17C-146 (2) The Stipulation of Agreement and Conditional Settlement requires an open
space restriction "Easterly of the parking lot" and the shed is located
easterly of the lot within the area to be preserved as open space. The
location of the shed in this area is a blatant violation of this condition.
Counsel for the bank has informed me recently that the deed restriction
will be executed shortly.
In sum, I submit that 1 ) the erection of the shed is not permissible
on this non-conforming lot, 2) that even if it were permissible, it would
require afinding under the conditions of approval fr)r the hank-`s parking
lot project and the court-approved settlement agreement which
incorporates those conditions and 3) that, if granted, such a finding could
not allow the shed in its current location as this would violate both the
conditions imposed by the ZRA in its approval of the parking lot and the
abovementioned court-approved settlement to which the City of
Northampton is a party.
I urge you to read the decisions of the Planning Rc)ard and ZRA and
the Stipulation of Agreement and Conditional Settlement. Thank you For
your attention to this matter.
Sincerely
RS, I understand that von have informed Mary Kasper that the bank's
placement of shrubs/screening is appropriate. A review of the site plan
approved by the Planning Roard and incorporated into the settlement
agreement indicates otherwise. The bank is required to plant suitable Ir
shrubbery in the locations indicated on the site plan.
cc Sanford Kaye
cc Thomas Groboski Esq.
cc Mark NeJame, Chair, Northampton Zoning Roani(if lknnea- ls
cc Chair, Planning Board
/7C -
Christopher S. Morris
Attorney at Low
28 Village Hill Road U ,
DEC 1
A U
Williom- sbura Massachusetts 01096
teler)hone-I413) 268-9003 v em4l.-c
Anthony Patillo
Building Commissioner
Municipal Offices
212 Main St.
Northampton, MA 01060
December 9, 1999
Dear Mr. Patillo,
I represent Sanford Kaye, as I have throughout the process of his
appeal of the ZBA's original issuance of a finding for Florence Savings
Bank's Keyes Street parking lot project.
I under-stand that the bank has erected a small stied on the property
beyond the northeast corner of the parking lot. However, the construction
of a shed on this non-conforming property is not proper. I am unaware of
any authority in Northampton's Zoning Ordinance Section 9 or in the
enabling statute MGIc. 40A section 6 which would permit a new structure
on a nonconforming lot with insufficient frontage. The fact that the shed is
allowed by right is irrelevant.
Even if the City had the authority to permit the erection of this
structure, it cannot do so without the issuance of a finding. One of the
conditions imposed by the ZBA with its finding filed December 26,
on(I 1995 is
that "I" use dw_ property is other than that approved by the Zoning
Board ol'Appeals (a parking lot and open arealplay rround), then the
applicant w1*1111 be required 'L(--) 111C 101 another Finding-, from the Board of
Appeal[s]". The shed was not included on the site plan, is not to be used as
a parking 'lot or an open area/playground and therefore, requires a finding.
This condition was also included in the the Stipulation of Agreement and
Conditional Settlement in Kaye v. Northampton ZBA et ,mil (Superior Court
C.A.96010) which. provides that 'All other conditions and restrictions in the
present Site Plan Special Permit and Zoning Board Decision shall remain...".
My client particularly objects to the shed's location, namely right
next to his yard and within the area which was to be left as open space.
4
December 9, 1999
Florence Savings Bank
c/o Thomas M. Growhoski,Esq.
60 State Street
Northampton, MA 01060
Florence Savings Bank
85 Main Street
Florence, MA 01062
Subject: Failure to comply with Site Plan Special Permit issued for sixty space parking lot
at 25 Keyes Street
Dear Sirs:
A complaint was made to our office that you have failed to comply with Site Plan Special
Permit that was issued to you by the Northampton Planning Board i:or the construction of
a sixty space parking lot.
I made a site visit on December 9, 1999 and found that the following items were not in
compliance:
a. Gate at entrance of lot that is to be locked every evening after last employee
has left, has not been installed.
b. Planting schedule and layout of plantings not in compliance to plan as drawn
by Almer Huntley, final revision dated September 22, 1998.
c. The"Caution Bike path" sign under stop sign indicating that the bike path
crosses Keyes Street to the South has not been installed.
The items listed above must be corrected, please contact this office with timetable as to
when work will be completed by.
Sincerely,
Anthony Patillo
Building Commissioner
City of Northampton
CC: Northampton Planning Board
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