Zoning Board of Appeals

CITY OF EASTHAMPTON ZONING BOARD OF AP PEALS 50 Payson Avenue, Easthampton, MA 01027 Meeting Minutes Wednesday, August 25, 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 6:00pm. 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: None Public Hearing (continued from 7/28/2021) 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. The Applicant explained to the Board that he had spoken with Cassie Tragert, the Conservation Agent, and Stuart Watson, a representative of the Kestral Land Trust managing the abutting parcel 111-31, and all parties agreed that disturbance during construction would not violate the conservation restriction to which that parcel was subject so long as the Applicant returned the parcel to pre-construction conditions. 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 indicated a communication from the Conservation Agent summarizing both parties’ position. Assistant Planner Curtis Wiemann read the letter for the record, which requested a means and methods report from the Applicant to satisfy Kestral and the City that proposed development would minimize impacts on parcel 111-31 prior to the issuance of a building permit. Stuart Watson continued that Kestral Land Trust would be comfortable with the variance request being granted if the requested means and methods report was provided. Board Discussion  Chair John Atwater asked whether the Applicant could produce a means and methods report and minimize impacts on the abutting property, and the Applicant signaled his willingness to do so. 1 of 3 Zoning Board of Appeals Wednesday, August 25, 2021  The Applicant then continued with a report on the purpose of setbacks from Land Central dot com, which outlined the role played by setbacks in protecting properties from fire spread, ensuring emergency vehicle access, and minimizing impacts on abutters. The Applicant outlined that his proposed variance to the setback requirements did not conflict with these stated objectives or the required findings for variances included in Section 13.1 of the Easthampton Zoning Ordinance, as the abutting property was vacant and could not be built. The Applicant especially stressed the unique hardship of construction on the lot, which included ledges that prevented excavation within the buildable envelope of the lot, and showed pictures from the home’s construction to support this statement.  Member Matt Waugh made a motion to approve the variance application without conditioning a Means and Methods report, stating his concern that the Applicant was subject to the sudden imposition of the means and methods report just prior to the hearing. Member Anthony Karella seconded. Chair John Atwater and Member Lindsie Alterkun objected, stating that they felt an assurance that construction would not impact the conservation restriction was necessary. The Applicant stated that the condition was acceptable and not onerous, and Member Matt Waugh withdrew his motion. Chair John Atwater made a motion to close the public hearing. Member Lindsie Alterkun seconded. All were in favor and the motion passed 5-0. Motion to close the public hearing regarding 72 East Street: • 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 ✓  Chair John Atwater reviewed the Findings and Conditions from the draft Decision for 72 East Street for the record. Member Matt Waugh made a new motion to approve the variance with the below Findings and Conditions. Member Tony Karella seconded. All were in favor and the motion passed 5-0. Motion to approve the variance for 72 East Street with conditions: • Motion by: Matt Waugh • Seconded: Anthony Karella • Further discussion: • Roll Call Vote: In favor Opposed Abstained Absent John Atwater ✓ Linda Bush ✓ Matt Waugh ✓ 2 of 3 Zoning Board of Appeals Wednesday, August 25, 2021 Lindsie Alterkun ✓ Anthony Karella ✓ Steven Lytwyn ✓ Announcements & Discussion of the Board  Discussion of Public Hearing Procedure  Assistant Planner Curtis Wiemann presented the proposed Rules and Regulations, which had been updated to include the proposed rules of order last discussed at the June meeting of the Zoning Board of Appeals.  Chair John Atwater raised questions regarding membership and terms on the Board and advocated for additional language to ensure that future associate members be promoted directly from associate to full in case of a future vacancy.  Member Matt Waugh raised concerns about the nature of proposed changes, stating that the restrictions placed on Board members were onerous and would constrain free dialogue amongst the Board. Matt Waugh additionally advocated for time limits placed on presentation from applicants.  Members Lindsie Alterkun and Steve Lytwyn both advocated for the rules of order to govern commentary from Board members as well as the public. Chair John Atwater expressed that it might be more expedient to impose strict rules and leave them relaxed more often than not.  Chair John Atwater proposed that Assistant Planner Curtis Wiemann make edits to address errors in the draft document as well as include clearer directions for meeting structure and present an edited document to the Zoning Board of Appeals at the next meeting. 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 6:52pm by a vote of 5 in favor and 0 against. 3 of 3