Zoning Board of Appeals

ZONING BOARD OF APPEALS MEETING MINUTES Thursday, September 23, 2021 (Posted in accordance with the provisions of MGL Ch. 39, Sec. 23A, as amended) 7:00 p.m. RECEIVED Amesbury Council on Aging 68 Elm Street By City Clerk at 2:04 pm, 2/1/22 Amesbury, MA 01913 Attendance: Sharon McDermot (Chair), Donna Collins, Dave Haraske, Michael McCarthy Also in attendance: Recording Secretary Angela Cleveland _________________________ AGENDA MINUTES of the June 24th and August 26th meeting. A Public Hearing will be held by the City of Amesbury Zoning Board of Appeals at the Amesbury Council on Aging, 68 Elm Street, Amesbury, MA on Thursday, September 23, 2021 at 7:00 pm, to consider the following: Yori C. Thomas is seeking a Home Occupation SPECIAL PERMIT/FINDING under the Amesbury Zoning Bylaw, Section XI.F. The property is located at 25 High Street in an R8 Zoning District (Map 53, Lot 6) according to the Assessor’s database. _____________________________ Chair McDermot called the meeting to order at 7:10 p.m. She asks if she could get a motion to table the minutes of the June 24th and August 26th meetings. Donna Collins made a motion to table the minutes of the June 24th and August 26th meetings. Mike McCarthy seconded the motion to table the minutes of the June 24th and August 26th meetings. The motion is unanimously approved. Chair McDermot invited Ms. Yori Thomas to introduce herself and explain her request for a special permit/finding. Ms. Thomas introduced herself as a chiropractor with a small office set up in her home, in the former dining room. She is a one-woman show. She is open one day a week. It might be two in the future, but it is unlikely to be more than 2 days. She sees one client at a time –no overlapping bookings. There is enough room in her driveway for the patients that she sees, with minimal impact to the neighborhood. She is not making any adjustments or changes to the property. Chair McDermot asks the board if they have any questions for the applicant. Michael McCarthy asks whether the applicant was going to have a sign. Applicant replies that weren’t sure about that. If she is allowed to have a small sign, she would. Chair McDermot says that a small sign is allowed not to exceed two square feet in area which carries the occupant’s name and occupation. Mike McCarthy asks what area of the home is the office is going to be in. Members confirm it is going to be in the dining room. Chair McDermot asks if the members have any additional questions. Seeing none, she asks the audience. She then asks if there is anyone in the audience who would like to speak on the project. Michelle Porier, 3 Sanborn Terrace spoke favorably on behalf of the project and does not have any concerns about the project. She primarily came to talk about parking, but has learned it is not going to be a concern based on the applicant’s application. Tony LeSage accompanied Ms. Porier. Motion to close the public hearing from Donna Collins, seconded by Michael McCarthy. The board unanimously votes to close the hearing. Chair McDermot asked Donna Collins to review the Special Conditions, Section XI.F: 1. No more than one (1) non-resident shall be employed therein; 2. The use is carried on strictly within the principle building; 3. Not more than 40% of the existing net floor area not to exceed 400 square feet is devoted to such use; 4. There shall be no display of good or wares visible from the street; 5. No advertising on the premises other than a small non-electric sign not to exceed two (2) square feet in area carrying only the occupant’s name and occupation, such as physician, artisan, teacher, nurse, lawyer, architect, salesman, engineer, clergyman, accountant, dentist, and similar occupations or professions; 6. The buildings or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emission of odor, gas, smoke, dust, noise electrical disturbance or in any other way; 7. In a multi-family dwelling the use shall in no way become objectionable or detrimental to any residential use within the multi-family structure; 8. Any such building shall include no feature of design not customary in buildings for residential use; 9. Such uses as clinics, barbershops, bakeries, gift shops, beauty parlors, tea rooms, tourist homes, animal hospitals, kennels, and others of a similar nature shall not be considered home occupations. Chair McDermot asks the board if it is ready to proceed to the summary of findings. They say they are. She asks if the use currently exists in the table of uses. All say “yes”. She asks if it is essential/desirable to public convenience/welfare. All say “yes.” She asks if will not create undue traffic/impeded pedestrian safety. All say “it will not.” She asks that it will not overload public systems. All say “correct”. She asks if the special conditions of Section XI are satisfied. All say “yes”. She asks if that it will not impair the character/health, welfare of the district. All say “correct”. She asks that it will not create excess use of the neighborhood. All say “correct”. She asks if there is a motion to approve or disapprove the application. Donna Collins makes a motion to approve the application. Dave Haraske seconds the motion to approve the application. The application is unanimously approved by the Board. McDermot asks if there is any further business to discuss at the meeting. As there is none, she asks if there is a motion to adjourn the meeting. Donna Collins makes a motion to adjourn the meeting. Dave Haraske seconds the motion to adjourn the meeting. The meeting is adjourned by unanimous vote of the Board. McDermot adjourns the meeting at 7:18 p.m.