31B-192 91 King Street-CBAC Decision-4-26-2011Planning - DecisionCity of Northampton
Hearing No.:PLN-2011-0001Date: April 26, 2011
APPLICATION TYPE:SUBMISSION DATE:
Central Business Arch. District Perm7/2/2010
Applicant's Name:Owner's Name:
NAME: NAME:
ROMAN CATH BISHOP OF SPFLDROMAN CATHOLIC BISHOP OF SPRINGFIEL
ADDRESS:ADDRESS:
3 Elm StKING ST
TOWN:STATE:ZIP CODE:TOWN:STATE:ZIP CODE:
NORTHAMPTONMA01060NORTHAMPTONMA01060
PHONE NO.:FAX NO.:
PHONE NO.:FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:Surveyor's Name:
STREET NO.:COMPANY NAME:
SITE ZONING:
91 KING ST
CB(100)/
TOWN:ADDRESS:
ACTION TAKEN:
NORTHAMPT0N MA 01060
Approved With Conditions
MAP:BLOCK:LOT:MAP DATE:
SECTION OF BYLAW:
31B192001
156: CENTRAL BUSINESS ARCHITECTURE
TOWN:STATE:ZIP CODE:
REVIEW
Book:Page:
PHONE NO.:FAX NO.:
EMAIL ADDRESS:
NATURE OF PROPOSED WORK:
Demolition of building.
HARDSHIP:
CONDITION OF APPROVAL:
1)Two landscaped islands shall be added to center parking area. At minimum, the dimension of each of
these islands shall be the width of one parking space and the length of two parking spaces (8.5’ x 36’).
2. Four additional street trees shall be planted along the frontage. Trees shall be selected from
Northampton Tree Committee list.
FINDINGS:
The Committee based its approval for the demolition of the structure within the Central Business District based upon the plans submitted
with the application as follows:
1. St. Elizabeth Ann Seton Parish Revised Site Plan Submission, dated March 31, 2011 by The Berkshire Design Group, Inc. Plan Sheets
EX, 1, 2, 3, SL-1B, A1.
The CBAC determined that because the buildings on the church “campus” function as a site, demolition of the building for the purpose of
providing an adequately landscaped parking lot does not detract from the character of downtown. The use is being reconfigured while
maintaining the function/use. Allowing reconfigured parking, facilitates the Churches’ ability to build a new function hall, arguably results
in greater usage and vibrancy of the project site.
Specifically, 156-6(D2c) “In the event elements of the project or the project in its entirety does not meet the above standards, the
Committee can waive some or all of the standards if such waiving will clearly preserve and enhance the pedestrian-scale character,
culture, economy and welfare of downtown Northampton by preserving historic and architecturally valuable buildings and features, and
by encouraging compatible building design.”
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE:MAILING DATE:HEARING CONTINUED DATE:DECISION DRAFT BY:APPEAL DATE:
4/28/20117/7/20108/3/20104/28/2011
REFERRALS IN DATE:HEARING DEADLINE DATE:HEARING CLOSE DATE:FINAL SIGNING BY:APPEAL DEADLINE:
6/30/20109/5/20104/14/20114/28/20115/17/2011
FIRST ADVERTISING DATE:HEARING DATE:VOTING DATE:DECISION DATE:
6/30/20107/14/20104/14/20114/26/2011
SECOND ADVERTISING DATE:HEARING TIME:VOTING DEADLINE:DECISION DEADLINE:
7/7/20107:15 PM5/29/20115/29/2011
MEMBERS PRESENT:VOTE:
Barry Steevesvotes toGrant
GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc.
Planning - DecisionCity of Northampton
Hearing No.:PLN-2011-0001Date: April 26, 2011
Aelan Tierneyvotes toGrant
Bruce Kriviskeyvotes toGrant
Bob Walkervotes toGrant
Joseph Blumenthalvotes toAbstain
MOTION MADE BY:SECONDED BY:VOTE COUNT:DECISION:
Aelan TierneyBarry Steeves4-1Approved with Conditions
MINUTES OF MEETING:
Available in the Office of Planning & Development
I. Carolyn Misch, as agent to the Central Business Architecture Committee, certify that this is a true and accurate decision made by the
Central Business Architecture Committee and certify that a copy of this and all plans have been filed with the Board and the City Clerk on
the date shown above.
I certify that this decision has been mailed to the Owner and Applicant.
_______________________________
Any issuance or denial of a permit by the Committee may be appealed to the Northampton Planning Board, by an applicant or other
aggrieved party, provided such appeal has been filed within 21 days of the filing of said decision with the City Clerk. The Planning Board
shall limit its consideration of such an appeal to considering errors of the Committee and shall need a two-thirds vote of its members to
overturn the action of the Committee.
GeoTMS® 2011 Des Lauriers Municipal Solutions, Inc.
Carolyn Misch
From:Ed Etheredge [Ed@noholaw.com]
Sent:Wednesday, October 13, 2010 10:46 AM
To:Carolyn Misch
Cc:'Michael Talbot'; rwilkcmg@aol.com; Mike Yu Liu; 'JECNJ@aol.com'; Edward Skroski; eileen
sullivan; c whitham
Subject:RE: Church
Hi Carolyn,
We believe that this project reasonably qualifies as exempt under 156-5 (21). It is a split zoned site, next to an
anomaly building, abutting a residential zone, and while replacing a curious building (Christian Life Center) with a parking
lot, the front streetscape is treed and grassed reminiscent of a residential area rather than the commercial parking area
next door at BoA. Even if the Committee chooses not to exercise its discretion to determine that the project is exempt
under Section 5 subparagraph 21, we nonetheless feel that the description of the proposed project meets the approval
criteria in Section 156-6.
There is no written report. The building was inspected (I believe by Ed Skroski and Louis), but no orders were
issued because we did not use the building. It is my understanding that it cannot be occupied without significant repairs.
It is beyond the financial capabilities of the Parish to repair a building that has no use to them (it is inadequately sized and
designed for the proposed uses of the new parish Hall). Such repairs would also trigger the Access regulations and the
cost the repair the building is not feasible when the building is unusable for the purposes proposed by the parish. These
arguments are all within the regulation and without consideration of RLUIPA or the protections afforded the use by the
First Amendment to the Constitution of the United States and the Massachusetts Declaration of Rights each of which
absolutely forbid government intrusion into religion except for protecting compelling governmental interests. If the
committee wishes to defer on this basis, that is also agreeable. Ed
From: Carolyn Misch [mailto:cmisch@northamptonma.gov]
Sent: Friday, October 08, 2010 3:25 PM
To: Ed Etheredge
Subject: Church
I know you won’t be around until Tuesday. Perhaps you could address this then or no later than Thursday!
I still don’t have any written documentation on the condition of the building for the CBAC to review. They have only heard that it is
not ADA compliant. That is one of the criterion by which they evaluate.--- unless you are just pushing for the 156-5(21) exemption?
Thanks,
Carolyn Misch, AICP
Senior Land Use Planner/Permits Manager
City of Northampton
210 Main Street, Room 11
Northampton, MA 01060
(413)587-1287- direct, (413)587-1264 - fax
cmisch@northamptonma.gov
www.northamptonma.gov/opd
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