Zoning Board of Appeals

CITY OF EASTHAMPTON ZONING BOARD OF APPEALS 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes Wednesday, January 27, 2021 Board ✓ John Atwater * ✓ Lindsie Alterkun ✓ Steven Lytwyn ~ Members: ✓ Linda Bush ✓ Anthony Karella * 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, Chris Rogers, John Losito, Jeff Squire, Meeting commenced at 6:02pm. Administrative Items ⬧ Approval of Minutes: 12/16/2020 ⦁ Member Linda Bush proposed corrections to the December 16, 2020 minutes, including comments omitted during the hearing for 63 Strong Street and tenses of verbal agreement regarding 105 Pleasant Street. Planner Curtis Wiemann agreed to make the proposed changes. The Board voted to approve the minutes pending those changes. Motion to approve the meeting minutes for 12/16/2020. • Motion by: Anthony Karella • Seconded: Linda Bush • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ ⬧ 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 (continued from 12/16/2020) 1. Chris Rogers – 105 Pleasant Street 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 1 of 4 Zoning Board of Appeals Wednesday, January 27, 2021 ❖ Jeff Squire of Berkshire Design Group presented on behalf of the Applicant. Jeff Squire commented that the Applicant had taken into consideration the feedback from the Board and had since purchased the property at 105 Pleasant Street, making him committed to finding a solution to meet the zoning requirements for the site. Jeff Squire shared amended site plans with the Board, including a reduced building footprint (2800 sq. ft.), additional off-street parking spaces (20 total, including 2 ADA-compliant spaces), and the removal of parking spaces from the front property setback. The spaces remained 9’x18’, and the bicycle racks and rain garden were retained. Board Discussion ❖ Chair John Atwater inquired about the size of the spaces, and whether they still met the width requirement established in the Zoning Ordinance, to which Jeff Squire agreed that they did. Chair John Atwater asked whether ten pool tables would still fit inside, and the Applicant Chris Rogers stated that they would make ten tables fit. ❖ Member Linda Bush stated her doubt that the ZBA had the authority to amend the parking space size established in the Zoning Ordinance in order to allow the substandard length spaces proposed by the project. Member Bush also inquired about site landscaping to buffer the parking. Member Steve Lytwyn expressed his concern about pedestrian safety along the drive aisle running parallel to the sidewalk. Jeff Squire stated that the site could accommodate a timber guardrail between the drive aisle and the sidewalk to both buffer the site and protect pedestrians. ❖ Assistant Planner Curtis Wiemann summarized the changes to the site which brought it closer to compliance with regard to parking and setbacks, and further detailed that the site had received an Order of Conditions from the Easthampton Conservation Commission since the December 2020 meeting. Member Linda Bush inquired if the site could locate a drive aisle in the front setback, to which Assistant Planner Jamie Webb replied that they could. The only outstanding item of noncompliance for the site that remained was the length of parking spaces, explained Assistant Planner Jamie Webb, which she felt that the Board could permit via a variance or a reduction per Section 10.524. ❖ Chair John Atwater stated that in his view, the majority of the lot would remain unpaved and undisturbed due to the grade of the property rear, to which Jeff Squire agreed, further emphasizing the sufficiency of on-site stormwater systems. Chair John Atwater asked if floor plans were relevant to the Board’s review. Assistant Planner Curtis Wiemann replied that the Board could approve without reviewing floor plans, or could request floor plans, as desired. Given the considerations dependent upon floor space, occupancy, and total seating capacity, Chair John Atwater stated his preference to see the floor plans for the site prior to a motion for approval. Public Comment ❖ The Board opened the floor to public comment, with Assistant Planner Curtis Wiemann remarking first that three letters had been received and posted publicly regarding the project. ❖ Will Bundy from Eastworks spoke on the record and stated his concern with the Board’s apparent determination that the project constituted an indoor amusement use rather than a bar/restaurant use with regard to the required parking spaces on the site. He expressed his concern that the indoor entertainment use did not represent the entirety of traffic to and from the site, with implications for future decisions of the Board as well as for traffic in the Pleasant Street area which could negatively impact his business. The Board solicited a response from the Applicant; Chris Rogers replied that his intention was to operate the site as a billiards hall rather than a bar, and that he felt that the site parking was adequate for that use. After a break for 2 of 4 Zoning Board of Appeals Wednesday, January 27, 2021 discussion, James Witmer (150 Pleasant Street) commented briefly and expressed his feeling that the business would be successful but lead to a crowded street. ❖ Hearing no further public commentary, the Board discussed the state of the application. Member Linda Bush commented that she would want to see a condition requiring no less than nine pool tables laid out in the building interior in order to ensure the use remains a billiards hall rather than a bar. Assistant Planner Curtis Wiemann inquired whether the Board would be amenable to a variance or a waiver per 10.524 in order to approve the site with the parking proposed. Member Lindsie Alterkun stated that the Applicant should decide as to what they felt was necessary to obtain approval. Jeff Squire asked if their existing application included the information required for a waiver under 10.524, and Assistant Planner Jamie Webb replied that the ordinance has specific requirements which had not been met. After further discussion, with Members Lytwyn, Bush and Alterkun expressing the need for more information regarding operations and interior layout, the Board voted to continue the hearing to February 24, 2021 in order to allow the Applicant to furnish more information on interior layout and site visitation. Motion to continue to 6:00pm on February 24, 2021. • Motion by: Linda Bush • Seconded: Anthony Karella • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ John Losito, 63 Strong Street (Continued from 12/16/21) John Losito - seeking a special permit under Sec. 12.7 & 8.5 of the Easthampton Zoning Ordinances to establish an Accessory Apartment at his single-family home at 63 Strong St (Map 173, Parcel 1) in the Residential-Rural B (R-40) zoning district. Applicant Presentation / Board Q&A ❖ The Applicant John Losito presented on his own behalf. He stated that after discussion with the site architect and Planning staff, he will be working to revise site plans to conform with the accessory apartment ordinance as well as working with City Council to support an amendment to the accessory apartment ordinance. Board Discussion ❖ Member Linda Bush reiterated concerns regarding the use of the proposed space as a sound stage or recording studio. The Applicant John Losito emphasized its use as an accessory apartment, and further explained that he had not received any noise complaints or concerns from abutters. John Losito further discussed that the zone of the property was residential business, to which Member Linda Bush objected – despite the presence of other existing businesses on the same street, the zone was residential. Following further discussion, the Applicant John Losito requested a continuance pending further information regarding the amendment to the accessory apartment ordinance and/or to provide the opportunity to amend his plans to comply with the existing accessory apartment ordinance. 3 of 4 Zoning Board of Appeals Wednesday, January 27, 2021 Public Comment ❖ The Board opened the floor to public comment. Hearing none, they moved directly to continue the hearing to the February 24, 2021 meeting of the ZBA Motion to continue to 6:00pm on March 24, 2021. • Motion by: Linda Bush • Seconded: Anthony Karella • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ Motion to adjourn • Motion by: Anthony Karella • Seconded: Linda Bush • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ • The meeting was adjourned at 7:51pm by a vote of 5 in favor and 0 against. 4 of 4