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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 -2- 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 -3- 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 -4- 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 a � -6- 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