Zoning Board of Appeals

CITY OF EASTHAMPTON ZONING BOARD OF AP PEALS 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes Wednesday, July 28, 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, Stuart Watson 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  There were no public comments unrelated to applications before the Board.  Meeting Minutes: 1/27/2021, 4/28/2021, 6/23/2021  Member Linda Bush made a motion to approve the above-listed minutes. Member Lindsie Alterkun seconded. All were in favor and the motion carried 5-0. Public Hearing (continued from 6/23/2021 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. At the continued public hearing on July 28, 2021, the Applicant presented an amended site plan depicting a slightly smaller proposed attached garage and a property line closer to the structure than originally depicted on the plans submitted June 23, 2021. The Applicant stated that he and a representative of Kestral Land Trust had obtained the services of a third party surveyor to review the property line and all parties were satisfied with the result as depicted on the contemporary plan. Public Comment  The Board opened the floor to public comment. The Board solicited commentary from a representative of Kestral Land Trust in attendance; Stuart Watson on behalf of Kestral Land Trust answered that the amended plans did not appear to encroach on the parcel subject to the conservation restriction. Board Discussion  Member Linda Bush questioned whether a variance would be appropriate for this application given the lack of initially-identified issues of lot soils, shape, or topography to enable approval. The Applicant stated that given the hardship of construction elsewhere on the property he sought a variance to construct in the location most convenient for his use. Member Linda Bush 1 of 2 Zoning Board of Appeals Wednesday, July 28, 2021 objected, stating that she felt that the Applicant had provided insufficient evidence to allow the Board to make the required findings outlined in the Zoning Ordinances. Member Matt Waugh disagreed and made a motion to approve the variance without conditions. It was not seconded. After further discussion, Chair John Atwater expressed concern that the proposed minimum distance from parcel 111-31 of 1.4 feet would lead to incidental disturbance of the Kestral parcel during construction of the proposed garage if approved. The Applicant agreed to discuss with Kestral Land Trust and potentially amend the proposed plan to decrease the size of the garage and in so doing move it further from the side property line. The Board voted to continue the hearing to 8/25 to allow the Applicant to amend plans to satisfy these concerns. Motion to continue the hearing to the 7/28/2021 meeting of the ZBA: • Motion by: John Atwater • Seconded: Lindsie Alterkun • 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  Given the length of the meeting by this point, the Board determined that this agenda item should be procedurally continued to the 08/25/2021 meeting of the ZBA.  The next regular ZBA meeting is August 25, 2021 @ 6:00 PM  The submission deadline is August 18, 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 7:04pm by a vote of 5 in favor and 0 against. 2 of 2