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32A-255 (147) L r. Capers found that , while there has been much discussion about the sentiment attached to the hotel and its survival as an economic unit , the Board must determine whether the proposed use would be sub- stantially more detrimental to the neighborhood than the present use - whether it would generate more traffic, impose a burden on public facilities , have any adverse effects on the district, and whether it bears a positive relationship to the public convenience or welfare. He found that the requested use is in harmony with the previous use and with the surrounding district, in that it is not a radical depar- ture from its former use as a place of lodging; that the historical nature of the building has been given Proper consideration in view of the fact that the lobby and excterior of the building will remain unchanged; that the proposed use would have less impact on public facilities than the previous use; and that, while King Street is a busy street , it has handled the traffic generated by the hotel in the past , and the amole off-street parking area and the Gothic Street entrance to the parkina area, should provide a smooth flow of traffic. Thus it would seern that the proposed project would not be more detri- mental than the previous use. Based on the above findings, the Board then voted unanimously to grant the special permit , subject to the five conditions recommended by the Chairman . The meeting was adjourned at 6:55 PM. Present , in addition to the Board members , were Eric Gross , Clare Fennessey, Clerk, represen- tatives of the news media, and several interested citizens. G vais Chairman 3 - an excess of available parkins: space. All of the proposed apartments exceed the minimum square footage requirements of the ZZoning+ Ordinance and, as stated earlier, every other existing use within the structure presently conforms to the Zoninq Ordinance. Notwithstanding what I have rreviously said, I am particularly concerned that the petitioner has yet to receive a firm financing commitment nor has he prepared and submitted final plans. Obviously, the latter are not merely procedural steps , but are substantive ones , which, if not obtained within a reasonable time, will not only pro- hibit this development but may inhibit others who view the hotel as a developable property. Therefore, I recommend that the following conditions be imposed: (1) that apartments be limited to the second, third, fourth and fifth floors , and that there be no more than six apartments on any one floor; ( 2) that the petitioner submit to the Board for its approval a final design plan showing the square footage, layout and number of apartments on each floor as well as proposed common areas , the parking areas , and a lighting plan for the parking areas within ninety days of the date of the expiration of the applicable appeal period from this decision, but in any event, prior to construction; ( 3) that the petitioner provide the Board with a letter evidencing a financing commitment signed by the lender within ninety days from the date of the expiration of the applicable appeal period from this decision, but in any event, prior to con- struction; (4) that substantial construction be commenced within sip: months from the date of the expiration of the applicable anneal period from this decision , and that construction be completed upon a floor by floor schedule; and (5 ) that a performance bond be submitted to and approved by the Board for the benefit of the City of Northampton in an amount equal to the projected construction costs of the fluor then under construction , that the progress of the construction be reviewed by the Board, and the amount of the bond be adjusted from time to time so as to reflect the amount of construction completed and the amount to be completed. Mr. Buscher found that the Board ' s approval is governed by Section 9.3 of the Zoninq Ordinance, and that conversion of the hotel into condominium use would be less detrimental than the existing use, in that the proposed use would be less intensive, and a deteriorating property would be improved. However , if the project was started and not finished , or if the work was not begun at all , the building, the uses of which are limited, would become a detriment to the City. He agreed with the conditions proposed by the Chairman. - 2 - GRA/vrtp q NORT11AYIPTOT BOARD OF APPEALS S�s_ Sc� Decision on Application of Eric Gross (Hotel Northampton) April 23 , 1980 The Board of Appeals met in the Council Chambers at 6: 30 Fi,l, April 23 , 10- E0 , to decide on Eric Gross ' petition to convert the Hotel Northampton to condominium use. Present and voting wore Eric B. Gervais , Chairman , Raymond Capers and Robert Buscher , Associates. The minutes of the public hearing, held on April 9, were approved. Reading of the minutes was waived. It was noted that the Board had visited the site. A motion was made and seconded to vote on the matter. Mr. Gervais ' findings are as follows: This petition is brought pursuant to Section 9.3 of the Zoning Ordinance , which provides , in part , that pre-existing, non-conforming uses may be extended or altered provided that no such extension or alteration shall be permitted unless there is a finding by the permit granting authority that such extension or alteration shall not be substantially more detrimental than the existing non-confori-ning use. The structure relating to this petition contains various uses , all of which are permitted within the central business district, except the present residential hotel use. Therefore, the only question before the Board is whether or not apartment units within the hotel structure will be substantially more detrimental to the neighborhood than the present residential hotel use. At the public hearing, the majority of the speakers were in favor of the proposed use, citing the need for more downtown dwelling units and the need for rejuvenation of the hotel structure itself . The evidence presented indicated that there exists a waiting list for these units and the desire of individuals to live within the dcumtown area. The public demand for these units speaks well for the City of Northampton and for the efforts of downtown business to provide an attractive atmosphere within which to live as well as to shop. On the other hand, there was virtually no evidence presented at the hearing relating to any aspect of this proposal which would lead to the conclusion that apartments would be more detrimental than hotel room use. Many factors have contributed to the lack of patronage of the hotel . I do not believe that it is the responsibility of the Board to evaluate them in light of the present proposal . However , lack of attention, up-keep and investment have rendered an active historical attraction of this City an unused and slowly deteriorating museum. It is clear that such deterioration will continue and it is my opinion that this proposal will. not be substantially more detrimental than the existing use, but to the contrary, will revitalize the structure , attract business , and will be a part of a continuing effort of many people to make Northampton a unique City within which to live. The site and structure are eAsily adaptable to this proposal . There is i r -2- period from this decision and that construction be completed upon a floor by floor schedule; and 5. that a performance bond be submitted to and approved by the Board for the benefit of the City of Northampton in an amount equal to the projected construction costs of the floor then under construction, that the progress of the construction be reviewed by the Board, and that the amount of the bond be adjusted from time to time so as to reflect the amount of construction completed and the amount to be completed. i ` E . G 'VAIS, CHAIRMAN ROBERT BUSCHER RAYMOND CAPERS i i I I i I I I I c;l_-3 7 3/ B-- X38 DECISION OF THE ZONING BOARD OF APPEALS At its meeting on April 23, 1980, the Zoning Board of Appeals for the City;, of Northampton voted unanimously to grant the petition of Eric Gross for a special permit to convert the Hotel Northampton to condominium use. Based upon the evidence presented to the Board, the Board made the follow- ing findings in regard to the special permit: 1. That the petition was brought pursuant to Section 9.3 of the Zoning Ordinance. 2. That the structure relating to this petition contains various uses, all of which are permitted within the central business district, except the present residential hotel use. 3. That the proposed use will not be more detrimental to the building than the present existing use. 4. That the proposed use will revitalize the structure, attract business, and is easily adaptable to the structure. ! 5. That the proposed use will not increase traffic congestion in the area and that there is ample off street parking. 6. That the proposed use will not impair the character or in- tegrity of the neighborhood as the requested use is not a radical departure from the building's former use as a place of lodging. ! 7. That the proposed use will not impair the historical nature of the building as the lobby and exterior of the building will remain unchanged. The special permit is however, granted subject to the following conditions:; 1. That the apartments be limited to the second, third, fourth and fifth floors, and that there be no more than six apart- ments on any one floor; 2. that the petitioner submit to the Board for its approval a final design plan showing the square footage, layout and number of apartments on each floor as well as proposed com- mon areas, the parking areas, and a lighting plan for the parking areas within ninety days of the date of the expira- tion of the applicable appeal period from this decision, but in any event, prior to construction; 3. that the petitioner provide the Board with a letter evidencing a financing commitment signed by the lender within ninety days from the date of expiration of the applicable appeal period from this decision, but in any event, prior to construction; j 1I � � that substantial construction be commenced within six months from the date of the expiration of the applicable appeal MAY 6 $ DEPT.OF BUILDING I PECTIONS i NORTHAMPTON, .01060