Zoning Board of Appeals

RECEIVED By City Clerk at 2:55 pm, 2/1/22 ZONING BOARD OF APPEALS MEETING MINUTES Thursday, August 26, 2021 (Posted in accordance with the provisions of M.G.L. Ch. 39, Sec 23A, as amended) 7:00 p.m. City Hall Auditorium 62 Friend St. Amesbury, MA 01913 Attendance: Sharon McDermot (Chair), David Haraske, Michael McCarthy, and Donna Collins Absent: Matt Vincent Also in attendance: Recording Secretary Donna Lickteig; Ernest Creveling, Zoning Compliance Officer ________________________ Chairwoman Sharon McDermot calls the meeting to order at: 7:03pm Chair announces that the agenda includes minutes of the 6/24/21 meeting and two public hearings. 1. Yiling (Ellen) Lin is seeking a SPECIAL PERMIT/FINDING under the Amesbury Zoning By‐law, Section VI.F:13, to have a chicken coop. This property is located at 5 Lake Avenue, Amesbury, MA in an R8 zoning district (map 39/lot 37) according to the Assessor’s database. 2. Diane & Phillip Cole are seeking a SPECIAL PERMIT/FINDING under the Amesbury Zoning By‐ law, Section VI.F:13, to extend/alter a pre‐existing non‐conforming structure. This property is located at 1 Amesbury St., Amesbury, MA in an R8 zoning district (map 41/lot 76) according to the Assessor’s database. MINUTES Chair McDermot asks if there are any questions, comments, or concerns about the minutes of 6/24/21. Donna Collins has not had a chance to review so a motion is made to discuss at the next meeting. PUBLIC HEARING #1 McDermot reads into the record: Yiling (Ellen) Lin is seeking a SPECIAL PERMIT/FINDING under the Amesbury Zoning By‐law, Section VI.F:13, to have a chicken coop. This property is located at 5 Lake Avenue, Amesbury, MA in an R8 zoning district (map 39/lot 37) according to the Assessor’s database. Chair McDermot invites Yiling (Ellen) Lin to the podium to present her request for special permit/finding. Lin states the following:  She would like to be granted a Special Permit/Finding retroactive to January 2014. This is when she converted her shed to a chicken coop.  She stated her lot size is greater than 10K sq. ft. at 13,164 sq. ft.  She stated that since January 2014, she has never received any complaints, does not have roosters, her yard is fenced in, food is stored in metal containers, there have never been rodents, there is an 80’ x 70’ run for her chickens, and she cleans the coop once weekly.  She also stated that she has these chickens as pet therapy for her ailing father and that within two (2) years the chickens will no longer be there and she does not plan to add more chickens. Donna Collins asks what the by‐law states for square footage requirements to have a chicken coop. The by‐law states 20K sq. ft. (Lin has 13,164 sq. ft.). A letter is read from residents from 47 Orchard St., Apts. A & B that live nearby in favor of allowing Lin to keep her chicken coop. Andrea Howes comes to the podium and states that she has lived at 45 Orchard St. since 1975 and is vehemently opposed to allowing Lin to have a chicken coop. She states that the Lin property is overgrown, attracts skunks and animals, and that her grandchildren are afraid. Joe Faro comes to the podium, he also lives at 45 Orchard St., and states that this chicken coop is in violation of the zoning ordinance. He feels that there is no hardship or difficulty that would allow a Special Approval/Finding Permit in favor of Lin keep her chicken coop. He states that there are odors and that if Ms. Lin calls the chickens emotional therapy pets that she would need a license. In addition, he states the chickens attract mice, rats, skunks, and coyotes. David Randall comes to the podium and states that he lives at 10 Lake St. and is opposed to Ms. Lin having the chicken coop. He states that she is in violation of the zoning bylaws for the following reasons: 1. Her lot size is less than 40K sq. ft. 2. The chicken coop is not 20’ away from residence. 3. The chicken coop enclosure is not 100’ away from neighbor’s property line. 4. She exceeds 6 chickens. 5. The fencing is not sufficient. 6. The coop is not located in the rear yard. 7. The coop is not 200’ from a watershed (Lake Gardner). 8. No building permit or fence permit was obtained. Bob Randall comes to the podium and states that he lives at 12 Lake Ave. Mr. Randall says that it is unknown where the property line is so the fence may not be located in the correct area. Since his property abuts this fence, he wants a property line established. Lin comes to the podium to address the issues stated by the abutters and offers the following: 1. The mess that was mentioned by Ms. Howes is not owned by her and not her property. 2. Since the watershed is in the area, animals will naturally be attracted to it and doesn’t feel that her chickens are the cause of any animal activity. 3. She stated that David Randall ran a daycare and used to bring the children over to see the chickens and doesn’t understand why, after having them since 2014, this is suddenly an issue. 4. She feels she is being targeted because of COVID and because she is Asian. 5. She states her property is 263’ from the watershed (Lake Gardner). 6. She states that the neighbor who lives at 8 Lake Avenue, which is the closest proximity to her, has never complained about the chicken coop (odors, noise, etc.). Dave Haraske asks Lin where the chicken coop is placed. Lin states it is located in the side/back area and is a converted shed. Donna Collins asks if the 12 x 18 sq. ft. shed is 100’ from the neighbors and Lin states that she doesn’t know. Donna Collins asks if the fencing is wood, or vinyl as required. Lin states that it is not. Donna Collins asks if she has papers claiming the chickens to be service animals, and are their wings clipped. Lin states no to each question. Sharon McDermot closes the meeting for discussion. Based on the review of the testimonies, and based on the Amesbury Zoning By‐laws, Sharon asks for a motion to approve or deny. A motion by Michael McCarthy, seconded by Donna Collins, made unanimous, to DENY the special permit/finding was made. PUBLIC HEARING #2 1. McDermot reads into the record: Diane & Phillip Cole are seeking a SPECIAL PERMIT/FINDING under the Amesbury Zoning By‐law, Section VI.F:13, to extend/alter a pre‐existing non‐ conforming structure. This property is located at 1 Amesbury St., Amesbury, MA in an R8 zoning district (map 41/lot 76) according to the Assessor’s database. Chair McDermot invites Atty. Paul Gagliardi (representing the Cole’s) to the podium to present his request for special permit/finding. Gagliardi states that the property in question is a pre‐existing non‐conforming structure and asks to have that definition extended because the addition would not be detrimental to the neighborhood. He states that structure does not comply with front and side yards, but the addition will be located in the back and will be well within the rear setbacks. Sharon McDermot asks if the Board has any questions. The Board does not. Susan Bruce is asked to the podium and she states that she lives at 48 Congress St. and has no objection to this addition. David Haraske asks about the elevation in the rear yard and is told that the elevation is flat. Sharon McDermott closes the meeting for discussion. David Haraske states that he has no objection to allowing this addition since the addition falls within the rear setback requirements. A motion by Donna Collins, seconded by Michael McCarthy, made unanimous to APPROVE the special permit/finding is made. The vote to adjourn is unanimous. The meeting is adjourned at 7:55pm