23D-137 3 ANNINO, DRAPER& MOORE, P.C.
ATTORNEYS AND COUNSELLORS AT LAW L
102 ELM STREET,SUITE 4
. IN STREET • SUITE 2504 WESTFIELD,MA 01085
CALVIN W.ANNINO,JR. Mi T OFFICE BOX 15428 TELEPHONE(413)562-9829
MARK E.DRAPER ( �P; �.; ,; ,� SSACHUSETTS 01115-5428
LOUIS S.MO• �C
16 ARMORY STREET '�
TEIrEP (4 2 00•TELECOPIER(413)732-3339 NORTHAMPTON,MA 01060
t TELEPHONE(413)587-0730 0 f/w
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July 23, 2004
VIA FACSIMILE TRANSMISSION AND FIRST CLASS MAIL
Mr. Anthony Patillo
Building Commissioner
City of Northampton
212 Main Street
Northampton, MA 01060
Re: 80 Hinckley Street, Northampton
Assessors' Map 23D, Lot 137
Dear Mr. Patillo:
I previously contacted you in March 2002 regarding an accessory structure being
constructed on property located at 80 Hinckley Street in Northampton(the "Premises"). The
purpose of this letter is to request that the City perform an inspection at the Premises to ascertain
whether the Premises is in violation of the Northampton Zoning Ordinance and applicable
building and electrical codes.
Your office has advised us that a building permit to construct a"storage shed"on the
Premises was issued in August of 2001. Your office advised us earlier this week that it was
never notified of the completion of the structure, and therefore no inspection was ever done, and
no certificate of use and occupancy was ever issued.
I understand that the structure has been in use since at least the fall of 2003, power
equipment is regularly used inside the structure and there are lights on inside the building. It is
clear that the building is in use, and apparently without any Certificate of Use and Occupancy
issued by the Building Commissioner. Furthermore, if the structure is being used for a home
occupation, that use requires obtaining a Special Permit from the Zoning Board of Appeals.
Finally, it appears the"storage shed"has electrical service. It appears that the electrical
service has not been inspected and approved as in compliance with the City's electrical code.
Please contact Ms. Tracie Kester of my office or me to discuss this letter if you have any
questions, or to provide us with information once your inspection is complete.
t
Mr. Anthony Patillo
July 23, 2004
Page 2
Thank you for your assistance in this matter.
Ve ly yo rs,
ouis S. Moore
LSM/tmk
cc: Clients
Ms. Carolyn Misch
Z3b- 137
o45�PT
t oy
•�AlV ., 1• Tit 1 of Norfl a npton iZ =*_; '
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'� _yr�y� DEPARTMENT OF BUILDING INSPECTIONS , --
INSPECTOR 212 Main Street I Municipal Building '` -o,,y
Northampton,MA 01060 um 5
July 23, 2004
Mr. Louis Moore
135 Maplewood Terrace
Map 23d-1ot162
Re; 80 Hinckley Street
Dear Mr. Moore,
I received your fax dated July 23, 2004 concerning the structure at 80 Hinckley Street. A
person did contact this office asking information about the structure at 80 Hinckley Street
and requested a complaint form,which was faxed to her. I spoke with the owner of the
structure as well as had a inspector go to property to assess the alleged violations you
expressed in your letter.
I specifically asked owner if their was electric service that was bought to structure under
construction,his reply was no that he has run extension cords out to structure to run
power tools and lights when he is working on building. Owner is retired and works on
project as he feels up to it The inspector who went to site this afternoon , also stated that
there was no power bought to building. The building is not in violation of zoning nor
building nor electrical codes , it is a structure under construction, and as a building under
construction , specifically a building being used for storage, a certificate of inspection
would not be issued until the applicant calls for a final inspection.
I hope this clarifies the matter for you. The structure is for storage not for sleeping ,MGL
780CMR 110.14 states only application shall be deemed abandoned if work has not
begun within six months of issuance, in this case work was started within six time period.
The permit is valid.
Sincerely,
Anthony Patillo
Building Commissioner
City of Northampton
CC: C. Misch, R. Blanchard
JUL.23'2004 10:23 413 732 3339 ANNINO DRAPER & MOORE, P.C. #5623 P.002/003
•
ANNINO, DRAPER&MOORE, RC. c�r,7 t'
ATTORNEYS AND COUNSELLORS AT LAW Z3 A
-
102 ELM STREET.SUITE 4
MO MAIN STREET • BUWTE 2504 WESTFIELD.MA 01055
CALVIN W.ANNINO,IR. POST rtPF10E BOX 15424 TELEPHONE 4413r 562-0829
MARK N. DRAPER SPRINOPIELA,M.ASSACHHTJSITTS 01.115-S42R
LOIJIs S. MOORE
16 ARMORY STREET
NORTHA.MPTON.MA 01060
TELEPHONE(41.3)732-6400•TELECOP1ER(413)732J339 TELEPHONE(a.13)547-07a0
RECE11
July 23, 2004
VIA F ACSIMI,LE TRANSMISSION AND FIRST CLASS MAIL J U L 2 3 2004
Mr. Anthony Patillo DEPT OF BUILDING INSPECTIONS
Building Commissioner NORTRAMPTON,MA 01060
City of Northampton
212 Main Street
Northampton, MA 01060
Re: 80 Hinckley Street, Northampton
Assessors' Map 23D, Lot 137
Dear Mr. Patillo:
I previously contacted you in.March 2002 regarding an accessory structure being
constructed on property located at 80 Hinckley Street in Northampton.(the"Premises"). The
purpose of this letter is to request that the City perform an inspection,at the Premises to ascertain
whether the Premises is in violation of the Northampton Zoning Ordinance and applicable
building and electrical codes.
Your office has advised us that a building permit to construct a"storage shed"on.the
Premises was issued in August of 2001. Your office advised us earlier this week that i.t was
never notified of the completion of the structure, end therefore no inspection was ever done, and
no certificate of use and occupancy was ever issued.
I understand that the structure has been in use since at least the fall of 2003,power
equipment is regularly used inside the structure and there are lights on inside the building. I1 is
clear that the building is in use, and apparently without any Certificate of Use and Occupancy
issued by the Building Commissioner. Furthermore, if the structure is being used for a home
occupation,that use requires obtaining a Special Permit from the Zoning Board of Appeals.
Finally, it appears the"storage shed"has electrical service. it appears that the electrical
service has not been inspected and approved as in compliance with the City's electrical code.
Please contact Ms. Tracie Kester of my office or me to discuss this letter if you have any
questions,or to provide us with information once your inspection is complete.
JUL.13'Z004 10:Z4 413 13Z 3339 ANNINO DRAPER & MOORE, P.G. ##W13 P.003/003
• a•
4
Mr. Anthony Patillo
July 23, 2004
Pie 2
Thank you for your assistance in this matter.
Ve ruly yoi rs.
Ii . a -----
. ..ouis S. Moore
LSM/Imk
cc: Clients
Ms. Carolyn Misch
JUL.23'2004 10:23 413 732 3339 ANNINO DRAPER & MOORE, P.G. #5623 P.001/003
. r
♦
ANNINO, DRAPER & MOORE, P.C.
ATTORNEYS AND COUNSELORS AT LAW
1500 MAIN STREET, SUITE 2504
POST OFFICE BOX 15428
SPRINGFIELD, MASSACHUSETTS 01 1 15.542E
TELEPHONE: (413)732,6400
TELECO PIER: (413)732.3339
DATE: July 23, 2004
TO: Mr. Anthony Petillo, Building Commissioner
FROM: Louis S. Moore, Esquire
FACSIMILE NUMBER: 413-587-1272
NUMBER OF PAGES (INCLUDING COVER SHEET):
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