Appeal of CBAC decisionrLi
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NOTICE OF ZONING APPEAL
MAY - 7 2021 -
Section 5.01.01, Zoning By-Law
G. L. c. 40A section 13 CITY CLERKS OF1<icS
NORTHAMPTOQ. MA(11fQIJi
To: George Kohout, Chair,Northampton Planning Board
Joseph Blumenthal, Vice Chair, CBAC
Carolyn Misch, Senior Planner
Pamela L. Powers, City Clerk
Appellant: O'Connell Hawley LLC
800 Kelly Way
Holyoke, MA 01040
Decision filed April 16, 2021, Central Business Architecture Committee
O'Connell Hawley LLC, the appellant/applicant appeals the Decision of the Central Business
Architecture Committee of April 6, 2021 denying the Applicant's request for demolition of the
building at 10 Hawley Street,Northampton, Massachusetts. The Decision of the Committee was
arbitrary and not in accord with the Ordinance.
Appellant/Applicant
O'Connell Hawley LLC
By:
Edward D. Et edge, i attorney
CERTIFICATE OF NOTICE OF APPEAL
I, Edward D. Etheredge, hereby certify that I served this Notice of Appeal by delivery in
hand on May 7, 2021 to George Kohout, Chair,Northampton Planning Board, Joseph
Blumenthal, Vice Chair, CBAC, Carolyn Misch, Senior Planner, and Pamela L. Powers, City
Clerk all at City Hall, 210 Main Street,Northampton, Massachusetts and by mailing via certified
mail on May 7, 2021 to Pamela L. Powers, City Clerk, at 210 Main Street, Northampton, MA
01060.
dward D. Etheredge,
CITY OF NORTHAMPTON PERMIT DECISION
DATES PROJECT INFORMATION
Submitted 2/3/2021 Owner O'Connell Hawley LLC
r
Holyoke MA 01040
Name/Address 800 Kelly Way
Hearing 2/22/2021 Applicant Name/ MA
Address(if different)
Extension Applicant Contact MWelter@Oconnells.com 413-278-1281
Hearing 4/6/2021 Site Address 10 Hawley St Northampton MA 01060
Closed
Decision 4/6/2021 Site Assessor Map ID 32A-171
Zoning District Central Business
Filed with 4/16/2021 Permit Type Central Business Architecture Permit
Clerk
Appeal 5/7/2021 Project Description Demolish Historic Church to build 5 townhouse units.
Deadline
An appeal of this decision by the Central Business Architecture Committee may be made by any person within 21 days after
the date of the filing of this decision with the City Clerk,as shown.Appeals by any aggrieved party must be pursuant to
Northampton Ordinances Chapter 156 and may be made to the Planning Board with a certified copy of the appeal sent to the
City Clerk of the City of Northampton.
Plan Sheets/Supporting Documents by Map ID:
1. Kuhn Riddle Architects Submittal Five Tonwhouses Site Plan, Dated 4/1/21
2. Historic Rehabilitation Memo,VHB,4/5/2021
BOARD MEMBER PRESENT FAVOR OPPOSED ABSTAIN/NO COUNT VOTE TALLY
Favor-Opposed)
Aelan Tierney, Chair El
Joe Blumenthal,Vice
Chair
Bob Walker
Melissa Frydlo
Bridgett Goggins
Pauline Fogel
Emily Wright 1-3 (Voted to
deny the request
for demolition)
APPLICABLE APPRQ AL RI RIA ARD FINDINGS ;/
GUIDELINES i
156—Demolition of The Committee evaluated the following required criteria to approve demolition:
Historic Structures 1) All reasonable alternatives have been fully considered AND
pg. 1
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CITY OF NORTHAMPTON PERMIT DECISION
2) The building is either unusable or functionally &structurally obsolete AND
3) A new building has been designed to replace the building to be demolished
Three of the four members of the Committee voted to deny the request for
demolition upon finding that all three criteria had not been met. The three members
carrying the voted determined that not enough detail had been presented for the
proposed new townhouse units to be able to approve a replacement building design.
In the vote, members noted that with adequate detail for the replacement building
that meets the criteria for new construction within the Central Business District, they
could have made a different determination.
Minutes Available at WWW.NorthamptonMa.Gov
I, Carolyn Misch, as agent to the Central Business Architecture Committee certify that this is an accurate and true
decision made by the Central Business Architecture Committee and certify that a copy of this and all plans have been
filed with the Committee and the City Clerk and that a copy of this decision has been mailed to the Owner,Applicant.
611/
pg. 2