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GREEN, MILES, LIPTON & FITZ-GIBBON, LLP

ATTORNEYS AT LAW

77 PLEASANT STREETPOST OFFICE BOX 210

NORTHAMPTON, MASSACHUSETTS 01061-0210

(413) 586-8218FAX (413) 584-6278

JOHN J. GREEN, JR. SUSAN L. MILES

HARRY L. MILES JOANNE KUZMESKI-JACKSONROGER P. LIPTON (GEOFFREY B. WHITE-RETIRED)

JOHN H. FITZ-GIBBON (BRIAN L. BLACKBURN-1951-2007)JOHN M. MCLAUGHLIN*MICHAEL PILL

*ADMITTED ALSO IN CT

November 19, 2010 VIA hand delivery on 11/19/2010

Louis Hasbrouck, Building Commissioner

Puchalski Municipal Building, 212 Main StreetNorthampton, MA 01060

RE: Zoning enforcement request under G.L. c. 40A, 7, asking you not to issue anybuilding permit for demolition or construction on the Three County Fairgroundspursuant to Zoning Board of Appeals Commercial Finding decision, Hearing No ZBA-2011-0007, filed with the Northampotn City Clerk on November 10, 2010

Dear Mr. Hasbrouck:

I represent Maria Tymoczko of 28 Pomeroy Terrace in Northampton. This zoning

enforcement request under G.L. c. 40A, 7 is written on her behalf.

I hereby request that you deny any application for a building permit for demolition orconstruction on the Three County Fairgrounds pursuant to Zoning Board of AppealsCommercial Finding decision, Hearing No ZBA-2011-0007, dated November 10, 2010.

While a Commercial Finding has been issued for that project (copy enclosed), an appeal ofthat finding has been filed today with the land court in Boston, and a copy of a notice ofappeal has been delivered to the city clerk.

Section 350-9.2.C of the Northampton Zoning Ordinance states that Applications for

findings, as allowed in this chapter, shall follow the same procedural requirements as specialpermit applications; however, a finding shall be granted upon the vote of a simple majority ofthe Zoning Board of Appeals. [Underlining added.]

Section 350-4.11 of the Northampton Zoning Ordinance states as follows (underlining added)concerning special permits that are appealed to court:

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A. No variance or special permit, or any extension, modification or renewalthereof, shall take effect until a copy of the decision bearing the certification ofthe City Clerk that 20 days have elapsed after the decision has been filed in theoffice of the City Clerk and no appeal has been filed or that if such appeal hasbeen filed, that it has been dismissed or denied, is recorded in the Hampshire

County Registry of Deeds.

B. No work, including excavating or earth removal and on-site grading, withregard to a specific project for which a special permit or variance has beenapplied for, may be undertaken until said special permit or variance has beengranted and all applicable appeal periods have expired.

Because Section 350-9.2C provides that special permit applications are governed by thesame procedures as applications for a finding, the above quoted provisions of Section 350-4.11 apply to the attached Commercial Finding as well as to special permits.

If some provision of the Northampton Zoning Ordinance authorizes you to issue a buildingpermit pursuant to a Commercial Finding while that finding is under appeal to the Land Court,please cite that provision in your response to this zoning enforcement request.

Please respond in writing to this zoning enforcement request within fourteen (14) days,pursuant to G.L. c. 40A, 7, paragraph 1, which states as follows:

The inspector of buildings, building commissioner or local inspector, or if thereare none, in a town, the board of selectmen, or person or board designated bylocal ordinance or by-law, shall be charged with the enforcement of the zoningordinance or by-law and shall withhold a permit for the construction, alteration ormoving of any building or structure if the building or structure as constructed,altered or moved would be in violation of any zoning ordinance or by-law; and nopermit or license shall be granted for a new use of a building, structure or landwhich use would be in violation of any zoning ordinance or by-law. If the officer orboard charged with enforcement of zoning ordinances or by-laws is requested inwriting to enforce such ordinances or by-laws against any person allegedly inviolation of the same and such officer or board declines to act, he shall notify, inwriting, the party requesting such enforcement of any action or refusal to act, andthe reasons therefor, within fourteen days of receipt of such request.

Please let me know right away if you have questions or need any additional information inorder to respond to this zoning enforcement request in accordance with law.

Very truly yours,

Michael Pill

Enclosure

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Copies with enclosure (via first class mail):

Client

Elaine Reall, Northampton City Solicitor

Edward Etheredge, Counsel for Three County Fairgrounds RedevelopmentCorporation and Hampshire, Franklin & Hampden Agricultural Society

MP/csh/L1.976.Tymoczko

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