Zoning Board of Appeals

RECEIVED By City Clerk at 12:45 pm, 6/23/22 Approved: 6/22/22 MINUTES of the ZONING BOARD OF APPEALS MEETING THURSDAY, May 4, 2022 (Posted in accordance with the provisions of MGL Ch. 39, Sec. 23A, as amended) Council on Aging – 7:00 p.m. 68 Elm St. Amesbury, MA 01913 Attendance: Sharon McDermot (Chair), Donna Collins, David Haraske, and Michael McCarthy Also in attendance: Dir. of Inspectional Services, Vincent Tirone; Recording Admin., Donna Lickteig _______________________________________________ AGENDA 1. MINUTES: January 27, 2022 2. Colin Gerrit of 135 Whitehall Road is seeking to reconfigure their rear property line under the Zoning Ordinance X-I-3 with an abutting parcel located at 131 and 133 Whitehall Road. The parcels are considered pre-existing non- conforming within the assigned zoning districts. 131 Whitehall Road is in the zoning district of R-20. Parcel 135 Whitehall Road has been assigned to the R-40 zoning district, 133 Whitehall is zoned R-40. 3. Gayle Ann Hamilton (owner of record) is seeking a variance under the Zoning Table of Dimensional and Density Regulations Section VI. The property address is 113 Whitehall Road which has been designated to the R-40. The applicant wishes to expand its pre-existing non-conforming use. Chair McDermot called the meeting to order at 7:00pm and read the agenda items and asked if there were any changes to the meeting minutes. The only changes were incorrect Board Member names. Chair McDermot motioned to approve the meeting minutes from January 27, 2022, with edits made Seconded by Michael McCarthy. All in favor. PUBLIC HEARINGS: 135 Whitehall Rd. and 113 Whitehall Rd. Colin Gerrit of 135 Whitehall Road is seeking to reconfigure their rear property line under the Zoning Ordinance X-I-3 with abutting parcels located at 131 and 133 Whitehall Road. The parcels are considered pre-existing non-conforming within the assigned zoning districts. 131 Whitehall Road is in the zoning district of R-20. Parcel 135 Whitehall Road has been assigned to the R-40 zoning district, 133 Whitehall is zoned R-40. ATTY. ADAM COSTA explains that these lots are irregular and curve into each other’s lots. These lots were considered unusable. The residents at all three properties have cleaned out the areas that consisted of trees and weeds and would  Approved: 6/22/22 like to be able to have useable defined space. Atty. Costa explained that they are not near a Conservation area, and that the Planning Board has endorsed this change. The hardship stated on the application is that the residents do not have fully useable lots with the current configuration. David Haraske for documentation from the Planning Board endorsing the change, but according to Atty. Costa, nothing will be put in writing until the Zoning Board approves the request. The Board had no more questions. There was no public comment. Chair McDermot read the Summary of Findings. There is no detriment to the area should the Variance be granted. Chair McDermot motioned to approve. Donna Collins seconded that motion. The Board unanimously voted to grant the Variance to reconfigure 131, 133, and 135 Whitehall Rd. Gayle Ann Hamilton – 113 Whitehall Rd. is seeking a variance under the Zoning Table of Dimensional and Density Regulations Section VI. The property address is 113 Whitehall Road which has been designated to the R-40. The applicant wishes to expand its pre-existing non-conforming use. ATTY. GAGLIARDI askes the Board to change the Variance Request to a Special Permit/Finding request. Atty. Gagliardi explained that a Variance request would be needed only if a new structure was being built. Ms. Hamilton is modifying her pre-existing non-conforming structure only. Chair McDermot motioned to approve. Donna Collins seconded that motion. The Board unanimously voted to change the Variance request to a Special Permit/Finding request. The applicant proposes to renovate and add onto the right side of the existing structure which was constructed in 1953 and pre-dates zoning which went into effect in 1971. The Board had no more questions. There was no public comment. Chair McDermot read the Summary of Findings. There is no detriment to the area should the Variance be granted. Chair McDermot motioned to approve a Special Permit/Finding. Donna Collins seconded that motion. The Board unanimously voted to grant the Variance to reconfigure 131, 133, and 135 Whitehall Rd. Motion to adjourn the meeting at 7:31pm. Motion passed unanimously. NEXT MEETING – May 26, 2022