Tanner Letter 2011-05-13<fS-~~
NORTHAMPTONBacon \ 'YH§9!!
AMHERST
SPRINGFIELD
WESTFIELDMay 13,2011
VIA HAND DELIVERY
City of Northampton
Attn: Mr. Louis Hasbrouck, Building Commissioner
212 Main Street
Northampton, MA 01060
RE: Planning Board Decision Hearing No. PLN 2007-0062
Northampton Soccer Club, Inc.
Dear Commissioner Hasbrouck:
As you are aware I represent the Northampton Soccer Club, Inc. as it relates to
the soccer fields located at the "Oxbow" in Northampton, Massachusetts. On June 14,
2007 a Special Permit was issued pursuant to 350.10.1 of the Northampton Zoning
Ordinance ("Permit"). This permit allows for the use of certain soccer fields at the
"Oxbow" subject to limitations and conditions enumerated in the Permit. According to its
terms, the Permit was set to expire on June 30, 2010.
The Permit Extension Act was created by Section 173 of Chapter 240 of the Acts
of 2010 by the Massachusetts General Court (Exhibit "An). The Permit Extension Act
automatically extends for two years beyond the otherwise applicable expiration date any
permit or approval that was in effect or existence during the qualifying period beginning
on August 15, 2008 and extending through August 15, 2010 (Exhibit liN).
Here, the permit was scheduled to expire on June 30, 2010, and as such was
lawfully in existence between August 15, 2008 and August 15, 2010.
Under the Permit Extension Act the permit is automatically extended until June
30, 2012, and therefore, no additional Planning Board action is necessary.
Thank you for your attention to this matter.
Very truly yours, r-
ark A. Tanner, Esq.
MATlrfc
Enclosure
Mark A. Tanner, Esq.
mtanner@baconwiIson.com
Bacon Wilson, P.C, \ Morse &Sacks 31 Trumbull Road Tel 413,584.1287
Attorneys at Law Northampton, MA 01060 Fax 413.584.0453
EXHIBIT "A"
~ .,.
SECTION 173. Notwithstanding any general or special law to the contrary, certain
regulatory approvals are hereby extended as provided in this section.
(a) For purposes of this section, the following words shall, unless the context clearly
requires otherwise, have the following meanings:
Approval except as otherwise provided in sUbsection (b), any permit, certificate, order,
excluding enforcement orders, license, certification, determination, exemption, variance,
waiver, building permit, or other approval or determination of rights from any municipal,
regional or state governmental entity, including any agency, department, commission, or
other instrumentality of the municipal, regional or state governmental entity, concerning
the use or development of real property, including certificates, licenses, certi'fications,
determinations, exemptions, variances, waivers, building permits, or other approvals or
determination of rights issued or made under chapter 21, chapter 21A excepting section
16, chapter 210, sections 61 to 62H, inclusive, of chapter 30, chapters 30A, 40, 40A to
40C, inclusive, 40R, 41, 430, section 21 of chapter 81, chapter 91, chapter 131, chapter
131A, chapter 143, sections 4 and 5 of chapter 249, or chapter 258, of the General Laws
or chapter 665 of the acts of 1956, or any local by-law or ordinance.
Development, division of a parcel of land into 2 or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlargement of a building
or other structure or facility, or any grading, soil removal or relocation, excavation or
landfill or any use or change in the use of any building or other structure or land or
extension of the use of land.
Tolling period, the period beginning August 15, 2008, and continuing through August 15,
2010.
(b) (1) Notwithstanding any general or special law to the contrary, an approval in effect
or existence during the tolling period shall be extended for a period of 2 years, in
addition to the lawful term of the approval.
(2) Nothing in this section shall be deemed to extend or purport to extend:
(i) a permit or approval issued by the government of the United States or an
agency or instrumentality of the government of the United States or to a permit or
approval, of which the duration of effect or the date or terms of its expiration are
specified or determined by or under law or regulation of the federal government
or any of its agencies or instrumentalities;
(ii) a comprehensive permit issued by a board of appeals under sections 20 to
23, inclusive, of chapter 408 of the General Laws; or;
(iii) a permit, license, privilege or approval issued by the division of fisheries and
wildlife under chapter 131 for hunting, fishing or aquaculture.
(3) Nothing in this section shall affect the ability of a municipal, regional or state
governmental entity, including an agency. department, commission or other
instrumentality of a municipal, regional or state governmental entity to revoke or modify a
specific permit or approval or extension of a specific permit or approval under this
section, when that specific permit or approval or the law or regulation under which the
permit or approval was issued contains language authorizing the modification or
revocation of the permit or approval.
(4) In the event that an approval tolled under this section is based upon the connection
to a sanitary sewer system, the approval's extension shall be contingent upon the
availability of sufficient capacity, on the part of the treatment facility, to accommodate the
development whose approval has been extended. If sufficient capacity is not available,
those permit holders whose approvals have been extended shall have priority with
regard to the further allocation of gallonage over those approval holders who have not
received approval of a hookup prior to the effective date of this section. Priority regarding
the distribution of further gallonage to a permit holder who has received the extension of
an approval under this section shall be allocated in order of the granting of the original
approval of the connection.
(5) In the case when an owner or petitioner sells or otherwise transfers a property or
project, in order for an approval to receive an extension, all commitments made by the
original owner or petitioner under the terms of the permit must be upheld by the new
owner or petitioner. If the new owner or petitioner does not meet or abide by those
commitments then the approval shall not be extended under this section.
(6) Nothing in this section shall be construed or implemented in such a way as to modify
a requirement of law that is necessary to retain federal delegation to, or assumption by,
the commonwealth of the authority to implement a federal law or program.