31B-070 File # MP- 2012 -0004
APPLICANT /CONTACT PERSON ETHEREDGE & STEUER, P.C.
ADDRESS/PHONE 64 GOTHIC ST (413) 584 -1600 ()
PROPERTY LOCATION 56 SUMMER ST
MAP 31B PARCEL 070 001 ZONE URC(100)
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid
Building Permit Filled out
Fee Paid
Tvpeof Construction: ZPA
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/ Statement or License
3 sets of Plans / Plot Plan
THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON
INFORMATION PRESTNTED:
Approved VAdditional permits required (see below)
PLANNING BOARD PERMIT REQUIRED UNDER : § t ; P�� C �(M wN�w
/ A v6ttl+�l NCB)
Intermediate Project : Site Plan AND /OR t/ Special Permit with Site Plan
Major Project: Site Plan AND /OR Special Permit with Site Plan
ZONING BOARD PERMIT REQUIRED UNDER: §
Finding Special Permit Variance*
Received & Recorded at Registry of Deeds Proof Enclosed
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission Permit from CB Architecture Committee
Permit from Elm Street Commission Permit DPW Storm Water Management
7 IS ll
Signature of Buildin'j Official Date
Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health, Conservation Commission, Department
of public works and other applicable permit granting authorities.
* Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of
Planning & Development for more information.
Etheredge & Steuer, P.c.
ATTORNEYS AT LAW
64 GOTHIC STREET
NORTHAMPTON, MASSACHUSETTS 01060
EDWARD D. ETHEREDGE (413) 584 -1600 FAX (413) 585 -8406
SHELLEY STEUER'' ed a noholaw, com
ss a noholaw, com
WHEATLY R. GULMI- LANDY wheatlyanoholaw.com
'Also Admitted in New York
Alan Admitted in California
RE
IE_D
July 7, 2011 JU - 7 2011
[., DW INSPECTIONS
�.lppTHAMPTON MA010fi0
Louis Hasbrouck, Building Commissioner
City of Northampton
212 Main Street
Northampton, MA 01060
Re: Easthampton Savings Bank
56 Summer Street
Dear Louis:
I enclose:
1. Zoning Permit Application;
2. Check in the amount of $15.00.
For the reasons set forth in the Narrative attached to the Zoning Permit
Application, I believe this property requires a Special Permit for dimensional averaging
under Chapter 350, Section 3.5. If you have any questions, please give me a call.
Very truly yours,
Woes -
Edward D. Etheredge
EDE/kap
Encs.
cc: Carolyn Misch, Sr. Planner
Dennis Kahelalis, Easthampton Savings
Amanda Zedonis, Esq.
File No. OP ' / 4)
ZONING R. IVII 'APPLICATIOr
PE
Please type or print all information and return th' It '
Inspector's Office with the $15 filing fee (check or m e e the
City of Northampton
JUL - 72011
1. Name of Applicant: Easthampto
F B I ONS
Address: 36 Main Street, Easthampton, MA 01027 Telep oneTr1
2. Owner of Property: Easthampton Savings Bank
Address: 36 Main Street, Easthampton, MA 01027 Telephone: 413- 527 -4111
3. Status of Applicant: Owner X Contract Purchaser Lessee Other (explain)
4. Job Location: 56 Summer Street, Northampton MA 01060
Parcel' Id: Zoning Map# Parcel# District(s):
In Elm Street District in Central Business District
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/ Property: single family residence
6. Description of Proposed Use /Work /Project /Occupation: (Use additional sheets if necessary):
See attached Narrative
7. Attached Plans: Sketch Plan Site Plan x Engineered /Surveyed Plans
8. Has a Special Permit /Variance /Finding ever been issued for /on the site?
NO x DON'T KNOW YES IF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO DON'T KNOW YES
IF YES: enter Book Page and /or Document #
9. Does the site contain a brook, body of water or wetlands? NO x DON'T KNOW YES
IF YES, has a permit been or need to be obtained from the Conservation Commission?
Needs to be obtained Obtained , date issued:
(Form Continues On Other Side)
W:\ Documents\ FORMS\ original \Building- lnspector\Zoning- Permit - Application- passive.doc 8/4/2004
10. Do any signs exist on the property? YES NO x
IF YES, describe size, type and location:
Are there any proposed changes to or additions of signs intended for the property? YES NO
IF YES, describe size, type and location:
11. Will the construction activity disturb (clearing, grading, excavation, or filling) over 1 acre or is it part of a common
plan of development that will disturb over 1 acre? YES NO x n o change
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This column reserved
for use by the Building
Department
EXISTING PROPOSED REQUIRED BY
ZONIN
Lot Size 7,656 7 , 65 6
Frontage
71.28 71.28
Setbacks Front 201 201
Side L :16' R:29' L: 16' R:29' L: R:
Rear 56' 56'
Building Height
26' 26'
Building Square Footage
1920 1920
% Open Space: (lot area
minus building Et paved 76% 76%
parking
# of Parking Spaces
2 2
# of Loading Docks
N/A N/A
r N/A N/A
me Et location)
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: Applicant's Signature
Dennis Kahelalis, duly authorized
NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission,
Historic and Architectural Boards, Department of Public Works and other applicable permit granting
authorities.
W:Oocuments\FORMS \original\ Building- Inspector\Zoning- Permit- Application- passive.doc 8/4/2004
NARRATIVE
56 Summer Street
OWNER: Easthampton Savings Bank
Foreclosure Deed: Book 10465 Page 277
Formerly: Kelly J. Grimaldi
The former owner of 56 Summer Street applied for a building permit for the
property at 56 Summer Street on January 16, 2008. She submitted with her application a
plan prepared by Huntley Associates P.C. The Plan shows 56 Summer Street having
77.57 feet of frontage, but contains a surveyor's note indicating that the survey was done
without the benefit of a title report. The Assessor's Map shows 56 Summer Street with
75 feet of frontage, the minimum requirement for a building lot in the zoning district.
An examination of the deed and title would have disclosed the following property
description:
"A certain tract or parcel of land, which buildings thereon,
situate on the Southerly side of Summer Street, in Northampton,
County of Hampshire, Massachusetts, and bounded Northerly
sixty -five (65) feet by said Summer Street, Easterly one hundred
eight (108) feet by land now or formerly of Frank W. Carey;
Southerly sixty -five (65) feet by land now or formerly of
B.C. Blodget; Westerly one hundred eight (108) feet by land
now or formerly of Louise Pelissier and partly by a private way
laid between the granted premises and land now or formerly of
Norman S. Cornwall."
See deed dated January 8, 2008 to Kelly J. Grimaldi and recorded in Book 9366 Page
162.
The frontage on Summer Street is recited in the deed as "Sixty -five (65) feet by
said Summer Street ", and the property is bounded on the west "by land now or formerly
of Louise Pelissier and partly by a private way..." M.G.L. c.183 §58, commonly referred
to as the "derelict fee statute" provides that land bounded by highways, private ways,
streams, walls or railways, are the owners of the fee interest in the land to the center line
of the bordering way, stream, railway or other bordering monument. Rowley v.
Massachusetts Electric Company 448 Mass. 798, 805 (2003). (I note parenthetically that
Rowley was the Williamsburg bike path case that decided that the neighbors with deeds
abutting the former railway owned to the center line of the railway property).
In accord with M.G.L. c.183 §58, the property at 56 Summer Street owns the fee
interest to the center line of the private way, i.e. one -half of the 12.57 foot wide private
way. The frontage on Summer Street for the property at 56 Summer Street is therefore
seventy one and twenty eight hundredths (71.28) feet.
If the 56 Summer Street was bounded by an easement, and not bounded by a
private way, the property would be the full 77.57 feet of frontage. An easement, like a
private way overlaps the underlying fee interest; but does not create a linear monument
and the fee interest is undivided. Because the deed describes the property as bounded by
private way the property at 56 Summer Street has 71.28 feet of frontage and does not
meet the requirements of section 6.2 of the Northampton Zoning Ordinance requiring 75
feet of frontage. The property meets all of the other set back, height and dimensional
requirements of the Zoning Ordinance.
The property is eligible for a Special Permit under Section 6.5 of the Zoning
Ordinance "Dimensional Averaging" as shown on the attached Table because the 71.28
feet of frontage is "at least as stringent as the median of that dimension for all lots where
any portion of those lots is within three hundred feet of the subject parcel and within the
same zoning district." All of the parcels are within the URC zoning district.
Bk: 10465 Pg: 277
Bk: 10465Pg: 277 Page: 1 of 4
Reoordsd: 02/03/2011 10:17 AM
MASSACHUSETTS EXCISE TAX FORECLOSURE DEED
Hampshire DIstrlot ROD #13 001
Date: 02/03/2011 10:17 AM
otr1# 02638215328 Doo# 00002493 AFFECTED PREMISES:
Fee: $1,084.40 Cone: $240,000.00 56 Summer Street
Northampton, Massachusetts
EASTHAMPTON SAVINGS BANK, of Easthampton, Massachusetts, the present holder of a
mortgage from KELLY J. GRIMALDI to EASTHAMPTON SAVINGS BANK dated May 13, 2008 and
recorded in the Hampshire County Registry of Deed in Book 9482, Page 240, by the power conferred by
said mortgage and every other power,
Pursuant to a public auction held on January 14, 2011, at such time and place, by the Auctioneer on behalf
of the Seller as foreclosing Mortgagee, in exercise of the Power of Sale contained in a Mortgage and Note
For consideration paid of Two Hundred Forty Thousand Dollars ($240,000.00)
grants to, EASTHAMPTON SAVINGS BANK, with an address of 36 Main Street, Easthampton, MA
01027, the premises conveyed by said mortgage:
That certain parcel of land, with the buildings thereon situated in Northampton, Hampshire County,
Massachusetts and being bounded and described as follows:
A certain tract or parcel of land, which buildings thereon, situate on the Southerly side of Summer Street,
in Northampton, County of Hampshire, Massachusetts, and bounded Northerly sixty-five (65) feet by said
Summer Street, Easterly one hundred eight (108) feet by land now or formerly of Frank W. Carey;
Southerly sixty-five (65) feet by land now of formerly of B.C. Blodgct; Westerly one hundred eight (108)
feet by land now or formerly of Louise Pelissier and party by a private way laid between the granted
Premises and land now or formerly of Norman S. Cornwall.
Also rights and interest in the sewer laid through said Summer Street.
Being a portion of the premises conveyed by Janet C. Bibeau and Joy K. DeRock, Executrix of the Estate
of Ronald G. Samzin to Kelly J. Grimaldi by Quitclaim Deed dated January 8, 2008 and recorded January
9, 2008, in Book 9366, Page 162, Hampshire County Registry of Deeds.
Bk: 10465 Pg: 278
IN WITNESS WHEREOF, EAMAMPTON SAVINGS BANK has caused its corporate seal
to be hereto affixed and these presents to be signed, in its name and behalf by Denise V. Lsizer, Senior
Vice President and Chief Lending Officer, this 25 th day of january, 2011.
EASTHAMPTON SAVINGS BANK
A , zve��
N(un Denise V. Laizer
Title: Senior Vice P=sident and Chief Lending Officer
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss January — 25, 2011
On this day, before me, the undersigned notary public, personally appeared Denise V. Lsizer, Senior Vice
President and Chief Lending Officer of F.asthatupton Savings Bank, proved to me through satisfactory
persona
evidence of identification which was I to be the person whose name is signed hereinabove
in my presence and acknowledged tome that she signed the document voluntarily, for its stnted purpose
and with authority on behalf ofEasthampton Savings Bank.
Notary Public Beth A. LaPointe
My commission expires: October 5, 2012
i
-2-
Bk: 10466 Pg: 279
A��T
I, Denise V. Lsizer, Senior Vice President and Chief Lending Officer of Easthampton Savings
Bank, named in the foregoing Foreclosure Deed, make oath and say that the principal and interest
obligation mentioned in the Mortgage above referenced to Easthampton Savings Bank, dated May 13,
2008 and recorded with the Hampshire County Registry of Deeds in Book 9482, Page 240, was not paid
or tendered or performed when due or prior to the sale, and that I caused to be published on December
17, December 24, and December 31, 2010 in The Daily Hampshire Gazette, a newspaper published or by
its tide page purporting to be published in Northampton, Hampshire County, Massachusetts, having a
general circulation in Northampton, a notice, a true copy of which is attached hereto as Exhibit "A ".
I also complied with Chapter 244, Section 14 of Massachusetts General Laws, as amended, mailing
the required notices, certified mail, return receipt requested. Pursuant to said notice at the time and place
therein appointed, the Bank sold the mortgaged premises at public auction by Corey Fisher, a duly licensed
auctioneer of Aaron Posnik & Associates to Easthampton Savings Bank, for it bid in the amount of Two
Hundred Forty Thousand Dollars (1240,000.00), being the highest bid made therefore at said auction.
Signed this 25th day of January, 2011 under the penalties of perjury.
EASTHAMPTON SAVINGS BANK
N e: Denise V. Laizer
Title: Senior Vice President and Chief Lending Officer
COMMONWEALTH OF MASSACHUSETTS
Hampshire, sa January 25 _ 2011
On this day, before me, the undersigned notary public, personally appeared Denise V. Laizer, Senior Vice
President and Chief Lending Officer of Eas ton Savings Bank, proved to me through satisfattory
evidence of identification which was pBO gre to be the person whose name is signed
bereinabove in my presence and aelmowledged to me that she signed the document voluntarily, for its
stated purpose and with audwdty on behalf of Easthampton Savings Bank
0-
Notary Public Beth A. LaPointe
My coanmissiott expires: October 5, 2012
-3-
Bk: 10465 280
mmmA T A
MORTtiAQW'9 SALE OF REAL ESTATE
ey virtue and In execution of the fbaw of Sate contained
In a owbdn mor&epe given by KELLY J. GRIMALDI to
EAS1HAMF ON AVIM BANK meted May 19, 2008 and
rsoadfsd In the Hurpshins County Registry of Deeds at
Back BM Rqe 2410, of whlch morkpoo the undersigned
M the pn�sait �iitder: tar breach d t oondltions d said
rrwilpaga and for the purposes of foreolaerg, the awns
wN be sold d public audlan at 2:00 p.m. an January
14, 8011, on the mortoagsd pran*m In Northerrpcon,
NsnrpshMe CouugR Marsadacssga, elf and aiguir the
premiss described In amid morlpage, and twvlrg an
addrasa of 55 Summer Stu t
TO wit
land In Nortlwrnpton. Hampdit County,
Massadxcaem, botarded and described Be IoOows:
A certain tract or parcel of f land, which btlldrgs ftroon.
the
situate on So We of Summer 9usst, in
NoNrampton, County of Hampolft Massactxrseas, and
bourdad No gwV teat by sold Swnmar
Street. am hundred eight (1(q Taal by lad now
or tomnerlyr of Frw* W. CwW, Sougrerhr ebdy�Aue ( j
a hu�ndrb etyhtd(10 tmnnw�y of by l tom
Lou lee Polestar and party by a prNrte way Mid betwsen
the n I * prani lend now or fonrwrly of Ncmrrn
S. tL ms and — -
Also rights and interest In the sewer Mid through sold
Sumer sbaoL
Being a portion of the prep conveyed by Janet C.
8lbsau and Joy K. DaRodt,�Ex mcul c of the Estate of
Ronek! Q. Seadn to Kelly J. Odmald by OuOddm Deed
dated Jarmrwy 8, 2008 and recorded A yy 9. 2008.
ti J 9086, Pmps 16L ftgmhim Couny�Rrp" of
Deeds.
The @bow premises wB be acid subject to and/or with
the bwm* at any and all outstanding municipal taxes,
lox dtlo% =Nm wnb. lions. easements, Im
owmmie is or enc rnimutras of soord craided Prior to this
'Grow( Sail m
TEA THOUSAND AND !10!100 ($10.WILOO) DOLLARS of
the puaclaw price mast be paid In loth% certified check
be* ftaepNWa or ca~s check at On true and plow of
the ash► bidder as by tuns M de nrnaet to be held
at tlts�ort d fmw as udpatad� for
any �R by wlW blddsc Tfae IxUertdts d the
purchus prim shell be paid in cash. coMW check, bank
tdemwsrs or cashier's check %Athin thirty (90) days after
the data of sals and the dead shall be required to sign a
Memormndunt dl Wm of Bob containing the above terms
of the suction ands. The puchimmar will be responsible
for rA dosing costa. OwnrtOesbteepadxuells deed
eadse amps and all recordi rg a in bidder public auction
event that successful
shelf detach In purchasing the within described property
ding to ids tone of #6 Notice of MmVogWo Sole
of Rod Em I I andW the terms of the Msntorarrdun of
Sole executed at the public mud(on. the Mortgages
res@rv@s the dpht, st I@ abollom to sell the prey by
tbmclosua dead to lira second highest 11 *1 st the
pu blio mudion provided that (t) amid second M ilhod adder
SW deposit w1h ilte attorney, the arrwud
of In mtgdred deposit m setlWhareholihin three (3)
businew bkMw at tltde of th pmvbw hhigl�ieat bidder eW ((11
Ned0bamNeyediotewwridMghutbWwvAddi s
of said mlfti noUcoL The +a ngrd to sill toreckwurs dead end ft co� i a�n
paid by ft second htphsst udder shall be ft sands s
dssortbad above. The resseva I the fd 10 rip
at dais appointed for the sob zd to0 i;; er
atthetfrrw a�rtdeppoiMd�tlt�ia�dJourned
Odder same. It w% to be announced at the liras and place
at the aft.
DaMrs: Dsownbw 14,2010
EON t3AVIN08 9ANIC
The fi@sart Holder of Said Morigagm
mic &*Nmrrtw% Lila" 8 DN@taal LU'
ail manww Road. Starts s00
tt+bat Harlbnd. CT a61o7
Mote/ for' ft"MD %Nw
asoas DecarrOw 17, K M
ATT$5T: Hl1,M mmim, ✓jY)awr�rr<t cC. XMIBTU
MARIAM L. DOIFOM s
S EASTHAMI'TON
SAVINGS BANK
P.O. Box 351, Easthampton, MA 01027-0351 *Tel. 413- 5274111
www.bankesb.com
July 1, 2011
Stephen Gilson, Chair _
Northampton Planning Board
Northampton, MA 01060
Re: Designation of Representation
56 Summer Street
Zoning Permit Application
Special Permit Application
Dear Mr. Gleason,
Easthampton Savings Bank designates Edward D. Etheredge as it's
attorney and representative in connection with the Zoning Permit Application for
dimensional averaging for the property at 56 Summer Street owned by
Easthampton Savings Bank.
Sincerely,
D ise V. Laizer
Senior Vice Presidefiti is iniet i,ending U't icer
DVL /cd
Encs.
Easthampton Office Southampton Office Northampton Offices Hadley Office So. Hadley Office Belchertown Office Westfield Office
36 Main Street 134 College Highway 297 King Street & 21 Locust Street 100 East Street 605 Granby Road 175 State Street 85 Broad Street