Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES Thursday, October 22, 2020 (Posted in accordance with the provisions of MGL Ch. 39, Sec. 23A, as amended) 7:00 p.m. City Hall Auditorium 62 Friend Street Amesbury, MA 01913 Attendance: Sharon McDermot (Chair), Donna Collins, David Haraske, Michael McCarthy, Matt Vincent Also in attendance: Building Inspector Denis Nadeau, Recording Secretary Janice Valverde _________________________ Chairwoman Sharon McDermot calls the meeting to order at 7:00 p.m. Chair announces that the agenda includes the minutes of the September 24, 2020 meeting, one Administrative matter, and two Continued Public Hearings. Sean Roaf is seeking a Special Permit/Finding under the Amesbury Zoning Bylaw Section VI.B to replace an existing garage with a new garage. The property is located at 6 Cedar Court, Amesbury, MA in an R-8 zoning district (map 40, lot 233) according to the Assessor’s database. John S. Mercer is seeking a Special Permit/Finding under the Amesbury Zoning Bylaw Section VI.B to replace a garage. The property is located at 167 Main Street, Amesbury, MA in an R-8 zoning district (map 52, lot 300) according to the Assessor’s database. MINUTES Chair McDermot asks if everyone had a chance to read the minutes of September 24, 2020, and if there are any comments or concerns. There are none. She asks if there is a motion to accept the minutes. Matt Vincent moves to approve as written the minutes of the Zoning Board of Appeals meeting of September 24, 2020. Donna Collins seconds the motion. The motion passes unanimously. ADMINISTRATIVE Chair McDermot announced that the 2021 meeting schedule is on the agenda as an administrative matter. She says meetings will continue on the fourth Thursday of the month, with the exception of June, when the meeting will be held on June 17, the third Thursday of the month, rather than June 24. She asked if there is a motion to move the meeting to June 17, 2021. David Haraske makes a motion to accept the proposed meeting schedule with a change in the June meeting to June 17. Mike McCarthy seconded the motion. The motion passes unanimously. CONTINUED PUBLIC HEARINGS Chair McDermot announces that she wants to change the order of the hearings from what is on the agenda, and John Mercer’s case will be heard first. John S. Mercer is seeking a Special Permit/Finding under the Amesbury Zoning Bylaw Section VI.B to replace a garage. The property is located at 167 Main Street, Amesbury, MA in an R-8 zoning district (map 52, lot 300) according to the Assessor’s database. Chair McDermot invites John Mercer to the podium to speak about his application. Mercer introduces himself, says his irrevocable trust owns the property in question, he provides copies of his application to all board members and to Building Inspector Denis Nadeau. He includes a plot plan, a printout from the MA Interactive Property Map database of 167 Main Street, and an emailed letter from a neighbor/abutter. Mercer says he was at the Sept. 24th meeting but did not present his case completely. He says he believes he has presented a complete application in advance of this meeting of October 22. Matt Vincent says the issue was just “a matter of completion of the paperwork,” which appears now to be complete. Chair McDermot asks if there are any questions from the audience or the board. There are none. Chair McDermot reads the email letter of Leah Stanton, addressed to Building Inspector Denis Nadeau, dated October 22, into the record: Good Afternoon Denis – I am emailing you to give my support to John Mercer for the approval of a building permit for the replacement of garage at 167 Main Street. As you may be aware, the previous garage was unsightly, unsafe and at the end of its useful life. I know the Mercers had hoped to work with the  existing structure to make improvements but ended up replacing it with a new building in the exact location, of the same shape and size as the previous structure. I am anxious for the City to issue a permit and the builder to return to complete the work. Please let me know if you have questions or want to discuss further. You can also call me tonight during meeting if appropriate and needed. Call (978) 239-9496. Thank you. Leah E. Stanton, PE Vice President direct: 978-532-1900 ext. 2386 Weston & Sampson 55 Walkers Brook Drive, Suite 100 Reading, MA 01867 tel: 978 Matt Vincent makes a motion to close the hearing. Michael McCarthy seconds the motion. The motion passes unanimously. Chair McDermot asks if there is any discussion or questions from the board or the audience. Given that there is none, she asks if the board wants to go through the summary of findings. McDermot asks, is there proof that it predates zoning? “Yes, 1970,” says the board. McDermot asks how it is nonconforming. The lot size, frontage, left side, the right side, and rear, agrees the board. McDermot asks if it is more or less detrimental to the neighborhood. “Less,” replies the board. Does the extension/alternation create a new nonconformity? “No,” the board agrees. McDermot asks, “Do we have a motion to approve this application?” Michael McCarthy made a motion to approve the application. Donna Collins seconded the motion. The motion to approve the application passes unanimously. McDermot informs Mercer that his application has been approved and that he has a 20-day appeal period. McDermot says the next agenda item is the application of Sean Roaf. Sean Roaf is seeking a Special Permit/Finding under the Amesbury Zoning Bylaw Section VI.B to replace an existing garage with a new garage. The property is located at 6 Cedar Court, Amesbury, MA in an R-8 zoning district (map 40, lot 233) according to the Assessor’s database. Sean Roaf introduces himself and says he wants to replace an existing garage on his property with a new one on the same footprint. McDermot asks if it will be a 1-story garage. Roaf replies that there will be a loft, there is a loft in the existing garage, and there will also be a loft in the new garage but it will be slightly higher. McDermot asks if the loft space will be used for storage. Roaf replies “yes”. She asks if there are any other questions from the board or the audience. Having no further questions, Mc Dermot asks, “Do we have a motion to close and discuss and either approve or disapprove this application?” Michael McCarthy makes the motion. Donna Collins seconds the motion. Motion passes unanimously. McDermot asks if there is any discussion. It seems pretty straightforward, she comments. She asks, “Do we want to go through the summary of findings?” McDermot asks if there is proof that it predates zoning. “Yes, 1924,” says the board. McDermot asks how it is nonconforming. “Left side setback,” the board agrees. McDermot asks if it is more or less detrimental to the neighborhood. “L ess,” replies the board. Does the extension/alteration create a new nonconformity? “No,” the board agrees. “Having gone through the summary of findings, do we have a motion to vote on the approval or disapproval of this application,” asks McDermot. Michael McCarthy moves to vote on the application. Donna Collins seconds that motion. The motion unanimously passes. Chair McDermot asks, “How do you vote?” All vote in favor. “Your application has been approved,” McDermot tells Roaf, “and you have a 20-day appeal period.” McDermot says this concludes the agenda and asks for a motion to adjourn the meeting if there are no further concerns or questions. McDermot reminds the Board that there is no meeting in November and the next meeting is December 16. Michael McCarthy makes the motion. Donna Collins seconds the motion. The motion to adjourn passes unanimously. The meeting is adjourned at 8:11 p.m.