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29-064 (17) �t/CMC� �,2/P.f1.c�. 1 ��� a��� �' �' Z t o :'75 r ---c s �' �• w.- , i"IMI.V lk`,: � t��.r, •_^�'�M7 -♦ OX A 4N i ME, v J7 N grf'�,a�,_'��'S h hY•',j.1 � G I� ��+ ,t �y '��:?rte �`4 f6.E'e" .� ��,A T"' '✓� '�:1 :" ���2� '►Y, y, 4Y--'v.� '• nar • I;�� 34•c ..w�sc�""' �: • __-T.�,sue:. �,,lr ... ,� t r J • �.. �1 i Vt `�la Imo' � !1 � i i l 1q � � ♦ "`ti \ Q r � lv�'aQ , ♦ 1'1 '+wry P 573 708 530 I US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Donald Sca el a " Street&Number Z 31 Gilrain Terr Post Office,State,&ZIP Code Florence MA 01062 Postage $ S Certified Fee Jl, Special Delivery Fee Restricted Delivery Fee to rn Return Receipt Showing to Whom&Date Delivered a Realm Receipt Q Oate,& O TOTA Po (e&Fees $ :>'` .>'..�.:+<..`...nhx �y.K`t•�ku.,.e.,..�...,...,..`2`r h+,�2�`>2�>..t <+ts....+.,2 i.i.,r,.;.�. ',,i t...,..1i<tirj 00 M Pos 0anate 1991 E `o LL W / �� 0. request. Section 10.8 Prosecution of Violation. If the notice of VIOLATION and ORDER is not complied with promptly, the Building Commissioner, upon written request to the City Solicitor, shall have available the services of the City Solicitor in instituting the appropriate action or proceeding at law or in equity to prevent any unlawful action, use or condition and to restrain, correct or abate such violation. If the Building Commissioner shall refuse or fail to so request the services of the City Solicitor, the City Council may require him to do so. Delay by the Building Commissioner in instituting said proceedings shall not be imputed to the City of Northampton. Penalties for violations may upon conviction, be affixed in an amount not to exceed one hundred dollars ($100 . 00) for each offense. Each day or portion of a day, that any violation is allowed to continue shall constitute a s:_parate offense . Section 10 . 9 Zoning Board of Appeals, Variances, and Appeals . I . Membership . There shall be a Zoning Board of Appeals of three (3 ) members and two (2 ) associate members, appointed as provided in Chapter 40A of the Massachusetts General Laws . 2 . Powers_ The Board of Appeals shall have the following powers : A. To hear and decide appeals, as provided in Chapter 40A of the Massachusetts General Laws. (See sub-section 3 below) B. To hear and decide applications for special permits, as provided in Chapter 40A of the Massachusetts General Laws . (See Section 10. 10) C. To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this Ordinance, as provided in Chapter 40A of the Massachusetts General Laws. (See sub-section 3 below) 3 . Variances and Appeals. Applications for variances and appeals shall be heard by the Zoning Board of Appeals subject to the provisions of Chapter 40A of the Massachusetts General Laws . A variance which has the effect of allowing a use not specifically permitted for the district in question under the Table of Use Regulations {ed. note: so called "use variance" } may be permitted, subject to the provisions of said Chapter 40A. 4. Time Limitations. No appeal or petition for a variance from the terms of this Ordinance with respect to a particular parcel of land or the building thereon, and no application for special permit which has been unfavorably acted upon shall be again considered within two (2) years after the date of such October 7, 1994 10-3 I JAN 7 �, 998 SHOWCAUSE#06VM `----""° Trial Court of the Commonwealth District Court Department Northampton Division Clerk Magistrate's Office 15 Gothic Street Northampton, MA 01060 DATE: January 8, 1998 Donald Scagel 31 Gilrain terrace Northampton,MA 01060 You are hereby notified that an application for a showcause hearing for alleged Violation of Zoning Ordinance(8.9-7) expansion of curb cut w/out variance (2cts) has been received and a hearing thereon will be heard in the Clerk Magistrate's Office on: Wednesday,January 28, 1998 @ 11:30 AM at which time you may present such evidence as you desire to have considered. Failure to appear could result in the issuance of a criminal complaint. Genevieve L. Kelle n Clerk/Magistrate i I JAN 27 10 CC: Northampton Building Inspector CITY CLERKS OFFICE e1C NORTHA MPTON MASS 01060 x' 01/26/98: Resch. to 02/17/98 @ 9:30am at the request of the accused Verbal notice to Mr. Scagel , copy of this notice to Nton Building Inspector ►�� �,.�� �.• �' :s °,�..*='.fir. A,r> ,`: � , 14 W-7 yx� 3 s SI all �yy ��� 1•t ,�� �. "Cd,. Ta ���5'".`f�NJ;T'o' _„!e x�M�i,�Qrt�r i Vn SHOWCAUSE#0028/98 , 91,998 PUT OF P";- � 'r!NSPRCTiONS � Trial Court of the Commonwealth District Court Department Northampton Division Clerk Magistrate's Office 15 Gothic Street Northampton, MA 01060 DATE: January 8, 1998 Donald Scagel 31 Gilrain terrace Northampton,MA 01060 You are hereby notified that an application for a showcause hearing for alleged Violation of Zoning Ordinance (8.9-7) expansion of curb cut w/out variance (2cts) has been received and a hearing thereon will be heard in the Clerk Magistrate's Office on: Wednesday,January 28, 1998 @ 11:30 AM at which time you may present such evidence as you desire to have considered. Failure to appear could result in the issuance of a criminal complaint. Genevieve L. Keller Clerk/Magistrate CC: Northampton Building Inspector elc off-site parking; or 3. 1,500 feet when such spaces are required to serve a college dormitory. A Special Permit issued under this provision shall be coterminous with the length of the lease and shall expire if and when the lease for said parking expires. (Amended 7/28/86, 6/17/93 and 12/21/95.) Section 8.8. {Reserved for future use. Old section deleted 11/21/1996} Section 8.9 Parking and Loading Space Standards. (See also §2.1 Definitions: Parking Space) All parking and loading areas shall comply with the following: I. The layout of the parking area shall allow sufficient space for the storage of plowed snow without reducing the number of required parking spaces, unless removal by some other means is provided. 2. Any fixture used to illuminate any parking area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes. 3. Parking shall not be located within five (5) feet from the front lot line for residential uses, 15 feet for uses in M district, nor ten (10) feet for other uses. For all residential uses in all residential districts except for UR-C, parking for more than two vehicles shall not be permitted within the front-yard setback. Parking is not permitted within any of the setbacks in the Business Park or Planned Village Districts. {Amended 11/21/1996) 4. Parking and loading spaces, other than those required for single and two-family dwellings, shall be so arranged as to prohibit backing of vehicles onto any street. 5. No portion of a driveways entrance or exit shall be closer than fifty (50) feet to the curb line of an intersecting street nor shall it be closer than fifty (50) feet to any portion of an existing driveway located in a Business or Industrial District. 6. There shall be a maximum of one driveway/curb cut per lot. The Planning Board may, as part of Site Plan Approval, allow additional driveways/curb cuts if, and only if, such Permit will promote and improve safe and efficient traffic circulation. 7. A driveway's entrance or exit shall not exceed, at its intersection with the front tot line, a width of fifteen(15) feet for single, two and three-family uses; and twenty four (24) feet for all other uses, except that the Planning Board may, as part of Site Plan Approval, allow a thirty foot width if, and only if, such Approval will promote safe and efficient traffic circulation. 8. The parking area and access driveways thereto shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. 9. Except on a farm, not more than one commercial vehicle, and said vehicle shall not exceed December 12, 1996 8-5 request. Section 10. 8 Prosecution of Violation. If the notice of VIOLATION and ORDER is not complied with promptly, the Building Commissioner, upon written request to the City Solicitor, shall have available the services of the City Solicitor in instituting the appropriate action or proceeding at law or in equity to prevent any unlawful action, use or condition and to restrain, correct or abate such violation. If the Building Commissioner shall refuse or fail to so request the services of the City Solicitor, the City Council may require him to do so. Delay by the Building Commissioner in instituting said proceedings shall not be imputed to the City of Northampton. Penalties for violations may upon conviction, be affixed in an amount not to exceed one hundred dollars ($100 . 00) for each offense. Each day or portion of a day , that any violation is allowed to continue shall constitute a separ `.e offense. Section 10 . 9 Zoninq Board of Appeals, Variances, and Appeals . 1 . Membership There shall be a Zoning Board of Appeals of three (3) members and two (2) associate members , appointed as provided in Chapter 40A of the Massachusetts General Laws . 2 . Powers . The Board of Appeals shall have the following powers : A. To hear and decide appeals, as provided in Chapter 40A of the Massachusetts General Laws. (See sub-section 3 below) B. To hear and decide applications for special permits , as provided in Chapter 40A of the Massachusetts General Laws . (See Section 10 . 10) C. To authorize upon appeal , or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this Ordinance, as provided in Chapter 40A of the Massachusetts General Laws . (See sub-section 3 below) 3 . Variances and Appeals. Applications for variances and appeals shall be heard by the Zoning Board of Appeals subject to the provisions of Chapter 40A of the Massachusetts General Laws . A variance which has the effect of allowing a use not specifically permitted for the district in question under the Table of Use Regulations {ed. note: so called "use variance" } may be permitted, subject to the provisions of said Chapter 40A. 4 . Time Limitations. No appeal or petition for a variance from the terms of this Ordinance with respect to a particular parcel of land or the building thereon, and no application for special permit which has been unfavorably acted upon shall be again considered within two (2) years after the date of such October 7, 1994 10-3 '1 4 e a e w e w e w se+e I • `�Sx,�'�i ~#�r�7��� �V s �c Or p E ca � � y W ni fV U W o Z 0- o In O 4 uj ' cn 0 Q Q P. UJ c E r o a C3 _ o u o" p IL Q uj ; v j3 9 U) U �,. � � O O z � R>kS2ititits.s2s2SiskSt✓s,fi,?.,iti>2<++t+uGtct?:r>i�.; 00 cz Z 0— a � w o ca r, w o N Q x00A. wQcz � wgOZ tip" r RESTITUTION INFORMATION FORM CASE NAME: Commonwealth vs. Docket#: RETURN TO: Northwestern District Attorney 1 Court Square Northampton, MA 01060 YOUR NAME: Did you receive medical or mental health treatment as a result of this crime? Yes No If yes, please list health care providers and costs below. PROVIDER NAME TREATMENT COST TOTAL: $ PLEASE DEDUCT THE AMOUNT PAID BY INS.:$ NET LOSS: $ Were you absent from work as a result of this crime, such as due to injury? _ Yes No If yes and you were not paid during your absence, please complete: EMPLOYER NAME DATE(S) ABSENT AMOUNT OF LOST WAGES TOTAL: S Did you suffer a loss of property (theft or damage) as a result of this crime? Yes No PROPERTY DAMAGE REPLACEMENT OR REPAIR COST TOTAL: $ PLEASE DEDUCT THE AMOUNT PAID BY INS.: $ NET LOSS: $ 'Please attach copies of bills, estimates, pay stubs or other proof of loss to the form and retain the originals. 'PLEASE NOTE: If the defendant does not agree to the amount of loss documented above,the court may order an evidentiary hearing to establish the amount. In that case, you will be summonsed to the hearing with your original bills, estimates,etc. Please list names, addresses, telephone numbers and dates of birth of all witnesses. (Witnesses cannot be summonsed to court unless you provide names and addresses] 1_ ► Robert Joyce 2 � . 28 Gilrain Terrace Northampton , MA 585-8637 -AW: Date of Birth: Date of Birth: 3. ►Stan Szewczyk 4. ► 11 Old Farms Road Hatfield , MA s-a 9­12 � Date of Birth: Date of Birth: Was incident reported to the police? D No D Yes If"yes", when? To what department? List physical evidence (including, photographs) you have related to the incident. Ask a victim advocate or police officer what to do with your evidence. Photos of curbcut violation , correspondence to M r . Scagel Were you injured as a result of this incident? .�► No D Yes If"yes", please describe injury, any treatment, and place where examined or treated: If you had "out-of-pocket" expenses as a result of this incident, the Court may consider a request for restitution to be paid by the defendant. • If appropriate, please list the actual expenses you had (medical bills, property damage repairs or loss...). • Submit copies of bills, estimates or other verification along with this statement. When a criminal complaint is issued, the District Attorney's Office is responsible for prosecuting the case. It may consider your wishes regarding the outcome of the case in making its recommendation to the Court. Please indicate your recommendation as to disposition: Mr . Scagel pay fines and correct curb cut violation If you will not be in court for the pre-trial conference, please indicate a telephone number where you may be reached that day: ea Code ( ) (signature) (date) s -- OFFICE OF THE NORTHWESTERN DISTRICT ATTORNEY' ®�, Witness Statement V Commonwealth vs. DOCKET#: ARRAIGNMENT DATE The charges: Donald S c a g e l Your Name: Anthony P a t i l l o Your Date of Birth: 1 /3 0/51 Your Address: Number& Street and P.O. Box Town State &ZIP Code Your Telephone : (Home) (Work) Date of Offense: June 18 , 1 9 9 7 Time of Offense: Daytime Where did it happen? Town: Northampton Place: 3 1 G i l r a i n Terrace Did you know the defendant? Z No ❑ Yes If "yes", how? (e.g., friend, family member, acquaintance, customer..) FACTS BE AS ACCURATE AND CONCISE AS YOU CAN WHEN FILLING OUT THIS STATEMENT ABOUT WHAT HAPPENED. THE LAW REQUIRES THAT THIS INFORMATION BE MADE AVAILABLE TO THE DEFENDANT AND COURT. 1 allege that the major facts regarding the offense(s) listed above are as foil s: On Oct . 23 , 1997 a Zoning Request was submitted to the Building Dept . to widen curbcut of driveway to beyond 15 ft . maximum allowed by Northampton Zoning . Request was denied . Mr . Scagel was told variance required from Northampton Zoning Board . On June 18AMr . Scagel hired Merrit Loomis Company to pave driveway and widen curb cut to approx . 25 ' without applying for or receiving variance from Zoning Board . Mr . Scagel was ticketed for non-criminal violation of Section 8 . 9-7 and a show cause hearing was held on Feb . 17 , 1998 . Clerk Magistrate rii_lpd Mr _ Scagel in violation and ordered Mr . Scagel to pay fine or correct curb cut . Fines have not been paid nor curb cut corrected , hence complaint filed for failure to pay fines - [ATTACH AN EXTRA SHEET IF NECESSARY] PLEASE COMPLETE OTHER SIDE r RESTITUTION INFORMATION FORM CASE NAME: Commonwealth vs. Docket#: RETURN TO: Northwestern District Attorney 1 Court Square Northampton,MA 01060 YOUR NAME: Did you receive medical or mental health treatment as a result of this crime? Yes No If yes, please list health care providers and costs below. PROVIDER NAME TREATMENT COST TOTAL: $ PLEASE DEDUCT THE AMOUNT PAID BY INS.:$ NET LOSS: $ Were you absent from work as a result of this crime, such as due to injury? Yes No If yes and you were not paid during your absence, please complete: EMPLOYER NAME DATE(S)AT BSENT AMOUNT OF LOST WAGES TOTAL: $ Did you suffer a loss of property (theft or damage) as a result of this crime? Yes No PROPERTY DAMAGE REPLACEMENT OR REPAIR COST TOTAL: $ PLEASE DEDUCT THE AMOUNT PAID BY INS.: $ NET LOSS: $ *Please attach copies of bills, estimates, pay stubs or other proof of loss to the form and retain the originals. *PLEASE NOTE: If the defendant does not agree to the amount of loss documented above,the court may order an evidentiary hearing to establish the amount. In that case, you will be summonsed to the hearing with your original bills, estimates, etc. Please list names, addresses, telephone numbers and dates of birth of all witnesses. (Witnesses cannot be summonsed to court unless you provide names and addresses] 1. ► dB T" - d�� 2. ► 2� ��c,k'•e1��J ���f'Fk� 1��i t����To�.•�i9 s9s-06,3 Date of Birth: Date of Birth: 3. ► STi4,c% - 4. ► Date of Birth: Date of Birth: Was incident reported to the police? 91 No 0 Yes If"yes", when? To what department? List physical evidence (including photographs) you have related to the incident. Ask a victim advocate or police officer what to do with your evidence. A0Tz?5 ol= C, exC- - Were you injured as a result of this incident? 14 No ❑Yes If"yes", please describe injury, any treatment, and place where examined or treated: f. ?: If you had 'but-of-pocket" expenses as a result of this incident, the Court may consider a request for restitution to be paid by the defendant._ • If appropriate, please list the actual expenses you had (medical bills, property damage repairs or loss...). • Submit copies of bills, estimates or other verification along with this statement. When a criminal complaint is issued, the District Attorney's Office is responsible for prosecuting the case. It may consider your wishes regarding the outcome of the case in making its recommendation to the Court. Please indicate your recommendation as to disposition: zo�lle C/ .c4'C /z �r C , ,-V,6 1)/Q e-19 If you will not be in court for the pre-trial conference, please indicate a telephone number where you may be reached that day: Area Code ( ) (signature) (date) b , Aa � r �• s I� .» � # A MN � qq �J 7 (Z � Q , � N ..• d v t li C p CA y ., R A\: C IL 40 p MIN 3 at! IL IL A, . N 0.K „dx. t gv,$, � i ,i � i x a Fc� €i• � d � € r.rOS. x Goo ut ub CL r oy Crx nvr#I��nrton ,• - A ass ctctt ITS etts C V W� ,' _ DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 0 �y Sye� Mr. Donald Scagel 31 Gilrain Terrace Northampton, MA 01060 Map 29 Lot 64 Zone URA/WSP August 8 , 1997 Dear Mr. Scagel, On October 23 , 1997 you submitted a Zoning Request file # 961633 to this office requesting to remove curbing in front of your property to widen your driveway to beyond the fifteen foot maximum. The request was denied and you were told that a Variance was required as per Northampton Zoning Ordinance Section 8 . 9 - 7 from the Northampton Zoning Board. A complaint was received in this office on June 19, 1997 that you had expanded the width of your curb cut beyond the fifteen foot maximum. I made a site visit to your property on July 17, 1997 and found that you had expanded your driveway curbcut beyond the fifteen foot maximum (enclosed are copies of photos taken that day) . I checked to see if you had secured a Variance from The Zoning Board of Appeals and found that you had not received a Variance. You are in Violation of Northampton Zoning section 8 . 9 - 7 . A Variance is required and you have fifteen days upon receipt of this notice to start the Variance process otherwise as per section 10 . 8 of Northampton Zoning you will be fined $100 for each day or portion of day that the violation continues. You have the right to appeal this decision and that appeal may be made to the Northampton Zoning Board of Appeals. If you have any questions please contact this .office at 587-1240 . Sincerely, Anthony Pati o Building Commissioner City of Northampton CC. J. Sheppard City Solicitor 04�ttAM p�O Gl ity of Xort4ampton L s � � ,'�Iassacl}usetts � _ � c,ao• _ S" DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 June 20, 1997 Mr. Donald Scagel 31 Gilrain Terrace Northampton, MA 01060 Map 29 Lot 64 Zone URA/WSP Dear Mr. Scagel: On June 19, 1997 we received a complaint stating that you removed a city curb on your property to increase your parking area, also that there is an open trench between your house and garage. On Thursday, June 18, Merritt Loomis Company paved this area and more than doubled the size of driveway access. We have information that you are renting an area over your garage to a non-family individual. This property is classified as a single family residence. You also have had no inspections done for basement renovations (1988) or shed permit (1989) . As your property is in URA/WSP zone there was never a permit issued for more than 15% coverage on this lot. By paving this area you have exceeded these limitations. Enclosed is an explanation of the stop work order which was posted 6/19/97 on your property. Please contact this office at 586-6950 ext 240 as soon as possible. Sincerely, Stanley Szewczyk Building Inspector SS/11 cc: Janet Shepard, City Solicitor Cert # P 489 932 358 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the to the performance of on-site project issuance of the written notice of violation. representation shall be borne by the owner. 118.5 Abatement of violation: The imposition of 116.5 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contained in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act, conduct,business inspections(see 780 CMR 106.0). or occupancy of a building or structure on or about any premises. 780 CMR 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CMR shall acceptable manner so as to secure the results be in writing and shall be served on the person intended by 780 CMR. responsible: 1. personally, by any person authorized by the 780 CMR 118.0 VIOLATIONS building official;or 2. by any person authorized to serve civil 118.1 Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person,firm or corporation to use, occupy or change the responsible party's last and usual place of the use or occupancy of any building or structure or abode; or to erect, construct, alter, extend, repair, remove, 3. by sending the party responsibile a copy of the demolish any building or structure or any equipment order by registered or certified mail return receipt regulated by 780 CMR, or cause same to be done,in requested,if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4. if the responsibile party's last and usual place of 780 CMR. of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 Notice of violation:The building official shall the premises in violation and by publishing it for serve a notice of violation or order on the person at least three out of five consecutive days in one responsible for the erection,construction, alteration, or more newspapers of general circulation extension,repair,removal,demolition or occupancy wherein the building or premises affected is of a building or structure in violation of the situated. provisions of 780 CMR, or in violation of a detail statement or a plan approved thereunder, or in 780 CMR 119.0 STOP WORK ORDER violation of a permit or certificate issued under the provisions of 780 CMR. Such order shall be in 119.1 Notice to owner: Upon notice from the writing and shall direct the discontinuance of the building official that work on any building or illegal action or condition and the abatement of the structure is being prosecuted contrary to the violation. provisions of 780 CMR or in an unsafe and dangerous manner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be official may institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain, correct or abate such property involved, or to the owner's agent, or to the violation or to require the removal or termination of person doing the work;and shall state the conditions the unlawful occupancy of the building or structure under which work will be permitted to resume. in violation of the provisions of 780 CMR or of the order or direction made pursuant thereto. 119.2 Unlawful continuance: Any person who shall continue any work in or about the building or 118.4 Violation penalties: Whoever violates any structure after having been served with a stop work provision of 780 CMR,except any specialized code order,except such work as that person is directed to referenced herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, not more than $1,000 or by imprisonment for not shall be liable to a fine of not more than $1,000 or more than one year,or both for each such violation. by imprisonment for not more than one year,or both Each day during which a violation exists shall for each such violation. Each day during which a constitute a separate offense. The building official violation exists shall constitute a separate offense. shall not begin criminal prosecution for such 26 780 CMR- Sixth Edition 2/7/97 (Effective 2/28/97) O�SNA1Np�O L of Nart4aillptan JD ' DEPARTMENT OF BUILDING INSPECTIONS f a INSPECTOR 212 Main Street ' Municipal Building Northampton, Mass. 01060 P573708530 Certificate of Mailing Non-Criminal Violation I, 6�.v,�ro.vy U�TiL�v state the following under oath. I am employed by the City of Northampton a s_&:�L&,�v --LQM��. YC vF O n -- --------------------- ' /4u6 aS�'" 2c 199 � , I mailed a Notice of Violation , Ticket # _ 62,01C_ ____ . issued to --- _SCA 0_'51------------------------------ by on ,3U , Zc.> , 199 , to said violator at his/her last known address which is 3i 6 1LeA11L-1 z7-yegcr-_ , in accordance with the provisions of Massachusetts General Laws, Chapter 40, Section 21D. Signed under the pains and penalities of perjury this 2 o''�day of �4v6667— , 199 . C W z��Xe_ 7, ,z:�V Signature Name and Title P�s7�� — gad �1�� •��-,.�x,Cr� Allo — '�nro��� sLA ! off-site parking; or 3. 1,500 feet when such spaces are required to serve a college dormitory. A Special Permit issued under this provision shall be coterminous with the length of the lease and shall expire if and when the lease for said parking expires. (Amended 7/28/86, 6/17/93 and 12/21/95.) Section 8.8. (Reserved for future use. Old section deleted 11/21/1996) Section 8.9 Parking and Loading Space Standards. (See also §2.1 Definitions: Parking Space) All parking and loading areas shall comply with the following: 1. The layout of the parking area shall allow sufficient space for the storage of plowed snow without reducing the number of required parking spaces,unless removal by some other means is provided. 2. Any fixture used to illuminate any parking area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes. 3. Parking shall not be located within five (5) feet from the front lot line for residential uses, 15 feet for uses in M district, nor ten (10) feet for other uses. For all residential uses in all residential districts except for UR-C, parking for more than two vehicles shall not be permitted within the front-yard setback. Parking is not permitted within any of the setbacks in the Business Park or Planned Village Districts. {Amended 11/21/1996) 4. Parking and loading spaces, other than those required for single and two-family dwellings, shall be so arranged as to prohibit backing of vehicles onto any street. 5. No portion of a driveways entrance or exit shall be closer than fifty(50) feet to the curb line of an intersecting street nor shall it be closer than fifty(50)feet to any portion of an existing driveway located in a Business or Industrial District. 6. There shall be a maximum of one driveway/curb cut per lot. The Planning Board may, as part of Site Plan Approval, allow additional driveways/curb cuts if, and only if, such Permit will promote and improve safe and efficient traffic circulation. 7. A driveway's entrance or exit shall not exceed, at its intersection with the front lot line, a width of fifteen(15)feet for single, two and three-fanuly uses; and twenty four(24) feet for all other uses, except that the Planning Board may, as part of Site Plan Approval, allow a thirty foot width if, and only if, such Approval will promote safe and efficient traffic circulation. 8. The parking area and access driveways thereto shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. 9. Except on a farm, not more than one commercial vehicle, and said vehicle shall not exceed December 12, 1996 8-5 x 3., off-site parking; or 3. 1,500 feet when such spaces are required to serve a college dormitory. A Special Permit issued under this provision shall be coterminous with the length of the lease and shall expire if and when the lease for said parking expires. (Amended 7/28/86, 6/17/93 and 12/21/95.) Section 8.8. (Reserved for future use. Old section deleted 11/21/1996) Section 8.9 Parking and Loading Space Standards. (See also §2.1 Definitions: Parking Space) All parking and loading areas shall comply with the following: 1. The layout of the parking area shall allow sufficient space for the storage of plowed snow without reducing the number of required parking spaces,unless removal by some other means is provided. 2. Any fixture used to illuminate any parking area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes. 3. Parking shall not be located within five (5) feet from the front lot line for residential uses, 15 feet for uses in M district, nor ten (10) feet for other uses. For all residential uses in all residential districts except for UR-C, parking for more than two vehicles shall not be permitted within the front-yard setback. Parking is not permitted within any of the setbacks in the Business Park or Planned Village Districts. (Amended 11/21/1996} 4. Parking and loading spaces, other than those required for single and two-family dwellings, shall be so arranged as to prohibit backing of vehicles onto any street. 5. No portion of a driveways entrance or exit shall be closer than fifty(50) feet to the curb line of an intersecting street nor shall it be closer than fifty(50)feet to any portion of an existing driveway located in a Business or Industrial District. 6. There shall be a maximum of one driveway/curb cut per lot. The Planning Board may, as part of Site Plan Approval, allow additional driveways/curb cuts if, and only if, such Permit will promote and im rove safe and efficient traffic circulation. 7. A driveway's entrance or exit shall not exceed, at its intersection with the front lot line, a width of: fifteen(15)feet for single,two and three-family uses; and twenty four(24) feet for all other uses, except that the Planning Board may, as part of Site Plan Approval, allow a thirty foot width if, and only if, such Approval will promote safe and efficient traffic circulation. 8. The parking area and access driveways thereto shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. 9. Except on a farm, not more than one commercial vehicle, and said vehicle shall not exceed December 12, 1996 8-5 % µ� s Q OFFICE OF THE NORTHWESTERN DISTRICT ATTORNEY Witness Statement t1MV Commonwealth vs. DOCKET#: ARRAIGNMENT DATE The charges: . olt-64G,o �- Your Name: Your Date of Birth: S- Your Address: Number&Street and P.O.Box Town State &ZIP Code Your Telephone : (Home) (Worst) Date of Offense: r✓ T q Time of Offense: ,G Where did it happen? Town: /y Place: j IG,,P��•°y r =�C'PfC"/r Did you know the defendant? )I No 0 Yes if"yes", how? (e.g., friend, family member, acquaintance, customer...) FACTS BE AS ACCURATE AND CONCISE AS YOU CAN WHEN FILLING OUT THIS STATEMENT ABOUT WHAT HAPPENED. THE LAW REQUIRES THAT THIS INFORMATION BE MADE AVAILABLE TO THE DEFENDANT AND COURT. I allege that the major facts regarding the offense(s) listed above are as follows: 4n/ 21�,l99 7 4- .�vl��i✓,(.� �r�1 %� �iA�'-%U �'v.P6Ct%� a <= .�.t'iu�-/fY 72� /�.�i u� Act Ary © �✓/.� '�/ fa" C%17- Ty A4PAaX 2-9- � 4,e/iA, i3 'i�. �'cJLc~� .ii� 1�`l"AL �`�,2(G��41�� �•v� G�iPt��,�IJ s�.aP .S'C`�9��C_ y v,C 44 re Ifs' 7zD [ATTACH AN EXTRA SHEET IF NECESSARY] PLEASE COMPLETE OTHER SIDE ©»� } \ /: . . . �� ) \ 6\ : >/�. \§ \ y/� c 2^ �/ � a� \ � � !J } � §�` \� � � � � � , \ �/\ \ � .« « y§. « City of Northampton, Massachusetts Central Services 1 Memorial Hall, 240 Main Street � p Northampton, MA 01060 (413) 587-1246 Fax: (413) 587-1303 MEMORANDUM C�CJ TO: Building Commissioner Tony Patillo ' y AM 2 71999 '. FROM: Joe Cook, Assistant City Solicitor REGARDS: Scagel/Continuance DATE: August 26, 1999 Atty. Larkin' s office staff have informed me that the continuance jointly agreed has been granted. I will let you what the new trial date is when I find out. I agreed to the continuance because Mr. Scagel swore to me that he was getting the permit application in this week. Once he gets denied, assuming that he does, then we are on firmer ground for wrapping this thing up on our terms. 'z 4 S� U1ME pF OFFEN .�J1DD OF DER '"CITY.STATEAP CODE- ' IAY OPERATOR .NUM FFENSE. � �. .�z r A. AT .' a NATURE... '"„ .r OE EN RCIN(i DEP EDIT ? A. HEREBY' CEIP T OREGO NG,'CITATIQ : irk tlitt +E+;> a, E B, EfIRSC ontessfli�oHeiuo a REBY DU ONCRMINN L fiiaec k 43A r , 1 NG,,VFFJCER?'S COPY �� ,r °I�. i �:� �/!/ �����li����� V City of Northampton, Massachusetts Central Services Memorial Hall, 240 Main Street Northampton,MA 01060 (413) 587-1246 Fax: (413) 587-1303 r � June 7, 1999 0 F Mr. Robert Joyce 28 Gilrain Terrace Florence MA 01062 Dear Mr. Joyce: We will be seeking a 30 day continuance on the Scagel trial in order to complete settlement negotiations. The photos you supplied are proving helpful in determining what the prior conditions were and this information will be used in the negotiations. I am investigating the issue of the paving on the City's right of way. When did you do your driveway and who did you talk to from the DPW? Thank you for your time and consideration. Yours sincerely, )n e M. Cook JMC cc Anthony Patillo SHOWCAUSE#0028/98 JAN 9 r r CTI� Em_ Trial Court of the Commonwealth District Court Department Northampton Division Clerk Magistrate's Office 15 Gothic Street Northampton, MA 01060 DATE: January 8, 1998 Donald Scagel 31 Gilrain terrace Northampton,MA 01060 You are hereby notified that an application for a showcause hearing for alleged Violation of Zoning Ordinance (8.9-7) expansion of curb cut w/out variance(2cts) has been received and a hearing thereon will be heard in the Clerk Magistrate's Office on: Wednesday,January 28, 1998 @ 11:30 AM at which time you may present such evidence as you desire to have considered. Failure to appear could result in the issuance of a criminal complaint. Genevieve L. Keller Clerk/Magistrate CC: Northampton Building Inspector elc rLL FNe ti16 99 1 1 : 12a 587-1303 p. 4 Witness List 1, Anthony Patillo,212 Main St.,Northampton MA 01060,Building Commissioner for the Ciro,of Northampton, Mr.Patillo may testify about the requirements of the zoning ordinance,the application submitted by Mr. Scagel,his conversations with Mr. Scagel and his observations of the conditions at the site. 2. Stanlev Szewczvk,212 Main St., Northampton MA 01060,Building Inspector for the City of Northampton. Mr,Szewczvk may testify about the requirements of the zoning ordinance,the application:submitted by'Mr. Scagel,his conversations with Mr. Scagel and his observations of the conditions at the site. 3. Robert Joyce,28 Gilrain Terrace,Florence MA 01062. Mr. Joyce may testify as to the condition of the site prior to the construction in 1997. 4. Peter McNulty, , former Assistant Director of the Department of Public Works for the City of Northamoton. Mr.McNulty may testify as to his conversations with Mr. Scagel prior to the 1997 constriction. Specifically,Mr. McNulty, if called,will testify that he told I"Zr. Scagel that he could not change the curb cut. F Fep .,16 56 11 : 12a 567-1303 p.3 Thank you for your time and consideration. Yours sincerely, Joe M. Cook JM C cc City Solicitor Janet Sheppard,Building Commissioner Anthony Patillo z Feb *16 99 11 : 12a 587-1303 p. 2 City of Northampton,Massachusetts Central Services MP,,�� 'at t Vin( r..1. q ivi�iillcltiitvn,.V1i� �ii06i (413)587-1246 Fax: (413)587-1303 February 16, 1999 Atty. William Larkin 8 Bridge Street Northampton MA 01060 Ise: Your Client,Donald Scagel Dear Atty, Larkin: Please find attached a list of possible witnesses for the April 6 trial of your client,per the pre-trial agreement. At this point the City is willing to discuss a settlement of this ease on the following conditions. This offer expires on February 24th, 1999. i. Eitther Mr. Scagel reduces the curb cut to 15 feet in width or acquires the Planning Board's approval, through the Site Plan Approval process per& 8.9 (7)1 for a greater width. This approval would he based on the promotion of safe and efI?cien traffic circulation. if Mr_ Scagel decades to pursue this route the City::'Oulu agree to u continuance to ji lam`.`th—e for this pocess. 2. Mr. Scagel reduces the paved area of his driveway to come within the 15%coverage limit allowed within the LRA/WSP district,or returns the driveway to its conditio prior to the work performed in 1997. 3. Mr. Scagel pays the$400 in fines. If we can not reach an agreement by the 24th the City will file a complaint for the continuing violation from the date of the last ticket issued. The City will,of course.,Donor the agreement you reached with the City Solicitor regarding the two.*,reek continuance sou earlier. eb,16 99 11 : 12a 587-1303 p. I %, t�, of �o thampton, PdassachusettsFEB 16 1999 Central Services �P�f Memorial Hall, 240 Main S�reefi Northampton, MA 01060 (413) 587-1246 Fax: (413) 587-1303 IVIEM0RANUU1V Tony patillo, Janet Sheppard FROM: Joe Cook, Assistant City Soliclj;' �.1 REGARDS: Scagel LATE: February 16, 1999 Flea a Eind attached a draft letter to Atty. Larkin regarding the conditions under which the City will consider dismissinq the case. ,121a ka ar ze e- L2 4 W,17 A'l 6z 0-2 troy Crz � aaz� I��l�to�t 8aaattc{t»artta Offire. of the Xnspertar of Pnilbings V i V 212 Main Street •Municipal Building Northampton, Mass. 01060 - y� V COMPLAINT SHEET How received: Telephone ( ) Complaint No. Personal ( � Date: C"$ Letter ( ) Time: &-'A.M. P.M. Telephone No. J ✓�y�' �� Complainant's Name: Complainant's Address: _ �� li%�� lc���'• f'Lor=.' '��`->� ✓ �" `�i✓ �z- Complaint received by: VIOLATIONS OF: Chapter 44 Zoning Ordinances, City of Northampton O Chapter 802 As Ammended Mass. State Building Code Ej Say ila y Code, tart.2 Complaint reported against: Name: _ :za aiq�� �f(.`, � Tai. - - Address: _ ��{Lrf► Location of complaint: y Map # Lot# Signature of Complanants: > — Nature of)complaint: ci /�.✓ T-f�' �"�-i ✓,/� ylr {' � ��; —• T/, � c'�-t/.+CL%';m/(7 .�ic%�:r:�1✓s ra �r !�!C'� !�/i"L 'tr ,i5. �� C_�G�,/•/ ��, F'r,s,°,S-C_s � ;fit,, �/T �`=.Qr��• r='�7'� �� /d �F�� y� ✓�✓/f �E: ii :/'`�v,, /'�'�S— ��'s'� �.w1/'�.� ltraiat s'� T 1" T��� Investigation: Yes (�o ( ) Investigated by: ���� P JN7,