23A-079 (7) 4
�.". October 12, 1979
Rogers, Alden & Pacella, P.A.
Attorneys at Law
73 State Street
Springfield, Mass. fl1103
Attention: Joseph A. Pacella
Dear Attorney Pacella:
In reference to your letter of October 2, 1979 concerning 41 Main
Street, Florence, Mass. ; please be advised of the following:
The questions you raise have been versed by many attorneys, and I
have various legal .opinions. I believe your investigator made
copies of this file.
It is the opinion of this office that all permits were in proper
order, and that the use of this building was legal. I enclose a
copy of a. letter from Attorney St. James collaborating this.
If I may be of further assistance, please feel free to call this
office.
Very truly yours,
Cecil I. Clark
BUILDING INSPECTOR
CIC/lp
enc.
•
•
ROGERS, ALDEN& PACELLA, P.A.
Attorneys at Law
Arthur M. Rogers 73 State Street
Doris F. Alden Springfield, Massachusetts 01103
Joseph A. Pacella (413) 781-2470
David H. Rome October 2, 1979
Mr. Cecil Clark, Building Inspector
Building Department, City py.„(aei,- //
1I
Northampton, Massachusetts 01060
Re: 41 Main Street, Florence, Mass.
Dear Mr. Clark:
This office has been retained to represent Mr. and Mrs . Erwin
L. Brady of 12 Wilder Place, Florence, Massachusetts, with
regards to the aforementioned building which abutts their
property.
On behalf of my clients I hereby demand that you serve a no-
tice of Violation and Order under section 10. 7 of the Zoning
Ordinance on Dr. George Faulk, the owner of the subject prop-
erty, ordering his discontinuance and abatement of the below
listed violations as they pertain to his property, to wit:
a. ) The property is currently being used unlawfully
due to the fact that no Certificate of Occupancy or
notification of completion of the subject premises
is on record with your department as required under
section 10. 4 of the Zoning Ordinance.
b. ) The property does not conform with section 8 . 1
of the Zoning Ordinance regarding parking spaces, in
that it is sorely deficient in spaces based on the
actual gross floor space of the building.
c. ) The property was constructed in violation of
the building permit issued as it regards the size
which is listed on the permit as 65 ' -8" x 40 ' -0" ,
but is actually substantially longer then listed on
the permit.
d. ) The property does not, nor never did contain a
completed "residence" as defined by the Zoning Or-
dinance, thereby rendering the property in violation
of the mixed residential business use as defined by
the ordinance.
•
•
Mr. Cecil Clark -2- October 2, 1979
This entire matter concerning this property has caused my
clients a great deal of inconvenience, aggravation, inter-
ruption of their privacy, and has caused their property to
substantially devaluate, all in contravention to the very
premises upon which zoning ordinances are drafted and en-
forced.
Please be advised that unless your office pursues a course
of action in conformity with the law, we stand ready to take
whatever legal action is necessary, against the owner, your-
self as building inspector, and the City of Northampton in
order to abate this problem.
Yours very truly,
61-a--
J A. Pacella
JAP/mec
certified mail #189967
return receipt requested
cc : Mr. and Mrs. Erwin L. Brady
L
crli aeiG.N9 i0 XI
Am 4fl1ROMMIS
. .
.. . .
...
1 ) E EDUE , '
OCT ._ 41979
J
DEFT.OF BUILDING INSPECTIONS
NORTHAMPTON, MA.01060
ROGERS, ALDEN, & PACELLA, P.A.
j_ Q;�
c,. A ,.
Attorneys at Law `� t" , ;r�
(.'•
OLIV
73 State Street 0'' W ''
, je'''' 1/
Springfield, Massachusetts 01103 � ''
Cecil I . Clark
Building Inspector
212 Main Street
Northampton, Massachusetts 01060
.....----...s ._
iiiv ,A. 3litin-:,,.:1 •-'13'.': .-- '.;'' ,difF• EA L b/ \
•- '• 4- :6-=P -v•-v
: -i t•- -- • I 6, trA
1 A•..,•,...,... ,..,„il A,,.!.i , y-2 , t,., -c;
'.71 M tit-..•,,..,:k,- 14 V%4''..;40 \- t-1 d
gig yc.1;;,.....;:;:., • • ,