29-495 public comment by George Danziger #16/5/23, 11:48 AM City of Northampton Mail - Public Comment Special Permit 405 Ryan Rd Map ID 29-495
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Nathan Chung <nchung@northamptonma.gov>
Public Comment Special Permit 405 Ryan Rd Map ID 29-495
1 message
George Danziger <gdanziger@gmail.com>Sun, Jun 4, 2023 at 4:56 PM
To: nchung@northamptonma.gov
1. Mr. Andrikidis without consultation or notice to the Sawmill Hills Realty Trust removed the existing single wire fence
marking off the line between his property and the common property owned by Sawmill Hills Realty Trust of which I am a
member and a Trustee. In the course of construction of his pool and pool buildings he operated and stored a backhoe on
Trust land, damaged vegetation (bushes and trees) and disposed of construction waste on Trust Land.
2. It was obvious to the Trustees that given the restricted area available to Mr. Andrikidis, the construction he had
undertaken in his yard could not be easily completed without disturbing some small part of the Sawmill Hill Realty Trust
land. While we, the Trustees, would have much preferred that Mr. Andrikidis had asked permission prior to taking down a
property line fence and making free use of Trust land, we still had confidence that he would restore the damage to Trust
property as carefully as he would landscape and finish his own property when his project was complete. We chose to
stand back, allowing him to proceed without comment or interference with the expectation that he would honor his
obligation to make good on his use of Trust property without our having to point out the obvious to him. It should be
noted that the excellent finished appearance of the front of 405 Ryan Rd. which Mr. Andrikidis has recently renovated and
the manner in which he has proceeded to upgrade and improve the rest of his property gave us confidence that left to his
own devices he would do the right thing.
3. Regardless of the above, it is clear from the manner in which Mr. Andrikidis has laid out the proposed fencing that he is
not aware of MA General Laws Chapter 49 titled Fences, Fence Viewers, Pounds and Field Drivers or the proper order of
events set in law and practice which is to first obtain permits, then begin construction. While he is applying for a Special
Permit to erect an 8.5' fence on or very near the property line between his home at 405 Ryan Rd. and his abutter at 415
Ryan Rd. he has already begun construction of that fence and a 6' fence on or very near the property line between his
property at 405 Ryan Rd and that of the Sawmill Hills Realty Trust. This appears to be a violation of building codes as a
permit for a fence is required prior to construction of the fence. Furthermore, and much more important is that MA G.L.
49 Section 3 states "The occupants of adjoining lands enclosed with fences shall, so long as both of the them improve the
same, maintain partition fences in equal shares between their enclosures, unless they otherwise agree." Mr. Andrikidis
has not informed the Trustees of the Sawmill Hill Realty Trust or to my knowledge any owner within the Trust of his
proposed (and already under construction) fence affecting Trust land. Further, it has come to my attention that the
owners of 415 Ryan Rd. are adamantly opposed to the design, height, and placement of the fence being built by Mr.
Andrikidis that is either on or very near their common property line.
4. Placement of either of these fences on the common property line with abutters by Mr. Andrikidis could create per MA
G.L. 49 Section 4 an obligation for abutters to pay for one-half of the cost of the fence construction and maintenance in
perpetuity. This reinforces the logic of Section 3 of this Chapter that there must be agreement between abutters prior to
any construction of a fence on a property line. Absent any such agreement, it appears that it exceeds the authority of the
City of Northampton to issue a permit for construction of a 6' fence along the property line between 405 Ryan Rd. and the
land of Sawmill Hills Realty Trust, and it appears that it exceeds the authority of the Northampton Zoning Board of
Appeals to issue a special permit for construction of anything taller than a typical 6' fence or, in fact, a permit for a fence
of any kind that is actually on the common property line between 405 and 415 Ryan Rd.
5. Mr. Andrikidis has the option of obtaining a permit for a fence of up to 6', essentially by right, so long as said fence is
constructed well back from the common property lines, is to be constructed entirely and maintained entirely at his own
expense, and constructed of common fencing materials in a conventional design. Furthermore, it remins possible that
following discussions among the abutters that an agreement could be made between them to allow him to construct
fences of a mutually acceptable height and design on the common property lines if he agrees to provide a document to be
filed at the registry of deeds executed by all the involved parties attesting to the design and that he will assume all costs
of construction and maintenance of said fences in perpetuity and that this obligation will run with the property and not be
extinguished with sale or any other transfer of the property. It is clearly the intent of MA G.L Chapter 49 that such an
agreement precede application for a fence permit and, of course, any issuance of a special permit by the ZBA.
6. Mr. Andrikidis has requested a special permit to install an 8.5' high fence along 114' of the boundary between his
property at 405 Ryan Rd and his neighbor at 415 Ryan Rd. There is considerable history of animus between the parties
to which Mr. Andrikidis admits and cites as the reason he wants to build the proposed fence. There is no agreement
between the parties for construction of this fence, and MA G.L. 49 Section 21 explicitly states that "A fence or other
6/5/23, 11:48 AM City of Northampton Mail - Public Comment Special Permit 405 Ryan Rd Map ID 29-495
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structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained
for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. Any such
owner or occupant injured in the comfort or enjoyment of his estate thereby may have an action or tort for damages under
chapter two hundred and forty-three." It is wholly inappropriate for the Zoning Board of Appeals to issue a special permit
for construction of what is obviously a "spite" fence which will inevitably lead to lawsuits by the affected parties and will as
sure as night follows day end up with the ZBA and the City of Northampton being named as responsible in part at least for
damages to one or both of these property owners for its failure to follow the spirit and intent of MA G. L. Chapter 49.
7. The design proposed by Mr. Adrikidis for 114' of 8.5' high fence to be built on or very near the property line between
405 and 415 Ryan Rd. is neither conventional in design nor made of conventional materials. It appears to be pre-finished
white metal roofing in frames of Mr. Andrikides' fabrication. I as an individual and as a Trustee of the Sawmill Hills Realty
Trust object to this design. It will draw attention to itself, impose itself on the viewscape and be, in general, a detriment to
the neighborhood. The law restricts even 6' fences which can be erected essentially by right to conventional materials
and designs. The special permit sought by Mr. Andrikidis should be denied by the ZBA on the grounds of the proposed
design alone above and beyond any other defects the ZBA may find with the application.
8. Much is said in MA G.L. 49 of the role and responsibilities of "fence viewers" in such matters. The City of Northampton
is required by law to have two fence viewers who should have been involved in this matter from the start of any
discussion and to whom the matter should have been referred before the ZBA allowed the public hearing to be put on the
schedule. There are facts that need to be ascertained by independent persons that must be taken into account by the
ZBA. Who are the Northampton fence viewers, what has been done to ascertain the facts, and how can the public and
abutters become aware of these facts?
--
George Danziger
413-218-1008
31 Tara Circle
Florence, MA 01062