NOI signatures and cover letter.pdf GML GREEN MILES LIPTON, LLP ATTORNEYS AT LAW
77 PLEASANT STREET P.O. BOX 210 JOHN J. GREEN, JR. NORTHAMPTON, MA 01061-0210 HARRY L. MILES PHONE (413) 586-8218 ROGER P. LIPTON FAX (413) 584-6278 JOHN M. MCLAUGHLIN* (Main Office) MICHAEL PILL SUSAN L. MILES WESTFIELD OFFICE: RAYMOND W. ZENKERT, JR., OF COUNSEL** 48 EAST SILVER STREET, SUITE 5 DAVID C. KUZMESKI (Dec.)
WESTFIELD, MA 01085 BRIAN L. BLACKBURN (Dec.) PHONE (413) 642-8367 *ALSO ADMITTED IN CONNECTICUT FAX (413) 579-5357 ** ALSO ADMITTED IN OHIO & MICHIGAN www.greenmiles.com January 11, 2024 Northampton Conservation Commission Planning & Sustainability City Hall 210 Main Street, Room 11
Northampton, MA 01060
RE: Notice of Intent, 129 Riverbank Road Dear Commission Members:
I am Attorney John McLaughlin, legal counsel for Richard Watling. Mr. Watling owns the real
property currently designated as 129 Riverbank Road. Mr. Watling also has entered into a purchase
and sale agreement (which has been extended and is current) to purchase an approximately 1,500
square foot parcel of land directly adjacent to his property, which is currently part of the real property
designated as 117 Riverbank Road, land which is currently owned by Mr. Watling's next-door
neighbor, Mr. John Nicolaou.
The land which is being purchased by Mr. Watling is designated as Parcel A or (“129A”) on
the Plan created by Randy Izer and which was filed with the subject Notice of Intent. Portions of this
property will be utilized to effectuate the plan set forth in the subject Notice of Intent. Mr. Ward
Smith, S.P.W.S. is the expert who has been hired by Mr. Watling to file and prosecute the Notice of
Intent; Mr. Smith will deal with all of the substantive issues with reference to the Notice of Intent.
Attached is the Notice of Intent with a signature page which now has the signature of Mr. Nicolaou’s
Attorney, Sean Sullivan, which evidences the fact that my client’s next door neighbor is in full
agreement with this Notice of Intent.
2
In regard to Parcel A or (“129A”) Mr. Watling is a “contract purchaser.” He intends to
purchase the property if the Commission grants an Order of Notice that will allow him to move
forward with the project which is the subject of the Notice of Intent. The Order of Notice will be
contingent upon the Applicant, Mr. Watling, purchasing the property. If, for whatever reason, Mr.
Whitling does not purchase the property, the Order of Notice will not be effectuated and have no effect
on the land of Mr. Nicolaou. That being said, If the Commission grants such an Order of Conditions
Mr. Watling fully intends to purchase the property.
Mr. Watling had constructed a garage addition onto his existing home located on 1/29
Riverbank Road. City officials contended that the construction was not done with the proper
permitting. Mr. Watling then applied for and received a Special Permit from the Northampton Zoning
Board of Appeals granting him zoning relief with reference to garage addition onto his existing home.
A condition of this special permit was that Mr. Watling was required to purchase Parcel A or (“129A”)
from his next-door neighbor, a purchase which will cost my client $75,000. An Approval Not
Required (“ANR”) plan joining Parcel A or (“129A”) with the existing 129 Riverbank Road property
has already been endorsed by the Planning Board and recorded on the land records.
As referenced above, Mr. Watling intends to make that purchase of Parcel A or (“129A”) and
he intends to use a portion of that land to effectuate the plan referenced in the Notice of Intent. This
hopefully explains how we are before this Commission today requesting an Order of Conditions that
pertains to property which is still his next-door neighbor’s property.
This has been a long and difficult situation for my client. I believe Mr. Smith has set forth an
excellent Notice of Intent which should bring my client into compliance with the pertinent statutes and
regulations. I request that you grant an Order of Conditions that will allow my client to move forward
and finally bring this matter to an end. With the Order of Conditions and with the Special Permit
I Messa*hus*tt* *epmr*memt mf ffinqf{r*nnte$1t6$ Frmtmmtf;*m
r Burseu of R*scuree Fr*tection - Wetland*
: 1:l{F& Form 3 * rue}tls* &$ lnt*r"rl
Ma*sachusefis Wetlands Pr*tection &ct M.S.t. r. 131 , $4ff
See electrr:nic $ignature on tile, Ward $mith' P.W.ti
5. Slgnature of Represeirtaiiv* (i{arry)
{*" $ignatures and $ubrnittal ft*quBrernevlts
t h*reby c*rtify under th* P*nfflti{t$ *f F*rjury th{lt the ioregning Noti*e of lntsfit mnd acnnmBarrying
plant, d**uments, *nd supporting data are true anel compielalo the bo*t nf my kn*wlae'lge" I und*rstand
that the *orrs*rv*tisn con.rinissio; wiil pl**c naiificettion it thic Notiee in a local n8!?sp6p*r et the
exp€fi$s ftf the a$lpliceni in accar**n*s with th* woil*ncjs regulations, 310 ttutft 1O'*S{$Xai'
I furth*r certify und*r penalties af p*rjury that all abutters wer* n*ti{ied of thi* applic*tinn, pursuant ta
tfre requiiements of h,i.g.i. *, 131, g +u. Notlce must be nreele try ***ificate af Mailin* or in '*rritlng by
hanci deliv*ry *r **rti{ied rnail {r*turn rsoeipt reque*led} t* all ahutlers within 1S0 f€et nf the pr*perty line
John M lvlclaughlin, Esq. ;j tu, Richard Watlrng
Sean $ullivan, Esq. 2' nate
for John Nicolaou
Pnvidsd bY Maotl)fiP:
tr,lassnbf File Numher
Oocument Tr*nsactlon Nuil'fei- -
Nonh*mpton
Cityltcwn
4. Date
6. Date
i l"r
l ttl .'i t/{ !t{ ,iWt .^t ^ r
t( rr lty
For Conservatic* Commisslon:
Two copies ot ttre compieie* f ioti*s nf lntent (Form 3), inciuding supporting plan* and dactrments'
two cop;e* nf the NOI w*irarO Fee Transmitial FQrm, and the cityltown {ee payment, to the
Cons*wation Commis*ion by eeftified mail or hand deiivery'
For MaseSEF:
One iopy of the completed Notice of lntsnt (Form 3), including $Upportin$ plans and.ducurnente' one
*opy ot'*re NOI Weflbnd Fse Tranamittal Form, and a crrpy af the state iee payment 1o th*
HrfJ**nfp Rogional Offire {s*e lnstructions) by certified mail or hand delivery'
Other:
lf ii e appticsnt has ch*cked the "yes" box in any part of $ection C, ltem 3, abcve, refer to that
eeetion and the lnetructions far additional submitlal rsqiliremont$'
?he original and copies must be sent simultaneously, Failure by the applicant to send copies in a
timety franner may result in dismissal of the Notioe of lntent'
t '.li*rx(lrrs'crf oax,#i ,''t N'
,X.o,n ahfulr,,
3. Slgnatrrre ot Prcfieny Owner (if Cif{erent'}
wpa{orrnS.doe' rev. S11 &/2l}20
Pai;e 0 of I