90 Pomeroy Decision Request for enforcement 2012-12-03 (3)
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