23A-079 (20) LEWIS A. WHITNEY, JR.
ATTORNEY-AT-LAW
ONE CAMPUS LANE
EASTHAMPTON. MASSACHUSETTS 01027
TELEPHONE 413 527-3930
May 12, 1977
Cecil Clark, Building Inspector
City of Northampton
City Hall
Northampton, Mass. 01060
Dear Mr. Clark:
We represent Mr. and Mrs. Ewin Brady, owners of property at 12 Wilder
Place in Florence, City of Northampton, which is an Urban Residential District
as shown on the Zoning Map for the City of Northampton. The Brady property
abuts property owned by Dr. George Falk at 41 Main Street, Florence, City of
Northampton, which property is in a General Business District as shown on the
Zoning Map for the City of Northampton. The dividing line for the two above
mentioned Zoning Districts is the same as the boundary line between the prop-
erty owned by the Bradys and Mr. Falk.
It is my understanding that a building permit was issued to Mr. Falk on
or about September 1, 1976 allowing him to construct a building on the above
mentioned property. It is my opinion that said permit was issued in violation
of the Zoning Ordinance for the City of Northampton for two reasons: First,
the building permit did not require the appropriate dimensional and density
requirements as outlined in the Zoning Ordinance; and, Second, the permit did
not require Mr. Falk to conform with Section 6.5 of the Zoning Ordinance which
requires a thirty foot buffer zone between the above mentioned parcels of
property.
It is my further opinion that it is your duty to revoke the building permit
which was issued to Mr. Falk because of the violations of the Ordinance as out-
lined above. If you fail to revoke such permit, Mr. and Mrs. Brady have
instructed me to bring legal action to compel you to properly administer your
duties as outlined in the said Ordinance. If I do not hear from you within
the next few weeks as to your proposed action in this regard, I will have no
choice but to bring such an action.
I trust that you will give this matter your prompt and serious consideration
and attention.
Very truly yours
ours
c9toffe-a
Janet M. Sheppard
JMS:h
cc: Mayor David Cramer, City Hall, Northampton, Mass.
Mr. and Mrs. Erwin Brady, 12 Wilder Place, Florence, Mass.
Apr 10 W.11.1141-"41
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