02-019 (6) Etheredge & Steuer, P.c.
A 1"FORNEYS AT LAW
64 GOTHIC STREET
Notn'i l;VAP ON. NIASSACtlus(-"-1°rS 01060
FI)WARD D. F1111;1tFixa:, (.413) 584-1600 FAX 14131 585-8400
SI IIi1.1.FY S'I'I FIV
Also Admitted in New York
and Cal@orma
TELECOPIERTAX COVER MEMORANDUM
DATE: Number of Pages
TO:
FAX NO: /
RE:
FROM: Edward D. Etheredge
REIVIARKS: � LD (-AZW
za . . . - .
. 'BOA 9 �c�ws s�Buir`�ur�a '' „ v5
C �- rat
jela,r, 07' Za4d Aar
If there is a roblem withleceipt of this transmission, please call Kim Penn at(413) 584-1600.
This facsimile transmission contains information which is strictly confidential and may also be subject to legal privileges. It is
intended for the sole use of the individual or entity named above. If the reader of this message is not the intended recipient,you
are hereby notified that any use,duplication,disclosure or dissemination of,or reliance on,this communication or its contents is
strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and destroy the
original communication.
Etheredge & Steuer, P.c.
ATTORNEYS AT LAW
64 Go n uc S rizi:e'r
Nolrrl1AN1PT0N, MASSACHUSETTS 01060
I'.nw:l;n[>. r,rtncul•:nca•: (413) 584-1600 FAX (413) 585-840o
SI Il(LLF:Y Sl'I!Uh:H'
Also Admitted in New York
and California December 24, 1998
Anthony Patillo, Building Inspector
City of Northampton
Pulchalski Municipal Office Building
212 Main Street
Northampton,MA 01060
RE: Zoning Permit
North Farms Road
Assessor's Map 2,Parcel 24
Dear Tony:
Enclosed please find:
1. Zoning Permit Application with Plan;
2. Copy of Deed;
3. Copy of Special Permit.
The Special Permit was recorded on December 31, 1992 in Book 4122 at Page 152. The
Applicants, Tom and Ann Quinn, have contracted to purchase the property on December 31, 1998,
subject to approval of the Zoning Permit. I hope you or your office will review the permit at the
scheduled December 30, 1998 meeting and call me (584-1600) so that I may pick it up that
afternoon.
If you have any questions,please give me a call.
Very truly yours,
war D. Ether ge
EDE/kap
Encs.
cc: Diane Fernald, Esq.
Patrick M. Goggins
Tom and Ann Quinn
File# MP-1999-0067
APPLICANT/CONTACT PERSON Edward Etheridge
ADDRESS/PHONE 64 Gothic St 584-1600
PROPERTY LOCATION NORTH FARMS RD
MAP 02 PARCEL 024 ZONE RR
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FIL OUT �
Fee Paid <
Building Permit Filled out
Fee Paid
Typeof Construction: CONSTRUCT SINGLE FAMILY HOME
New Construction
Non Structural interior renovations
Addition to Existiniz
Accessory Structure
Building Plans Included•
Owner/Statement or License
3 sets of Plans/Plot Plan
TIVFOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION:
✓✓ Approved as presentedibased on information presented.
Denied as presented:
Special Permit and/or Site Plan Required under: §
PLANNING BOARD ZONING BOARD
Received&Recorded at Registry of Deeds Proof Enclosed
Finding Required under: § w/ZONING BOARD OF APPEALS
Received&Recorded at Registry of Deeds Proof Enclosed
Variance Required under: § w/ZONING BOARD OF APPEALS
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
J,2�
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.
10. Do any signs east on the property? YES NO x
IF YE.Vdescribe size,type and location:
Are there any proposed changes to or additions of signs intended for the property?YES NO X
IF YES,describe size,type and location:
11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO
LACK OF INFORMATION.
This colmm to be tilled in
by the Building Department
Required
Existing_ Proposed By Zoning
Lot size 6.61 ac 16.61 (288 K+) 80,000
Frontage 66.58 66.58 50
Setbacks -fmnt 180+ 80
See envelope on Plan 40
-side L• R: L: R•
- rear See envelope 100
Building height 35 35
Bldg Square footage
4,000 +
%Open Space: 1.0*
-'(Lot area minus bldg 977 857
&paved parking)
# of Parking Spaces
N/A
# of Loading Docks NIA N a
Fill:
(volume & location)
13 . Certification: I hereby certify that the information contained herein
is true and accurate to the best of my k ow dge.
DATE: December 24, 1998 APPLICANT's SIGNATURE
NOTE: tmuuanoe of a zoning permit does not relieve n pp i an s bu en to oomply with all
zoning requirements and obtain all required perm) from the Board idf Health. Conservation
commission, Department of Publio Works and other appiloable permit granting authorities.
FILE # Aw�_, .
10. Do any signs ebst on the property? YES NO x
IF YEVdescribe size,type and location:
Are there any proposed changes to or additions of signs intended for the property?YES NO X
IF YES,describe size,type and location:
11. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO
LACK OF INFORMATION.
This cols to be filled is
by the Bui a� Department
Required
Existing_ Proposed By Zoning
Lot size
6.61 ac 6.61 (288 K+) 80,000
Frontage 66.58 66.58 50
Setbacks -fmot 180+ 80
See envelope on Plan 40
-side L• R: L• R•
- rear
See envelope 100
Building height 35 35
Bldg Square footage
4,000 +
%Open Space:
(Lot area minus bldg 977 857
&paved parking)
# of Parking spaces
N/A
# of Loading Docks
N a
Fill:
(volume & location)
13 . Certification: I hereby certify that the information contained herein
is true and accurate to the best of my k ow dge.
DATE: December 24, 1998 APPLICANT'S SIGNATURE
NOTE: Issunnoe of a zoning permit does not relieve n pp i an s bu ' en to oom
zoning required ply with all
� requirements and obtain all ulred ermi from the Board i Health, Conservation
Commisslon, Department of Publio Works and other applionble permit granting authorities.
FILE #
i --�
File No. I '
ZONING PERMIT APPLICATION (§10 - 2 ) OF ? 8 1998
.J
PLEASE TYPE OR PRINT ALL =ORMATXOf DEPT OF Bt,
NQR1
1. Name of Applicant: Thomas E Quinn and Ann H Quinn by Edward D- Ftheredge
Etheredge & Steuer, P.C. -
Address: 64 Gothic Street Northampton MA 01060 Telephone: (413) 584-1600
2. Owner of Property: Virginia Sullivan
Address: 52 Ward Avenue Northampton, MA Telephone: 586-9422
3. Status of Applicant: Owner X Contract Purchaser Lessee
Other(explain):
4. Street Address: rear of 585 North Farms Road (s pp attarh rl deed and plan)
Parcel Id: Zoning Map# 2 Parcel# 24 District(s):
(TO BE FILLED IN BY THE BUILDING DEPARTMENT)
5. Existing Use of Structure/Property vacant (building_lot)
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necessary):
Construction of a Single family hnma in accord with the Special Permit
(Book 4122, Page 152) and approved Plan (Plan Book 174. Page 235) . See
attached Plan
7. Attached Plans: X Sketch Plan Site Plan Engineered/Surveyed Plans
Answers to the following 2 questions may be obtained by checking with the Building Dept or Planning Department Files.
-8. Has a Special Permit/Variance/Finding ever been issued for/on the site?
NO DONT KNOW YES X IF YES,date issued:5/28/92
attached
IF YES: Was the permit recorded at the Registry of Deeds?
NO DON'T KNOW YES X
IF YES: enter Book 4122 Page 1 5 2 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)
t
n
i
r
r
• 35850
i
. i
r
r
i_
f
f
l
!T1). A m f
C, e w CI
fV
• •J
V j LO !Y1
A
I 7 . Sullivan will keep in force adequate insurance to protect
' Lang from any potential liability that may result to Lang from the
use of the common driveway by agents, servants, guests or invitees
of Sullivan or anyone using the common drive with the permission of
Sullivan.
S. The provisions of this agreement shall be binding upon and
inure to the benefit of the respective parties, heirs, successors
and assigns.
9. Th#:pruvisions, of this agreement may be enforced by an
action at law under contract by either party in any Court of
competent jurisdiction. This entire agreement shall be deemed •to
be a covenant between the parties of this agreement affecting title
to the property of bang and Sullivan and their heirs, successors
and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their
res tive hands and seals as of the date first indicated above.
7 " P4441-�
i e s Patr ck J. tAng
Witness Rebecca Lang
W1 ess Vir i 'a M. Sullivan
Witness Lawrence E. Corbett
Witness R'ta D. Corbett
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. Octobei 31, 1991 _
Then personally appeared before me the above named Virgini � 1
and declared the foregoing instrument to be her free act and . e d.. > V '�;&''!'
- -• .3:
No ary Public - A%
My commission exgttFig � �.• •
lure ss. I992 at A.-o'er ' ut M Rec -' - .'.
Yf�-.�.
(MONTMt s_
tuad with Hampshire Re8• of •
A�
35350
SHARED DRIVEWAY BGREDWNT 4�ZZ'
AGREEMENT made as of this 3 / day of October, 1991 among
PATRICK J. and REBECCA LANG (hereinafter "Lang" ) , VIRGINIA M.
SULLIVAN (hereinafter "Sullivan") and LAWRENCE E. AND RITA D.
CORBETT (hereinafter "Corbett") .
In consideration of the purchase by Sullivan from Corbett of
a flag lot situated on the Northeasterly side of North Farms Road,
Northampton, Hampshire County, Massachusetts, by deed of
pect.,i►L_r.- 31, 1i(L recorded in the Hampshire County
Registry of Deeds as Document No. 3 T 4 Y , Book , Page
the mutual promises set forth herein and for other good and
sufficient consideration, the parties hereto agree as follows:
1. Patrick J. and Rebecca Lang are the owners of residential
property on North Farms Road subject to a right-of-way in favor of
Corbett over an existing roadway to 300' north of North Farms Road,
Hampshire County Registry of Deeds Book 2376, Page 02.
2. Lawrence E. and Rita D. Corbett have conveyed to Virginia
M. Sullivan by deed recorded herewith parcel l-A containing 6.612
acres as shown on a plan of land of Northampton, Massachusetts
prepared for Virginia M. Sullivan recorded in the Hampshire County
Registry of Deeds in Plan Book f-M_, Page 2-'&5�, which parcel is
benefited by the aforementioned right-of-way.
3. Section 6.12 of the City of Northampton, Massachusetts
Zoning Ordinance as amended through March 21, 1991 provides for
Common Driveways by special permit.
4. The existing driveway to the Lang residence from North
Farms Road to a point 300' north of North Farms Road shall be a
Common Driveway for the purposes of providing access which will be
the only vehicle access to the land of Virginia M. Sullivan
previously referred to as parcel 1-A, her heirs, successors and
assigns.
5 . Sullivan shall pay for the cost of any improvements to the
Lang driveway as it now exists which will be required to secure a
special permit for the driveway to be used as a Common Driveway.
6. From the date of the conveyance from Corbett to Sullivan,
all subject to the Special Permits as required by the City of
Northampton Zoning Ordinance, Sullivan, her heirs, successors and
assigns, agrees to pay 50% of the reasonable costs of the care of
said common driveway, which runs from North Farms Road to a point
ten feet north of the division of said Common Driveway into the
portion servicing the Lang residence and the portion servicing the
Sullivan property. Said reasonable costs to include maintenance'of
the common drive surface, snow removal, maintenance and repair of
drainage structures and wowing of the shoulders.
eK4 122PCO 154
; = a if you wish to appeal this action, your appeal must be tiled
pursuant to M.G.L. Chapter 40A, Section 17, with the Hampshire
Superior Court and notice of said appeal filed with the City Clerk
within twenty (20) days of the date this Decision was filed with
the City Clerk.
1 DECISION DATED: May 28, 1992
DECISION FILED WITH CITY CLERIC: June is, 1992
PLANNING BOARD MEMBERS SIGNATURES FOR APPROVAL:
{
{
( � r
Chairman: Andrew Crystal
�)eb�' i f i �L1111a
17,
July 6, 1992
CERTIFICATE OF CITY CLERK-
Z, Wendy Mazza, Assistant City Clerk of the Cat �jaY �artha� ton hereby certify
that the above Decision of the Northampton PIa ing�BO3rds filed in the
Office of the City Clerk on June 15, 1992, thAt twenty days- ave elapsed
since such filing and that no appeals have be n, file3 i�' tHr2�.matter.
3 >Wend f 4a` zaa
Assi4Chnt City-Clerk
.City-'6t`d3orthan6ton '
1,,,.n_ .�aay uOC1W�td�L utesLa.Ree'denCd and emad-4A
Ilb
BK4 122PGo 153
road. The requested use will not create undue traffic congestion
or unduly impair pedestrian safety because of the shared driveway.
The requested use will not overload any public water or sewer
systems because the residence will have its own water and will not
be dependent on city storm sewer or sewer systems. The requested
use is in harmony with the general purpose and intent of the
ordinance and is consistent with the integrity and character of the
existing Rural-Residential zone.
The Planning Board voted to approve the Special Permit for a common
driveway under 86.12 of the Zoning Ordinance, Page 6-14. The
common driveway shall service only two lots. The common driveway
shall provide the only vehicle access to the lot being serviced by
it and shall be so stated in the deed to the subject lot. The deed i
from Corbett to Sullivan will state that the only access is across
the right-of-way as reserved to Corbett in the Hampshire County
Registry of Deeds, Book 2376, page 2. The co=on driveway, as
shown on the site plan, shall have 12-foot bituminous concrete
surface with four-foot, plus or minus, grass shoulders on each side '
as required by the ordinance. The driveway is less than 300 feet
y` in length, and meets the approval of the DPW and the Fire
i Department, and complies with all other driveway requirements.
3 The Planning Board also reviewed the criteria for site plan
approval under §10.11 and voted unanimously to approve tte site
Plan review with the requested waivers because there will be
minimum impact on pedestrian and vehicular traffic; provisions for
drainage and water Problems have been addressed with the proposed ;
6 2' wide Swale along the driveway to carry surface water away from
the site; there will be no adverse impact on the City's resources. -
Pursuant to Mass. General Laws, Chap. 40A, §_1, no variance,
finding, or special permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision '
bearing the certification of the City Clerk that twenty days• have
elapsed after the decision has been filed with the City Clerk and
that no appeal has been filed, or if such an appeal has been filed 5
that it has been dismissed or denied, is recorded in the Hampshire
County Registry of Deeds and indexed under the na=e of the owner of
record or is recorded and noted on the owner's certificate of
title. The fee for such recording or registering shall be paid by
the owner or applicant.
The Northampton Planning Board certifies that a variance, finding,
or special permit has been granted and that copies of this decision
and all plans referred to in it have been filed with the Planning
Board and the City Clerk. r
Pursuant to Mass. General Laws, Chapter 40A, section 15, notice is
hereby given that this decision is filed with the Northampton City
Clerk on the date below. ;
rl
2 -
.R1N 1 5 'cS?
� 1
i
r
3584)
.' .00
City of Northampton,Massachusetts
Office of Planning and Development L
City Hall•21 G Main Street
{ Northampton,MA 01060•(413)586.6850 `
c `
FAX(413)586.3726
-Community and Economic Oeveiopment s
j •Conservation•Himorie Preservation � ;:+-.�
•Planning Board-Zoning Board of Appeals �o>
•Northampton Parking Commission
�• f a
r
DECISION or
j' - - .. NQRTFi_�xvTnn 4r a�ttrtvw --
' APPLICANT: VIRGINIA M. SULLIVAN
a APPLICANT ADDRESS: 52 WARD AVENUE, NORT:iA?!PTON
OWNER: LAWRENCE CQRBETT
OWN=P ADDRESS: 589 NORTH FARMS ROAD, FLORENCE
R LAND OR BUILDINGS IN NORTHA.v3TON AT:
NORTH FAR.*iS ROAD
At a meeting held on May 28, 1992, the Northam
Board of Appeals voted unanimously: Northampton Plan*,±nq
{
l To APPROVE the request of Virginia M. Sullivan for a SPECIAL
PER.WIT under the Provisions of §6--13 of the Northampton Zoning
Ordinance for a flag lot.
3 2. To APPROVE the SPECIAL PERMIT under the provisions of 56.12 of
` the Northampton Zoning Ordinance for a common driveway;
3. To APPROVE THE SITE PLAN REVIEW AND GRANT the REQUESTED
WAIVERS 08 SITE PLAN REQUIREMENTS with the condition that
there be no curb cuts allowed on Burts ?it Road.
Present and voting were Chairman Andrew Crystal, Diane Welter,
Nancy Cuseau, Marion Mendelson, Bob Riddle, and Dan Yacuzzo.
The findings were as follows:
The Planning Board voted to approve the Special Permit for a flag
lot under 56.13 of the Zoning ordinance as outlined in the
applicant's application for permit. The requested use of the
property as a flag lot is authorized by $6.13 of the Zoning
Ordinance at Page 6-15 and the use of the flag lot as a single
family residence in an RR zone is shown in the Table of Use
Regulations. The requested use bears a positive relationship to
the public convenience or welfare because the use of the property
as a flag lot permits sensitive development of residential land
within the City without the necessity of a full-blown subdivision
. I
r�
the Langs have used and continue to use the Common Driveway under the Shared Driveway
Agreement and Special Permit issued by the Planning Board.
If this is not the present interpretation or there is any other issue, please let me know at once.
2
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'
'Also Admitted in New York
and California
MEMORANDUM
To: Anthony Patillo, Building Commissioner
City of Northampton
From: Edward D. Etheredge G
Etheredge & Steuer, P.C.
Re: Tom and Ann Quinn
North Farms Road
Map 02, Parcel 24
Date: May 11, 2000
See attached:
1. May 28, 1992 Decision of Northampton Planning Board, Book 4122, Page 152.
2. Shared Driveway Agreement, October 31, 1991, Book 4122, Page 155.
3. Zoning Permit Application, December 28, 1998.
4. Approved Zoning Permit, December 30, 1998.
5. December 24„ 1998 Letter.
6. Fax Cover Sheet to Janet Sheppard, December 30, 1998.
Section 6.13.7 provides, "the Special Permit Application shall include a plan showing the
location and layout of the proposed driveway . . ."
My recollection of my discussion with Janet in 1998 was that the Common Driveway Special
Permit, absent evidence of use, expired in 1994. We agreed that the provisions of Section 6.13.6
applied. On that basis, Stan issued a Zoning Permit on December 30, 1998.
I view the Common Driveway Permit as surplusage when you do it in conjunction with a Flag
Lot that shows the driveway and has a recorded Easement/Shared Driveway Agreement. Nevertheless,
1
✓/q
Etheredge & Steuer, P.c. r LI✓
ATTORNEYS AT LAW
64 GOTHIC STREET
NORTHAMPTON, MASSACHUSETTS 01060
EDWARD D. ETHEREDGE (413) 584-1600 FAX(413) 585-8406
SHELLEY STEUER'
'Also Admitted in New York
and California
TELECOPIER/FAX COVER MEMORANDUM
DATE: S--11 -60 Number of Pages
TO: /G T/!!/D
FAX NO:
RE: —%dry
FROM: Edward D. Etheredge
REMARKS:
If there is a problem with receipt of this transmission,please call Kim Penn at(413) 584-1600.
This facsimile transmission contains information which is strictly confidential and may also be subject to legal privileges. It is
intended for the sole use of the individual or entity named above. If the reader of this message is not the intended recipient,you
are hereby notified that any use,duplication,disclosure or dissemination of,or reliance on,this communication or its contents is
strictly prohibited. If you have received this transmission in error, please notify us immediately by telephone and destroy the
original communication.