Zoning Board of Appeals

APPROVED ZONING BOARD OF APPEALS MEETING MINUTES February 20, 2020 (Posted in accordance with the provisions of MGL Ch. 39, Sec. 23A, as amended) 7:00 p.m. 62 Friend Street Amesbury, MA 01913 Attendance: David Haraske, Robert Orem, Michael McCarthy Matt Vincent And Donna Collins Absent: Sharon McDermot Also: Recording Secretary, Kristen Eldredge and Former Building Inspector Denis Nadeau Transcription by: Kristen Eldredge Acting Chairwoman Donna Collins calls to order the February 20, 2020 Zoning Board meeting to order at 7:02pm MINUTES: December 12, 2019 A motion to approve the draft meeting minutes from December 12, 2019 Zoning Board of appeals meeting minutes is made by David Haraske and seconded by Matt Vincent AIF (5) January 23, 2020 A motion to approve the draft meeting minutes from January 23, 2020 Zoning Board of appeals meeting minutes is made by David Haraske and seconded by Matt Vincent AIF (5) PUBLIC HEARING(S): Richard S. Ebacher and Diane H. Debourke are seeking a SPECIAL PERMIT/FINDING under the Amesbury Zoning Bylaw Section IX. B.1 to convert a portion of a pre-existing structure from warehouse use to residential use. The property is located at 40 Portsmouth Road, Amesbury, MA in an R-40 zoning district, (map 56, lot 35) according to the Assessors database. Paul Gagliardi (attorney with an office at 24 Market Street, Amesbury Ma 01913) addresses the Board members on behalf of the homeowner; what they have here is a parcel of land that has multiple principle structures. The house was originally built in 1850 according to the Assessor’s Database, the warehouse/barn was constructed in 1900 which was before zoning was adopted in 1971. In 1980 another building was constructed out back and in 1998 the warehouse/barn had the upstairs converted into office space for “Ebacher Plumbing and Heating” and at the time the property was zoned industrial and in October of 1998 after the conversion/construction of the office space the zoning changed from February 20, 2020 Zoning Board of Appeals Page 1 APPROVED industrial to residential R-40. Prior to the change in zoning they had multiple principle structures on the lot which all either predated zoning or were allowed as a result in the industrial zone. In 1998 with the zoning change these became pre-existing non-conforming uses and structures except for the residential use in the house. What they are seeking to do today is to get a finding for converting that office space into a residential use, it will not be substantially more detrimental to the neighborhood than the existing non-conforming use. He would submit that they are actually taking the R-40 zone residential use as a conforming use and the existing use of the property as an office space for a business is not conforming. These changes are making the property more conforming than it was before. It will reduce traffic due to no more employees to and from the site and they are talking about a residential one family unit in the second floor of the warehouse barn. He asks if the Board members have any questions. Matt Vincent asks if the property is roughly 1,300 square feet. Paul Gagliardi states that the field card states that the office space is 1,326 square feet. Michael McCarthy asks if the space that is being converted is going to be rented out. Paul Gagliardi states that the applicant’s daughter is going to live in the renovated space. In the future they could rent it out though. Former Building Inspector Denis Nadeau states that when the zoning changes originally the residential use became non-conforming. Their barn on the property was still industrial use which was legal for the site to have a business there, but then the house itself was still pre-existing non-conforming. They are flip flopping and there used to be (3) three units, there is a little house out back. They are looking now to convert that from a one family to a two. All he is doing now is taking a non-conforming unit and make it conforming. Because it is in a residentially zoned spot now one of the structures will always be non- conforming because you cannot have two principle structures on one lot. The only catch in this- once they bring this thing into conformity they can never go back to get that garage/office space back into the industrial/commercial district. Mass General Law stats that you can only convert from one non- conforming use to another at one time. Matt Vincent confirms that the neighbors would probably agree with the residential use over commercial. Donna Collins asks if there are any abutters in the audience. No on replies. A motion to close and discuss the application is made by Matt Vincent and seconded by David Haraske AIF (5) Donna Collins asks former Building Inspector Denis Nadeau if they should just be using the finding worksheet. Denis Nadeau confirms. They can note that they are changing a non-conformity to a conforming use. Donna Collins asks if they need to note that there is a non-conformity on the site Denis Nadeau states that the nonconformity is the two principle structures on one lot. February 20, 2020 Zoning Board of Appeals Page 2 APPROVED SUMMARY OF FINDINGS 1.Proof that it predates zoning? Original House: 1850 Barn: 1900 2.How is it nonconforming? Front and Rear Setbacks 3.More or Less Detrimental? Less 4.Does extension/alteration create a new nonconformity? No A motion to approve the finding application for 40 Portsmouth Road is made by Matt Vincent and seconded by David Harseke AIF (5) VOTE Michael McCarthy YES Matt Vincent YES Donna Collins YES Robert Orem YES David Haraske YES A motion to close the February 20, 2020 Zoning Board of Appeals public meeting is made at 7:12pm by David Haraske and seconded by Robert Orem AIF (5) February 20, 2020 Zoning Board of Appeals Page 3