Zoning Board of Appeals

Meeting Minutes ___________Wednesday, May 29, 2024 ZBA Board Chair: John Atwater ZBA Board Members: X John Atwater (Chair) X Anthony Karella X Matthew Waugh (Vice-Chair) X Tim Garceau X Robert Ferris (Associate (Associate member) member) Absent: None MEETING AGENDA Call to Order Public Speak: The following members of the public spoke with their statements summarized as follows: • Cathy Wauczinski stated they are concerned about the number of developments in the area and their impact on the existing water and sewer infrastructure. • Member Waugh stated that the Chair of the ZBA had sent an email to the Board regarding the tone of the prior meeting and that; this email was about him, was a violation of open meeting law, an attempt to “harass and intimidate” him, and it is an attempt to have him removed from the board. The mayor has begun the process of removing Member Waugh, and Member Waugh is appealing that decision to the City Council, as Member Waugh believes the mayor has not given sufficient reason for his removal. Member Waugh stated he believes he is being removed from the Board because he does not want to needlessly encumber applicants, and the Chair uses the process to make applicants go through an unnecessary and tedious process as to “leave his mark”. Member Waugh stated the “413 bar” application from February is a good example of this. Member Waugh also believes that the Chair will needlessly drag out the 40b process, and because Member Waugh pushed back on the need for extra meetings, is why he believes he is being removed from the Board. Member Waugh stated that under different leadership, Easthampton to grow into a vibrant and thriving community ZBA Minutes: None Public Hearings: 385 and 391 Main St via The Community Builders– Applicant is seeking a comprehensive permit to create 87 new and rehab 40 existing affordable rental units subject MGL Chapter 40b. The Applicant is proposing 3 new buildings on 55.54 acres. The proposal is located at 385 & 391 Main St (Map 154 lots 31, 32, 32.1, 32.2) in the R35 zoning district. Representing the applicant: Julia Scanell, Rachana Crowley, Mark Whamsley, Peter Freeman, Jeff Squire, Brad Hutchison, Charles Roberts, Michael Wulforst. The applicant presented the project in terms of the submitted materials summarized as follows: • The Community Builders (TCB) is working with Kestrel Land Trust (KLT) on this project. • TCB is a national non-profit organization the develops affordable housing nationwide. • KLT is an organization that has been conserving land along the Connecticut River Valley for 50 years. • The Mass Audubon will hold the conservation restriction of 43 acres. • The project will create 87 new homes, consisting of a mix of Studio, 1, 2, and 3-bedroom units, and rehabilitate 40 existing units. • The units will be meet the state and city’s energy goals. • The applicant is a limited dividend organization, has control of the land, and the proposed project is eligible. Therefore, the applicant meets the eligibility requirement for a comprehensive permit under 760 CMR 56.00 • The property consists 55.56 acres over 4 parcels, with 642 feet of frontage. The site sits predominantly in the R35 zoning district, with some portion in the R15 zoning district. The site abuts the Manhan river and the Pomeroy Meadow Conservation Area. • There is a gas easement that runs through the north of the property. • The proposed development is significantly lower impact then other potential proposals, given the size of the lot. • The proposed project will include 43 acres conservation land with public access. • There are 3 new proposed buildings, each consisting of roughly 13,500 square feet, and 3 parking lots with roughly 84 parking spaces. 20% of the parking spaces will be EV ready. • The project will connect to city water and sewage. • The stormwater management will consist of constructed wetlands, as well as enhancing existing wetlands. • The project proposes a new bus stop for the apartments. • The architectural design has the narrow end of the buildings facing route 10, to allow maximum visibility of the conservation land from the street. • Each building will have 29 apartments, and a common space on the ground floor. • The applicant explained the metrics for how they conducted their traffic analysis. • The sight distance at the existing and proposed driveways exceeds state standards, and the proposal will have minimal impact to the surrounding roadways and intersections. • The existing crash rate at the Main St/South St intersection is twice the state-wade average, all other intersection looked at for this analysis were below average. • Remedial measures such as signage, striping, and enforcement could be considered to reduce vehicle speeds traveling along Main St. In their discussion with the Board, the applicant’s responses are summarized as follows: • There are two paved entrances to the site. The traffic flow throughout the site will be one way, so one is an entrance and the other an exit. • Easthampton may impose a local preference condition which would give housing preference to current residents of Easthampton. • This project looks to meet the needs of Easthampton by providing affordable housing for families. • Tenant applications are subject to background checks before approval.  • This project will contribute to both the City’s Open Space and Recreation Plan as well as it’s Housing Production Plan, which is unique to this project as development and conservation often compete. • The project will enhance the existing wetlands. The project will not have stormwater leaving the site. • There is a culvert on the site that drains to an unknown location. It is presumed to have been placed by MassDOT, but they are unable to produce records of the culvert. • The site is able to handle the rain from a 100-year storm according to the States most up to date guidelines. • The driveways on the site will be offset from the driveways across the street. • The conservation land will be open to the public, and there will a parking area at the north- east section of the site off of Main St. The parking for residents would be marked and restricted. • There is an existing farm road that gives access to the rear of the building. This road would only be available to emergency vehicles, or for use as a pedestrian path. • There will be a bus stop added on Main St near the driveway entrance. • The housing parcel will be owned by TCB and the conservation parcel will be owned by Kestrel Land Trust. Kestrel Land Trust will not have anything to do with managing the housing. Public Comment The following members of the public spoke, summarized as follows: • Gary Wilson spoke about the following: he had not received notification for the hearing; asked about the hours for the public parking for the conservation land next to his property line; he was concerned about people parking in the parking lot and wandering onto his property; he wanted to know what would happen to the water runoff from the site. o The applicant and the Board responded that notification had been sent about 2 weeks prior to the hearing, the parking would be available dawn to dusk, and that there would be no lighting along the path, there could be plantings added along the path to create a barrier, and by law, all storm water from that falls on site must be handled on site. • Mayor LaChapelle stated that there had been conservation work with Kestrel on another project near her home that has not generated significant crime, and police regularly monitor the parking lot. Similar projects that have increased density have not generated disproportional calls for service from the police. The increase in traffic from this project will require traffic mitigation, which can improve safety over current conditions. She also stated her support for this project, as it creates less impact and more conservation than other potential projects that had been proposed by developers in the past for this parcel. The current proposed project helps the city meet its climate action goals. • Cathy Wauczinski stated several abutters she spoke to did not receive notice of the meeting, and that she did not see notification on the city’s website. The proposed buildings are unsightly and the buildings could be more “within the character” of the community. Kathy stated the traffic study did not mention Truehart Drive, the immediate roadway closest to the proposal. Kathy asked what will this project do for light pollution to abutters and what impact will the project have on city infrastructure such as water and sewer.  • A resident Would like to know what is the median income of Easthampton, and what are is the square footage of the unit being proposed. How long will the affordability of the unit remain? o The Applicant replied they will be able to provide the area median income. The Studios will be ~550 square feet, 1 bed room will be ~700, 2 bedrooms will be ~850, 3 bedroom ~will be 1100-1200. The affordability restriction will be 99-years. • Greg Richane stated he supports the project and encourages the board to approve the project, as it helps address the housing needs of Easthampton and conserves a large deal of land in perpetuity. • Marty Klein stated he’s commenting on behalf of the Pascommuck Conservation Trust, and non- profit all volunteer land trust in Easthampton. The PCT was interested in this property, but was financially unable to obtain this property. He stated he is excited to see a large amount of this parcel will be preserved, and he supports this project. • Tom Brown stated that he serves as chair of the Economic Development Commission housing. Housing has been a major concern for the commission, as it is critical for any further economic development. Housing development should be a priority for the city. • Julie asked about why the traffic study didn’t account for the other developments that are being built in town, and will the new development impact school demand in a manner that will require an override to the tax code. • Enrico Grillo stated he would encourage the board to look what this proposal brings in terms of housing availability to Easthampton. He stated there is a need locally and nationally for housing. Lack of housing can cause increases in traffic, as more people would need to commute to the city for work. • Cathy Wauczinski asked if any of the land is already conserved, and stated the she believes the city exceeds it’s 10% affordability requirements. Are our schools able to handle the increased capacity from the increase of new residents. • Mayor LaChapelle stated that during the Tasty Top project, the mayor’s office commissioned a study about the schools, with the results showing the schools are able to handle the capacity associated with the proposed developments. Member Karella motioned to continue the hearing to June 26 at 6:30pm, Member Garceau seconded, the vote passed with Chair Atwater, Member Karella, Member Garceau, and Member Ferris voting in favor, and Member Waugh Abstaining. Member Karella motioned to Adjourn, Member Garceau seconded, the vote passed unanimously.