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35-029 (11) R DEC - 7 IN DEPT,OF BUILDING INSPECTIONS NORTHAMPTON,M . r . r T _2_ MORSE AND SACKS Mr. Cecil Clark November 24, 1982 their existing pit. If I can be of further assistance to you, feel free to contact me. Very truly yours, MORSE & SACK 4 By 1 H e roacksV HMS/cab cc : Bill Willard, Inc . 303 King Street Northampton, MA 01060 M \ JJ ALVERTUS J. MORSE (1872-1949) PHONE 584-1287 ALVERTUS D. MORSE (1904-1982) r ->j�� AREA CODE 413 HARLEY M. SACKS JOHN H. FITZ-GIBBON �,•" MICHAEL J.ZMACZYNSKI MORSE & SACKS ' Attorneys-at-Law 31 TRUMBULL ROAD !° G NORTHAMPTON, MASSACHUSETTS 01060 November 24 , 1982 Cecil Clark Building Inspector City of Northampton City Hall Northampton, MA 01060 In Re : Bill Willard, Inc . Dear Cecil, You have asked for a letter construing Sections 11-18 which appears on Page 11-4 and states "18 . Existing Operations . Any existing sand or gravel removal activity operating under a permit issued prior to the date of adoption of this ordinance may continue until the expiration of the permit. . . " and Section 4 . 3 that appears on Page 4-1 " . . . 4 . 3 - Existing Buildings and Land. This ordinance shall not apply to existing buildings or structures, nor to the existing use of any buildings or structure or of land, to the extent to which it is legally used at the time of the adoption of this ordinance. . . " It is clear to me that these two sections can be read harmoniously and as such to allow the Willard operation to continue. The Willard operation was continuing as a matter of right prior to the adoption of the ordinance. Accordingly, under Section 4 . 3 this ordinance shall not apply to existing land legally used at the time of adoption. That in and of itself seems very clear. Section 18 refers only to those operations which require a permit. These would be operations starting after the adoption of the ordinance or operations which did have specific permits granted before the adoption. As Willard falls into neither of these categories , it is allowed to operate as "grand- father" under Section 4 . 3. At such time as Willard were to expand their operation then Section 18 would apply and thereafter Willard would have to comply with the ordinance. Accordingly, I find no requirement that Bill Willard, Inc . come in under this section so long as they operate within the confines of x DEC - 7 !� DEPT.Of BUILDING INN . ', S NORTi#A;`0TON,'MA "`' Commercial Union Assurance Companies THE COMPANY ISSUING THIS BOND IS INDICATED BY THE FIRST LETTER IN THE BOND NUMBER AS FOLLOWS C= COMMERCIAL UNION INSURANCE COMPANY RENEWAL, BILL ? A= AMERICAN EMPLOYERS INSCWW""COMPANY & ± F =THE EMPLOYERS' FIRE INSURANCE COMPANY t CONTINUATION CERTIFICATE _ N;THE NORTHERN ASSURANCE COMPANY OF AMERICA IS BISHOP INSURANCE OF HAWAII,�`Iry,C. OBLIGEE CITY OF NORTHAMPTON kitiANCH 22. BOND -"%' '"J L J DESCRIPTION GRAVEL PERMIT BOND NUMBER AGENT NO. EFFECTIVE DATE TERM EXPIRATION DATE BOND AMOUNT. PREMIUM COMM. AGENT'S NAME AND ADDRESS PRINCIPAL'S NAME AND ADDRESS F- SORANSKI INC ALEX N r BILL WILLARD INCORPORATED P 0 BOX 417 t�84 N NORTHAMPTON MASS 01060 NORTHAMPTON MASS REX 5607t34t CONTINUATION CERTIFICATE IN CONSIDERATION OF the payment of the premium stipulated, this Bond is hereby continued for the further period stated, subject to all the agreements, provisions and conditions of the said Bond as well as those of any endorsement thereof, PROVIDED ALWAYS that the liability of the Surety Company under the said Bond and the continuations thereof shall not be cumulative, and that this Certificate shall not be valid unless executed by a duly authorized Attorney In Fact of the Surety Company. EX 7a2JOB �� M P A j j �j -) ,\ s IS fRAN _F I N Y (Na ofC any) 8Y: Elizabeth A. Sheehan (Attorney in Fact) j 60853-2 AGENT