10D-017 TACEY (28) PATRICK J. MELNIK
ATTORNEY AT LAW
110 Kind Street
Northampton, MA 01060
October 13, 1983 Telephone 413-584.67.50
Building Inspector
of the City of Northampton
Municipal Office Building
Main Street
Northampton, Ma 01060
Re: Harold and Eugene Tacy Apolication for a
Building Permit on Main Street in Leeds
Dear Mr. Tewhill :
• Please be advised that I represent Eugene and Harold
Tacy and the other owners of the property on Main Street
in Leeds , Massachusetts which is zoned Special Industrial
under the existing City Zoning.
As you know, the Tacys have applied for a permit to
build a one story structure including two service bays for
a construction supply establishment. In the course of
operating this establishment the ' Tacys initially intend to
service and maintain equipment involved in construction
activities , including all construction related vehicles ,
but not including any automobiles or other non-construction
vehicles.
I appreciate you issuing them a Building Permit on this
basis. If in the future , the Tacys intend to operate this
e;,%tablishment for other than the reasons specified above
they will apply for a Special Pe;:^mit or Variance as required
under City Zoning.
incerely,,
/atrick J. Melnik
PJM/jn
of Worthamptan
# �JGIa�s�tchnsctte __ W
JU T DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building
Edgard J. Tewhill
Northampton, Mass. 01060 v
M
October 18, 1983
Atty Patrick J. Melnik
110 King Street
Northampton, Mass. 01060
Re: Harold and Eugene Tacy
Bldg. Permit - Main St. , Leeds
Dear Mr. Melnik:
Reference to your letter dated October 13, 1983, regarding above subject
building permit; please be advised that we have agreed to issue a building
permit to the Tacys for the purposeof storing contractors equipment.
Y
The property has been in continuous, use as described above therefore there
is no violation of City Zoning.
Sincererly�7
Edward J. Tewhill
Building Inspector
EJT/ld
Do'Not Write In These Spaces Application Number:
el
Rec'd. B.I. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Parcels)
Fly 1"07 BY Date Oats Amt, I Dat I Dole
APPLICATION IS HEREBY MADE TO THE CITY OF NORTHAMPTON ZONING BOARD OF APPEALS:
1. Nameof Applicant EUGENE A. TACY
Address 158 North Maple Street, No thampton, Massachusetts
2. Owner of Property EUGENE A. TACY, JAMES J. TACY, RICHARD J . TACY, HAROLD G. TACY
Address Main Street , Leeds , Massachusetts and HELEN N. TACY
3. Applicant is: 330wner; 7 Contract Purchaser; OlLessee; 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.
MPECIAL PERMIT under the provisions of Section5; 2-13 --page--3,j---.of the Zoning Ordinance
of the City of Northampton.
LXOTHER:- Fin inq that a4teration of existing use to in l_ cgnstruc-tLon
-L- �1).shm nt is n t, substantially more detrimental than the existing
suppl .
e 1 3 B� , Appen2ix
5. uslAon of Propert being situated on
the East side of PqMin !-'-LStreet; and shown on the Assessors' Maps,
Sheet No. lo 'D - , Parcel(s) 17
6. Zone Special Industrial
7. Description of proposed work and/or use; Applicant proposes to construct a
construction supply establishment on a -parcel that is currently being__
used f.-)r open storaqe oJ* raw materials and c6astruction eguipment.
The new structure stay also be used to store construction equipment as
-
weil construction supply equip-m-e—F7-
8. (a) Sketch plan attached; ®Yes C No
(b) Site plan: CAttched IRNot Required
9. Set forth reasons upon which application Is based: Current use is existing non-conf=aing
4
use That would be allowed by Special Permit under existinc[ zonina, To
TDronc,:--*1t2d use is allowed bv right -(-construction supply) or by Snecial Permit
storfiqe of equipmer.t) . The use will not be more de-:Lrimental than existing
use and , in fact will be less detrimental y
being stored in the open will be screened by a fence and the building to be
10. Abutters (see instructions; list on reverse side of form). constructed.
12. Ihereby rtify wat information uoniz.,,ed ..crein is true to theWsf9f my kn �1�e, e.
Date September 21 , 1984 Applicant's Signature-/�t,' './.
TABLE OF USE REGULATIONS (Continued)
:tea•'-z-c-•rsri�_c•,7��
District
Acar-fiW930" Z: .
Residential Business Indus- — Ccnser-
trial vancv
Principal Use RR SR UR-A UR-B UR-C CB GB HB NB GI SI SC
WHOLESALE, TRANSPORTATION AND INDUSTRIAL
1. Removal of sand, gravel,
quarry, or other raw
material (see Section 11 .2) SP SP SP '- - - - - - SP SP SP
2. Processing and treating
of raw materials includ--
ing operations appurten-
ant to the taking, such r:
as grading, drying, sort-
ing, crushing, grinding,
L and milling operations
tI (See Suction 11 .2) SP SP - - -- - - - - SP - SP
N
3. Construction supply
establishments - - - - - - - A - A A -
4. Manufacturing _ _ - - - - - -- - A SP -
5. Wholesale bakery, whole-
sale laundry, or dry
cleaning plant - - - - - SP A - A A -
5. Railroad yards and rail-
way express service - - - - - - SP SP - A A -
All - Mowed by right "PC" - allowed by special permit from - no'.
the City Council
`�p" -- a7. tawad by s�`+cia2 X-r<�rmit .from ••FSI+" — alir+w�.9 tay e;j�.�ri .al x-.e>1-mit frc>•n
... ...... ... ....... �. .... �._......... .... - ... . .. -.e- - ... -..- ,.. -..._. -.-.. -... -.cam* ..«. PF^ .. .. <1... .-
TABLE OF USE REGULATIONS (Continued)
_- �-mss, -�.,,:--�-��crrs--� ��.�-- -�.�---- --^;: •�-_ -�..„�:n —tea.::.-�,c,.r��:�.�
District
Residential Business Indus- Conser-
- trial vLncy
Principal Use RR SR UR-A UR-B UR-C CB GE. HB NB GI SI SC
T13. Open storage of raw
materials, finished goods,
or construction equipment
and structures for storing
such equi}*gent, provided
outside storage areas shall
be screened from outside
view - - - _ -
- - SP - S.P SP -
14. Storage of a fluid other
than water as a principal
U, use - _ _ _ - SP SP SP SP SP SP -
t
15. Research offices or estab-
lishments for research and s
development activities -- - - - - - SP SP - A A -
16. Burial , incineration, dis-
posal or storage of high-
level and intermediate
level radioactive wastes
i
I
B Pre-existing nonconforming uses may be extended or altere-
provided that no such extension or alteration shall be
permitted unless there is a finding by the Zoning Board o-'
Appeals that such change, extension or alteration shall nc't i
be substantially more detrimental than the existing nonc
forming use to the neighborhood and providing that if such
change, extension cot*alteration results in all uses fully
complying with the current zoning requirements, then such
finding is not necessary.
C. Pre-existing nonconforming lot - conforming use
When a conforming use on a pre-existing nonconforming lot
is changed, extended or altered to a use which requires A
larger minimum lot area, minimum lot width or frontage
and/or minimum lot depth than is required for the present
use, then a variance must be received with regard to the
pre-existing nonconformity of the lot. When a conforming
use on a pre-existing nonconforming lot is changed, ex-
tended or altered to a conforming use which requires the
same or less minimum lot area, minimum lot width or f1rontacd
and/or minimum lot depth than is required for the present ' I
use , then a finding (as stated in 9. 3B above) would be re-
quired.
D. Pre-existing nonconforming lot --nonconforming use
Pre-existing nonconforming u�es on pre-existing nonconformi
lots may be extended or altered provided that no such exten
cion or alteration shall be permitted unless there is a
finding by the Zoning Board of Appeals that such change,
extension or alteration shall not be substantially more det
mental than the existing nDnconforming use to the neighborha
(Adopted August 16 , 1984)
E. Pre-existing nonconforming structure - change in use
A use in a pre-existing nonconforming structure may be
changed, extended, or altered only if there is a finding byi
the Zoning Board of Appeals that such change, extension or
alteration is not substantially more detrimental than the
existing use to the neighborhood. (Adopted 3/21/85)
(Amended 6/5/86)
Section 9 . 4 - Single Lot Exemption for Single and Two-Family Use.
Any increase in area, frontage, width, yard or depth requirements of
the Zoning Ordinance shall not apply to a vacant lot for single and
two-family residential use, which:
(a) has at least 5 , 000 square feet of area and fifty feet of
frontage;
(b) is in an area zoned for single or two-family use (a special
permit must be obtained if one is required) ;
askm."M
ing BUILDING, NONCONFORMING: A building, lawfully existing at the
effective date of this Ordinance, or any subsequent amendment
thereto, which does not conform to one or more of the applicable
regulations for the district in which the building is located.
ri ILI Ilrljll "Il- I",I
fit INT f I :;NI4VWI,: IIID I1%'J'VAhkI:;IINNN'I1: Aiiy 1)u:L].(11nc1
is t.jle provi8io __6_f services or
supplies to the business , commercial , industrial or institutional
community but not including retail sales to the general public
except as a secondary and subordinate ancillary activity.
CELLAR: A portion of a building, Z..
partly or entirely below grade, half
or more than one-half of its height
measured from fininhod floor to fin-
ished ceiling, below the average
finished grade of the ground ad-
tXvy AN Vilow; 4iC(2AkC_
joining the building. A collar is
Z,
not deemed a story.
CERTIFICATE OF USE AND OCCUPANCY: A statement signed by the
Administrative Officer, settingfortheither that a building or
structure complies with the Zoning Ordinance or that a building,
structure or parcel of land may lawfully 'Se employed for specified
uses, or both.
tl
CLUSTER RESIDENTIAL DEVELOPMENT: A development undertaken in
accordance with the provisions of Section 11.4 of this Ordinance,
consisting of a variety of dwelling types integrated with each
other and with a significant area of common open space, and developed
d at a density not exceeding that which would be ordinarily expected
C from a typical conventional subdivision.
COMMERCIAL VEHICLE: A vehicle registered for commercial use.
ni
rl COMMUNITY RESIDENCE. See HALFWAY HOUSE.
CONSTRUCTION SUPPLY ESTABLISHMENT: An establishment which sells ,
rents, leases, services, and 7o—rotherwise maintains materials
and/or equipment involved in construction activities , including,
but not limited to hardware, lumber, and equipment sales, and mill-
work.
DAMAGE TO THE ENVIRONMENT: Any destruction, damage or impairment,
,actual or probable, to any of the natural resources of the common-
wealth including, but not limited to, air pollution, water pollution,
improper sewage disposal , pesticide pollution, excessive noise, im-
proper operation of dumping grounds, impairment and eutrophication
of rivers , streams, floodplains , lakes, ponds ,. or other surface or
subsurface water resources, 6estruction of seashores, dunes, marine
resources , underwater archaeological resources, wetlands, open spaces,
natural areas, parks, or historic districts or sites.
I) wivLtvV DVAJW UP" AYYL'AL5
At a meeting held on November 28, 1984, ' the Zoning Board of Appeals','..
of the City of Northampton voted''unanimously to grant the special permit
request of Eugene A. Tacy, 158 North Maple Street, Florence, (Northampton) `
to construct a building for the purpose .of establishing a construction .supply
business in conjunction with his existing contractor's yard on Main Street,
Leeds. (SI Zone). Present and voting were: Chairman Robert C. Buscher,
William Brandt and Peter Laband.
The findings were as follows:
M
William Brandt commented that when altering the pre—existing
nonconformance, something that is allowed by right now needs a special
permit and found that- the proposed use is less detrimental than the
present use. He also found that the building will bear a positive
relationship to the public convenience as storing construction-c:--. V
equipment that is now stored outside will be stored inside a building
and be less of an eyesore; that the proposed use will not cause any
undue traffice congestion or impair pedestrian safety;,. that it will
not overload any municipal systems; and that the proposed use will not
impair the character of the district, as a construction- supply business
is allowed in that zone.
• !Y
R. Buscher concurred.
P. Laband also concurred, stating that all requirements for a
special permit have been met.
The following conditions shall apply:
1. That fencing along the northerly sideline of the lot
be constructed and partial fencing or shrubbery placed
along the front of the lot.
2. That the operation of the retail business be restricted
to emergency only after 1:00 p.m. SatuFday and all of
Sunday.
3. That the business be geared towards general contractors .
rather than the general public.
4. That the building should in no way exceed the height allowed
in that zone.
Received at City Clerks Office Ro ert C. B scher, Chairma
ORTHAMPTO , MASS.
0 0 o f
B
�-'L-r`-- Wi liam Brandt
Date eIf
Time 1l Cts;f1. �'�, - ueLl�_'t�,
—
Peter Laband
CERTIFICATE OF CITY CLERK } 5,
October. ;�19 5,
A.
I , Adeline Murray, City Clerk of the City of,• N"th#mp,tpn,;"''heteb�
certify that the above decision of the NorthamptQr1`�4' oning Board' of
Appeals was filed December 13, 1984, that tweA*ty^days, Jiave elapse
since such filing and that no appeal his been file in this-',matter.
Attest: �
City Clerk, City, `6P`901 t to
: �:ti -
r CITY OF NORTHAMPTON
M MASSACHUSETTS
Ii of OFFICE of the INSPECTOR of BUILDINGS
Page Plot APPLICATION FC
SPECTOR ZONING PERMIT /
f BUILDING PERMi
IMPORTANT — Applicant to
complete all items in/sections: 1, 11, 111, IV, and 1X.
ZONING
AT (LOCATION? r! 7 r"1 r], f C� E�U- 5 DISTRICT
LOCATION (STREET)
! . (STREET) —`
OF BETWEEN 4 �f AND
BUILDING (CROSS STREET) (CROS Y STREET!
SUADIVISION LOT �J
BLOCK LOT SIZE �r J�
/ /1CYI „r
11. TYPE AND COST OF BUILDING — All applicants complete Ports A — D
A. TYPE OF IMPROVEMENT D. PROPOSED USE - For"Wrecking" most recent use
i
1 X
7 New building ResidentialNI
onresidential j
2 ❑ Addition(If residential. enter number 12 ❑ One family
of nrtu housing units added, it any, 18 i I Amusement, recreational
in Part l), 13) 13 j❑ Two or mare family - Enter 14 Church, other religious �
mote
number of units- - - - -.� 20� Industrial
)
3 ❑ Alteration (.(See2 above)
14 ❑ Transient hotel, l,
4 �� i?npaii, replacement 21 Parkin or dormitory - isttter nurnhrr5 Ell �- I 4 garage
Wrecking (it multifamily rrsLlrn[ial, of units - _ -► 22 j Service station, repair gorage
enter number of tants in huilrtinR in 15 ❑ Garage . 23 �•_j Hospital, institutional I
s Part la, 13) A _
6 ❑ Mor.nq (relocation) 16 ❑ Carport 24 F^� Office, bank, professional j
7 ❑ Foundation only 17❑ Other - Specily 2.5 I_� Public utility
26 FJ School, library, other educational I
B. OWNERSHIP 27 Stores, mercantile 1
I
f3>.� Private (individual, corporation, 28 ❑ Tanks, towers
nanp +- .S
rnfit Institution, etc.) �' 29 Other pec•ify(f
,„t►t41"LiA l I`
9 ❑ Public (Federal, State, or
local government) i C�Gt►7r7'tiC �i TLE Y -'�{'�
C. COST (Omit cents)
10. Cast of improvement„_,,,,,,,,,,,
yT '. ..j
To be installed but not included C Q �/S�' /Cl �� C” 'S�� Ui.✓
in the above cost O
a. Electrical.......................
� I� � S ��
co
r J Y" Yi++�t"�c ry'rr*s 1-k
b. Plumbing ....................... 0(/J� �� )
c.Heating, air conditioning••...... t 0 0 Ic
d. Other (elevator, etc.)............
11. TOTAL COST OF IMPROVEMENT �s73_6U400 `1 '--------
III. SELECTED CHARACTERISTICS OF BUILDING — For new buildings and additions, complete Parts E — L;
for wrecking, complete only Port J, for all others skip to /V.
E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL
30 Masonry (well bearing) 40 f_ Public or private company ^"- --
31 U Wood frame 41 j`} Private (septic tank, etc.) __.. .. .._..
32 Structural steel
33❑ Reinforced concrete H. TYPE OF WATER SUPPLY
34 �❑ Other . Specify 42 j Public or privets company �'^TM""�"* �*-+�.......,, _t
43 ❑ Private (well, cistern} K. NUMBER OF OFF-STREET i
PARKING SPACEST i
F. PRINCIPAL TYPE OF HEATING FUEL I, TYPE OF MECHANICAL 51, Enclosed ....................... I
35❑ Gas Will there be central air 52. Outdoors........................ } 1
36 Oil conditioning"
37 r ii Electricity 44 Yes L. RESIDENTIAL BUILDINGS ONLY
38 Cool 45 No
_ ❑ j
i
- 53. Number of bedrooms..............
L^�
39 Other _ Sprrr/y Will there be on elevators Full...,,,
54. Number of
46 F7 Yes 47 sel ki_
Name t' o;1kng address — Xurrrhrr, %rrrei, Ctrl, o7i4 Ce, e
� t,(r .Q-Yj .3),
,
L3uilder's
I L�crnsr No,
.actor
V .
Architect or
Engineer
I hereby certify that the proposed work is authorized by the owner of record and that 1 have been authorized by the owner t
make this oppiicotion as authorized agent and '*e agree to conform to all applicable lows of this jurisdiction.
Signo�re,p applica�n-t^� Address Application dote
C1 AO NOT WRITE BELOW THIS LINE 1
V. PLAN REVIEW RECORD — For office use
Pions Review Required Check
Plan Review Dote Plans BDate Pions By Notes
Fy
Started Approved
BUILDING Is
PLUMBING $
MECHANICAL $
ELECTRICAL $
OTHER '$
YI. ADDITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS
Permit or Approval Check ODate ned Number By Permit or Approval Check ObDol ed Number I
BOILER PLUMBING
CURB OR SIDEWALK CUT ROOFING y
ELEVATOR SEWER
ELECTRICAL SIGN OR BILLBOARD
FURNACE STREET GRADES
GRADING USE OF PUBLIC AREAS
OIL BURNER WRECKING
OTHER OTHER
V11. VALIDATION
Building FOR DEPARTMENT USE ONLY
Permit number
Building Use Group
Permit issued 19
Building ' Fire Grading
Permit Fee $ Live Loading
Occupancy Load
Certificote of Occupancy
Approved by:
Drain Tile $
Plan Review Fee $
TITLE
ISTRICT '
!SE
+
RONT YARD
.IDE YARD SIDE YARD
REAR YARD
NOTES w
SITE OR PLOT PLAN — For Applicant Use
+x „ t
Jy j 14 ,a ,
,
TrI
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7
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, L+ I , i,,i , +• {, I 11
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.t't II t �S'' 111: `+I� �r, j111{ i lllj;; tlt 11 li,ti !r f i �I,I t+i }Illi i' 1t1r'`'11t t11
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• '
! ' 0
^
Aftm
^ OoNot VVrite |nThese Spaces Application Number:
Reo'U. B]. Checked Filed Fee Pd. Rec'd. ZBA Map(s) Paroe|(n)
APPLICATION |SHEREBY ��ADETOTHE C|�YO- N[JRTHA��PT[)NZONING BOAR[}OFAPPEALS:
`
1. NanneOfApplicant Eu A. I c
Address 8 l l �
2. OvvnorofP t Richard l6 and
Address Main Street - Leeds, �u Helen N. zaoy
3. Applicant is: C�Ownor; "—Contract Purchaser; []Lessee; []Tenun\ |nPossession.
4. AP� ��tion isnnadefor:
2VAR|AN<�Efnornthe provisions ofSectiVn � page_________oftheZOningOrdinanuenfthe
��ityofNorthanlptOn. '
,
i
��SPE{�|ALPERK�{Tunder the provisions nfSeotiO pag the Zoning Ordinance
of the{�i\yof Northampton. |
��(]THER
s �s n9t substantially mor_e detrimental than the existing use
5. Lbub1 h' bT Or4ert ' Main Street - Leeds, MA
theid �zi ' being
situated on
on the Assessors' Maps,
O. Zone
l
' Description� of proposed work a./u/v' use; - construction
supp�ly establishment on a parcel that is currently being used for open stornge of raw
itiateri-als and construct7i-Cri—equipment. Tlic. new structure may also77'—used to store
construction equipment as wellas-c-onstruction supply equipment.
8. (a) Sketch plan attached; ��Yes []Mo
(b) Site plan: []Ath:heU 0JNot Required
g Currentthat
-`~^~ be ~^^"~~d ~ g. use ed by
rightnot
-equipmentbe more detrimental than existing use and, in fact, will be less detrimental since the
ding
to be ~~.~`^u^^^.. '` r=""^` was »^o"iuuuly granted. This is a request for o renewal of
10. Abu1\onS �8e instructions; liston reverse side cf form). with u larger building than pre-
viously approved, .
12. | hereby certify that information contained herein is true t[d my knowledge.
February 20^ 1987
Dx|e np|�cm�+'C 0,/nnatu'���/ `�~�
Address Sheet No. Parcel
Roman Catholic Bishop
1.— or Sprinfieid 217 Main St. Leeds IOB-91
St. Catherine's Church - Roman
2. - X.-ithlir Rj--Qhnp nf 15,pringfield 195 Main St. Leeds IOB-92
3. Massnchusoti-q El-ecLric Route 9- Haydenville Road 1OB-100
4. Helen A.---McCarthy 183-185 Main St. Leeds IOD-16
5. Clarence L. Chatfield Main St. Leeds 1OD-18
6.__ JamesP.- Doppman 167 Main Sr. Leeds 1OD-19
Scan R. Lococco
7. JosephS. Lococco 163 Main St. Leeds 1OD-20
8. City of Northampton City Hall Northampton 1OD-22
9, James & Kathleen Ellito 39 Florence St. Leeds IOD-23
10._ heirs of Nora Steidler 41 Florence St. Leeds 1OD-24
11. Russell J. Myette 182 Main St. Leeds 1OD-33
12.
f3.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
(Attach additional sheets, if neces^ary)
�-I-De.
J
ff
i
��r t
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DECISION OF
ZONING BOARD OF APPEALS
At a meeting held on May 6 , 1987, the Zoning Board of
Appeals, in a split decision, voted to deny the Finding
request of Eugene A. Macy, 158 North Maple Street, (Florence) ,
Northampton for the purpose of constructing a 60 x 60 '
building to be used in conjunction with the existing
contractor' s yard located on Main Street, Leeds, MA (more
particularly identified as Parcel 10D of Sheet 17 of the
i' Northampton Assessors ' Maes) . Present and voting were: Acting
Chairman Peter Laband, William Brandt and M. Sanford Weil, Jr.
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The findings were as follows :
S. Weil stated that he took a site view and spoke with
several neighbors. He found that as the site measures 2+
acres and the proposed building will be situated on the rear
of the lot directly facing a bridge, that the addition of a 60 i
x 60 ' ( 23 . 5 ' high) structure on the rear of the lot will not
affect the atmosphere of the village, of Leeds. He added that
the proposed "park" referred to at the public hearing is, in
fact,a narrow strip of land along the bank of the river away
from the bridge, which starts 1/4 block beyond this site. He
also suggested that as those in power chose to zone this
parcel SI , the applicant/owner is entitled to this use. He
found in favor of the finding:yxequest.
W. Brandt found that as the request represents a long-
term impact on the conditions of the neighborhood and town,
the construction of a 60 x 60 ' building would be substantially
more detrimental to this_ existing residential neighborhood
than the existing use.
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j; P. Laband found that as this neighborhood is in
�! transition and is in the process of being upgraded, and as
this single parcel zoned SI is in the middle of the
neighborhood, the expansion of this use with the accompanying
increase in noise, heavy truck traffic and activity would be
more detrimental to the neighborhood.
j It was moved, seconded and voted unanimously that a
Special Permit is not applicable in this situation and is ,
therefore , put aside,--following htyS lic ' tor' o inion.
See -minutes . ,,ems.-����e__
Peter Laband, Acting Chairman
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William Brandt
M. Sanfordleil, Jr.