According to the Northampton City Clerk’s Office, on September 4, 2007 Attorney Michael Pill filed an appeal on behalf of Robert G. Curran, Jr., owner of the Round House office building and on September 6 Bruce E. Falby filed an appeal on behalf of the New South Street Limited Partnership (NSSLP), owner of the New South Street apartments.
Curran’s complaint named as defendants the Pioneer Valley Hotel Group, Inc., the city of Northampton and the planning board of Northampton, consisting of the following individuals who are named herein solely in their official capacity: Keith P. Wilson, Kenneth Jodrie, David Wilensky, Jennifer Dieringer, Francis A. Johnson, Stephen Gilson, George M. Kohout, Paul Voss, and George J. Russell.
According to the complaint the Land Court has jurisdiction of this claim under G.L. c. 231A, s. 1 and G.L. c. 185, s. 1(k)
Seeking a Declaratory Judgment, the complaint alleges under Allegations of Fact, item 10. The decision of the defendant Planning Board is one or more of the following:
a) exceeds that Board’s authority;
b) arbitrary or capricious;
c) based on a legally untenable ground;
d) fails to include adequate findings as required by law.
NSSLP’s complaint named as defendants the Pioneer Valley Hotel Group, Inc. and the Planning Board of the city of Northampton, Stephen Gilson, Keith Wilson, Francis Johnson, Jennifer Dieringer, George Kohout, and Kenneth Jodrie, as members of the Northampton Planning Board, Paul Voss, and George Russell, as associate members of the Northampton Planning Board.
According to the complaint, "This Court has jurisdiction over the subject matter of this action pursuant to M.G.L. c. 40A, s. 17, M.G.L. c. 231A, and M.G.L. c. 185, s. 1 (j 1/2)."
NSSLP’s complaint alleges on page one that the decision of the planning board approving the site plan application of the Pioneer Valley Hotel Group, Inc. for a proposed 101-room hotel and associated site development including a parking garage at 260 Main Street in Northampton exceeds the authority of the Planning Board and is arbitrary and capricious. "The Hotel Site Plan fails to satisfy the requirements of Northampton’s Zoning Ordinance. Fails to protect adjoining premises against seriously detrimental uses and, in particular, fails to preserve views, light, and air for the New South Street Apartments facing the proposed hotel and garage; fails to promote the safety of vehicular movement on adjacent streets, in particular, by preventing adequate Fire Department ladder truck and emergency equipment access to New South Street Apartments facing the proposed hotel and garage; and fails to promote a harmonious relationship of structures to existing buildings and other community assets in the area, including the New South Street Apartments."
"Under M.G.L. c. 40, s. 17, abutter NSSLP is a party aggrieved by the Decision and is entitled to seek judicial review of and relief from the Decision. NSSLP requests that the Decision be annulled."
Under item 20. "The Hotel Site Plan will subject the New South Street Apartments to serious detriment by destroying their views and eliminating their light and fresh air. The proposed hotel and garage will be located as little as 10.8 feet from the boundary line of the apartment building property, which is at the base of the steps to the wood porch of the building where residents enter and exit the building. The proposed hotel and garage will be located 15.8 to 20.8 feet away from the porches, doors and windows of the apartments. The open views of the Mount Holyoke range from the apartments will be destroyed by the monolithic wall of a hotel 74-feet high and the side of a 3-story garage that is up to 36 feet high. The proposed hotel and garage will create a narrow, dark alley filled with garage exhaust and hotel dumpster smells. The loss of sunlight will prevent the apartment building’s wood porch from drying, causing mold, mildew and rot."
Under items 21. and 22., "Section 350-11.6.B of the Northampton Zoning Ordinance requires that the requested use ‘promote the convenience and safety of vehicular and pedestrian movement…on adjacent streets…and roads in the area.’ The Planning Board is required to protect, among other things, ‘access by emergency vehicles." "The narrow alley created by the construction of the proposed hotel and garage, which will be as little as 10.8 feet across, will not permit full access by Fire Department ladder trucks and emergency vehicles. The Fire Department will not have direct access to the New South Street apartments that face the proposed garage and hotel. This lack of access poses a fire safety hazard to the families who live in the apartments, as well as to hotel and garage occupants. Access for snow removal will also be inadequate."
Under items 23. and 24., "Section 350-11.6.C of the Northampton Zoning Ordinance requires that the requested use ‘promote a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area." "Rather than promote a harmonious relationship, the Hotel Site Plan will destroy the quality of life of the families living in the New South Street apartments whose porches, entrances and windows face the site of the proposed hotel and garage. The proposed hotel and garage will turn light and airy apartments with beautiful views of the Mount Holyoke range into dark apartments facing a dank alley with no view and noxious fumes, where emergency fire equipment can no longer reach the full length and height of the apartment building. The narrow dark alley will likely attract undesirable/criminal behavior, creating a security risk for apartment residents and hotel employees."
Each complaint seek relief as the Court considers just and appropriate.
