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2 Burts Pit shedLibby 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 Building permits are regularly withdrawn or expire.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 The building code hasn’t changed since the permit was withdrawn.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) 587-1240 lhasbrouck@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…..