atty mclaughlin email 2023-07-257/26/23, 11:13 AM City of Northampton Mail - Checking in if you are ready for the 8/24 ZBA hearing for 129 Riverbank Rd.
https://mail.google.com/mail/u/0/?ik=46b15cdcbd&view=pt&search=all&permmsgid=msg-f:1772415573751256669&dsqt=1&simpl=msg-f:1772415573…1/3
Nathan Chung <nchung@northamptonma.gov>
Checking in if you are ready for the 8/24 ZBA hearing for 129 Riverbank Rd.
John Mclaughlin <jmclaughlin@greenmiles.com>Tue, Jul 25, 2023 at 1:46 PM
To: Nathan Chung <nchung@northamptonma.gov>
Cc: Heather Williams <hwilliams@greenmiles.com>, ROGER LIPTON <rliptonesq@comcast.net>
Nathan, Thank you for talking to me yesterday. This message is in follow-up to our
discussion. It makes sense for me to put something in writing because this matter is a little bit
complicated.
The good news is that my client's next-door neighbor has finally heard from his bank. We
will be able to get a partial release of the mortgage on the next-door neighbor’s property such
that the neighbor can then sell my client the land which was the subject of the special permit
in 2021 and which we received an ANR certification. A copy of the plan is attached. The plan
envisions that my client purchase approximately 1568 ft.² of land from his neighbor.
I have included my law partner Attorney Lipton on this message as he is working with
attorney Sullivan with reference to the land conveyance. Is my understanding that my partner
and attorney Sullivan have worked out all the terms of the purchase and sale agreement and
that it will be executed before the end of this month of July.
Once I have a purchase and sale agreement I intend to draft and file an application for a
special permit pursuant to zoning ordinance 99.3 (a)(10),which will essentially seek to have
the special permit from 2021 granted again (I intend to use the same plan). Technically it will
be an application for the special permit but it is, in essence, an application for an amendment
to the 2021 permit a copy of which is attached. The relief and will be seeking this year will l
be extremely similar to the relief granted 2021 only we will have a purchase and sale
agreement and we should have already started conservation commission proceedings.
My client has also already retained Mr. Ward Smith, who is a well-respected wetlands expert
that I have worked with in the past. Once there is a purchase and sale Ward will move
forward with obtaining relief from the conservation commission with reference to the same
construction project which is the subject of the teardown order and which will be the subject
of my application for special permit. The same land my client is purchasing from the
7/26/23, 11:13 AM City of Northampton Mail - Checking in if you are ready for the 8/24 ZBA hearing for 129 Riverbank Rd.
https://mail.google.com/mail/u/0/?ik=46b15cdcbd&view=pt&search=all&permmsgid=msg-f:1772415573751256669&dsqt=1&simpl=msg-f:1772415573…2/3
neighbor will be utilized for both zoning relief being sought from the board and the relief
being sought from the conservation commission.
In my application for the special permit I will request that the ZBA grant the permit as in
2021 EXCEPT that I will request that the applicant be given time to make the purchase.
Please understand the purchase of the land is dependent upon getting the ZBA relief and the
conservation commission relief. I would request that the ZBA special permit state that my
client will purchase the land in question within 45 days of receiving the conservation
commission relief. Once we have received the conservation commission approval, free and
clear of appeal, we will purchase the land and should then be in compliance with the
presumed terms of the new 2023 special permit.
If I proceed in this manner then there really should be no need for the ZBA hearing on the
teardown order on August 24. I request that the proceedings pertaining to the teardown order
be postponed generally, and not to a date certain. If the ZBA grants the relief I propose
above, and Mr. Smith obtains the relief requested from the conservation commission then the
teardown order will be moot (please remember that without admission of liability my client
has already paid the fines). We will gladly provide any waivers required to keep the teardown
order alive but in abeyance for now. Remember, as I have said in prior filings the court would
never allow for teardown order to go forward if there is a chance of receiving zoning relief.
Now, with the purchase and sale agreement there is clearly a chance of obtaining the relief
required to avoid tearing down the new building.
Please feel free to give me a call about this matter. It is fairly complicated but this time I
believe we are on track to get this property in line with zoning and conservation restrictions.
Also, please understand this endeavor has cost my client a fortune. He is paying $75,000 for
1500 square-foot piece of unimproved land.
From: Nathan Chung <nchung@northamptonma.gov>
Sent: Monday, July 24, 2023 11:06 AM
To: John Mclaughlin <jmclaughlin@greenmiles.com>
Subject: Checking in if you are ready for the 8/24 ZBA hearing for 129 Riverbank Rd.
Dear Attorney John M. McLaughlin,
This is Nathan Chung from the Northampton Office of Planning and Sustainability. I support Carolyn Misch, my director. I
am checking in about the ZBA hearing for Richard Watling at 129 Riverbank Rd (Map ID 25-26) that has been continued
to 8/24/2023. Since it has been a while since the previous hearing, we are planning to publish a new newspaper ad and
postcards if you are ready for the hearing. Would you let me know by the morning of 8/7 whether you are prepared
for the hearing? Thank you very much.
7/26/23, 11:13 AM City of Northampton Mail - Checking in if you are ready for the 8/24 ZBA hearing for 129 Riverbank Rd.
https://mail.google.com/mail/u/0/?ik=46b15cdcbd&view=pt&search=all&permmsgid=msg-f:1772415573751256669&dsqt=1&simpl=msg-f:1772415573…3/3
Nathan Chung, Land Use Planner
Office of Planning & Sustainability for the City of Northampton, MA
nchung@northamptonma.gov; (413) 587-1262
2 attachments
Randys 6 10 21 ANR plan signed 8 13 21.pdf
510K
2021-09-13 ZBA Decision 129 Riverbank.pdf
685K