32A-201 Complaint Response 2015-01-05
M. Francisco Palomo
42 Phillips Place
Northampton, MA 01060
re 51 Phillips Place 32A-201
January 9, 2015
Dear Mr. Palomo,
I have considered your request that I rescind the building permit to construct a two family dwelling at 51 Phillips Place that I issued in December 2014. I respectfully decline to take
action on your request.
One of the conditions of the Planning Board site plan approval for the project required that a portion of the abutter’s driveway that is on the 51 Phillips Place property be removed
before the building permit was issued.
In consultation with Carolyn Misch, the city senior planner, we agreed that the condition concerning the driveway could be modified, administratively, to prior to certificate of occupancy.
I believe this modification is minor in nature and appropriate as an administrative action. The original condition was imposed to ensure that the parcel at 51 Phillips Place, once developed,
meets the zoning requirements for open space, and to remove the second “curb cut” created by the driveway trespass. These conditions can be enforced prior to the certificate of occupancy
with exactly the same ultimate results and issuing the permit at this time does not change the result of the original decision.
On January 8th, the Planning Board discussed my decision to issue the building permit before the section of driveway is removed. They did not object to that modification of the site
plan approval.
Massachusetts G.L. 40A, §§ 8 and 15 provide for appeals. The appeal must be taken within 30 days of this decision. An appeal under § 8 is made to the permit granting authority; in Northampton,
the Zoning Board of Appeals. More information about the appeal process is available from the Office of Planning; (413) 587-1266.
Respectfully,
Louis Hasbrouck
Building Commissioner
City of Northampton
(413) 587-1240
lhasbrouck@city.northampton.ma.us
cc Office of Planning and Sustainability