32A-201 Zoning Compalint Driveway 2014-12-31--:~rf~~
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42 Phillips Place
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Electric, Plumbing & Gas Inspections Northampton, MA 01060
Northampton, f,1A 01060 December 31,2014
touis Hasbrouck
Building Commisioner
Puchalski Municipal Building
212 Main Street
Northampton, MA 01060
Re: Planning Decision PLN-2015-0009
51 Phillips Place
Dear Mr. Hasbrouck:
This in regards to your last communication dated December 29,2014. In the said
communication you stated that Carolyn Misch and you "agreed that we could postpone the
requirement that the driveway be removed until the certificate ofoccupancy."
Briefly, Mass. Gen. Laws Ch. 40A, §§ 9 and 11, govern the issuance ofSpecial Permits
and their enforcement. Once the Planning Board has rendered its decision and it has been
duly filed with the City Clerk, it can only be modified, changed or amended by an appeal to
Superior Court, pursuant to MGL Ch. 40A, §17, or by the Planning Board itself following
furthet ptl.blic heatii1g(s). Ifa '{fatty is diSsatisfied With the tetttis ofthe Plantiit1g ]3tlutds
decision, their remedy is to file an appeal to Superior Court, pursuant to MGL Ch. 40A, §17.
The Planning Board's October 16, 2014, decision specified, inter alia, that:
• Prior to issuance ofa building permit, the applicant shall notif¥ Office of
Planning & Sustainability and arrange a site meeting with staff and the surveyor
on site to stake the property pins as well as the building comers. Building
corners shall be located so that no portion of the building faeade shall extend
beyond the 10' setbacks. (Emphasis added)
., Priof to isslliltlce ofa 15iliH:lifig peftfilt, the ifnpeMotiS iitea oflli'iveWliY ft'(jifi
neighbors property shall be eliminated from the subject parcel.
Inasmuch as no appeal from that·order was pursued, Planning Decision PLN-2015-0009
became fmal and absolute.
As Building Commissioner you are obligated to enforce the Planning Board's decision
as duly recorded with the City Clerk. Neither you nor Ms. Misch have authority to sanction a
deviation from that order. Only the P1anning Board may do so, and then only after a duiy
noticed public hearing has been convened and a vote taken thereon. I am hence, pursuant to
MGL Ch. 40A, §7, requesting that you enforce, as written, Planning Decision PLN-2015
0009, issued and filed on October 16,2014, and rescind any and all building permits issued
until the terms ofthe said Planning Decision have been complied with.
Cc: Carolyn Misch
James Nash