Zoning Board of Appeals

CITY OF EASTHAMPTON ZONING BOARD OF APPEALS 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes Wednesday, April 28, 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, Jeffrey Squire Meeting commenced at 6:04pm. Administrative Items ❖ 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 ➢ Assistant Planner Jamie Webb informed the Board that the Planning Board would be discussing an amendment to the accessory apartment ordinance with the City Council Ordinance Committee in an upcoming joint hearing. Assistant Planner Curtis Wiemann updated this notice to say that this hearing would be on Tuesday May 11. ❖ Meeting Minutes: 2/24/2021 & 3/24/2021 ➢ The ZBA reviewed the minutes. Member Tony Karella made a motion to approve. Member Linda Bush seconded. All were in favor and the motion passed 5-0. Public Hearing (continued from 3/24/2021) 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 ❖ The Applicant’s representative Jeffrey Squire presented on behalf of the project. Jeff Squire reviewed the project as well as questions forwarded by members of the Board and proposed conditions drafted by Planning Staff following the previous ZBA hearing on 3/24/2021. Board Q&A ❖ Member Lindsie Alterkun asked if the site planned to make use of the Millside Park parking spaces as proposed on 3/24. Assistant Planner Curtis Wiemann replied that the City could not guarantee the use of these spaces for the use of the project. Chris Rogers stated that the project could provide a shuttle service as needed. Member Lindsie Alterkun further asked about average capacity on the site during a tournament. Chris Rogers replied that eight teams with about five people each. Member Lindsie Alterkun inquired about the service window on the patio, and Jeff Squire replied that this window could allow window service rather than table service on the patio. 1 of 3 Zoning Board of Appeals Wednesday, April 28, 2021 ❖ Member Steve Lytwyn asked whether the applicant had considered contacting taxi or rideshare services to offer discounts for repeat service for employees to and from the site, and Chris Rogers replied that he had reached out but wanted to reach a decision from the Board before continuing. ❖ Member Linda Bush reiterated concerns about parking, including the large maximum capacity proposed for events in the applicant’s letter, and stated that she would have to vote against approving the project. Member Tony Karella stated he felt that the project revisions met with his satisfaction after the meetings since 2020. Chris Rogers stated his commitment to reducing traffic to the site and his willingness to respond to any concerns as they arose. ❖ Chair John Atwater asked if the Applicant had already obtained a liquor license, and Chris Rogers replied that he had a beer and wine license that had been auctioned off. Chair John Atwater stated his continuing uncertainty as to the sufficiency of on-site parking given the different potential uses and capacities of the site, including table seating on the patio, events with many participants, and on-site liquor service, and mused as to whether the site and its traffic would operate more like a pool hall or a bar. Assistant Planner Curtis Wiemann pointed out that the Board had broad latitude to impose conditions to prevent the pool hall from operating as a bar, and indicated the draft conditions shared with the Board, including limiting table service, making the license non-transferable, or limiting hours of operation. Public Comment ❖ The Board opened the floor to public comment. William Bundy of Eastworks stated his belief that the Board had insufficiently interrogated the use of the site and reiterated his concern that the site would operate as a de facto bar and that the parking on site would be insufficient for the traffic coming to the business. Hearing no further comments, Member Tony Karella voted to close the public hearing. Member Steve Lytwyn seconded. All were in favor and the motion passed 5-0. Board Discussion ❖ Chair John Atwater opened the floor to the other members of the Board for discussion. Member Linda Bush stated that she felt that the business was not a fit for the parcel upon which it was proposed, and that any efforts to mitigate traffic and parking issues seemed unrealistic. She reiterated her stance that she would vote against the project. Member Lindsie Alterkun voiced her agreement with Member Bush, stating that while she appreciated the project she felt that the issues with parking and uses were intractable. Member Steve Lytwyn stated that with the end of COVID-19, this site could see increased traffic upon completion. Chair John Atwater asked whether members of the Board felt that the project as proposed could function, and if members felt that they could reach a decision. Members Bush and Alterkun signalled that they could. ❖ Assistant Planner Jamie Webb asked if the Board might want to consider the conditions proposed for the project to see if these could satisfy their concerns. Member Linda Bush disagreed, stating that no condition could rectify the issue of insufficient off-site parking proposed for the site. Assistant Planner Curtis Wiemann summarized that extraordinary circumstances could be easily prohibited or prevented by conditions, but that the Board should consider whether the site could function under normal circumstances if all events or similar peak uses were prohibited. Member Linda Bush replied that she felt the site would not operate under normal circumstances. ❖ Chair John Atwater asked whether a vote to approve would require a simple majority or a quorum, and Assistant Planner Curtis Wiemann stated that a quorum of a minimum of four votes in favor would be necessary to approve, and that – as the Board looked likely to deny the application as presently proposed – the Board could instead vote to allow the Applicant to withdraw without prejudice to revise and resubmit. Chris Rogers stated that he wished to 2 of 3 Zoning Board of Appeals Wednesday, April 28, 2021 withdraw without prejudice, and after the motion passed thanked the Board for their deliberations. Motion to allow the Applicant to withdraw without prejudice: • Motion by: Linda Bush • Seconded: Lindsie Alterkun • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ Announcements & Discussion of the Board • The next regular ZBA meeting is May 26, 2021 @ 6:00 PM • The submission deadline is May 19, 2021 @ noon. • Member Linda Bush stated her concerns as to the questions from the Board answered by the Applicant – as they were returned without the Applicant’s signature, these could be construed as the Board’s position on his project rather than the Applicant’s reply to Board questions. Assistant Planner Curtis Wiemann apologized for confusion and stated he would bear this in mind preparing further materials for exchange with applicants. • Assistant Planner Jamie Webb commented that the Board would likely have a new member as of May’s meeting, and that this person had already been sworn in. • Chair John Atwater inquired if there was any direction yet as to the end of remote meetings, and Assistant Planner Curtis Wiemann replied that as of yet no formal news had been provided, leading him to believe that meetings would remain remote for some time, but that City Hall might be reopening to public visitation by appointment shortly. Motion to adjourn • Motion by: John Atwater • Seconded: Steven Lytwyn • 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 6:54pm by a vote of 5 in favor and 0 against. 3 of 3