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32A-255 (52) Northampton Zoning Board of Appeals April 25 , 1988 The Northampton Zoning Board of Appeals met at 5: 30 p. m. 'on April 25, 1988 in Room 18 of City Hall to render a decision on the Application of Hotel Northampton Condominium Trust for a Finding under the Provisions of Section 9. 3 (b) , Page 9-2 that the proposed use of a section of land in the Neighborhood Business Zone for access to a CB Zone will not be substantially more detrimental to the neighborhood than the existing use; all in conjunction with the construction of the proposed "Northampton Plaza" at property located at 36 King Street, Northampton, MA (more particularly identified as Parcels 238 , 309 , and 254, 255 respectively of Sheets No. 31B and 32A of the Assessor' s Maps) . Present and voting were Chairman Robert C. Buscher, William Brandt, and Irene David. Mr. Brandt stated that the intended use is for the purpose of egress from the hotel (CB Zone) over a lot in the NB District. The lot in question is currently used for access to the rear parking lot; the proposed use is not substantially different, and therefore not substantially more detrimental. Mrs. David agreed, stating that the proposed arrangement would be safer. Ch. Buscher concurred with his two colleagues. He felt that by making the current driveway ( just North of and adjacent to the Hotel) "In" only, as an entrance to the vehicular lobby, and by making the proposed driveway "Out" only, public safety and traffic flow improve. Mr. Brandt moved that the Board issue a Finding that the proposed use will not be substantially more detrimental to the neighborhood than the existing use. Mrs. David seconded and the motion passed unanimously. Ch. Buscher added that there had been much discussion over the past year of what he called "linkage items, " i.e. , requests and promises made relative to such things as affordable housing, daycare, etc. which could have been added as conditions to the decisions granted tonight, but he chose not to, since so many things were beyond the control of the Applicants, but he did expect that "all due effort will be taken to keep the promises. " Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman MAY I igRR C[ 1 Lamm G Ot��3'ECilatas I +� DECISION OF ,,a•oioa 1i NORTHAMPTON ZONING BOARD OF APPEALS "... i i I i I i A I i At a meeting held on April 25 , 1988, the Zoning Board of Appeals of the City of Northampton voted unanimously to + issue a Finding at the request of HOTEL NORTHAMPTON CONDOMINIUM TRUST under the Provisions of Section 9 . 3 (b) of ' the Zoning Ordinance of the City of Northampton, that the i! proposed use of a section of land in the Neighborhood Business Zone for access to the proposed hotel in the Central Business Zone will not be substantially more �i detrimental to the neighborhood than the current use, all in conjunction with the construction of the proposed "Northampton Plaza" at property located at 36 King Street, j! Northampton, MA (more particularly identified as Parcels 238 , 309, and 254, 255 respectively of Sheets No. 31B and 32A of the Assessor' s Maps) . Present and voting were i Chairman Robert C. Buscher, William Brandt, and Irene David. The Findings were as follows: The proposed use is for the purpose of egress from the hotel in the CB Zone over a strip of land in the NB Zone. The current use of this strip of land is as access to a parking lot at the rear of the hotel. The proposed use is 1' not substantially different than the current use, and therefore not substantially more detrimental to the neighborhood. Robert C. Buscher, Chairman i I i illiam Brafidt Ii Irene David Northampton Zoning Board of Appeals April 20, 1988 Page Three all the latest changes, and Atty. Gervais told him they were available in the Office of Planning and Development, and he could get one to him in a day. Mrs. David asked for more information on the housing units, and was told by Atty. Gervais that, of the 38 units, six were handicap accessible, and four of those six had been committed to the Housing Authority. The housing units all have two bedrooms. Ch. Buscher asked for proponents to speak, and the following people were heard from: City Councilor Paul Bixby felt the overall benefit to the city was very positive. Tom Hennessey, 28 Roe Avenue, representing the Chamber of Commerce, spoke very highly of the Rostoffs, and said the Chamber was very much in favor of the project. Jim McCruskie, N. Maple St. , Florence, saw the project as being very beneficial to the quality of life in Northampton. William Brandt, Board Member, commended the Hotel people for "bending over backwards" and for having "done a fine job. " Ch. Buscher asked for opponents, and Mr. James Brooks delivered to Ch. Buscher "a letter from Mr. Kirby. " No one else spoke. Ch. Buscher brought up the "linkage issue," and "promises made," and asked Atty. Gervais if he "had any problems with the promises that had been made by the Hotel people along the way." Atty. Gervais replied that he did not, and said that part of the UDAG Application is a commitment letter signed by the Rostoffs, reaffirming their pledges to support affordable housing, daycare, etc. Ch. Buscher asked Atty. Gervais about time constraints, and was told that there were two main ones - the August 15th deadline to get the sewer work done, and a requirement of HUD that all local approvals be received by May 15th. "A quick decision from the Board will be appreciated," Atty. Gervais added. Messrs. Buscher and Brandt agreed we must move quickly. Ch. Buscher asked to see the UDAG Application, and specifically the commitment letter, and to see one of the new project books. Mr. Brandt moved the Public Hearing be closed, and that the Board reconvene at 5 p. m. Monday, April 25 to render a decision. Mrs. David seconded, and the motion passed unanimously. The meeting adjourned at 10:05. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman Northampton Zoning Board of Appeals April 20, 1988 Page Two history of the project and the various formats it had taken, and answered questions from the Board and the floor. Mr. Frank Elliott, Architect for the project, showed many architectural renderings of the project, pointing out specifically how the above-ground portion of the project had "shrunk" from the original proposal, described the "vehicular lobby, " the architectural treatment of the Gothic Street side of the building, and the components of each of the five floors of the project. Mr. Brandt questioned the effect of additional traffic generated by the hotel, and Mr. Elliott said the Hotel had hired HMM Associates, a traffic consulting firm, to do a study. Their metered counts, observations and professional judgement indicated that in the peak morning traffic hours, ( 6: 45-9:45 ) traffic would increase by 20, and in the afternoon peak ( 3 : 45-6:45) traffic would increase by 4-50. They also suggested several "mitigating factors, " where present traffic flow could be vastly improved by taking minor corrective measures, this information having been forwarded to the DPW. Mrs. David said that "underground garages bother me," and was concerned about soil conditions, "safeness and soundness." Mr. Elliott explained that test borings had been done, and the engineering plan was to build a 2 1/2-3 ' thick "concrete boat," which will not settle, and upon which the entire project would rest.Mrs. David asked about sewer diversion, and Mr. Elliott explained where the sanitary sewer and storm sewer lines would be re-routed. He pointed out that "time is of the essence," since King Street will be repaved to a point North of the Hotel by August 15th, and the sewer relocation must be completed by then, since once a new road is built, the State will not allow excavation of it for five years. Atty. Gervais went into a discussion of the statutory requirements for "use" Variances and "dimensional" Variances. He said, " The law is easier on dimensional Variances, and the Hotel is not asking for any use Variances. " He felt the property is unique within the terms of the statute, and all the dimensional Variances are a result of this uniqueness. He felt the Variances, if granted, would benefit the public good and would not derogate from the intent and purpose of the Ordinance. On the one Special Permit being sought, (adding hotel rooms in the CB District) hotel rooms are listed in the Table of Use Regulations as allowable, and there would be no overload of municipal systems, no undue traffic congestion, and a positive relationship to the public good. Ch. Buscher asked if there were "new books" on the project with Northampton Zoning Board of Appeals April 20, 1988 The Northampton Zoning Board of Appeals met at 6:05 p. m. on April 20, 1988 in Council Chambers, Wallace J. Puchalski Municipal Building, to conduct Public Hearings on the following Applications -of Hotel Northampton Condominium Trust for relief from the following Provisions of the Zoning Ordinance of the City of Northampton: 1) Special Permit under the Provisions of Section 5. 2, Page 5-9, to allow construction of new hotel rooms adjacent to the existing Hotel Northampton. 2) Variance, Section VIII, - Page 8-1, re: dimensions of parking spaces as required by said Section. 3 ) Variance, Section 6.2, Page 6-4, from the maximum Floor Area Ratio requirement as it relates to buildings within the Central Business Zone. 4) Variance, Section 6.2, Page 6-4, from the 15 ' minimum rear setback. 5) Variance, Section 6. 2, Page 6-4, from the 55 ' height restriction. 6) Finding under Section 9. 3B, Page 9-2 that the proposed use of a section of the NB Zone for access to a CB Zone will not be substantially more detrimental to the neighborhood than the existing use. All requests are in conjunction with the construction of the proposed "Northampton Plaza," to include additional hotel rooms, conference facilities, retail office space, privately-owned dwelling units, public areas and parking garage, per plans submitted, all at property located at 36 King Street, Northampton, MA (more particularly identified as Parcels 238, 309 and 254,255 respectively of Sheets No. 31B and 32A of the Assessor' s Maps) . Present were Chairman Robert C. Buscher, Dr. Peter Laband, and M. Sanford Weil, Jr. Scheduled to sit, however, were Ch. Buscher, Irene David and William Brandt. Mrs. David, an Officer of the Florence Savings Bank, was detained by Bank business and unable to be present until later in the evening. Dr. Laband moved the Public Hearing be continued until 7:30 p. m. , Mr. Weil seconded, and the Motion passed unanimously. At 8: 45 p. m. , the Public Hearing was reconvened. Present and voting were Ch. Buscher, William Brandt, and Irene David. Ch. Buscher read the Legal Notice as published twice in the Daily Hampshire Gazette, and stated that at the April 6th Public Hearing, the attorney for the Applicant requested a continuance until tonight. He read six memoranda from the Planning Board indicating that the six Applications under consideration were all recommended for approval by the Zoning Board without one negative vote. Atty. Eric B. Gervais appeared for the Applicant, gave a brief Northampton Zoning Board of Appeals April 25, 1988 The Northampton Zoning Board of Appeals met at 5 :05 p. m. on April 25, 1988 in Room 18 of City Hall to render a decision on the Application of Hotel Northampton Condominium Trust for a Special Permit under the Provisions of Section 5. 2, Page 5-9, to allow construction of new hotel rooms adjacent to the existing Hotel Northampton, 36 King Street, Northampton, MA (more particularly identified as Parcels 238, 309, and 254, 255 respectively of Sheets No. 31B and 32A of the Assessor' s Maps) . Present and voting were Chairman Robert C. Buscher, William Brandt, and Irene David. Mr. Brandt stated that the use requested is listed in the Table of Use Regulations as requiring a Special Permit; that the use requested bears a positive relationship to the public convenience or welfare, in that the additional hotel rooms will generate more visitors to Northampton, whose spending will have a positive effect on the local economy; that the increased size and use of the hotel will certainly generate additional traffic, but according to traffic studies will not create undue traffic congestion, nor will it unduly impair pedestrian safety; that the requested use does not overload any municipal systems, but in fact will have a positive effect in that the 48" sanitary sewer line which currently runs beneath the hotel will be relocated to King Street where it will be easier to get at; that Article XI does not apply; and that the requested use will not impair the character of the district and is in harmony with the intent of the Ordinance. Mrs. David said she would vote in favor. She felt that the current hotel needs upgrading, and all the amenities in the construction plans would make it an outstanding asset to downtown Northampton. Ch. Buscher concurred with his two colleagues. He felt that increasing the number of hotel rooms adds to the viability of the hotel, and that it is important to have hotel space downtown, and not at the perimeter of the city. Mr. Brandt moved that the Special Permit be granted. Mrs. David seconded and the motion passed unanimously. Also present, in addition to those mentioned, was R. J. Pascucci, Board Secretary. Robert C. Buscher, Chairman i HOTEL NORTHAMPTON CONDOMINIUM TRUST DECISION, PAGE TWO i The requested use will not impair the character of the I' district and is in harmony with the intent of the Ordinance. i ; i l i Robert C. Buscher, Chairman i E i; William Brandt Irene David 1 ; ii I i I'. �I f! �i #i ii i' i I jI� I l f i I i DECISION OF + NORTHAMPTON ZONING BOARD OF APPEALS I i i, i �! At a meeting held on April 25, 1988 , the Zoning Board of I i; Appeals of the City of Northampton voted unanimously to GRANT the Special Permitrequest of HOTEL NORTHAMPTON CONDOMINIUM TRUST under the Provisions of Section 5.2 of the Zoning Ordinance of the City of Northampton, to allow construction of new hotel rooms adjacent to the existing 1 Hotel Northampton in the Central Business District, in conjunction with the construction of the ro osed "Northampton Plaza" at p p p property located at 36 King i Street, Northampton, MA (more particularly identified as Parcels 238, 309, and 254, 255 respectively of Sheets No. 31B and 32A of the Assessor' s Maps) . Present and voting were Chairman Robert C. Buscher, William Brandt, and Irene 1 David. ti The Findings were as follows: is The use requested is listed in the Table of Use Regulations as requiring a Special Permit. The use requested bears a positive relationship to the I public convenience or welfare, in that the additional hotel rooms will generate more visitors to Northampton, whose ri spending will have a positive effect on the local economy. M That the increased size and use of the hotel will certainly generate additional traffic, but according to traffic studies will not create undue traffic congestion, j nor will it unduly impair pedestrian safety. i. �i The requested use does not overload any municipal i' systems, and in fact will have a positive effect in that the 48" sanitary sewer line which currently runs beneath the hotel will be relocated to King Street where it will be I easier to get at. I .... , . . JUL 2 9 i,; ° � s W Northampton Zoning Board of Appeals f'F St11I DING INSPi-CTIONS IN Decision - Rostoff, Inc. -m Page 2 ; by land not available at an affordable price; that the existing parking area, which takes up most of the land, is necessary for the proper functioning of the Hotel for both guests and function activities ; that the addition of a sixth floor will not be detrimental to the neighborhood or the City at large, as the plans attempt to minimize the affect of a sixth floor, and because there will be only slight visible impact. He noted that the information supplied by the architect indicates that the ultimate height of the proposed addition to the top of the elevator towers is approximately 90 feet. Referrinq to the request for a Finding, Mr. Buscher found that as the requested expansion of the shed is parallel to the existing structure, it will not be more detrimental. . The following conditions shall apply: 1. That the Building Inspector shall issue no Building Permit until an engineering study has been submitted (to his satisfaction) that ensures the addition of a swimming pool to the sixth story will be structurally safe. 2. That the building shall not exceed the height as shown on the architect ' s drawing submitted to this Board by more than 5% measured from the existing surface of the driveway at the immediate northeasterly corner of the Hotel. Robert C. uscher, Chairman r Peter Laband Cle;k's - r•rt,� 5. , W". Sanford M. -Weil, Jr. Date Time_L � �� CERTIFICATE OF CITY CLERK July 29 , 1988 I , Adeline Murray, City Clerk of the City of Northampton, hereby certify that the above Decision of the Northampton Zoning Board of Appeals was filed in the Office of the City Clerk on July 9 , 1987 , that twenty days have elapsed since such filing and that no appeal as been file in this matter. Attest City Clerk City of Northam ton 1 , JUL 2 91988 �k DECISION OF DEPT.of Btar NG INSPECTIONS p ot4,Wk ol000 Z NING BOARD OF APPEALS At a meeting held on June 24 , 1987 , the Zoning Board of Appeals of the City of Northampton voted unanimously to rant the Finding and Variance requests of Rostoff , Inc. , c/o ote Northampton, 36 King Street, Northampton, MA for the purpose of addinq a sixth story to an existing five-story building which will violate the permitted height and number of stories and to extend a nonconforming outbuilding at property located at 36 Kina Street, Northampton. Present and voting were: Chairman Robert C. Buscher, Peter Laband and Sanford Weil, Jr. P. Laband, referring to the request for a Finding to expand a storage shed in the rear of the building, found that as there is no vehicular traffic in that area and as the design is in keepinq with that of the Hotel, the requested expansion would not be more detrimental than the existing nonconformity. Referrinq to the request for a Variance for the roof addition, P. Laband found that the shape of the structure and its location on the lot is unique; that the Hotel Northampton is the only central downtown hotel and the City has expressed interest in it continuing as a viable concern; that because of its uniqueness and in spite of repeated efforts to create a viable business , the Hotel remains in financial difficulties, and therefore, a literal enforcement of the Ordinance nr.ohibitinq the added amenities would involve a hardship both to the owners and to the citizens of Northampton; that relief can be aranted without substantial hardship to the public good, as the addition will not create a visible blockage for any other landmarks in Northampton, is tastefully designed and not overwhelmina; that relief can be granted without nullifying from the intent of the ordinance, as the intent of the Ordinance is to create a visual harmony within the City and to prevent the construction of a skyscraper. S. Weil, referring to the request for a Finding, found that the expansion of the shed will be advantageous to the Hotel and patrons of the Hotel. Referring to the request for a Variance, Mr. Weil concurred that the building and the shape of the property are unique and that the hardship issue has been addressed by the applicants ' representative. He found that the existing space used for parkina is necessary for the viability of the Hotel, and therefore, is not available for any expansion; and that the addition of a sixth floor will not tower above the surrounding buildinqs, will blend in with the City' s ambience and will be advantageous to the public. , R. Buscher found that a unique situation exists , as the Hotel cannot effectively compete in the current market because of its age and style ; that this lot is closely encroached upon ;fi THE COMMONWEALTH OF MASSACHUSETTS ` NORTHAMPTON City or Town BOARD OF APPEALS rp6n Date: May 3 , 19 88 ;s;r. co Certificate of Granting of Variance or Special Permit (General Laws Chapter 40A, Section 11) The Board of appeals of the City or Town of Northampton hereby certifies that a YRKRY"r Special Permit has been granted To Hotel Northampton Condominium Trust Address 36 King St. City or Town Northampton, MA 01060 affecting the rights of the owner with respect to land or buildings at 36 King St. And the said Board of Appeals further certifies that the decision attached hereto is a true and correct copy of its decision granting said variance — special permit, and that copies of said decision, and of all plans referred to in the decision, have been filed with the planning board and the city or town clerk. The Board of Appeals also calls to the attention of the owner or applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex- tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the town or city clerk that twenty days have elapsed after the decision has been filed in the office of the city or town clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor- ding or registering shall be paid by the owner or applicant. irman Clerk FORM 1094 HOBBS &WARREN. INC.. REVISEO 1978