -acre parcel. . Al Albano was present to represent the Mocks. He pointed that the Jane Alden is now "Mock's Chip and Ale," and the M s' principal residence is over the sporting goods store. He s ' there is a car - polishing business on the first floor of a ba at the rear, and it and the warehouse units are the only use n the property that currently conform. He would like the c ge to allow the creation of an apartment over the car -po in use in the barn, and two apartments over the "Chip Ale." The two conforming uses would then become pre - existi onconforming. The storage units would eventually be replac by a non - industrial use. There were no other proponents o pponents. Mrs. Mendelso aid that she and Dr. Arnould had discussed this proposal wi r. Smith earlier, and felt that the Planning Board should p ose changing the Drozdal parcel to GB, and change Sectio .2 to allow funeral establishments in GB by Special Permit submitted (the re now prohibited). She proposed that this be as a item. Ch. Duseau moved the Public Hearing be closed. Dr. ould seconded, and the motion passed unanimously. Mr. Smith advised A tty. Albano that the car p olishing business nee At 8:30, the PUBLIC HEARING on James and Eugene Tacy's Site Plan Review began, with Ch. Duseau reading the Legal Notice, Kathleen Fallon's letter dated May 17, and a May 10 letter from Paul Hadsel. Atty. Patrick Melnik for the Applicant explained how "Gene filled in the gaps with the new site plan." He went on, "The 60' x 60' foundation is in place, the utilities are shown as are screening and buffering, all services are on the property -- there's no DPW impact." The Chair asked about only one curb cut, and Mr. Melnik said they intended to apply for a Special Permit for the common driveway serving both Tacy parcels. Mr. Crystal asked how these plans are different from the ones submitted two weeks ago, and Mr. Smith told him. Mr. Crystal asked about the absence of a registered engineer's stamp, and told the applicant "you can't just Xerox the plan, make additions, and submit it without a stamp. If this is a major project, as Miss Fallon says, we need full -scale review. Parking as shown is not adequate." There was some discussion of parking spaces, with Mr. Smith pointing out that 12 are needed, and the Parking Ordinance requires they be paved. Mr. Melnik objected, saying 12 is far too many for the little retail business contemplated, but, "Gene will make 12 spaces." Mr. Smith asked Mr. Melnik if he planned to request a Variance for the absence of rear screening as required by Section 6.5, which he read, and Mr. Tacy agreed to provide proper screening. Mr. Holeva complained that "it's like pulling teeth" to get you to provide what we want. vNew _M000 Northampton Planning Board May 25, 1989 Meeting Page Four Mr. Smith, speaking to the Board, said, "You have some choices. You want a more detailed plan, screening, three more parking spaces, and want to know what the plantings are. You can continue the Public Hearing and get detail, close the Public Hearing and get detail, or close the Public Hearing and vote." Ch. Duseau suggested a "checklist approach" to items 1 -18, and there was general agreement that every applicant had to take that approach, and the Board can waive any item it feels doesn't apply. Dr. Beauregard moved that the Hearing be continued to June 8, with the proviso that the Applicant be prepared to consider the 18 criteria, and have a plan stamped by a registered architect or engineer. Messrs. Crystal and Holeva agreed. To be sure the Applicant returned in two weeks with all that was needed, the Board went through the 18 criteria and found that all were met except 4, 7, 11, 12 "check w/ Hadsel," 13 "OK if DPW says OK," 14 "what are the plantings," and 18 "Drainage to river." Mr. Holeva moved to continue to June 8, Dr. Beauregard seconded, and the motion passed unanimously. At 9:07 the PUBLIC HEARING on the subdivision entitled, "St—OF Ridge Pond," was continued. Gordon Murphy was present, and �rd he still was not ready. It was moved to continue again to J 2, and extend the date for filing the decision with the City rk to July 28. The vote in favor was 6 -0 -1 ( Holeva) . Mr. Mur and the Board signed the appropriate extension document which 1 be filed with the City Clerk. At 9:10, the Board turned to Mr. By -Laws and Rules of Procedure Paragraph 9. For other than general public will be allowed invitation of a member of the majority of the Board in atte during the meeting). Crystal's pro ed Planning Board change as ows: ARTICLE II, public he ngs, members of the to spe only upon the specific Boar d with the consent of a d (u uon a formal vote taken 10. If the Chair feels " a meeting or public hearing is becoming too unruly to pery conduct business, he /she may request a motion foZar ss. In add ition, the Chair may ask for a vote to eject unembers of the audience pursuant to the General Laws. A si ajority of those present carries. In the Zabove, underlined passages are the chang es. The remainins of ARTICLE II will be renumbered 11, 12 and 13. It ed that Miss Fallon be consulted on the use of the word Mr. Crystal moved for approval of the change, Dr. Beau nded, and the motion passed unanimously. Mr. Loln Fish of the Hilltown Land Trust was given the floor, to di cuss a proposal involving a parcel of land on Loudville Road, ,.,/ CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Northampton Planning Board FROM: Zoning Board of Appeals SUBJECT: James & Eugene Tacy DATE: May 19, 1989 FILE: Attached are the minutes of two Public Hearings held on May 17, 1989. The conclusion of the Board, supported by the Assistant City Solicitor, is that if the ZBA issues a Finding to Tacy Construction Co., Inc. that the concentration of the contractor's yard use on Parcel 17 is not substantially more detrimental to the neighborhood than when the use was spread over Parcels 17 and 48, then James and Eugene Tacy's Building Permit should be reinstated automatically if the Planning Board approves their Site Plan. 14 yo* Northampton Zoning Board of Appeals May 17, 1989 Meeting The Northampton Zoning Board of Appeals met at 7:05 p. m. on Wednesday, May 17, 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, to conduct Public Hearings on two related applications: Tacy Construction Co., Inc. seeking a Special Permit and Finding relative to a contractor's yard use on Parcel 48, Sheet 10D at 175 Main Street, Leeds, and James and Eugene Tacy seeking "a building permit and Site Plan Approval" for a 60' x 60' building for a Construction Supply Establishment on Lot 17, which directly abuts Parcel 48. Present and voting were Chairman William Brandt, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Brandt opened the Public Hearing by reading the Legal Notice as published twice in the Daily Hampshire Gazette, the Application, a memorandum from the Planning Board, a memorandum from Asst. City Solicitor Fallon, and inserted in the record without reading, the "neighborhood agreement," a document signed by the Tacys outlining the primarily landscaping measures they promised to take to satisfy the abutters. Atty. Patrick Melnik appeared for Tacy Construction Co., Inc., and explained that the Tacy's intent is to abandon the use of the contractor's yard on Parcel 17, and concentrate it entirely on Parcel 48. The use on 48 will not change, merely intensify, thus the request for a Finding. Dr. Laband pointed out that a contractor's yard is allowed by Special Permit (5.2[13]). Mr. Melnik said he expects this Board to grant a Finding, not a Special Permit, because "the last decision of this Board said that I need a Finding." He went into some detail on the neighborhood agreement, which calls for a 6' high stockade fence set back five feet to allow for plantings, to screen the McCarthy and the church property, and for 50' of fencing atop the Mill River bank. There was some discussion between Dr. Laband and Mr. Melnik over the status of litigation, Mr. Melnik making the point that if he is granted a Finding, "we'll drop the suit - -it's moot." Miss Fallon interjected, "This is the quickest way for Gene [Tacy]- -it's what we've been telling him to do." Mr. Weil was concerned about the fact that there is no physical separation of the lots, and wondered "how do we stop Tacy from using both lots for the contractor's yard use ?" Mr. Melnik replied, "You rely on his word to follow the provisions of the decision, and then enforcement if there's a violation." There was no one else present in favor or in opposition, but when general comments were solicited, Coun. LaBarge explained, "I represent 32 people who originally objected to this. There was a meeting and an agreement - -all the original objectors agree with the concept. The church and Mrs. McCarthy are in agreement." Returning to Mr. Weil's point, Mr. Melnik pointed out that Lot 48 `ftw ..A' Northampton Zoning Board of Appeals May 17, 1989 Meeting Page Two does not have a curb cut, and since the City just installed new granite curbing and sidewalks, he thought they would probably not allow a curb cut for Lot 48, especially since Lot 17 has two of them. He said one of the two will be blocked by the fence, and then both uses will share the remaining cut. Coun. LaBarge pointed out that the neighbors don't want another curb cut that close to the bridge. Miss Fallon was asked for her opinion, and she stated, "If indeed, the contractor's yard use is abandoned on 17, they need a Finding for the intensification on 48. If you grant that Finding, then the Planning Board needs only to grant Site Plan Approval on 17, and they automatically get their Building Permit. You must condition your Finding on 48 that the use has been abandoned on 17, and I would like to review your decision before it is filed." Dr. Laband and Atty. Melnik then entered into a lengthy discussion over Special Permit v. Finding, and the Chair cut them short, saying, "Don't beat a dead horse. We said he needs a Finding and that's what he's asking for." Dr. Laband then moved the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Ch. Brandt then opened the Public Hearing on the Application of James and Eugene Tacy for Site Plan Approval. He read the Legal Notice as published twice in the Daily Hampshire Gazette, the Application, a memorandum from the Planning Board and a letter from the DPW. Atty. Melnik stated, "No Special Permit is sought. A Construction Supply Establishment is allowed by right. I want a Building Permit or a Finding. The Building Permit has been revoked, and I need some relief to get it reinstated. I suggest that this use is allowed by right, and the other use on this parcel has been abandoned. Give me a Finding on Lot 17 that the contractor's yard use has been abandoned, and please order the Building Inspector to reinstate the Building Permit." Ch. Brandt's response was, "Until we give you a Finding on 48, we will not instruct the Building Inspector to reinstate the Building Permit on 17." Mr. Weil agreed that "we have to act on 48 before we can act on 17." There was no one else present in favor or in opposition. Miss Fallon offered, "What you do on 48 determines what you do on 17. You must deny the contractor's yard use on 17. If you give the Finding on 48, they automatically get the Building Permit if there's Site Plan Approval." Ch. Brandt said he was not ready to decide tonight because he wanted to look at the curb cuts. Dr. Laband inquired if the proximity of the Mill River created any Conservation Commission %.r .../ Northampton Zoning Board of Appeals May 17, 1989 Meeting Page Three issues, and was told that it did, and they were in the process of resolution. Dr. Laband said that "we should put a condition on the Finding that, before a building can be constructed, the Wetlands Protection Act must be complied with. There was some discussion about a disagreement whether Lot 17 was in the flood plain at all, Mr. Tacy saying he had a letter from the ConsComm a couple of years ago stating that they had no jurisdiction over the building. It was generally agreed that a condition should be attached requiring compliance with any ConsComm rulings. Dr. Laband moved the Public Hearing be closed. Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. William Brandt, Chairman NWW 1.00 CITY OF NORTHAMPTON MASSACHUSETTS Patrick T. Gleason, Esq. City Solicitor Kathleen G. Fallon, Esq. Assistant City Solicitor Nancy Duseau, Chairman Northampton Planning Board City Hall Northampton, MA. 01060 Re: Claim of Constructive Grant Tacy site plan review Dear Nancy: May 17, 1989 I understand that Attorney Melnik, on behalf of his clients, James and Eugene Tacy, is claiming that, because the Planning Board failed to act on his application for site plan review within thirty five days, there was a constructive approval. The application in question was ambiguous in the extreme. It appeared to request a building permit for a construction supply establishment, site plan approval, and, possibly, a finding under Sections 9.3(B) and 9.3(C) of the Zoning Ordinance. Obviously the request for a building permit is inappropriate since only the Building Inspector can issue that permit. The request for a finding under Section 9.3(B) is applicable only if (1) the Tacys intend to continue the current non - conforming use of a contractor's yard on that site or (2) the Tacys intend to abandon the use on this parcel but the ZBA does not grant a finding allowing the non - conforming use to be moved in its entirety to the adjacent lot. The request for site plan approval was apparently added on at the last minute. The application fails to indicate whether this is a major or intermediate project. To qualify as an intermediate project, the building as proposed must have less than five thousand square feet of gross floor area and require only nine or fewer parking places. For a intermediate project not requiring a special permit, the Planning Board must act on the site plan within thirty five days or there is a constructive approval. Attorney Melnik is claiming this has occurred. However, it CITY HALL 210 Main Street Northampton, MA 01060 LEGAL DEPARTMENT 586.6950 Nom. Nancy Duseau, Chairman Northampton Planning Board appears to me that intermediate, project Page 2 this application 1.00 May 17, 1989 is a major, not an for the following reasons. First, the use proposed for the building is a construction supply establishment. This use contemplates both retail and wholesale activity. Under Section 8.1, the Table of Off - Street Parking Regulations, one parking space would be required for each three hundred square feet of gross floor area. Therefore, at least twelve parking spaces are required, making this a major project. Second, the applicants have indicated that there will be a mezzanine in this building. The gross floor area without the mezzanine is 3,600 square feet. With the additional area on the mezzanine, this project may well exceed 5,000 square feet of gross floor area. However, the applicant has not submitted sufficient information on which a determination can be made. As a major project, this application requires a public hearing under Section 10.11(3)(C). This time limits applicable to special permits are also applicable here. Thus, those time limits have not yet been exceeded; so there is no constructive approval of the site plan. It is my understanding that a public hearing on the site plan is scheduled before the Planning Board on May 25, 1989. I would recommend that the Board carry through with that hearing. Very tr yours, thlee� G. Fallon KGF /ss ..POI CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Zoning Board of Appeals FROM: Northampton Planning Board SUBJECT: James & Eugene Tacy, Site Plan Review DATE: May 15, 1989 FILE: The Planning Board reviewed this application at its May 11th meeting. Since this requires Site Plan Approval only, there being no other requests for zoning relief for this particular parcel the Planning Board has jurisdiction, and has set a Public Hearing for May 25th. This was never a ZBA issue, and tonight's Public Hearing should not have been scheduled. `%. _4W/ Northampton Planning Board May 11, 1989 Meeting Page Two &p4mi;on %Oe%piss F ' lom pas nimous ly . The Board then moved to two related Applications; one, from Tacy Construction Co., Inc. to continue to use Parcel 48 at 175 Main St., Leeds for the open storage of contractors' equipment, and one from James and Eugene Tacy, to be allowed to construct a 60' x 60' Construction Supply Establishment on Parcel 17 at 175 Main St., Leeds. Parcel 17 will be hereafter referred to as the Northerly parcel, and Parcel 48 the Southerly parcel. Atty. Patrick Melnik appeared for the Applicants. In the past, the Tacy family has operated a "contractors' yard" on both parcels, which were formerly one parcel. The single parcel has now been divided, with different entities owning the divided parcels. Tacy Construction Co., Inc. wants to concentrate the use that was on both parcels, onto Parcel 48, and seeks a Finding that such concentration will not be substantially more detrimental to the neighborhood than the pre- existing, nonconforming use. Coun. Labarge told the Board that the Tacys had signed an agreement, after negotiating with neighbors, to provide for a 6' stockade fence, plantings, and a single existing curb cut to serve both lots. Mr. Smith asked what the size of the new lot is, and was told it is 1.37 acres, including the river. Mr. Melnik pointed out that this lot will be used and occupied just as both lots had been used in the past - -this is merely a concentration of activity on the Southerly lot. Mr. Smith pointed out that a Special Permit from the Planning Board is necessary for the common driveway scheme. After some discussion, Dr. Beauregard moved that the Board recommend to the ZBA that the proposed use will not be substantially more detrimental to the neighborhood than the former use. Mr. Smith suggested that evergreen shrubbery be planted at the top of the riverbank, and Dr. Beauregard stipulated that the "neighborhood agreement" be followed. Dr. Arnould seconded. The motion failed 3 -4 (Beauregard, Cahillane and Duseau in favor). Mr. Holeva then moved to recommend approval, subject to the "neighborhood agreement," and further conditioned on the Applicant's supplying to the ZBA, Board of Health and Fire Department, a list of materials /equipment that is to be stored on the lot, that the parameters of the storage area be shown on a site plan, and evergreens be planted 30' from the road along the top of the riverbank. Dr. Arnould seconded, and the motion passed 4 -3, with Cahillane, Beauregard and Duseau voting against. The Application of James and Eugene Tacy for Site Plan Approval was then discussed. Mr. Melnik asked for permission to construct the proposed 60' x 60' building, for which the foundation has already been poured, because of the issuance of a Foundation Permit by a former Building Inspector. Mr. Melnik said he felt that Site Plan Approval had been granted by default, since the Board did not act on the request for approval within the 35 day period cited in the . Y Northampton Planning Board May 11, 1989 Meeting Page Three ordinance. Mr. Smith read Miss Fallon's memorandum, and questioned Mr. Melnik's assertion of "approval by default" based on what he termed "an incomplete Application." He said he did not want to allow approval by default, and Ch. Duseau, Mr. Gare and Mr. Holeva all felt that there was not enough information in the Application before the Board to do a proper site plan review. At Mr. Gare's request, Mr. Smith gave "three minutes of history" on the convoluted history of this site, and enlarged on Miss Fallon's point that the contractors' yard use must be completely removed from Parcel 17, and be located entirely and exclusively on Parcel 48. Ch. Duseau felt that elevations, details of lot surfacing, signage, and the 100 -Year Flood plan be made clear. Mr. Melnik reiterated his stand that approval had been granted by default after 35 days had elapsed from the filing date. Dr. Beauregard and Mr. Gare supported him. Mr. Smith queried Dr. Beauregard and Mr. Gare, saying, "If you are satisfied that this is an intermediate project, based on the application itself, not the oral presentation just heard, then approval has been granted by default. He reminded the Board that Applications are processed based on what's on the Application Mr. Crystal asked Mr. Melnik if he would be willing to come back and submit a proper site plan. Mr. Melnik replied that he "would have to discuss that with Gene." Mr. Smith stated that Site Plan approval is all that's needed, and it is the Planning Board's jurisdiction, not the Zoning Board. He added, "Once you remove the contractors' yard use from the left -hand lot, you can build with site plan approval." Mr. Melnik responded that "Gene will kick Warner Brothers off the lot so he can build." Mr. Crystal repeated his question about the Applicant coming back with a proper site plan, and Mr. Melnik replied, "If the Board so votes, I will. If you vote that I don't have it by default, then I ask for a two -week continuance so Gene can get more detail." Dr. Arnould then moved "that, due to the quality of the clarity of the Application, it is our finding that it's not clear that they have approval by default, and the hearing be continued for two weeks." Mr. Crystal seconded. Mr. Smith suggested that Miss Fallon's opinion be sought on the merits of Mr. Melnik 's claim of "granted by default," and felt that the Board should point out the deficiencies in the Application. Coun. Labarge asked permission to speak, Mr. Cahillane so moved, Dr. Beauregard seconded, and the motion passed unanimously. Mr. Labarge pointed out that he has "represented 32 objectors to this project all along. We all met at the site with Melnik and Mrs. McCarthy. All these people are willing to support this project- - I don't think that the site plan is that big an issue. Mrs. McCarthy and the priest have agreed on the fence and screening. We agreed Friday night that Tacy has to go before the ConsComm and would comply with their wishes, and then to the ZBA on May 17 and `%u.. -..i Northampton Planning Board May 11, 1989 Meeting Page Four comply with their wishes. The neighborhood has accepted this project." Mr. Melnik agreed that "There is a signed agreement. The Tacys have agreed to give the ZBA the right to place conditions on both lots." Dr. Arnould asked Mr. Smith to list the deficiencies with the site plan as presented. The information needed is 1) elevations, 2) 100 -year flood plan, 3) proposed surfacing, 4) drainage runoff, 5) services (utilities) to the structure, 6) landscaping /buffer, 7) signs, and 8) a traffic impact study. Dr. Arnould pointed out that the intent of his motion was not to "block the project - -it's nothing hostile, just let the normal process happen. The Application is obscure; we need all the information we can get." The motion passed 4 -3 (Cahillane, Duseau and Gare.) Mr. Melnik complained that the motion does not answer the question, "Do I have approval by default ?" Dr. Beauregard moved that Miss Fallon be asked for her opinion, Mr. Cahillane seconded, and the motion passed unanimously. ea to zne appiicazion yr Permit and Finding that would allow him to convert a one- m efficiency apartment to miscellaneous professional office a in a building he owns at 54 Old South Street. He des ed the building as having three apartments on the first floo he one at the left front being a one -room efficiency. It i 0 SF, and he wants to convert it to a professional office. H id, "There will be little or no visible change to the buildin We have plenty of frontage. The current use creates a nonconf ity (four apartments require 22,000 SF -we have 15,000 SF). C ing to mixed -use drops the SF requirement to 10,000 SF, and no a conform. All setbacks, building coverage and open space re ' ements are met." Mr.Holeva, a site inspector, was concerned out parking. Mr. Rosenberg pointed out that now, eight spac are required. With the change, only seven will be needed. M oleva moved to grant the Finding. Mr. Gare seconded. A woman the audience asked to be heard, and it was moved, seconded an oted unanimously to let her speak. She identified herself as ' vonne Boucher, a direct abutter of a Rosenberg -owned parc at 175 Jackson Street, who said that Mr. Rosenberg got a Sp al Permit in the Fall of 1987 to convert a house o/w eet from one - family to two - family. She pointed out thplanted an evergreen barrier between his house and hes a condition of the ZBA's grant of the Permit, and was r units, instead of just the two he was allowed. She had tten complaint with the Building Inspector, and that wt to all the members as well as a D. H. Jones Realty " describing the property. The was some discussion about the need for a Finding. Mr. Cr tal felt that one was needed, and Mr. Smith ended up agreeing h him. On Mr. Holeva's motion to grant the Finding, the vote as 3- rnould and Beauregard and Cahillane opposed, Crystal CITY OF NORTHAMPTON, MASSACHUSETTS g'� a DEPARTMENT OF PUBLIC WORKS 125 Locust Street Northampton, MA 01060 Paul O. Had 413 -582 -1570 Director of Public Works May 10, 1989 Peter J. McNulty, Sr. Assistant Director of Public Works ow ' rl II f Robert Buscher, Chairman U � Zoning Board of Appeals City Hall Northampton, MA 01060 Ref: Site Plan Review - Tacy in Leeds Dear Mr. Buscher: Our office has reviewed the "Site Plan Review" application of the Tacy Construction Company. The utility information supplied on the plan is insufficient. Therefore a proper review is not possible. You uly, Paul 0. Hadsel, Director of Public Works POH /GA /k cc: Nancy Duseau, Planning Board i CNEN CITY of NORTHAMPTON TO: Kathleen Fallon FROM: Bob Pascucci ../ OFFICE of PLANNING and DEVELOPMENT MEMORANDUM SUBJECT: Two Applications relative to 175 Main Street, Leeds DATE: May 2, 1989 FILE: Attached is an Application from Tacy Construction Company, Inc. for a Special Permit and Finding on the "right -hand parcel," and an Application from James and Eugene Tacy "for a Building Permit and Site Plan Review" for the Construction Supply Establishment they propose to build on "the left -hand parcel." Is this their attempt to do what the City has been urging them to do in order to allow the requested uses? These Applications will be reviewed at the May 11 meeting of the Planning Board, and Public Hearings will be on May 17 before the ZBA. Mr. Brandt will replace Bob Buscher as Chair for these hearings, and he has asked me to invite you to be present. Do you have any advice or direction to offer the Boards? (�A� ____ `.. City of Northampton, Massachusetts Office of Planning and Development City Hall • 210 Main Street Northampton, MA 01060 • (413) 586 -6950 • Community and Economic Development • Conservation* Historic Preservation • Planning Board* Zoning Board of Appeals March 20, 1989 James Tacy and Eugene Tacy 32 Lake Street Florence, MA 01060 ZMMWII Your Application for a Building Permit under Section 5.2, Page 5- 12 (3) and a Finding under Section 9.3 which has been submitted to the Zoning Board of Appeals, will be reviewed for recommendation by the NORTHAMPTON PLANNING BOARD when it meets May 11, 1989 at 7:00 p. m.in Council Chambers, Wallace J. Puchalski Municipal Building (the building behind City Hall). You and /or your representative are invited to attend this meeting to discuss the merits of your application. This meeting is informal, and the vote of the Planning Board to recommend Approval or Denial of your request is NOT binding on the Zoning Board of Appeals. Approximately two weeks before you are scheduled to attend the Public Hearing before the Zoning Board of Appeals, a Legal Notice announcing the meeting will be published in the Daily Hampshire Gazette. You, and all the abutters you listed in your Application, will receive a copy of this Notice in the mail. If you have any questions, please contact the Office of Planning and Development, Room 11 in City Hall, Telephone 586 -6950, Extension 262. Sincerely, Robert J. Pascucci Board Secretary cc Atty. P. J. Melnik CITY OF NORTHAMPTON` - ZONING PERMIT APPLICATION Zoning Ordinance Section 10.2 Owner James Tacy and Eugene Tack Address 32 Lake Street — Northampton, MA Telepho 584 -6637 No. inn I Lot Plan File Address 32 Lake Street — Northampton, MA Telephone 584 -6637 This section is to be filled out in accordance with the "Table of Dimensional and Density Regulations: (Z.O. ARTICLE VI) Zoning District S . I Use Lot Area Front Width Depth Setbacks Max. Bid. Cover Min. Op. Space Front Side Rear Past Existing None 40, 770 120 250 150 30 30 10 % 90 % Present Construction ProposedSu 1 0 7 0 - s . 2 50 ' .120 150 3 30 10 % 90 % Mark the appropriate box to indicate the use of the parcel: ❑ Non - Conforming Lot and /or Structure. Specify ❑ Residential ❑Single Family Unit ❑Multi - Family ❑ Duplex ❑ Other CXBusiness — Construction Supply Establishment ❑ Individual • Institutional • Subdivision ❑Regular ❑ P.U.D. ❑ Cluster ❑ Other ❑ Subdivision with "Approval- Not - Required " - Stamp: ❑ Planning Board Approval: ❑ Zoning Board Approval (Special Permit 10.9: Variance) Proposed structur ❑ City Council (Special Exception S. 10.10) is not in the water protectiondistnict overl Watershed Protection District Overlay: (Z.O. Sect. XIV) ❑ Yes M No Parking Space Requirements: (Z.O. Sect. 8.1) Required 12 Proposed 12 Loading Space Requirements: (Z.O. Sect. 8.2) Required 1 Proposed Signs: (Z.O. Art. VII) ❑ Yes KI No Environmental Performance Standards: (Z.O. Art. XI 1) ❑ Yes KI No Plot Plan (S.10.2) JAI Yes ❑ No This section for OFFICIAL use only: ❑ Approval as presented: p Modifications necessary for approval: ❑ Return: (More information needed) Denial: Reason � Site Plan M Yes ❑ No (S. 10.2 and 10.11 Waiver Granted: Date ❑ t 12/6/88 of Applicant " J. Mel Date Signature of Admin. Officer Da e Attorney for the Applicant r Application Number: Do Not Write Ir'i' Map(s) Parcels) Reed. B.I. Che Filed Fee Pd. Recd. ZBA B M 0.i i.d € E TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant James Tacy and Eugene Tacy a e ree - ort ampton, Address 2. Owner of Property James Tacy and Eugene Tacy Address 3. Applicant is: [XOwner; ❑Contract Purchaser; ❑Lessee; ❑Tenant in Possession. 4. Application is made for: ❑ VARIANCE from the provisions of Section page of the Zoning Ordinance of the City of Northampton. OSPECIAL PERMIT under the provisions of Section page of the Zoning Ordinance of th City o ff North V a mi e $uVA Nor e mi l for Construction Supply Establishment under )(70THER:Paragraph of the Zoning Ordinance.*(Continued on bottom) /3Z fa ► T 1 D (►l .o �oP P�' DIAL 175 Main Street - Leeds, MA , being situated on 5. Loc t ast of Property a in treet Street; the- shown on the Assessors' Maps, side of Sheet No. ,Parcel (s) 6. Zone S.I. and/or use A- licant ro oses to construct a building -- >,�� bi' hment which is a use allowed b ri ht. 7. D tor ip Constru tion e c work Supi orm: 0 � is and all siz an set ac requirement o the zonnn or finance wi e met. 8. (a) Sketch plan attached; CKYes O No (b) Site plan: INAttched ONot Required The use is a use allo by right. 9. S i forth reaspns upon which application is based: he lot is a conorming lot. All 2dning requirements will be met any adhered t o A building permit for the fou ndation was r vi the 11 of t nrl iax:Ant L and will be less aetriment d-L t_tL 1 f 1 1 will improve the area. 10. Abutters (see instructions; list on reverse side of form). - 12. 1 hereby certify that information contained herein is true to the best of my Paowiedg Melnik, Esq. December 6 1988 Attorne for the Applicant Date A pplicant's Signature ing . - or amp on, MA 11 In the alternative, Request for a Finding under Section 9.3B or Section 9.1c of the Zoning urdirance to allow for Lonstruct?cr 5uppiy r.staDtishment as Page 5- questeu., _.._ .. 11 Assessor's Map 3. Massachusetts Electric Route 9, Haydenville 10B -100 4 Helen A. McCarthy 183 -185 Main St., Leeds 106- .;.� 5 Clarence L. Chatfield Main St., Leeds 10D 6 James P. Doppman 167 Main St., Leeds 10D-19 Sena R. Lococco 7 Joseph S. Lococco 163 Main St., Leeds IOD-20 8. City of Northampton 9 James & Kathleen Elliot 39 Florence St. Leeds 10D-23 10 Heirs of Nora Steidler 41 Florence St. Leeds IOD-24 11 Russell J. Myette 182 Main St., Leeds 10D-33 12 Tacy Construction Co., Inc. 175 Main St., Leeds IOD -48 13. 14. 15. 16. 17 25. 26. 27. 28. 29. 30. (Attach additional sheets, If necessary) 2 . -Catholic Bishop of Springfield 195 Main St., Leeds 10B 18. r... � HoUSE its r � 2 4 6.VALY[ W. YALVE • L + "'&ArEL L/AAE 7'9 N 8 "G1ArE,C L/NE Q � ' r ♦ M D 1 J� aPp SED ' / Cvw, s1w, L 0 � -nl-� ' C -MO H,aI*N A. LA .57`LOL —GAf u - JfG1Et L/A/E N L.�CAN /Tf CU"D FU �r .► 0 _.N'� �. ��d �`h• S h�'i Yl� �J 7 l oi p le-5 �0., a�a /�c7 C,8a7taN SNo�,) Yl�� /ITT S all -PL a� '� eN•e�.tio.� y1..�e a -t S - � (r3,,tFoa st y1 -- T�,CS C>r[ -- t&o c s L--6 ou+QaC %t ek. C-L's - 6d - we R l e-S icy 600 *v � / Y/ /-Y/ 67 CX�eY 1 W �R -M'Zr I o t a SAf V /16/ 87 "Ne s -f cwr S N HDUSE 33Z G Z" STEE 6A S UA/f 7 r & VALVE W. Atve o. W JfG1fl LIAlf LA tE t LWE N lr£ Co - "WAlM L1N r r TCr EXGAYAW v6 C6mirtue-ram Ca W ArE � Sr �EE1 RILL i on r" N n N lh N 2 Z oc m o lob Z -ty f 7 . N 4 /*.4 LO HEC£,v A lKL CA,CTHY MEY-ID1aN of PcAU aoac i18 PA66 dB 1 ry 74- t b �I YJrL/iI • A[EA fR•' , - ` 3w ilt 33/ r0AoW A7 s���VAtt Z aPa SED �h a0 /L /Alec,- ti Lal b/A/6 f mmod AjgA o Awl ' PAS f I • - ,�� ��� � TLS` COO" TXAff /C EST /ht4;re LaCUS : L UGEAJE Q. TACY t • JAMES J. TA[.Y SEE = Boa Mal PAGE Z43 PLAm Bo 149 /3rse 88 LEGEND � IJNMa!IUMEAlTED 1'bIA/T 0 ACOAI PIAI -cr u ric rY 16 E -6- AM C Nl • 3 /GAJ )b r —`—'— W OOD L IL f6VCG lro BE IM M" --- &1 /L D /AJG SE7MCX LJA16 w oa D S To C-k ADE f�AlCE ro m E,CEc r n 1. , yiGN ) ilataSfa p ast! r S CE TCN Of L AA/D IN FIELD WORK: Lla y A1&j ;rj1,4AA P T,6 AL/ 1 M A SSAc N u S E T TS COMPUTATIONS: a (X THE VII-LA6 DF LEEI)3) DRAFTING: f 3. 14 ?ZC,DA,C AOX CHECK E0: L • �• N. �E A 7-A(- Y SCE LE: / ' = 46 HUGE DATE: JUJUE 8, 1989 ALMER HUNTLEY, JR. t ASSOCIATES, INC. SURVEYORS - ENGINEERS - LANDSCAPE ARCHITECTS 30 INDUSTRIAL DRIVE EAST NORTHAMPTON, MASS. JOB N /96 - d 4Z -,8 I SM EET; OF: l Digitized _ S - Checked - �� ZaAulu CA - moue B /3 1op - • Of SPX1A/6f1,61- b A Alit! s T