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31B-070 (2) EA SAVINGS BANK P.O. Box 351, Easthampton, MA 01027 -0351 .Tel. 413 - 527 -4111 www.bankesb.com July 1, 2011 Stephen Gilson, Chair Northampton Planning Board ')1n\,0;,. F«`, .. ...._ 1i...�n .vim. 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 Summ.er Street owned by Easthampton Savings Bank. Sincerely, D iisc V. Laizer Sei for `vice Presidentii hies Lending Officer DV 1., /cd Encs. [:asthampiou Oiiicr Southampton (Mice Xbrthampion (Mu es !Witty Onto.. Su_ lladle‘ Office Belche'town (Hiicc tte ttield °Ince 36 Main Street 134 College Highway 297 King Street & 21 Locust Street 100 East Street 605 Granby Road 175 State Street 85 Broad Street g 33 i , � � 4Z s a1 8 $ p ri:i -g a 1 wrii it,...„ on fl I E4 Id 1 0 l h i ' g � oe , 0 1 1 L . a „ 1 4 i 1 1 1 I AA Ilk iriii Als 1 1 a II: i ii'l I il q 1 1 1111 ilij ER i 3;1k lIfighigillimill inglitli in: iiIR i 1111 hiiiiin r g g 5. H 0 Bk: 10485 Pg: 279 I, Denise V. Laizer, Senior Vice President and Chief Lending Officer of Easthampton Savings Bank, named in the foregoing Foredosure 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 Hunpshire 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 a bid in the amount of Two Hundred Forty Thousand Dollars 0240,000.00), 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, ss 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 Ea1 Savings Bank, proved to me through satisfactory evidence of identification which was powr a rte to be the person whose natne is signed bereinabove in my presence and acknowledged to me that she signed the document voluntarily, for its stated purpose and with authority on behalf of Easthampton Savings Bank. Notary Public Beth A. LaPointe M commission expires: October 5, 2012 -3- Bk: 10465 Pg: 278 IN WITNESS WHEREOF, EASTHAMPTON 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. Laizer, Senior Vice President and Chief Lending Officer, this 25th day of January, 2011. EASTHAMPTON SAVINGS BANK 1+N�im Denise V. Lauer Tide Senior Vice President and Chief Lending Officer COMMONWEALTH OF MASSACHUSETTS Hampshire, as January 25 , 2011 On this day, before me, the undersigned notary public, personally appeared Denise V. Laizer, Senior Yux President and Chief Lending Officer of Bead:t ptan Savings Bank, proved to me through satisfactory arsons evidence of identification which was to be the person whose name is signed hereinabove in my presence and acknowledged to me that she signed the document voluntarily, for its stated purpose and with authority on behalf of Easthampton Savings Bank. ik . Lo,. Notary Public Beth A. LaPointe My commission expires: October 5, 2012 • -2- Bk: 10465 Pg: 277 9k: 10486Pg: 277 Page: 1 of 4 Recorded: 02/03/2011 10:17 AM MASSACHUSETTS EXCISE TAX FORECLOSURE DEED Hampshire District ROD #13 001 Date: 02/03/2011 10:17 AM ctrl 026382 15329 DooN 00002493 AFFECTED PREMISES: Fee: $1,094.40 Cons: $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. Blodgett 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. Sarazin 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. 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. 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). 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 no 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 ZONING Lot Size 7,656 7 , 656 — 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% 767 parking # of Parking Spaces 2 2 # of Loading Docks N/A N/A Fill. N/A N/A (volume Et location) 13. Certification: I hereby certify that the information contained herein is true and accurate to the best of my knowledge. Date: 7-/--.26 Applicants 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: \Documents \FORMS \original\ Building- Inspector\Zoning- Permit - Application- passive.doc 8/4/2004 File No. /27P-id"/ ZONING PERMIT APPLICATION 01o.2) lease type or print all Ins Office w ith the $1 filing (check or mane , • IF - • e • the P ' 5.f 9 .f � 41=j=411111! e . City of Northampton JUL - 7 2011 1. Name of Applicant: Easthampton Savings Bank Address: 36 Main. Street, Easthampton, MA 01027 Telephone FB ,WeZa eo 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: s ingle 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 - Inspector\Zoning - Permit- Application- passive.doc 8/4/2004 Etheredge & Steuer, Pc. ATTORNEYS AT LAW 64 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 EDWARD D. ETHEREDGE (413) 584-1600 FAX (413) 585 -8406 SHELLEY STEUER" ed@noholaw.com ss @ noholaw. com WHEATLY R. GULMI- LANDY' wheatly ®noholaw.com Also Admitted in New York 'Also Admitted in California • IV D July 7, 2011 JUL ' 7 2011 DEPT. OF BUILDING INSPECTIONS NORT HAMPTON MA 010f 0 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, E dward D. Etheredge EDE /kap Encs. cc: Carolyn Misch, Sr. Planner Dennis Kahelalis, Easthampton Savings Amanda Zedonis, Esq. File # MP- 2012 -0004 APPLICANT /CONTACT PERSON ETHEREDGE & STEUER, P.C. ADDRESS/PHONE 64 GOTHIC ST (413) 584 -1600 0 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 15 Building Permit Filled out Fee Paid Typeof 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 PRESENTED: Approved VAdditional permits required (see below) . C / ` PLANNING BOARD PERMIT REQUIRED UNDER : § 3 i 0 ( IG ' 3 1 (6t..sIOIJ*rt-� A trertA46 Int ermediate Project : Site Plan AND /OR i✓ 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 c / 7 /5// I Signature of Building 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.