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29-059 (8) 4gH�1►fP�O Gr t� of Worthaurptan z z � � �lxssachrrsctts W a 'o DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building ',,M Sv• ,� Northampton, Mass. 01060 Paul J. Duclos July 27, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: The team of inspectors met at 62 Gilrain Terr., Florence, Mass. , to inspect and discuss the situation with Mr. & Mrs. Booth and son Richard. Original construction included, finished basement with kitchen facilities. Renovations noted were: 1 . Replace kitchen sink with a new model able to accomodate wheel chair resident or guest. 2. Misc. wiring connected to new outside entrance. 3. Concrete ramp with retaining walls and handicap accessible sliding glass door. Contractors that did the work will be counseled by the Building Department's staff and will be required to obtain the necessary permits (Electrical , Plumbing, and Building). No penalties will be imposed on the owners or contractors at this time. raul uclo Commissioner PJD/lb GEORGE W. LEARY STEVEN W. LEARY ATTORNEYS AT LAW 9S State Street Springfield, MA 01103 (413) 737-1489 July 25 , 1988 A 26 1998 �.Lb NORRTTHAMIP�70. WOW 01 Paul J. Duclos , Building Commissioner City of Northampton Department of Building Inspections 212 Main Street Municipal Building Northampton MA 01060 Re: Richard Booth 62 Gilrain Terrace Northampton MA 01060 Dear Mr. Duclos : I represent the above-referenced Richard Booth and would appreciate your contacting me regarding your letter to Mr. Booth dated July 15 , 1988 , at your convenience. Ve ruly yours , teven W. Lea /lmm Now 2 6 d �* s r s-. ♦ y t Crxt� of Xart4anrptan 9 � �lassxcllnsetfs -- $ Office of the �nzptrtor of juildzngs — W 212 Main Street•Municipal Building = �� Northampton, Mass. 01060 v COMPLAINT SHEET How received: Telephone ( ) _ Complaint No. n27 l Personal � ) date: �Z� Letter ( ) s DEC 15 IN7 i Time: , 6 A.M. P.M. s j f Telephone No. Complainant's Name: Complainant's Address: Complaint received by: �'° VIOLATIONS OF: K I'Ct�ipter 44 Zoning Ordinances, City of Northampton ❑ Chapter 802 As Ammended Mass. State Building Code ❑ Sanitary Code, Art.2 Complaint reported against: Name: t ' lf'/ e, Tel. Address: Location of complaint: � �4 1 � Map# � � Lot# Signature of Complanants: Nature of complaint: x/—.. _ F' I i Investigation: Yes ( ) No ( ) Investigated by: P�INH T"SN P �O : " Tz of fax#l� ntott 1 Z W DEPARTMENT OF BUILDING INSPECTIONS INSPEC OR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Edward J. Tewhill January 4, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: As you are aware by constructing an apartment in your basement area of your single family home, City Tax Map 29 - Lot #59, you are in violation of the Northampton City Ordinances. Gilrain Terrace is located in Zoning District Urban Residence "A" (URA) two (2) family homes per Section 5.2, Table of Use Regulations Page 5-2, Paragraph 1 , is in violation of the Zoning Ordinances and a Variance is required to be granted by the Zoning Board of Appeals. Cease and Desist the use of the basement apartment and please contact this office at 586-6950 ext. 240, so that we may help you with the application upon receipt of this letter. Sincerely, Edward J. Tewhill Building Inspector EJT11b r m • �'�� $� � � E � �'' III 0. CLI m o z W a� t'L $ `° EC of c e i W ? `.''`1 hO e' mvl- wag >` .01 Lu M V 7 r` \ 3 0 V ` Nw 1 N'cu co 0 LL m V a W p7 d N .0 W C \ �•w N .o5oca ct a m m. M u a y�w x Q>^w N c y a El ❑ 16 X p 9 a ao ci X W N ❑RO • o..a � � . DOMESTIC RETURN pS Form 3811,July 1983 447-845 IV i G LU Vi ` � 4 J .� �• CC O � � 1 � d 3 j 'N . W Z v N Ol> O O N Q IL Ln cc (nip Lm a ca LLz m ti _ m Q o- Y Q v D a R . U N N ? CO �� @ LLI Z p1 = 'O L Q E to cn in a n °- c � ¢° ¢C) a LG9-COV-Ce6[•o'e,E)•s•n * Z96L 'qaj `009 t g "•$ Cry of Wart4amptan r �Ilassacltusctts o DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building 'f Northampton, Mass. 01060 Paul J. Duclos July 27, 1988 Mr. %Richard Booth 62 Gilrain Terra Northampton,.-Mass. - 01060 Dear Mr. Booth: The team of:Inspectors met at 62 Gilrain Terr., Florence,; Mass., to inspect and-discuss the Situation with Mr. & Mrs. Booth and son Richard. Ori.ginzl-=onstrui:tion-.;,included, finished basement with kitchen facilities. Renovations:noted were: 1. Replace kitchen sink with a new model able to accamodate wheel chair-resident or guest. 2. Misc. wiring connected to 'new outside entrance. _3. Concrete ramp with retaining walls and handicap accessible sliding glass door. Contractors that did the work will be counseled by the Building Department's staff and will be required to obtain the necessary permits (Electrical , Plumbing, and Building) . No penalties will be imposed on the owners or contractors at this time. r Qy, / uclo Commissioner PJD/lb A CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Jim Brooks Bob Pascucci 7v FROM: SUBJECT: .Scagel:-complaint re: Booth--illegal apartment DATE: July 21, 1988 FILE: I showed the attached material to Bob Buscher last night, and he suggested that you: 1) Approach the new building inspector and see if you can get some results, or 2) Appeal the Building Inspector's failure to act. f 1- } v _ A J oy C�izty of Naz#4anipt= r _,� � 9 �assacttasetls DEPARTMENT OF BUILDING INSPECTIONS !: 212 Main Street Municipal Building INSPEC OR Northampton, Mass. 01060 ' f Edward J. Tewhill --uanu a ry 4, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: As you are aware by constructing an apartment in your basement area of your single family home, City Tax Map 29 - Lot #59, you are in violation of the Northampton City Jrdinanc.es. Gilrai-n Terrace i6 located in Zoning District Urban Residence "A" (URA) two (2) family games per Section 5.2, Table of Use Regulations Page 5-2, Paragraph 1 , is in violation of the Zoning Ordinances and a Variance is required to be granted by the Zoning Board of Appeals. Cease and Desist the use of the basement apartment and please contact this office at 586-6950 ext. 240, so that we may help you with the application upon receipt of this letter. Sincerely, vk Edward . Tewhill Building Inspector EJT/lb C ik of NvehanipIm Offi.tr of tht )nsptrtor of 191Ulbings In 212 Main Street•Municipal Building Northampton, Mass. 01060 COMPLAINT SHEET MA moso '7 How received: Telephone ( } Complaint No. " Persona! �} � Date: Letter ( ) DEC 151%7 Time:(�_C ,Z A.M. P.M. 1 Telephone No. je Complainant's Name: �- Complainant's Address: Complaint received by: VIOLATIONS OF: E�-Cfi7apter 44 Zoning Ordinances,City of Northampton O Chapter 802 As Ammended Mass. State Building Code 0 Sanitary Code,Art.2 Complaint reported against: Name: ��XX/l J;; , .� ,/� Tel. Address: Location of complaint: (��` �4 i�C. Map# Lot T_ Signature of Complanants: Nature of complaint: �zz // Investigation: Yes ( ) No ( ) Investigated by: —,. ,_ a_ _ k 'firti - ®L- --- - _ s ---_- -- -- DEPT OPBU:lD,N^ " NORt}IA1?P70N� SPECTMNS - idA o { C,F!�7, 17 ;"Q AWAW-4 -ft4 o NOR, `1F70N /,�� ero _ �'' w �� . `�» '� —. _ __. _, s i, ,. -DEPT. OFF Et w.::. plea —Oty�� IS 74 V4 _� /d�� /p�� /f c°_ Qi•�� _�f"/�'/miff� �f.�''�!,yfr r�' _ __.. 1._/'l1L_f1Dl_�! ___. ley C_,- ,% Sc /Qr /JW _ r r ' r Cit of Northampton Office of the Legal Department MEMORANDUM ,, � + Councilor James G. Brooks I ; ki TO: .I�G r Kathleen Fallon FROM: �, „° a,u Construction at 62 Gilrain Terrace, Florence SUBJECT: DATE: August 11, 1988 FILE: The building in question is in a URA district. Two family dwellings are not permitted in that district so the conversion of a basement to an apartment would be a violation of the Zoning Ordinance. Apparently Mr. Tewhill did order Mr. Booth to stop all work in January of this year. It appears from Mr. Duclos' s letter to Mr. Booth that he has failed to address the zoning issue but has only dealt with permit procedures. I will inform him that there is a problem with the apartment and that he should take appropriate action. As Mr. Buscher suggested, Mr. Scagel may file another complaint with the Building Inspector. If Mr. Duclos fails to take action on the illegal apartment, Mr. Scagel can take the matter to the ZBA. cc: Larry Smith Paul Duclos 0 0 Grit r of N ort4ampta rt � e �tasssch�TSetts W r o DEPARTMENT OF BUILDIXG INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Paul J. Duclos July 27, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: The team of inspectors met at 62 Gilrain Terr. , Florence, Mass. , to inspect and discuss the situation with Mr. & Mrs. Booth and son Richard. Original construction included, finished basement with kitchen facilities. Renovations noted were: 1 . Replace kitchen sink with a new model able to accomodate wheel chair resident or guest. 2. Misc. wiring connected to new outside entrance. 3. Concrete ramp with retaining walls and handicap accessible sliding glass door. Contractors that did the work will be counseled by the Building Department's staff and will be required to obtain the necessary permits (Electrical , Plumbing, and Building) . No penalties will be imposed on the owners or contractors at this time. raul y,uclo Commissioner r Crit� of Nart alliptan Z F � o s. DEPARTMENT OF BUILDING INSPECTIONS a INSPECTOR 212 Main Street ' Municipal Building Charles J. Mazeski Northampton, Mass. 01060 July 28, 1988 Mr. Victor Salvatore 136 Cross Path Rd. Northampton, Mass. 01060 Dear Mr. Salvatore: On December 15, 1987, a complaint was filed at the Building Inspector's Office cont-rning work that was done at 62 Gilrain Terr. , Florence, Mass. You are being cited for the following violations of the Mass State Plumbing Code; Chapter 142: 248 CMR (2) 248 CMR (3) 248 CMR (6) You will not be issued any plumbing permits until these violations are corrected. You are advised to be at the Northampton Building Inspector's Office at 9:00 A.M. , August 3, 1988. If you fail to appear, this matter will be turned over to the Board of Mass. State Examiners of Plumbers. Be sure to bring with you your original Journeymans License Cert- ificate and your current license. Sincerely, Charl Mazeski, Jr. Plumbing & Gas Inspector City of Northampton CJM/lb DFFAR77AMT OF BUILD= INSPECTIONS INSPEC°OR 212 Main Street "' Municipal Building Northampton, Mass. 01060 Edward J. Tewh i 1 i _ w ( , , p AUG 988 I m « _jLu i DEPT T $URDItdG INS' CTiON� - NORTHAtr;FTON.RAR.010&0 ary 4 1988 r Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: As you are aware by constructing an apartment in your basement area of your single family home, City Tax Map 29 - Lot #59, you are in violation of the Northampton City Ordinances. Gilrain Terrace is located in' Zoning district Urban Residence "A" (URA) two (2) family homes per Section 5.2:,.Table of-Us . Regulations*Page 5-2, Paragraph 1,, is. in violation of the Zoning Ordinances and a: Variance is required to be granted by the Zoning Board of Appeals Cease and Desist the use:_of the basement apartment and please- contact this office at.586-6950 ext_ Z40, sa that we mar hula you. with- the application: upon receipt of this letter. Sincerely, Edward J. Tewhill Building Inspector FIT/Ib. Nil i Crxt ,ao #4ntun qzj � 8 �Glassacl}usctts '' DEPARTMENT OF BUILDING INSPECTIONS f r INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Paul J. Duclos July 15, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth We have been trying to rectify the violation at the above listed address, constructing an apartment in your basement, as per letter sent to you January 4, 1988. We are now giving you ten (10) more days to contact this office to let us know your procedure to correct the above listed violation. If we do not get a response from you within the ten (10) day period of time we will have no other choice but to turn this matter over to City's Legal Department for further action. Sincerely, �� C(.4 1r VPaul J,/Duclos Buildi,hg Commissioner City of Northampton PJD/lb pc: Legal Dept. MW P!f 3800, June 1985 s Y-o p om °7:10 CD a m o v� m 3 D on �' m o w ` vita ° ° a 0— T Of m —� Zm� �' I -n D' m m Cf CD Ocp <� m ° o n N <'O Am 1 CD 7 Q y Z Ln ° m 3 Moir ru 1 - 333H 3v ailS3WOO SWL" E86L MnrItLSE wjod Sd p X P X p 0 D [] A �^ W w o m m cr -0" a m m m< x co'a < `� D ❑ ❑ '" m e� cy 9 m°c R�_'m c S o m� nm om 'rn �� w y f Eio$ 3mmn �o \m D D Ma. e .'+o „oc o a O B o �og,, •. s " cW 8 oW s CL a e 0 0 C D A CL m om � =z . CL 1 =C"L oa I° z � 06 CL o 04 3 V a a OQJ a. a (` qn:- g� m_m � `f✓ � v o c o � O3 lift/ of 'Worf ul 1vto t w z $ � �tTassacl�ttsetts � '= DEPARTMENT OF BUILDING NSPECTIONS a INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Paul J. Duclos July 27, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: The team of inspectors met at 62 Gilrain Terr. , Florence,; Mass. , to inspect and discuss the situation with Mr. & Mrs. Booth anJ son Richard. Original construction included, finished base ent with kitchen facilities. Renovations noted were: 1 . Replace kitchen sink with a new model able to accomodate wheel chair -resident or guest. 2. Misc. wiring connected to 'new outside entrance. 3. Concrete ramp with retaining walls and handicap accessible sliding glass door. Contractors that did the work will be counseled by the Building Department's staff and will be required to obtain the necessary permits (Electrical , Plumbing, and Building) . No penalties will be imposed on the owners or contractors at this time. Sin!�y, aul J. u to + Buildin Commissioner PJD/lb CITY OF NORTHAMPTON ZONING BOARD OF NPPEALS NORTHAMPTON, MASSACHUS TTS 01060 R November 1, 1988 NOV r ` ' J DEPT.pfiLDUI� Mr. Donald A. Scagel R1}{q� SONS 31 Gilrain Terrace �� Florence, MA 01060 Re: Complaint against Mr. Richard Booth, #241-87 Dear Mr. Scagel: I have the material which you sent via Registered Mail To Robert C. Buscher, Chairman, Northampton Zoning Board of Appeals. You ended your note by saying that you would like to appear before the ZBA. There is a fairly simple process in place that will permit you to do this. The Provisions of Section 10.7 of the Northampton Zoning Ordinance provide hat: "If the Building Inspector is .requested in writing ro enforce the Ordinance against any person allegedly in vi cation of the same and declines to act, he shall notify in writing the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen ( 14) days of receipt of such request. " In order for your complaint to be heard by the Zoning Board of Appeals, you must fill out an application form, (enclosed) , and submit it to the Office of the Building Inspector. Fill out Items 1 , 2, 3 , 4 , 5 , 6, 9, 10 , 11 and 12 . Under Item 4 , check the box "Other ," and add that you ara appealing the failure of the Building Inspector to act as requir d by Section 10.7. You must go to the Assessor' s Office to jet the names of the legal abutters. They will assist you in doinj this. There is no fee for this process. After the prop rly completed forms are submitted, you will be informed of the iates of your appearances before the Planning Board and Zoning Board of Appeals. Very truly yours, /Aj_� Jy Robert J. Pascucci Board Secretary cc: Miss Fallon, Messrs. Brooks, LaBarge and Tewhill o r � �lassac)lusetts w '- Grit of Narthanyton o DEPARTMENT OF BUILDINC INSPECTIONS INSPECTOR 212 Main Street ' Munic pal Building Northampton, Mass. 01060 Paul J. Duclos July 27, 1988 Mr. *Richard Booth 62 Gilrain Terra Northampton,__Mass. . 01060 Dear Mr. Booth: The team of Inspectors met at 62 Gilrain Ter r., Florence,, Mass., to inspect and-discuss the .si_tuation _with Mr. & Mrs. Booth and son Richard. Originai-:ronstrul ;tion.mincluded, finished bas ment with kitchen facilities. Renovations noted were: 1. Replace kitchen sin with a new model able to :accctrnodate wheel ch ir -resident or guest. 2. Misc. wiring connec ed to 'new outside entrance. -3. .Concrete ramp with retaining walls and handicap accessible sliding glass door. Contractors that did the work will be counse ed by the Building Department's staff and will be required to obtain the necessar permits (Electrical , Plumbing, and Building) . No penalties will be imposed on the owners or contractors at this time. Si c yy, / aul J. u to Buildin C mmissioner PJD/lb A CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Jim Brooks Bob Pascucci FROM: - SUBJECT: .Scagel complaint re: Booth--ille al apartment DATE: July 21, 1988 FILE: I showed the attached material to Bob Buscher last night, and he suggested that you: 1) Approach the new building inspector and see if you can get some results, or 2) Appeal the Building Inspector's failure to act. f •�11AMp OQ. TO 's F Grit of Nart4a ptur : z $ 6 �lassacl�nsetts '= DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Paul J. Duclos CZ-PV July 15, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth We have been trying to rectify the violation at the ab:,,ve listed address, constructing an apartment in your basement, _as per letter:. 1,ent to you Jan!lary 4, 1988. --We are now giving you ten (10) more days -to . ontact ;h• c 'i;,e to let us know your procedure to correct the above listec violation. If we do not get a response from you within the ten (10) day p riod of time we will have no other choice but to turn this matter over to City's Legal Department for further action. Sincer,al , 6�Pa�ul J,o uclos Buildi,6g Commissioner City of torthampton PJD/lb pc: Legal Dept. , e y ��S �' 44�` 6 �asaadtturtta r 4::..•r^i DEPARTMENT OF BUILDDZG INSPECrIONS INSPEC OR 212 Main Street ' Munici al Building Northampton, Mass. 01060 Edward J. Tewhill —�anua y 4, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: As you are aware by constructing an apartment iii your basement area of your single family home, City Tax Map 29 - Lot #59, you are in v olation of the Northampton City Drdinanc.es. Gilrain Terrace is located in Zoning District Ilrban Residence "A" (URA) two (2) family homes per Section 5.2, Table of Use Regulations Page 5-2, Paragraph 1 , is in violation of the Zoning Ordinances and a Variance is required to be granted by the Zoning Board of Appeals. Cease and Desist the use of the basement apartm nt and please contact this office at 586-6950 ext. 240, so that we may help you with t e application upon receipt of this letter. incerely, i 1 Edward Tewhill uilding Inspector EJT/lb a, CitI 1f Nae4altirwr 8 �tassacl�iaetls Offirt of tot )naptrior Anilbings 212 Main Street•Munici 1 Building <" Northampton, Mass 01060 ; COMPLAINTS EET How received: Telephone ( ) Y Complaint No. �� r��----- Personal ) Date: ------ �� Letter ( ) DEC 15 Time: �� A.M. P.M. L -• - ' Telephone No. Complainants Name. Complainant's Address: Complaint received by: VIOLATIONS OF: i-CFtaplter 44 Zoning Ordinance ,City of Northampton • Chapter 802 As Ammended ass. State Building Code • Sanitary Code,Art.2 Complaint reported against: , i Name: Tel Address: Location of complaint: �` , i� Map# Lot# _ ,r Signature of Com Jana ts: Nature of complaint: In estigated by: Investigation: Yes ( )No t } r � -f�10111# Lol AooA qeol ILI IV * jo lzzq -r-NOV �- - NOV � vY .: w Grit of Wort4a 11 Rton �1868AChliSttt'3 r • _ _ z Office of the �Inzptrtor of oilbings 212 Main Street•Municipal Building Northampton, Mass. 01060 .t T How received: Telephone ( ) ' Complaint No. Personal ( ) Date: � � Letter (X) Time:11 ,1,A.M. P.M.ow IRNUR Telephone No. Complainant's Name: Do,61,6-ld N Complainant's Address: DEPT. OF BUILDING IRiSuc_.;IONS Complaint received by: Ita NordlwVwrk Mass,01 VIOLATIONS OF: Chapter 44 Zoning Ordinances, City o Northampton ❑ Chapter 802 As Ammended Mass. Sta a Building Code ❑ Sanitary Code, Art.2 Complaint reported against: Name: W/1L/�''�,,�j' 1 C Tel.� Address: s� G Location of complaint: s5Alwe Map# Lot# Signature of Complanants: — Nature of complaint: f AA 9 his � Diq �N_ r �v I% rep a .d -" 7- Zi 7 / 9 Investigation: Yes ( ) No ( ) Investigated by: P IN T sH P MMW CITY OF NORTHAMPTON ZONING BOARD OF APP EALS y - NORTHAMPTON, MASSACHUSETTS 0 1,060 �� vsn November 1 , 1988 U Fro ? ►� '� Mr. Donald A. Scagel 31 Gilrain Terrace DEK-c"" ttz�tU" rsRv Florence, MA 01060 Re: Complaint against Mr. Richard Booth, 4241-87 Dear Mr. Scagel: I have the material which you sent via Registered Mail To Robert C. Buscher, Chairman, Northampton Zoning Board of Appeals. You ended your note by saying that you would like to appear before the ZBA. There is a fairly simple process in place that will permit you to do this. The Provisions of Section 10 .7 of the Northampton Zoning Ordinance provide that: "If the Building Inspector is requested in writing -zo enforce the Ordinance against any person allegedly in violation of the same and declines to act, he shall notify in writing the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen ( 14 ) days of receipt of such request. " In order for your complaint to be heard by the Zoninq Board of Appeals, you must fill out an application form, (enclosed) , and submit it to the Office of the Building Inspector. Fill out Items 1 , 2, 3 , 4 , 5 , 6 , 9 , 10 , 11 and 12 . Under Item 4 , check the box "Other , " and add that you are appealing the failure of the Building Inspector to act as required by Section 10 .7 . You must go to the Assessor ' s Office to get the names of the legal abutters. They will assist you in doing this. There is no fee for this process. After the properly completed forms are submitted, you will be informed of the dates of your appearances before the Planning Board and Zoning Bcard of Appeals. Very truly yours, Robert J. Pascucci Board Secretary cc: Miss Fallon, Messrs. Brooks , LaBarge and Tewhill Offirr of t4je )nsgtrtor of �uilhings - - -= 212 Main Street•Municipal Building Northampton,Mass. 01060 COMPLAINT SHEET How received: Telephone Complaint No. FBI 0 ..._....,.. n. Personal ( ) Date: FEB ? 1 1989 Letter (X) 4 m M Time: A.M. P.M. DEPT Cf FTt'W'jIG ir4'{,PFfj<<'1tdS Telephone No. ..w.,w/��.e..........».,xn ..tea.......-:v! Complainant's Name:� omq ld Complainant's Address: -1 --;Zq/ � , 4 r— � )z C G DEPT. OF SUILDIhC INz?: ';; Complaint received by: 212 Main Street VIOLATIONS OF: Northampton, Mass. 010 30 Chapter 44 Zoning Ordinances, City of Northampton ❑ Chapter 802 As Ammended Mass. State Building Code ❑ Sanitary Code, Art.2 Complaint reported against: Name: r C h►9 V�.l �OV Tel.. Address: Tnl gyzp; yI �rr �D�//ll9/►�� ,d�y /r/�5S � y Location of complaint: szqIv,2 e Map# . Lot# /� � . ;•� `��..cam. � _ � Signature of Complanants: - Nature of complaint: 1462 111d h�s � Z_ 1y,9,ti Investigation: Yes ( ) No ( ) Investigated by: _ Pp1NIsSHOP Assessor's Map it List of Abutters: Address Sheet No. P c 1, 4. h%rmis D. CA�>P , ��_ i�r l u 7�✓r,�(P ,L�.S 5. d PPS 7. 17i4 A. I4'►vr �� 3 �Tl�rx�%rr -7e-rYAIe �D 8 `TPlv,rs -t �A^T'v 1/�A /V1• �,1, %r�rL/� �s/�Y�//vi'/�' -2 9. o�Id V Aervbe -t s:Eud, A, !Tb1 igs I9 /1!^1n7�✓ lrrr. C 10. r2A,1 L,- 14, -/' r4/y s is lv-,- 13. H -� �� i�l V� �'2� �i PTG 6 r-A,'/c! /n bz!P 3 z ,a. ly?r 15. Dr)A/A A.�e � t'7.7 J do 1� 41�' ✓C. 1� ' /�YY� ''l:'�:.! 16. 17. 18. 19. 20. 22. UU1tA►NG 1t�Sl'�0Ga, 23. 24. 25. 26. 27. 28. 29. 30. (Attach additional sheets, if necessary) dab P INT ©oWat Witte in heseSpaces Application Number: ` I ec'd. 8.1. Cl?e'cked Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s) B�( rat, BY Date Date Am'. Da. 4 rY Date w APPLICATION 1S HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant 4DINA/d _� Al/_&e / , Address 2. Owner of Property J NA�� - Ml��► �P I �1��t° Address r^ L rig i�t✓ r�^r 3. Applicant is: Vowner; El Contract Purchaser; ❑Lessee; CTenant 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. ` OTHER: j-"A-11ye ��/ g✓�/c+�in� �� 'c�.ci'S 10- 5. Location of Property 1p–A,_ I being situated on theWRT-�EA51— side of ,- •� P►�rAC e Street; and shown on the Assessors' Maps, Sheet No. Parcel(s) 6. Zone 7. Description of proposed work and/or use; 8. (a) Sketch plan attached; OYes C,No (b) Site plan: ❑Attched DNot Required 9. Set forth reasons upon which application is based: 10. Abutters (see instructions; list on reverse side of form). 12. 1 hereby certify that information cons ied herein is true to the best o my knowledge. Date , �_ T Applicants Signature Grit]! of Xort4antptan e $ ,�tassachusetin Offite of tine yttoptrtor of puilbillps a } 212 Main:Street•Municipal Building Northampton, Mass. 01060 COMPLAINT SHEET How received: Telephone ( ) Complaint No. Personal O i Date: Letter ( ) 4 DEC f 5 W i Time:/S YS A.M. P.M. Telephone No. Complainant's Name: / �l(/ � � r �;��; �c, Complainant's Address: � �-i G �" ��` r j •� Complaint received by: VIOLATIONS OF: &CKapter 44 Zoning Ordinances, City of Northampton • Chapter 802 As Ammended Mass. State Building Code • Sanitary Code, Art.2 Complaint reported against: , Name: iC/�?�%f`� ',`� G` Tee. Address: ; Location of complaint; `` �b � = Map# Lot# Signature of Complanants: Nature of complaint: ! f. i r,i Investigation: Yes ( } No ( ) Investigated by: DEPARTMENT OF BUILDING INSPECTIONS INSPSC' OR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Edward J. Tewhill -uanuary 4, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: As you are aware by constructing an apartment in your basement area of your single family home, City Tax Map 29 - Lot #59, you are in violation of the Northampton City Ordinances. Gilrain Terrace is located in Zoning District Urban Residence "A" (URA) two (2) family homes per Section 5.2, Table of Use Regulations Page 5-2, Paragraph 1 , is, in violation of the Zoning Ordinances and a Variance is required to be granted by the Zoning Board of Appeals. Cease and Desist the use of the basement apartment and please contact this office at 586-6950 ext. 240, so that we may help you with the application upon receipt of this letter. Sincerely, ? ' e o ; Edward . Tewhill Building Inspector EJT/lb leg 6, r CITY of WRTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM Jim Brooks TO: Bob Pascucci V FROM: SUBJECT: Scagel complaint re: Booth--illegal apartment DATE: July 21 , 1988 FILE: I showed the attached material to Bob Buscher last night, and he suggested that you: 1) Approach the new building inspector and see if you can get some results , or 2) Appeal the Building Inspector' s failure to act. C"vj � 3 s 6`'! .'b �� `.F (� s CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Bruce Palmer, Building Inspector FROM: Bob Pascucci, Zoning Board Secretary SUBJECT: The Scagel Appeal involving 62 Gilrain Terrace DATE: March 25, 1989 �.....r Let Y-K 021 FILE: pE?T.OF gU!lOiNG iNSPEGiIOF3S NORTHANTTOR W9�`�_01�-': a. Bruce-- As to proving that the illegal apartment is occupied, you will note on Donald ScagelIs Complaint Sheet, he says that the tenants of the apartment are "Dan Wynegar and Susan Marcil. " I note a listing in the current telephone directory for "S. Marcil, 62 Gilrain Terrace, 586-7625. " I would think this would be prima facie evidence that someone other than Booth is living in that house. g Grit of Worthamptan W � � �Gtassachusetts � `� a DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building °�M 5�• Northampton, Mass. 01060 Paul J. Duclos July 27, 1988 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: The team of inspectors met at 62 Gilrain Terr. , Florence, Mass. , to inspect and discuss the situation with Mr. & Mrs. Booth and son Richard. Original construction included, finished basement with kitchen facilities. Renovations noted were: 1 . Replace kitchen sink with a new model able to accomodate wheel chair-resident or guest. 2. Misc. wiring connected to new outside entrance. 3. Concrete ramp with retaining walls and handicap accessible sliding glass door. Contractors that did the work will be counseled by the Building Department's staff and will be required to obtain the necessary permits (Electrical , Plumbing, and Building) . No penalties will be imposed on the owners or contractors at this time. t ra1c;:t o mmissio r,,r PJD/1b11 ' �,'av�T�o c `t W � � �Glsssachusetts W Grit of Xort4airptan 0 DEPARTMENT OF BUILDITjG INSPECTIONS INSPECTOR - 212 Main Street ' Municipal Building Charles J. Mazeski Northampton, Mass. 01060 July 28, 1988 Mr. Victor Salvatore 136 Cross Path Rd. Northampton, Mass. 01060 Dear Mr. Salvatore: On December 15, 1987, a complaint was filed at the Building Inspector's Office co*rning work that was done at 62 Gilrain Terr. , Florence, Mass. You are being cited for the following violations of the Mass State Plumbing Code; Chapter 142: 248 CMR (2) 248 CMR (3) 248 CMR (6) You will not be issued any plumbing permits until these violations are corrected. You are advised to be at the Northampton Building Inspector's Office at 9:00 A.M. , August 3, 1988. If you fail to appear, this matter will be turned over to the Board of Mass. State Examiners of Plumbers. Be sure to bring with you your original Journeymans License Cert- ificate and your current license. Sincerely, ) Charl Mazeski , Jr. Plumbing & Gas Inspector City of Northampton CJM/lb s "g gi1v of Nvrt4arliptan t � � Jl�laasachnt:etta O DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Bruce A. Palmer J Fe Mr. Richard Booth 3 M 62 Gilrain Terr. g Northampton, Mass. 01060 _ Dear Mr. Booth: T.._ I have recently been informed of a long standing complaint regarding a basement apartment located at 62 Gilrain Terrace. As the tax records indicate a single family dwelling at the above listed address and no permits have been issued by this department: for kitchen facilities. I have no choice but to issue an order to vacate. Under Section 119.0 of the State Building Code of the Commonwealth of Mass. , no structure shall be occupied until all permits are complied with. Further, local ordinaces require a sprecial permit from the Zoning Board of Appeals for a conversion of a single family dwelling to a two family dwe4li.ng. As the penalty for violation of the Local Zoning Ordinances is fifty $50.00 per day and under the state law the penalty is one thousand $1 ,000.00 per day. It would behoove you to vacate immediately and comply with the proper codes. inc:erely, �J ruc:e A. Palmer Inspector of Buildings BAP/lb A yt GrlrtV of Hart 4ampfou , �i.s�uquxetl� � s DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Paul J. Duclos July 27, 1988 Mr. %Richard Booth ` 62 Gi l ra i n Terra w. i -----� DEPT.OFBUhf �� , t��►a Northampton,..Mass. . 01060 Dear Mr. Booth: The -team of -nspectors met at 62 Gilrain Terr.. Florence,. Mass., to inspect and discuss the situation with Mr. & Mrs. Booth and son Richard. Ori.ginal-constru,:tion.�included, finished basement with kitchen facilities. Renovations�:noted were: 1. Replace kitchen sink with a new model able to .�.accomodate wheel chair -resident or guest. 2. Misc. wiring connected to 'new outside entrance. .3. Concrete ramp with retaining walls and handicap accessible sliding glass door. Contractors that did the work will be counseled by the Building Department's staff and will be required to obtain the necessary permits (Electrical , Plumbing, and Building) . No penalties will be imposed on the owners or contractors at this time. Sin ,ly, aul J. uclo Building( Commissioner PJD/lb P tig (CHIT of Northampton �Rffitt�lifttff � � e s DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01080 Paul J. Duclos cz-p V- July 15, 1981 AR Mr. Richard Booth 62 Gi lrain Terr. Northampton, Mass. 01060 Dear Mr. Booth We have been trying to rectify the violation at the above listed address, constructing an apartment in your basement, as per letter sent to you January 4, 1988. We are now giving you ten (10) more days to contact this office to let us know your procedure to correct the above listed violation. If we do not get a response from you within the ten (10) day period of time we will have no other choice but to turn this matter over to City's Legal Department for further action. Sinc.erp•ly, Paul J /Duclos BuildiZg Commissioner City of Northampton PJD/lb pc: Legal Dept. (rlfU Df NQZ#4a11tpttm ""-'>;_;• ' DEPARTMENT OF HUILDtNG INSPECTIONS INSPEC''OR 213 Main Street • Municipal Building =j' Northampton, Mass. 010aO Edward J. Tewhill DEPT. OF BULL D EG IIVSPE.(;+WIS ---aa lui9ry 4, 1988 h t�!Z?NF r9 NIA. 010,60 Mr. Richard Booth 62 Gilrain Terr. Northampton., Mass. 01060 Dear Mr. Booth: As you are aware by constructing an apartment in your basement area of your single family home, City Tax Map 29 - Lot 059, you are in violation of the Northampton City Ordinances. Gilrain Terrace is located in Zoning District Urban Residence "A" (URA) two (2) family homes per Section 5.2, Table of Use Regulations Page 5-2. Paragraph 1, Is in violation of the Zoning Ordinances and a Variance is required to be granted by the Zoning Board of Appeals. Cease and Desist the use of the basement apartment and please contact this office at 586-6950 ext. 240, so that we may help you with the application upon receipt of this letter. Sincerely, Edward J. Tewhill Building Inspector EJT/lb _40 Or T MAR ;' 3 lIrSPE6i10M A, t7Ar Ve 14,-1 14 IOA - r S'c°i✓c��/�� 'U r� /D�r o�' �i�rA ins 7j^r. y ;f MAR 23 h 1989 4 I tee , e, 'i � - DI"T. OF BUILDING INSPECTIONS NMTH6 ,,Pro iq, mA.moy.10 ee -7)y r 3 ��gry 1; fit brooks wants ��G� Duclos removed By MARTIN LAINE Duclos claimed no ordinances Gazette Staff were violated. Northampton Building Inspector Duclos was then advised by As- Paul J. Duclos is already in hot sistant City Solicitor Kathleen G. water,barely a month into the job. Fallon to alert the homeowner that a variance was required. __Ward_6 City Councilor James G. But Duclos said this week that the I Brooks says he does not like the construction does not constitute a way Duclos is doing his job, and second apartment, so a variance is wants him removed. Brooks said he not required. — ( will seek City Council action, possi- Duclos explained that the work bly tomorrow, asking Mayor David that was done includes installing a B.Musante Jr.to dismiss Duclos. sliding glass door instead of a cellar Brooks said today he will not act bulkhead, replacing an old sink with until he can consult with the city ohe that is accessible to handi- solicitor, Patrick Gleason, or his Wiped people, and taking out steps assistant, Kathleen G. Fallon. Both and putting in a ramp suitable for a .. - are on vacation,Brooks said. wtieelchair. Brooks said he believes there is a ` procedure,.that would;allow for a The kitchen area in the finished hearing on the building inspector's basement has always been part of performance, but he wants to clari- the house, originally used to give fy that with the city's lawyers. the family a cool place to go during Musante today reaffirmed his con- of`weather, Duclos said.-He said fidence: in" Duclos; saying he is family has made the mo andi- "highly qualified" and that he:a ons to accommodate a handi- pped family member. should be given a chance to do his, t It > job. f s still a single-family house,' uaaos said:. And Duclos said he is not con Brooks' other complaint involves cerned. about, Brooks' complaints the sign"at the`campaign headquar- and-that the councilor•hasra right to _ rs for Marianne Donohue at 56 his opinions. Main St. Donohue is a Democratic Duclos was appointed by the may- ndidate for, Hampshire County or last month;.;replacing, former '-`; gister of deeds: Building Inspector William J. Nimo- ' hay,who'resigned. ; : Duclos`°received 'a memo from Brooks said he is dissatisfied with Fallon saying she believes the sign Duclos' enforcement of the"*goning on the building is in violation of the ordinances, and cited two instances city ordinances because'it is not in which he disputes Duclos' action. "placed directly on the headquar- The first involves work that was tern area." done at a home on Gilrain Terrace. `� The sign is on the side of the The area is zoned for single-family building, 'a floor above the actual houses only. headquarters. Duclos said the ordi- A neighbor complained that work nances pertaining to political signs done at the house created an illegal do not specify how close they must second apartment. In January, As- be to the actual offices. sistant Building Inspector Edward Duclos said that as far as he is Tewhill issued a cease and desist concerned, a sign on the same order, citing the violation of the building should satisfy the require- zoning ordinances. ments of the ordinance. City of Northampton, Massachusetts Office of Planning and Development City Hall . 210 Main Street Northampton, MA 01060 •(413) 586.6950 • Community and Economic Development `f • Conservation• Historic Preservation • Planning Board* Zoning Board of Appeals fir, usn MAR 23 1 PEII aF$uR.DING INSPECT j NORTHAMPTON. A.pE EIFiO NS February 22 , 1989 Donald and Michael Scagel 31 Gilrain Terrace Florence, MA 01060 Your Appeal of the failure of the Building Inspector to act on your complaint as required by Section 10.7 , which has been submitted to the Zoning Board of Appeals, will be reviewed for recommendation by the NORTHAMPTON PLANNING BOARD when it meets March 23, 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 P. f� City of Northampton Office of the Legal Department . MEMORANDUM - -n- t{ nn TO: Paul Duclos, Building Inspector p ; 12 Be i 0Ep1.OF BUILDING INSPECTIONS FROM: Kathleen Fallon, Asst. City Solicitor w NORTHAMPTON,MA,01060 SUBJECT:Zllegal Apartment at 62 Gilrain Terrace DATE: August 11, 1988 FILE: Councilor Brooks has brought it: to my attention that you have issued a building permit for renovations at the above address. Mr. Tewhill issued a cease and desist order to Mr. Booth as to that basement area in January. The building is in a URA district and, therefore, two family dwellings are not allowed. Mr. Booth would have to obtain a variance from the ZBA before constructing a second apartment in that dwelling. I suggest that you take action on this matter as quickly as possible. This is exactly the kind of situation we wanted to avoid through our review of the building permit applications. CC: James Brooks Larry Smith I r t O T 4 C r cnp ru Receiving your response within the time period identified in the city regulations will help us all conclude this matter so we can get on to other, more positive activites. If you have any questions or concerns in this matter, feel free to call me. Thank you for you cooperation. Sincerely, Donald A. Scagel CC: R. Buscher, ZBA K. Fallon H. Miles, Esq. +�F Bruce A. Palmer AU Building Inspector ` City of Northampton � j A Municipal Building 80.OF 212 Main St. Northampton Ma. 01060 ugust 17, 1989 Dear Bruce, I am writing to obtain a report on the current status of your actions in the case of Scagel vs. Booth re the property located at 62 Gilrain Terrace, Florence. As you recall, the most recent findings are as follows: The Zoning Board of Appeals of the City of Northampton voted unanimously to uphold the appeal of Donald and Michael Scagel of the failure of the Building Inspector to act as required by section 10.7 of the Northampton Zoning Ordinance. The Board voted unanimously to request the Building Inspector to order the kitchen Equipment removed from the basement of 62 Gilrain Terrace, the property owned by Mr. Booth. I would appreciate a response from your office describing what action has been taken in the three and one-half months that have passed since these decisions were made. Specifically: a) Has the kitchen equipment been removed. b) If so when was the inspection held to verify that the work was completed and meets building code standards. C) If not, when is the inspection scheduled to be held. Please include copies of all pertinent documentation produced by your office in this matter. 1,now Receiving your response within the time period identified in the city regulations will help us all conclude this matter so we can get on to other, more positive activites. If you have any questions or concerns in this matter, feel free to call me. Thank you for you cooperation. Sincerely, Donald A. Scagel CC: R. Buscher, ZBA K. Fallon H. Miles, Esq. Bruce A. Palmer Building Inspector city of Northampton Municipal Building 212 Main St. Northampton Ma. 01060 August 17, 1989 Dear Bruce, I am writing to obtain a report on the current status of your actions in the case of Scagel vs. Booth re the property located at 62 Gilrain Terrace, Florence. As you recall, the most recent findings are as follows: The Zoning Board of Appeals of the city of Northampton voted unanimously to uphold the appeal of Donald and Michael Scagel of the failure of the Building Inspector to act as required by section 10.7 of the Northampton Zoning ordinance. The Board voted unanimously to request the Building Inspector to order the kitchen Equipment removed from the basement of 62 Gilrain Terrace, the property owned by Mr. Booth. I would appreciate a response from your office describing what action has been taken in the three and one-half months that have passed since these decisions were made. Specifically: a) Has the kitchen equipment been removed. b) If so when was the inspection held to verify that the work was completed and meets building code standards. C) If not, when is the inspection scheduled to be held. Please include copies of all pertinent documentation produced by your office in this matter. _ p . 2 � , s� \ \ . ��.� . . }»� ��»�«m? � . . , »,. � �� A;. \�� ; Robert C. Buscher Chairman, Zoning Board of Appeals Planning Department 210 Main St. Northampton Ma. 01060 ONORR'MAUILOIAIQi nb r 25, 1989 Mr. Buscher, I write regarding the ZBA decision in the case of Scagel vs. Booth reached May 03 , 1989. At that time the board voted unanimously to uphold my appeal regarding "the failure of the Building inspector to act as required by section 10.7 of the Northampton Zoning Ordinance." On August 17, 1989 I wrote the Building Inspector requesting an update on what actions had been taken (copy attached) . I have had no response in the five weeks since my letter. Clearly, the Building Inspector has again failed to act as required within the three week response period mandated by city ordinance. Almost five months have passed since the ZBA's May 03 decision and I have no evidence that the ZBA's findings have been acted upon in any way. I would appreciate the courtesy of a reply to provide me with an update of actions taken as specified in my letter of August 17 . Since e�.y cagel Gilrain Terrace Florence Ma. 01060 CC: B. Palmer K. Fallon oil Northampton Zoning Board of Appeals < April 5 , 1989 Meeting APB t 1989 ` Page Three g D Pj. C OLDING INgPECi10NS affirmatively. He asked, "Was there an RIMCWtXOtm there?" Mr. Booth responded, "No, there was a bar, rec room, an a-laundry room with a stove and refrigerator. I changed the sink. " Mr. Weil asked Mr. Booth if he ever had a tenant, and Mr. Booth replied, "Yes, but not until Scagel' s dog killed my cat and he threatened me. I don' t charge rent--they help me with the utilities. They should be charging me for what they do for me. " Dr. Laband asked for a chronology of who has lived there, and Mr. Booth replied, "I have always had a roommate. I didn' t get additional roommates until my life was threatened. In 1987 , Donald and Susie moved in. In 1988 , they moved out and my nephew, Robert Thomas, moved in with his fiancee, Linda Hashes. " Bruce Johnson added, "I reside with Mr. Booth and have since early 1986 . I am there to help him. Since he was threatened, Mr. Booth has had others move in. " Mr. Weil asked if more than four people: ever occupied the house at one time, and Mr. Booth responded, "No. " Mr. Weil said he thought an inspection was needed by the Building Inspector, and felt the Board should take this under advisement. Michael Scagel stated, " The 62 Gilrain Terrace basement had a laundry room, a big tub sink, a rec room and a half bathroom, with just a sink and toilet. You ought to contact the workers and find out what was there. " Mr. Weil opined, "Anyone can have a finished basement. If it' s used to house other people for a price, it' s a two-family house. They share expenses but he doesn' t charge rent. Mr. Palmer should inspect and see if it' s a one or two-family house. Ch. Buscher agreed that "we need more information. We have two disparate stories. You would expect Mr. Booth to have some people in attendance to help him. When is the fine line crossed?" Coun. Brooks asked, "Who decides if sharing expenses is the same as paying rent?" "We will," Mr. Buscher replied. Dr. Laband moved that the Public Hearing be closed, and asked Mr. Palmer to look at the physical evidence and to consult with Kathleen Fallon, and check out the permits. Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals April 5, 1989 Meeting ` AK Ui98u Page Two DEPT.OF BUILDING INSPECTIONS a letter, but not a Cease and Desist Oi. N0RTHAMPTON MA.01060 The Chair asked for supporters of Mr. Booth, and Mr. Stephen Leary, of 10 Haywood Drive, Florence, introduced himself as Mr. Booth' s attorney. He described Mr. Booth as "a C-6 functional paraplegic as the result of a motorcycle accident in July of 1980. " He said that when Mr. Booth bought the house from Mr. and Mrs. Paul Walker in September of 1985, the basement "was almost as it is today. " He went on to say that Mr. Booth wanted access to the basement without having to install an elevator, so he had a contractor put in sliders. When the house was purchased, "a bathroom and kitchen were there. There are other people who live there, and share expenses and assist him. His nephew and fiancee, and a friend, Bruce Johnson, live there now as a unit. They share meals, utility bills, etc. These people are there to aid and assist him. There' s a personality conflict here, and we want a solution. We haven' t altered the use of the property. We do not overburden the property with the current usage. There are not more than four unrelated people in this house. Our use of the property is not in violation of the Ordinance. We want a solution from you. What is in that basement is what was there in September of 1985. Mr. Palmer has not been inside the home. Mr. Booth has neighbors here to support him. " Mr. Weil asked if there was more than one kitchen in the house, and Mr. Leary responded, "Yes. " Mr. Weil then stated, "It' s illegally listed as a one-family house with the Assessors. Mr. Leary reiterated that the kitchen was in the house when Booth bought it. He added that, "Today, no one lives in the basement. Everyone uses the three bedrooms upstairs. " Mr. Sc:agel commented that people were living in the basement six weeks ago, and added, "When Powers built the house it had no kitchen in the basement. " Mr. Booth stated that when he "heard from Tewhill, I checked with contractors to see if I need permits. They put in a kitchen sink downstairs, and Tewhill said that made it a kitchen. I eventually talked to Tewhill, and he said, ' Everything has calmed down--let things go. ' Then Mr. Duclos came down and gave me permits. Now we have a new Building Inspector. Mr. Scagel did come down when I started fixing up and said, ' It' s a great idea. ' I needed the sliders because I had a bulkhead. I have three bedrooms upstairs, and we ' re all bunking out until this is cleaned up. There' s a stove and refrigerator downstairs. " Mr. Weil commented, "Two stoves and two refrigerators equal a two-family house. " Mr. Booth' s mother stated, "When he bought it, there was a stove, refrigerator, washer and drier, double sink and a fireplace. All he did was change the sink and add sliders. " Ch. Buscher asked, "Was this a separate room?" She responded by Northampton Zoning Board of Appeals p ' O April 5 , 1989 Meeting Page One DEPT,OF BUILDING INSPECTION' NRR1Nd40Y►9Mdr1�.�?M>&CN The Northampton Zoning Board of Appea 'v. Apr i 1 5, .... 1989 at 7 : 06 p. m. to conduct a Public Hearing on the Appeal of Donald and Michael Scagel of the Building Inspector' s failure to act on their complaint that an illegal apartment had been created by Richard Booth, owner of the dwelling at 62 Gilrain Terrace, Florence. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice as published twice in the Daily Hampshire Gazette, a memorandum from the Planning Board, and a memorandum from the Assistant City Solicitor. Mr. Donald Scagel said that the illegal apartment was created two years ago, and for 20 months he has been "stonewalled" by various Building Inspectors. He added, "His tenants have threatened and harassed me. I am the third house from 62 Gilrain. There' s a few people in the neighborhood who don' t lake it, but Mr. Booth is in a wheelchair, so I 'm carrying the ball. " Dr. Laband suggested a review of the chronology. Mr. Tewhill gave a Cease and Desist--did anything happen?" Mr. Scagel replied, "No. " Dr. Laband added, "In January, 1988 the Building Inspector said 'No' to the apartment. Mr. Duclos, on July 15 , 1988 sent a letter, but on July 27th, he 'backed away from his prior position. "' Mr. Scagel commented that none of the contractors who did work at the Booth residence were licensed, and there were no permits. In February, 1989 , the current Building Inspector, Bruce Palmer, said there should be no occupancy of the apartment until permits are received. Dr. Laband asked about the Show Cause hearing before Janet Dugan, and was told by Mr. Scagel that it involved an incident where former Booth tenant Wynegar "pushed him around and wanted to start a fight. The Police told me to file Assault and Battery charges if I wanted. " He went on, "When Booth moved in, my brother and I were friendly with him, but we told him you can' t have a two-family house in a one-family zone. " Mr. Weil asked Mr. Scagel particulars for particulars about the living arrangements, and he replied, "Bruce Johnson lives in the back bedroom upstairs, and Wynegar and Susan Marcil lived in the basement. Wynegar and Marcil moved out, and a man and a woman moved in on a Sunday night. I have pictures of the moving van. " Mr. Weil went on, "The first Building Inspector didn' t follow up, the second was wishy-washy, and the third, Mr. Palmer, is more aggressive and took a stand. Are you satisfied with his action?" There was no response. Mr. Palmer stated that he has "driven by- -not gone inside the apartment. I 've talked with his attorney. There' s an accessory or efficiency apartment there. " Mr. Weil asked, "Is this a two-family situation:" Mr. Palmer replied, "Yes. If they don' t vacate, we' ll try for a court order. I 've sent them ,it.1.�n.,.,, .f T � �1 •�� t ' I a�x � .. e "' eta{��y��!'.!;a �� CITY of NORTHAMPTON of PLANNING and DEVELOPMENT MEMO �DUM e APR 10 TO: Kathleen Fallon U K".OF aU ncrioNs NO FROM: Bob Pascucci — Mk mono SUBJECT: Scagel Appeal of Building Inspector' s Failure to Act DATE: April 8, 1989 FILE: Here is a draft copy of the minutes of the April 5th Public Hearing on the captioned subject. The point was made, but 'not really emphasized, that this is a group of four unrelated people living in a three-bedroom, one- family house. It was stated that this is a permissible situation. If it is, it would seem to me there isn' t much left to say. Another point made, which I felt was significant, is that the bathroom in the "basement apartment" is a half-bath, i.e. , toilet and sink. I would think that contemporary standards, and in fact maybe even the building code, would require a bathing facility, either a tub or shower, to be present in an apartment. 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H19 d001dMIL woo-IS H19 H001 j HIS 80014 H111 aoold aaC U001d QNZ a001d 1st f 1N3W3SV9 '1W s9—sns p C_ o y m r -i > O > z a > r r > O > > N N s > > -I > S o p m y O p z ..{ to C O -i < m 7r 71 m Y > -i O 'p 7t z z C -Zi -Di S m r z m > m y > m c p m s z N > O Z y < m N W 9 Z A D D.� (A > y 0 y y N m m -1 N rp 1` m > N z v, c O >c N i N r A m z O y 1rn N H N -{ A Z Z N z ` saun .XId a k :pa13!wgnS sueld ® luawooeldaa ❑ uoli9AOUaa ❑ MQN I A� Aouednoo0 jo ads.L awgN S,19UMO >/�'�� uo!leool Bulplln8 ( # i!wJadgl !�- 0190 sseyj O1dWdH1dON x (edA1 io lu!id) JNlSvynld 00 01 11W»3d d0d N0IIV0IIddd WNOdINn S113snHOYSSdW MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Print or Type) NORTHAM PTO ,, Mass. Date s,_ "�=��' 19 fel Permit #92 0 2 ra s Building Location 7-z ,,z— `Owner's Name iP IC<' i4A _Type of Occupancy h>4- New ❑ Renovation ❑ Replacement K Plans Submitted: Ye a . JRES O Z I 2 to r - f� Y d � U. pO d W U. Y W O H = z_z W F O U T. J J d ¢ ¢ ¢ Q O d F r Vl LL C7 7 d t W O Date ..I... .......�• ...... p (�� H.................... Plumber . ..`•• ................. Owner ..�: .»...... ................... — Address Check one: Certificate ............... ❑ Corporation ❑ Partnership a'Firm/Co. which meets the requirements of MGL Ch. 142. :ing the appropriate box. Bond ❑ not have the Insurance coverage required by _.. .,,,a permit application waives this requirement. Check one: Owner ❑ Agent ❑ l Signature of Owner or Owner's Agent - I hereby certify that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Plumbing Code and Chapter 142 o`the General Laws. Signature of Licensed umber Title Type of License: Master Journeyman ❑ City/Town 3 APPROVED OFFTI Ly) � License Number pop AM/PM PLUMBING & HEATING U l ' w' Master Plumbers Lic. #9523 294 Riverside Drive N2 3945 NORTHAMPTON, MASSACHUSETTS 01060 PHONE DATE OF ORDER (413) 586-8977 ORDER TAKEN BY CUSTOMER'S ORDER NUMBER TO �� o�� ❑DAY WORK ❑CONTRACT ❑EXTRA JOB NAME/NUMBER �a ��r �h Ten--, JOB LOCATION �l o, nc2 AM 0/06 0 JOB PHONE. STARTING DATE TERMS: A finance charge of 1%% per month (18% per year) will be JUN 11 1990 charged on past due accounts over 30 days. QTY. IVIATERIbL PRICE :AMOUN' :, DESCRTI ON QP WORK IP > 0 Z n S SAE' t 0 5- YD If ]{y OTHER .- i va /Z d JJ U1 A TOTAL D OTHER O p m 8"1", r NO. Vh X199 RECEIVED FROM DOLLARS p r Account Totat IS Amount Paid S<91 f)- Balance Due $ -THE EFACV Y*LJNE' PAD apopUCT y O�• �oy CITY OF NORTHAMPTON $,. ZONING BOARD OF APPEALS Y t` � NORTHAMPTON, MASSACHUSETTS 01060 usn DATE: MAY _ ; RE: THE APPEAL OF DONALD AND MICHAEL SCAGEL OF THE BUILDING INSPECTOR' S FAILURE TO ACT ON THEIR COMPLAINT THAT AN ILLEGAL APARTMENT HAD BEEN CREATED BY RICHARD BOOTH AT 62 GILRAIN TERRACE. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15 , notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk On: s For Property Located at: 62 Gilrain Terrace, Florence, MA A copy of the Decision is attached. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the office of the Northampton City Clerk. i Robert C. Buscher, Chairman NMI { Northampton Zoning Board of Appeals April 5 , 1989 Meeting Page Three affirmatively. He asked, "Was there any bedroom down there?" Mr. Booth responded, "No, there was a bar, rec room, and a laundry room with a stove and refrigerator. I changed the sink. " Mr. Weil asked Mr. Booth if he ever had a tenant, and Mr. Booth replied, "Yes, but not until Scagel' s dog killed my cat and he threatened me. I don' t charge rent--they help me with the utilities. They should be charging me for what they do for me. " Dr. Laband asked for a chronology of who has lived there, and Mr. Booth replied, "I have always had a roommate. I didn' t get additional roommates until my life was threatened. In 1987 , Donald and Susie moved in. In 1988 , they moved out and my nephew, Robert Thomas, moved in with his fiancee, Linda Hashes. " Bruce Johnson added, "I reside with Mr. Booth and have since early 1986 . I am there to help him. Since he was threatened, Mr. Booth has had others move in. " Mr. Weil asked if more than four people ever occupied the house at one time, and Mr. Booth responded, "No. " Mr. Weil said he thought an inspection was needed by the Building Inspector, and felt the Board should take this under advisement. Michael Scagel stated, " The 62 Gilrain Terrace basement had a laundry room, a big tub sink, a rec room and a half bathroom, with just a sink and toilet. You ought to contact the workers and find out what was there. " Mr. Weil opined, "Anyone can have a finished basement. If it' s used to house other people for a price, it' s a two-family house. They share expenses but he doesn' t charge rent. Mr. Palmer should inspect and see if it' s a one or two-family house. Ch. Buscher agreed that "we need more information. We have two disparate stories. You would expect Mr. Booth to have some people in attendance to help him. When is the fine line crossed?" Coun. Brooks asked, "Who decides if sharing expenses is the same as paying rent?" "We will, " Mr. Buscher replied. Dr. Laband moved that the Public Hearing be closed, and asked Mr. Palmer to look at the physical evidence and to consult with Kathleen Fallon, and check out the permits . Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. t T Robert C. Buscher, Chairman Northampton Zoning Board of Appeals April 5 , 1989 Meeting Page Two a letter, but not a Cease and Desist Order. " The Chair asked for supporters of Mr. Booth, and Mr. Stephen Leary, of 10 Haywood Drive, Florence, introduced himself as Mr. Booth' s attorney. He described Mr. Booth as "a C-6 functional paraplegic as the result of a motorcycle accident in July of 1980. " He said that when Mr. Booth bought the house from Mr. and Mrs. Paul Walker in September of 1985 , the basement "was almost as it is today. " He went on to say that Mr. Booth wanted access to the basement without having to install an elevator, so he had a contractor put in sliders. When the house was purchased, "a bathroom and kitchen were there. There are other people who live there, and share expenses and assist him. His nephew and fiancee, and a friend, Bruce Johnson, live there now as a unit. They share meals, utility bills, etc. These people are there to aid and assist him. There' s a personality conflict here, and we want a solution. We haven' t altered the use of the property. We do not overburden the property with the current usage. There are not more than four unrelated people in this house. Our use of the property is not in violation of the Ordinance. We want a solution from you. What is in that basement is what was there in September of 1985 . Mr. Palmer has not been inside the home. Mr. Booth has neighbors here to support him. " Mr. Weil asked if there was more than one kitchen in the house, and Mr. Leary responded, "Yes. " Mr. Weil then stated, "It' s illegally listed as a one-family house with the Assessors. Mr. Leary reiterated that the kitchen was in the house when Booth bought it. He added that, "Today, no one lives in the basement. Everyone uses the three bedrooms upstairs. " Mr. Scagel commented that people were living in the basement six weeks ago, and added, "When Powers built the house it had no kitchen in the basement. " Mr. Booth stated that when he "heard from Tewhill, I checked with contractors to see if I need permits . They put in a kitchen sink downstairs, and Tewhill said that made it a kitchen. I eventually talked to Tewhill, and he said, 'Everything has calmed down--let things go. ' Then Mr. Duclos came down and gave me permits. Now we have a new Building Inspector. Mr. Scagel did come down when I started fixing up and said, ' It' s a great idea. ' I needed the sliders because I had a bulkhead. I have three bedrooms upstairs, and we' re all bunking out until this is cleaned up. There ' s a stove and refrigerator downstairs. " Mr. Weil commented, "Two stoves and two refrigerators equal a two-family house. " Mr. Booth' s mother stated, "When he bought it, there was a stove, refrigerator, washer and drier, double sink and a fireplace. All he did was change the sink and add sliders. " Ch. Buscher asked, "Was this a separate room?" She responded Northampton Zoning Board of Appeals April 5 , 1989 Meeting Page One The Northampton Zoning Board of Appeals met on Wednesday, April 5 , 1989 at 7 : 06 p. m. to conduct a Public Hearing on the Appeal of Donald and Michael Scagel of the Building Inspector' s failure to act on their complaint that an illegal apartment had been created by Richard Booth, owner of the dwelling at 62 Gilrain Terrace, Florence. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice as published twice in the Daily Hampshire Gazette, a memorandum from the Planning Board, and a memorandum from the Assistant City Solicitor. Mr. Donald Scagel said that the illegal apartment was created two years ago, and for 20 months he has been "stonewalled" by various Building Inspectors . He added, "His tenants have threatened and harassed me. I am the third house from 62 Gilrain. There' s a few people in the neighborhood who don' t like it, but Mr. Booth is in a wheelchair, so I 'm carrying the ball. " Dr. Laband suggested a review of the chronology. "Mr. Tewhill gave a Cease and Desist--did anything happen?" Mr. Scagel replied, "No. " Dr. Laband added, "In January, 1988 the Building Inspector said 'No' to the apartment. Mr. Duclos, on July 15 , 1988 sent a letter, but on July 27th, he ' backed away from his prior position. " Mr. Scagel commented that none of the contractors who did work at the Booth residence were licensed, and there were no permits. In February, 1989 , the current Building Inspector, Bruce Palmer, said there should be no occupancy of the apartment until permits are received. Dr. Laband asked about the Show Cause hearing before Janet Dugan, and was told by Mr. Scagel that it involved an incident where former Booth tenant Wynegar "pushed him around and wanted to start a fight. The Police told me to file Assault and Battery charges if I wanted. " He went on, "When Booth moved in, my brother and I were friendly with him, but we told him you can' t have a two-family house in a one-family zone. " Mr. Weil asked Mr. Scagel particulars for particulars about the living arrangements , and he replied, "Bruce Johnson lives in the back bedroom upstairs, and Wynegar and Susan Marcil lived in the basement. Wynegar and Marcil moved out, and a man and a woman moved in on a Sunday night. I have pictures of the moving van. " Mr. Weil went on, "The first Building Inspector didn' t follow up, the second was wishy-washy, and the third, Mr. Palmer, is more aggressive and took a stand. Are you satisfied with his action?" There was no response. Mr. Palmer stated that he has "driven by- -not gone inside the apartment. I 've talked with his attorney. There' s an accessory or efficiency apartment there. " Mr. Weil asked, "Is this a two-family situation?" Mr. Palmer replied, "Yes. If they don' t vacate, we' ll try for a court order. I 've sent them 4 Northampton Zoning Board of Appeals May 3 , 1989 Meeting The Northampton Zoning Board of Appeals met at 7 :00 P. m. on Wednesday, May 3 , 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, to announce a decision on the Appeal of Donald and Michael Scagel of the Building Inspector ' s failure to act on their complaint that an illegal apartment had been created by Richard Booth, owner of the dwelling at 62 Gilrain Terrace. Present and voting were Ch. Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The Public Hearing was held and closed on April 5 , 1989 . Mr. Weil moved that those minutes be accepted without reading. Dr. Laband seconded, and the motion passed unanimously. Dr. Laband stated, "The Building Inspector has inspected the premises and has sent us a report. He suggests that the kitchen equipment in the basement be cleared out. The Zoning Ordinance does allow four unrelated people to live together. My feeling is he should remove the kitchen facilities , and then it is definitely a one-family. I feel the Building Inspector' s recommendation is the right solution. We should so instruct him to order the kitchen equipment removed. " Mr. Weil referred to a February 21 letter from the Building Inspector to Booth to ordering him to vacate. Dr. Laband commented, "When he said 'vacate, ' that means people. I feel the facilities should be removed. Ch. Buscher commented, "The Scagels are appealing the Building Inspector ' s failure to act. Well, he has acted, if not timely; he has ordered remedial action. Mr. Scagel' s appeal is moot. Mr. Weil read the April 14 , 1989 letter from the Building Inspector to the Board. Dr. Laband opined that Scagel' s appeal is technically upheld, since the Building Inspector had not acted at the time the Appeal was filed. He moved that the Board endorse the recommendations contained in the April 14 letter, and notify Mr. Palmer to proceed as he outlined in his letter. Mr. Weil seconded. The motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman NORTHAMPTON ZONING BOARD OF APPEALS APPEAL OF DONALD AND MICHAEL SCAGEL PAGE TWO provisions for living, sleeping, eating, cooking and sanitation. " The Building Inspector feels that removal of the kitchen facilities from the basement will bring the dwelling at 62 Gilrain Terrace into unmistakable compliance with the letter and spirit of the Ordinance. The Zoning Board of Appeals voted unanimously that they are in agreement with the Building Inspector on this point. The Board voted unanimously to instruct the Board Secretary to request the Building Inspector to order the kitchen equipment removed from the basement. The other uses of the basement area may continue. 1 Robert C. Buscher, Chairman f/ / Dr. Peter Laband M. Sanford Weil, Jr. f � f J DECISION OF NORTHAMPTON ZONING BOARD OF APPEALS At a meeting held on May 3, 1989, the Zoning Board of Appeals of the City of Northampton voted unanimously to UPHOLD the appeal of Donald and Michael Scagel, of 31 Gilrain Terrace, of the failure of the Building Inspector to act as required by Section 10 . 7 of the Northampton Zoning Ordinance. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The Findings are as follows: The Appellants originally filed a written complaint with the Northampton Building Inspector on December 15, 1987, that an illegal apartment had been constructed by Richard Booth in a dwelling he owns at 62 Gilrain Terrace, Northampton. As of February 21, 1989, Appellants allege that none of the several Building Inspectors holding that position during the period from the filing of the first complaint to the date of filing this Appeal, dealt satisfactorily with their complaint. This Board, in upholding their Appeal, finds that the several Building Inspectors did not satisfactorily respond to the complaint within the Statutory period. As to the substance of the complaint that an illegal apartment has been created at 62 Gilrain Terrace, the Board finds as follows : Richard Booth is a functional paraplegic as the result of a motorcycle accident in 1980. There are three unrelated people living at 62 Gilrain Terrace with Mr. Booth, all of whom in some measure contribute to his care. There was evidence that there have never been more than four unrelated people living in this house. The Northampton Zoning Ordinance allows four or fewer unrelated people to live together as a "family. " The basement area which is the alleged "second apartment" has, according to the Building Inspector who visited the premises, four rooms, currently used as a kitchen, bathroom, bedroom and exercise room. The bathroom is in fact a "half- bathroom," i. e. , it has only a sink and a toilet. The Board finds that contemporary standards would require a tub or shower for the bathroom to satisfy the "sanitation" portion of the Zoning Ordinance which describes a dwelling unit as "three or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent A # w 1 s ,. � 'k - � . � . ,,,� dq- lot CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Bruce Palmer, Building Inspector FRO M: R. J . Pascucc i Zoning Board Secretary SUBJECT: The Scagel Appeal rftn.MLq DATE: clay 9 , 1989 �NSPECTfONS FILE: No MPTON. MA.01060 Attached is your copy of the Scagel Decision, minutes , etc . Note the last paragraph of the decision . You are asked to order the removal of the kitchen equipment from the basement . All else can remain as it is . i�NCiNlif CAL-L ,1 �TtMt=� ' .M FOR 41- OATE M PHONED REtLJRNED OF , 731d yDuRcALL pHONE NUMBER EXTENSION ps i--P CALL CAtATO AREA CODE SEE YOU Oct j SEE YOU Tom ' s TOPS FORM 4003 SIGNED FOR 1401ye CAL M DATE L7' TIME OF ONE ' f /}y ` PHONEE) ,AREA C N ODE I�ETURNED vi.. AG I UMBER EXTE YOUR CALL NSION �.�-� ��✓ LEAS£CALL WILL CALL A13AIN GAME TLS SIGNS© SEE YOU W E£ - U TOPS FORM 4003 5 I ------------------ 4SNAMP�O 0 � � ,�Glsssacl�iisrtts - DEPARTMENT OF BUILDIJ\TG INSPECTIONS < Q INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 Bruce A. Palmer CL7 Feb. 21 , 1989 Mr. Richard Booth 62 Gilrain Terr. Northampton, Mass. 01060 Dear Mr. Booth: I have recently been informed of a long standing complaint regarding a basement apartment located at 62 Gilrain Terrace. As the tax records indicate a single family dwelling at the above listed address and no permits have been issued by this department for kitchen facilities. I have no choice but to issue an order to vacate. Under Section 119.0 of the State Building Code of the Commonwealth of Mass. , no structure shall be occupied until all permits are complied with. Further, local ordinaces require a sprecial permit from the Zoning Board of Appeals for a conversion of a single family dwelling to a two family dwelling. As the penalty for violation of the Local Zoning Ordinances is fifty $50.00 per day and under the state law the penalty is one thousand $1 ,000.00 per day. It would behoove you to vacate immediately and comply with the proper codes. incerely, J - ruce A. Palmer Inspector of Buildings BAP/lb Wand 4, ------ -.1 u-.11-u, a'10 opmpleTe Items Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent thi card from being returned to you. The return receipt fee will provide you the name of the persoi delivered to and the date of delivery. For additional fees the following services are available. Consul postmaster for fees and check box(es)for additional service(s) requested. 1, ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery t(Extra charge)t t(Extra charge)t 3. Article Addressed to: 4. Article u(nber Type of Service: dI- ✓- / Registered ❑ Insured Certified ❑ COD Express Mail C? Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature—Addressee 8. Addressee's Address(ONLY if X-e requested an `fe paid 6. Signature'—t Agent X 7. Date of Delivery ` 2., -Z Z— PS Form 3811, Mar.198i\� *U.S.G.P,O.1987-178-268 DOMESTIC RETURN RECEFI U. 0 rt7 W a 1 n r r. 1 !1 Ir7 ° m CC z z Qi C� W Ii 3 D I N LL �F- ` � \ a � U1 N � �,•ASS (L o a Z o > ti W Z L ILA O J m V o ro Q c s W _N U O J CL �u,-__ d o c 0 in �3 � I- ;n a a v ro p U) (n lL d 9861 au E wJOJ Sd • April 14, 1989 Page 2 Zoning Board of Appez Booth - Gilrain Terr. There is also the question of violations of the Building Code, when violations occured and who is responsible for any violations. There are permits and inspection records in the Building Dept. for rooms, a ramp and electrical work, but nothing for plumbing or any kitchen facilities. Although it seems unfair, it is the current owner who is responsible for any violations no matter when they occurred. I realize the financial constraints of Mr. Booth and will allow sufficient time to correct the violations as time and money permits. With this in mind I have ordered the following of Mr. Booth: 1 . t..sha11 remain vacated until the matter is resolved. 2 If the kitchen facilities are to be removed, proper permits shall be 'obtained before any work begins. 3. No cooking facilities shall ever be installed in the basement until proper permits and zoning compliance is received. 4. If a Special Permit is requested and received for an accessory apart- ment a licensed contractor shall be employed and all work will be made in compliance with proper codes and permits. 5. The Building Department shall receive within seven (7) working days a letter from Mr.,,,„ ot*s-tat1ng his intentions and his,time schedule for ei�er ; lgwith the order and the means of compliance or that he intends to appeal this decision. Respectfully submitted, Bruce A. Palmer Inspector of Buildings s' 9 Gl it� of Wort4ainpton z I �R55RC�j1t4 ttt4 � c DEPARTMENT OF BUILDING INSPECTIONS r INSPECTOR 212 Main Street ' Municipal Building °�,, Sv•yr Bruce A. Palmer Northampton, Mass. 01060 April 14, 1989 Zoning Board of Appeals c/o Planning Department 210 Main St. Northampton, Mass. 01060 Re: ., I,, .c ard, Booth 62 Gilrain Terr., Is Dwelling 1 or 2 Family? Dear Board: On April 13, 1989 I visited the home of Mr. Richard Booth, located at 62 Gilrain Terr. , at the request of the Zoning Board of Appeals . In attendance were Myself, Richard Booth, and his parents. The home is a modern split level with a two car garage underneath. The upstairs consists of three (3) bedrooms, two (2) baths, a kitchen, laundry facilities, living room, and dining room. The downstairs has four (4) rooms currently used as a kitchen, bathroom, bedroom, and exercise room. As reguards, the physical make-up of the structure it could be used as a two (2) family. In a zoning enforcement context it is impossible to determine the use of the home. It has been freely admitted that people other than family members are residing together. The question becomes one of; is the entire structure used as one (1 ) unit for the convenience of the occupants, or rather is the use really two (2) separate units appearing as one (1 ) to evade the zoning laws. Atty. Steve Leavy serving as Mr. Booth's council has suggested that the downstairs kitchen be removed to avoid any further confusion. The other option would be to leave the basement vacated and apply for a Special Permit for an accessory apartment. Mr. Booth, who is confined to a wheel chair, has stated that it is not only in- convenient but potentially dangerous, in the event of an accident, if he is home alone. The Building Department has no desire to deprive Mr. Booth of his right to have a live in companion, house keeper, or both. We do however, have an obligation to the neighborhood and to the City to enforce the zoning ordinance. SUBJECT PROPERTY: 62 Gilrain Terrace, Northampton, MA 01060 Roof is new in 1989 (25 year warranty) Chimney - 3 flue - new in 1988 - damper in downstairs fireplace is broken Window decor - all Levelor Blinds & window decor will remain with house Kitchen - Upstairs - 3 year old side by side with icemaker & water to remain. Fully applianced. Downstairs - fully applianced. Fans - X7ceiling fans Floors upstairs - hardwood in livingroom, dining room, bedrooms & hall. Lin- oleum in kitchen; carpet over hardwood in halls. Family room - radiant heat in floor - covered with tile and then carpeted. Pine panel tongue & groove in stairway & family room. Full bath off family room. Heating - American Standard furnace. Natural gas - Motor is rented from Gas Company at $8/month. Baseboard forced hot water, 2 zone. (There is an unhooked-up oil tank in basement) . Water heater - gas (40 gallon) rented at $6/month Deck - Approximately 171x25' is pressure-treated and stained Outbuildings: (1) Approximately 161x12' wood frame for equipment and (1) . aluminum storage shed` Very nice stained glass windwos in dining room area. NEGOTIABLE ITEMS - (3) air conditioners, (2) sets of portable washers & dryers, all rugs, all furniture. If. the price is right, all furniture, (3) air conditioners, rugs, etc. can be bought. 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CUNTHACT . huuci. l�ircplaccc 1 FIt . llig I duality ill collstruc tion is detail a-law apartlTfrTt'["' OWNER Booth lifAt IOil 217 s A 2.0 r110Nf 584-9000 tI,ILff Nanvy Nickersnitt1oNf 584-8703 W A IA NI N"G: ht Flit tLI1TATION AND OLtChIMTIOlill Of Tilt P1,01-thfY CUNTAIN9O 1#4 Till&kXCLUtIVt NlUIlf TO 4141.1,LgTINO AUN4tYtNT A111 1110tt(11 1111 OVINt11 AMU Aht 110f TO St 1st LIt IIUI OW RT ANY YIII)t Pt C11Vl bl1Y[N At st lNU htl'Ill tt NILUON Vt NI►II II tY 7119 IUAL.fill% MNIIYPI CllVl i1(IVt N3 ANt A(Wilt(f T O VL 111E T 1111 ArCUI,ACY Uf I MI1 U•1 Ull•AA)IUh,ANU list hLALTUII AIIU UMNtii INVilt INtt'LC IIUN■Y ANY L.UYPL11.19f tt•LCIALI►T YNIUh IU 94AANIU AN UMM UN Illtt YIIUYt111Y. 1""M p� 0�'e GritV of 'dazt4aiiiptali I � � ,�I83E AClj TiStt13 � _ Zoning Enforcement DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street Building ' Municipal Buildin j/ �. Frank X. Sienkiewicz Northampton, Mass. 01060 - Zoning Enforcement Officer June 3, 1993 Richard Booth 62 Gilrain Terrace Florence, MA. 01060 Re: Zoning Compliance Dear Mr. Booth, I address your attention to the attached letter written to you on April 14, 1989, pertaining to the removal of kitchen equipment from your basement in order to comply with the zoning ordinances. Also enclosed is a copy of the Zoning Board of Appleals decision which also requires the removal of the basement kitchen facilities. Since you have made no effort to obtain proper permits to have this work done and/or comply with the zoning ordinance, you will have thirty (30) days from receipt of this notice to make the necessary corrections. If again you fail to do so further action will be taken. Sincerely, Frank X. _Sienkewicz.__....___ Zon ng En-- forcement Officer Building Commissioner FXS/pk c)q SY CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Bruce Palmer, Building Inspector FROM: R. J . Pascucci Zoning Board Secretar Y SUBJECT: The Scagel Appeal O DATE: May 9 , 1989 MAY 9 to FILE: DEPT.Of R(fi IHG►NSrECTIONS NORTHgMpTON,MA 01060 Attached is your copy of the Scagel Decision, minutes , etc . Note the last paragraph of the decision. You are asked to order the removal of the kitchen equipment from the basement . All else can remain as it is . Northampton Zoning Board of Appeals May 3 , 1989 Meeting The Northampton Zoning Board of Appeals met at 7 : 00 P. m. on Wednesday, May 3 , 1989 in Council Chambers, Wallace J. Puchalski Municipal Building, to announce a decision on the Appeal of Donald and Michael Scagel of the Building Inspector' s failure to act on their complaint that an illegal apartment had been created by Richard Booth, owner of the dwelling at 62 Gilrain Terrace. Present and voting were Ch. Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. The Public Hearing was held and closed on April 5, 1989 . Mr. Weil moved that those minutes be accepted without reading. Dr. Laband seconded, and the motion passed unanimously. Dr. Laband stated, "The Building Inspector has inspected the premises and has sent us a report. He suggests that the kitchen equipment in the basement be cleared out. The Zoning Ordinance does allow four unrelated people to live together. My feeling is he should remove the kitchen facilities, and then it is definitely a one-family. I feel the Building Inspector' s recommendation is the right solution. We should so instruct him to order the kitchen equipment removed. " Mr. Weil referred to a February 21 letter from the Building Inspector to Booth to ordering him to vacate. Dr. Laband commented, "When he said 'vacate, ' that means people. I feel the facilities should be removed. Ch. Buscher commented, "The Scagels are appealing the Building Inspector' s failure to act. Well, he has acted, if not timely; he has ordered remedial action. Mr. Scagel' s appeal is moot. Mr. Weil read the April 14 , 1989 letter from the Building Inspector to the Board. Dr. Laband opined that Scagel' s appeal is technically upheld, since the Building Inspector had not acted at the time the Appeal was filed. He moved that the Board endorse the recommendations contained in the April 14 letter, and notify Mr. Palmer to proceed as he outlined in his letter. Mr. Weil seconded. The motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman s � y �20 �. oy CITY OF NORTHAMPTON $ ZONING BOARD OF APPEALS r � NORTHAMPTON, MASSACHUSETTS 01060 um DATE: MAY a q aeon RE: THE APPEAL OF DONALD AND MICHAEL SCAGEL OF THE BUILDING INSPECTOR'S FAILURE TO ACT ON THEIR COMPLAINT THAT AN ILLEGAL APARTMENT HAD BEEN CREATED BY RICHARD BOOTH AT 62 GILRAIN TERRACE. Pursuant to the Provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 40A, Section 15 , notice is hereby given that a decision of the Zoning Board of Appeals of the City of Northampton was filed in the Office of the City Clerk On: MAY For Property Located at: 62 Gilrain Terrace, Florence, MA A copy of the Decision is attached. If you wish to appeal this action, your appeal must be filed in Superior Court within 20 days of the date this decision was filed in the Office of the Northampton City Clerk. i �I Robert C. Buscher, Chairman Northampton Zoning Board of Appeals April 5 , 1989 Meeting Page Three affirmatively. He asked, "Was there any bedroom down there?" Mr. Booth responded, "No, there was a bar, rec room, and a laundry room with a stove and refrigerator. I changed the sink. " Mr. Weil asked Mr. Booth if he ever had a tenant, and Mr. Booth replied, "Yes, but not until Scagel' s dog killed my cat and he threatened me. I don' t charge rent--they help me with the utilities. They should be charging me for what they do for me. " Dr. Laband asked for a chronology of who has lived there, and Mr. Booth replied, "I have always had a roommate. I didn' t get additional roommates until my life was threatened. In 1987, Donald and Susie moved in. In 1988, they moved out and my nephew, Robert Thomas , moved in with his fiancee, Linda Hashes. " Bruce Johnson added, "I reside with Mr. Booth and have since early 1986 . I am there to help him. Since he was threatened, Mr. Booth has had others move in. " Mr. Weil asked if more than four people ever occupied the house at one time, and Mr. Booth responded, "No. " Mr. Weil said he thought an inspection was needed by the Building Inspector, and felt the Board should take this under advisement. Michael Scagel stated, " The 62 Gilrain Terrace basement had a laundry room, a big tub sink, a rec room and a half bathroom, with just a sink and toilet. You ought to contact the workers and find out what was there. " Mr. Weil opined, "Anyone can have a finished basement. If it' s used to house other people for a price, it' s a two-family house. They share expenses but he doesn' t charge rent. Mr. Palmer should inspect and see if it ' s a one or two-family house. Ch. Buscher agreed that "we need more information. We have two disparate stories. You would expect Mr. Booth to have some people in attendance to help him. When is the fine line crossed?" Coun. Brooks asked, "Who decides if sharing expenses is the same as paying rent?" "We will, " Mr. Buscher replied. Dr. Laband moved that the Public Hearing be closed, and asked Mr. Palmer to look at the physical evidence and to consult with Kathleen Fallon, and check out the permits . Mr. Weil seconded, and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. i Robert C. Buscher, Chairman Northampton Zoning Board of Appeals April 5 , 1989 Meeting Page Two a letter, but not a Cease and Desist Order. " The Chair asked for supporters of Mr. Booth, and Mr. Stephen Leary, of 10 Haywood Drive, Florence, introduced himself as Mr. Booth' s attorney. He described Mr. Booth as "a C-6 functional paraplegic as the result of a motorcycle accident in July of 1980. " He said that when Mr. Booth bought the house from Mr. and Mrs. Paul Walker in September of 1985 , the basement "was almost as it is today. " He went on to say that Mr. Booth wanted access to the basement without having to install an elevator, so he had a contractor put in sliders. When the house was purchased, "a bathroom and kitchen were there. There are other people who live there, and share expenses and assist him. His nephew and fiancee, and a friend, Bruce Johnson, live there now as a unit. They share meals, utility bills , etc. These people are there to aid and assist him. There' s a personality conflict here, and we want a solution. We haven' t altered the use of the property. We do not overburden the property with the current usage. There are not more than four unrelated people in this house_ Our use of the property is not in violation of the Ordinance. We want a solution from you. What is in that basement is what was there in September of 1985 . Mr. Palmer has not been inside the home. Mr. Booth has neighbors here to support him. " Mr. Weil asked if there was more than one kitchen in the house, and Mr. Leary responded, "Yes . " Mr. Weil then stated, "It' s illegally listed as a one-family house with the Assessors. " Mr. Leary reiterated that the kitchen was in the house when Booth bought it. He added that, "Today, no one lives in the basement. Everyone uses the three bedrooms upstairs . " Mr. Scagel commented that people were living in the basement six weeks ago, and added, "When Powers built the house it had no kitchen in the basement. " Mr. Booth stated that when he "heard from Tewhill, I checked with contractors to see if I need permits . They put in a kitchen sink downstairs, and Tewhill said that made it a kitchen. I eventually talked to Tewhill, and he said, 'Everything has calmed down--let things go. ' Then Mr. Duclos came down and gave me permits. Now we have a new Building Inspector. Mr. Scagel did come down when I started fixing up and said, ' It' s a great idea. ' I needed the sliders because I had a bulkhead. I have three bedrooms upstairs, and we' re all bunking out until this is cleaned up. There' s a stove and refrigerator downstairs ." Mr. Weil commented, "Two stoves and two refrigerators equal a two-family house." Mr. Booth' s mother stated, "When he bought it, there was a stove, refrigerator, washer and drier, double sink and a fireplace. All he did was change the sink and add sliders. " Ch. Buscher asked, "Was this a separate room?" She responded if Northampton Zoning Board of Appeals April 5, 1989 Meeting Page One The Northampton Zoning Board of Appeals met on Wednesday, April 5, 1989 at 7:06 p. m. to conduct a Public Hearing on the Appeal of Donald and Michael Scagel of the Building Inspector' s failure to act on their complaint that an illegal apartment had been created by Richard Booth, owner of the dwelling at 62 Gilrain Terrace, Florence. Present and voting were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Ch. Buscher opened the Public Hearing by reading the Application, the Legal Notice as published twice in the Daily Hampshire Gazette, a memorandum from the Planning Board, and a memorandum from the Assistant City Solicitor. Mr. Donald Scagel said that the illegal apartment was created two years ago, and for 20 months he has been "stonewalled" by various Building Inspectors . He added, "His tenants have threatened and harassed me. I am the third house from 62 Gilrain. There ' s a few people in the neighborhood who don' t like it, but Mr. Booth is in a wheelchair, so I 'm carrying the ball. " Dr. Laband suggested a review of the chronology. "Mr. Tewhill gave a Cease and Desist--did anything happen?" Mr. Scagel replied, "No. " Dr. Laband added, "In January, 1988 the Building Inspector said 'No' to the apartment. Mr. Duclos, on July 15 , 1988 sent a letter, but on July 27th, he 'backed away from his prior position. " Mr. Scagel commented that none of the contractors who did work at the Booth residence were licensed, and there were no permits. In February, 1989, the current Building Inspector, Bruce Palmer, said there should be no occupancy of the apartment until permits are received. Dr. Laband asked about the Show Cause hearing before Janet Dugan, and was told by Mr. Scagel that it involved an incident where former Booth tenant Wynegar "pushed him around and wanted to start a fight. The Police told me to file Assault and Battery charges if I wanted. " He went on, "When Booth moved in, my brother and I were friendly with him, but we told him you can' t have a two-family house in a one-family zone. " Mr. Weil asked Mr. Scagel particulars for particulars about the living arrangements, and he replied, "Bruce Johnson lives in the back bedroom upstairs , and Wynegar and Susan Marcil lived in the basement. Wynegar and Marcil moved out, and a man and a woman moved in on a Sunday night. I have pictures of the moving van. " Mr. Weil went on, "The first Building Inspector didn't follow up, the second was wishy-washy, and the third, Mr. Palmer, is more aggressive and took a stand. Are you satisfied with his action?" There was no response. Mr. Palmer stated that he has "driven by- -not gone inside the apartment. I ' ve talked with his attorney. There' s an accessory or efficiency apartment there. " Mr. Weil asked, "Is this a two-family situation?" Mr. Palmer replied, "Yes. If they don' t vacate, we' ll try for a court order. I 've sent them Gri t� of Nort4anrptan Alf Athltb ttt! fi.RS �-, DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Frank X. Sienkiewicz Northampton, Mass. 01060 Building Commissioner Zoning Board of Appeals c/o Planning Department 210 Main Street Northampton, MA. 01060 Re: Richard Booth, 62 Gilrain Terrace Dear Board: Please review the attached information and inform me as to what type of kitchen equipment you would like removed from Mister Booth's basement on 62 Gilrain Terrace. This matter needs to be resolved. Thank you. ra Sienki-ewr,_z..___.- Bui lding- iss Toner cc: Richard LaBarge CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: rank Sienkiewicz, Building commissioner FROM: Paulette L. Kuzdeba, Senior Planner�- _ SUBJECT: Richard Booth - clarification of ZBA's Instructions DATE: 27 December 1993 FILE: 62 Gilrain Terrace - Violation of Zoning Ordinance In response to your request to the Zoning Board of Appeals, for clarification of the type of kitchen equipment to be removed from the above mentioned site, the Zoning Board of Appeals has stated the following: Kitchen equipment to be removed from 62 Gilrain Terrace is as follows: a. Stove, and b. Refrigerator If Mr. Booth wishes to legalize the existence of the "apartment" , there is an option under the Zoning Ordinance which includes filing for a Special Permit for an Accessory Apartment. If he chooses to take this route, he must file a complete application with the Office of Planning & Development. If you have questions, please contact me at extension 287 . CITY of NORTHAMPTON OFFICE of PLANNING and'DEVELOPMENT MEMORANDUM TO: %rank Sienkiewicz, Building Commissioner FROM: Paulette L. Kuzdeba, Senior Planner�l� SUBJECT: Richard Booth - Clarification of ZBA's Instructions DATE: 27 December 1993 FILE: 62 Gilrain Terrace - Violation of Zoning Ordinance In response to your request to the Zoning Board of Appeals, for clarification of the type of kitchen equipment to be removed from the above mentioned site, the Zoning Board of Appeals has stated the following: Kitchen equipment to be removed from 62 Gilrain Terrace is as follows: a. Stove, and b. Refrigerator If Mr. Booth wishes to legalize the existence of the "apartment" , there is an option under the Zoning Ordinance which includes filing for a Special Permit for an Accessory Apartment. If he chooses to take this route, he must file a complete application with the Office of Planning & Development. If you have questions, please contact me at extension 287. $ � j�Iaesachusctts is - 'n° DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street ' Municipal Building INSPECTOR Northampton, Mass. 01060 Frank X. Sienkiewicz December 27, 1993 Richard Booth 62 Gilrain Terrace Florence; MA 01060 Dear Mr. Booth, Attached is a copy of the Zoning Board of Appeals instructions pertaining to specific kitchen equipment that is to be removed from your basement at 62 Gilrain Terrace. Please notify this office as soon as this is done so that we can visit the premises and verify that you have complied with the zoning requirements. Thank you for your co-operation. Frank X. iewicz Building Commissioner /0�i Y Crzt� of Wart4aurptan f � � �lassachnsetts T =' DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Frank X. Sienkiewicz Northampton, Mass. 01060 February 17, 1994 Richard Booth 62 Gilrain Terrace Florence, MA 01060 Re: Inspection of your premises for correction of zoning violations Dear Mr. Booth, I have tried to reach you by telephone several times but your line seems to be out of order. Since you have not called to notify us of the removal of the kitchen equipment dictated by the Zoning Board I am scheduling an inspection be done next Friday morning, February 25, 1994. This should present no problem for you since the time limit of 30 days for its removal has long passed. If, however, I find you have still not complied with the Zoning Board I will issue a Zoning Violation Ticket which will cost you $100 per day for as long as the kitchen equipment remains. If you have any questions feel free to call me at 586-6950 ext.240. Sincerely, Frank X. Sienkiewicz Zoning Enforcement Officer Building Commissioner cc: Paulette L. Kuzdeba, Senior Planner Councilor Richard LaBarge