90 Pomeroy 40A-7 request BarnesBenjamin A. Barnes, P.c.
LAW OFFICES
64 Gothic Street, Suite 6
Northampton, Massachusetts 01060-3547
(413) 584-0368
FAX (413) 5&5-5125
www.BamesLaw.com
Writer's Email:
BAB@BarnesLaw.com
28 November 2012
Mr. Louis Hasbrouck By Hand Delivery
Building Commissioner
City ofNorthampton
212 Main Street
Northampton, Massachusetts 01060
Re: 90 Pomeroy Terrace BP-2013-0457 (Unit 6)
M.G.L.A. Chapter 40A, Section 7, Request for Enforcement
Dear Building Commissioner Hasbrouck:
I represent Holly L Graham (90 Pomeroy Terrace, Unit 1), Amelie Hastie
(90 Pomeroy Terrace, Unit 3), William T. Wroblicka (90 Pomeroy Terrace, Unit 4), and
Marta R. MacDonald (90 Pomeroy Terrace, Unit 5).
Please consider this letter a Request for Enforcement of the Zoning Ordinance by
either revoking permit BP-2013-0457 or issuing a Stop Work Order on that permit. The
permit issued on November 20, 2012 and allows the permittee to "CONSTRUCT A 2
STORY ADDITION (UNIT 6) & ATT 24 X 24 GARAGE."
The plans submitted in support of the permit show the north wall of the new building
touching the south edge of an "existing deck." I have observed this deck as it stands today,
fully supported at the level of the second story of the principal structure shown as "Building
A." The new construction is not necessary to support this deck nor will this deck be
accessible from the new construction. The new construction will be more than five feet
distant from Building A.
The word "addition" is not defmed in the Northampton Zoning Ordinance. What is
defined are "Building" and "Building Attached."
"Building" is defined as: "A combination of any materials, whether portable or fixed,
with or without a roof, enclosed within exterior walls or fire walls, built to form a structure
for the shelter ofpersons, animals, or property."
Mr. Louis Hasbrouck
28 November 2012
Page 2 of2
"Building Attached" is defined as: "A building having any portion of one or more
walls in common or within five feet of an adjacent building."
It appears under the Northampton Ordinance that an "addition" to an existing
building, such as Building A on the above referenced plans, would have to be both a
"Building" and a "Building Attached." The permitted construction (Unit 6) appears to be a
"Building" but it is not "within five feet" of Building A, nor does it share "one or more walls
in common." In fact, it shares no walls in common and will not, as the existing deck is just
that and requires no additional support. The "existing deck" is not part of Building A. It is
not enclosed within exterior walls. The new residential construction of Unit 6 is not a
"Building Attached." Accordingly, as a residential building with an intended use identical to
that ofthe principal building on the site (Building A), the residential portion ofthe permitted
construction would become a second principal building on the site. This is not allowed.
Please enforce the Northampton Zoning Ordinance and revoke the permit BP-2013
0457 in its entirety, or issue a stop work order with respect to the residential portion of the
permitted construction.
Please send your Section 7 response to this Request for Enforcement to Benjamin A.
Barnes, 64 Gothic Street, Suite 6, Northampton, Massachusetts 01060, within 14 days of this
date, on or before December 12,2012.
Sincerely,
BAB/rjm
cc: Linda S. Mueie
David C. Bloomberg, Esq.
Ms. Graham
Ms. Hastie
Mr. Wroblicka
Ms. MacDonald