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25-015 (46) LEON W. MALINOFSKY, JR. ATTORNEY AT LAW 1 82 MAIN STREET NORTHAMPTON, MA O 1 060 - 3 104 (Q MAP.COM TELEPHONE (4 13) 584-7950 EMAIL LWM FAX (4 1 3) 582-1855 15 July, 1997 Chairperson/ Director Northampton Planning Board City Hall Northampton, MA 01060 To the members of the Planning Board: My clients Dick Giusto and Russ Benjamin recently brought to my attention that the Planning Board or City Council will, within the next two weeks, hold a meeting to address the grant of permissions to conduct certain types of activities at the Northampton Airport, via the special permit process. This letter is to advise that after extensive research of the grounds and bases for grant of a so-called "grandfather" exemption to the Fairgrounds, this office concludes that differential treatment of the Airport would be legally suspect and amount to a denial of equal protection of laws. I For this reason my clients demand the same class and status of exemption granted to the Fairgrounds on a far less-extensive record of support. I have been given instructions to vigorously safeguard and pursue the Airport's entitlement to nonconforming use, or "grandfather", exemptions for the types of events historically held there and heretofore commended to the Board's attention. To be clear: I see the opportunity for the city to once and for all remove a major source of conflict and public controversy by recognizing the Airport's entitlement to the grandfather exemption. I see any other course of action, including the attempt to retain the power to impose conditions on airport events in a manner different from Fairgrounds events, as certainly provocative of further conflict and legal action, when an opportunity exists for a peaceful accord. I trust the city and its various municipal officers and board members will regard the Airport's application for grandfather exemption with care and circumspection. Yours sincerely,,. Leon W. Malinofsky, Jr. 71997 ra LEON W. MALINOFSKY, JR. ATTORNEY AT LAW 1 82 MAIN STREET DEPT NORTHAMPTON, MA 0 1 060 - 3104 TELEPHONE (41 3) 584-7950 EMAIL LWM @Q MAP.COM FAX(41 3) 582-1 865 15 July, 1997 Mr. Tony Patillo, Building Inspector City of Northampton - City Hall Main Street Northampton, MA 01060 Re: Northampton Airport and pending request for "grandfather" exemption Dear Tony, I want to let you know, on behalf of my clients Dick Giusto and Russ Benjamin of the Northampton Airport, Inc., that we have been most appreciative of your office's support and accommodation regarding our request for nonconforming use ("grandfather exemption") status for specified types of events. I have spent a great deal of time now studying the grant of a similar exemption to the Fairgrounds, and conclude that issuance of the exemption is most warranted. I have not actually been to City Hall as yet to look at the Fairgrounds' application and supporting evidence, but I think I have received a good precis from my clients. The subject I write about now is the Planning Board's apparent maneuvering to hold a special meeting on the issue of airport events, with the seeming intention of authorizing certain activities by means of a special permit or permits. We want to go on record to the effect that is not the basis on which such activities should be authorized. Instead, it should be the same class and status of exemption granted to the Fairgrounds (the "grandfather" exemption). My clients find the council's attempt thus to retain the power to impose conditions on these activities, and to revoke any permit(s) outright, as legally suspect when compared to the Fairgrounds' case, and demonstrative of denial of equal protection of laws. For this reason we ask that you continue to support, or advocate, the grandfather exemption as you have been kind enough to do in the recent past. We remain most grateful for your efforts. Yours-s`in�cerer�(�---- Leon W. Malinofsky,Jr.