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31A-250 (2) March 8, 2012 Page 2 of the Holy Cross of Mass. v. Brookline, 347 Mass. 486, 492 -494 where the court struck down the application of dimensional requirements of single family houses to college facilities. Here, providing available housing to junior faculty and staff that is "usable" is within the educational powers of the institution. The proposed use is not only allowed by right in the zoning district, but related to the college's purpose. The only zoning issue is the dimensional regulations relating to more than one residential structure on a single lot. Since the ownership is common, the dimensional requirements, all met by the merged lot, would be unreasonable as applied to the proposed project for an educational use. The college is agreeable to a condition in the ZPA and Building Permit to confirm the related educational use as follows: "No unit may be rented or occupied by other than an employee of Smith College." I would propose that the college be required to record a Notice of Restriction in the Registry of Deeds similarly restricting the use. That Notice would be effective unless and until the college obtained any zoning relief. The restriction would also be noted on the Certificate of Occupancy. I appreciate your efforts in reviewing the application. If you have any questions, give me a call. Very truly yours, • Edward D. Etheredge EDE/kap Enc. cc: Carolyn Misch, Sr. Planner client RECEIVED . '; Etheredge & Steuer, r.c. i" I 22012 ATTORNEYS AT LAW 64 GOTHIC STREET, SUITE 2 SEPT. OF BUILDING INSPECTIONS NORTHAMPTON, MASSACHUSETTS 01060 NORTHAMPTON, MAOt060 EDWARD D. ETHEREDGE (413) 584 -1600 FAX (413) 585 -8406 SHELLEY STEUER" ed@noholaw.com ss@noholaw.com WHEATLY R. GULMI- LANDY• wheatly @noholaw. corn "Also Admitted in New York G-/ ,, 'Also Admitted in California p( / � ^/, V -. March 8, 2012 Louis Hasbrouck Building Commissioner City of Northampton 212 Main Street Northampton, MA 01060 Re: Zoning Permit Application Trustees of Smith College 58 Kensington Avenue 72'Kensington Avenue. Dear Commissioner Hasbrouck: I represent the Trustees of Smith College (the "college "), owner of the properties at 58 and 72 Kensington Avenue. Both properties are located in the URC -C zoning district. The college has proposed a renovation of the two single family homes, restoring the exterior, insulating and renovating the interior and converting jac.h home into.. rce family rental unit for the college's faculty and staff.' i — 2 f rvN (L i -3 f Arni c ; , Three family dwellings are allowed in the URC zoning district. The lots that both houses occupy are held in common ownership and by the doctrine of merger occupy a single lot. The applications show no exterior changes to the buildings affecting any setbacks or elevations, other than reconfigured driveways and parking areas to support the parking required for each unit Under the analysis in Radcliffe College v. City of Cambridge, 350 Mass. 613 (1966); and Trustees of Tufts College v. City of Medford, 415 Mass. 753 (1993), the court recognized parking as "within the, broad scope.of•the educational powers of the institution just as is the feeding. and housing of such personnel." Radcliffe at 618. See also Sisters - While the college, offers a second mortgage loan program to new faculty and senior administrative staff, it is often insufficient for new faculty to obtain housing in Northampton. These properties have long been used for faculty and staff rental, but the size (eight bedrooms) and lack of insulation makes them unattractive to faculty and staff for both the high utility costs and the unfavorable tax consequences. The houses are presently unoccupied. 10. Do any signs exist on the property? YES NO x IF YES, describe 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. Will the construction activity disturb (clearing, grading, excavation, or filling) over 1 acre or is it part of a common plan of development that will disturb over 1 acre? YES NO 'X IF YES, then a Northampton Storm Water Management Permit from the DPW is required. 12. ALL INFORMATION MUST BE COMPLETED, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION This column reserved for use by the Building Department EXISTING PROPOSED REQUIRED BY ZONING Lot Size 4 4 . 444 1,2, 000 Frontage 6•s 0 Setbacks Front 2a 2.0 62 Side L: ($ R: 5 L: s R: 5 L: /5 R: Rear 50 5o 0 Building Height 30 3 0 Building Square Footage J410 14) o % Open Space: (lot area minus building ft paved S°7.0 5470 /o parking # of Parking Spaces Z `}- # of Loading Docks O Q Fill: (volume & location) t7 D 13. Certification: I hereby certify that the information contained herein is true and acc rate to the best of my knowledge. Date: 2 ' 1 2-' 12_ Applicant's Signature PP g NOTE: Issuance of a zoning permit does not relieve an applicant's burden to comply with all zoning requirements and obtain all required permits from the Board of Health, Conservation Commission, Historic and Architectural Boards, Department of Public Works and other applicable permit granting authorities. W:\ Documents \FORMS\ original\ Building- Inspector\Zoning- Permit- Application- passive.doc 8/4/2004 ►' RECEIVED FEB n. 2 2 2012 File No. MP ld ` 2 ° ' ! G PERMIT APPLICATION (!io.2) Please type or print all information and return this form to the Building Inspector's Office with the $15 filing fee (check or money order) payab to t City of Northampton 1. Name of Applicant: 1 2 LM:4'a ATE- Address: 2Z 14 tkePt...S. 41 Telephone: 413 52,2. °1 I 0 tJ 2. Owner of Property:114E - TILL) , S1 S of. - T11.e. Sri Inn CA LA-F- r Address: (2C. (146r 5112-fgs �.1�0 -' 1 rAfr t'4& Telephone: del 3 • - 2 3. Status of Applicant: Owner Contract Purchaser Lessee Other (explain) Ata.ct1 t -r 4. Job Location: '4- 2 -)' OS Parcel Id: Zoning Map# Parcel# District(s): In Elm Street District In Central Business District (TO BE FILLED IN BY THE BUILDING DEPARTMENT) 5. Existing Use of Structure /Property: IN lir1 P ILy £c6t c 6. Description of Proposed Use /Work /Project /Occupation: (Use additional sheets if necessary): s11: w _ 7. Attached Plans: Sketch Plan Site Plan X Engineered /Surveyed Plans 8. Has a Special Permit /Variance /Finding ever been issued for /on the site? NO )4 DON'T KNOW YES IF YES, date issued: IF YES: Was the permit recorded at the Registry of Deeds? NO DON'T KNOW YES IF YES: enter Book Page and /or Document # 9.Does the site contain a brook, body of water or wetlands? NO >4. 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) W:\ Documents\ FORMS\ original\ Building- Inspector\Zoning- Permit- Application- passive.doc 8/4/2004 File # MP- 2012 -0079 APPLICANT /CONTACT PERSON LAPOINTE PETER ADDRESS/PHONE 28 NORTH MAPLE ST (413) 582 -9100 Q PROPERTY LOCATION 72 DRYADS GREEN ST MAP 31A PARCEL 250 001 ZONE EU(100)/URB(97)/URC(3)/ THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT p out Fee Paid /615 Building Permit Filled out Fee Paid Typeof Construction: ZPA - CONVERT SINGLE TO TWO FAMILY New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/ Statement or License 3 sets of Plans / Plot Plan THE FOLLOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION BASED ON INFORMATION PRESENTED: _z4proved Additional permits required (see below) PLANNING BOARD PERMIT REQUIRED UNDER : § Intermediate Project : Site Plan AND /OR Special Permit with Site Plan Major Project: Site Plan AND /OR Special Peiinut with Site Plan ZONING BOARD PERMIT REQUIRED UNDER: § Finding Special Permit Variance* 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 Permit from CB Architecture Committee Permit from Elm Street Commission Permit DPW Storm Water Management c2 12-- of Building Official Date r Signature g 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. * Variances are granted only to those applicants who meet the strict standards of MGL 40A. Contact the Office of Planning & Development for more information.