Zoning Board of Appeals

By City Clerk at 8:08 am, Jul 22, 2022 APPROVED 7.21.22 ZONING BOARD OF APPEALS MEETING MINUTES THURSDAY, June 22, 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. MEETING MINUTES APPROVAL: May 4, 2022 2. An appeal filed by Gary Wright, owner of 46R Birchmeadow Rd., in regard to property owned by Tracy Harris, abutting owner at 49 Birchmeadow Rd. Request for zoning enforcement. 3. Global Property filed an appeal seeking relief due to a denial of a building permit for a permanent bubble structure to cover a soccer field on 12 South Hunt Road in Amesbury. Per the Table of Dimensional Regulations, properties designated within the Industrial Zoned area cannot have structures exceeding 40’ in height and they are proposing a height not to exceed 68’ 4. Nick Cracknell is seeking a Variance under Zoning Ordinance VI.E Accessory Building to add dormers to an existing structure and modify a previous condition of approval to allow for year-round use of single-family structure. The address is 98F South Hampton Rd., RC zoning district, map 11, lot 12 Assessor’s database. Chair McDermot called the meeting to order at 7:06pm and read the agenda items and asked if there were any changes to the meeting minutes. No changes. Chair McDermot motioned to approve the meeting minutes from May 4, 2022, seconded by Michael McCarthy. All in favor. PUBLIC HEARINGS: Global Properties – 12 So. Hunt Rd. It was decided by the Board that the appeal hearing could not take place because a Variance Application had not been submitted to allow this structure, which would require a hearing before the Board. Global Properties will instead submit a Variance Application to be considered before the Board at the meeting scheduled for 7/21/22. 46R & 49 Birchmeadow Rd. – Wright/Harris Atty. Beede, along with Mrs. Wright, asked the Board for a continuation of the appeal filed. They indicated that they may have a resolution to this issue and may cancel the appeal application. The Board approved their request to continue to the next meeting scheduled for 7/21/22. 98E & F S. Hampton Rd. – Nick Cracknell Nick came before the Board to have his home redesignated from an accessory structure/seasonal use to a single-family use year-round. In addition, Nick asked the Board to allow a change to his approved design for a 2-car garage to add dormers to be strictly used for storage purposes only. Nick explained that he bought 2 parcels of land in 2002 and 2011. In 2013, he received a Variance to build a structure with a stipulation from the Health Dept. that he pass Title V. In 2015 the foundation for the home was built. In 2017 he obtained a building permit to build the structure, in addition to receiving an approved septic permit. The building permit received came with a Deed restriction that this home could only have 2 bedrooms and was able to be used as a seasonal residence only. He has also received Conservation Commission approval for all work performed to date. Construction of the garage began in 2021. Donna Collins asked Nick if the septic was complete. Nick stated that a leeching field and tank is installed and has been approved by the septic inspector, however, an additional tank is waiting to be installed at any time when his contractor can perform that work. David Haraske mentioned that a ZBA by-law was in place ruling against dormers in most situations. Nick stated that his situation is unique in that he is surrounded by 550 acres of open space which will not affect any surrounding neighbors detrimentally. The nearest neighbor is ¾ of a mile away. The Board had no more questions. There was no public comment. Sharon McDermott and David Haraske make a motion to discuss. 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 Variance. Donna Collins seconded that motion. The Board unanimously voted to grant the Variance to allow 2 dormers, and re-designation to a year-round use with the stipulation that the dormers can never be used as anything other than storage space. Motion to adjourn the meeting at 8:04pm. Motion passed unanimously. NEXT MEETING – July 21, 2022