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25-026 (8) City of Northampton co-4A o, 4 J `f'j° Massachusetts tea,?t'" 4,-- '.' j �� is k j IK. DEPARTMENT OF BUILDING INSPECTIONS 4 qr ' 212 Main Street • Municipal Building wy -`tip a,..�u✓ Northam ton, MA 01060 ss? "'�� May 26, 2022 Richard H. Watling 129 Riverbank Road Northampton, MA 01060 RE: ORDER TO REMOVE STRUCTURE 129 Riverbank Road Map 25, Lot 26 Dear Mr. Watling: This letter constitutes an Order to remove the garage structure partially constructed on the above- referenced property. The basis for this Order is as follows. In March 2019 you submitted a Zoning Permit Application to the Northampton Building Department to construct an addition to the single-family residence on your property. You were informed both by email and by the issuance of a Building Permit Checklist that you would need a special permit under section 350-9.3 of the Northampton Zoning Ordinance in order to construct the addition. Despite being informed of the zoning relief you would need to build the addition,you commenced construction without the benefit of a special permit or a building permit. On May 12, 2020,the Building Department posted your property with a Stop Work Order. In May 2020, you applied for both a building permit and a special permit. You requested several extensions of the hearing on the special permit. Meanwhile you continued your illegal construction. The Building Department issued two subsequent Stop Work Orders on August 10, 2020, and September 15, 2020. On both occasions, the Building Department issued Massachusetts Non- Criminal Building Code Violation Notice, Ticket Nos. B051-010501 and B051-010502, which imposed a fme of$100 for a first violation of the State Building Code and a fme of$500 for a second violation of the State Building Code,respectively. You neither appealed nor paid either Violation Notice. In the hearing before the ZBA on the special permit you represented to the Board that you had an agreement to purchase a strip of land from an abutting landowner. You filed an ANR plan with the Board showing the strip of land to be conveyed to you. On or about September 14, 2021, the ZBA issued a special permit finding allowing the proposed addition subject to the following condition: The applicant shall record the deed transfer as shown in the ANR within 45 days of this decision date. If the applicant fails to record the deed transfer within 45 days, this permit shall expire and be null and void. You failed to procure the adjoining land within 45 days, as required by the special permit, and you have not acquired the land to date. As such,the special permit has expired by its terms, and it is null and void. Based upon the foregoing, the garage structure was constructed in violation of both the State Building Code and the Northampton Zoning Ordinance. You are hereby ORDERED to remove the garage structure from the property at 129 Riverbank Road commencing no later than 48 hours from your receipt of this Order. You must continue such removal diligently and without interruption, and you must complete the removal within 30 days of this Order. Failure to abide by this Order will result in the filing of an enforcement action in Hampshire Superior Court without further notice seeking to enforce the payment of the fines assessed for violation of the State Building Code and for injunctive relief ordering the removal of the illegal structure. In addition, the city will seek reimbursement for the costs and fees, including attorneys' fees, incurred in enforcing the building and zoning codes. Very truly yours, P •nathan Flagg Building Commissioner Cc: Wayne Feiden, Director of Department of Planning and Sustainability Carolyn Misch,Assistant Director of Department of Planning and Sustainability Alan Seewald, City Solicitor