11/13/2019 - ZBA Meeting

Moderator: Maria Lajoie

11/13/2019 - ZBA Meeting

Postby Maria Lajoie » Thu Nov 07, 2019 11:53 am

ZONING BOARD OF APPEALS MEETING
A G E N D A
WEDNESDAY, NOVEMBER 13, 2019
7:00 PM
Community Meeting Room

Business:

7:00 PM
1. 2020 Zoning Board of Appeals Meeting Schedule – Possible Vote
2. Purchase of chair(s) for Meeting Room – Possible Vote
3. Approve Minutes: 9/11, 10/1, 10/9 – Possible Vote

7:15 PM PUBLIC HEARING: JEH Real Estate Investment Company, LLC
40 Depot Street
Date of Application: 10/22/2019
Decision Date for Special Permit: 90 days after close of Public Hearing


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Future Agenda Items:
TBD: Zoning Bylaws: Definition of Structures
Upcoming Meeting: 12/11










Note: Times are estimates unless denoted as a Hearing.
Items listed are those reasonably anticipated as a topic
48 hours in advance by the Chairman

The Town of Douglas is an equal opportunity Provider and Employer.
Maria Lajoie
Maria Lajoie
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Location: Community Development Department

Re: 11/13/2019 - ZBA Meeting

Postby Mary Wright » Mon Dec 16, 2019 6:37 pm

ZONING BOARD OF APPEALS MEETING MINUTES
WEDNESDAY, NOVEMBER 13, 2019

A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, November 13, 2019. Mr. Heney called the meeting to order at 7:05 PM in the Community Meeting Room.

ATTENDANCE:
PRESENT: Daniel Heney (Chairman), Michael Fitzpatrick, Pamela Holmes (Vice Chairman), Louis Tusino (Alternate)
ABSENT: Sean Holland, John Bombara
NON-VOTING:

BUSINESS:
1. 2020 Zoning Board of Appeals Meeting Schedule-Possible Vote. Mr. Fitzpatrick made a motion to approve the 2020 Zoning Board of Appeals Meeting Schedule as presented. Ms. Holmes seconded the motion. Vote: Aye-4.
2. Purchase of chair(s) for meeting room-Possible Vote. Ms. Holmes asked to know who initiated the concern about the chairs needing to be replaced. The cost is $200/chair. It was decided to discuss this item further at the next meeting.
3. MINUTES: September 11, October 1 & October 9, 2019.
Ms. Holmes made a motion to approve the September 11, 2019 ZBA meeting minutes as presented. Mr. Fitzpatrick seconded the motion. Vote: Aye-4.
Ms. Holmes made a motion to approve the October 1, 2019 ZBA meeting minutes as presented. Mr. Fitzpatrick seconded the motion. Vote: Aye-4.
Mr. Fitzpatrick made a motion to approve the October 9, 2019 ZBA meeting minutes as presented. Ms. Holmes seconded the motion. Vote: Aye-4.

7:15 PM PUBLIC HEARING: JEH REAL ESTATE INVESTMENT COMPANY, LLC, 40 Depot Street.
Mr. Heney opened the public hearing. Atty. Rob Knapik joined the meeting. Also present were Jim Hasty of JEH Real Estate and architect Gary Moyer. Atty. Knapik explained that the applicant is before the ZBA to ask for a special permit to reconstruct a building partially damaged by fire last March. At the time of the fire, the building had 7 apartments and a total of 15 bedrooms. The fire damaged the newer addition, but did not damage the older front portion of the building, built around 1870. Atty. Knapik stated that the bylaw states that a nonconforming structure can be reconstructed after catastrophe upon issuance of a Special Permit by the ZBA.
The part of the building damaged by fire contained 4 apartments. The plan is to renovate the front part to have 3 3-bedroom units and add a section with 5 2-bedroom units, creating an 8 unit apartment building with 19 bedrooms. The parcel is in Village Residential and the lot is a pre-existing nonconforming lot. The proposed project will meet the setback requirements.
If the ZBA grants the special permit, the next step would be to submit a plan for Site Plan Review to the Planning Board.

Atty. Knapik does not feel that the extra unit will adversely affect traffic or safety. Atty. Knapik outlined some of the reasons why he feels that the project meets the requirements for a special permit: preserves social, economic and community needs, accommodates housing needs, no meaningful additional demand on public utilities, maintains neighborhood character and social structure, and no adverse impacts on the natural environment.
Regarding the fiscal impact, Atty. Knapik feels the project will increase the assessed value of the property, thereby increasing tax revenue to the Town.
Mr. Moyer presented the architectural plans, including elevations.
Atty. Knapik quoted the applicable bylaw. Mr. Heney stated that the applicant has only 33,000 sq. ft. of land. The project will have Town sewer.
John Linde of 43 Depot Street has a problem with the parking. He stated that the parking lot is elevated, there are cars going in and out all night long, and lights shine into his living room and bedroom. Parking is insufficient and is a worse problem in the winter. Atty. Knapik said that the special permit could be conditioned to add screening. Mr. Heney read from the bylaw regarding screening for off-street parking. Atty. Knapik stated that their parking plan would comply with that requirement for screening on the sides and the rear. In addition, they could add screening to the front. Mr. Linde replied that the lights will still shine on the house when vehicles exit the lot. He is opposed to adding the extra unit.
Mr. Hasty stated that he could tear down the front historical part, but he is trying to make it work for everyone.
Mr. Heney and Ms. Holmes were concerned about the density. A discussion was held.
Bob Josey of 41 Depot Street is concerned that the water main in the street may not be large enough for the building to be sprinklered. Atty. Knapik stated that that issue would be vetted during the site plan review process. Mr. Josey asked if it would be possible to have the exit for the lot to be out Martin Road. Atty. Knapik stated that the issue is the banking.
Atty. Knapik suggested a design to reduce the number of bedrooms. Mr. Fitzpatrick suggested 7 units and 16 bedrooms. A discussion was held.
Kevin Josey of 15 Martin Road is not opposed to replacing what was there. He would like to look more into the project.
Ms. Holmes asked to see an overlay of what the parking for the property looks like now and what is proposed.
Karen McNamara of 44 Depot Street asked for the distance between the boundary line towards Martin Street and the end of the last unit. Atty. Knapik replied approximately 55’. The distance to Martin Road is 80’-100’.
Ms. Holmes made a motion to continue the public hearing for JEH Real Estate Investment Company, LLC, 40 Depot Street to December 11, 2019 at 7:15 PM. Mr. Fitzpatrick seconded the motion. Vote: Aye-4.

8:22 PM ADJOURNMENT:
Mr. Fitzpatrick made a motion at 8:22 PM to adjourn the ZBA meeting. Ms. Holmes seconded the motion. Vote: Aye-4.

Respectfully submitted,


Mary Wright
Recording Secretary
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