Zoning Board of Appeals

Approved: 9.28.23 By City Clerk at 8:53 am, Oct 02, 2023 MINUTES of the ZONING BOARD OF APPEALS MEETING THURSDAY, June 29, 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 McDermot (Chair), Donna Collins, David Haraske, Donna Collins, Michael McCarthy Also in attendance: Building Inspector Vincent Tirone, Recording Admin. Asst. Donna Lickteig _______________________________________________ Call to Order Roll Call/Attendance Minutes for Approval – 4/27/23 Topics for Discussion: 1. Erik Primack is seeking a Special Permit/Finding for a residential conversion at 4 Field St. from a single-family home to a 2-family home in accordance with Section XI.KI of the Amesbury Zoning By-laws. 2. Gerard Bouvier is seeking a Special Permit/Finding for an in-law apartment at 113 Pleasant Valley Rd. pursuant to XI.K.2 of the Amesbury Zoning By-laws 3. Pursuant to Massachusetts General Laws Chapter 40A, Section 10, Paul Gagliardi is requesting a variance extension from the height restriction, which was granted on July 21, 2022, for an additional six months ending January 21, 2024, for the proposed bubble located at 12 South Hunt Road, Amesbury Ma. 01913. Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Approved: 9.28.23 April 27, 2023, Meeting Minutes Chair McDermot called the meeting to order at 7:02pm Chair McDermot read the agenda items. Chair McDermot asked the board if they had any changes to the minutes. Chair McDermot motioned to approve the minutes from April 27, 2023. Seconded by Michael McCarthy. All in favor. PUBLIC HEARINGS: Chair McDermot motioned to re-order the agenda hearing Item #3 first Pursuant to Massachusetts General Laws Chapter 40A, Section 10, Paul Gagliardi is requesting an extension of the variance approved on July 22, 2022, for the proposed bubble located at 12 South Hunt Road, Amesbury Ma. 01913. There was no public comment. Moved by Sharon McDermot to approve the extension until January 21, 2024. David Haraske seconded. The Board unanimously voted for the extension to be approved. Erik Primack is seeking a Special Permit/Finding for a residential conversion at 4 Field St. from a single-family home to a 2-family home in accordance with Section XI.KI of the Amesbury Zoning By-laws. Mr. Primack addressed the Board stating that the home was abandoned, foreclosed, and an eyesore to the neighborhood. He feels that he meets all the required zoning provisions to move forward. Donna Collins questions whether this is an actual conversion to a 2-family dwelling because according to the information provided it appears that it is an added structure. Erik Primack states that these are two separate units connected by 2 garages. David Haraske asks for clarification on where the actual units are facing in relation to what street they are on to determine setback requirements. The property in question is on a corner and encompasses Field St. and Chase St. Erik Primack states that each unit will have its own address. Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Approved: 9.28.23 David Haraske informs Mr. Primack that to have a two-family dwelling, you cannot have two separate street addresses. Charles Basler also questions whether this is a two-family dwelling. He asks Mr. Primack if each side would be sold separately and if so, then this would not constitute a two-family dwelling. Erik Primack states that each side would be sold separately. Erik Primack provides the Board with a drawing that he states was uploaded to his application on-line two weeks ago which the Board did not receive. The Office was not aware of an updated drawing, and this added document was submitted past the deadline for the meeting. The updated drawing shows two separate units, connected by two garages in between, and also shows a change in the driveway layout. In addition, Mr. Primack states that these are condominiums, rather than what was posted and applied for as a conversion from a single-family dwelling to a two-family dwelling. Vinny Tirone states that a two-family dwelling typically has one owner and are not to be sold separately as they are deeded to one owner. Donna Collins agrees with Mr. Tirone. Michael McCarthy notes a change in the parking from four spaces to six spaces. Mr. Primack states that he had approval from the Planning Board and Inspectional Services prior to purchasing this property to do a conversion but provides no documentation from either party. Sharon McDermot opens the discussion for public comment, limiting each speaker to 3-4 minutes: Nick Motsis, Donna Motsis, Katie Hernandez, Laura Nikas, Glenn Curry, and Jim Sweeney each addressed the Board. Their concerns are: 1. This was advertised as a two-family conversion, but in fact these are condominiums. 2. The areas in question (Field St. and Chase St.) are extremely narrow and cannot withstand added traffic. 3. The property is currently in disarray. The outside is overgrown and littered with debris. Based on the condition of the property, the residents do not feel confident that the property will be properly kept up. 4. The previous owner was denied by the ZBA to convert this property to a two-family dwelling. 5. Field St. frontage requirements do not support the dwelling conversion proposed. Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Approved: 9.28.23 David Haraske requests documentation be provided by Inspectional Services showing the previously denied application. The application submitted by Mr. Primack was not completely filled out and this question was not answered on the application. Sharon McDermot reads two emails from Lindsey Pappas and Laura Owens who are also opposed to this conversion for the same reasons listed above by the abutters. Chair McDermot calls Mr. Primack back to see if he has further comments regarding the concerns of the abutters. Mr. Primack provides the following comments: 1. The previous owner had 2 cars and a commercial leaf blower so he doesn’t believe the added vehicles would be an issue (from 4-6). 2. He feels that the added building has the proper lot size to accommodate the structure. 3. He states that the inside of the dwelling was uninhabitable and admits that the upkeep outside has not been maintained. 4. He states that he feels a two-family dwelling can be two separate units attached by a garage in the middle without it not being a condominium, although he stated previously that he is in fact building two condominiums. Sharon McDermot makes a motion to discuss. The Board discusses issues with the following: 1. The application states a conversion, but it is two condominiums. 2. An updated drawing was submitted after the fact showing two separate units rather than a conversion. 3. It is discussed that the Board can make stipulations on the type of design for the structure. 4. The Board discusses if the decision to continue a case is made before a denial is voted. Typically when the Board or neighbors have asked for changes that the applicant is willing to consider, they are allowed to make those changes and present them at the next meeting. Once a project is denied, they cannot come back with the same plan within two (2) years. They would need to come back with something substantially different for the same property if they want to proceed sooner than two (2) years, which would require a new application. 5. It is discussed that when appearing before the Board, the application/newspaper advertisement/intent must coincide. (The application is for a two-family dwelling. The Applicant is stating it is condominiums after the fact.). Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Approved: 9.28.23 Sharon McDermot goes through the Summary of Findings. 1. Currently exists in the Table of Uses? No 2. Is essential/desirable to public convenience/welfare? Not as presented. 3. Will not create undue traffic/impede pedestrian safety? May or may not 4. Will not overload public systems? n/a 5. Special Conditions (Section XI) satisfied? No 6. Will not impair character/health/welfare of district? It will. 7. Will not create excess of use in neighborhood? No. Sharon McDermot motion to approve/deny: Charles Bassler – denied Donna Collins – denied Sharon McDermot – denied David Haraske – denied Michael McCarthy - denied The Board voted unanimously to deny the application for a conversion of a single-family dwelling to a two- family dwelling. Gerard Bouvier is seeking a Special Permit/Finding for an in-law apartment at 113 Pleasant Valley Rd. pursuant to XI.K.2 of the Amesbury Zoning By-laws Mr. Bouvier addresses the Board with his request for an in-law addition to be connected to his main house via a breezeway with an unlocked door between the two dwellings. Mr. Bouvier shows the Board a larger plan of his land showing that he owns two lots, and he has more than enough land required to meet the setback requirements. No questions from the Board. Summary of Findings read. Motion to approve/deny: Donna Collins – approve Michael McCarthy – approve Sharon McDermot – approve Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Approved: 9.28.23 Charles Basler – approve David Haraske – approve. The Board voted unanimously to approve the application for an in-law apartment at 113 Pleasant Valley Rd. ANNOUNCEMENTS: 1. Michael McCarthy will be leaving the Board in two months. 2. the meeting scheduled for July 27, 2023 has been cancelled. THE MEETING ADJOURNED AT 8:25PM NEXT MEETING: August 24, 2023 Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE