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22B-008 (40) CITY of NORTHAMPTON OFFICE of PLANNING and DEVELOPMENT MEMORANDUM TO: Ted Tewhill, Building Inspector/Zoning Enforcement Officer S FROM: Lawrence B. Smith, Planner SUBJECT: Zoning Complaints DATE: March 19, 1984 FILE: I am continuing to get complaints regarding the automotive repair establishment being operated on the westerly side of Spring Street, just opposite it's intersection with Meadow Street, in Flroence. As we discussed some months ago, such a use requires a Special Permit in a General Industival Zone, which this facility has never applied for, nor received. At that time, you informed me that the offending party had told you that they were misinformed by their Realtor that such a use was permitted on that lot. You in turn stated that you informed the party that a Special Permit was necessary and that they should apply for one, but that you would let them continue operating until the Zoning Board of Appeals rendered a decision on their Special Permit Application. To date, many months later, no Special Permit has been applied for and the illegal activity is continuing at a greater rate than ever. It appears to me that the offending party has taken advantage of your good natured generosity, and in turn is jeopardizing your integrity and responsibility as Zoning Enforcement Officer of the City of Northampton. I would suggest that you now issue the offending party a formal Violation Notice odering him to cease and desist his illegal activity within a reasonable time period (either immediately,or 14 days at the latest) . The offending party of course has the option of Appealing your refusal to issue him a Zoning Permit, or can file for the required Special Permit. The party should not be allowed to continue with the illegal operation until such Appeal or Special Permit has been granted because, remember, Zoning does two things; it controls uses and densities; and protects abutting property rights. To allow this illegal use to continue would violate the Zoning Ordinanc s ect With regard to another matter, a few months ago you asked me to accompany you to inspect a complaint filed by Lou Abbate (of Middle Street) regarding the Toad's Kin auto- motive repair establishment at the corner of Middle Street and Chestnut Street in Florence. At the time we found a number of junk vehicles on the property, with additional cars parked on the street and on the sidewalk. As I recall, you suggested to the proprietor that he remove the cars from the street and screen the junk vehicles from view, and that that might placate the aggrieved abutters. I pointed out to him that this was indeed letting him off easy as I felt that it was questionable whether he has legally in operation in that Zoning District at allas I believed, even as an accessory use, he should have received a Special Permit. I drove down Middle street a few days ago and found the situation to be worse than T. Tewhill March 19, 1984 -2- ever. The street was reduced to one lane due to the number of cars parked on both sides of the street. Cars were still parked on the sidewalk. There were about two dozen junk vehicles (parts cars) parked on the lot. No additional screening had been put up. It appears obvious that the individual has no intention of conforming to any regulations, requirements or suggestions. I feel that the Toad's Kin operation is in violation of the Northampton Zoning Ordinance. The use is in a General Business Zone which requires a Special Permit for automotive repair establishments. It is my understanding that no such Special Permit has ever been granted for such a use in this structure. It is also my understanding that there has been no such : pre-existing nonconforming use in this structure. The use cannot be considered to be an 'Accessory Use' as it doesn't meet the statuatory requirements under the Northampton Zoning Ordinance. In order for it to be considered an 'Accessory Use' the Northampton Zoning Ordinance requires (as stated under the definitions of Use, Accessory and Use, Principal) that it must be: supplementary, incidental and sub- ordinate to the principal use; must not exceed forty (40) percent of the area of the total use of the structure and/or lot on which it is located; and such use must be permitted under this Ordinance. Automobile repair establishments are not permitted in GB Districts without a Special Permit, thus such an 'Accessory Use' must also receive a Special Permit. To interpret it otherwise would be ludicrous as you would thus be allowing any single-family dwelling to operate an automobile repair establishment out of it'-s garage, as a matter-of-right. I would strongly recommend that you issue Toad's Kin a formal Violation Notice ordering them to cease and desist with their illegal activity. The offending party of course has the option of Appealing your zoning determination or they can file for the required Special Permit (the Special Permit could stipulate conditions which could negate or significantly reduce the obnoxious intrusion of this use on the abutting residential neighborhood) . I do not feel that the party should be allowed to continue with the illegal activity until such an Appeal or Special Permit has been granted as, remeber, Zoning does two things: it controls land uses and densities; and protects abutting property rights. To allow this illegal use to continue would, I feel, grossly violate the Zoning Ordinance in both respects. If you want to discuss this further, or want additional advice, please don't hesitate to call me.