25-026 (15) City of Northampton
A
0.S5MPT
Q, ,f� oM Sti' .r' ��C
./-. - Massachusetts A4..
...— '%
�' st
r
4; ! $ *1 ,, DEPARTMENT OF BUILDING INSPECTIONS ? „x
212 Main Street • Municipal Building vA
Northampton, MA 01060 'rsYyr ‘1
May 26,2022 4 O R DS R -To E Rc v.F
Richard H. Watling
129 Riverbank Road Z sC ) J\ib V cDA a!/
Northampton, MA 01060 i' /
gr ; £.
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 construct- on the above-
referenced property. The basis for this Order is as follows.
In March 2019 you submitted a Zoning Permit Applica ••n to the North• -•pton Building
Department to construct an addition to the single-f. ' y residence on •ur property. You were
informed both by email and by the issuance of a B ' ding Permit Ch,cklist that you would need
a special permit under section 350-9.3 of the No 41 ampton Zonin: I rdinance in order to
construct the addition.
Despite being informed of the zo • g lief ou would need • build the addition,you
commenced construction withou n. it of a special p= it or a building permit. On May
12,2020,the Building Deparl:nn p
ost.i your property ith a Stop Work Order. In May 2020,
you applied for both a buil rmit . •d a special pe •t. You requested several extensions of
the hearing on the special ?net. Me •while you con, sued your illegal construction. The
Building Department iss o su• equent Stop W•rk Orders on August 10, 2020, and
September 15, 2020. o occ•.ions, the Build' g Department issued Massachusetts Non-
Criminal Building ode iolatio Notice,Ticket, os. B051-010501 and B051-010502,which
imposed a fine g$ or a firviolation of th, State Building Code and a fine of$500 for a
second vio tion oe State : ilding Code,r-.pectively. You neither appealed nor paid either
Violatio gtxce.,
e ' g before the Z':A on the speci,1 permit you represented to the Board that you had an
agreemen purchase a s a 'p of land •o , an abutting landowner. You filed an ANR plan with
e Board showing the s► 'p of land t• b. conveyed to you. On or about September 14, 2021, the
Z ' sued a special p, it finding .1 •wing 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,
i�• .4,1*
e 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