Today's Daily Hampshire Gazette includes this letter from NSNA member Adam Cohen. Links have been added for convenient reference.

To the editor:

The new zoning proposed for Northampton's urban residential neighborhoods may well give flexibility to owners of one- to four-family homes, but it also gives too much latitude to developers of larger projects. Bad infill can permanently disrupt historic neighborhoods — as residents in Houston, Denver and San Diego have learned to their dismay.

Sad experience has spurred cities like Knoxville, Portland and Toronto to specify in detail what makes for good infill. The North Street Neighborhood Association explores these issues in depth at northassoc.org.

One particular trigger for conflict between residents is inadequate off-street parking. Northampton's proposed zoning would cut parking requirements by as much as half. The Zoning Revisions Committee was not nearly so aggressive in its recommendations, and its caution should be heeded.

The city’s planning staff rightly points to Graves Avenue as an example of successful density that looks good, but the reality is we'll continue to get many less inspiring developments unless our zoning affirms what we really want. Jim Nash, former member of the Zoning Revisions Committee, is absolutely correct when he says, "Moving forward with this zoning package without inserting strong regulations for multi-unit developments is a breach of the public trust from when the infill discussion began, that our neighborhoods would be protected.

"In this zoning package I find such safeguards severely lacking and ask that you not approve them as written."

Adam Cohen

Northampton

 
See also:

Residents Express Concerns about Rezoning at Ordinance/Planning Board Meeting
 

Northampton's Planning Board approved zoning changes for urban residential districts URA, URB and URC. The package includes an amendment to require Special Permits for developments of 7+ units. The proposal will next be revisited by the City Council's Ordinance Committee at its June 10 meeting.

Here is a YouTube video of the Planning Board meeting recorded by Ruth McGrath (see agenda). The zoning discussion begins at 1:11:05.


 
See also:

Residents Express Concerns about Rezoning at Ordinance/Planning Board Meeting
 

Here is a YouTube video of the complete May 13 meeting of Northampton's Committee on Elections, Rules, Ordinances, Orders & Claims, followed by a joint meeting of the committee with the Planning Board. Here is the agenda of these meetings. This video was recorded by Ruth McGrath.

This Atlantic Cities article is a good read, especially item 5:

Respect neighborhood character & identity. "Lack of identity or a negative identity makes increasing neighborhood density difficult. A development that challenges or changes a community’s identity architecturally or in terms of land use can undermine the very thing that attracts residents to the neighborhood. Diversity of land uses is good but incompatibility is not. Preserve historic resources and urban fabric." Amen to that.

See also:

Condo Monotony: The Future of Ward 3?

Suburban 'Raise the Drawbridge' Sentiment Motivates Some Smart Growth Policies
Prince William newcomer Greg Gorham, a software developer, moved from another Virginia suburb because a builder constructed 20 townhouses on land next to him. "That was the thing I really didn't want to have happen to me again," said Gorham. 
 

President of W3NA Comments on Introduction of Ordinances to Increase Density
 

Jerry Budgar, president of the Ward Three Neighborhood Association, circulated these comments to Northampton ward and neighborhood groups this week:

I just want to give everyone a heads-up that a package of rezoning proposals that would, in some instances, substantially increase density in many areas of the city has been introduced to the City Council for tomorrow night's meeting [see proposals]. It is expected the package will be referred to committee. The rezonings primarily impact zoning districts Urban Residential B and Urban Residential C and have some but lesser impact on Urban Residential A. The most affected areas will be in Wards One through Four, areas around downtown Florence, and the downtown area of Leeds. Among other things, the zoning proposals would reduce lot sizes, reduce frontages, allow neighbors to build closer to your side lot line, and in some cases allow substantially higher numbers of units on lots. This is a rather far-reaching set of rezoning proposals, and I suggest you speak with your city councillors to get the specifics about the ways it will impact your wards and your neighborhoods. Among the concerns about this package are the potential loss of lots of green and open space in the most impacted areas, the possibility of developers buying homes in existing neighborhoods and tearing them down to erect as many units as the new zoning would allow, and reduced storm water runoff areas in the city's urban cores.

See also:

Higher Density Urban Residential Zoning Goes Before City Council on April 18

Ward 3 Neighborhood Association Conveys Rezoning Concerns to City Officials (11/27/12)

Ordinances for higher-density zoning in Urban Residential Districts A, B and C will go before Northampton's City Council on April 18. Wards 1-4, downtown Florence and downtown Leeds can expect the greatest impact. See the zoning map.

It is expected that these ordinances will be referred for review to the Planning Board, the Committee on Economic Development, Housing and Land Use, and the Committee on Elections, Rules, Ordinances, Orders and Claims. Here is the text of the proposed ordinances:

• Ordinance: Amend 350a and 350b Table of Uses and Table of Dimensions for URA
• Ordinance: Amend 350a and 350b Table of Uses and Table of Dimensions for URB
• Ordinance: Amend 350a and 350b Table of Uses and Table of Dimensions for URC
• Ordinance: Amend 350 -6.8 Consistent with Sustainable Northampton, More Than One Structure be Allowed to be Built on One Parcel

Ask your City Councilor how these ordinances might affect you and development in your neighborhood.

See also:

Ward 3 Neighborhood Association Conveys Rezoning Concerns to City Officials (11/27/12)

Making Smart Growth Better: Critiques, Guidelines, Cautions (3/30/11)

This message was circulated to city officials today from the Ward 3 Neighborhood Association. See the proposed residential district zoning changes in the Northampton Planning and Development web pages under Hot Topics.

November 27, 2012

Dear Mayor David Narkewicz, City Council President William Dwight, Ward
3 City Councilor Owen Freeman-Daniels, and City Councilor at Large Jesse Adams,

We appreciate the added attention that the Office of Planning and
Development has provided to the citizens of Ward 3 surrounding the
proposed residential zoning changes. The presentation provided by Ms.
Carolyn Misch on October 17th was very informative.

Based on what we heard there a few aspects of the zoning proposals that
concern us and we would like to see them revised.

URB Frontage

We do not find that the proposed frontage for URB of 50 feet matches the
realities on the ground. More typically frontages on URB streets are
60 feet or more. One such example is Orchard Street where 60 feet is
the Mean, Median, and Mode. The ZRC recommend 65 feet for URB and we
are confortable with that. A case for reduction to 50 feet has not been
made.

Developments Greater than Four Units in URC

On the edges of Ward 3 URC there is a string of properties that are much
larger than those typically found in the interior of URC. These
properties are along Pomeroy Terrace, Williams Street, and Henry Street.

The lots are quite deep and their back lot lines abut farmland or open
space. These are transition properties and have served as such for well
over a hundred years.

Our concern is that the dimensions of these properties are anywhere from
five to fifteen times the size of the minimum lot size proposed for URC,
and under the proposed zoning these properties could be developed into
private ways of multiple single-family homes or condominium projects of
20 units or more. Massing development along the edges of Ward 3 seems
counter to the intent of the proposals as presented of creating density
at the city’s center.

Developments Greater than Three Units in URB

In a related matter, within Ward 3 URB there are various properties
where infill projects of 3 units or more may occur with only Site Plan
Approval. These properties can be found along Lincoln, North,
Northern, Day, Crosby, and Bates. Like the aforementioned URC
properties, we are very concerned we are inviting infill into peoples’
backyards.

We are not strangers to infill controversies, as demonstrated by the
property owned by Kohl Construction. Due to a recent land court
decision [link], the plans to develop this property are no longer valid.
Flawed public process and the absence of design standards divided
neighbors. We now have an opportunity for a reboot.

It is critical that safeguards be in place before these zoning proposals
move forward. We would like to see the following:

• The development of stricter design standards for large developments that account for appearance, layout, and the way they relate to the existing neighborhood
• A technical study of streetscapes and property dimensions followed by a discussion about zoning map changes for streets inconsistent with their zone
• A clear method for public involvement in all residential zones for projects beyond 4 units in URC and 3 Units in URB

Moving forward on the current zoning proposals without these safeguards
in place is an invitation to future controversy and hard feelings across
the URs, from Leeds to Florence to downtown.

We hope we can count on your support to see that these safeguards are
part of our new zoning. Thank you for your attention to these matters.

We look forward to working constructively with our fellow citizens and
city officials towards improving our zoning ordinance.

Sincerely,
The Board of the Ward 3 Neighborhood Association

cc:

Councilor Maureen Carney
Councilor Paul Spector
Councilor Pamela Schwartz
Councilor David Murphy
Councilor Marianne LaBarge
Councilor Eugene Tacy
Northampton Planning Board
Office of Planning and Development

See also:

Lessons from San Diego: Why We Need Infill Design Guidelines

On October 22, 2012, the Chief Justice of the Land Court, Karen F. Scheier, issued a Decision in favor of the Plaintiffs in the case of Elizabeth C. Waldron, et al. v. Northern Avenue Homes, Inc., et al., 08 MISC 374551 (KFS).

The Plaintiffs in the lawsuit questioned whether Northern Avenue Homes, Inc., and Living City Properties, Inc., two corporations operated by the late Douglas Kohl, a prominent area developer, had easement rights over “paper streets” off North Street in Northampton. Northern Avenue Homes argued that a plan of land recorded in the Hampshire County Registry of Deeds on May 29, 1913, created a right of way that would allow Northern Avenue Homes to use a portion of the paper streets to access a proposed condominium project previously approved by the City of Northampton.

A two-day trial took place in July, 2010, involving 56 exhibits, five witnesses and extensive evidence presented at trial. Attorneys Brad A. Shimel of Northampton and Alan Seewald of Amherst represented the Plaintiffs.

The Court ordered and adjudged that Northern Avenue Homes and Living City Properties, Inc. do not have easement rights of access and egress over the portion of the paper street owned by four of the Plaintiffs. Northern Avenue Homes and Living City Properties, Inc. are prohibited under the Court’s Decision from acting in such a way to interfere with the rights of the Plaintiffs to use their lots as shown on the 1913 plan of land free and clear of any access rights in favor of the Defendants.

The Decision effectively prevents Northern Avenue Homes and Living City Properties, Inc. from using the paper street to provide access to the proposed condominium project.

See below for the full text of the Decision of the Land Court via Scribd.
Massachusetts Land Court Finds in Favor of Plaintiffs vs. Kohl Construction in Use of Unnamed Way

See also:

MassLive: "Proposed Northern Avenue condominium project in Northampton stymied by land court ruling" (10/31/12)
Although the developer can use View Avenue to get to the site, the restriction spelled out by the Land Court would make access problematic. Because the plan approved by the Planning Board shows the easement and relies heavily on it, Seewald said the developer will probably have to go back to the board with a new plan.

Gazette: "Land Court rules against developers of controversial North Street condominium complex in Northampton" (10/31/12)
...Ted Parker, project manager of Kohl Construction, said Tuesday, “Our attorney feels pretty confident the case was wrongly decided and is preparing a motion to appeal.”

Parker said if the appeal is successful, the company plans on moving ahead with the project as previously approved by the city.

Most Recent Version of Kohl Construction's Proposed North Street Condominium Development (2009)
The October 2012 Land Court ruling affects parts of the "40' Wide Right of Way" shown below.



News Coverage of Lawsuit vs. Kohl Construction (2008)

Northampton Residents Sue Developer Douglas Kohl to Resolve Questions of Title and Rights-of-Way (2008)
 

Here is a YouTube video of the complete 9/17/12 meeting of Northampton's Committee on Social Services & Veterans Affairs (click for the agenda). This video is 2 hour 10 minutes long and was recorded by Mary Likins.

A discussion of heroin abuse at Northampton High School begins at 1:25:25 on the video. The committee hears from Susan Stubbs and Michael Tremblay of ServiceNet. Tremblay reports that there's "a big uptick in clients between the ages of 18 and 24 in the last year...a lot of heroin addicts...they're coming from middle class, upper middle class families, and it has made them homeless..."