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23D-107 (34) b- tai CITY OF NORTHAMPTON (� NORTHAMPTON, MASSACHUSETTS OFFICE OF BUILDING INSPECTION 9 August 1989 Attorney John B. Howard 39 Main Street Northampton, MA 01060 Re : Pioneer Valley Nursing Home 548 Elm Street, Northampton, Massachusetts Dear Mr. Howard: You have asked for my opinion as to whether the Pioneer Valley Nursing Home structure is in compliance with the Northampton Zoning Ordinance. I am informed that the structure is located on property owned by New Pioneer Valley, Inc. in the URB District and shown as Parcel 107 on Sheet 23D of the Northampton Assessor ' s Maps. I have examined the plan entitled "Record Plan of Land in Northampton, Massachusetts Surveyed for New Pioneer Valley, Inc. " , prepared by Almer Huntley, Jr. & Associates, Inc. and dated 26 June 1986 and recorded in the Hampshire County Registry of Deeds in Plan Book 139 , Page 80 . I have also reviewed the zoning and building inspection file in this office on the subject property. I find that the use of the property as a nursing home was allowed by a Special Permit granted on 29 May 1973 by the Northampton Zoning Board of Appeals pursuant to Section 11, Paragraph (i ) 5 and Section 12 of Northampton City Ordinance Chapter 44 , the then-current zoning ordinance. In my opinion the structure was erected in accordance with the permit and with the plans and specifications submitted to the Zoning Board of Appeals and to this office at that time. Since its placement and construction predate the current provisions of the Northampton Zoning Ordinance governing such matters as setbacks, building coverage and open space, the nursing home building is classified a pre-existing nonconforming structure, is not subject to such provisions of the Ordinance and therefore is not in violation of the same. I am aware of no actions pending or contemplated by the City of Northampton against New Pioneer Valley, Inc. on account of zoning matters pertaining to the nursing home structure. Very truly yours, Bruce P Palmer Building Inspector and Zoning Enforcement Officer