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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 CLF h!A%j lb i NA thereof to the Building Inspector, Zoning Board of Appeals and the !f R jerk of the City of Northampton} Dated at Northampton, Massachusetts this First day of i December, 1989 . I R R FORM OF JUDGMENT APPROVED: Y � Jo F. Murphy, J C er /Magi .#'irate Jul9tice of the S p for Court v x O4g11MIp�O ' t4 of X044aluvtvn z s � � j�lass�►cl�usctfs � _ 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. i Sincerely, Ql:'� Edward J. ewhi 11 Acting Building Inspector EJT/lb i ra D , r7 ��o� oti (rzt�r of Xort4anrpton 9 e �tass�chusetfs --- (office of the � �nspertor of 19uilDings 212 Main Street*'Municipal Building 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. OUT. � I '' Telephone No. Complainant's Name: V L b �� Complainant's Address: ILL lwk,. 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: e Investigation: Yes ( ) No ( ) Investigated by: 0-S P Grff� of y+ Z � �lassa�l�usetts � A 9 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 e GrZt� of 'Nart Alli ton I $ � �Glaasach�iactta _ w. a ' 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 EJT/lb pc: Eugene Tacy file O JUN 2 31989 DECISION OF ate•OF BUILDING INSPECTWNS NORTHAMPTON,MA.01060 NORTHAMPTON PLANNING BOA /A ,o'p' i7 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) . i Nancy P . Du au, Chair (rift of Wort4amptan r � 9 �lassacfptsctts 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 BAP/lb 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 x Certificate of Occupancy Building Inspector PZda. P O���pr0 CrxtV of Nart4amptan z � � �Glassachnsctts 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 PJD/lb b