35-175 (11) • �•
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7
ORDER
The decision of the Northampton Zoning Board of Appeals filed
with the City Clerks ' Office, Northampton, Mass. , and May 16, 1988
granting a variance to Robert E. and Joan A. Racicot from the
provisions of the Zoning Ordinance of the City of Northampton for
the purpose of operating an automobile repair facility at property
located at 1 Pine Valley Road, Northampton, MA (SR Zone) is hereby
annulled.
J.0hn F. Murphy, Jr
<3tstice of the Supe for Court
Entered: August 28 , 1990 �
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AUG Z 9199Q k
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� NO�TH:!P:�PTCP�.MASS.�J106o
6
area. The fact that his Lots fall within a "illegal subdivision"
is common to many of the lots in that area and does not satisfy the
requirement of Sec. 10.
The ZBA found and Racicot argues that literal enforcement of
the Zoning Ordinance would involve a substantial hardship,
financial or otherwise, in that Racicots ' " . .poor health prevents
him from obtaining off-site employment. " This finding does not
satisfy the requirement of Sec. 10. Poor health of the applicant
is not a hardship arising from a special circumstance of the locus.
This is a hardship personal to the applicant and not a proper basis
for granting a variance.
As stated above, Racicot began his business about 1959 as a
small operation in a residential neighborhood made up of single
family houses. The business was a violation of the Zoning
Ordinance then, but because no objections were raised, it has grown
over the years to a major operation. (Ex. #1, 6, 7 , 8) The general
area has also continued to grow as a residential neighborhood of
single family homes. The granting of a variance in the case would
be a substantial derogation from the interest or purpose of the
Zoning Ordinance and a substantive detriment to the public good.
The Zoning Board of Appeals has exceeded its authority.
AUG 2 91990
CITY CLERKS OFFICE
M P.TI;AMPTON MASS.01060
0 AUG 2 91990
5 L _
CITY C!ERKS OFFICE
than Sec. 11 of Chapter 40A. NORTHAMPTON, MASS.01060
The fact that McKenna' s lot may or may not be separated from
the building on Racicots ' lot by Pine Valley Road does not
determine McKenna ' s rights as an "aggrieved person" with the right
to appeal. If Pine Valley Road is a "Public or Private Street or
way" , and in the context of Chapter 40A it is neither, that would
be relevant to determine if McKenna is entitled to Notice of the
Zoning Board proceedings. But it is not conclusive to determine
if McKenna is "aggrieved" by the Zoning Board Decision.
McKenna is the owner of property nearby the subject property
and within the same zoning district and is a "person aggrieved"
within the purview of G.L. Chapter 40A.
Special condition of Locus and Hardship
G. L. Chapter 40A, Sec. 10 provides in part as follows:
"The permit granting authority shall have the power. . . to
grant upon appeal or upon petition with respect to particular
land or structures a variance from the terms of the applicable
zoning ordinance or by-law where such permit granting
authority specifically finds that owing to circumstances
relating to the soil conditions, shape, or topography of such
land or structures and especially affecting such land or
structures but not affecting generally the zoning district in
which it is located, a literal enforcement of the provisions
of the ordinance or by-law would involve substantial hardship,
financial or otherwise, to the petitioner or appellant, and
that desirable relief may be granted without substantial
detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of such
ordinance of by-law. "
There has been° no evidence of special circumstances relating
to the soil conditions, shape or topography of the Racicots land
or buildings. Racicot has not shown any special condition
_ _ _ _-affecting -his - parcel that does not affect other parcels in the
AUG 2 91990
F
4 � i
CITY CLERKS OFFICE
NORTHAMPTON,MASS.01060
C. The area in question is Zoned "Suburban Residential" . In 1958
when Racicot began his operation it was zoned "Residence A" . A
variance would be required to operate an automobile repair facility
under either of the zoning laws. As stated in his application,
Racicot never applied for a variance until the building inspector
questioned his operation and moved to shut it down.
The area is predominately residential with single family
homes.
D. Racicot argues and the ZBA agreed that the lots in question
were subject to conditions especially affecting his land and
structures in that it fell within an "illegal subdivision" or a
"do-it-yourself" subdivision. (ZBA Decision) , with a private gravel
road.
Racicot who argued, and the ZBA agreed, that literal
enforcement of the Zoning ordinance would invoke substantial
hardships to the applicant because of Racicot' s poor health, which
prevents him from obtaining outside or "off-site" employment.
RULING
Jurisdiction Racicot has raised the issue of whether the
plaintiff is an "aggrieved person" who has standing to appeal the
ZBA decision by arguing that the garage on Racicots ' land is
separated from Plaintiff' s property by Pine Valley Road, other land
of Racicot and an intervening abutter. Racicot cites M.G.L C. 40A
Sec. 11 which defines "parties in interest" to support his
argument.
However, to decide this issue, we must look to Sec. 17 rather
3
AcKennaIs Parcel has frontage on Burts Pit Road and is not part of
the illegal subdivision.
The point where Lots 178, 179, 180 and 175 meet is 235 feet
from McKenna ' s Lot 169 . Only Lot 179 separates Lot 169 from Lot
175 at that point. (Ex. 45)
Pine Valley Road meets Burts Pit Road at the place on the i
Assessors Map between Lots 171 and 172 . Pine Valley Road then
enters the "subdivision" and is used to access the nine residences.
Exactly where Pine Valley Road crosses the Racicot Lots 175 and 177
is not clear from the evidence. However, it was established that
the building proposed to be used by Racicot in his automobile
repair facility is located on the left (West) side of Pine Valley
Road as one enters the "subdivision" , and that McKenna's Lot 169
is on the right (East) side of Pine Valley Road as one enters the
"subdivision" . McKenna ' s Lot does not have frontage on Pine Valley j
Road. McKenna ' s Lot is separated from Pine Valley Road by Lot 170
owned by a person not a party in this litigation and Lot 177 owned
by Racicot.
B. Racicot has been using his property as an automobile repair
facility since 1959 . He has also used this property as his
r
residence during that same period. The automobile operation
involves use of air compressors, and stripping vehicles of spare
parts. The business is Racicots' only source of income. He also
)
spray paints cars. Various towing companies bring cars to Racicot
where they are stripped and then delivered to a salvage yard for
final destruction. (Ex. #1, 6,7, 8) Q
291990
x
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CITY CLERKS OFFICE
NORTHAMPTON.MASS.01060
AUG 2 1990 i
2 --- g
CITY CLEKKS OFFICE
N0FT'Z1FT0N WSS 01060
2 . This Variance is granted to this Ap1Jlicari
continuously operate the existing auto repair facility .
at 1 Pine Valley Road. (ZBA decision, Exhibit A to
Complaint) .
A. The Application to the Zoning Board requested the Variance for
parcels labeled 175 and 177 on Sheet Number 35 of the Northampton
Assessors Map. (Exhibit #2 and #5) .
Pine Valley Road is not a recognized street in the City of
Northampton. The lots served by Pine Valley Road are not part of
a legal approved subdivision recognized by the City. Pine Valley
Road was never accepted or recognized by the City and it does not
appear on the Assessors Map. There are nine residential lots
served by Pine Valley Road all of which are occupied as single
family residences, including the property owned by Racicot.
McKenna is the owner of the Parcel of land designated as
Number 169 on the Northampton Assessors Map. McKenna' s Parcel 169
abuts Parcel 170, and Parcel 170 abuts Parcel 177 , which is one of
Racicots ' Parcels designated on the Petition for Variance. McKenna
is an abutter to an abutter approximately 100 feet from Lot 177 .
The record indicates that this application has had a long
history. The application was filed with the City Building
Inspector November 26, 1985. (Ex. #2) The decision of the ZBA
states that the first decision on the application was made on
January 29 , 1986 and was denied in a split vote of the board.
(Attachment A to Complaint) The applicant (Racicot) apparently
appealed this decision to the Superior Court. On June 19 , 1987 an
"Agreement For Entry of Judgment" was filed by both parties, ,which
remanded this matter back to the ZBA for further hearing and
findings of fact. (Attachment A to Complaint) At a meeting of the
ZBA on May 4, 1988 the same members of the board voted unanimously
to grant the request. On June 2, 1988 , the present case was filed
° r -with -the"Superior Court. Neither party has raised any procedural —
FS 175
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, SS SUPERIOR COURT
CIVIL ACTION
- - NO.88-175
s
. JOHN L. MCKENNA,
` Plaintiff
o a v'
NORTHAMPTON ZONING BOARD OF
a:
a: APPEALS, ROBERT C. BUSCHER,
w CHAIRMAN, and
D lS UU IS C
ROBERT E. RACICOT and
JOAN A. RACICOT,
Defendants 'I' AUG 2 91990
CITY CLERKS OFFICE '
FINDINGS, RULINGS and ORDER NORTHAMPTON MASS,01060
This action was tried without jury on May 29 , 1990 and final
briefs were filed June 8, 1990 . This action is an Appeal from a
decision of the Northampton Zoning Board of Appeals. The
Plaintiff, John L. McKenna, brings this Appeal as an aggrieved
person pursuant to M.G.L. , c. 40A, sec. 17 . The Zoning Board of
Appeals ' decision granted the Defendants, Robert and Joan Racicot,
"a variance from the provision of Section 5. 2 , Paragraph 13 of the
Zoning Ordinance of the City of Northampton for the purpose of
operating an automobile repair facility at property located at 1
Pine Valley Road, Northampton, MA (SR Zone) , " The Zoning Board of
Appeals placed the following conditions on the grant of the
Variance:
1. In accordance with Paragraph 2 , Section 10, Chapter 40A,
M.G.L. , this Variance is granted for a five-year period,
at the end of which the circumstances must be re-
examined. ..
4
i - COMMONWEALTH OF MASSACHUSETTS
Hampshire,_ ss Superior Court
Civil Action No. 88-175
-"5
JOHN L. McKENNA, ) HAMPSHIRE SS
Plaintiff ] SUPERIOR COURT
l FILED
VS. ]
NORTHAMPTON ZONING BOARD OF l AUG 2 8 1990 .
APPEALS, ROBERT C. BUSCHER, ] '
and ROBERT E. RACICOT and l
JOAN A. RACI COT. ) ��>
Defendants ]
CLERK/MAGISTRATE ;
i
JUDGMENT ON FINDINGS BY THE COURT
Eerk
This action came on for hearing before the Court, Murphy, J.
presiding, and the issues having been duly heard and findings
having been duly rendered, pursuant to said findings,
T '
It is ORDERED and ADJUDGED as follows :
1 . That judgment is hereby entered for the plaintiff , John
L. McKenna, and the decision of the Northampton Zoning Board of
Appeals filed with the City Clerk' s office, Northampton,
Massachusetts on May 16 , 1988 granting a variance to Robert E . and
Joan A. Racicot from the provisions of the Zoning Ordinance of the
City of Northampton for the purpose of operating an automobile
repair facility at property located at 1 Pine Valley Road,
Northampton, MA (SR Zone) is hereby ANNULLED.
2 . The Clerk shall within 30 days after entry of this
judgment send attested copies thereof to the Board of Appeals and
the Clerk of the City of Northampton.
Dated at Northampton, Massachusetts this 28th day of August,
1990 .
FORM OF JUDGMENT APPROVED: AUG 291990
01 0
Z:5��- -4W-d
G Y
hn F. MUr yjir/. Jerk/Magistrate
/,�ustice of the S erior Court
OWN� �
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City of Northampton Office of the Legal Department
304* NDUM
OF
TO:
Frank Sien Acting Building Inspector
FROM: Kathleen G. Fallon, City Solicitor
SUBJECT: Racicot-Pine Valley Road
Illegal auto repair business
DATE:
August 29, 1990
FILE:
Robert E. Racicot has been operating an auto repair/stripping
business at 1 Pine Valley Road since 1959. That area is currently
zoned SR. It was zoned Residence A in 1959. Auto body repair
businesses were never allowed in either zone. Therefore, Mr.
Racicot is not a pre-existing non-conforming use.
Apparently no one raised objections to the business in its early
days of operation. However, in the last ten years, one resident
of the area has questioned Mr. Racicot Is right to be operating.
In 1988, the ZBA granted Racicot a variance to operate his
business. The neighbor, John McKenna, appealed that variance. The
case was tried earlier this summer.
We received the judge's decision today. He has annulled the
variance granted to Mr. Racicot. Therefore, Mr. Racicot is
operating illegally. I'm sure Mr. McKenna will be contacting you
in the very near future to request action against Mr. Racicot.
There is no doubt that Mr. Racicot's business is illegal and must
be discontinued. I would suggest you issue a cease and desist
order against Mr. Racicot as soon as possible. It would not be
unreasonable to give him a short period of time to remove the
vehicles and other equipment from his property. Last time Mr.
Racicot was served with a notice, he did threaten violence. You
might want to take a police officer along when you serve the
notice.
There is a criminal complaint pending in District Court against Mr.
Racicot in connection with the operation of his business. Action
on that complaint was suspended pending resolution of the Superior
Court civil case. Now that the decision has been made in Superior
Court, the District Court case should go to trial in October. If
Mr. Racicot ceases to operate the business and removes the cars,
the District Court case might be dismissed. We should make
periodic inspections of the site.
If you have any questions, call me or Joe Cook.
e- i
175
COMMONWEALT EN
Hampshire, ss. Superior Court
Civil Action No. 88-175
r
JOHN L.' `§c K*VANA `T '% I-, ]
HAMPSHIRE SS
Plaintiff ] SUPERIOR COURT
] FILED
VS. ]
NORTHAMPTON ZONING BOARD OF l AUG 2 81990
APPEALS, ROBERT C. BUSCHER, ]
and ROBERT E. RACICOT and l
JOAN A. RAC I COT,
Defendants ]
CLERK/MAGISTRATE
JUDGMENT ON FINDINGS BY THE COURT
This action came on for hearing before the Court, Murphy, J.
presiding, and the issues having been duly heard and findings
having been duly rendered, pursuant to said findings,
It is ORDERED and ADJUDGED as follows :
1 . That judgment is hereby entered for the plaintiff , John
L. McKenna , and the decision of the Northampton Zoning Board of
Appeals filed with the City Clerk' s office, Northampton,
Massachusetts on May 16 , 1988 granting a variance to Robert E. and
Joan A. Racicot from the provisions of the Zoning Ordinance of the
City of Northampton for the purpose of operating an automobile
repair facility at property located at 1 Pine Valley Road,
Northampton, MA (SR Zone ) is hereby ANNULLED.
2 . The Clerk shall within 30 days after entry of this
judgment send attested copies thereof to the Board of Appeals and
the Clerk of the City of Northampton.
Dated at Northampton, Massachusetts this 28th day of August,
1990 .
FORM OF JUDGMENT APPROVED:
By
hn F. u y, J r. Jerk/Magistrate
ustice of the Suberior Court
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xort4mrovn, wr4usEtt8
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' w C FIRE DEPARTMENT HEADQUARTER It �=
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OFFICE OF CHIEF
60 MASONIC STREET WR 16 EN l...J
LAWRENCE J. JONES TeLphue. 584-7165
CHIEF DENORTHAMTON MA01060NS
March 13, 1990
REFERENCE: ROBERT RACICOT, PINE VALLEY ROAD, FLORENCE, MASS.
On January 30, 1990 Chief Jones and I went to Mr. Racicot's garage on
Pine Valley Road and found the following in reference to C.M.R. 5:
C.M.R. 5.02 (23) Removing of paint or painting vehicles: on my trips
to Mr. Racicot's garage I have yet to find a vehicle
in the garage.
C.M.R. 5.02 (25) Use of torches: this is legal under the state require-
ments (ANY GARAGE HEREAFTER ERECTED) .
C.M.R. 5.03 (2) The oil fired heating unit meets the state require-
ments. It is eight feet off the floor and the vents
are more than four feet off the floor.
Mr. Racicot stated that he is not running a commercial garage. If this
is the case, the wood stove is legal . If not, he is in violation of C.M.R.
5.03 (2) by heating with the wood stove.
As a commercial garage, he would also be in violation of C.M.R. 5.04 (3)
relating to self closing .metal . receptacles.
Michael R. Driscoll , Deputy Chief
Northampton Fire Department
On March 6, 1990 at 6:45 p.m. I received a call from Mr. McKenna indi-
cating that Mr. Racicot was working on motor vehicles. I stated that I would
go to his garage to check the activity taking place.
When I went into the garage there were two (2) vehicles inside. A person
was working on one of the vehicles. I asked him who's vehicle it was, he
indicated that it was his own car and that he was doing engine work. I also
noticed that Mr. Racicot was sitting in a chair in front of his wood stove.
The other vehicle was on a lift. I asked Mr. Racicot what type of work he
was doing on this vehicle (white mustang) . He replied that it was his vehicle,
and he was repairing the rust on the frame and the floor boards. As all of
these activities are allowed in a residential garage under 527 C.M.R. 5, I
told Mr. Racicot that some of these operations would have to be changed if
his garage was used as a commercial garage. I also indicated to him that I
would call the Building Inspector, Bruce Palmer, to check the occupancy status
of the garage. ;
CC
Lawrence J. Jones, C ief
Northampton Fire Department
eitu of
FIRE DEPARTMENT HEADQUARTERS
OFFICE OF CHIEF
60 MASONIC STREET
ARENCE I JONES Tel"hoee 564-71 FMAR CHIEF 16
DEPT OF BUILDING INSPECTIONS s
NORTHAMPTON MA 01060
November 15, 1989
REFERENCE: ROBERT RACICOT, PINE VALLEY ROAD, FLORENCE, MASS.
i At 10:00 A.M. this date I went to a garage owned by Robert Racicot
on Pine Valley Road. The Department had received a complaint from Councillor
James Brooks that Mr. Racicot was operating a garage in violation of 527 CMR 5.
Upon my arrival , I spoke with Mr. Racicot about the complaint, and informed
him that he must obey all sections of the CMR regarding garages. I gave him
a copy of the Laws and explained the section that covers his garage.
At this time I looked over the garage from the front door. I noticed a
�- few rags and paint cans on the floor. I told Mr. Racicot that the rags must
be kept in a metal covered can, and the paint must be kept in a metal locker.
The weather was warm and there wasn't any heat in the building. He has both
wood and oil heat. What he used to heat the building is unknown to us.
At this time, I told Mr. Racicot if he had any questions he should call
the Department.
I also contacted the City Law Department about CMR 5. She and the
Building Inspector both felt the best way to handle the problem was through
the Courts using the Zoning Ordinance.
1
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Michael R. Driscoll , Deputy Chief
Northam�pton� Fire Department
MRD/kl
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John L. McKenna, Jr.
1345 Burts Pit Road
Northampton, MA 01060
March 6, 19 D �„
MAR 16 1990
Michael R. Driscoll, Deputy Chief
Northampton Fire Department
60 Masonic Street DEFT Of NORTHAMPTON PTNG INSPECTIONS
ON MA OI660
Northampton, MA 01060
RE: Robert Racicot
Pine Valley Road
Florence, MA 01060
Dear Deputy Chief Driscoll:
On January 23, 1990 I presented you with a letter regarding the above
and a garage he operates at the above location. At that time, I requested
an inspection of this property to insure that it meets the requirements of
CMR 5. To date, I have had no response.
Despite accusations that I am harrassing this person, I am only trying
to be sure that all current laws are enforced.
Please be advised that as of this date I am hereby requesting (for the
second time) an inspection of this property to insure it meets the
requirements of C and also an inspection of the heating system to
determine its legality as it seems to have been insta e without the proper
permits.
I hereby request that all discrepencies be noted and appropriate
action be taken to the full extent of the law.
I hereby request copies of any correspondence and action taken.
I look forward to a timely response.
Sincerely,
1J A
(L -Mexin
JIM/nms
l
cc: Mary Ford
James Brooks
Michael Kirby
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Gzty of X>art4ampton
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A Offire of the �nsptrtor of jnilbings a
212 Main Street•Municipal Building w�
Northampton, Mass. 01060
COMPLAINT SHEET
How received: Telephone ( ) '? Complaint No. .
Personal ) Date: cTe
SEA I 1` 9() „ �` '/�
Letter ( ) I Time: � A.M. P.M.
6
dF SUILU!ia" S Telephone No.
HAMPTti h,.
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Complainant's Name: �C&;!�le 11,,4
Complainant's Address:
Complaint received by: _ DEt'.OF BUILDING 4NSrr 1d`0?-IS
212 Main Street
VIOLATIONS OF: N0f0*MPk%`k Ww- 01060
Chapter 44 Zoning Ordinances, City of Northampton
CG Chapter 802 As Ammended Mass. State Building Code
❑ Sanitary Code, Art.2
Complaint reported Jagainst:
Name: 1Y4��1%c Tel.
Address: ^' =
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Location of complaint: a'/ Map# Lot#
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Signature of Complanants: .
Nature of complaint:
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Investigation: Yes ( ) No ( ) Investigated by. >4
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QEPT R BUILDING INSpECTiONS
NOR MA MO60 !
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ALVERTUS J.MORSE ` l r e 111111 i t RICHARD F.CONNON
1st Justice Justice
JANET ROWE DUGAN Pistrirt �II1XIr QI�)rt17IPxIf WILLIAM H.BURKE,III
Magistrate tt Chief Probation Officer
orthamptu � IUISiIITT
(4131584-7400 - 1 (413)584-8417
15 GOTHIC STREET
NORTHAMPTON. MASSACHUSETTS 01060
February 1, 1990
Northampton Building Inspector
212 Main Street
Northampton, MA 01060 Re: 9045CR 394
Dear Inspector:
Your Show Cause hearing which was heard on January 8, 1990 against
Robert Racicot has been processed into a criminal complaint. You must
come in and sign this complaint before February 14, 1990, so that we
may proceed with the process of notifying the defendant.
This office is open Monday through Friday, 8:30 AM to 4:30 PM.
Sincerely yours,
00 •4�Ci*1 4 &v..#
Ja t Rowe Dugan
Clerk-Magistrate
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DEPARTMENT OF BUILDING INSPECTIONS
f e
INSPECTOR 212 Main Street ' Municipal Building
Northampton, Mass. 01060 SV
ORDER
TO
CEASE , DESIST , AND ABATE
September 18 , 1990
Mr . Robert E . Racicot
1 Pine Valley Road
Northampton , Mass . 01060
Dear Mr . Racicot :
Please be advised as per Superior Court Civil Action No . 88- 175 ,
Your operation must cease and desist immediately ( see attached ) .
Therefore I will allow a thirty day time allotment to have the
premises cleared of all junk or unregistered vehicles and the auto
repair/stripping business must cease immediately upon receipt of
this letter .
Re pect ully b itted ,
rank . Sienkiewic
Building Inspecto
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City of Northampton ' Law Department
MEMORANDUM
TO: FRANK SIENKIEWICZ
FROM: JOE COOK f vfi#is-• WC 12W
SUBJECT: ROBERT RAC:ICOT DISPOSITION �ENORTHAM g NIAOI
DATE: DECEMBER 3.2, 1990
Today was trial day for Mr. Robert Racicot regarding complaint
#9045 CR 394 .
The court accepted the agreed disposition offered by myself
and defense attorney Thomas Nagle, as follows: operation of auto
repair business to crease immediately, full compliance with Zoning
Ordinance with regard to storage of unregistered vehicles within
60 days. Mr. Racicot submitted on facts sufficient to warrant a
finding of guilty and the case was continued for 6 months. If Mr.
Racicot does not comply with the above conditions we make ask the
court to sentence him to the fullest extent allowed by law.
Gl ltd of Nox#tlamyton T
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m DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building 'r�,M S •�°
Northampton, Mass. 01060
ORDER
TO
CEASE , DESIST , AND ABATE
September 18 , 1990
Mr . Robert E . Racicot
1 Pine Valley Road
Northampton , Mass . 01060
Dear Mr . Racicot :
Please be advised as per Superior Court Civil Action No . 88- 175 ,
Your operation must cease and desist immediately ( see attached ) .
Therefore I will allow a thirty day time allotment to have the
premises cleared of all junk or unregistered vehicles and the auto
repair/stripping business must cease immediately upon receipt of
this letter .
Re pect uIIy b itted ,
I
rank . Sienkiewic
Building Inspecto
FXS/ lb
enclosure
r
- COMMONWEALI'll OF' MASSACHUSE'T'TS
Hampshire - -9s . '= . . ' Superior Court
,;.
Civil Action No . 88-175
.A'.. .. ..i ..
JOHN L. McKENNA, ] HAMPSHIRE SS
Plaintiff 7 SUPERIOR COURT
] FILED
VS . ]
NORTHAMPTON ZONING BOARD OF ] AUG 28 1990
APPEALS , ROBERT C . BUSCHER, ]
and ROBERT E. RACICOT and
JOAN A. RACICOT , ] / > ��� :..d '-►�
Defendants ] <
CLERK/MAGISTRATE
JUDGMENT ON FINDINGS BY THE COURT j
This action came on for hearing before the Court , Murphv , J .
'$ presiding , and the issues having been duly heard and findings
having been duly rendered, pursuant to said findings ,
H
It is ORDERED and ADJUDGED as follows :
1 . That judgment: is hereby entered for the plaintiff , John
L . McKenna , and the decision of the Northampton Zoning Board of S
Appeals filed with the City Clerk' s office , Northampton,
Massachusetts on May 16 , 1988 granting a variance to Robert E . and s
Joan A . Racicot from the provisions of the Zoning Ordinance of the
City of Northampton for the purpose of operating an automobile
repair facility at property located at 1 Pine Valley Road,
Northampton , MA ( SR Zone) is hereby ANNULLED .
2 . The Clerk shall within 30 days after entry of this
judgment send attested copies thereof to the Board of Appeals and
the Clerk of the City of Northampton .
Dated at Northampton, Massachusetts this 28th day of August ,
1990 . D
FORM OF JUDGMENT APPROVED: AUG 2 91990
j PlORTii 0 1�;0
,John F . furl5by, J r . ff Clerk/Magistrate
Justice of the Stie rdoi. Court
l
Li qwT olf-
a
ASSOCIATES IN SURGERY, INC.
DAVID R. JACKSON, M.D.
JOHN M. PARSONS, M.D.
ALVAH V. HINCKLEY, M.D.
THOMAS H. LEWIS, M.D.
r�rrwrwr�
September 27, 1 9
Mr. Frank Sienkiewicz
Building Inspector
212 Main St.
JOi L-.h iflptoii, MA viC%vv
Dear Mr. Sienkiewicz ,
Please be advised that I am the surgeon caring for Mr. Robert Racicot.
He has recently undergone major abdominal surgery. It would be unwise
and medically contraindicated for him to do any form of heavy lifting
for an additional 60 and probably 90 days. I hope that you can make
some kind of adjustment in the clean up work that is necessary at
his. property in light of this.
If I can be of any assistance in clarifying this for you please do
not hesitate to ask.
Very truly yours,
9xv & -,//" , ,0"
John M. Parsons, M.D.
JMP/nmq
FLORENCE MEDICAL CENTER TELEPHONE 413/584-2599
190 NONOTUCK STREET FLORENCE. MASSACHUSETTS 01060 413/584-2447
COMMOPJWEALTH OF MASSACHUSETTS
Hampshire,_ ss.:,'.'.::;,. Superior Court
r' Civil Action No. 88-175
JOHN L. McKENNA, ] HAMPSHIRE SS
Plaintiff l SUPERIOR COURT
] FILED
VS. ]
NORTHAMPTON ZONING BOARI) OF ] AUG 28 1990
APPEALS, ROBERT C. BUSCHER, ]
and ROBERT E. RACICOT and ] ;
JOAN A. RACICOT,
l
Defendants I '
CLERK/MAGISTRATE
JUDGMENT ON FINDINGS BY THE COURT
This action came on for hearing before the Court, Murphv, J.
' presiding, and the issues having been duly heard and findings
having been duly rendered, pursuant to said findings,
It is ORDERED and ADJUDGED as follows :
1 . That judgment is hereby entered for the plaintiff , John
L. McKenna, and the decision of the Northampton Zoning Board of
Appeals filed with the City Clerk' s office, Northampton,
Massachusetts on May 16 , 1988 granting a variance to Robert E . and
Joan A. Racicot from the provisions of the Zoning Ordinance of the
City of Northampton for the purpose of operating an automobile
repair facility at property located at 1 Pine Valley Road,
Northampton, MA ( SR Zone:) is hereby ANNULLED.
2 . The Clerk shall within 30 days after entry of this
judgment send attested copies thereof to the Board of Appeals and
the Clerk of the City of Northampton.
Dated at Northampton, Massachusetts this 28th day of August,
D �5 d
FORM OF JUDGMENT APPROVED: AUG T2 91990
NQRCI
()I Q.
By
hn F . u 15h y, Jr . 1 Jerk/Magistrate
ustice of the SL eraor Court
L