Zoning Board of Appeals

By City Clerk at 9:07 am, May 01, 2023 Approved: 4/27/23 ZONING BOARD OF APPEALS MEETING MINUTES THURSDAY – March 23, 2023 (Posted in accordance with the provisions of MGL Ch. 39, Sec. 23A, as amended) City Hall – 7:00 p.m. / 62 Friend St., Amesbury, MA 01913 Attendance: Sharon McDermott (Chair), Donna Collins, David Haraske, Michael McCarthy, and Charles Bassler Also in attendance: Vinny Tirone, Dir. of Inspectional Services; Donna Lickteig, Recording Secretary _______________________________________________________ AGENDA 1. Meeting Minutes Approval: December 15, 2022 2. Eagles Crossing, LLC – to request a 1-year extension of the Comprehensive Permit issued for the Eagle Point Project at 29 Clarks Rd. – Amesbury, MA, extending the current deadline to commence construction of June 26, 2023, to June 26, 2024. 3. Global Property Developers Corp. and Marcus Partners, Inc. – 24 So. Hunt Rd. – Variance application to have a height allowance of up to 46’ under Section VIB – Table of Density Regulations of the Amesbury Zoning Ordinance. 4. Global Property Developers Corp. and Marcus Partners, Inc. – 24 So. Hunt Rd. – Special Permit/Finding application accessory outside storage under Section V.D. of the Amesbury Zoning Ordinance 5. VC Detailed Properties – 13 High St. – Special Permit/Finding and Variance application request to modify a non-conforming single-family structure to a two-family dwelling Under Section XI.K.1 and Section IX.B of the Amesbury Zoning Ordinance. 6. Robin Cohn – 27 River St. – Special Permit/Finding request to convert a single-family dwelling to a two- family dwelling under Section XI.K1 of the Amesbury Zoning Ordinance. Previous ZBA approval has expired. 7. Approval of Year 2023 Meeting Calendar Chair McDermott called the meeting to order at 7:10 pm and read the agenda items and asked if there were any changes to the meeting minutes. No changes. Chair McDermott motioned to approve the meeting minutes from December 15, 20222, seconded by Donna Collins. All in favor. Chair McDermott started the meeting by introducing new member to the Zoning Board of Appeals, Charles Bassler. Chair McDermott informed the Board that we would be re-arranging the agenda to hear the case of Eagles Crossing last. Chair McDermot informed the Board that 27 River St. and 13 High St. would be removed from the agenda  Approved: 4/27/23 and heard at the next meeting scheduled for April 27, 2023. PUBLIC HEARINGS: 1. Global Property Developers Corp. and Marcus Partners, Inc. – 24 So. Hunt Rd. – Variance application to have a height allowance of up to 46’ under Section VIB – Table of Density Regulations of the Amesbury Zoning Ordinance. Attorney Paul Gagliardi opened the discussion on behalf of Global Property Developers Corp. and Marcus Partners, Inc. Munter’s Corporation is proposing to relocate to 24 So. Hunt Rd. Due to the extreme sloping of the industrial property, in order to locate their building without severe impact to vegetation, earth removal, stormwater management, and extreme costs for retaining walls for bracing of earth, the location best suited for the building due to the topography challenges presently at the site requires them to submit a request to waive the 40’ height requirement to 46’. They hope to only increase the height to 44’ but have added an extra 2’ buffer in case any unforeseen issues arise during the building process. Andrew Mack from Marcus Partners explained to the Board that they have considered placing the new structure in many areas but again, due to the extreme slope of the property unique to this industrial site, no other location on the site is feasible while trying to minimize soil disruption, maintain stormwater management, and respect and not disturb the natural resources in the area. QUESTIONS: Member Dave Haraske inquires whether the retaining wall planned is engineered. Mr. Mack states that is it. Vinny Tirone, Dir. of Inspectional Services, provides comment that a structure previously approved, a “bubble structure” is not moving forward and the height allowance for that structure was approved and exceeds the 6’ allowances that is being requested this evening. 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 VARIANCE. 4. Donna Collins motioned to approve the VARIANCE. Michael McCarthy seconded the motion. The Board unanimously voted to grant the VARIANCE to increase the height allowance from 40’ to 46’.  Approved: 4/27/23 2. Global Property Developers Corp. and Marcus Partners, Inc. – 24 So. Hunt Rd. – Special Permit/Finding application to construct an open-air outside accessory structure under Section V.D. – Table of Density Regulations of the Amesbury Zoning Ordinance. Attorney Paul Gagliardi opened the discussion on behalf of Global Property Developers Corp. and Marcus Partners, Inc. Atty. Gagliardi informs the Board that this proposal is also being viewed by the Planning Board. He feels that in order to move forward, the ZBA must first make a decision as to whether or not the storage area can be constructed prior to approval from the Planning Board since it is not clear to some. Specifically, he states that the Amesbury Zoning By-Laws state that a Special Permit must be obtained prior to seeking approval from the Planning Board. The Board agrees to hear the request for a Special Permit/Finding and will make a determination with a contingency that the applicant receives Planning Board approval. Atty. Gagliardi elaborates on the what the accessory storage is. Atty. Gagliardi states that this is actually an open-air storage area that is not enclosed to store finishes product prior to moving and is vital to the operation of the proposed business that is trying to relocate to the site. This will essentially be a “pad” to place product on. QUESTIONS: Member Bassler inquires about screening of this storage area. He feels that this area can be viewed from the highway and feels is should be screened. Andrew Mack presented a drawing showing existing vegetation, and proposed added vegetation that will be planted, assuring the Board that this area will be screened properly. Vinny Tirone, Dir. of Inspectional Services, inquires whether or not this area is ancillary to support the primary use of the primary structure. Mr. Mack states it is. The Board discussed other concerns, but these concerns would be handled and remedied when they move to approval from the Planning Board and Mr. Tirone assures the Board that he will work with the Planning Board to make sure any issues are resolved. 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 SPECIAL PERMIT/FINDING contingent on Planning Board Approval. Donna Collins motioned to approve the SPECIAL PERMIT/FINDING. Dave Haraske seconded the motion. The Board unanimously voted to grant the SPECIAL PERMIT/FINDING for an open-air outside accessory structure with the stipulation the applicant submit a site plan review  Approved: 4/27/23 3. Eagles Crossing, LLC – to request a 1-year extension of the Comprehensive Permit issued for the Eagle Point Project at 29 Clarks Rd. – Amesbury, MA, extending the current deadline to commence construction of June 26, 2023, to June 26, 2024. Alex Lowe, Project Manager for Eagles Crossing takes the floor to address the Board. A Chapter 40B housing development was originally approved in 2008. Since this time, the property has been sold multiple times. In 2019, a final permit from previous appeals, multiple extensions, sales, delays from COVID was issued. A one-year extension from the expiration date of 6/26/23 to 6/26/24 is being requested. QUESTIONS: Based on the paperwork submitted, there are numerous references to changing this development from Chapter 40B to Chapter 40R and the Board does not feel that an extension can be given if it is not applicable to the original permit stating Chapter 40B. Alex has explained that the intention moving forward, which is still being discussed for approval with City Council and then the State, would be to build a Chapter 40R housing development. He is hoping to receive that approval prior to the deadline, but the approval for a Chapter 40R is denied, then they would go ahead and build under the original plan of Chapter 40B. He made clear that he is asking the Board to only vote to extend the original Chapter 40B agreement with no additional changes. Tracy Chalifour, a resident of Clark’s Rd., takes the floor. Ms. Chalifour states she has been involved in the project from the inception and feels the Board should not grant the extension because she feels this project would be an infringement to Birchwood Pointe Condominiums. Further, she expressed concern for a proposed Chapter 40R and feels that if that is approved, high-rises would be built and would not look good in the area. Discussion from the members of the Board: Charles inquires whether or not the Planning Board is active in the change to Chapter 40R. Vinny states that the Planning Board has limited information at this time. Dave Haraske feels that if we give extension, on any permits, that progress reports must be provided so we are able to inform the public on the status.  Approved: 4/27/23 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 one-year extension with the stipulation that the applicant will appear before the Board in 6 months and provide a progress report and status of the project. Michael McCarthy motioned to approve the one-year extension. Dave Haraske seconded the motion. The Board unanimously voted to grant the one-year extension of the Comprehensive Permit. 4. Year 2023 Meeting Calendar The Board voted unanimously to approve the Year 2023 meeting calendar schedule. Motion to adjourn the meeting at 8:40pm. Motion passed unanimously. NEXT MEETING – January 26, 2023