Land Court judge orders Planning Board to revisit apartment project approval

NORTHAMPTON — A Land Court judge has ordered the Planning Board to revisit its approval of a 54-unit apartment building after residents challenged the decision in court. The judge ruled that the Planning Board must meet publicly no later than August 31 to review zoning waivers granted to the project and explain its reasoning.

The proposed five-story building at the corner of Phillips Place and Hawley Street, designed by developer O'Connell Development Group of Holyoke, faced opposition from neighborhood residents who argued the board granted waivers for the building's facade and size without sufficient explanation. Nine residents filed suit after the Planning Board approved the project in spring 2025.

Gordon Piper, chief justice of the Land Court, instructed the board to determine whether the approved waivers ease mandatory or suggested zoning regulations and whether the developer's plans meet mandatory zoning requirements for the neighborhood. The board must also publicly explain its decision on these matters.

Harold Wolfe, one of the nine plaintiffs, said the board treated the approval process in a "cavalier" fashion. "Rules should apply to everyone, or they're not very effective rules," Wolfe said. "That's why we had to resort to taking this to court, because despite our pointing out the waivers and the, in my estimation, cavalier way that the board was treating this process, they approved this project."

Director of Planning and Sustainability Carolyn Misch said she does not expect the Planning Board to change its approval at the remand hearing. She noted that "the judge wanted some clarification of the Planning Board's decisions and thought process." Misch said the review does not alter the city's goal to encourage multifamily housing development in and around downtown.

Neighborhood residents have raised concerns about the building's size, its potential to cause traffic and parking congestion, and whether it fits the aesthetic character of the area, which consists mainly of homes built in the early 1800s. Wolfe said the differing facades on either side of the building and the location of parking garage access on Phillips Place, a small residential street, are particular concerns. He said he expects the case will proceed to trial after the board's review, and that the board's remarks will help support the residents' legal challenge.