17C-227 (10) City of Northampton
Law Department
MEMORANDUM
To: JUL 71995
Anthony Patillo, Asst. Building Commissioner
FROM: DEPT Of BUILDING INSPECTIONS
Kathleen G. Fallon, City Solicitor NORTHAMPTON MA 01060
F
SUBJECT:
Faith Christian Church Academy
DATE:
July 6, 1995
You have requested an opinion as to the legality of the Faith Christian Church Academy
using the building at 16 North Maple Street, Florence, for a homeless shelter. I have
examined the Articles of Incorporation for the Church and it appears to qualify as an
"educational" corporation for the purposes of M.G.L. Chapter 40A, Section 3. Therefore,
it is exempt from the use provisions of the Zoning Ordinance.
The Church is subject to reasonable density and dimensional requirements and to the
provisions of the building and fire codes. It is a little difficult to determine exactly what
requirements would apply to the Church since it is not operating a "lodging house" in the
conventional sense. However, it appears that applying the building code requirement of
200 square feet per occupant is a reasonable regulation. If the Church area contains only
1500 square feet, the occupancy limit for the shelter would be seven (7) persons.
It appears that-the Church area does have the required egresses and bathroom facilities.
If emergency lights are required by code at the exits, the Church should be ordered to
install such lights. I see no other way by which the City can regulate the use as a
homeless shelter at this time.
There is a cease and desist order presently issued against the Valley CDC for they
homeless shelter use. Valley CDC has appealed that order to the ZBA. I think that we all
may wish to discuss this matter before a hearing is scheduled on the appeal. In my
opinion, the ZBA will have no choice but to sustain the appeal and overturn the cease and
desist order. This is a matter best settled informally.
i
It may be that the Church is in violation of its lease with the Valley CDC. However, that
is a private matter in which the City need not be involved.
subject: Faith Christian Church Academy
16 North Maple
July 5, 1995
_Church providing overnight facilities for homeless
The Church by providing overnight sleeping changes its use from a place of
assembly to what would be classified as doubtful use. When a structure has been
determined to be in this class the inspector classifies the structure to the nearest
description fitting its use. In this case the closest would be R-1 Residential, having
transient overnight guests for no more than thirty days . The building is type 5b
construction (wood frame no fire protection).
The next step is to look at building limitations section of the state building code,
R-1 use has area and height limitations of no more than two stories, no more than
4500 sq. ft., the church is one story under 4500 sq. ft.
The occupancy of the building is less than 50, in a building with a occupancy less
than fifty, two means of egress are required, isle widths and egress doors no less
than 36 inches, the church meets these requirements.
The building that houses the church has a male and female bathroom and one
shower, none are handicap accessible but they were constructed before the church
leased it in Jan. of 1994. The building lacks emergency lights especially for the rear
exit.
The State Building code requires that a structure with a R-1 classification have
200 sq. ft. for each occupant, the church has approximately 1500 sq. ft. This is
where there is a code problem. The church says they take in ten per night, this
would require that they have at least 2000 sq. ft.. They do not have sufficient square
footage to take in that many people.
In closing I think the only course that can be taken is a restriction on the number
of people that can stay there overnight. The zoning restrictions that prevent a
boarding room in a GB district are superceded by the churches Articles of
Organization as a non-profit educational corporate entity according to MGL. I
don't think we can stop this from occurring except for limiting the number of people
staying there.
Anthony Patillo
Assistant Building Commissioner 2
Grif� of 'Wart4autp* y
$ � �lassachnsetts
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DEPARTMENT OF BUILDENTG INSPECTIONS '
INSPECTOR 212 Main Street ' Municipal Building '
Northampton, Mass. 01060
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THE COMMONWEALTH OF MASSACHUSETTS
ARTICLES OF ORGANIZATION
GENERAL LAWS, CHAPTER 180
I hereby certify that, upon an examination of the within-written articles of
organization,duly submitted to me,it appears that the provisions of the General Laws
relative to the organization of corporations have been complied with,and,I hereby
approve said articles;and the tiling fee in the amount of$35.00 having been paid,said
articles are deemed to have been filed with me this
2 nor
day of C �y l 19 9
Effective date
1rL��
MICHAEL I SEPH CONNOLLY
Secretary of State
A PHOTOCOPY OF THESE ARTICLES OF ORGANIZATION SHALL BE
RETURNED
TO: „__tt. G r,stem 6'#uFc-h AGadem y- Inc
P-n_ Rix 984
Northampton, MA 01060 k
Telephone: x(.413) 584 2245
ARTICLE V
By-laws of the corporation have been duly adopted and the initial directors,president,treasurer and clerk or other presiding,financial or recording officers,whose
names are set out below,have been duly elected.
ARTICLE VI
The effective date of organization of the corporation shall be the d- '`' -°-^rotary of the Commonwealth or if a later date is desired,specify date,
(not more than 30 days after date of filing).
The information contained in ARTICLE VII is NOT a PERMANENTpart of the Articles of Organization and may be changed ONLY by filing the appropriate
form provided therefor.
ARTICLE VII
t
a.The post office address of the initial principal office of the corporation IN MASSACHUSETTS is: 15 Ryan Road, Northampton T'IA 0106
b.The name,residence and post office address of each of the initial directors and following officers of, c corporation are as follows:
NAME RESIDENCE POST OFFICE ADDRESS
1'retaene Pastor Robert L. Glenn 15 Ryan Road, Northampton, MA 01060 i
Tyr. Mrs. Constance West 43 Laurel Park, Northampton, MA 01060
Cleric: Mrs. Jacqueline M. Glenn 15 Ryan Road, Northampton, MA 01060
Directors; (or officers laving the powers of directors).
NAME RESIDENCE POST OFFICE ADDRESS
Deacon Lonnie Glenn 1021 Hampton Gardens Northampton, MA 01060
Mrs. Beatrice Peltier 3S� <:�,e 4Al13y t?�. So• H4bLeY M�f- 0/074—
Mrs. Constance West 43 LAUREL Park, Northampton, Northaapton, MA 01060
Mrs. Jacqueline M. Glenn 15 Ryan Road, Northampton, MA01060
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c.The fiscal year of the corporation shall end on the last day of the month of: December
d.The name and BUSINESS address of the RESIDENT AGENT of the corporation,if any,is:
Faith Christian Church Academy Inc.
P.O. Box 984, NOrthampton, MA Q1060
11 We the below-signed INCORPORATORS do hereby certify under the pairs and penalties of perjury that I/We have not been convicted of any crimes relating
to alcohol or gaming within the past ten years.I/Wedo hereby furthercertify that to the best of my/our knowledge the above-named principal officers have not
been similarly convicted.If so convicted,explain.
IN WITNESS WHEREOF and under the pains and penalties of perjury,I/WE,whose signature(:)appear below as incorporator(:)and whose names and
business or residential addresses)ARE CLEARLY TYPED OR PRINTED beneath each signature do hereby associate with the intention of forming this
corporation under the provisions of General Laws Chapter.180 and do hereby sign these Articles of Organization as incorporator(s)this 20th day
of Dec` tuber 1992 19 _ 1-1 _
Pastor R� ert L. Glenn 15 Ryan Road, Northampton, MA 01(� Jacqueline :G enn
s�. Cons.tanc West 43 Laurel Park, Northampton,-MA 01060
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Mr. Lonnie Glenn - 1021 Hampton Gardens Northampton Ma 01060 ng
NOTE: If an already-ezistinp corporation Is act as Incorporator,type In the ersd name of the corporation,the estate or other/arisdicdoo when k was
htcorporated,the mame of the person sigma 00 behalf of said emporatbn and the title bt/she holds or other audwrity by which onch action is taken
A 'ILE III
Iithe corporation has one or more classes of members,the designation of such clasaca,the macner of election or appointments,the duration of membership an
the qualification and rights,including voting rights,of the members of each clan,may be forth in the by-laws of the corporation or may be set forth below
NONE .
ARTICLE W
• Other lawful provisions,if any,for the conduct and regulation of the business and affairs of the corporation,for its voluntary dissolution,or for limiting,
defining,or regulating the powers of the corporation,or of its directors or members,or of any class of members,are as follows:
NONE
• If there are no provisions,state"None"
Note: The preceding fair(4)astkles we 000atdered to be Plead and wiry ONLY be CbWW by Abg MWOVide Articles of Amendment
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C` ae CTvntn aan.a-enlf4 of ax �xac �x se#
OFFICE OF THE MASSACHUSETTS SECRETARY OF STATE
Exami r MICHAEL JOSEPH CONNOLLY, Secretary
Ne l 0 SHBURTON PLACE, BOSTON, MASSACHUSETTS 02108
v ARTICLES OF ORGANIZATION
//'' ��• (Under G.L. Ch. 180)
ARTICLE I
The name of the corporation is:
N e
Approved _ Faith. Christian Church Academy
ARTICLE 11 92w-363064
The purpose of the corporation is to engage in the following activities:
(A) Provide a forum where the Gospel of Jesus Christ can both.be preached and
taught in and on a systematic, regular basis.
(B) Provide a vehicle for the implimentation of the doctrines of the church
as stated in the Word of God.
(C) Provide a home base of operations for all ministries related to the func-
tion of a New Testament Church which will include, but not be limited to
the following:
1. OUTREACH THROUGH EVANGELISM - To foster steady and continual growth
of the membership through active recruitment and evangelism.
2. OUTREACH THROUGH MINISTRY - To demonstrate the principles of Scriptural
committment to those institutionalized, hospitalized, incarcerated or
otherwise unable to actively participate or experience the benefit of
personal church attendance.
3. OUTREACH THROUGH CRUSADE - To spread the Gospel of Jesus Christ in a
setting other than on a local level. It is the intention of this
corporation to take the Gospel to the world through whatever means
that are developed and are consistent with the scriptural mandate to
"to ye into all the nations".
4. OUTREACH THROUGH HOMELESS INTERVENTION - To establish and implement a
ministry to the homeless that will house, care for through maintenance
and referral those who fall through the cracks of governmental and
city agencies and other non-profit organizations designed to care for
them.
5. OUTREACH THROUGH EDUCATIONS - To provide a vehicle whereby the Bible
can be taught, ministries can be defined and refined for the prupose j
of adding to the ministeral staff through awareness and committment.
C (D) Provide a focal point, or local church facility whereby organized worship
P can be implimented, refined and maintained in and on a progressive level
of growth.
M ❑
R.A. ❑
Note: If the space provided under any article or item on this form is insufficient,additions shall be set forth on separate 844 x 11 sheets of paper
leaving a left hand margin of at least I inch.Additions to more than one article may be continued on a single sheet so long as each article requiring
P.C. each such addition is clearly indicated.
THE MASSACHUSETTS STATE BUILDING CODE
noncombustible materials. Fire escapes constructed of wood not less than 2 inches
thick are permitted on buildings of Type 5 construction.
3A Dimension Stairs shall beat least 22 inches wide with risers not more and
�1 --treads mot=less-tliatn+8 inehesland4andings-�at�the foot-of-stairs-notiess"M 404nshis
wide by 36 inches long, located not more than_8 itches belaw the access window. -or
door.
821.3.2 Opening protectives: Doors and windows along the fire escape shall be
protected with 3/4-hour fireresistance rated opening protectives.
SECTION 822.0 SLIDESCAPES
822.1 Where permitted: Slidescapes and safety chutes shall be permitted in
buildings of Use Group H, in existing school buildings of Use Group E and in
existing buildings of Use Group I when approved and constructed in an approved
manner.
822.2 Location: The arrangement and location of slidescapes shall conform to this
article for means of egress and shall be designated by Exit signs and lights as
provided in Section 823.0.
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822.3 Construction: All chutes shall be constructed of approved noncombustible
materials with a pitch in the line of travel of not less than 24 nor more than 42
degrees, measured on the developed circumference of spiral chutes. Straight chutes
shall be not less than 24 inches and spiral chutes not less than 28 inches in clear
width; nor more than 44 inches wide in any case. When erected on the interior of
a building, they shall be enclosed as required in Section 816.9.2 for interior stairways
with direct means of egress to a street or other public way.
822.4 Capacity: Slidescapes,where permitted as an element of a required exit,shall
be rated at one unit of egress width per slide, with a rated capacity of 60.
Slidescapes, except as permitted for buildings of Use Group H, shall not constitute
more than 25 percent of the required number of units of egress width from any
building or structure or any individual story.
r cq' urmeans of. egress`.s
.. w .
11 " s reading Exct, visible from the exit access an , wen necessary,
supplemented by directional signs in the exit access corridors indicating the direction
and way of egress. All Exit signs shall be located at exit doors or exit access areas,
so as to be readily visible.
8-32 780 CMR - Fifth Edition
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THE MASSACHUSETTS STATE BUILDING CODE
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3. A patient sleeping room is subdivided with nonfreresistance-ra
ted,
noncombustible partitions,provided that the arrangement allows for direct
and constant visual supervision by nursing personnel and the suite
complies with this section and Section 812.0. Such rooms which are so
subdivided shall not exceed 5,000 square feet.
810.1.2 Turnstiles and gates: Access through turnstiles, gates, rails or similar
devices shall not be permitted unless such a device is equipped to readily swing in
the direction of exit travel under a total force of not more than 15 pounds.
810.1.3.Restrictions: The required width of passageways, aisles or corridors shall
be maintained free of projections and restrictions; except that the minimum clear
width resulting from doors opening into such spaces shall be one-half the required
width. When fully open, the door shall not project more than 7 inches into the
required width.
810.2 Dead ends: Exit access passageways and corridors in all stories which serve
more than one exit shall provide direct connection to such exits in opposite
directions from any point in the passageway or corridor, insofar as practicable. The
length of a dead end corridor shall not be more than 20 feet.
8llt:The minimum required width of passageways, aisles and corridors shall
be determined by the greater of the following criteria:
1. 44 inches where serving an occupant r than 50.
oa
3. 96 inches in buildings o or a movement of beds.
4. 72 inches in buildings of Use Group E with more than 100 occupants.
5. The width required for capacity as determined by Section 808.0.
Aisles shall conform to the requirements of this section or Section 826.0.
810.4 Enclosures: In buildings of other than Use Group I-2, all corridors serving
as exit access shall be enclosed in fire separation walls having a fireresistance rating
of at least 1 hour. Corridors in buildings of Use Group I-2 shall comply with Section
610.4. Tenant and dwelling unit separations which are also corridor walls shall
comply with this section and the requirements of Table 401.
Exceptions:
1. In all uses other than Use Groups R-1 and R-2, a fireresistance rating is
not required for exit access corridors serving 30 or fewer occupants.
2. A fireresistance rating is not required for corridors contained within a
dwelling unit.
8-12 780 CMR - Fifth Edition
THE MASSACHUSETTS STATE BUILDING CODE
Table 809.2
MINIMUM NUMBER OF EXITS FOR OCCUPANT LOAD
-mow
500 or less 2
501 - 1000 3
over 1000 4
809.3 Buildings with one exit: Only one exit shall be required in buildings of the
Use Groups and characteristics specified in Table 809.3.
Table 809.3
BUILDINGS WITH ONE EXIT
Max. Max. exit Min. fire- Min. fire-
Use height Max. access resistance resistance
group above size travel rating rating
grade distance of exit of opening
enclosure protection
DELETED
a 3,500 s . ft.
per floor 75 ft. 1 hour 1 hour
Note a. For the required number of exits for open parking structures, see Section 809.5.
809.3.1 Buildings with a single exit at level of exit discharge: Only one exit shall
'be required_in_ stories at the level of exit discharge having an occupant load not
exceeding 50 persons and an exit access travel distance not exceeding 75 feet in
buildings of any use group; and in airport trafftc control towers which comply with
i8ection 616.0.
Exception: Buildings of Use Gro -3)are required to have two (2) exits at
the level of exit discharge.
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8-10 780 CMR - Fifth Edition
MEANS OF EGRESS
Table 806 g
MAXIMUM FLOOR AREA ALLOWANCES PER OCCOPANT t
Use Floor area in square
feet per occupant
Assembly with fixed seats See Section 806.1.6
Assembly without fixed seats
Concentrated (chairs only-not fixed) 7 net
Standing space 3 net
Unconcentrated (tables and chairs) 15 net
Bowling alleys, allow 5 persons for each alley including
15 feet of runway, and for additional areas 7 net
Business areas 100 gross
Court rooms-other than fixed seating areas 40 net
Educational
Classroom area 20 net
Shops and other vocational room areas 50 net
Industrial areas 100 gross
Institutional areas
Inpatient treatment areas 240 gross
Outpatient areas 100 gross
Sleeping areas 120 gross
Library
Reading rooms 50 net
Stack area 100 gross
Mercantile, basement and grade floor areas 30 gross
Areas on other floors 60 gross
Storage, stock, shipping areas 300 gross
Parking garages 200 gross
13641dentlal�
Storage areas, mechanical equipment room gross'
807.2.2 Asse9bly buildings: All buildings used for assembly purposes shall front
on at least one street on which the main entrance and exit discharge shall be
located. Where there is a single main entrance, the entrance shall be capable of
serving as the main exit and shall provide an egress capacity for at least one-half of
the total occupant load. In addition to having access to a main exit, each level of a
building of Use Group A shall be provided with additional exits which shall provide
an egress capacity for at least two-thirds of the total occupant load served by that
level.
, A CWzD one
O51&- _ - \
� 780.CMR Fifth Edition 70 ss f fi s4"°8 5
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MEANS OF EGRESS
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SECTION 805.0 MAINTENANCE OF EXITS
805.1 Obstructions: It shall be unlawful to obstruct, or reduce in any manner, the
clear width of any doorway, hallway, passageway or other means of egress required
by the provisions of this code.
805.2 Maintenance: All required means of egress components shall at all times
be maintained in a safe usable condition. All exterior stairways,fire escapes, egress
balconies and bridges shall be kept free of snow and ice. All corrodible structural
parts thereof shall be kept painted,or otherwise protected against rust and corrosion
both before and after erection.All wood structural members shall be maintained to dm`
prevent rotting and decaying. Where these elements tie directly into the building
structural system, all joints shall be sealed to prevent water from damaging or
corroding the structural elements.
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- SECTION 806.0 OCCUPANT LOAD
5
006.1 Design occupant load: In deter m*nm required facilities, the number of
occupants for whom exit facilities shall
. P . _
' be provided shall be established by the
largest number computed in accordance with each of Sections 806.1.1 through
806.1.3.
806.1.1 Actual number: The actual number of occupants for which each occupied
space, floor, or building is designed.
X06.1.2 Number by Table 8060- computed atthe, i =f
v.
one'occupant per unit of area as pr" ! e
806.1.3 Number by combination: The number of occupants of any space as
dqmputed in Sections 806.1.1 or 806.1.2 plus the number of occupants similarly
computed for all spaces that discharge through the space in order to gain access to
an exit.
806.1.4 Increased occupant load:The occupant load permitted in any building or
portion thereof is permitted to be increased from that number established for the
given use by Table 806 when all other requirements of the code are also met based
on such modified number.Where required by the building official,an approved aisle,
- seating, or fixed equipment diagram to substantiate any increase in occupant load
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780 CMR - Fifth Edition 8-3
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USE GROUP CLASSIFICATION :
307.4.3 Use Condition III: This use condition shall include all buildings in which
free movement is allowed within individual smoke compartments, such as . in a
residential unit comprised of individual sleeping rooms and group activity space,with
egress impeded by remote control release of means of egress from such smoke
compartment to another smoke compartment.
307.4.4 Use Condition IV: This use condition shall include all buildings in which
free movement is restricted from an occupied space. Remote controlled release is
provided to permit movement from all sleeping rooms, activity space and other
occupied areas within the smoke compartment and to other smoke compartments.
307.4.5 Use Condition V: This use condition shall include all buildings in which
free movement is restricted from an occupied space. Staff controlled release is '
provided to permit movement from all sleeping rooms, activity spaces and other
occupied areas within the smoke compartment and to other smoke compartments.
SECTION 308.0 USE GROUP M, MERCANTILE USES
308.1 General: All buildings and structures, or parts thereof, shall be classified in
Use Group M which are used for display and sales purposes involving stocks of
goods, wares or merchandise incidental to such purposes and accessible to the
public; including, among others, retail stores, motor fuel service stations, shops and
G v� salesrooms and markets. Highly combustible goods shall be limited to small
ql,a quantities that do not constitute a high hazard; and if not so limited, the
�hu5 construction shall comply with the requirements for Use Group H as set forth in the
r provisions of Section 306.0 and Tables 401 and 501.
SECTION 309.0 USE GROUP R. RESIDENTIAL USES
309.1 General: All buildings and structures, or parts thereof, shall be classified in
Use Group R in which families or households live, or in which sleeping y
accommodations are provided for individuals with or without dining facilities,
excludin tional
RIM
429.2 Use Group R-1 structures: This use group shall include all hotels,.
boarding houses, lodging houses g `` ringed for shelter
sleeping accommodations and in which the occupants are primarily transient in
nature, making use of the facilities for a period of less than 30 days.
309.3 Use Group R-2 structures: This use group shall include all multiple-family
dwellings having more than two.dwelling units, except as provided in Section 910.3
for multiple single-family dwelling units, and shall also include all boarding houses,
r. lodging houses and similar buildings arranged for shelter and sleeping
accommodations in which the occupants are primarily not transient in nature.
\ 780 CMR - Fifth Edition 3-11
1.2 1nsthutlonal, Incepachated N.L 8 St. 90' 4 St. 50' 2 St. 30' 1 St. 20 1 20' N.P. 1 St. 20' 1 St. 20' N.P.
21,600 17,100 11,250 7,200 -,900 10,800 7,650 note I
13 Institutional, restralned N.L 6 St. 75' 4 St. 50' 2 St. 30' 1 St. 20' 2 St. 30' 1 St.20' 2 St.30' 1 St. 20' N.P.
18,000 1 14,250 9,375 6,000 8,250 6,000 9,000 6,375
o� M Mercantile N.L N.L 6 St. 75' 4 St. 50' 2 3 St. 40' 2 St. 30' 4 St. 50' 2 St. 30' 1 St. 20'
22,800 15,000 13,200 9,600 14,400 10,200 4,800
R-1 Resldentlal, hotels N.L N.L 9 St. 4 St. 50' 3 St. 40' 4 St. 50' 3 St. 40' 4 St. 50' 3 St. 40'
note 100' 15,000 9,600 13,200 9,600 14,400 10,200 illilm
22,800
R-2 Residential, multl-tamlly N.L N.L 9 St. 4 St. 50' 3 St. 40' 4 St. 50' 3 St. 40' 4 St. 50' 3 St. 40' 2 St. 35'
100' 15,000 9,600 13,200 9,600 14,400 10,200 4,800
22,800 note I note f
00 R3 Residential, 1 & 2 Iamlty N.L N.L 4 St. 50' 4 St. 50' 3 St. 40' 4 St. 50' 3 St. 40' 4 St. 50' 3 St. 40' 2 St. 35'
O 22,800 15,000 9,600 13,200 1 9,600 14,400 10,200 4,800
0 S-1 Storage, moderate N.L N.L 5 St. 65' 4 St. 50' 2 St. 30' 3 St. 40' 2 St. 30' 4 St. 50' 2 St. 30' 1 St. 20'
19,950 13,125 8,400 11,550 8,400 12,600 8,925 4,200
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S-2 Storage, low note g N.L N.L 7 St. 85' S St. 65' 3 St. 40' 4 St. 50' 3 St. 40' 5 St. 65' 3 St. 40' 2 St. 30'
i 34,200 22,500 14,400 19,800 14,400 21,600 15,300 7,200
? U Why, miscellaneous L N.L N.L N.L N.L N.L N.L N.L N.L N.L N.L
M Notes :applicable to Table SOIL z
Z
! Note e. See the following sections for general exceptions to Table 501: fit
0 Section 501.4 Allowable area reduction for multi-story buildings. M
Section 502.2 Allowable area increase due to street frontage. D
Section 502.3 Allowable area increase due to automatic fire suppression system installation.
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Section 503.1 Allowable height increase due to automatic fire suppression system installation. C
Section 504.0 Unlimited area one-story buildings.
Note b. buildings of Type 1 construction permitted to be of unlimited tabular heights and areas are not subject to special requirements that allow increased p
heights and nrcas for other types of construction (see Section 501.5).
me c. rot tnhulnr arcs increase in buildings of use group E, see Section 502.4. Z z
ote d. For height exceptions for auditoriums in buildings of Use Groups A 4 and E,see Section 503.2 r
Note e. For exceptions to height and arcs limitations of buildings of Use Group li,sec Article 6 governing the specific use. rot other special fireresistivc
requirements governing specific uses, see Section 905.0 'S.
Note f. For exceptions to height of buildings for Use Group R-2 of Types 213 and 3A construction, see Section 905.2. D
Note g. rot height and area exceptions for open parking structures, see Section 607.0.
Note h. For exceptions to height and area limitations for special industrial uses, see Section 501.1.1. 0
v1 Note 1. See Section 633.5 for applicable height and area limitations for Child Day Care Centers. Z
W Note J. For R-I detoxtficstion facilities, see Table 637.9. z
TYPES OF CONSTRUCTION CLASSIFICATION
flooring,laid crosswise or diagonally, or 15/32-inch plywood or 1/2 inch particle board;
or of planks not less than 4 inches, nominal, in width, set on edge close together and
well spiked, and covered with 1-inch nominal, dimension flooring, or 15/32 inch
plywood, or 1/2 inch particle board. The lumber shall be laid so that no continuous
line of joints will occur except at points of support. Floors shall not extend closer
than 1/2 inch to walls. Such 1/2 inch spaces shall be covered by a molding fastened to
the wall either above-or below the floor and so arranged that it will not obstruct the
swelling or shrinkage movements of the floor, or corbeling of masonry walls under
floor shall be used in place of molding. 1
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405.6 Roofs: Roofs shall be without concealed spaces and roof decks shall be sawn
or glued laminated, splined or tongue and groove plank, not less than 2 inches,
nominal, in thickness, 11/a inch thick interior plywood (exterior glue), or of planks
not less than 3 inches, nominal, in width, set on edge close together and laid as
required for floors. Other types of decking shall only be used if providing equivalent
fireresistance rating and structural properties.
405.7 Walls: Walls shall be of solid wood construction formed by not less than two
layers of 1-inch matched boards or laminated construction of a 4-inch thickness, or
of 1-hour fireresistance rated construction.
405.8 Exterior structural members: Wood columns and arches conforming to
heavy timber sizes shall only be used externally where a fire separation distance of
20 feet or more is provided.
A=-,MR ,Rei PA ZN
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406.1 General: Buildings and structures of Type 5 construction are those in which
the exterior walls, bearing walls, partitions, floor and roof construction are
constructed of any materials permitted by this code and in which the structural ii
elements have the required fireresistance r ti s s ecified i r Type 5
buildings shall be further classified as Types 5A (protecte tected).
780 CMR - Fifth Edition 4-7
VALLEY COMMUNITY DEVELOPMENT CORPORATION
16 ARMORY STREET, NORTHAMPTON, MA 01060
• 413-586-5855 •
• FAX 413-586-7521•
D pT uF{iI�iLD!�iG 1NStuT1E�PdS
July 3, 1995 � 4�OfiTiifi��ri�!! t�^�+O1Q6Q s
Christine Skorupski
City Clerk of the
City of Northampton
212 Main Street
Northampton MA 01060
RE: NOTICE OF APPEAL
Dear Ms. Skorupski:
We are in receipt of a NOTICE OF ZONING ORDINANCE CODE
VIOLATION AND ORDER TO CEASE, DESIST AND ABATE dated
June 23, 1995 from Building Commissioner Francis X. Sienkiewicz (of which I
have enclosed a copy).
We would like to appeal for the following reason: This is a tenant situation
and the laws in Massachusetts do not allow us to evict a tenant without
proper notice.
Please call if you have any questions.
Thank you very much.
Sincerel
Deany Andersen
Property Manager `
Francis X. Sienkiewicz, Building "
cc. g Commissioner
John B. Howard, Attorney
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DEPARTMENT OF BUILDI7\G INSPECTIONS -
INSPECTOR 212 Main Street ' Municipal Building
Northampton, Mass. 01060 S-
June 23, 1995 '
i
NOTICE ORDER
OF AND TO
ZONING ORDINANCE CEASE , DESIST
CODE VIOLATION AND ABATE
MR. , 1f4. John Dunn and all persons having notice of
this order.
As owner/occupant of the premises located at 17 N_ Man1P St.
assessor' s map ` plot and known as Thp Maples
you are hereby notified that you are in violation of the City
of Northampton or State codes and/or Ordinance ( s ) , Article ( s)
CMR780 , Section( s ) 108 , and are ordered this date 6/23/95 , to
1 . CEASE AND DESIST IMMEDIATELY, all functions connected
with this violation , on or at the above mentioned
premises .
SUMMARY Using commercial unit as a lodging house
OF
VIOLATION
2 . COMMENCE WITHIN ( 24 ) hours/days action to. abate
this violation permanently.
SUMMARY Move all parsons mit and rPtitrn to rnmmarrial use
OF
ACTION
TO
ABATE
and if aggrieved by this order, to show cause as to
why you should not be required to do so , by filing
with the City Clerk of the City of Northampton, a
Notice of Appeal ( specifying the grounds thereof)
within thirty ( 30 ) days of the receipt of this order.
If, at the expiration of time allowed, this violation has not
been remedied, further action as the law requires shall be taken.
By order of ,
i
Francis X. Sienki. -z__....
BUILDIH ISSIONER
ZONING ENFORCEMENT OFFICER