35-029 (11) R
DEC - 7 IN
DEPT,OF BUILDING INSPECTIONS
NORTHAMPTON,M .
r
. r
T
_2_
MORSE AND SACKS
Mr. Cecil Clark November 24, 1982
their existing pit.
If I can be of further assistance to you, feel free to contact me.
Very truly yours,
MORSE & SACK
4
By 1
H e roacksV
HMS/cab
cc : Bill Willard, Inc .
303 King Street
Northampton, MA 01060
M \ JJ
ALVERTUS J. MORSE (1872-1949) PHONE 584-1287
ALVERTUS D. MORSE (1904-1982) r ->j�� AREA CODE 413
HARLEY M. SACKS
JOHN H. FITZ-GIBBON �,•"
MICHAEL J.ZMACZYNSKI MORSE & SACKS
' Attorneys-at-Law
31 TRUMBULL ROAD
!° G NORTHAMPTON, MASSACHUSETTS 01060
November 24 , 1982
Cecil Clark
Building Inspector
City of Northampton
City Hall
Northampton, MA 01060
In Re : Bill Willard, Inc .
Dear Cecil,
You have asked for a letter construing Sections 11-18 which appears
on Page 11-4 and states "18 . Existing Operations . Any existing
sand or gravel removal activity operating under a permit issued prior
to the date of adoption of this ordinance may continue until the
expiration of the permit. . . " and Section 4 . 3 that appears on Page
4-1 " . . . 4 . 3 - Existing Buildings and Land. This ordinance shall not
apply to existing buildings or structures, nor to the existing use of
any buildings or structure or of land, to the extent to which it is
legally used at the time of the adoption of this ordinance. . . "
It is clear to me that these two sections can be read harmoniously
and as such to allow the Willard operation to continue. The Willard
operation was continuing as a matter of right prior to the adoption
of the ordinance. Accordingly, under Section 4 . 3 this ordinance
shall not apply to existing land legally used at the time of adoption.
That in and of itself seems very clear. Section 18 refers only to
those operations which require a permit. These would be operations
starting after the adoption of the ordinance or operations which did
have specific permits granted before the adoption. As Willard falls
into neither of these categories , it is allowed to operate as "grand-
father" under Section 4 . 3. At such time as Willard were to expand
their operation then Section 18 would apply and thereafter Willard
would have to comply with the ordinance.
Accordingly, I find no requirement that Bill Willard, Inc . come in
under this section so long as they operate within the confines of
x
DEC - 7 !�
DEPT.Of BUILDING INN . ', S
NORTi#A;`0TON,'MA "`'
Commercial Union Assurance Companies THE COMPANY ISSUING THIS BOND IS INDICATED BY
THE FIRST LETTER IN THE BOND NUMBER AS FOLLOWS
C= COMMERCIAL UNION INSURANCE COMPANY
RENEWAL, BILL ? A= AMERICAN EMPLOYERS INSCWW""COMPANY
& ± F =THE EMPLOYERS' FIRE INSURANCE COMPANY t
CONTINUATION CERTIFICATE _ N;THE NORTHERN ASSURANCE COMPANY OF AMERICA
IS BISHOP INSURANCE OF HAWAII,�`Iry,C.
OBLIGEE CITY OF NORTHAMPTON kitiANCH 22.
BOND -"%' '"J L J
DESCRIPTION GRAVEL PERMIT
BOND NUMBER AGENT NO. EFFECTIVE DATE TERM EXPIRATION DATE BOND AMOUNT. PREMIUM COMM.
AGENT'S NAME AND ADDRESS PRINCIPAL'S NAME AND ADDRESS
F- SORANSKI INC ALEX N r BILL WILLARD INCORPORATED
P 0 BOX 417 t�84 N
NORTHAMPTON MASS 01060 NORTHAMPTON MASS
REX 5607t34t
CONTINUATION CERTIFICATE
IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the
further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as
those of any endorsement thereof,
PROVIDED ALWAYS that the liability of the Surety Company under the said Bond and the continuations
thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly
authorized Attorney In Fact of the Surety Company.
EX 7a2JOB
�� M P A j j
�j
-) ,\ s IS fRAN _F I N Y
(Na ofC any)
8Y:
Elizabeth A. Sheehan (Attorney in Fact) j
60853-2 AGENT