10D-017 TACEY (3) Received in City Clerk' s Office - December 6, 1989 C.`5 a C.3 j
copy sent to Bldg Inspector, Law Dept. , and Board of Appeals
COMMONWEALTH OFI', MASSACHUSETTS
Hampshire, ss. Superior Court
Civil Action No. 89-309
1C R 0 V
BUILDING INSPECTOR OF THE CITY ]
OF NORTHAMPTON, ] DEC 6 W
Plaintiff ]
]
VS. l ? DEPT Of BUILDING INSPECTIONS
] NORTHAMPTON,MA 01060
TACY CONSTRUCTION CO. , INC. , et al ]
Defendants ]
SUMMARY JUDGMENT
This action came on to be heard before the Court , Murphy, J.
presiding , upon motion of the defendant Tacv Construction Co. , Inc .
a/k/a Tacv Excavating Co. , Inc. for summary judgment and to dismiss ,
and pursuant to Mass . R. Civ. P . 56', the parties 'having beenheard,
and the court having considered the pleadings, briefs , affidavits
and opposition briefs filed, finds that there is no genuine issue
as to material fact and that the plaintiff, Building Inspector of
the City of Northampton is entitled to a judgment as a matter of
law;
Therefore, it is ORDERED and 'iADJUDGED as follows :
1 . Judgment is hereby entered for the plaintiff, Building t
In,sgec,tc�KZ)pf the City of Northamptgn and the constructive grant of
a 1Spec�i�a1 Permit j"agy Construction Co. , Inc. is hereby annulled;
he clerk, a] 1,,,rwithin thirty days send attested copies
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thereof to the Building Inspector, Zoning Board of Appeals and the
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jerk of the City of Northampton}
Dated at Northampton, Massachusetts this First day of
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December, 1989 . I
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FORM OF JUDGMENT APPROVED:
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Jo F. Murphy, J C er /Magi .#'irate
Jul9tice of the S p for Court
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DEPARTMENT OF BVILDIXG INSPECTIONS
INSPECTOR 212 Main Street ! Municipal.Building
Edward J. Tewhill Northampton, Mass. 01060 'v
November 2, 1988
Mr. Paul J. Duclos
53 Hinkley Street
Northampton, Mass. 01060
Dear Mr. Duclos:
Reference to your complaint dated October 20, 1988, #274-88, with reference
Stop Work Order issued on Building Permit #632 issued to Eugene Tacy on October
7, 1988, please be advised that the build ng permit was improperly issued.
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Sincerely,
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Edward J. ewhi 11
Acting Building Inspector
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Northampton, Mass. 01060
CO[MPLA[NT SHEET
How received: Telephone ( ,' Complaint No.vl
1-117
Personal ( i . OCT 2 0 w Date:
Letter ( r Time: �l�A.M. P.M.
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'' Telephone No.
Complainant's Name: V L b
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Complainant's Address:
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DEPT. OF SUILCDI G INSPE%M1491
212
Complaint received by: �
VIOLATIONS OF: NordWMAOR i11MW&01060
i� Chapter 44 Zoning Ordinances, City of Northampton
�1 Chapter 802 As Ammended Mass. State Building Code
❑ Sanitary Code, Art.2
Complaint reported against:
Name: 7T�-ED 7N-M W 4 1 L- Tel.
Address: Int.bll Ig r 1 — CAIN 14hUs. r%Q69XjA%"-7 Ib�—MA .
Location of complaint: Mn,�a Srt, LA VS Map# Lot#
Signature of Complanants:
N-::Le�1-11
Nature of complaint:
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Investigation: Yes ( ) No ( ) Investigated by:
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DEPARTMENT OF BL4LDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building
Northampton,' Mass. 01060
NOTICE OF REVOCATION OF PERMIT
NOTICE TO STOP WORK
October 73, 1988
TO: Eugene Tacy
As Acting Building Inspector for the City of Northampton, I
am notifying you that I am revoking the building permit numbered
632 issued to you on October 7, 1988, for a building to be erected
at 175 Main Street, Leeds, Ma. shown on Assessor's Map 10D as
Parcel 17A.
All work on said building is to cease immediately. No further
activity on the site in connection with the erection of this build-
ing is to take place.
Very truly yours,
Edward J. Tewhill
Acting Building Inspector
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' DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building
Edward J. Tewh i l l Northampton, Mass. 01060
November 2, 1988
Patrick J. Melnik, Esq.
110 King St.
Northampton, Mass. 01060
Re: Eugene A. Tacy & James J. Tacy
Dear Atty. Melnik:
Regarding our telephone conversation on November 1 , 1988, pertaining to the
back fill in the illegal foundation located at City Tax Map 10D - Lot #17A, . 175
Main St. , Leeds, only to prevent any damage to the foundation from frost and winter
conditions.
When back-filling please advise the Tacy's not to create a water problem. If
you have any further questions please feel free to contact me at 586-6950 ext. 239.
Sincerely, _
Edward J. Tewhill
Acting Building Inspector
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pc: Eugene Tacy
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JUN 2 31989
DECISION OF ate•OF BUILDING INSPECTWNS
NORTHAMPTON,MA.01060
NORTHAMPTON PLANNING BOA /A
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At a meeting held on June 8 , 1989, the Planning Board
of the City of Northampton voted unanimously to APPROVE the
Site Plan submitted by James Tacy and Eugene Tacy relative
to the construction of a 3 , 600 square foot building on Parcel
17 , Sheet 10D at 175 Main Street, Leeds. The Site Plan
Review was conducted under the Provisions of Section 10 . 11
of the Northampton Zoning Ordinance. Present and voting were
Chair N. Duseau, J. Arnould, J. Beauregard, A. Crystal, M.
Mendelson, J. Hale, J. Cahillane, and E. J. Gare III .
The findings were as follows:
1 . Section 10 . 11( 4 ) (a) requires a proper locus plan be
filed, and the Board determined that it was. The plan being
approved is entitled, "Sketch of Land in Northampton,
Massachusetts ( in the Village of Leeds) prepared for Eugene
A. Tacy by Almer Huntley, Jr. and Associates, Inc. , dated
June 8 , 1989.
3 . Section 10. 11 ( 4) (b) requires that a site plan at proper
scale be filed, and the Board determined that it was.
4 . The Board determined, by an item-by-item consideration,
that all the criteria in Section 10 . 11( 4 ) (b) ( 1 through 18 )
had either been met, or properly waived.
5 . The Board determined that, under the requirement of
Section 10 . 11( 4 ) (c) that the estimated peak hour traffic
volume generated by the proposed addition would be eight
cars.none.
6 . The Board looked to the Review/Approval Criteria under
Section 10 . 11( 5) and found that:
A. The plan provides for protection of adjoining
premises against seriously detrimental uses by provision for
surface water drainage, sound and sight buffers, and
preservations of views, light and air. The Conservation
Commission will be asked to review the storm water runoff.
B. The plan satisfactorily deals with the convenience
and safety of vehicular and pedestrian movement within the
site and on -.adjacent streets; the location of driveway
NORTHAMPTON PLANNING BOARD DECISION
JAMES TACY AND EUGENE TACY SITE PLAN REVIEW
PAGE TWO
openings in relation to traffic, access by emergency
vehicles; and to adjacent streets and, when necessary,
compliance with other regulations for the handicapped, minors
and the elderly.
C. The plan satisfactorily addresses the adequacy of the
arrangement of parking and loading spaces in relation to the
proposed uses of the premises.
D. The plan satisfactorily addresses the relationship
of structures and open spaces to the natural landscape,
existing buildings and other community assets in the area,
and compliance with other requirements of the ordinance.
E. The plan satisfactorily deals with mitigation of
adverse impacts on the city' s resources, including the effect
on the city' s water supply and distribution system, sewage
collection and treatment systems, fire protection, and
streets .
The following conditions shall apply:
1. There must be no more than 54o square feet of retail
selling space in the building.
2 . The cited plan must be resubmitted to the Northampton
Planning Board with the stamp of a certified engineer.
3 . There must be nine parking spaces on the lot that meet
the requirements of the Northampton Zoning Ordinance.
4 . There must be total and permanent discontinuance of the
"contractor ' s yard" use on Parcel 17,
5. The "Agreement for Conditions, " the so-called
"neighborhood agreement, " as prepared by Atty. Melnik' s
office, and signed by Eugene, Richard and James Tacy, must
be adhered to.
t /
Nancy P. Du au, Chair
John L. Cahillane Dr• . Jozkef Arnould
NORTHAMPTON PLANNING BOARD DECISION
JAMES TACY AND EUGENE TACY SITE PLAN REVIEW
PAGE THREE
i
E. Jo,06 Gare III Judith Hale
James Holeva Marion Mendelson
Andrew Crystal, ' _ /Dr/.",Joseph Beauregard
Northampton Planning Board
June 8 , 1989 Meeting
Page One
The Northampton Planning Board met at 7 : 00 p. m. on Thursday, June
8 , 1989 in Council Chambers, Wallace J. Puchalski Municipal
Building, 212 Main Street, Northampton. Present were Chair N.
Duseau, J. Arnould, J. Beauregard, A. Crystal, M. Mendelson, J.
Hale, J. Cahillane, E. J. Gare III and L. B. Smith, Senior Planner.
At 8 : 20 , the PUBLIC HEARING ON THE TACY APPLICATION FOR SITE PLAN
APPROVAL was continued. Eugene Tacy appeared to make the
presentation. Again, the criteria were ticked off. Locus plan and
site plan were on file, and the 18 criteria were all satisfactorily
met. Additional traffic was estimated by Mr. Tacy to be eight cars
a day. Mr. Crystal was concerned about the absence of an
engineer ' s stamp on the plan. Mr. Tacy asked for a waiver, because
getting the stamp would cost $212 , but then asked, "Can I get
approval contingent on getting the stamp?" The Chair called for
proponents, and Paul Duclos spoke on the Applicant' s behalf , and
begged for approval. There were no other proponents, and no
opponents.
A discussion then ensued around the issue of the definitions of
"construction supply establishment" and "contractor ' s yard" uses.
Mr. Smith suspected that the proposed building was really for the
contractor ' s yard use; Mr. Tacy denied that, and described the
expensive and exotic equipment he intended to rent. The discussion
continued until Dr. Beauregard broke in saying that he had heard
enough, and expressed a desire to "get on with it. " Ch. Duseau
closed the Public Hearing.
Dr. Beauregard moved that the Site Plan be approved with
conditions. Mr. Cahillane seconded. The conditions were listed:
1 . There must be no more than 540 SF of retail space.
2 . Waive the engineer' s stamp.
3 . There must be nine parking spaces that meet the require-
ments of the zoning ordinance.
4 . There must be total and permanent discontinuance of the
contractor' s yard use on Parcel 17.
5 . The "Agreement for Conditions" [the "neighborhood
agreement] prepared by Atty. Melnik' s office, and signed
by Eugene, Richard and James Tacy must be adhered to.
The vote on Dr. Beauregard' s motion to approve with conditions was
5-3 , which means the motion failed, since a 2/3 majority of the 9-
member Board is required. The motion was modified to change
Condition #2 above to read, "A final version of the drawing before
the Board, with an engineer' s stamp, is a condition of approval.
Another vote was taken, and the motion- passed 6-2 (Mr. Crystal,
Mrs. Mendelson) .
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Nancy P . Du au, Chair
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DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building
Bruce A. Palmer Northampton, Mass. 01060
NOTICE TO REINSTATE PERMIT
November 13, 1989
Tacy Construction Co. , Inc.
158 North Maple Street
Florence, Mass. 01060
Dear Mr. Tacy:
As of this date please consider your building permit #632 issued October 7, 1988,
for the construction of a construction supply establishment , has been reinstated to
yon-:
Sincerely,
Bruce A. Palmer
Inspector of Buildings
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pc: Legal Dept.
Planning Dept.
Mayor's Office
oho City of Northampton REQUIRED INSPECTIONS
1 . Footings and Walls
BUILDING DEPARTMENT 2 • Structural Components in
Place
3 . Complete Building
No. 612 Office of the Building Inspector
Date October 7, 19 88
BUI DING P RMIT
THIS MAY CERTIFY THAT Eugene Tacy Insp, on Site — Foundations
has permission to construct construction supply establishment Insp. of Plumbing — Rough
situated on 175 Main St. , Leeds Insp. of Plumbing — Finish
provided that the person accepting this permit shall in every re- Insp. of Wiring — Rough
spect conform to the terms of the application on file in this office,
and to the provisions of the Statutes and the Ordinances relating Insp. of Wiring — Finish
to the Construction, Maintenance and Inspection of Buildings in Insp. of Health (Septic Tanks)
the City of Northampton. Any violation of any of the terms above
noted is an immediate revocation of this permit. Expires six Building Insp. — Rough
months from date. Building Insp. — Finish
Note: A certificate of occupancy will be issued by this office upon
return of this card signed by the Plumbing, Wiring and Building Smoke Detectors (Fire Dept.)
Inspectors. Gas Inspection
THIS CARD MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMISES
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Certificate of Occupancy
Building Inspector
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DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building p,M
Paul J. Duc l os Northampton, Mass. 01060 'V
September 15, 1988
Mayor David B. Musante
City Hall
212 Main St.
Northampton, Mass. 01060
Dear Dave:
As per our conversation today pertaining to the State Building Inspector,
Novello Gov oni , Springfield, Mass. He will not be available for contact until
Tuesday, September 20, 1988, between 8:30 - 10:30 A.M. at 736-3628.
I had a conversation with him today over the phone and he agrees with me
totally and would like to talk to you about it. So please telephone him during
the above listed time.
Pau/1
au J. Duclos
Building Commissioner
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