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23D-137 3 ANNINO, DRAPER& MOORE, P.C. ATTORNEYS AND COUNSELLORS AT LAW L 102 ELM STREET,SUITE 4 . IN STREET • SUITE 2504 WESTFIELD,MA 01085 CALVIN W.ANNINO,JR. Mi T OFFICE BOX 15428 TELEPHONE(413)562-9829 MARK E.DRAPER ( �P; �.; ,; ,� SSACHUSETTS 01115-5428 LOUIS S.MO• �C 16 ARMORY STREET '� TEIrEP (4 2 00•TELECOPIER(413)732-3339 NORTHAMPTON,MA 01060 t TELEPHONE(413)587-0730 0 f/w ��� - Epp s �poPi° g 1 f' coo HsKnot u 01ON.0 010� J 'i,3ld41 Nd July 23, 2004 VIA FACSIMILE TRANSMISSION AND FIRST CLASS MAIL Mr. Anthony Patillo Building Commissioner City of Northampton 212 Main Street Northampton, MA 01060 Re: 80 Hinckley Street, Northampton Assessors' Map 23D, Lot 137 Dear Mr. Patillo: I previously contacted you in March 2002 regarding an accessory structure being constructed on property located at 80 Hinckley Street in Northampton(the "Premises"). The purpose of this letter is to request that the City perform an inspection at the Premises to ascertain whether the Premises is in violation of the Northampton Zoning Ordinance and applicable building and electrical codes. Your office has advised us that a building permit to construct a"storage shed"on the Premises was issued in August of 2001. Your office advised us earlier this week that it was never notified of the completion of the structure, and therefore no inspection was ever done, and no certificate of use and occupancy was ever issued. I understand that the structure has been in use since at least the fall of 2003, power equipment is regularly used inside the structure and there are lights on inside the building. It is clear that the building is in use, and apparently without any Certificate of Use and Occupancy issued by the Building Commissioner. Furthermore, if the structure is being used for a home occupation, that use requires obtaining a Special Permit from the Zoning Board of Appeals. Finally, it appears the"storage shed"has electrical service. It appears that the electrical service has not been inspected and approved as in compliance with the City's electrical code. Please contact Ms. Tracie Kester of my office or me to discuss this letter if you have any questions, or to provide us with information once your inspection is complete. t Mr. Anthony Patillo July 23, 2004 Page 2 Thank you for your assistance in this matter. Ve ly yo rs, ouis S. Moore LSM/tmk cc: Clients Ms. Carolyn Misch Z3b- 137 o45�PT t oy •�AlV ., 1• Tit 1 of Norfl a npton iZ =*_; ' `` u „. �.1) -- l►..��1 18558[h1SSititSS '� _yr�y� DEPARTMENT OF BUILDING INSPECTIONS , -- INSPECTOR 212 Main Street I Municipal Building '` -o,,y Northampton,MA 01060 um 5 July 23, 2004 Mr. Louis Moore 135 Maplewood Terrace Map 23d-1ot162 Re; 80 Hinckley Street Dear Mr. Moore, I received your fax dated July 23, 2004 concerning the structure at 80 Hinckley Street. A person did contact this office asking information about the structure at 80 Hinckley Street and requested a complaint form,which was faxed to her. I spoke with the owner of the structure as well as had a inspector go to property to assess the alleged violations you expressed in your letter. I specifically asked owner if their was electric service that was bought to structure under construction,his reply was no that he has run extension cords out to structure to run power tools and lights when he is working on building. Owner is retired and works on project as he feels up to it The inspector who went to site this afternoon , also stated that there was no power bought to building. The building is not in violation of zoning nor building nor electrical codes , it is a structure under construction, and as a building under construction , specifically a building being used for storage, a certificate of inspection would not be issued until the applicant calls for a final inspection. I hope this clarifies the matter for you. The structure is for storage not for sleeping ,MGL 780CMR 110.14 states only application shall be deemed abandoned if work has not begun within six months of issuance, in this case work was started within six time period. The permit is valid. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: C. Misch, R. Blanchard JUL.23'2004 10:23 413 732 3339 ANNINO DRAPER & MOORE, P.C. #5623 P.002/003 • ANNINO, DRAPER&MOORE, RC. c�r,7 t' ATTORNEYS AND COUNSELLORS AT LAW Z3 A - 102 ELM STREET.SUITE 4 MO MAIN STREET • BUWTE 2504 WESTFIELD.MA 01055 CALVIN W.ANNINO,IR. POST rtPF10E BOX 15424 TELEPHONE 4413r 562-0829 MARK N. DRAPER SPRINOPIELA,M.ASSACHHTJSITTS 01.115-S42R LOIJIs S. MOORE 16 ARMORY STREET NORTHA.MPTON.MA 01060 TELEPHONE(41.3)732-6400•TELECOP1ER(413)732J339 TELEPHONE(a.13)547-07a0 RECE11 July 23, 2004 VIA F ACSIMI,LE TRANSMISSION AND FIRST CLASS MAIL J U L 2 3 2004 Mr. Anthony Patillo DEPT OF BUILDING INSPECTIONS Building Commissioner NORTRAMPTON,MA 01060 City of Northampton 212 Main Street Northampton, MA 01060 Re: 80 Hinckley Street, Northampton Assessors' Map 23D, Lot 137 Dear Mr. Patillo: I previously contacted you in.March 2002 regarding an accessory structure being constructed on property located at 80 Hinckley Street in Northampton.(the"Premises"). The purpose of this letter is to request that the City perform an inspection,at the Premises to ascertain whether the Premises is in violation of the Northampton Zoning Ordinance and applicable building and electrical codes. Your office has advised us that a building permit to construct a"storage shed"on.the Premises was issued in August of 2001. Your office advised us earlier this week that i.t was never notified of the completion of the structure, end therefore no inspection was ever done, and no certificate of use and occupancy was ever issued. I understand that the structure has been in use since at least the fall of 2003,power equipment is regularly used inside the structure and there are lights on inside the building. I1 is clear that the building is in use, and apparently without any Certificate of Use and Occupancy issued by the Building Commissioner. Furthermore, if the structure is being used for a home occupation,that use requires obtaining a Special Permit from the Zoning Board of Appeals. Finally, it appears the"storage shed"has electrical service. it appears that the electrical service has not been inspected and approved as in compliance with the City's electrical code. Please contact Ms. Tracie Kester of my office or me to discuss this letter if you have any questions,or to provide us with information once your inspection is complete. JUL.13'Z004 10:Z4 413 13Z 3339 ANNINO DRAPER & MOORE, P.G. ##W13 P.003/003 • a• 4 Mr. Anthony Patillo July 23, 2004 Pie 2 Thank you for your assistance in this matter. Ve ruly yoi rs. Ii . a ----- . ..ouis S. Moore LSM/Imk cc: Clients Ms. Carolyn Misch JUL.23'2004 10:23 413 732 3339 ANNINO DRAPER & MOORE, P.G. #5623 P.001/003 . r ♦ ANNINO, DRAPER & MOORE, P.C. ATTORNEYS AND COUNSELORS AT LAW 1500 MAIN STREET, SUITE 2504 POST OFFICE BOX 15428 SPRINGFIELD, MASSACHUSETTS 01 1 15.542E TELEPHONE: (413)732,6400 TELECO PIER: (413)732.3339 DATE: July 23, 2004 TO: Mr. Anthony Petillo, Building Commissioner FROM: Louis S. Moore, Esquire FACSIMILE NUMBER: 413-587-1272 NUMBER OF PAGES (INCLUDING COVER SHEET): IF YOU DO NOT RECEIVE ALL PAGES OF THIS TRANSMISSION, PLEASE CALL TRACIE AT(413) 732-6400. 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