32A-201 (6) As Building Commissioner you are obligated to enforce the Planning Board's decision
as duly recorded with the City Clerk. Neither you nor Ms. Misch have authority to sanction a
deviation from that order. Only the Planning Board may do so,and then only after a duly
noticed public hearing has been convened and a vote taken thereon. I am hence,pursuant to
MGL Ch. 40A, §7,requesting that you enforce,as written,Planning Decision PLN-2015-
0009, issued and filed on October 16,2014,and rescind any and all building permits issued
until the terms of the said Planning Decision have been complied with.
Very Truly Yours,
M. Francisco Palo
Cc: Carolyn Misch
James Nash
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_____.______��__�__ December 31,2014
Louis Hasbrouck
Building Commisioner
Puchalski Municipal Building
212 Main Street
Northampton,MA 01060
Re: Planning Decision PLN-2015-0009
51 Phillips Place
Dear Mr. Hasbrouck:
This in regards to your last communication dated December 29,2014. In the said
communication you stated that Carolyn Misch and you"agreed that we could postpone the
requirement that the driveway be removed until the certificate of occupancy."
Briefly,Mass. Gen. Laws Ch. 40A, §§ 9 and 11,govern the issuance of Special Permits
and their enforcement. Once the Planning Board has rendered its decision and it has been
duly filed with the City Clerk, it can only be modified,changed or amended by an appeal to
Superior Court,pursuant to MGL Ch. 40A, §17, or by the Planning Board itself following
further public hearing(s). If a party is dissatisfied with the terms of the Planning Boards
decision,their remedy is to file an appeal to Superior Court,pursuant to MGL Ch. 40A, §17.
The Planning Board's October 16,2014,decision specified, inter alia,that:
• Prior to issuance of a building permit,the applicant shall notify Office of
Planning& Sustainability and arrange a site meeting with staff and the surveyor
on site to stake the property pins as well as the building corners. Building
corners shall be located so that no portion of the building facade shall extend
beyond the 10' setbacks. (Emphasis added)
• Prior to issuance of a building permit,the impervious area of driveway from
neighbors property shall be eliminated from the subject parcel.
Inasmuch as no appeal from that order was pursued,Planning Decision PLN-2015-0009
became final and absolute.