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
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