25-026 (8) City of Northampton
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May 26, 2022
Richard H. Watling
129 Riverbank Road
Northampton, MA 01060
RE: ORDER TO REMOVE STRUCTURE
129 Riverbank Road
Map 25, Lot 26
Dear Mr. Watling:
This letter constitutes an Order to remove the garage structure partially constructed on the above-
referenced property. The basis for this Order is as follows.
In March 2019 you submitted a Zoning Permit Application to the Northampton Building
Department to construct an addition to the single-family residence on your property. You were
informed both by email and by the issuance of a Building Permit Checklist that you would need
a special permit under section 350-9.3 of the Northampton Zoning Ordinance in order to
construct the addition.
Despite being informed of the zoning relief you would need to build the addition,you
commenced construction without the benefit of a special permit or a building permit. On May
12, 2020,the Building Department posted your property with a Stop Work Order. In May 2020,
you applied for both a building permit and a special permit. You requested several extensions of
the hearing on the special permit. Meanwhile you continued your illegal construction. The
Building Department issued two subsequent Stop Work Orders on August 10, 2020, and
September 15, 2020. On both occasions, the Building Department issued Massachusetts Non-
Criminal Building Code Violation Notice, Ticket Nos. B051-010501 and B051-010502, which
imposed a fme of$100 for a first violation of the State Building Code and a fme of$500 for a
second violation of the State Building Code,respectively. You neither appealed nor paid either
Violation Notice.
In the hearing before the ZBA on the special permit you represented to the Board that you had an
agreement to purchase a strip of land from an abutting landowner. You filed an ANR plan with
the Board showing the strip of land to be conveyed to you. On or about September 14, 2021, the
ZBA issued a special permit finding allowing the proposed addition subject to the following
condition:
The applicant shall record the deed transfer as shown in the ANR within 45 days of this
decision date. If the applicant fails to record the deed transfer within 45 days, this permit
shall expire and be null and void.
You failed to procure the adjoining land within 45 days, as required by the special permit, and
you have not acquired the land to date. As such,the special permit has expired by its terms, and
it is null and void.
Based upon the foregoing, the garage structure was constructed in violation of both the State
Building Code and the Northampton Zoning Ordinance. You are hereby ORDERED to remove
the garage structure from the property at 129 Riverbank Road commencing no later than 48
hours from your receipt of this Order. You must continue such removal diligently and without
interruption, and you must complete the removal within 30 days of this Order.
Failure to abide by this Order will result in the filing of an enforcement action in Hampshire
Superior Court without further notice seeking to enforce the payment of the fines assessed for
violation of the State Building Code and for injunctive relief ordering the removal of the illegal
structure. In addition, the city will seek reimbursement for the costs and fees, including
attorneys' fees, incurred in enforcing the building and zoning codes.
Very truly yours,
P
•nathan Flagg
Building Commissioner
Cc: Wayne Feiden, Director of Department of Planning and Sustainability
Carolyn Misch,Assistant Director of Department of Planning and Sustainability
Alan Seewald, City Solicitor