Zoning Board of Appeals

APPROVED ZONING BOARD OF APPEALS MEETING MINUTES June 18, 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: Sharon McDermot, David Haraske, Michael McCarthy Matt Vincent and Donna Collins Also: Permit Coordinator Kaila Sauer, Recording Secretary, Kristen Eldredge-Michaels and Former Building Inspector Denis Nadeau Transcription by: Kristen Eldredge-Michaels Chairwomen Sharon McDermot calls to order the June 18, 2020 Zoning Board meeting to order at 7:03pm Sharon McDermot reads aloud a statement for the record “Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §20, and the Governor’s March 15, 2020 Order imposing strict limitations on the number of people that may gather in one place, this Meeting of the Zoning Board of Appeals on June 18, 2020 is being conducted via remote participation. No in-person attendance of members of the public will be permitted, but every effort is being made to ensure that the public can adequately access the proceedings as provided for in the Order. A reminder that persons who would like to like to watch this meeting can do so on ACTV Channel 12, the ACTV website or their Facebook Page: www.facebook.com/AmesburyCommunityTelevision To submit a public comment, you may do so on the Facebook Live feed by beginning your comment with PUBLIC COMMENT. It will be read aloud at the appropriate time. Viewers may also email sauerk@amesburyma.gov to submit a public comment. Individuals may call in at (646) 749- 3112, Access Code 317-444-445 Chairman notes that tonight’s Zoning Board of Appeals meeting is being recorded by Amesbury Public Access Television; this legal step has been taken, but does not act as the official record. The written meeting minutes by the Recording Secretary is the official record. Anyone may record at the meetings, but is has to be approved by the Board ahead of time. “ Kristen Eldredge-Michaels takes attendance for the record. David Haraske PRESENT Michael McCarthy PRESENT Matthew Vincent PRESENT Donna Collins PRESENT Sharon McDermot PRESENT June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 1 APPROVED MINUTES: February 20, 2020 A motion to approve the draft Zoning Board of Appeals meeting minutes for February 20, 2020 is made by Matt Vincent and seconded by Michael McCarthy. Kristen Eldredge-Michaels takes the vote for the record. David Haraske YES Michael McCarthy YES Matthew Vincent YES Donna Collins YES Sharon McDermot ABSTAINS March 19, 2020 A motion to approve the draft Zoning Board of Appeals meeting minutes from March 19, 2020 is made by Michael McCarthy and seconded by David Haraske. Kristen Eldredge-Michaels takes the vote for the record. David Haraske Michael McCarthy Matthew Vincent Donna Collins Sharon McDermot ADMINISTRATIVE: Extension Request – 20 Pond St Jonathan Cody addresses the Board members on behalf of the request; he states that they are wrapping up an IRS tax lien on the property they cannot have a buyer purchase the property so they are seeking a short continuance. This was a receivership with the City of Amesbury, the house was torn down and the property went to auction. Sharon McDermot reads aloud the applicant’s letter explaining the request for the record; “We would like to request a one-year extension for our special permit/ limited variance granted on June 28, 2018. We have a qualified buyer for the property who plans to build but due to Covid- 19 we are having issues related to clearing title with the IRS who is currently short staffed. We anticipate this issue will be cleared up within the next few months but do not want to lose our favorable finding.” June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 2 APPROVED A motion to approve the applicant’s extension request for 20 Pond Street is made by Matt Vincent and seconded by Michael McCarthy. David Haraske YES Michael McCarthy YES Matthew Vincent YES Donna Collins YES Sharon McDermot YES PUBLIC HEARING(S): Michael Cooney is seeking a SPECIAL PERMIT/FINDING under the Amesbury Zoning Bylaw, Section VI, to construct a new garage and 3 season porch within the front yard setback. The property is located at 7 Birch Lane, Amesbury, MA in an R-20 zoning district, (map 46, lot 13) according to the Assessors database. Sharon McDermot recuses herself due to being an abutter, she informs the applicant that due to their only being four members sitting on the public hearing, they will need a unanimous vote for approval. The applicant acknowledges this. Matt Steinel of Millennium Engineering addresses the Board members on behalf of the applicant; Millennium Engineering was hired by the applicant some months ago to do an on-site survey. They were hired under the assumption that they would be going before the Conservation Commission for work in the buffer zone. The existing structure is 19.5 feet from the side set back, and it complies with rear and left side setback but the front size setback is 29.5 feet. What the applicant would like to do is construct a 24x32 garage structure on the other side of the structure and it will have a front setback of 30 feet with a 48 foot left side setback and there will be an enclosed 3 side seasonal porch at the rear of the site. Michael McCarthy asks for confirmation if the garage is going to be attached to the house. Matt Steinel confirms that it will have the same pitch line for the roof of the structures. David Haraske asks if the rear deck is existing. Matt Steinel confirms. The proposal is for the deck to remain (the stairs to be removed) and have the deck attached to the 3 season porch. June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 3 APPROVED A motion to close and discuss the application is made by Matt Vincent and seconded by Michael McCarthy. David Haraske YES Michael McCarthy YES Matthew Vincent YES Donna Collins YES Sharon McDermot ABSTAIN SUMMARY OF FINDINGS Proof of predate from Zoning: It does not predate zoning. A motion to continue the public hearing for 7 Birch Lane to August 2020 is made by Matt Vincent and seconded by Michael McCarthy. David Haraske YES Michael McCarthy YES Matthew Vincent YES Donna Collins YES Sharon McDermot ABSTAIN Matt Vincent states that he believes this is a straight forward project that will improve the neighborhood. He states that since there are no abutters here tonight they may agree that this is a good upgrade. David Harske agrees with Matt Vincent; he asks for clarification that abutters were notified. He finds it odd that no one was here. Summary of Findings Proof that it predates Zoning: - David Harske states that he does not have the field card. Matt Vincent states that the application states that the structure was built in January 4, 1989. Sharon McDermot states that it does not predate zoning. She asks for the applicant’s representative to share the field card from the application. She states that if you look back she sees a date of January 15, 1964. June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 4 APPROVED Matt Steinel states that they will have to ask for a continuance to find more information for this case. He must talk with his client. Acting Building Inspector Denis Nadeau states that they have searched all the documents for this home and what they have found was a resale permit from 1978 up to 1981. He only has an application and it appears that there was a camp there and remodeling was done at that time. He states that he does not know if there was remodeling done or if it was torn down and built again. In 1978 the zoning was RF- which was seasonal zoning, and the setbacks were 5 feet. He states that due to the lack of paperwork he would say that this existing structure was modified and this application does qualify for the pre-existing non-conforming allowances. Donna Collins confirms that Denis Nadeau has torn apart the building department looking for documentation for this structure. She agrees that the applicant should be passed due to lack of information. Matt Vincent states that if this structure was built in 1981 it would have to comply with building requirements. The conversion from R-F to R-20 still predates what the requirements were for this district. If there was a structure, there before and it is already 29 feet away when they change the requirements then it is a non-conforming pre-existing structure. Acting Building Inspector Denis Nadeau states that this was most likely a rebuild that was approved by a previous building inspector. Matt Vincent states that there is an uncertainty to what the status is of what was built before the changes to the zoning requirements. It depends on which was the Board wants to view this project. The absence of information on the City’s part. Or the side of the applicant. They are uncertain if it predates zoning. Should they give the applicant 30 days to see if they can produce paperwork showing that this predates zoning? David Haraske agrees that there is a lack of information but he would like to have something showing when this was built Donna Collins states that they should not put that burden on the applicant if the City cannot produce the paperwork. Matt Vincent states that they could go through the rest of the findings and vote. Acting Building Inspector Denis Nadeau states that there are many houses in the City that have been built and passed by the previous Building Inspector. He states that they should give the applicant the chance to come back at the next meeting to see if they can find more information. Acting Building Inspector Denis Nadeau states that if the Board votes on this matter and denies it. The applicant cannot come back for 4 years June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 5 APPROVED Matt Steinel asks a procedural question; if we were to proceed tonight with the hearing for a finding and get a denial, would they have to wait 4 years if they wanted to come back with a variance application. Acting Building Inspector Denis Nadeau states that if they vote No tonight then they would have to file with the Planning Board, then come back to the Zoning Board of Appeals with a new application. David Haraske states that it is up to the City to have corrected information regardless of it being the City’s fault that there is no viable information. He suggests giving the applicant more time to find things. Acting Building Inspector Denis Nadeau states that they should at least give the applicant the opportunity to withdraw without prejudice and reapply as a variance. Matt Steinel asks the Board to table this discussion until the end of tonight’s meeting so he can discuss what to do with his application. Michael Cooney asks where he could find more information if the City does not have the records. Acting Building Inspector Denis Nadeau suggests that they review the Salem Registry of Deeds. Permit Coordinator Kaila Sauer states that they have received a public comment from Nicholas Wheeler regarding this application; “historicalareal.com has areal images of this site going back to 1938. In 1966 and in 1971 in particular there does not appear to be a structure in the current location. Matt Steinel states that he also researched historicalareal.com and states that it was inconclusive. You cannot make out structures from tree lines. Sharon McDermot states that this item will be tabled until the end of the night. Timothy S. O’Neil is seeking a SPECIAL PERMIT/FINDING under the Amesbury Zoning Bylaw, Section XI. K1, to convert an existing single family structure to a two family structure. The property is located at 471 Main St, Amesbury, MA in an R-20 zoning district, (map 90, lot 18) according to the Assessors database. Lisa Mead of Mead Talerman and Costa addresses the Board members on behalf of the applicant; the proposing conversion of the existing structure from one-family to two-family dwelling. All construction is on interior of structure. No changes to footprint of existing structure or lot, they are proposing a two family use which is consistent to the surrounding neighborhood. In accordance with section 11 of the ordinance, they are allowed to convert a building if it has more than 12,000 square feet and this space has 18,495. The property meets the requirements for June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 6 APPROVED three additional parking spaces as well, they can have up to 9 parking spaces. There are two in and two behind the garage and behind the house there are 5 additional spaces. They are also looking for a finding. The lot has 126 feet of frontage where 125 feet are required in the R-20 district. The remaining dimensions are either met or are pre-existing non-conformities and are lawful. No dimensions are being changed, and the intensification of lot is not substantially more detrimental to the neighborhood. K2. She then pulls up the plans to show the Board members the layout of the site. She adds that this will add diversity to the neighborhood without adding additional buildings, it will not cause excessive traffic because they have more parking on the site than is required, and this property will not burden the septic system. Sharon McDermot states that there was a letter sent to the Board that she would like to read for the record. Permit Coordinator Kaila Sauer reads aloud this letter from Joel Darcy of 473 Main Street who is looking for clarity on what the intended use of this application is. What will the home be used for? Is it advertised online as Riverbed Landing Inn, they have also had this home rented out to several other individuals over the years, it is also advertised as a short term rental and is also on Air B&B. Many of the surrounding homeowners have moved to the lovely Point Shore Area to enjoy the natural beauty of our area and did not anticipate seeing the equivalent to a commercial hotel or Inn in this area next to us. I am asking the Board to carefully consider this request as a whole before they approve this request. I have no problem with this property being converted to a two family residence with long term residence, however I do not want to see one unit as a home or one for short term rentals. Boston has implemented strict regulations that essentially ban investor units or properties to be used as short term residence. Permit Coordinator Kaila Sauer states that there are a few Facebook comments, one from Charlie Cullen stating that he is speaking against this request to convert to a two family. This is one of the most important and special neighborhoods in Amesbury. This project has been going on for years and the owner has shown no sensitivity for abutters who are dealing with noise, the site has constant construction vehicles on the site. This neighborhood should not be used for income properties, this will increase noise, trash, and general disruption to their special neighborhood. This will absolutely negatively impact the neighborhood. She then states that Pam Gilday of 25 Monroe Street asks how Air B&B rental guidelines impact this finding. Donna Andersons asks if a two family unit rental property is going to require a longer term rental agreement. Can a two family become an Air B&B. Lisa Mead happily responds; the City of Amesbury does not have any requirements regarding short term rentals and indeed the Zoning Bylaw cannot effect the owning of the property. So wither the rental of a unit is for any duration of time, there currently are no regulations limiting this. Matt Vincent asks Lisa Mead if they are able to consider the detriment to the neighborhood when considering this application. June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 7 APPROVED Lisa Mead replies by stating that if there were problems or complaints or regulations regarding short term rentals. It would have to be sustainably more determine than the existing use. You would have to have a base for that and as of now there are no complains. Matt Vincent states that there are complaints tonight. David Haraske states that in Lisa Mead’s application letter; Section B states that the requested use is essential and or desirable to the public’s welfare. Permission of diverse housing stock is essential/desirable to the City. It is important that an array of housing opportunities is available. In this instance the structure will not be remodeled externally. There will be no infill or a denser development. The rental aspect of this home does not fall in line with the desirable housing stock. This sounds contradictory to what is actually happening on the site. Lisa Mead states that she is not familiar to what the home is being advertised as so she cannot speak to that. With regards as housing stock, just because it is used today for short term rentals does not mean that it will always be used that way. Based on the Zoning Bylaw Rules and Regulations that would be the case. Matt Vincent states that the ads are consistent to what the abutters have said. They range from renting the entire house or individual rooms that are very recent. The application has been worded to think that the homes will be occupied by the owners. Are there expectations or willingness to agree to stipulations with approving the conversion of a one family to a two family. He could agree to not use this property as a short term rental while he retains ownership of this dwelling. Lisa Mead states that she does not know the answer to that but they are good questions. She requests a continuance for the public hearing so she can converse with the client. Sharon McDermot states that she would just like something in writing. A motion to continue the public hearing for 471 Main Street to the July 23, 2020 Zoning Board of Appeals meeting is made by David Haraske and seconded by Michael McCarthy. David Haraske YES Michael McCarthy YES Matthew Vincent YES Donna Collins YES Sharon McDermot YES A motion to close the June 18, 2020 Zoning Board of Appeals public hearing at 8:15pm is made by David Haraske and seconded by Matt Vincent June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 8 APPROVED Roll call to end the meeting: David Haraske YES Michael McCarthy YES Matthew Vincent YES Donna Collins YES Sharon McDermot YES June 18, 2020 Zoning Board of Appeals Meeting Minutes Page number 9