Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES Thursday, August 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: Sharon McDermot (Chair), David Haraske, Michael McCarthy, Matt Vincent, Donna Collins Also in attendance: Permit Coordinator Kaila Sauer, Building Inspector Denis Nadeau, Recording Secretary Janice Valverde Chair calls the meeting to order at 7:04 p.m. Chair reads aloud the following statement for the record: The public can attend this meeting at City Hall or view the meeting on Amesbury Community TV (ACTV) Channel 12, or at the ACTV website, or the City of Amesbury Facebook page https://www.facebook.com/amesburyma/ To submit a public comment, send an email to sauerk@amesbury.ma.gov or submit a comment on the Facebook Live feed by beginning your comment with PUBLIC COMMENT. Individuals may attend this meeting at City Hall. Chairwoman Sharon McDermot announces that the agenda includes two items, the minutes of the July 23, 2020 meeting and a request of Michael Cooney who is seeking a VARIANCE 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 Assessor’s database. MINUTES July 23, 2020 Motion by Dave Haraske to approve the minutes as written of the Zoning Board of Appeals August 20, 2020 Zoning Board of Appeals Meeting Minutes meeting of July 23, 2020. Seconded by Donna Collins. All in Favor. PUBLIC HEARING Michael Cooney is seeking a VARIANCE 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. Chair McDermot says Dave (Haraske), Donna (Collins), Matt (Vincent) and Mike (McCarty) will sit on this case. She is an abutter to 7 Birch Lane so she will not sit on the hearing. She says four yes votes are needed for approval and asks Cooney if he was willing to proceed and he agrees. Cooney introduces himself and Chris Annis, prospective builder for the project. Cooney says he proposes to build within the confines of the present house, to the left of the existing house. The project would include a 2-car garage with a bedroom above, a screened-in 3-season porch in the rear, and a small porch in the front. Annis says the proposed addition is 24 feet wide by 32 feet deep. The front of the addition is on the same line as the existing house but “about two feet forward” of the existing house, still within 30 foot setback from Birch Lane. It has a 2-car garage under, a bedroom above with bathroom and closets. Rear of new structure would actually be 4 feet shallower than the current deck. Stairs to the deck would be removed. And new 3-season porch would be tied in to main structure. Front of the new structure will have a 4-foot frost wall foundation; 3-season deck on the rear will be supported by sonotubes. Annis says the structure would be within the 50 foot buffer zone of wetlands. An engineering study says the rear of the structure will not encroach on wetlands any further than the current structure but will be 4 feet shallower. Annis says there would be a stone driveway, “no hot top.” August 20, 2020 Zoning Board of Appeals Meeting Minutes Chair McDermot asks for comments for or against this case from the audience or from FB live. There are none. She asks if there are questions from the Board to the applicant. Mike McCarthy asks about siting in relation to wetlands and tree line. He says looking at dimensions on the drawings, it looks like the wetlands prevent, in terms of the topography of the land, from siting the addition to the back of the house. Annis replies yes, building off to the left side has the least impact on any wetlands. Dave Haraske asks if the tip of the lot abuts the lake (Lake Attitash). Annis replies no, the lake is across the street. Chair McDermot asks if the property is in the watershed. Annis does not know. She asks if it is 100 feet away rom the water. Annis replies yes. Chair McDermot says “then you’re fine.” Chair McDermot reads into the record a letter from Derek Buckley, an abutter at 5 Birch Lane, who wholeheartedly urges the board to allow Cooney’s request without objection. (See letter attached) Chair McDermot asks for any comments. There are none. Chair McDermot asks if there is a motion to close and discuss and either approve or disapprove this case. Motion by Donna Collins. Seconded by Matt Vincent. All in favor. Matt Vincent says as Board considers the summary of findings, he believes the issue of siting will “work itself out.” Dave Haraske agrees and notes that this case originally came before the board as a request for a special permit, but the board did not have enough information to identify it as an existing building. Chair McDermot asks if Board is ready to go through summary of findings. All agree to proceed. Chair McDermot asks what is the substantial hardship. Collins says it is a small structure and any addition can only be built to the left. Dave Haraske and Chair Sharon McDermot add that there are limited options with respect to expansion and placement of the house. August 20, 2020 Zoning Board of Appeals Meeting Minutes Chair McDermot asks what special conditions affect the land or structure as compared to other properties within zoning district. Dave Haraske and Matt Vincent reply “the shape of the lot.” Chair McDermot asks if the above features generally affect the district. All reply “no.” Chair McDermot asks what would be the detriment to the public good if granted. All reply “none.” Chair McDermot asks if the proposed project derogates from the intent of the bylaw. All reply “no.” McDermot asks if there is a motion to vote on the request. Haraske then says that Cooney originally came before the Board to request a special permit but the city did not have sufficient information to identify the structure in question, so the Board asked the applicant to apply for a variance instead. He asks if Cooney had to pay a permit fee for his original application for a special permit and another fee for the application for a variance. Permit Coordinator Kaila Sauer says that Cooney had to pay both fees. Former Inspector Denis Nadeau says because of the public notification requirements, the city must charge a permit fee for a variance application. If an applicant applies first for a variance and it is determined that the need to apply for a special permit, there is not further notification needed and therefore no additional fee. But “in the other direction” it requires the additional fee to cover the costs of the notifications. Motion by Matt Vincent to approve the Variance for 7 Birch Lane. Second by Donna Collins. All in favor. Chair McDermot says application is approved; there is a 20-day appeal period. Chair McDermot says for the record: I am really glad to see that everyone is happy and healthy. Welcome back. It’s really nice to meet in person. That is for the record! Motion to adjourn by Matt Vincent. Second by Donna Collins. All in favor. Meeting adjourned at 7:22 p.m. August 20, 2020 Zoning Board of Appeals Meeting Minutes  Letter of Derek Buckley_Minutes of 8-20-2020 ZBA Meeting.pdf August 20, 2020 Zoning Board of Appeals Meeting Minutes