90 Pomeroy Decision Request for enforcement 2012-12-03 (2)City of Northampton
Massachusetts
DEPARTMENT OF BUILDING INSPECTIONS
212 Main Street ● Municipal Building
Northampton, MA 01060
Benjamin A. Barnes, P.C.
64 Gothic Street
Northampton, MA 01060
Re: 90 Pomeroy Terrace
December 3, 2012
Dear Attorney Barnes,
I have reviewed your request for enforcement dated November 28, 2012 relating to building
permit number BP-2013-0457, issued to construct an addition to the multi-family residential building at
90 Pomeroy on November 19, 2012.
You contend that the permit was issued in error, in that the permit allows construction of a
structure which will be a separate building and not an addition to the existing residential structure. You
contend this would create 2 principal buildings on a single parcel, resulting in a violation of the city
zoning ordinance, and ask that I revoke the permit or issue a stop work order.
I have reviewed your request. I have determined that the “existing deck” on the existing building
is a part of that building and that the proposed construction, because it abuts and is in contact with the
deck, will becomes part of the existing structure and is therefore an addition.
This interpretation of the zoning ordinance has been used consistently for many years. The
ordinance definition of “Building” (350-2.1) simply establishes the basic requirements for a structure to
be considered a building. This definition is not meant to limit the extent of a building, nor is it meant to
exclude from the “Building” portions that are not within its exterior walls. Similarly, the ordinance
definition of “Building, Attached” does not exclude portions of the building beyond the exterior walls.
I will not revoke the building permit or issue a stop work order at this time. You have the right to
appeal this decision in accordance with M.G.L. 40A § 8.
Respectfully,
Louis Hasbrouck
Building Commissioner
City of Northampton
(413) 587-1240
lhasbrouck@city.northampton.ma.us