18D-004 (11) Page (2) Krimsky 8/1/87
used for this specific purpose within the provisions of page 5 -16. Paragraph
18 of the Northampton Zoning Ordinance . The referenced paragraph
permits by right "Commercial Motor Vehicle Maintenance, Garaging and
Parking Facilities " in a "GI" zone. Unfortunately terms like "Motor Vehicle
Maintenance" are not defined by the Zoning Ordinance and are therefore by
necessity left to your judgement for definition.
I did a little research while you were away to maybe help with the
decision process. I asked for an opinion from our City Attorney, Kathleen,
who in turn consulted with Larry Smith. Their initial reaction was that the
intention of 5 -16 (para 18) was to allow the garaging, storage, cleaning and
repair of fleet trucks and buses, such as the PVTA operation. Although they
felt that actual use we propose is probably the same with obviously much
less impact they didn't feel comfortable saying it should be allowed.
Kathleen proposed that if you were unwilling to grant the specific permit
originally requested, we should apply for a permit for a general renovation
for a permitted purpose. We could then move forward on construction being
careful not to build in any equipment ( such as auto lifts) which had no
general purpose. At the same time she suggested that we apply for a Special
Permit for the specific business in question . No -one can see any
reasonable reason for that process to result in anything but the granting of
the Special Permit. Naturally I hope that you will see your way clear to
issue the permit originally requested and spare me the tedious Special
Permit process.
You probably know that Bill Mock's business has been in operation for
almost twenty years without causing anyone any problems. It has a
reputation for being a clean and well run operation that has always complied
with the law. I wouldn't consider having it here if it wasn't that way. Bill
understands that no matter what form the renovation takes he will not
operate any business in the barn without specific permission of the
authorities. He is also willing to put the money into the renovation with the
understanding that his business use of the building is not guaranteed
I have enclosed two applications for building permits covering the two
possibilities. Please revue them and let me know how you feel I should
proceed.
Bill Krimsky
WILLIAM KRINSKY /[7)
NORTHAMPTON, MA 01060
( 413) 586 -4487
August 1, 1987
TO: Building Inspector
City of Northampton
RE: Renovating the Barn at 104 Damon Road.
Dear Ted,
After speaking with you in mid July about my options for renovating and
using the old barn I prepared a formal application for a Building Permit.
I decided not to submit it while you were away. It wouldn't have been
neighborly of me to saddle your assistant with making a decision that could
lead to complications in the future. Especially if it ended up that you had to
deal with those complications yourself.
I have two separate things to accomplish. The first is fairly routine. I
want to renovate the old storage and maintenance barn located behind the
Pioneer Sporting Center building and put it to some approved use. The east
wall of the barn is located ten feet from the boundary line separating my
land from the Drozdal property. Although there is an additional twenty foot
wide common right of way adjacent to that boundary, and even though it
conforms in every other way, I still consider the barn to be a pre - existing
non - conforming building by virtue of its location on the land. The outside of
the renovated building will be identical in shape and size to the existing
barn. The only visible difference will be a vastly improved appearance and
some changes in location and number of windows and doors. Such a general
building project is permitted. It is the second part of the request that
doesn't have a clear answer.
As you may recall Bill Mock wants to move his Commercial Car Cleaning
& Polishing business from his current location on Pleasant Street to my
renovated barn on Damon Road. His business deals exclusively with
Commercial Vehicles such as Rental Cars, Dealer's Vehicles for Resale,
Commercial Vans , Hearses , etc. There is absolutely no body repair,
mechanical work, engine repair, fueling, oiling, greasing, vehicle
cannibalizing or long -term vehicle storage associated with this business. 1
felt that it was appropriate to apply for a permit to renovate the barn to be