23B-069 (5) 114 SOUTH MAIN ST BP- 2009 -0439
GIS #: COMMONWEALTH OF MASSACHUSETTS
Map:Block: 23B - 069 CITY OF NORTHAMPTON
Lot: -001 PERSONS CONTACTING WITH UNREGISTERED CONTRACTORS
Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A)
Category_ BUILDING PERMIT
Permit # BP- 2009 -0439
Project # JS- 2009 - 000590_
Est. Cost: $42000.00
Fee: $252.00 PERMISSION IS HEREBY GRANTED TO:
Const. Class: Contractor: License:
Use Group: Homeowner as Contractor
Lot Size(sq. ft.): 20821.68 Owner: DENIG NANCY WATKINS
Zon._n :Utz ;(100)/` Applicant: DENIG NANCY WATKINS
A T:..114_ SOUTH MAN ST
App_iica.1t _Address: Phone: insurance:
114 SOUTH MAIN ST (413) 584 -9272 0
FLORENCEMA01062 ISSUED ON: 3/25/7009 0:00:00
TO PERFORM THE FOLLOWING WORK:RENO BARN,ADDITIONAL SUPPORT TO
CARRYING BEAM, 2ND FLR ART STUDIO /WORKSHOP. Not a Dwelling or sleeping unit; recorded
use letter prior to final inspection.
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Inspector of Plumbing -- .• °Inspector of Wiring D.P.W. Building Inspector
Underground: Service: Meter :. _
Footings;
Rotigh:6. f .( .Rough:6,40—GCt House # Foundation:
Driveway Final:
Final `5"'/D G' Final: / �" ..& v 6 �✓
P \ / • Rough Frame: g
G as: C 3„ . Fire Department Fireplace /Chimney:
Rough7i /8= Oil: insulation:OK
Final: 1 J W 01 moke: Final: e k 9 - 7'- / 0 c O
THIS PERMIT MAY BE REVOKED BY THE CITY OF NO HAMPTON UPON VIOLATION OF
ANY OF ITS RULES AND , RE • /Ap`
..
Certificate of , ,. gnature:
FeeType:, Date Pait : Amount: •
Building 3/ 25/2009 0:00:00 5252.001537
. 212 Main Street, Phone (413) 587-1240, F<.x: (413) 587 -1272
Building Cotrimissionet - Anthony Patillo
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December 15, 2010
Nancy Watkins Denig
114 South Main Street
Florence, MA 01062
Subject Property:
Studio /Workshop at 114 South Main Street
Remodeled under BP- 2009 -0439
Ms. Watkins Denig
The building permit issued for this project can not be closed out nor a CO issued until there is proof of a
recorded letter stating that the Studio /Workshop is not and will not be used as sleeping quarters. Proof
of the recorded document is required to be delivered to the building department.
Without the final CO use of the structure is in violation of 780 CMR :
780 CMR 120.0 CERTIFICATE OF OCCUPANCY
120.2 Buildings or Structures Hereafter Altered.
A building or structure, in whole or in part, altered to
change from one use group to another, to a different
use within the same use group, the maximum live
load capacity, or the occupancy load capacity shall
not be occupied or used until the certificate shall
have been issued certifying that the work has been
completed in accordance with the provisions of the
approved permits and of the applicable codes for
which a permit is required. Conformance to all
applicable Specialized Codes is a requirement of the
issuance of the Certificate of Use and Occupancy,
including, when applicable, 310 CMR 7.00,
310 CMR 15.00, 310 CMR 22.00 or 310 CMR
30.00.
Charles Miller
Assistant Building Commissioner
c-7174_1a.l. ZZ€ ) L3-9 = C I -5
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> • On Mon, Aug 13, 2012 at 12:48 PM, <[LINK: mailto:nancy @denig.net]
> nancy @denig.net> wrote:
> Hi Carolyn,
> • Between vacation and taking on new two projects for Smith College, I'm
> only now getting back to you on the usage
> issue for my carriage house. Apologies.
> • You had asked my about its kitchen and - yes - there's a new and
> improved one still there. My question for you is
> what's the process for having its apartment usage grandfathered?
> Thanks, Nancy Denig
> P.S. Please take note of my new email address: [LINK:
> mailto:nancy @denig.net] nancy @denig.net.
https:// mbox. server286 .com /readmessage.php ?msg =33 &folder =Inbox 1/2
> -----Original Message- -
> From: Carolyn Misch <cmisch @northamptonma.gov>
> To: nancy @denig.net
> Subject: Re: Carriage House
> Sent: Aug 13 '12 13:15
> • H Nancy -
> If there is a kitchen in there and t has been there going back in time
> 1975 for sure, possibly later) -- then it could be grandfathered for use as
> an apartment.Depending on how old (or how long it has been there) it might
> not have the size restriction for accessory units.
> • Besides the mortgage plot plan showing an apartment, do you have any other
> evidence about when the kitchen or unit was installed?
> -Carolyn
On Wed, Aug 15, 2012 at 9:54 AM, < nancy @denig.net> wrote:
Hi Carolyn,
Sorry, but that's the only hard evidence I know of. In retrospect, I should have photographed the place before
beginning my rehab; before and after pictures would have been dramatic.
The building itself is the same 1860's vintage as the house, almost certainly a carnage house in its earliest iteration.
The modernized apartment would be 842 sf.
How would you advise taking it from here?
Best, Nancy
From: + Carolyn Misch <crrisch @northarrptonma.gov> (Added to Address Book)
To: nancy @denig.net
Sent: Aug 15'12 10:15
Subject: Re: Carriage House
Encoding: USA / Western European (ISO 8859 - 1) 1--;] — +T
Delete Print View Source Download
Reply I Reply All I Forward I Forward as Attachment I Put in Folder (+J
Show Headers
I guess you have to pitch it to building dept in writing. It wouldn't be a : grandfathered accessory apartment as it doesn't meet the setbacks.
It would simply be a grandfathered unit. Bring a documentation you have about the kitchen etc with your application.
Nancy Denig
On Jul 20, 2012, at 3:59 PM, "Nancy Denig" <ndenig(i?denigdesign.com> wrote:
Hi Carolyn,
I left a copy of the plat plan of my property at 114 South Main Street (Florence) at your office
yesterday, hoping you might advise.
According to the plat, my carriage house (aka barn, garage) had an apartment as of 1978. No
surprise, given its size and location.
We've talked before about the fact that changing a building's use would require a 15' side
setback in addition to a special permit, precluding, presumably, the possibility of an apartment in
the future. By right, I'm using the space as an office now. My question is whether, on the
strength of the apartment use cited on the plat, (ie. not a change of use) I might be eligible for a
special permit for an apartment at some time in the future, after all. It would be good to have that
option open.
Thank you for your attention in this matter,
Nancy W. Denig
1
Subject: Re: plat plan
Hi Nancy I did see the plat plan. Is the kitchen still in the barn or was it removed? If it was never removed then
you can continue the "grandfathered" use of the apt with its nonconforming setback. Otherwise, it would not be
allowed unless the zoning changes because the use would have been considered extinguished with removal of
the kitchen.
Carolyn
Sent from my iPhone
I MOITGAGE LUAIN 11N 1 .LU 1 1U1N
THIS PLAT IS FOR IDENTIFICATION PURPOSES ONLY AND DOES NOT CONSTITUTE A PROPERTY SURVEY
W/F GARAGE
.
& APARTMENT
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____
I / PORCH
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I I 2 STORY -
�.i I 1 W/F HOUSE
o H I > I — '
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I m I PORCH (A
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117.47'±
SOUTH MAIN STREET
THE PREMISES SHOWN ARE SUBJECT TO AND /OR TOGETHER WITH THE
BENEFITS OF ANY AND ALL EASEMENTS, RIGHTS, CONDITIONS, COVENANTS,
AGREEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD.
TO THE N / A AND THE FIRST AMERICAN TITLE INSURANCE COMPANY — ONLY
To my knowledge, information and belief, from information supplied to me, I hereby report that the premises have been examined and that
this inspection plat shows the improvement or improvements as located on the premises described, that the improvement or improvements
are entirely within lot lines, that there are no encroachments upon the premises described by the improvement or improvement of any
adjoining premises, and that there are no easements of record affecting the tract shown hereon, except as shown. �"`,.
YiAAtOF
Nancy W. Penig
114 South Main Street
Florence, Massachusetts 01062 -1938
August 21, 2012
Office of the Building Commissioner
Puchalski Municipal Building
212 Main Street
Northampton, MA 01060
Re: Carriage House Certificate of Occupancy
Dear Sir or Madam,
I applied for a certificate of occupancy some time ago as reconstruction
work was being finished up on my carriage house at 114 South Main
Street in Florence. I was told, at the time, that though it could be used as
an office, the house could not be used as a residence because it didn't
conform to the 15' side yard setback requirement. I didn't follow up by
filing such use restriction because it belied how the building was used in
the past.
I have, since then, found the attached plat plan in my files, which
documents the building as a "W /F Garage and Apartment." Before coming
back to your office, I sought zoning interpretation from Carolyn Misch in
the Planning Department, as documented in the attached e-mails (which I
have re- arranged in chronological order for your reading convenience). As
you will see, she believed the building may be grandfathered for
continuing residential use, pending your approval.
In light of the above, I hereby request your agreement with Ms. Misch's
opinion and issuance of a certificate of occupancy without residential use
restriction. Thank you for your attention in this matter.
Sincerel , /
t,
Nancy W. Denig, t)1144
Owner
P.S. The attached plans and recent photos provide further documentation
that you might require. As you will see, the kitchen is a work in progress
and the second floor has been finished for use as a temporary office, in the
meantime.
Copy: Carolyn Misch, Planning Department
4 Di v 4II
'a-AA
1�1�11M Y � 4 �� ' �
a!
City of Northampton
Massachusetts
`k y DEPARTMENT OF BUILDING INSPECTIONS w '>
Cifi 212 Main Street • Municipal Building
,i Northampton, MA 01060 „•, .
Sv ;: +� f , }•!} a te,^
Nancy Denig
114 South Main Street
Florenc _ ! A 01062
August 23, 2012
23B -069
re: Residential . e of barn at 114 South Main Street
Ms Denig,
I have reviewed your request for a certificate of occupancy for the barn on your property at 114 South Main Street
in Florence that includes allowing a residential use.
I must decline your request. The barn may have been used as a dwelling unit in the past but based on the
information I have, the nonconforming use has been abandoned.
The City of Northampton Zoning Ordinance states,
ABANDONMENT
The cessation of a nonconforming use as indicated by the declared or otherwise apparent intention of an owner to
terminate a nonconforming use of a structure or lot; or the removal of characteristic nonleasehold equipment used in the
performance of the nonconforming use without its replacement within six months by similar equipment or furnishings; or
the cessation of a nonconforming use or structure caused by its replacement with a conforming use or structure. A
nonconforming use which has been abandoned for a period of two years cannot be reestablished. (See also the definition
of "discontinuance" below.)
DISCONTINUANCE
The cessation of a nonconforming use unless evidence is provided that the property has been actively and continuously
marketed during such time and said marketing has contemplated the continuation of the nonconforming use. A
nonconforming use which has been discontinued for a period of two years cannot be reestablished. (See also
"abandonment" above.)
Further, Massachusetts General Law, Chapter 40A section 6, paragraph 3 states:
A zoning ordinance or by -law may define and regulate nonconforming uses and structures abandoned or not used for a period of
two years or more.
I base my determination on information provided by the Northampton Assessor's office, by the information
available in our files, by the terms of building permit number BP- 2009 -0439 issued by our office in March of 2009 and
the letter from our office to you dated December 15, 2010 regarding the 2009 permit.
Respectfully,
Louis Hasbrouck
Building Commissioner
City of Northampton
(413) 587 -1240
Ihasbrouck(a�northamptonma.gov