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bookbinderJune 9th, 2021 Sarah Rose Bookbinder Goldstein and Max Weider 88 Grove Ave Leeds, MA 01053 Rose.Bookbinder@gmail.com Zoning Board of Appeals c/o Carolyn Misch, AICP, Senior Land Use Planner &Permits Manager City of Northampton – City Hall 210 Main Street, Rm 11, Northampton, MA 01060 Subj: Appeal of the Building Commissioner ’s Decision by Pat Melnik Sr, Trustee of Beaver Brook Nominee Trust & Raul and Farah Matta that a lot is not a building lot end of Grove Ave, Leeds, Map ID 5-12 Dear Board Members, As someone who grew up on Grove Avenue and now the current owner of the house at 88 Grove Avenue with my mother, Amy Bookbinder and thus anabutters to the Melnik parcel (Map ID 050-12), I am writing to request that you uphold the Building Commissioner ’s decision that the land is not a buildable lot. While I understand there is a need for new housing in Northampton and that one house might not seem significant but the implications of overturning this decision will have larger impacts. It could: 1.Change past practice in the city allowing the end of a street to be considered adequate frontage, thus jeopardizing safety 2.Open the door to a large subdivision of up to 18 houses when Grove Avenue currently only has 15 houses. 3.Put more strain on the local vernal pools which the conservation commission deemed have endangered species nesting in them (wood turtle and spotted salamander) 4.Put bikers and walkers at risk and drastically change the bike path’s current orientation 5.Allow for paper roads from over one hundreds of years ago constitute frontage which could create harmful past practice law. I also strongly believe that the building commissioner was correct in his determination that the lot is not buildable and in fact the property is listed as an undeveloped lot with an assessed value of $6,800 dollars. I believe the building commissioner was correct for the following reasons: 1.Past practice is clear in Northampton that the “butt end” of a dead end road does not constitute frontage 2.The frontage they claim they have is 37 feet from the actual improved way of Grove Avenue. The paved part that does abut their property is the bike path and not an improved way. 3.In 2011 Hampshire County Superior Court ordered and adjudged that “Grove Avenue, Northampton, Massachusetts is a public way for its entire length to the point where it abuts the property now owned by the Beaver Brook Nominee Trust.” Thus,the court order specifies where the public way terminates and does not create a public way beyond this point. Their property is 37 feet from this location.This also means that the road CANNOT be extended beyond its current location. 4.The paper road they claim gives them frontage is from 1908 and there is land that is owned all around the paper road which according to Carolyn Misch, at the last board meeting when this case was discussed, said that makes the paper road null and thus does not constitute frontage. Again, I hope that you will uphold the building commissioners decision and not overturn his decision. Thanks for your work on the board and for contributing to the city of Northampton. Sincerely, Rose Bookbinder Goldstein BELOW is an image taken last week. The “M” is the Melnik property which is located on the bike path. The “R” next to the car is where the improved way or end of Grove Avenue and where the court ordered is the official end of Grove Avenue. It is 37 feet from the applicants property.