A New Chapter for an Italianate Mansion

Six years ago on March 16, the Zoning Board of Appeals granted a use variance for 41 Cross Street, clearing the way for the former factory building turned theater to be redeveloped as The Wick Hotel. On March 16 this year, the ZBA granted a use variance for 601 Union Street, to allow the building, originally a private home and for decades the Hudson Elks Lodge, to be developed as a boutique hotel. The curious fact that both use variances permitting the development of hotels in historic buildings were considered by the ZBA on the same date was pointed out last night by Andy Howard, counsel for the prospective buyers of 601 Union Street.

Photo: Zillow

The decision to grant the use variance came after a public hearing, of which one member of the public commented, "It's all kumbaya here." Judah Catalan, who owns and resides at 555 Union Street, immediately west of the site, confessed that he had originally been opposed to the plan, because "fourteen cars would be parked facing our house." He also explained that he had had an agreement with Eleanor Ambos, the late owner of 601 Union Street, that allowed him to garden on some of the land around the building. He said he has spoken with the prospective owners, and they have agreed to locate parking for the hotel farther back on the property and to make the agreement he had with Ambos an officially recorded easement. As a consequence, Catalan told the ZBA, he was now enthusiastically in support of the project.

Diane Townsend, Catalan's partner, also spoke in favor of the project, saying, "This will benefit the area far more than any other use," adding that if the building were to be put to a residential use, there would be more cars. Walter Chatham, who lives on nearby Hudson Avenue, attested that he and his wife, Mary, supported the proposed project.

Lance Helfert, who spoke for the group seeking to create a hotel in the building, told the ZBA, "We only like to put hotels in places that we like to visit."

There are four criteria to be considered when granting a use variance:

1. The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
2. The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.
3. The requested use variance, if granted, will not alter the essential character of the neighborhood.
4. The alleged hardship was not self-created.

In its deliberation, the ZBA struggled with the fourth standard, which ZBA chair Lisa Kenneally called "the elephant in the room." She explained, "If you buy a property knowing the situation, [the hardship] is self-created." In this case, the purchase of the building has not yet occurred. 

ZBA member Abbie Lazare mused, "How can you use it any other way? There is no other use for this building." Later in the discussion, Lazare read from the code some of the permitted uses: "It could be a hospital or a nursing home or a boarding house."

Making reference to the second standard for use variances, Kenneally summed up the situation: "It is unique. The neighbors have no problem. [The prospective buyers] came very transparently to the board asking for a variance." 

ZBA member MaryEllen Pierro suggested, "The biggest weight is what we have approved in the past. We approved The Wick." Kenneally advised that precedent alone should not determine their decision. ZBA member David Giroux noted that there was both precedent and the uniqueness of the building.

After some further discussion, Pierro moved to approve the application, and the five members of the ZBA present--Pierro, Lazare, Kenneally, Giroux, and Kathy Harter--voted unanimously to grant the use variance.

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