Zoning Board of Appeals

By City Clerk at 9:43 am, Mar 24, 2023 Approved at the ZBA Meeting of 3.23.23 City Hall – 7:00 p.m. / 62 Friend St., Amesbury, MA 01913 Attendance: Sharon McDermot (Chair), Donna Collins, David Haraske, and Michael McCarthy Also in attendance: Vinny Tirone, Dir. of Inspectional Services; Donna Lickteig, Recording Secretary _______________________________________________________ AGENDA 1. MEETING MINUTES APPROVAL: September 22, 2022 2. Special Permit – Cortez – 3 Erin Rd. – create in-law apartment. (Continued from 9/22/22 meeting) 3. Special Permit/Finding – Webster – 8 Star Ln. – create a mudroom on legal non-conforming structure. 4. Special Permit/Finding AND Variance – Kreft – 8 Birch Ln. – demolish and re-build a single-family dwelling on a non- conforming parcel. Chair McDermot called the meeting to order at 7.02 pm 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 September 22, 2022, seconded by Donna Collins. All in favor. PUBLIC HEARINGS: FINDING: Ardis Cortez – 3 Erin Rd. – in-law apartment – Section X.1 – K.2 of the Amesbury Zoning By-laws - CONTINUED At the hearing on September 22, 2022, Ms. Cortez was asked to provide proof that the property sits in an RC (Residential Cluster) zoning area in order to approve the request for an in-law apartment. Ms. Cortez presented the Board with documentation. 1. Chair McDermott made a motion to discuss. The Board had no further questions. 2. Chair McDermott read the Summary of Findings. 3. Finding no issues, Chair McDermott made a motion to vote to approve the Finding. 4. Donna Collins motioned to approve the Finding. David Haraske seconded the motion. The Board unanimously voted to grant the FINDING to construct an in-law apartment. PRIOR TO HEARING THE NEXT TWO CASES, CHAIR SHARON MCDERMOTT MADE AWARE THAT SHE  Approved at the ZBA Meeting of 3.23.23 WAS AN ABUTTER TO BOTH PROPERTIES LOCATED AT 8 STAR LN. AND 8 BIRCH LN. SHE ADVISED THAT SHE WOULD WITHDRAW FROM HEARING THESE CASES IF THE PARTIES PRESENT HAD AN OBJECTION. ATTY. PAUL GAGLIARDI, REPRESENTING BOTH PARTIES (Webster and Kreft) DISCUSSED AND IT WAS DECIDED THAT THE MEETING WOULD MOVE FORWARD AND THERE WOULD BE NO ISSUE WITH CHAIR MCDERMOTT VOTING. FINDING: Dianne Webster – 8 Star Ln. – mudroom addition – Section IX (B) Non-conforming structure/parcel Ms. Webster has come before the board to alter a mudroom on the front of her pre-existing non- conforming structure that sits on a non-conforming lot. Atty. Gagliardi spoke and re-iterated the information stated on the application for Special Permit/Finding. Specifically, the Applicant added a 10’ x 8’ mudroom onto the front of the house pursuant to an issued building permit on 10/27/20. The mudroom at the time did not conform to zoning due to insufficient side yard requirements. Ms. Webster is requesting to alter this structure, which would bring the structure closer to the minimum side yard requirements. Atty. Gagliardi states that the by- law provides a mechanism to allow property owners to alter existing non-conforming structures and since the alteration would be more compliant, he feels the Board should approve the Finding request. 1. Chair McDermott made a motion to discuss. The Board had no further questions. 2. Chair McDermott read the Summary of Findings. 3. Finding no issues, Chair McDermott made a motion to vote to approve the Finding. 4. Donna Collins motioned to approve the Finding. Sharon McDermott seconded the motion. The Board unanimously voted to grant the FINDING to alter the existing mudroom. FINDING & VARIANCE: Kreft – 8 Birch Ln. – raze and re-build single-family dwelling – Sect. IX (B) Non-conforming structure/parcel Mr. York Kreft appeared before the Board. Mr. Kreft is proposing to raze the structure located at 8 Birch Ln. and re-build with a single-family dwelling. A FINDING is required because this will not meet minimum side/front/rear setbacks. A VARIANCE is required to add a garage with insufficient side/front setbacks. Atty. Gagliardi spoke on behalf of Mr. Kreft and read over the application to the Boar. Mr. Kreft spoke and stated that he has obtained an Order of Conditions from the Conservation Dept. to move forward with this project. In addition, since the existing height of the home is increasing from 13’ to  Approved at the ZBA Meeting of 3.23.23 33’, he has stated that the one neighbor whose view would be affected has signed a letter of support, along with his abutting neighbors, in order for the Kreft’s to proceed with this project. 1. Chair McDermott made a motion to discuss the FINDING. The Board had no further questions. 2. Chair McDermott read the Summary of Findings. 3. Finding no issues, Chair McDermott made a motion to vote to approve the Finding. 4. Donna Collins motioned to approve the Finding. Michael McCarthy seconded the motion. The Board unanimously voted to grant the FINDING to raze and rebuild a single-family dwelling. 1. Chair McDermott made a motion to discuss the VARIANCE. The Board had no further questions. 2. Chair McDermott read the Summary of Findings. 3. Finding no issues, Chair McDermott made a motion to vote to approve the Variance. 4. Donna Collins motioned to approve the Variance. Sharon McDermott seconded the motion. The Board unanimously voted to grant the VARIANCE to raze and rebuild a single-family dwelling, Motion to adjourn the meeting at 8:15pm. Motion passed unanimously. NEXT MEETING – January 26, 2023