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
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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
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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
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