1. Maria Tymoczko
_______________________________________________________________________________
28 Pomeroy Terrace
Northampton, MA 01060
413-586-3908
tymoczko@complit.umass.edu
October 12, 2010
Mr. David Bloomberg, Chair
Zoning Board
City of Northampton
Northampton, MA 01060
Dear Mr. Bloomberg:
The Three-County Fair Association will be coming before the Zoning Board at your next meeting to ask
for approval to remove old horse barns and to build three new horse barns. In addition they are asking
permission to construct three horse rings, amounting to almost 200,000 square feet.
I am writing to you because I am a major immediate abuttor to the Fair Grounds, sharing an 800-foot
boundary with them. I am unable to be present at the meeting on October 14 because I will be out of town
on a trip planned many months earlier.
In view of the fact that the 50-plus acres of the Fair Grounds are on the Connecticut flood plain, the key
to a successful redevelopment of the Fair Grounds for the entire community of Northampton is a win-win
plan for disposal of its storm water in the redeveloped site. Thus far they have not achieved such a plan.
The current proposal is to dispose of all their storm water by dumping it onto the northeast corner of my
property; this intent is obscured by language describing the release of their storm water from the southeast
of their main property into a “swale” implied to be on public property. This “swale” is in fact non-
existent: the water released in their plan would sheet onto the lowest land south of the Fair Grounds
property which is in fact on my land and the lands of other property owners. Their current plan would
increase the total volume of water running onto my land and also the duration of the flow; both would
damage the agricultural value of the land and impede my full enjoyment of my property. It is my
understanding that both are prohibited under various legal doctrines including but not limited to private
nuisance and trespass water law.
Although I am an abutter to the subject property and therefore a “party in interest” under the state zoning
act, I did not receive any mailed notice of your hearing on the pending proposal. I just learned about it. I
received an email notice about a hearing of the matter at the Planning Board on Friday, October 8, 2010,
just prior to the three day Columbus Day holiday weekend, and I only found out last evening that the
Zoning Board is also considering these plans on October 14. As a result, I have not had adequate time to
study the application papers and consult appropriate experts far enough in advance to allow for adequate
preparation for the hearing. I contacted an attorney only today. While the attorney may be able to attend
the hearing, he will not have time to review all of the application papers and make an adequate
presentation on my behalf.
My attorney (Michael Pill, of Green, Miles, Lipton & Fitz-Gibbon, LLP, here in Northampton) did ask if
the applicant claims its proposal is part of a nonconforming use. He advised me by phone that if the
applicant claims its proposal is allowed by right, subject only to site plan review, the applicant cannot

2. raze existing buildings to the ground, construct entirely new buildings, and call such activities part of a
nonconforming use subject only to site plan review. This project appears to require a special permit and
perhaps a variance as well.
Accordingly I am asking the Zoning Board to refuse approval of the new horse barns and the horse rings.
The new horse barns have been the subject of extensive public hearings with the Conservation
Commission; neighbors downstream of the Fair Grounds have been assured that they will not change
current storm water disposal, assertions that the Zoning Board should verify. The horse rings have thus
far not been presented to abuttors or to the neighborhood in any public meetings. Neighbors have had
little advanced notice of your meeting. Despite the fact that I am an abuttor, I received no notice of the
Zoning Board hearing concerning this plan. The impact of the horse rings on storm water run-off has not
been discussed or explained in a public forum to date nor has the neighborhood had an opportunity to
address the issues.
It may be true that the Zoning Board and Planning Board can rule on a project before it is approved by the
Conservation Commission. It should be noted however, that the Conservation Commission has in fact
ruled on this project. When they approved the new horse barns, one of the explicit conditions of their
approval was that no further construction of any kind could proceed until there was an adequate plan for
disposing of the storm water from the redeveloped Fair Grounds. This clause should apply to the horse
rings.
It seems to me that asking the Zoning Board to approve the rings may be an attempt either to circumvent
the Conservation Commission ruling or to triangulate the approval process for redevelopment.
I request that the Zoning Board continue the hearing on this matter for one month until there has been
adequate public notice to all the neighborhood. I and other neighbors must have appropriate time to
consult with the Department of Public Works, the Developers, and the Fair Association, as well as our
own experts. This request should be granted as a matter of due process and fundamental fairness.
Thank you for your consideration. I am sorry not to be able to attend your meeting Thursday evening so
as to present in person this petition and request for a hearing continuance.
Sincerely yours,
Maria Tymoczko
28 Pomeroy Terrace
Northampton, MA 01060
cc: Michael Pill, Esq.