31A-251 (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,
4/
Edward D. Etheredge
EDE /kap
Enc.
cc: Carolyn Misch, Sr. Planner
client
RECEIVED > `
Etheredge & Steuer, P.C. MAR 1 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.com
WHEATLY R. GULMI- LANDY' wheatly @noholaw.com
Also Admitted in New York j
'Also Admitted in California / J
March 8, 2012
Louis Hasbrouck
Building Commissioner
City of Northampton
212 Main Street
Northam _pton, MA 0.1.060
Re: Zoning Permit Application
Trustees of Smith College
58 Kensington Avenue
72'Kensington Avenue.
Dear Commissioner Hasbrouck;. s
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 UR -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 each home -i - rt 1 ee
family rental unit for the college's faculty and staff. I _ f t c, y
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 ><
IF YES, describe size, type and location:
Are there any proposed changes to or additions of signs intended for the property? YES
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 XCl
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
36000 3 0 0 1 °x
Frontage
• 4c la 0
Setbacks Front S d Q
Side L: 2 3,0 R: 135 L: �3Q R: 35 L: •
Rear 3 30 a0
Building Height
Building Square Footage
Open Space: (lot area c, Ns, op F
minus building it paved oN i 1.10 L A•J\l6re
parking
# of Parking Spaces
2
# of Loading Docks
Fill:
(volume Et location)
13. Certification: I hereby certify that the information contained herein is true and accurate to the best of
my knowledge.
2- 2.3 II, Applicant's Signature
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
„,DECEIVED
Fhb 2 2 2012 /2 re)
File No. - -
DEPT. OF Nr1RjHA BUILDING INSP ; NINE PERMIT APPLICATION ( §10.2)
MP'TON. . ��
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) payable to the
City of Northampton
1. Name of Applicant: 2- UNDO ►K'C�c..
Address: 25 N. M.b'L.� S'1' 2'f Telephone: 413 52:12 "I I 00
2. Owner of Property:1%4+E. - 71.4 - CAE.. S 4 11 t r
Address: (U. • u_ Telephone: 4. - Sas
3. Status of Applicant: Owner Contract Purchaser Lessee Other (explain) Aia.c.14
4. Job Location: C3 1 =1 n VS
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: 4te!_l..i..C” Ctat.P.4tLy t2E�,IL �Y
6. Description of Proposed Use /Work /Project /Occupation: (Use additional sheets if necessary):
NT a. jolt.. tz��l c1.is� x,1.15 '1"a tJ G,n_ ta - iN► l t_ .7
C. i ? ' 1 S opt 1 31 P- - 2. 4ee- St
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 > 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 x 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 -0080
APPLICANT /CONTACT PERSON LAPOINTE PETER
ADDRESS/PHONE 28 NORTH MAPLE ST (413) 582 -9100 O
PROPERTY LOCATION 58 KENSINGTON AVE
MAP 31A PARCEL 251 001 ZONE EU(100)/URC(100)/
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ENCLOSED REQUIRED DATE
ZONING FORM FILLED OUT
Fee Paid 1a 3
Building Permit Filled out
Fee Paid
Typeof Construction: ZPA - CONVERT SINGLE TO THREE 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:
(/Approved 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 Permit 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
3/WI i
Signature of Building Official Date
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.