Zoning Board of Appeals

CITY OF EASTHAMPTON ZONING BOARD OF APPEALS 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes Wednesday, June 23, 2021 Board ✓ John Atwater * ✓ Lindsie Alterkun ✓ Matthew Waugh 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: Gerald Vautrain, Janette Vautrain, Chris Volonte Meeting commenced at 6:05pm. 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 ➢ Member Matt Waugh introduced himself as new newest member of the ZBA. ❖ Meeting Minutes: 1/27/2021 & 4/28/2021 ➢ Assistant Planner Curtis Wiemann explained that he had not finished the 1/27 minutes, and Member Linda Bush stated she had not finished reviewing the minutes from 4/28. The Board therefore made no motion to approve the minutes, instead agreeing to wait to approve at the next meeting of the Easthampton ZBA. Public Hearing 1. Gerald & Janette Vautrain – seeking a variance under Section 13.1 of the Easthampton Zoning Ordinances with regard to the eastern side setback requirements to extend the existing single-family structure on the property. Subject property is located at 72 East Street (Map 110, Lot 63) in the Residential – Rural C (R-35) zone. Applicant Presentation / Board Q&A ❖ The Applicant Gerry Vautrain presented on behalf of the application. Gerry Vautrain explained that the property was constrained by shape and by the unique location of the property and driveway, which runs across the abutting property to the west, and therefore the Applicant felt that the best location for garage access would be adjacent to that driveway and within a few feet of the abutting property. Board Q&A ❖ Chair John Atwater asked the Applicant if he had reviewed the correspondence received from Kestral Land Trust, which disputed the location of eastern property line for which the variance was being sought. The Applicant replied that he had reviewed the correspondence and he upheld the depicted location of the eastern property line. The Applicant shared photographs which he explained were from the original 1998 survey for the property and modern pictures showing the same property markers. Member Linda Bush opined that the Applicant needed a surveyor to support his claims. The other Applicant, Janette Vautrain, stated that the property was surveyed when they purchased it originally. Member Linda Bush commented that she 1 of 3 Zoning Board of Appeals Wednesday, June 23, 2021 would like to make a motion to continue the hearing, stating that the Applicant needed to provide more information in order to be approved, to which the Applicant agreed. Public Comment ❖ The Board opened the floor to public comment. Chris Volonte spoke on behalf of Kestral Land Trust, outlining the issue from their perspective. Kestral Land Trust owned the property directly abutting 72 East Street to the east (Parcel 111-31), which is subject to a Conservation restriction that prevents construction on the site. Chris Volonte disputed the location of the side property line depicted by the Applicants, and emphasized that this issue was of particular importance to the Land Trust as no construction could take place on Parcel 111-31. Chris Volonte further stated that Kestral Land Trust had no opposition to the variance on its merits once the issue of the property line was resolved. Board Discussion ❖ Chair John Atwater summarized the prevailing mood of the Board, with which the Applicant and abutter seemed amenable, that the Applicant needed to furnish additional information to ascertain where the eastern side boundary of 72 East Street was located and therefore how much of a variance was being sought. Member Linda Bush made a motion to continue the hearing to July 28, 2021. Member Tony Karella seconded. All were in favor and the motion passed 5-0. Motion to continue the hearing to the 7/28/2021 meeting of the ZBA: • Motion by: Linda Bush • Seconded: Anthony Karella • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Matt Waugh ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ Announcements & Discussion of the Board ❖ Discussion of Public Hearing Procedure ➢ Member Anthony Karella expressed his misgivings over the conduct of the Board regarding the application by Chris Rogers for a special permit at 105 Pleasant Street which was withdrawn by the Applicant facing a vote to deny in April. Member Anthony Karella commented that the Board repeatedly made demands for plan elements, traffic proposals, and similar that the Applicant furnished only to be ultimately faced with denial. Board Chair John Atwater commented that in spite of the efforts by the Applicant, the site was ultimately too small for the proposed use, and that the Board had endeavored to extend every opportunity to be approved to the Applicant. Member Linda Bush agreed with Board Chair John Atwater’s view on the size of the parcel, adding that proposals to reduce the required parking by means of a parking reduction plan per Section 10.524 of the Easthampton Zoning Ordinance, presented as an option by Planning staff, were misguided in her opinion. 2 of 3 Zoning Board of Appeals Wednesday, June 23, 2021 ➢ Assistant Planners Jamie Webb and Curtis Wiemann discussed the role of Planning staff as advisors to both the Board and Applicant. Member Linda Bush stated that she would want to see more opinion expressed by Planning staff to guide the Applicants and Board, saying that the Applicant at 72 East should have been informed to bring a survey plan to demonstrate the property line. Board Chair John Atwater raised the subject of mandatory submittals expected for each project and solicited the input of the Board. The Board discussed, and Assistant Planner Curtis Wiemann raised the issue of previous applications approved without survey plans. Member Linda Bush opined that in situations where disputes arise, the Board should solicit a survey plan. After further discussion, the topic was continued to next meeting with the expectation of discussing the Special Permit / Variance submittal requirements outlined in the Zoning Ordinance and how these translated to practice. ❖ The next regular ZBA meeting is July 28, 2021 @ 6:00 PM ❖ The submission deadline is July 21, 2021 @ noon. Motion to adjourn • Motion by: Lindsie Alterkun • Seconded: Anthony Karella • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Matt Waugh ✓ Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ • The meeting was adjourned at 6:41pm by a vote of 5 in favor and 0 against. 3 of 3