24D-119 (3) COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. August 10, 2004
On this 10th day of August, 2004, before me, the undersigned notary public, personally
appeared Todd M. Demers and James R. Demers, proved to me through satisfactory evidence of
identification, which was �-S" to be the persons whose names are
signed on the preceding document in my presence and acknowledged to me that they signed it
voluntarily for its stated purpose.
Notary Public: Mark Beau gard
My Commission Expires: 1/06/06
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. August 10, 2004
On this 10th day of August, 2004, before me, the undersigned notary public, personally
appeared Carl W. Gutkowski and Edith A. Gutkowski, proved to me through sad"
evidence of identification, which was Y•.. ' . ,, ,.
to be tl a, l
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names are signed on the preceding document in my presence and acknowg x9s
signed it voluntarily for its stated purpose. 'o��gE ` q: CSy
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Notary Public: >�! °�►�uWXX
My Commission Expires: . •I.)l-III
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. August 10, 2004
On this 10th day of August, 2004, before me, the undersigned notary public, personally
appeared Mary Clare Higgins, Mayor of the City of Northampton, proved to me through
satisfactory evidence of identification, which was Perw, F I /?no,-Ie�ye , to be the
person whose name is signed on the preceding document in my presence and acknowledged to
me that she signed it voluntarily for its stated purpose as the free act and deed of the City of
Northampton, Massachusetts.
M FF iii
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Notary Public:
My Commission Expires:
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ATTEST: HAMPSHIRE, i���c,�i�sE1���
MA A T A*TAM Y EGISTER
(90) days of the date the above-described Zone Change is granted by the City of
Northampton so that said mortgage will be subordinated to this Development Agreement.
5. This Development Agreement shall be deemed to have been executed within the
Commonwealth of Massachusetts, and the rights and obligations of the parties hereto
shall be construed and enforced in accordance with and governed by the laws of the
Commonwealth of Massachusetts.
6. This Development Agreement is the entire agreement among the parties with respect to
the subject matter hereof and supersedes all prior and contemporaneous oral and written
agreements and discussions.
7. This Development Agreement is binding upon and shall inure to the benefit of and shall
- - be enforceable by the parties hereto, their respective agents, representatives, officers,
directors, divisions subsidiaries, affiliates, assigns, heirs, successors in interest, and
shareholders.
8. This Development Agreement may be executed in counterparts, and when each party
has signed and delivered at least one such counterpart, each counterpart shall be deemed
an original, and, when taken together with other signed counterparts, shall constitute one
agreement, which shall be binding upon and effective as to all parties.
EXECUTED AS A SEALED INSTRUMENT THIS 10TH DAY OF AUGUST, 2004.
CITY O ORT TON
Witness _ _ by: Mary Cl#e Higgins, its AaW
�./ �� � / �,1.V t`�. ,�.�-•' �';_ - -� ..�{;t r�.
Witness. Carl W. Gutkowski
Witness Edith A. Gutkowski
Wi ne M. Demers
Witness s R. Demers
3
specifically prohibit gas stations, automobile service centers, convenience stores
(defined as_a store_that_sells convenience food-items,tobacco,-and lottery and is
usually open at least fifteen (15) hours per day), take-out restaurants, and adult
entertainment uses. However, nothing in this restriction shall be intended to
restrict the use of the first floor of the exiting buildings from being used for
residential housing.
b. All stories above the first floor of the existing structures shall be limited to
residential housing.
C. Any new structures constructed on the Property shall be multi-story with all
stories above the first floor limited to residential housing.
d_______-All-new-structur-es-constructed-on-the Property shall cover at east fifty (50%)
percent of the frontage of the Property and set back not more than thirty-five (35)
feet from the front line of the Property and contain a minimum of two full stories
above grade.
e. There shall be no curb cut on Church Street for ingress or egress or cutting of
trees within twenty(20) feet of Church Street without Planning Board site plan
approval.
f: The above-described limitations are perpetual and can be modified or
extinguished only by a positive two thirds vote of the Northampton City Council.
3. Northampton, Gutkowski, and Demers agree that if the Zone Change is not approved by
Northampton within five(5) months from the date hereof, or the Zone Change is
subsequently determined to be invalid, illegal, or unconstitutional by the Attorney
General of the Commonwealth of Massachusetts or by a court of competent jurisdiction,
or if there are subsequent Zone Changes to the Property from either general business or
highway business which are objectionable to Gutkowski_orDemers,_then,-and-in-that— -- - -
event,the provisions of this Development Agreement and each of the agreements and
documents referenced herein shall be null and void. In that event, the parties hereto agree
to act in good faith and with reasonable promptness in executing a notice stating that the
above-described restrictions are null and void so that said notice can be recorded in the
Hampshire County Registry of Deeds. However, the parties hereto understand and agree
that the provisions of this Paragraph 3 shall not apply if the zoning of the property
commonly known as 206 King Street and 200 King Street is changed in the future from
Highway Business to General Business.
4. It is the intent of the parties hereto that this Agreement shall supersede the interest of any
mortgagee encumbering the property. 206 King Street is not encumbered by a mortgage;
however, 200 King Street is encumbered by a mortgage granted by Todd M. Demers and
James R. Demers to Countrywide Home Loans, Inc. dated October 2, 2003 and recorded
in the Hampshire County Registry of Deeds, Book 7504, Page 213. As the result, Todd
M. Demers and James R. Demers hereby agree to refinance said mortgage within ninety
2
- -- - - _ -Bk:7982Pg: 197 Page: 1 of 4
DEVELOPMENT AGREEMENT Recorded: 09/09/2004 10:35 AM
WITNESS-this-Development Agreement-(hereinafter referred to as-"Development--- - --
Agreement")dated as of the 10th day of August,2004 made by and between the City of
Northampton, a Massachusetts municipal corporation with a usual place of business at City Hall,
210 Main Street,Northampton, Massachusetts,acting by and through its City Council
(hereinafter collectively referred to as"Northampton"),Carl W.Gutkowski and Edith A.
Gutkowski,206 King Street,Northampton,Massachusetts(hereinafter collectively referred to as
"Gutkowski"),and Todd M.Demers,48 Hunt Seat Drive,Chicopee,Massachusetts and James
R.Demers, 39 Haven Avenue,Chicopee,Massachusetts(hereinafter collectively referred to as
"Demers").
RECITALS
WHEREAS,Gutkowski and Demers have entered into a Purchase and Sale Agreement in
---------
---- - -— h G
whicutkowski-agrees to-sell-and Demers agrees to purchase the premises commonly known
as 206 King Street,Northampton,Massachusetts(Parcel ID No. 24D-119-001)as more
particularly described in a deed dated March 17, 1972 recorded in Hampshire County Registry of
Deeds,Book 1624,Page 242 (hereinafter referred to as"206 King Street';and
WHEREAS, Demers is the owner of the premises commonly known as 200 King Street,
Northampton,Massachusetts(Parcel ID No. 24D-121-001)as more particularly described in a
deed dated September 30,2003 recorded in Hampshire County Registry of Deeds,Book 7504,
Page 211 (hereinafter referred to as"200 King Street")(Both 206 King Street and 200 King
Street are hereinafter sometimes collectively referred to as the"Property");and
WHEREAS,both Gutkowski and Demers have petitioned Northampton to have the zone
classification of the Property changed from Urban Residence-C(URC)to Highway Business
(HB)(hereinafter collectively referred to as the"Zone Change'; and
WHEREAS,as a meanssz to offset the impact to Northampton of the above-described
Zone Change of 200 King Street and 206 King Street,both Gutkowski and Demers have
voluntarily offered to impose certain restrictions on the Property,all as more particularly
described herein.
NOW THEREFORE,for ONE($1.00)DOLLAR and other valuable consideration,the
receipt and sufficiency of which is hereby acknowledged,the parties agree as follows:
AGREEMENT
1. The parties hereto shall properly execute this Development Agreement and have same
recorded in the Hampshire County Registry of Deeds.
2. The above-described Property shall be subject to the following restrictions:
a. Use of the first floor of the existing and any future buildings on the Property shall
be limited to commercial retail and personal service establishments,professional
and business offices,medical and dental offices,and related uses and shall
City of Northampton
Massachusetts
a DEPARTMENT OF BUILDING INSPECTIONS
212 Main Street • Municipal Building
Northampton, MA 01060 }
Valley Building Company, Inc.
P.O. Box 246
Hadley, MA 01035
January 23, 2014
re: 200-206 King Street, Northampton
Dear Mr. Gelinas,
The properties at 200 and 206 King Street in Northampton are subject to a deed restriction
based on a zoning change in 2004. I've included a copy with this letter. It doesn't appear that the deed
restrictions would prohibit the 1St phase proposal but they might be a consideration for the 2nd phase
proposal.
The simple exterior improvements would be allowed as long as they meet building code
requirements. We need more specific information about the proposed addition to make a determination
about whether it would be allowed by zoning.
The building code would likely require a sprinkler system if you were to add a unit to the building
at 206 King Street, or even to add onto the existing residential unit. The triggers come in chapter 34
(the 2009 existing building code).
If you have more questions, feel free to contact me at the building department or Carolyn Misch
at the planning department.
Thank you,
Louis Hasbrouck
Building Commissioner
City of Northampton
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6.Attachment
We have an accepted offer in place to acquire 200 and 206 King Street in Northampton.Our plan, is to
acquire these properties and make some aesthetic improvements to the exteriors(new siding,windows,
roofing, landscaping, etc.).200 King Street is an existing 4 family. 206 King Street is a mixed use building
with 1 commercial space and 2 residential.The land area is over 15,000 square feet,and the existing
structure appears to sit rather close to the front and left-side property lines,with ample property
remaining at the right-side(Church Street) and rear of the property.
Our immediate inquiry is to hopefully receive a Zoning Opinion or determination on the following phase
plans:
Phase 1.This is a simple exterior improvement, however we are also looking to add another 1 bedroom
unit off the back of the existing(one story portion)of the building. I have attached a rough sketch on a
photo of the building.All other changes would be aesthetic:improvements.
Phase 2.As a phase 2 consideration,we would be interested in breaking off the lot into 2 (it appears to
meet the frontage and area requirements), and construct another mixed use building on the space-
perhaps with 2-3 residential units and some commercial rental space.
Based on the above concepts, we would be interested to hear your feedback,concerns,questions,etc.
10. Do any signs exist on the property? YES NO
IF YES, describe size, type and location:
Are there any proposed changes to or additions of signs intended for the property? YES NO V'
IF YES, describe size, type and location:
11. Will the construction activity disturb (clearing, grading, excavation, or filling)over acre or is it part of a common
plan of development that will disturb over 1 acre? YES NO =
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
Frontage
Setbacks Front it-
Side
L: f�&* 1, R: )Iv tj L: R: L: R:
Rear
Building Height
Building Square Footage
%Open Space: (lot area
minus building Et paved
parking
#of Parking Spaces
�l
#of Loading Docks
rj
Fill:
(volume Et location)
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
Date: I It- y Applicant's Signature �-
� C
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
FileNo. P_1 q_ 6 o
PERMITAPPLICATION 01o.2)
a or print all information and return this form to the Building
pector's Office with the $15 filing fee (check or money order)payable to the
City of Northampton
1. Name of Applicant: Gv-
Address: z I-1 , /4A &/v35 Telephone: tj i l 5Ftj-777to
2. Owner of Property: Pz,n4 rs Fr-4,r'14 Tr
Address: Telephone:
3. Status of Applicant: Owner Contract Purchaser_✓ Lessee Other (explain)
4. Job Location: aoG ku,, 1�r kc r-44 a.�,�. . MA ciocc
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: r,M.1 rr-1,;'
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
7. Attached Plans: Sketch Plan ✓ Site Plan _ Engineered/Surveyed Plans
8. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO DONT KNOW V/ YES _ IF YES, date issued:
IF YES: Was the permit recorded at the Registry of Deeds?
NO DONT KNOW ✓ YES _
IF YES: enter Book Page_ and/or Document#
9.Does the site contain a brook, body of water or wetlands? NO _✓ DONT 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
File#MP-2014-0060 , a, A
APPLICANT/CONTACT PERSON VALLEY BUILDING COMPANY INC 0(o
ADDRESS/PHONE P O BOX 246 (413) 584-7710 1'
PROPERTY LOCATION 206 KING ST
MAP 24D PARCEL 119 001 ZONE HBO 00)/URC(0)/ LcTt (A-t-L
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid
Building Permit Filled out
Fee Paid
Typeof Construction: ZPA-SUBDIVIDE,MIXED USE
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: 1"b 1)(T-((t N� I o r Q KM AT I �
Approved Additional permits required(see below) �/`� 1"
PLANNING BOARD PERMIT REQUIRED UNDER: §
Intermediate Project : Site Plan AND/OR 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
G4= / L4� vzoflft
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.