Zoning Board of Appeals

CITY OF EASTHAMPTON ZONING BOARD OF APPEALS 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes Wednesday, November 18, 2020 Board ✓ John Atwater * ✓ Lindsie Alterkun ✓ Jared Olinski Members: ✓ Linda Bush  ✓ Anthony Karella ✓ Steven Lytwyn ~ * ZBA Chair |  Vice-Chair | ~ Associate Board Member (x) present | (-) absent | (L) late City officials: Jamie Webb, Assistant Planner; Curtis Wiemann, Assistant Planner Other attendees: William Bundy, Joan O’Brian Smith, Chris Rogers, Shae Blaisdell, James Whitmer Meeting commenced at 6:03pm. Administrative Items ⬧ Motion to approve the minutes of 9/2/2020 ⦁ Amendments / comments / corrections / etc.: None. ⦁ Motion by: Linda Bush ⦁ Seconded: Tony Karella ⦁ Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Jared Olinski ✓ Steven Lytwyn ✓ ⦁ Approved by a vote of 6 in favor and 0 against with 0 members abstaining and 0 members absent ⬧ Correspondence/Requests for comment from other boards, committees, officials, etc. ⦁ There was no comment offered by other Boards or regulatory entities. ⬧ Public Comments / Public Speak ⦁ There were no public comments offered. Public Hearings 1. Rachel Philips – 135 Main Street Rachel Phillips - seeking a special permit under Sections 12.7 & 10.4 of the Easthampton Zoning Ordinances to operate a Major Home Occupation as a hairstylist at her house. The property is located at 135 Main Street (Map 144, Parcel 59) in the Residential - Urban (R-5) zoning district Applicant Presentation / Board Q&A ⬧ Applicant is proposing customer visits to the site but no signage, no retail sales, no exterior or off-site product storage, no advertising, and no employees other than herself as sole proprietor. ⬧ The Applicant Rachel Phillips presented on behalf of her proposal. She briefly described her proposal for a home salon with visits by appointment, no walk-in customers or clients, no signage, and one client at a time, to be conducted in a single room of her home at 135 Main Street with all equipment 1 of 4 Zoning Board of Appeals Wednesday, November 18, 2020 and supplies stored therein. Clients will be directed to park in the residential driveway of the property. Board Discussion ⬧ The Board discussed the parking requirements for the property. The Assessor’s records for 135 Main reflect that the property has a two-family residential use, requiring four total off-street parking spaces, plus an additional one for the proposed major home occupation. John Atwater summarized that, as the Assessor’s record reflected the use as a two-family home, the Board is obliged to consider the parking requirements for that use; and suggested that in order to be approved the Applicant Rachel Philips should change the use of the property to reflect the single-family use, reducing the required off-street parking. Linda Bush proposed either changing the use with the Assessor or applying for a variance with the ZBA to alter the number of spaces required. Enforceability of provisions on the special permit was discussed as a likely obstacle to any conditional approval. ⬧ The Board and Applicant Rachel Phillips discussed the implications of changing the use to reflect its single-family function and agreed that the change would likely impact the valuation of the home negatively. Jared Olinski voiced his support of a condition on the approval granting the permit so long as the property remained in single-family use, and despite concerns about enforceability Lindsie Alterkun concurred. Steven Lytwyn commented that the Applicant might benefit from clarifying the use with the Assessor before approving the permit. The Applicant Rachel Philips stated she would be willing to declare that she commits to only single-family useage of the site so long as the permit for home occupancy was in effect. Public Comments ⬧ Joan O’Brian Smith commented in support of the project and suggested she and others would walk to the site for hair styling. Further Board Discussion ⬧ John Atwater summarized the position of the Board: the site currently is identified as a two-family use by the Assessor’s office, requiring four total spaces on-site, and the addition of a home occupancy would require a fifth. Although the lot is pre-existing and non-conforming with regards to its two- family status, the approval of the home occupancy requiring an additional off-street parking space would bring it further out of compliance. ⬧ John Atwater recommended continuing the public hearing to allow the Applicant the opportunity to present potential solutions to the on-site parking requirements for the parcel. Motion to continue to 6pm on December 16, 2020. ⬧ Motion by: John Atwater ⬧ Seconded: Linda Bush ⬧ Further discussion: None. ⬧ Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Jared Olinski ✓ Steven Lytwyn ✓ ⬧ Continued to 6pm on December 16, 2020 by a vote of 6 in favor and 0 against. 2. Chris Rogers, 102 Pleasant Street 2 of 4 Zoning Board of Appeals Wednesday, November 18, 2020 Chris Rogers - seeking a special permit under Section 12.7 of the Easthampton Zoning Ordinances to operate a commercial establishment with uses Retail & Service #10: Restaurant and Bar and #40: Indoor Recreation. The property is located at 105 Pleasant Street (Map 136, Parcel 11) in the Neighborhood Business (NB) zoning district. Applicant Presentation / Board Q&A ⬧ Jeff Squire of Berkshire Design Group presented on behalf of the Applicant. During the presentation, the Applicant’s representative offered the following details salient to Board review: ⦁ The Applicant is seeking a special permit in order to operate a billiards hall with food and liquor service (uses Retail & Service #10: Restaurant and Bar and #40: Indoor Recreation) ⦁ Approximately 1-acre lot size constituting a former filling station with useable area on Pleasant Street fully paved; development constitutes a net decrease in site impervious cover. ⦁ Single story billiards hall measuring 3700 sq. ft. proposed along with associated parking. ⦁ Steep slope decline in rear half of the parcel with wetlands at the bottom of the slope; currently under review by the Conservation Commission. ⦁ New lighting, drainage, and utilities to be installed. ⦁ Jeff Squire requested a waiver for parking stall size (currently 9’ by 18’ rather than 20’ in length) and parking quantity (down to 17 spaces, including two in the front setback) on the basis of site constraints, due to the larger portion of the parcel being undevelopable due to slope and wetlands. Jeff Squire further noted that the built environment along Pleasant St. includes other parcels with parking in the front setback. ⦁ Lighting would be dark-sky compliant and prevent spillover of lighting off-site. ⦁ Jeff Squire further responded to the Technical Memo furnished by Planning Staff and noted: ⋄ The Applicant has closed on the property and is now listed correctly as the owner. ⋄ Signs were amended to fit with the City’s zoning ordinance. ⋄ Four bike racks were added to provide access to non-vehicle transit along with access to the bus stop across the street. ⋄ Owner is currently in discussion with adjacent property owners to find shared parking. Board Discussion ⬧ The Board discussed parking on the site and broadly opined that the seventeen spaces provided on the site plans were inadequate for the uses on site. Jeff Squire stated that the site’s inclusion of bike racks and access to sidewalks, the Manhan Rail Trail, and a bus stop across the street provided non- vehicle access to the site. Board members considered the peak hours of use for the site, the COVID-19 impacts on public transit, and the lack of lighting on the Rail Trail as being impediments to non- vehicular transit to the site and thus also impediments to a waiver to reduce mandatory minimum parking by up to 20% per 10.511(c). The Board reserved the right to request more than the mandatory minimum off-street parking established in 10.1. ⬧ Following public comment, the Board shared their concern that any off-premises parking utilized by the site would be temporary in nature as the attendant lease would expire, and sought input from the Applicant as to what form of off-site parking they would be able to secure that would remain viable for years to come. ⬧ The Board discussed the Applicant’s request for a waiver to allow parking in the front setback, with John Atwater and Anthony Karella opining that such a configuration was congruent with the surrounding industrial/commercial built environment while Steven Lytwyn and Linda Bush stated that a new project should endeavor to conform with zoning standards. 3 of 4  Zoning Board of Appeals Wednesday, November 18, 2020 ⬧ John Atwater requested that the Applicant submit revised plans with amendments to address the issues communicated in regards to on-site parking. Public Comments ⬧ William Bundy, owner of Eastworks at 115 Pleasant Street stated his support of the project vision but expressed concerns about site parking being insufficient for the capacity and use of the proposed structure. He further stated that the development of the area meant that any parking agreement for additional parking not on-site would be temporary in nature. Finally, he stated that in his opinion bus schedules in the area were infrequent and would not provide sufficient access to the site. ⬧ Joan O’Brien Smith asked where plans could be found and was directed to easthamptonma.gov/ZBA. ⬧ Jim Witmer (122 Pleasant Street) commented in agreement with William Bundy and stated that the new project was dynamic but imposed strain on neighborhood parking and would lead to overflow to abutting properties as presented. Motion to continue to 6:15pm on December 16, 2020. ⬧ Motion by: Linda Bush ⬧ Seconded: Tony Karella ⬧ Further discussion: None. ⬧ Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Jared Olinski ✓ Steven Lytwyn ✓ ⬧ Continued to 6pm on December 16, 2020 by a vote of 6 in favor and 0 against. Announcements ⬧ The next regular ZBA meeting is Wednesday, December 16, 2020 @ 6:15 PM ⬧ The submission deadline is Wednesday, November 25, 2020 @ noon. Motion to adjourn ⬧ Motion by: Tony Karella ⬧ Seconded: Lindsie Alterkun ⬧ Further discussion: ⬧ Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Jared Olinski ✓ Steven Lytwyn ✓ ⬧ The meeting was adjourned at 7:47pm by a vote of 6 in favor and 0 against. 4 of 4