25-015 (46) LEON W. MALINOFSKY, JR.
ATTORNEY AT LAW
1 82 MAIN STREET
NORTHAMPTON, MA O 1 060 - 3 104
(Q MAP.COM
TELEPHONE (4 13) 584-7950 EMAIL LWM
FAX (4 1 3) 582-1855
15 July, 1997
Chairperson/ Director
Northampton Planning Board
City Hall
Northampton, MA 01060
To the members of the Planning Board:
My clients Dick Giusto and Russ Benjamin recently brought to my attention that
the Planning Board or City Council will, within the next two weeks, hold a meeting to
address the grant of permissions to conduct certain types of activities at the
Northampton Airport, via the special permit process. This letter is to advise that after
extensive research of the grounds and bases for grant of a so-called "grandfather"
exemption to the Fairgrounds, this office concludes that differential treatment of the
Airport would be legally suspect and amount to a denial of equal protection of laws.
I
For this reason my clients demand the same class and status of exemption
granted to the Fairgrounds on a far less-extensive record of support. I have been given
instructions to vigorously safeguard and pursue the Airport's entitlement to
nonconforming use, or "grandfather", exemptions for the types of events historically
held there and heretofore commended to the Board's attention.
To be clear: I see the opportunity for the city to once and for all remove a
major source of conflict and public controversy by recognizing the Airport's entitlement
to the grandfather exemption. I see any other course of action, including the attempt
to retain the power to impose conditions on airport events in a manner different from
Fairgrounds events, as certainly provocative of further conflict and legal action, when
an opportunity exists for a peaceful accord.
I trust the city and its various municipal officers and board members will regard
the Airport's application for grandfather exemption with care and circumspection.
Yours sincerely,,.
Leon W. Malinofsky, Jr.
71997 ra
LEON W. MALINOFSKY, JR.
ATTORNEY AT LAW
1 82 MAIN STREET DEPT
NORTHAMPTON, MA 0 1 060 - 3104
TELEPHONE (41 3) 584-7950 EMAIL LWM @Q MAP.COM
FAX(41 3) 582-1 865
15 July, 1997
Mr. Tony Patillo, Building Inspector
City of Northampton - City Hall
Main Street
Northampton, MA 01060
Re: Northampton Airport and pending request for "grandfather" exemption
Dear Tony,
I want to let you know, on behalf of my clients Dick Giusto and Russ Benjamin
of the Northampton Airport, Inc., that we have been most appreciative of your office's
support and accommodation regarding our request for nonconforming use
("grandfather exemption") status for specified types of events. I have spent a great deal
of time now studying the grant of a similar exemption to the Fairgrounds, and conclude
that issuance of the exemption is most warranted. I have not actually been to City Hall
as yet to look at the Fairgrounds' application and supporting evidence, but I think I
have received a good precis from my clients.
The subject I write about now is the Planning Board's apparent maneuvering to
hold a special meeting on the issue of airport events, with the seeming intention of
authorizing certain activities by means of a special permit or permits. We want to go
on record to the effect that is not the basis on which such activities should be
authorized. Instead, it should be the same class and status of exemption granted to the
Fairgrounds (the "grandfather" exemption). My clients find the council's attempt thus
to retain the power to impose conditions on these activities, and to revoke any
permit(s) outright, as legally suspect when compared to the Fairgrounds' case, and
demonstrative of denial of equal protection of laws. For this reason we ask that you
continue to support, or advocate, the grandfather exemption as you have been kind
enough to do in the recent past. We remain most grateful for your efforts.
Yours-s`in�cerer�(�----
Leon W. Malinofsky,Jr.