Zoning Board of Appeals

CITY OF EASTHAMPTON ZONING BOARD OF APPEALS 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes Wednesday, January 22, 2020 Board X John Atwater * X Anthony Karella X Fran Hamel ~ Members: X Linda Bush å X Jared Olinski * ZBA Chair | å Vice-Chair | ~ Associate Board Member (x) present | (-) absent | (L) late City officials: Jamie Webb, Assistant Planner Other attendees: See attached sign-in sheet Administrative Items s Motion to approve the minutes of 11/20/2019 ⦁ Motion by: Tony ⦁ Seconded: Fran ⦁ Approved by a vote of five (5) in favor and none (0) against s Correspondence/Requests for comment from other boards, committees, officials, etc. à none s Public Comments / Public Speak à none Public Hearings William Lee Giroux, seeking a special permit to create an accessory apartment in an existing detached structure on a single-family residential lot in accordance with sections 8.5 and 12.7 of the Easthampton Zoning Ordinance. Subject property is located at 36 Holly Circle (parcel ID 166-55) and zoned Residential Rural B (R40). Applicant Presentation / Board Q&A s William Lee Giroux à property was purchased last November with an existing unfinished apartment above the detached garage. Would like to finish construction of the accessory apartment and have mother move in. The apartment was roughed in by the previous owner but never completed. Public Comments s Laurie Garcia, 30 Holly Circle à not here to cause problems but the house is the largest property on the street. Was very concerned when the previous owner started building the accessory building because trees were cut down and it was very tall and blocked views of the mountain. Filed a complaint in 2011. Was built as a garage for previous owner’s construction vehicles. Now concerned that the apartment could be rented to anyone and not just as a mother-in-law. s Kirby Detmers, 34 Holly Circle à was also concerned when the garage went up. Was informed that the building was going to be Matt Gawle’s (previous owners) office but that didn’t happen. When we bought our property, we had to sign a declaration of restrictive covenants that did not allow anything other than private dwellings arranged for the occupancy of one family. Is surprised because the building was put up as an office and now it’s going to be more than that. s Eugenio Garcia, 30 Holly Circle à question: what is the building used for now? ⦁ John Atwater à currently a garage with an unfinished 2nd floor s Laurie Garcia à it’s weird that a building with an attached garage needs another garage. Is there a limit to the number of garages on a property? ⦁ John Atwater à yes, but the attached garage is not an accessory structure 1 of 5 Zoning Board of Appeals Wednesday, January 22, 2020 ⦁ Linda Bush à accessory apartments are allowed in all residential zones provided that the owner lives on the property. The City does not enforce private deed restrictions. We enforce zoning. s Mike Whittemore, 35 Holly Circle à was the application posted online? ⦁ Laurie Garcia à yes, it was posted online s Linda Bush à We approved an accessory apartment a couple of months ago on Mayher Street. Easthampton permits accessory apartments to increase the amount of affordable housing. If the owner lives on the property. Accessory apartments can be rented to anyone as long as the owner lives on the property. s Karen Detmers, 34 Holly Circle à then what is the special permit for? ⦁ John Atwater à to make sure that the proposal meets the standards as written in the zoning ordinance and that the decision is made by a board and not just the building commissioner. ⦁ Linda Bush à because some uses or sites require special consideration. However, special permits that meet the zoning requirements are hard to deny. s Mike Whittemore à what are the grounds for approving a special permit? ⦁ John Atwater à began discussion of findings: Discussion of Findings – Accessory Apartment Standards – Section 8.53 a) The apartment will be a complete, separate housekeeping unit that functions as a separate unit from the original unit à yes, this building is separate from the principal structure b) Only one apartment will be created on a single-family lot à yes, this is the only one on the property c) The lot in which the single-family house is located must meet the minimum lot size requirement and must comply with other applicable zoning requirements for its district à yes, principal structure and accessory structure meet lot size and setback requirements d) The owner(s) of the residence in which the accessory apartment is located shall occupy at least one of the dwelling units on the premises à Yes, Paul Winkel will continue to live on the property e) The accessory apartment shall be designed so that the appearance of the building remains that of a one-family residence as much as feasibly possible. In general, any new entrances shall be located on the side or rear of the building. Any exterior changes made must conform with the single-family character of the neighborhood à pre-existing structure with new 2nd egress on the outside of the building Public Comments resumed s Kirby Detmers à Does the new egress and stairs have to meet the setback requirements? ⦁ Board discussion à ordinance allows projections of 2’ into setbacks for open steps or stoop over 4’ in height. Required setback is 25’ for accessory structures. s Linda Bush à No site plan was provided that shows the garage and side lot line. s Laurie Garcia à Does being on the aquifer limit the number of structures on the lot? ⦁ Jamie Webb à Base zoning for the R-40 limits the square footage of the structures and the aquifer overlay limits the total amount of impervious surface. As all the structures are already existing, that is now moot. s Mike Whittemore à were any comments on the application received from other boards? ⦁ Jamie Webb à yes, requests were made and only the conservation commission replied that it is not in our jurisdiction because it is not within the jurisdictional area. s Kirby Detmers à what happens if owner sells the property? ⦁ Jamie Webb à new owner must apply to transfer the special permit s John Atwater à resumed discussion of findings Discussion of Findings – Accessory Apartment Standards – Section 8.53 2 of 5 Zoning Board of Appeals Wednesday, January 22, 2020 f) An addition to the original building is permitted, provided that the addition does not increase the floor area or volume of the original building by more than one-third (33%) of the existing total residential space (excluding unfinished attic and basement, garage, porch and patio) à Not applicable ⋄ These same dimensional criteria shall apply to an Accessory Apartment constructed in an existing detached dwelling (such as a garage, barn or carriage house), or to an Accessory Apartment constructed as part of a new detached dwelling à accessory apartment is less than 1/3rd of the existing house g) The accessory apartment shall be clearly a subordinate part of the single-family dwelling. It shall be no greater than one-third (33%) of the existing total residential space or 800 square feet, whichever is less à accessory apartment is subordinate and only 800 sq. ft. h) At least two off-street parking spaces per dwelling unit are available for use by the owner-occupant(s) and tenant(s). Parking spaces shall be located to the side or the rear of the structure, to the extent feasible à 4 off street spaces are provided i) For dwellings to be served by on-site septic system, the owner must obtain a Disposal Works Construction Permit from the Board of Health before a special permit can be obtained. This is to ensure that the existing sewage disposal system is adequate for the proposed accessory apartment à Not applicable j) The construction of any accessory apartment must be in conformity with the State Building Code requirements à will be in compliance as this is the Building Commissioner’s responsibility Discussion resumed s John Atwater à the big question is where the garage sits in relation to the side lot line s Lee Giroux à I think I have a plan at home that shows this but not sure that distance was measured. How do I go about getting that information? s Linda Bush à would need to hire a survey of property to show where the structures are in relation to the property line. s Lee Giroux à Its no problem to switch stairs to the other side of the building if needed s Jamie Webb à could condition the special permit to keep 25’ setback. Building commissioner would make sure that enforcement happens and that as built that it complies with the condition. s Kirby Detmers à Question: the building has to meet code? s John Atwater à yes, the Building Commissioner will make sure that it complies with proper building and fire safety codes. s Kirby Detmers à really bothered by the fact that the deed restriction doesn’t apply s Laurie Garcia à our problem isn’t with the new owner, its with the previous owner who started this problem s Lee Giroux à feels personally attacked and they bought the property with the intent to finish the apartment s Karen Detmers à concerned with what happens if the property is sold and who lives there next s Linda Bush à Because the owner has to live on the property the neighbors are more protected in the future than a typical apartment s John Atwater à regulation is written in such a way as to provide more housing in the city in a way that the homeowner is responsible for tenants. Not sure how the deed restriction works legally or how long its good for. You would need to talk to an attorney. s Kirby à Their lot was included in the deed restriction. Not sure if the new owners knew about the deed restriction when they bought the lot but its not my responsibility to inform them about it. s Linda Bush à Board does not enforce private deed restrictions s Laurie Garcia à Discussion re: prior owner s Karen Detmers à question re: property values changing 3 of 5 Zoning Board of Appeals Wednesday, January 22, 2020 s Jamie Webb à Applicant’s assessed property value will go up and over time this could make the neighborhood’s values go up a bit too. Motion to close the public hearing and open board discussion s Motion by: Linda s Seconded: Tony s Approved by a vote of five (5) in favor and none (0) against John Atwater à began with discussion of findings – Special Permit Criteria for Approval – Section 12.79 s Conformance with the provisions of the ordinances of the City of Easthampton, the General Laws of Massachusetts and all applicable rules and regulations of state and federal agencies à yes s Protection of city amenities and abutting properties through the minimizing of any detrimental or offensive uses or destruction of unique or important natural, scenic or historic features on the site à does not have any of these impacts s Minimization of traffic and safety impacts of the proposed development on adjacent highways or roads, and maximizes the convenience and safety of vehicular and pedestrian movement within the site à N/A, not a development s Adequacy of the methods of disposal of sewage and refuse and the drainage of surface and subsurface water à will tie into city water and sewer s Adequate means of protecting wetlands, watersheds, aquifers and well areas à existing structure. s Mitigation of adverse impacts on the city's resources including the effect on the city's water supply and distribution system, sewage collection and treatment systems, fire protection and streets à N/A s Provisions for the off-street loading and unloading of vehicles incidental to the normal operation of the establishment, parking, lighting and internal traffic control à N/A, 4 off-street space provided s Applicant's efforts to integrate the development into the existing landscape through design features such as vegetative buffers and retention of open space or agricultural land à pre-existing building. N/A s Minimization of the area over which existing vegetation is to be removed. Where tree removal is required, special attention is to be given to the planting of replacement trees à already removed by previous owner, N/A s The consistency of the development with respect to setback, area, placement of parking, architectural style and landscaping of the surrounding buildings and development à pre-existing, N/A s Adequacy of the measures to prevent pollution of surface or groundwater to minimize erosion and sedimentation and to minimize changes in groundwater levels, increased run-off and potential for flooding à pre-existing, n/a s Adequacy of the methods to ensure that the use will not constitute a nuisance by reason of unacceptable level of air or water pollution, excessive noise or visually flagrant structures and accessories à will not cause these issues Further Discussion s Conditions à New stairway must meet 25’ side yard setback or be moved to the other side of the garage. s Discussion re: how building commissioner will confirm setback requirements. The property was surveyed and marked out for a recently installed fence. The Building Commissioner should be able to use that survey but if the Building Commissioner needs a new survey to be completed for him to make a determination then you’ll have to abide by his decision. s Discussion regarding process after decision is made tonight Motion to approve the accessory apartment in a detached structure by William Giroux at 36 Holly Circle 4 of 5 Zoning Board of Appeals Wednesday, January 22, 2020 s Motion by: John Atwater s Seconded: Tony Karella s Further discussion: none s Approved by a vote of five (5) in favor and none (0) against Discussion of 2020 meeting schedule 4th Wednesday of each month still works. 6pm time still works for everyone. Announcements s The next regular ZBA meeting is Wednesday, February 26, 2020 @ 6:00 PM s The submission deadline is Wednesday, February 5, 2020 @ noon Meeting adjourned at 6:50 5 of 5