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17C-146 (2) The Stipulation of Agreement and Conditional Settlement requires an open space restriction "Easterly of the parking lot" and the shed is located easterly of the lot within the area to be preserved as open space. The location of the shed in this area is a blatant violation of this condition. Counsel for the bank has informed me recently that the deed restriction will be executed shortly. In sum, I submit that 1 ) the erection of the shed is not permissible on this non-conforming lot, 2) that even if it were permissible, it would require afinding under the conditions of approval fr)r the hank-`s parking lot project and the court-approved settlement agreement which incorporates those conditions and 3) that, if granted, such a finding could not allow the shed in its current location as this would violate both the conditions imposed by the ZRA in its approval of the parking lot and the abovementioned court-approved settlement to which the City of Northampton is a party. I urge you to read the decisions of the Planning Rc)ard and ZRA and the Stipulation of Agreement and Conditional Settlement. Thank you For your attention to this matter. Sincerely RS, I understand that von have informed Mary Kasper that the bank's placement of shrubs/screening is appropriate. A review of the site plan approved by the Planning Roard and incorporated into the settlement agreement indicates otherwise. The bank is required to plant suitable Ir shrubbery in the locations indicated on the site plan. cc Sanford Kaye cc Thomas Groboski Esq. cc Mark NeJame, Chair, Northampton Zoning Roani(if lknnea- ls cc Chair, Planning Board /7C - Christopher S. Morris Attorney at Low 28 Village Hill Road U , DEC 1 A U Williom- sbura Massachusetts 01096 teler)hone-I413) 268-9003 v e­m4l.-c Anthony Patillo Building Commissioner Municipal Offices 212 Main St. Northampton, MA 01060 December 9, 1999 Dear Mr. Patillo, I represent Sanford Kaye, as I have throughout the process of his appeal of the ZBA's original issuance of a finding for Florence Savings Bank's Keyes Street parking lot project. I under-stand that the bank has erected a small stied on the property beyond the northeast corner of the parking lot. However, the construction of a shed on this non-conforming property is not proper. I am unaware of any authority in Northampton's Zoning Ordinance Section 9 or in the enabling statute MGIc. 40A section 6 which would permit a new structure on a nonconforming lot with insufficient frontage. The fact that the shed is allowed by right is irrelevant. Even if the City had the authority to permit the erection of this structure, it cannot do so without the issuance of a finding. One of the conditions imposed by the ZBA with its finding filed December 26, on(I 1995 is that "I" use dw_ property is other than that approved by the Zoning Board ol'Appeals (a parking lot and open arealplay rround), then the applicant w1*1111 be required 'L(--) 111C 101 another Finding-, from the Board of Appeal[s]". The shed was not included on the site plan, is not to be used as a parking 'lot or an open area/playground and therefore, requires a finding. This condition was also included in the the Stipulation of Agreement and Conditional Settlement in Kaye v. Northampton ZBA et ,mil (Superior Court C.A.96010) which. provides that 'All other conditions and restrictions in the present Site Plan Special Permit and Zoning Board Decision shall remain...". My client particularly objects to the shed's location, namely right next to his yard and within the area which was to be left as open space. 4 December 9, 1999 Florence Savings Bank c/o Thomas M. Growhoski,Esq. 60 State Street Northampton, MA 01060 Florence Savings Bank 85 Main Street Florence, MA 01062 Subject: Failure to comply with Site Plan Special Permit issued for sixty space parking lot at 25 Keyes Street Dear Sirs: A complaint was made to our office that you have failed to comply with Site Plan Special Permit that was issued to you by the Northampton Planning Board i:or the construction of a sixty space parking lot. I made a site visit on December 9, 1999 and found that the following items were not in compliance: a. Gate at entrance of lot that is to be locked every evening after last employee has left, has not been installed. b. Planting schedule and layout of plantings not in compliance to plan as drawn by Almer Huntley, final revision dated September 22, 1998. c. The"Caution Bike path" sign under stop sign indicating that the bike path crosses Keyes Street to the South has not been installed. The items listed above must be corrected, please contact this office with timetable as to when work will be completed by. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: Northampton Planning Board v w y._. __ __ _ _ __ __ ___ . . i __ , ____�__ -__ __. i _ __ i ___ _.__. �..._ _..___ _ } ___ . Y PHONE CALL A.M. FOR _ DAT TII � M Al OF 9140NED ❑FAX RETURNED PHONE O MOBILE ' �" YOUR CALL AREA CODE NUMBER EXTENSION MESSAGE LEASE CALL WILL CA L` AGAIN CAME TO 'SEE YOU WANTS TO SEE YOU SIG FORN14003