24D-321 (2) � i PLANNING AND DEVELOPMENT • CITY OF NORTHAMPTON
City Hall• 2I o Main Street,Room i i • Northampton,MA or � ��66�J ta�s58
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Wayne Feiden,Director•emai[:planning @citv.northampton.m s tern et wwnortham tonpla g
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DEPT Of BUiLDN INSPECTIONS
NORTHAMPTON,MA 01060
DECISION FOR AN APPEAL OF THE BUILDING INSPECTOR'S DECISION
UNDER MGL CH. 40A, SECTIONS 8 AND 15
Members Present and Voting: Chair Mark NeJame, Larry Snyder and Sara Northrup.
In upholding the Building Commissioner's Decision to require immediate removal of a
Recreational Vehicle from a lot in the URC Zoning District, the Northampton Zoning Board of
Appeals made the following Findings:
1. Per Section 5.1 Use Regulations, "No building, structure, or land shall be used except
for the purposes permitted in the district as described in this article. Any use not
listed shall be construed to be prohibited".
2. Recreational Vehicles and/or Mobile Trailers are not listed as principal uses per
Section 5.2 Table of Use Regulations, and are therefore, not allowable as residences
or primary uses anywhere in the City of Northampton. Additionally, the lot size is too
small for any residential use that might be allowed in URC; a single-family home
requires 6,000 square feet.
3. The Building Commissioner has determined that this recreational vehicle is being
used as a residence and has ordered immediate removal of the vehicle.
CERTIFICATE OF SERVICE
Pursuant to M.G.L. Chapter 40A, Section 11,I,Angela Dion,Board Secretary, hereby
certify that I caused copies of this decision to be mailed, postage-prepaid, to the applicant
and owner on June 26,2001.
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planningboard•conservation commission •zoning boardof appeals •housingpartnership•redevelopment authority •nortyamptonGIS
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origin aI printed on recgcfedpaper
DECISION FOR AN APPEAL OF THE BUILDING INSPECTOR'S DECISION
UNDER MGL CH. 40A, SECTIONS 8 AND 15
On June 14, 2001, the Northampton Zoning Board of Appeals voted : 3:0 to
uphold the action of the Northampton Building Cax u�sioner to order the xemoval of a
Motor Home from property located at 10, Woodmont Road,Map 241)Fri r6dfi21.
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This Decision is Dated: June 14, 2001.
This Decision was filed with the City Clerk on: June 26. 2001
Anyone aggrieved of this decision may file an appeal in accordance with MGL Ch. 40A,
Section 17, with the Hampshire County Superior Court or the Northampton District Court
and file notice of said appeal with the City Clerk within twenty(20) days of the date that
this decision was filed with the City Clerk.
This decision shall not take effect until a copy of the decision bearing the certification of
the City Clerk that twenty days have elapsed after the decision has been filed, or if such
an appeal has been filed, that it has been dismissed or denied, is recorded in the
Hampshire County Registry of Deeds or Land Court, as applicable, and indexed under
the name of the owner of record or is noted on the owner's certificate of title. The fee for
such recording or registering shall be paid by the owner or applicant. It is the owner or
applicant's responsibility to pick up the certified decision from the City Clerk and record
it at the Registry of Deeds.
City of Northampton, Massachu rn E V E
Office of Planning and Developrr►entt
City Hail • 210 Main Street 'TH�►t
Northampton, MA 01060 • 413 MV 3 Q
FAX(413) 586-3726 ( ) 686'8850
• Community and Economic Development
• Conservation . OENQFMON Mp d10+ S
•
Planning Historic Preservation
•Northampton Parking C Board of Appeals
9 Commission
TO: Anthony Patillo, Building Inspector
RE: Permit a
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FROM: Angels Dion,
Board Secretary�OpD
DATE:
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DEPARTMENT OF BUILDING INSPECTIONS
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INSPECTOR 212 Main Street • Municipal Building
Northampton, MA 01060
May 22, 2001
Gerry Bouchard
30 Woodmont Rd.
Northampton, MA 01060
Subject: Illegal Residence , Wetlands violation, 30 Woodmont Road Map 24d Lot 321
URC
Mr. Bouchard,
Last year you installed electric service at the property map 24D lot 321 zoned URC, there
are no zoning restrictions which prohibit a landowner from doing this, however you have
since converted the use of the property to a recreational vehicle camping area and are
using this as your residence. You are in violation of Northampton Zoning 5.2 Table of
Use, for using a mobile trailer as residence and 6.2 Table of Density Regulations,
nonconforming lot size for use as a residence. You are also in violation of the Wetlands
Protection Act by establishing this use within 100 feet of a waterway with no permits
from the Northampton Conservation Commission.
You are ordered to remove the trailer within 5days upon receipt of this letter. You will
face fines of$100 per day and or court action.
You may appeal this decision to the Northampton Zoning Board of Appeals.
If you have any questions please contact me at 587-1240.
Sincerely,
Anthony Patillo
Building Commissioner
City of Northampton
CC: C. Misch Northampton Conservation Commission, Councilor Tymoczko, Mayor's
Office
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PPEAL APPLICATION
4 r;F59�� �MAFOie�os pter40A, Section 8, M.G.L.)
1 me of Apolicant: � �� i C 12 Jtc Address: ��� �v� Telephone:
2. Owner of Property: A Nf L
Address: !a Telephone: 5�
3. Status of Applicant: /Owner Abutter Other (explain: )
4. Parcel Identification: Zonin M
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Zoning District(s AM ress:
Property Recorded in the Registry of Deeds:
County: a K4,2 .,5- �',.,�, Book: !; _Page: _
5. Sections of Zoning Ordinance under which Alleged Zoning Violation is
occurring and/or Appeal is being filed: Section --—, Page -
L)�i k t4owm
6. Narrative Description of Alleged Zoning Violation and/or reason for which Appeal
has been filed: I t 4
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Date: S 13- 1 o I Applicant's Signature: 0,8 -4X
OFFICE USE ONLY:
Date Filed: File #
s
2 .
Delivered and hand served to Gerry
Bouchard at 30 Woodmont Road letter of
zoning violation for illegal residence and
Wetlands Protection violations.
On this day ,5
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Gerry Bouchard J-0
Signature
Delivered by Anthony Patillo , �2��
Building Commissioner
Signature
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May 22, 2001
Gerry Bouchard
30 Woodmont Rd. ,
Northampton, MA 01060
Subject: Illegal Residence, Wetlands violation, 30 Woodmont Road Map 24d Lot 321
URC
Mr. Bouchard,
Last year you installed electric service at the property map 24D lot 321 zoned URC, there
are no zoning restrictions which prohibit a landowner from doing this, however you have
since converted the use of the property to a recreational vehicle camping area and are
using this as your residence. You are in violation of Northampton Zoning 5.2 Table of
Use, for using a mobile trailer as residence and 6.2 Table of Density Regulations,
nonconforming lot size for use as a residence. You are also in violation of the Wetlands
Protection Act by establishing this use within 100 feet of a waterway with no permits
from the Northampton Conservation Commission.
You are ordered to remove the trailer within 5days upon receipt of this letter. You will
face fines of$100 per day and or court action.
You may appeal this decision to the Northampton Zoning Board of Appeals.
If you have any questions please contact me at 587-1240.
Sincerely,
Anthony Patillo
Building Commissioner
City of Northampton
CC: C. Misch Northampton Conservation Commission, Councilor Tymoczko, Mayor's
Office
Delivered and hand served to Gerry
Bouchard at 30 Woodmont Road letter of
zoning violation for illegal residence and
Wetlands Protection violations.
On this day_s
Gerry Bouchard
pipature
Delivered by Anthony Patillo , Q;G
Building Commissioner �
Signature
ton
CHI! of allip.
� � �GlaaaRCgnsetts
DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street • Municipal Building
May 23, 2001 Northampton,MA 01060
Mr. Bruce Tull
51 Woodmont Road
Northampton, MA 01060
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Subject: letter dated May 17, 2001 Bouchard Trailer
Dear Mr. Tull,
I received your letter and I was truly shocked that Mr. Bouchard returned.
There is a saying that unfortunately is true that no good deed goes unpunished. Last year
Mr. Bouchard claimed that he had been diagianosed with a terminal blood cancer, and
that he had sold his house prior to digcovering this and he had no place to live. He also
stated that he was moving to Florida and would not be returning. I gave him until Nov.l
to move, (I was trying to be compassionate)with the clear understanding that he cannot
return to use the area as he had. He agreed and left. I had checked the site several times
this spring and felt assured that the problem was over.Needless to say when I received
your letter I was extremely upset. I made a site visit that morning and confronted Mr.
Bouchard. I have attached a copy of letter that I hand delivered to him that morning. I
assure you that I will take all appropriate and expedient measures including fines and
court action to have him removed from the site. I am truly sorry that this has come to this
in light of what I was led to believe from Mr. Bouchard regarding his medical condition,
If you have any questions please contact me at 587-1240, the situation will not be
tolerated by this office.
Sincerely,
Anthony Patillo
Building Commissioner
City of Northampton
CC: Councilor Tymoczko, Mayor's Office