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10D-017 TACEY (6) 02899 NOTICE OF DEFAULT PURSUAT r; Rl.iil.DING INSPECTIONS -- ----- — N0;' 24,22 MASSACHUSETTS GENERAL LAWS , CHAPTER ___-_L___-____.______ AND REQUEST FOR CERTIFICATION _OF FAILURE TO ACT BY THE NORTHAMPTON CITY_--CLERK Now comes Tacy Excavating Construction Company, Inc . , Petitioner for a special permit under the provisions of the Northampton Zoning Ordinance , Section 5 . 2 , Page 5-14 , Paragraph 13 of the Zoning Ordinance for the City of Northampton by application dated December 6 , 1988 seeking a special permit for use of their premises as a Contractor ' s Yard. A copy of the application for special permit is attached to this Notice of Default under Massachusetts General Laws , Chapter 40A, Section 9 . The Zoning Board of Appeals held a Hearing on the application of Tacy Excavating Construction Company, Inc. on May 17 , 1989 . The Zoning Board of Appeals took action on the request of Tacy Excavating Construction Company, Inc . for a Finding under Section 9 . 3B of the Zoning Ordinance for the City of Northampton but failed to take action on the application for a special permit within NINETY (90) DAYS as allowed pursuant to the provisions of Massachusetts General Laws , Chapter 40A, Section 9 . This is a Notice to all parties in interest pursuant to the provisions of Massachusetts General Laws , Chapter 40A, Section 9 that the application for a special permit is approved as requested for failure of the Zoning Board of Appeals to act in said NINETY (90) DAY period. Law Office PATRICK J.MELNIK 110 King Street Northampton,MA 01060 413-584-6750 r a _ '^ A. s«w �' I ru _2_ o W 2 81989 DEPT,OF BUILDING INSW41ONS This is a further request for ce tifj(@AV S M& OQ� City Clerk for the City of Northampton that the Zoning Board of Appeals failed to act on the application for a special permit filed by Tacy Excavating Construction Company, Inc . within the NINETY (90) DAYS permitted by Massachusetts General Laws , Chapter 40A, Section 9 . The Petitioner further certifies that it has mailed copies of this Notice to all parties in interest , including the Northampton Zoning Board of Appeals by mail , postage prepaid this date . Any person aggrieved by the failure of the Zoning Board of Appeals to act within said NINETY ( 90) DAY period, or any person aggrieved by the request of the applicant for certification that the Zoning Board of Appeals has failed to act within said NINETY (90) DAY period, and that the Petitioner is requesting a grant of a special permit by default , is hereby advised that any such party in interest must file their appeal pursuant to Massachusetts General Laws , Chapter 40A, Section 17 within TWENTY (20) DAYS after the City Clerk for the City of Northampton receives this Notice of Request for Default for failure to act. August 25, 1989 T Excavating Construction an , Inc . By, --- - --- —_ _ _— Pa rick J . Mel Esq. Esq. s Attorney Law Office PATRICK J.MELNIK 110 King Street Northampton,MA 01060 413-584.6750 Do Not Write Application Number: Recd. iled Fee Pd. Rec'd. ZBA Map(s) Parcels) By Fy Date e Amt. Date ir' ? do 11 r 7L Z --maw-, APPLIMTio" HE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS: 1. Name of Applicant Tacy Construction Company, Inc . Address 158 North Maple Street - Fl-orence , MA 2. Owner of Property Tacy Construction Company, Inc. Address 158 North Maple Street - Florence , MA 3. Applicant is: nOwner; 0 Contract Purchaser; nLessee; 0 Tenant In Possession. 4. Application Is made for: 0 VARIANCE from the provisions of Section—page—of the Zoning Ordinance of the City of Northampton. Paragraph 13 INSPECIAL PERMIT under the provisions of Section 5 . 2 page 5-14/ of the Zoning Ordinance of the City of Northampton. MOTHER: Finding under Section 9. 313 or 9 . 3C of the Zoning Ordinance . 5. Location of Property 175 Main Street - Leeds , MA 01.053 , being situated on the East_---side of Main Street —Street; and shown on the Assessors' Maps, Sheet No. 10D Parcel(s) 48 6. Zone S . I . 7. Description of proposed work and/or use; Applicant proposes to continue to use the premises for rhe open storage o - raw materials , 1-1-nished goods and construction equIpmenu or HIS contracCors ' 135si-ness currenuly in o eration. No structures are pl-an but screening is intended to be instal-led. 8. (a) Sketch plan attached;1)Yes El No (b) Site plan: DAttched CKNot Required 9. Set forth reasons up nwh[t� based: The use is allowed by special. permit . A special. permit For e se was previously granted . The use proposed IS the same use LtiaL has Been ma e or the property !.or over 1.1 years . IRIS is a re existing , 110TIConlorming use Lria wj-jj con ul-litte , or is a use is w s aT owe Fy—ipeciaj permit previously. It the use Fas been ajUered, Lhe app Icant requests a Finding that the attera tion is not substantially more 10. Abutters (see Instructions; list on reverse side of form).detrimental than the prior use . 12. 1 hereby certify that information contained herein Is true to the best o Date December 6 ) 1988 Applicant's Signature— M"J. Melnik Esq. Attorney for the Applican 110 King St. - Northampto 01,060 �,�z� '.,..,, ,., .��:- x��._� _�, _. 'r�- r