10D-017 TACEY (13) rf
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, S . S .
4p
EUGENE � T'A CYr
1 OCT 2
A
Petitioner
J >L ...
BUILDING INSPECTOR FOR J � ft,j. C � '-`
THE CITY OF NORTHAMPTON )
1TOTICE OF APPEAL
Now comes Eugene A. Tacy of 158 North Maple Stree
Florence , Massachusetts who states that on or about Augu's' t , 1988
he filed an application for a Building Permit with the City of
Northampton for the purpose of constructing a Construction
Supply Establishment on his property located on Main Street ,
Leeds , Massachusetts , Assessor ' s Map 10D , Parcel 17A. The
property is zoned Special Industrial . The Building Permit for
the Construction Supply Establishment is allowed by right under
the City of Northampton. Zoning Ordinances and a Building Permit
for the Construction Supply Establishment was issued by the
Building Inspector for the City of Northampton.
On or about October 7 , 1988 the Building Inspector for the
City of Northampton, Edward J. Tewhill revoked Permit Number 632
issued on October 7 , 1988 . No reasons for revocation was given.
On behalf of Eugene A. Tacy I hereby appeal pursuant to
the provisions of Massachusetts General Laws , Chapter 40 (a) ,
Section 15 from the enforcement action of the Building Inspector
revoking the Building Permit. On behalf of Mr . Tacy I contend
that the Building Inspector had no right to revoke this Permit
and that the Building Permit should be reinstated. Attached to
this Notice of Appeal is a copy of the revised application for
Variance and Special Permit which I have modified to reflect the
request for Appeal .
October 20 , 1988 -ya
atrick J. Melnik Esq.
110 King Street
Northampton, Ma 01060
584_-6750
Cllilj2ld at City Clerk's Office
Law Office 311��T11 innti ,l; ! lnn
PATRICK J.MELNIK
110 King StreetAJO
Northampton,MA 01060
413-584-6750 i
r
_ � J
Do Not Write In These Spaces r Application Number:
Check0d ' Filed Fee Pd. Rec'd. ZBA Map(s) Parcel(s)
By; s t,, Date By Date Date Amt. Date By Date
APPUCATI04f,JS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. Name of Applicant Eugene A. Tacy
Address 158 North Maple Street, Florence, Massachusetts
2. Owner of Property Eugene A. Tacy and James J. Tacy
Address 158 North Ma le Street Florence Massachusetts
3. Applicant is: XOwner; 1.7 Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
SPECIAL PERMIT under the provisions of Section-page-of the Zoning Ordinance
of the City of Northampton.
,OTHER: Appeal of the Decision of the Building Inspector to Revoke a Building_
Permit Number 632 for a Construction Supply Establishment.
5. Location of Property Main Street, Leeds, Massachusetts , being situated on
the East side of Main Street; and shown on the Assessors' Maps,
Sheet No. 10D Parcel(s) 17A
6. Zone Special Industrial
7. Description of proposed work and/or use;' Applicant proposes to construct a
Construction Supply Establishment that is a 60' x 60' building pursuant to the
attached plans.
Construction Supply h�stablis hentis an allowed use by rigtit in
this district . The lot is a con Forming lot to zoning in all dimensional
and density requirements o t e zoning will e adtiered to.
8. (a) Sketch plan attached; ❑Yes El No
(b) Site plan: CYAttched ❑Not Required
9. Set forth reasons upon which application is based: This is an Appeal of t-hp decisinn-nf -
the Building Inspector to revoke the permit. A copy of the Notice of revocation
is attacried to this Appeal. Construction Supply Establishment is an allowed use by
right in this district. The lot is a cdnforming lot to zoning in all dimensional
and density requirements of the zoning will be adhered to.
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to 7
a best of my knowledge.
Date October 18, 1988 Applicant's Signatur T/S
Assessor's Map " {
r 11. List of Abutters: Address Sheet No. Parcel
Roman Catholic Bishop
1. 0f S ringf1eId 217 Main St - Lacds
St. Catherine's Church - Roman
2.Catholic Bishop of Rz ringField 195in St. 1OB-92
3. Massarliusetts Flortric Route 9 - Haydenville Rd. 1OB-100
4. Helen A. McCarthy 183-185 Main St_ - T.eeds IOD-16
5 Clarence L. Chatfield Main St. - Leeds 1OD-18 _
6. James P. Doppman 167 Main St. - Leeds 1OD-19
Sena R. Lococco
7. Joseph S. Lococco 163 Main St. - Leeds 1OD-20
8. City of Northampton City Hall - Northampton 1OD-22
9. James & Ka hl Pn F11int 19 F1orepCe St - beedg 1nD-91
10. Heirs of Nora Steidler 41 Florence St. - Leeds 1OD-24
11 Russell J. Myette 183 Main St. - Leeds 1OD-33
12.
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18.
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21.
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25.
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26. ��
5du,
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30. T
(Attach additional sheets, if necessary)
PLAIN, T+SHOP
ti 40A § 14 CITIES, TOWN&8t D
4 Note14 -
'story and deck to a restaurant located in a: permit applicant had not met its burden
' waterfront district,where there was no evidence ing that proposed construction in floes ,.
that the owner of the restaurant had co
mpli#d district would not endanger the-health
with the applicable zoning bylaw relating to, ty of the district's residents and such
parking. Howland v.Board of Appeals of Plym- supported by evidence before trialjudW_
outh (1982) 434 N.E.2d 1286, 13 Mass.App. 520. sufficient ground to deny' the'specW
Zoning board of appeals was without authority Subaru of New England, Inc v. Board
to grant application for special permit to do peals of Canton (1970) 39� N.E.2d 880,1
construction work in watershed protection digs- App. 483. r ;a •. x4 ,�:;_--•i
trict,where applicant failed to satisfy his burden ' 17. Variances—In general ,
of demonstrating that his proposed ,use would
not endanger health and safety of district's regi- Although city board of appeals lacked
dents or other land within district and failedto tY to allow proposed balconies on apr-;
satisfy qualifying criteria for permit which ap- building by virtue of zoning bylaw which
peared in zoning bylaw. Stivaletta v.Zoning Bd. ted exceptions to front yard;setback .
r of Appeals of Medfield (1981)429 N.E.2d 66, 12 ments for ground.story bays:and poncho
Mass:App:994. : P.T`) may project into any front yard three
1' Noone has absolute right to a special permit half feet, Superior..Court;properly.'
for certain use of land,but,rather,city's board annul the board's decision granting the
of appeals has power to deny a permit as long'as from the front yard setback requir
•board's decision is neither. based on legally un-, more stringent findirg3 than were
r tenable grounds and is not unreasonable, whim- justify the granting of the variance
sica4 capricious or arbitrary S;_Tca"mhl.Fischer made by both board and Superior
Reae3ty 'Irusi. Y. Bwwd of Appra s Ad IGcndaird We"tse:slaik a kafflout uUmmumea
r (1980)402 N.E.2d 100,9 Mass-App.477,certiorha- �'elO�� Wolfmaa v- Board of bplti
ri denied 101 S.Ct.566,449 U.S.1011,66I,,FAL?d Brookline (1983) 444 NE.2d 943, 15
468- 112, review denied 447 NX�.?d 870, 3
-1104. ..
16. — Findings,special permits Unless use significantly detracts fros
;finding of town board of appeals thatl".
'tan- plan for the diatrict, local'discretionarp '
dards for issuing a special permit for a commor variance, all other statutory elemenia 3
tial;parking lot in a residentially zoned.area upheld;be , 1
U were met was not in excess of board's authority of a substasatisfntial derogation derot tion r�eoo w s.
under zoning bylaw and was not the result jof
whim.or caprice and did not of a variance is to.give a landowner a bs't
P permit a use riot permit to use his property - .
� P perry in a.manner d!
contemplated by the bylaw. •Garvey v" Board of Com')•
Appeals of Amherst (1980) 400 N.E.2d 880,' 9 violative of the zoning ordinance and W
variance in particular permits a use rrrh
Mass-App'
Finding
856. ordinance prohibits. Cavanaugh,y 15P�
J
I Finding by board of appeals that it could riot (1980)401 N.E.2d 867,.9 MassApp.39(i
be determined that construction of building Im �X
flood plain district would not adversely affect 21 .-.Findings,variances , -
preservation of flood control characteristics aappd :-Boyajian v. Board of.Appeal 1of Wry
water storage capacity of district,was in sdb- (1978) 374 N.E.2d 1237[main-volume]
stance equivalent to a determination that spec`
§ 15 Appeals to permit grantingauth nt notrc , M'1 Ita�'i
Y�, a time• $of app* } >_
01.
procedure , �x
+•Any appeal under section eight,to a permit granting authority shall betaken
thirty days from the date of the order or decision which is being appealed. The ped
2 ; shall file a notice of appeal specifying the grounds thereof, with'the city:or town;;
and a copy of said notice, including the.d4te and time of filing certified:bgthe to
shall.be filed forthwith by the.petitioner with the officer or board whose order or dt'.
F is being appealed, and to the permit granting authority, specifying'ia the notice V.
for such appeal. Such officer or board shall forthwithtransmit to the board of appy° .
zoning. administrator all'documents and-papers constituting the record of the a._
which the appeal is taken
Amy'appeal to a board of appeals from the order or decision of a zoning adminig"
if any, appointed in accordance with section thirteen shall be taken:}yithin:thirty
-
the date.of such order or decision or within thirty days from the.dato on:which thea`.
application or petition in question shall have been deemed denied.in.accordance wad
section thirteen, as the case may lie, by having the.petitioner file:a-.notice of t w
specifying the
grounds thereof with the city or.;town-clerk and:.,a.;copy�of:said
42
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s �
'A�r
of
DEPARTMENT OF BVILDDIG INSPECTIONS r
f
212 Main Street 11 Municipal Building ,
INSPECTOR Northampton Mass. 01060
NOTICE OF REVOCIATION OF PERMIT
NOTICE TO STOP WORK
October '7, 1988"
TO: Eugene Tacy
As Acting.Building Inspector—far-tba...CitX.nf-NQrtbamptoor_I.-.--�..•----•.-- --
am notifying you that I am revolting the building permit numbered
6�2 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 lease immediately. No further
activity on the site in connecti'On with the erection of this build-
ing is to take place.
Very truly yours,
Edward J. Tewhill
Acting Building Inspector
I