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45-058 Ward 3 Letterward three neighborhood association - Northampton, MA r great neighbors visit us at www.wardtlirce.com great Date: September 21, 2009 To: Anthony Patillo, Building Commissioner From: - The Board of Directors of the Ward 3 Neighborhood Assoc. CC: Mathias Duda, Northampton Soccer Club, Western United Football Club, Wayne Feiden-Office of Planning and Development, David Bloomberg-ZBA, Mayor Clare Higgins, Jennifer Remillard RE: Concerning the Enforcement of the Special Permit granted to Western United Football Club and Northampton Soccer Club Dear Mr. Patillo, The Ward Three Neighborhood Association has been following the problems on Island Road closely. Some of us attended the ZBA hearing on the Ms. Remillard's appeal. We have also had extensive conversations with the neighbors, representatives of both soccer leagues and OPD. We are a non-partisan organization devoted to facilitating dialogue within the city and working to resolve issues within our ward. The Zoning Board of Appeals held on August 6, 2009 (Hearing ZBA- 2009-0012) that "enforcement of the requirement to use the auxiliary parking lot as requested by the appellant and as required by the special permit was appropriate". We observe that the Special Permit (PLN-2007-062) was granted on the condition that the applicants shall use an "off-site parking area" for 60 cars. Further, in August 2008 the Planning Board asked your office for enforcement of the condition and offered guidance relative to the use of the off-site parking area by stating that "at least 50% of the cars should be parking in the satellite parking lot." We now petition your office to enforce the above condition. We understand that issuing an order barring all use of the fields would be excessive. We therefore request that your office devise an alternate method of enforcement for the condition. Perhaps a monetary fine for every date of non-compliance, or some other creative solution, would coax compliance with the condition without resorting to barring all use of the fields. We appreciate that your office has limited time and resources and that monitoring the dates, times, and extent of non-compliance may be beyond the capacity of your department. We therefore ask that you specify what evidence your office would accept relative to this matter. For example, we believe that many of the neighbors of Island Road could provide sworn affidavits regarding usage at specific dates and times. The soccer leagues provide a valuable service to the children of our City and nearby communities. However, we believe that the neighbors of Island Road have been saddled with increased traffic. We ask you to determine what criteria you will use to determine compliance with the ZBA decision, to explain clearly to the residents and the soccer leagues how you plan to monitor compliance and to spell out what the consequences of non-compliance will be. On behalf of the Board of Directors, Gerald Budgar, Pr ident