Zoning Board of Appeals

Meeting Minutes ___ ________Wednesday, March 27, 2024 ZBA Board Chair: John Atwater ZBA Board Members: X John Atwater (Chair) X Anthony Karella Matthew Waugh (Vice-Chair) X Lisa Jaffe X Steven Lytwyn X Robert Ferris (Associate member) Tim Garaceau (Associate member) Absent: Matthew Waugh, Tim Garaceau MEETING AGENDA Call to Order Public Speak: None Planning Board Minutes: ZBA minutes 02-28-2024 Member Karella motioned to approve the minutes, Member Lytwyn seconded, the vote passed unanimously. ANR’s: None Public Hearings: Magnolia Bake Shoppe – seeking a Special Permit for a Major Home Occupation as a farm stand for an associated cottage bakery subject to Zoning Ordinance § 10.43 & 10.45 Property is located at 67 West St (Map 138, Lot 49) in the Residential S-A (R-15) zoning district. Representing the applicant: Alyssa Atkinson The applicant presented the project in terms of the submitted materials summarized as follows: • The applicant has a license for a cottage kitchen, and is looking to operate a farm stand style operation at the licensed property. • The stand will consist of temporary tables, canopy, and other materials that will be taken away when the stand is no operating. • Most of the business is expected to be generated from foot traffic, and expects car traffic to not exceed and average of 2 cars per hour. • The applicant is looking to operate on Saturdays. In discussion with the board, the Applicant presented the following:  • The cottage kitchen operates on an as needed basis, typically filling orders. • The applicant intends to open a physical location in the near future. • The applicant is seeking to operate between the hours of 10am and 2pm on Saturdays, but would like not operate during those hours if attending a farmers’ market that conflicts. The applicant expects to attend farmers markets on Sundays, but would also like to be able operate during the hours of 10am to 2pm on Sundays if the board would support it. Public Comment Planner Maxfield stated that in the previous hour, the Board had received 2 additions letters public comment that supported the application, and these letters had been added to their packets for review. There were no members of the public to speak in person or virtually on this project The Board closed the public hearing and moved into the public meeting portion. Public Meeting: The Chair read the specific findings into the record to be reflected in the decision. The board made all necessary public finding listed in section 12.7.9 of the Easthampton Zoning Ordinance. The following points were clarified for the Board: • The applicant will not be taking deliveries at the location, all materials are purchased by the applicant and brought into the home, and all finished goods are made on site and brought outside to the stand. • The are currently no signs involved with the project, but in the future, the applicant may use a temporary sign that would fit in with Easthampton’s zoning ordinance. The Board found the application either met all the criteria, or the criteria was not applicable to the application. Member Lytwyn motioned to approve the application, Member Jaffe seconded, the vote passed unanimously. Administrative Items: Review of ZBA procedures The chair and planning staff met prior to this meeting, and felt it would be valuable for the Board to review the ZBA Rules that were adopted November 10, 2021. The chair led the discussion of the ZBA rules by reading through the ZBA Rules. The Chair stated that adhering more strictly to the rules will benefit the Board as it navigates the upcoming 40b proposal. Planner Maxfield asked the board if they found draft conditions valuable. The Chair stated yes, and if there’s any uncertainty to leave conditions blank. Maxfield also stated that there may be cases the come to the board where the planning department does not believe the applicant meets the criteria for a special permit. In such cases where applicants would choose to move forward, adherence to the rules would benefit both the applicants in receiving a fair hearing, and the board in making sound legal decision. Planner Maxfield explained what happened in Hadley with their 40b, which resulted in a denial, and then that denial was overturned on appeal. As a result, Hadley lost their ability to impose any conditions on the project. The Chair stated the 40b process is about guiding what the City would like to see in the project to get the best result for the community. Chair Atwater motioned to adjourn, Member Lytwyn seconded, the vote passed unanimously.