Loading...
31A-251 (3) 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, E dward D. Etheredge EDE /kap Enc. cc: Carolyn Misch, Sr. Planner client RECEIVED Etheredge Steuer, Pc. k 12 2012 ATTORNEYS AT LAW 64 GOTHIC STREET, SUITE 2 DEPT. OF BUILDING INSPECTIONS NORTHAMPTON, MASSACHUSETTS 01060 NORTHAMPTON, MA 01060 EDWARD D. ETHEREDGE (413) 584 -1600 FAX (413) 585 -8406 SHELLEY STEUER" ed @noholaw.com ss @ noholaw. corn WHEATLY R. GULMI- LANDY• wheatly @noholaw.com 'Also Admitted in New York j/ g Also Admitted in California 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. a i -home into atjaree fpal rental unit for the college's faculty and staff. I 2 ) ! _ A, '' 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.