Loading...
10D-017 TACEY (18) it DECISION OF 1987i ZONING BOARD OF APPEALi' I At a meeting held on August 12 , 19871 the Zoning Board of Appeals cf the City of Northampton voted unanimously to uphold I the refusal of the Building Inspector to issue a Bu.ild.ing Permit to Eugene A. Tacy, 158 North Maple Street, Florence, MA, for the purpose of constructing a construction supply i establishment at his property located on the easterly side of Main Street, Leeds, MA. Present and voting were: Chairman Robert C. Buscher, Peter Laband and Sanford Weil, Jr. The findings were as follows : S. Weil concurred with the advise from the Legal Department that a building permit cannot be issued for the expansion of the pre-existing nonconforming use without a Finding from the Board of Appeals . He found that in the absence of a division of the lot or a discontinuance of the nonconforming contractor ' s yard, and in view of the fact that the Board denied Mr. Tacy' s previous request for a Finding (which is now in court on appeal) , that the Building Inspector ' s refusal to issue a building permit was correct. P. Laband found Att. Melnik' s argument regarding the possibility of his client subdividing the lot or discontinuing the pre-existing nonconforming use after the issuance of a building permit ingenuous. He noted that the City Solicitor had reviewed the application and found that this request still represents an expansion of a pre-existing nonconforming use, and therefore, requires a Finding from the Board of Appeals . Because of the reinforcement from the Legal Department on this matter, he supported the ruling of the Building Inspector. He . also noted that there are opportunities available to the applicant to achieve his end. R. Buscher concurred, finding the petition redundant in that the applicant has requested to be allowed to put a use on the property which would expand a pre-existing nonconforming use. Fie noted that the applicant alleged that if the Board countermanded the Building Inspector' s decision and ordered him to issue a building permit, the current nonconforming use would not continue on site. As there is no evidence that this would occur, and as the request represents an expansion of a nonconforming use, he upheld the Building Inspector' s decision to refuse to issue a building permit. �( I Robert C. Buscher, Chairman �,-�- -- Peter Laband Sanford' Weil, Jr.