Zoning Board of Appeals

By City Clerk at 3:10 pm, Jan 29, 2024 Approved: 1/25/24 MINUTES of the ZONING BOARD OF APPEALS MEETING THURSDAY, September 28, 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, & Charles Bassler Also in attendance: Building Inspector Vincent Tirone, Recording Admin. Asst. Donna Lickteig _______________________________________________ Call to Order Roll Call/Attendance Minutes for Approval – June 29, 2023 Topics for Discussion: 1. John Delandy, Contractor, on behalf of Peter O’Loughlin is seeking a Special Permit for an in-law apartment at 15 Fourth St. pursuant to Zoning Ordinance XI Special Conditions K.2 In-Law Apartments. 2. Stephen Watt of 7 Old County Road, Amesbury is seeking a Special Permit/Finding pursuant to Amesbury Zoning Ordinance XI Special Conditions K.1 Residential Conversions from single family to a two-family. Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Chair McDermot called the meeting to order at 7:10pm Chair McDermot read the agenda items. Chair McDermot asked the board if they had any changes to the meeting minutes. Chair McDermot motioned to approve the minutes from June 29, 2023. Motion by David Haraske, seconded by Donna Collins. All in favor. PUBLIC HEARINGS John Delandy, Contractor, on behalf of Peter O’Loughlin is seeking a Special Permit for an in-law apartment at 15 Fourth St. pursuant to Zoning Ordinance XI Special Conditions K.2 In-Law Apartments. Mr. Delandy addressed the Board with the request to add a garage with an in-law apartment above for an in-law apartment. Charles asked if separate meters were to be installed. Mr. Delandy stated that there will not be. Sharon asked if there would be a common unlocked door. Mr. Delandy stated there will be off the breezeway. Chair McDermot makes a motion to Discuss: Donna Collins, seconded by Dave Haraske Summary of Findings read by Chair McDermot, and Donna Collins read the special permit conditions pertaining to in-law apartments. Chair McDermot makes a motion to approve/deny: Donna Collins, seconded by Dave Haraske Donna Collins – approve Sharon McDermot – approve Charles Basler – approve David Haraske – approve The Board voted unanimously to approve the application for an in-law apartment at 15 Fourth St. Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Stephen & Allison Watt of 7 Old County Road, Amesbury is seeking a Special Permit/Finding pursuant to Amesbury Zoning Ordinance XI Special Conditions K.1 Residential Conversions from single family to a two-family. Mr. & Mrs. Watt addressed the Board stating their intention to convert their single-family home to a two- family home via an open connector leading to a garage with a 2-bedroom living space above to accommodate their handicapped daughter. Mr. & Mrs. Watts state that if required, they would consider enclosing the connector leading to the added living space. Charles asked if this would be metered separately, separately deeded, and questions why this is separate from the main home. Mr. & Mrs. Watt states that it will be metered separately as it is a separate residence, the Deed will not be split and will remain in their name with no future plans to sell separately or convert to a condominium, and explained that due to the area they wish to construct there is more land and cannot connect to the house due to an under garage on that side of the home. Donna Collins states that this is not a two-family, but rather a separate structure and not a conversion. Donna asks why they would not consider an in-law apartment. Mr. & Mrs. Watt explains that because an in— law apartment can only be sized a maximum of 30% gross living based on the original home, this size would not accommodate the living space required for their daughter. Donna expands and explains to the Watt’s that this not a conversion and states what a two-family dwelling is and why this is considered a separate structure. Even though the area is zoned for a two-family home, a connector is not deemed appropriate to lessen the fact that these are two structures. Vinny asked the Watt’s if they would like to continue with their application but withdraw to provide a new strategy or consider an in-law apartment application and the Watt’s chose to move forward. Chair McDermot makes a motion to discuss: Donna Collins, seconded by Charles Bassler The Board discusses the following: The application states a conversion, but by design it is considered a separate structure. Charles feels that you need to look at the intent & design because he feels that a two-family home/2nd structure are vague. Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE Concerns of other members are previous cases that were heard before the Board that were similar and were denied. In addition, Dave feels that the setup proposed could lead to condominium conversion/separate Deed further down the line because it is not attached to the home. Sharon agrees with Dave’s assessment and feels that approval of a conversion must be consistent with all past conversions approved. Donna found the legal definition of a two-family dwelling which states: “One building containing two residences”. There was nothing in the definition referencing a connector to a separate structure. Summary of Findings read by Chair McDermot, and Donna Collins read the conditions of a two-family conversion. Chair McDermot made a motion to approve/deny: Charles Bassler, seconded by Donna Collins Charles Bassler – approve Donna Collins – denied Sharon McDermot – denied David Haraske – denied The Board voted 3 to 1 to deny the application for a conversion of a single-family dwelling to a two-family dwelling. ANNOUNCEMENTS: 1. The meeting scheduled for October 26, 2023, has been cancelled. THE MEETING ADJOURNED AT 8:13PM NEXT MEETING: December 14, 2023 Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE  Vinny Tirone, Director Municipal Development Center • 39 South Hunt Road • Amesbury, MA 01913 P (978) 300-8151 • tironev@amesburyma.gov MAKE HISTORY HERE