25-015 (24) 1 '
In Upholding the Decision of the Building Inspector, the Zoning Board made the following
determinations:
I. The first Zoning Ordinance took effect September 26, 1927.
II. Under the 1927 Zoning Ordinance, the area of the airport was designated as a Residence zone.
III. The airport became a commercial entity in April of 1929;therefore,the commercial airport use
of the property did not predate zoning.
IV. The appellant failed to show that non air-related outdoor entertainment events (i.e. -
entertainment other than flying circuses, barnstorming, etc.) were taking place prior to the
introduction of the first zoning ordinance and continuing to the present and,therefore, legally pre-
existing nonconforming.
V. From 1927 to the present, the zoning of the airport has remained residential, so any additional
commercial uses introduced after 1927 (such as entertainment) would not be protected under
"grandfathering"provisions.
VI. Although the airport has had a history of hosting entertainment events on a continuous basis
since at least the 1970's,such uses were not legally protected under zoning. This is supported by the
fact that the airport began obtaining permits for entertainment uses beginning in the 1980's.
VII. The applicant requested a ruling from the Building Inspector on whether all outdoor
entertainment uses on the airport property were legal as pre-existing nonconforming uses. The
Building Inspector acted correctly in ruling that outdoor entertainment uses at the airport are not
entitled to "grandfathered" status. In order to legally hold outdoor entertainment under current
zoning, the appellant must apply for a Special Permit to allow an Outdoor Commercial Recreation
Use.
DECISION FOR AN APPEAL OFTCTOR'S DECISION
UNDER MGL CH. 4 I5
unanimously
June 17, 1998 3:0
On , the Northampton Zoning Board of Appeals voted: To
phold/ everse the determination of the Northampton Building Commissioner that the
o ampton Airport is not entitled to a so-called"grandfather" exemption from zoning
regulations allegedly prohibiting outdoor entertainment uses such as band concerts, car shows,
games, festivals, etc.
NE , Cclid_
Decision Made: June 17, 1998
Decision Filed With the City Clerk's Office on: July 16, 1998
Anyone aggrieved of the decision may file an appeal in accordance with MGL Ch 40A,Section 17,with the
Hampshire County Superior Court or the Hampshire County 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.