10D-017 TACEY (22) PATRICK j.MELNIK
ATTORNEY AT LAW
110 King Street Am 2
Northampton, MA 01060
413.5 4-6750
June 18) 19871K':"
Hampshire Superior Court
P.O. Box 1119
Northampton, Mass. 01061
RE: Tacy City of Northam ton
Dear Ms. Thibodo: Please
Enclosed please find Plaintiffs' Requests For Admissions.
file in your usual manner.
•
e Plaintiffs' Requests
1 certify by this letter I served copies of th Solicitor
For Admissions on all parties to this action, including the City
for the City of Northampton by mailing postage prepaid this date.
Sin Arely,
Altrick J. Melnik
V
pjM/dfk
Enc.
CC: Building Inspector for the City of Northampton
Zoning Board of Appeals and its Members: Dr. Peter Laband
William Brandt
M. Sanford Weil, Jr.
I
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE , S . S . DEPARTMENT OF THE TRIAL COURT
SUPERIOR COURT DIVISION
CIVIL ACTION NO . 87-138
EUGENE A . TACY , et al . 3,,U\ a
Plaintiffs
,JUN 2 087
V . '8
j
THE BUILDING INSPECTOR FOR ] OUT,OFBUILDING INSPECI1CS'
THE CITY OF NORTHAMPTON , et al . ] NORTHAMPTON,PAA_01060 j
Defendants ]
Plaintiffs ' Requests For Admissions
Now comes the Plaintiffs in the above entitled matter who
file the following Requests For Admissions and request that the
Defendants in this matter , namely The City of Northampton , The
Building Inspector For The City Of Northampton , The Zoning
Board Of Appeals For The City Of Northampton , acting through
its members , namely Peter Laband , William Brandt, and M.
Sanford Weil , Jr . admit the following facts pursuant to the
provisions of Massachusetts Rules of Civil Procedure , Rule 36 .
1 . Eugene A . Tacy , James J . Tacy , Richard J . Tacy , Harold G.
Tacy and Helen N . Tacy are the owners of real estate
located on the east side of Main Street in Leeds in the
City of Northampton as shown on Assessor ' s Map for the
City of Northampton , Sheet No. IOD , Parcel 17 .
2 . The Tacys acquired title to the real, estate that is the
subject matter of this dispute on or about June 1 , 1982
from George G . and Margaret W. Tobin .
3 . The entire land that is the subject matter of this
dispute is in a Special Industrial Zone for the City of
Law Office Northampton and contains approximately two and one-half
PAT1uCKJ.D1EIA,1K ( 2 1/2) acres of land and has frontage on both sides of
110 King Street Main Street in the Village of Leeds in the City of
Northampton,MA 01060
Northampton .
413-584.6750
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4 . On or about October 13 , 1983 , the Tacys , by their
Attorney , sent a letter to the Building Inspector for the,
City of Northampton requesting approval for permission to
build a one-story structure as a construction supply
establishment . '
Copy of the letter sent to the Building Inspector for the
City of Northampton on October 13 , 1983 is attached
hereto and marked Exhibit "A" .
5 . On or about October 18, 1983 , the Building Inspector for
the City of Northampton indicated that the City of
Northampton would. issue a building permit for the Tacys
for the purposes of storing contractor ' s equipment in
response to the October 13, 1983 letter .
Copy of the Building Inspector ' s letter is attached
hereto and marked Exhibit "B" .
6 . Prior to purchase by the Tacys, the (remises had been
used by George Tobin for many years as a contractor ' s
yard for the storage of construction equipment and
materials used in connection with the construction trade ,
including raw materials for the construction industry.
7 . At the time of the purchase of the premises by Tacy , the
premises were continued to be used by the Tacys as a
contractor ' s yard for the purpose of storing construction
equipment , including bulldozers , backhoes and raw
materials used in connection with the construction
industry , including sand , loam, cement blocks and other
Law Office materials used in connection with an excavating business
PATRICK J.NIELNIK
110 King Street operated by the Tacys .
Northarnpton,MA 01060
413-584-6750
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8 . Thereafter , on or about September 21 , 1984 , Eugene A .
Tacy filed an application for a zoning permit with the
City of Northampton . The zoning permit application filed
by Eugene A. Tacj► requested the following:
A . A special permit for the purpose of open storage of
raw materials or construction equipment under Table
of Use Regulations of the City of Northampton , Item
#13 .
B . Eugene A . Tacy also filed application for a Finding
under Section 9 . 3B , Appendix A of the Zoning Orders
of the City of Northampton for a finding that the
alteration of the existing use of the property to
include a construction supply establishment is not
substantially more detrimental than the existing use
of the property .
Copy of the zoning permit application dated
September 24 , 1984 is attached �iereto and marked
Exhibit "C" .
9 . Under the Zoning Ordinance of the City of Northampton ,
the open storage of raw materials is allowed by special
permit in a Special Industrial District . The open
storage of raw materials and the storage of construction
equipment were pre-existing non-conforming uses to the
property .
10 . Paragraph #13 of the Table Use Regulations of the Zoning
Ordinance of the City of Northampton also allows, by
Llwoffice special permit in a Special Industrial Zone , a structure
PATRICK J.MELNIK for storage of construction equipment , provided outside
110 King Street
Northarnpton,MA 01060 storage areas are screened from outside view.
413-584-6750
ki
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11 . Further , a construction supply establishment is allowed
by right under Paragraph 3, page 5-12 of the Table of Use
Regulations of the Zoning Ordinance of the City of
Northampton in a special industrial zone .
Copies of Table of use Regulations of the Zoning
Ordinance of the the City of Northampton are attached
hereto and marked Exhibit I'D" .
Section 9 . 3B of the Zoning Ordinance of the City of
Northampton is attached hereto and marked Exhibit "E" .
Definition of construction supply establishment from the
Zoning Ordinance of the City of Northampton is also
attached hereto and marked Exhibit 'IF" .
12 . After Hearing and a meeting held on November 28, 1984 ,
the Zoning Board of Appeals for the City of Northampton
unanimously granted Eugene A . Tacy his request for a
special permit . Copy of special permit is attached
hereto and marked Exhibit IIGI' . The 'decision of the
Zoning Board of Appeals , which is attached hereto and
marked Exhibit "H" , was properly issued in all respects
and duly recorded in the Hampshire County Registry of
Deeds in Book 2637 , Page 206 .
13 . Eugene A . Tacy did not construct his building for his
purpose of establishing a construction supply
establishment within eighteen ( 18) months after the
decision , dated November 28', 1984 .
Law Office 1.4 . Eugene A . Tacy did continue to operate his contractor ' s
PATRICK J.MELNIK yard for the open storage of raw materials , storage of
110 King Street
Nortbampton,MA 01060
413-584-6750
-5-
construction equipment , and also rented such equipment
stored on the premises pursuant to the use of the
premises as a construction supply establishment .
15 . Thereafter , beginning in October of 1986 , Eugene A. Tacy
filed an application for a building permit with the
Building Inspector for the City of Northampton .
Copy of the building permit is attached hereto and marked
Exhibit "I" .
16 . The purpose of his building permit was for the purpose of
constructing a building as a construction supply
establishment and also to use the building for the
purpose of storing his contractor ' s equipment .
17 . The Building Inspector for the City of Northampton
refused to grant a building permit alleging that the
building was not constructed within the eighteen months
of the granting of the special permit for the use of the
premises as a construction supply establishment or
contractor ' s yard .
18. Thereafter , Eugene A . Tacy filed an application for a
zoning permit requesting the same special permit and
finding that he had requested in 1984 .
19 . A copy of his application for a zoning permit is attached
hereto, dated February 20 , 1987 , and marked Exhibit "J" .
20 . After Hearing , the Zoning Board of Appeals issued a
decision denying Eugene A . Tacy ' s application for a
special permit and finding.
Law Office
PATRICKJ.MELNIK 21 . A copy of decision of the Zoning Board of Appeals is
110 KingStreet I
Northainpton,MA 01060 attached hereto and marked Exhibit "K" .
413-584.6750
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22 . The only difference between the application for the
permit requested in 1984 and the permit requested in 1987
was that in 1984 Eugene A . Tacy sought a permit for '
construction of a► 30 ' by 30 ' building and subsequently
requested a permit for construction of a building 60 ' by
60 ' .
23 . A 60 ' by 60 ' building for an allowed use under the zoning
Ordinance of the City of Northampton in this district
would not require a variance or special permit . The
setback requirements and all of the dimensional zoning
conditions for the request for a building permit filed by
Eugene A . Tacy have been met .
24 . The only reason the building permit for Eugene A . Tacy
was denied was because the Zoning Board of Appeals
determined Eugene A . Tacy 's proposed use of the premises
and the bulding required :a finding under Section 9 . 3B of
the Zoning Ordinance for the City of Northampton .
V
June 18 , 1987
iatri-cki . Melnik
110 King Street
Northampton , Mass . 01060
584-6750
Iaw Office
PATRICK J.MELNIK
110 King Street
Northampton,MA 01060
413-584-6750