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2 Burts Pit 2019-11-20City of Northampton Massachusetts DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street ● Municipal Building Northampton, MA 01060 Libby Woodfin 2 Burts Pit Rd Northampton, MA 01060 November 20, 2019 Detached Accessory Structure 38A-004 Ms. Woodfin I’ve researched the history of the accessory building project at 2 Burts Pit Road. A building permit was issued in August 2017 for a “shed”, further described as a “studio”. That permit was amended in November 2017. An electrical permit was issued in October 2017 and a plumbing permit was issued in November 2017. The electrical and plumbing permits were both closed in November 2017. The building permit was closed at the request of the contractor in September 2018. The underground plumbing and the electrical conduit were inspected before those permits were closed. The building framing was inspected when the contractor closed the building permit. Since 2018, there hasn’t been an approved building or electrical permit in place. A new plumbing permit was issued in October 2019 but should not have been approved because there wasn’t a building permit in place. If the building permit had stayed open, work could proceed. When the permit was closed, all subsequent work required a new permit. Approval of any building permit application is based on the building code and zoning ordinances in effect at the time of application. This is not an unusual situation. Building permits are regularly withdrawn or expire. If the project continues under another permit, it is always reviewed under current regulations. The building code hasn’t changed since the permit was withdrawn. The zoning change is relevant because it happened after the original building permit was closed and before you submitted the new application. One thing to note; the change in zoning was not a change in policy; the language change was meant to clarify, not revise, the restrictions on use of accessory buildings. The zoning ordinance has always made a distinction between principle and accessory structures. I’ve attached a copy of relevant zoning from before and after the change in February 2019. Zoning makes a clear distinction between principal and accessory uses. In residential use, the house (dwelling) is the principal use and the principal structure. A studio, workshop, office, garage or storage shed is an accessory use and an accessory structure. Using the bathroom in the shed as a second bathroom for your house is extending the principal use to the accessory structure. You cannot install bathing facilities in the shed, any more than you could put a bathroom addition on your house if the addition violated zoning regulations. I’ve based my decision on a number of factors, but primarily on zoning section 350-5.3: 350-5.3 Accessory uses. Any use which is accessory to a principal use allowed by right shall be allowed only in connection with such allowed principal use. Any use which is accessory to a principal use allowed by special permit, and which is not specifically included in the original special permit, shall be allowed only after issuance of a new special permit. Cessation of a principal use shall require cessation of any accessory use which is not otherwise allowed as a principal use. The Building Commissioner shall be responsible for determining what uses are principal and what uses are accessory….. You have the right to appeal this decision in accordance with Massachusetts General Law, Chapter 40A, sections 8 and 15. Application is done online: http://www.northamptonma.gov/938/Permits-Codes You should contact the Office of Planning and Sustainability for more information about the appeal procedure. I have attached sections of the relevant ordinances and statutes. Feel free to call if you have any questions. Our telephone number is 587-1240 and our office hours are Monday through Friday, 8:30 am to 4:30 pm, excepting that we close at 12:00 noon on Wednesdays. Thank you for your cooperation in this matter. Respectfully, Louis Hasbrouck Building Commissioner City of Northampton (413)587-1240lhasbrouck@northamptonma.gov Massachusetts Residential Building Code section R105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing prior to the permit expiration date and justifiable cause demonstrated. Northampton Zoning Chapter 350, 2016 BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot on which it is located. BUILDING, ACCESSORY: A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building. USE, PRINCIPAL: The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied or maintained under this chapter. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this chapter shall be considered an accessory use. USE, ACCESSORY: A use which is customarily incidental and subordinate to the principal use of a structure or lot, or a use which is not the principal use, but which is located on the same lot as the principal structure, provided that said accessory use is permitted in that district under this chapter. Accessory uses shall be interpreted as not exceeding 40% of the area of the total use of the structure and/or lot on which is located. STRUCTURE, ACCESSORY: Any structure which is incidental and subordinate to the principal structure, but which is located on the same lot as the principal structure. Accessory structures shall not exceed 40% of the gross floor area of the principal structure(s) and shall not contain sleeping or kitchen facilities 350-5.3. Accessory uses. Any use which is accessory to a principal use allowed by right shall be allowed only in connection with such allowed principal use. Any use which is accessory to a principal use allowed by special permit, and which is not specifically included in the original special permit, shall be allowed only after issuance of a new special permit. Cessation of a principal use shall require cessation of any accessory use which is not otherwise allowed as a principal use. The Building Commissioner shall be responsible for determining what uses are principal and what uses are accessory….. Northampton Zoning Chapter 350, 2019 BUILDING, PRINCIPAL A building in which is conducted the principal use of the lot on which it is located. BUILDING, ACCESSORY A detached building, the use of which is customarily incidental and subordinate to that of the principal building, and which is located on the same lot as that occupied by the principal building USE, PRINCIPAL The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied or maintained under this chapter. Any other use within the main structure or the use of any other structure or land on the same lot and incidental or supplementary to the principal use and permitted under this chapter shall be considered an accessory use USE, ACCESSORY A use which is customarily incidental and subordinate to the principal use of a structure or lot, or a use which is not the principal use, but which is located on the same lot as the principal structure, provided that said accessory use is permitted in that district under this chapter. Accessory uses shall be interpreted as not exceeding 40% of the area of the total use of the structure and/or lot on which is located STRUCTURE, ACCESSORY Any structure which is incidental and subordinate to the principal structure, but which is located on the same lot as the principal structure. Accessory structures shall not exceed 40% of the gross floor area of the principal structure(s) and shall not contain bathing, sleeping or kitchen facilities § 350-5.3 Accessory uses. Any use which is accessory to a principal use allowed by right shall be allowed only in connection with such allowed principal use. Any use which is accessory to a principal use allowed by special permit, and which is not specifically included in the original special permit, shall be allowed only after issuance of a new special permit. Cessation of a principal use shall require cessation of any accessory use which is not otherwise allowed as a principal use. The Building Commissioner shall be responsible for determining what uses are principal and what uses are accessory….. 11/15/2019 General Law - Part I, Title VII, Chapter 40A, Section 8 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section8 1/1 Part I ADMINISTRATION OF THE GOVERNMENT Title VII CITIES, TOWNS AND DISTRICTS Chapter 40A ZONING Section 8 APPEALS TO PERMIT GRANTING AUTHORITY Section 8. An appeal to the permit granting authority as the zoning ordinance or by-law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter, by the regional planning agency in whose area the city or town is situated, or by any person including an officer or board of the city or town, or of an abutting city or town aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of any provision of this chapter or any ordinance or by-law adopted thereunder. 11/15/2019 General Law - Part I, Title VII, Chapter 40A, Section 15 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section15 1/3 Part I ADMINISTRATION OF THE GOVERNMENT Title VII CITIES, TOWNS AND DISTRICTS Chapter 40A ZONING Section 15 APPEALS TO PERMIT GRANTING AUTHORITY; NOTICE; TIME; BOARDS OF APPEAL HEARINGS; PROCEDURE Section 15. Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof, with the city or town clerk, and a copy of said notice, including the date and time of filing certified by the town clerk, shall be filed forthwith by the petitioner with the officer or board whose order or decision is being appealed, and to the permit granting authority, specifying in the notice grounds for such appeal. Such officer or board shall forthwith transmit to the board of appeals or zoning administrator all documents and papers constituting the record of the case in which the appeal is taken. Any appeal to a board of appeals from the order or decision of a zoning administrator, if any, appointed in accordance with section thirteen shall be taken within thirty days of the date of such order or decision or within thirty days from the date on which the appeal, application or petition in question shall have been deemed denied in accordance with said section thirteen, as the case may be, by having the petitioner file a notice of appeal, specifying the grounds thereof with the city or town clerk and a copy of said notice including the date and time of filing certified by the city or town clerk shall be filed forthwith in the office of the zoning administrator and in the case of an appeal under section eight with the officer whose decision was the subject of the initial appeal to said zoning administrator. The zoning administrator shall forthwith transmit to the board of appeals all documents and papers constituting the record of the case in which the appeal is taken. An application for a special permit or petition for variance over which the board of appeals or the zoning administrator as the case may be, exercise original jurisdiction shall be filed by the petitioner with the city or town clerk, and a 11/15/2019 General Law - Part I, Title VII, Chapter 40A, Section 15 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section15 2/3 copy of said appeal, application or petition, including the date and time of filing, certified by the city or town clerk, shall be transmitted forthwith by the petitioner to the board of appeals or to said zoning administrator. Meetings of the board shall be held at the call of the chairman or when called in such other manner as the board shall determine in its rules. The board of appeals shall hold a hearing on any appeal, application or petition within sixty-five days from the receipt of notice by the board of such appeal, application or petition. The board shall cause notice of such hearing to be published and sent to parties in interest as provided in section eleven. The chairman, or in his absence the acting chairman, may administer oaths, summon witnesses, and call for the production of papers. The concurring vote of all members of the board of appeals consisting of three members, and a concurring vote of four members of a board consisting of five members, shall be necessary to reverse any order or decision of any administrative official under this chapter or to effect any variance in the application of any ordinance or by-law. All hearings of the board of appeals shall be open to the public. The decision of the board shall be made within one hundred days after the date of the filing of an appeal, application or petition, except in regard to special permits, as provided for in section nine. The required time limits for a public hearing and said action, may be extended by written agreement between the applicant and the board of appeals. A copy of such agreement shall be filed in the office of the city or town clerk. Failure by the board to act within said one hundred days or extended time, if applicable, shall be deemed to be the grant of the appeal, application or petition. The petitioner who seeks such approval by reason of the failure of the board to act within the time prescribed shall notify the city or town clerk, in writing, within fourteen days from the expiration of said one hundred days or extended time, if applicable, of such approval and that notice has been sent by the petitioner to parties in interest. The petitioner shall send such notice to parties in interest, by mail and each notice shall specify that appeals, if any, shall be made pursuant to section seventeen and shall be filed within twenty days after the date the city or town clerk received such written notice from the petitioner that the board failed to act within the time prescribed. After the expiration of twenty days without notice of appeal pursuant to section seventeen, or, if appeal has been taken, after receipt of certified records of the court in which such appeal is adjudicated, indicating that such approval has become final, the city or town clerk shall issue a certificate stating the date of approval, the fact that the board failed to take final action and that the approval resulting from such failure has become final, and such certificate shall be forwarded to the petitioner. The board shall cause to be made a detailed record of its proceedings, indicating the vote of 11/15/2019 General Law - Part I, Title VII, Chapter 40A, Section 15 https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section15 3/3 each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within fourteen days in the office of the city or town clerk and shall be a public record, and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in section eleven, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant to section seventeen and shall be filed within twenty days after the date of filing of such notice in the office of the city or town clerk.