Watling Letter to ZBA 2022-10-21 Continuation Request1
GML GREEN MILES LIPTON, LLP ATTORNEYS AT LAW
JOHN J. GREEN, JR.
77 PLEASANT STREET HARRY L. MILES
P.O. BOX 210 ROGER P. LIPTON
NORTHAMPTON, MA 01061-0210 JOHN M. MCLAUGHLIN*
PHONE (413) 586-8218 *ALSO ADMITTED IN CONNECTICUT
FAX (413) 584-6278 MICHAEL PILL
(Main Office) BRAD A. SHIMEL
SUSAN L. MILES
WESTFIELD OFFICE: DAVID C. KUZMESKI, OF COUNSEL
48 EAST SILVER STREET, SUITE 5 RAYMOND W. ZENKERT, JR., OF COUNSEL***
WESTFIELD, MA 01085 *** ALSO ADMITTED IN OHIO & MICHIGAN
PHONE (413) 642-8367 BRIAN L. BLACKBURN (Dec.)
FAX (413) 579-5357
www.greenmiles.com
October 21, 2022
Northampton Zoning Board of Appeals
210 Main Street, Rm 11
City Hall
Northampton, MA 01060
RE: Matter: Appeal of decision by the Building Commissioner regarding structure at 129
Riverbank Rd, Northampton, Map ID-25-26.
Scheduled hearing: Thursday, August 25, 2022, at 5:30 PM.
Second Request for Continuance of Scheduled Hearing Date and Written Waiver of Rights
As you may recall, I represent Richard Watling ("client") who owns and resides at 129
Riverbank Road. On June 24, 2022, pursuant to M.G.L.A. 40A §§ 8 and 15, I filed an appeal of the
Northampton Building Commissioner's order of May 26, 2022, mandating the removal of the partially
constructed garage structure located at the rear of my client's property located at 129 Riverbank Road.
The hearing on this appeal is currently scheduled for October 27, 2022, at 5:30 PM. For the reasons set
forth herein, I am requesting that the substantive hearing on this matter be postponed for an additional
30 days.
If the Board grants a continuation of the substantive hearing my client will waive his rights
pursuant to two separate provisions of M.G.L.A. 40A § 15. Specifically:
1. The third paragraph of M.G.L.A. 40A § 15 provides, in part, "The board of appeals shall hold
a hearing on any appeal, application or petition within sixty-five days from the receipt of
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notice by the board of such appeal, application or petition." If a continuation is granted, my
client waives any claim that the substantive hearing should happen within 65 days of the
notice of the appeal.
2. The fourth paragraph of M.G.L.A. 40A § 15 provides, in part, "The decision of the board
shall be made within one hundred days after the date of the filing of an appeal, application or
petition, except in regard to special permits, as provided for in section nine." If a continuation
is granted my client stipulates that any time granted for the continuance, hopefully 30 days,
will be excluded from any calculation with reference to the timeliness of the decision
pursuant to this provision.
As you may recall, Mr. John Nicolaou, the new owner of 117 Riverbank Road, agreed in
principle to sell my client the property depicted on the ANR plan which was approved in August of 2021
and which was incorporated into the special permit of September 2021. The agreed-upon price for the
conveyance is $75,000.
Unfortunately, we have yet to execute a purchase and sale for my client’s acquisition of the
property. My office has submitted a purchase and sale to Attorney Sean Sullivan, but there is a delay
that is beyond the control of my client. Mr. Nicolaou’s property at 117 Riverbank Road is encumbered
by a mortgage to Movement Mortgage LLC (“Movement”). Attorney Sullivan wants to know how much
Movement will demand from Mr. Nicolaou for a partial release of the mortgage before Mr. Nicolaou
executes the purchase and sale.
This issue of the payoff amount for the partial release of mortgage has been with the
underwriting people for Movement for some time but they have yet to decide on a number. This is not a
standard mortgage release, and it is apparently taking time for the Movement underwriters to come up
with a number of the payoff that they believe will still protect the bank’s interest with reference to the