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18D-053 (37) i,P rE JEKANOWSKI & O'NEIL ►' MAY 3 1996 ATTORNEYS AT LAW TELEPHONE LEONARD C.JEKANOWSKI MILLBANK PLACE - - 419-580-5900 WILLIAM J.O'NEIL _ TELEFAX 351 PLEASANT STREET 412-586-0631 NORTHAMPTON,MA 01060-3900 May 31, 1996 Office of the Building Commissioner Municipal Building Northampton, MA (by hand delivery) Re: Your File No. 960651 River Run Real Estate Management Office 80 Damon Road Hampshire Property Management Group (HPMG) Gentlemen: I am writing on behalf of HPMG relative to the above. Initially, I want to apologize sincerely for our delay in this matter. That has not occurred because of HPMG. Rather, my office and my schedule have been uniquely hectic this spring, and we have been pretty much in a mode of tending to emergencies until the anticipated summer slow-down and simply had not gotten back to this matter. Clearly no disrespect of the municipal process or of its officials was in any way intended. I have now, however, begun in earnest the process of researching and preparing this matter as thoroughly as possible. As a result I would respectfully request your office ' s response and advice as to the following. Your office ' s position has been that we need a finding under § 9 . 3 (relative to pre-existing non-conformity) . I note, however, three matters. (1) Assuming non-conformity, I am advised and believe (based on information from persons with both personal and other knowledge of the building, including personal knowledge and experience pre-dating the 1986 conversion of the complex into condominiums) that for a 1 purposes of the Zoning Ordinance the activities and use of the premises have been the same for all practical and applicable purposes since the construction of the complex and of the subject building about twenty-five years ago. (2) The activities and use of the subject premises would seem to be accessory and thus permissible under Section 5. 3 . Office of the Building Commissioner May 31, 1996 Page two (3) The property is in a GI zone. That zone allows as of right (1) "miscellaneous . . business offices and services including, but not limited to . . . real estate" and more generally (2) "business service . . . establishments" (Table of Use Regulations - Retail Service Commercial, 12 and 14) . The use then seems permissible as of right and not non- conforming. In the event that you may concur with any one or more of the above, it would seem that a board process and hearing can be avoided. But, given the timing of things to date, and while it may be that your office will need time to process the above, I shall prepare and file with the ZBA very early next week (no later than Tuesday) unless I hear from you to the effect that I should defer that. As always, thank you for your courtesies, cooperation and assistance. And again my sincere apologies. Respectful y submitted, William J. Neil WJO: ehw