MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS. Meeting April 25, 2018

Transcription

1 MINUTES MANCHESTER-BY-THE-SEA ZONING BOARD OF APPEALS Meeting Members Present: Bridget Murray (Chairman), James Diedrich (Clerk), Sarah Mellish, John Binieris, and Laura Tenny. Members Not Present: Michael Sullivan. Ms. Bridget Murray, the Chairman, called the Meeting of the Manchester-by-the-Sea Zoning Board of Appeals ("ZBA") to Order at 7:00 p.m. Ms. Murray introduced the ZBA members to those in attendance. It is noted that the typed minutes represent the permanent record of the Board. The format of the hearing was explained to those in attendance by the Chairman. Ms. Murray explained the standard ZBA meeting procedures to the applicants and to the public. ADMINISTRATIVE MATTER Ms. Christina St. Pierre, the new Town Clerk for Manchester-by-the-Sea introduced herself and stated that she is in the process of becoming acclimated to the ZBA processes, and has been in contact with Mr. Diedrich and Ms. Ardolino frequently to make sure that she is doing things to support the ZBA, and making sure that we are not missing any procedural steps. In digging through the procedural steps we found that the application fee is not exactly covering the level of services that the ZBA is providing to the applicants. Mr. Diedrich suggested looking into how the ZBA in other municipalities operate. Ms. St. Pierre distributed a table entitled Zoning Board of Appeals Application Process Comparison, comparing Manchester-by-the-Sea's ZBA application process to that of Beverly, Marblehead, Gloucester, Rockport, Newburyport, Swampscott, and Cohasset, and explained as follows: It is up to the ZBA to decide on the level of services it wants to provide; however, we want to ensure that the application fees cover the cost of the services the ZBA provides. Last year, the application fees totaled approximately $4,600, and the cost of doing business (the budget between salaries and expenses, etc.) totaled approximately $31,000. The ZBA is very helpful to all the applicants by paying for the notices in the Manchester Cricket, purchasing and processing the abutters' mailings, and filing decisions with the Southern Essex Registry of Deeds. Ms. Mellish asked who has the authority to change the fees, and Ms. St. Pierre replied the Town Administrator and Board of Selectmen. Mr. Diedrich asked if there is/are any particular excessive expenses the ZBA should be aware of. Ms. St. Pierre replied that it depends on what the ZBA wants their Administrative Assistant to do, and which responsibilities you want to place on the applicants, and what you want to charge for whatever you are doing or not doing. It isn't necessarily an area where you can cut costs or save costs. The ZBA can continue to do business the same way, but increase the application fee. The Manchester Cricket's invoices range from $200 to approximately $500 per month. The abutters' lists range between $15 to $45 per month.

2 Filing each decision with the Registry of Deeds is $75. This does not include the salary for the Administrative Assistant, which varies per year, but ranges from approximately $2,500 to $3,000 per year. Ms. St. Pierre explained that she has managed to streamline some of her administrative processes involving the ZBA by stamping the Notices of No Appeal, saving the Administrative Assistant from having to prepare these certificates, allowing the Administrative Assistant to e- mail the agendas for posting, instead of creating a new posting document and having to bring it in personally, as well as allowing decisions to be submitted to the Town Clerk (original signature) by leaving it in the Town Clerk mailbox, again instead of having the ZBA members bring the decisions directly to the Town Clerk during office hours. One idea would be to have the applicants submit a separate check for the abutters' lists, so that way a check doesn't have to be requested from the Town to pay the Town, instead it just comes from the applicant and goes directly to that department, so that department can still claim the revenue, but it is 2-3 administrative steps that doesn't have to happen. Also, the Registry of Deeds there aren't many communities that file decisions on behalf of the applicants. It could become the applicants' responsibility to file the decision with the Registry of Deeds and then bring the recorded decision to the Building Inspector. Mr. Diedrich asked if legal fees for Town Council is included in the $31,000, and Ms. St. Pierre replied that legal fees are is not included in the ZBA's $31,000 cost for doing business, but there is a policy adopted that allows for legal fees to be charged back to the applicants. Mr. Diedrich stated that more than occasionally the ZBA receives applications that are either not complete, so the question is before we accept these applications can we get back to the applicants to complete their applications, to avoid a continuance due to insufficient information and incorporate this rule into the ZBA's Standing Rules. Ms. Mellish stated that most of the applications are filed right on the deadline date. Ms. St. Pierre suggested setting a specific day at a specific hour when application reviews are done, as Gloucester does. Ms. St. Pierre explained that as she learns more about Manchester and the ZBA By-Laws, the more she can be the initial buffer for the applications. For example, the Narrative has been lacking in some of the recent applications that have come in. Some of the communities have a Narrative template, listing the four (4) statutory considerations that a Variance can be provided. Ms. St. Pierre concluded that presently the ZBA provides the applicants with a lot of professional services. The ZBA can continue to provide the same level of service to the applicants, but in order to continue to do this, it will be necessary to increase the application fees. The alternative would be to make the applicants responsible for some of these professional services, as noted above. CONTINUED APPLICATIONS Ms. Murray introduced the application of Seventeen Proctor LLC, for a Special Permit under Sections 6.1.2, (f), and 7.5 of the Zoning By-Law, and/or other relief as may be necessary, to construct a tennis court, at 17 Proctor St., Assessor s Map 16, Lot 17, District E, filed with the Town Clerk on February 28, Page 2

3 Ms. Murray stated that Mr. Glovsky has ed a request and a formal letter on behalf of the applicant to withdraw this application, without prejudice. Ms. Murray filled out the Withdrawal Form. Ms. Murray made a motion to accept the applicant's request to withdraw, without prejudice, the application of Seventeen Proctor LLC, for a Special Permit under Sections 6.1.2, (f), and 7.5 of the Zoning By-Law, and/or other relief as may be necessary, to construct a tennis court, at 17 Proctor St., Assessor s Map 16, Lot 17, District E, filed with the Town Clerk on February 28, Mr. Diedrich seconded the motion. Vote: Ms. Murray, Mr. Diedrich, Ms. Mellish, Mr. Binieris and Ms. Tenny voted unanimously in favor of accepting the applicant's request to withdraw this application, without prejudice. Ms. Murray introduced the application of Maureen McCarthy/Deegan Partners LLC, for a Special Permit under Sections of the Zoning By-Law, and/or other relief as may be necessary, to expand existing single-family home in Zones D and B to two-family existing building (expansion will be 100% in Zone D), at 90 School St., Assessor s Map 41, Lot 87, Districts D and B, filed with the Town Clerk on February 28, Ms. Murray stated that Ms. McCarthy has requested that this application be withdrawn, without prejudice, and filled out the Withdrawal Form. Ms. Bodman Turner, 89 School St. requested denying the application or taking some sort of action to provide a "cooling off" period. Ms. Murray stated that the ZBA cannot force a vote on an application that is withdrawn. If an applicant requests a withdrawal, then the application is no longer before the ZBA. Ms. Turner also voiced concern over traffic and safety issues and the number of vehicles on the properties in question. Ms. Mellish stated for informational purposes that Ms. McCarthy is planning to make a presentation at the Affordable Housing Trust meeting on May 8, Ms. Murray explained that if the 40B application is filed with the State, the State will give the Town thirty (30) days to respond, and then the state will make a ruling. If the 40B application meets the state requirements, then the ZBA's input is limited to safety concerns. We cannot apply the same Zoning By-Laws. Ms. Christine Delisio, 6 Lincoln Ave. (abutter behind the three properties in question), and Planning Board member, asked that it be put on the record that Ms. McCarthy was hostile and made threats to the neighbors, and also requested that the ZBA deny her application. Ms. Murray stated that Ms. McCarthy's application is no longer before the ZBA, due to her request for withdrawal. We could accept the withdrawal with prejudice, but hesitate to do so because Ms. McCarthy has followed all the steps through the ZBA application process, and we cannot force Ms. McCarthy to go forward with this application. A withdrawal without prejudice can allow the applicant to return at a later date with revised plans that may be acceptable to the Page 3

4 neighborhood and the ZBA. A withdrawal without prejudice will not allow the applicant to return for two (2) years, and the applicant would have to file a new application. Al Centner, 72 School St. voiced concern over the use of the property as long and shortterm rentals and its consequences and effect on the neighborhood. Mr. Centner also expressed concern over the use of the property being misrepresented in the potential 40B application. Mary McCardle, 87 School St. asked if the ZBA is aware of the construction happening in one of Ms. McCarthy's units in the third floor space. Ms. Murray replied that the ZBA does almost no ruling on interior renovation that is the Building Inspector's responsibility. Ms. Mellish suggested that the neighbors attend the next Town Meeting in October and bring forth an Article for some type of amendment to the By-Law to address use of rental properties (10 people required). Ms. Murray suggested that the neighbors get organized. Ms. Murray suggested that the neighbors hire an attorney to guide them through the process and assist with negotiations with the developer to make the proposed project less intrusive than is originally intended. If the neighbors do not provide input, the 40B application will be filed with the State, and then the ZBA will not have the jurisdiction over the size of the proposed project. Ms. Murray asked for a discussion among the ZBA members. Mr. Diedrich stated that he appreciated the neighbors' comments. The ZBA will do whatever we can, consistent with what we are charged to do. Mr. Diedrich suggested that the neighbors organize, hire an attorney, and look at the options available. The ZBA members will be educated regarding the 40B process in the near future. Ms. Mellish stated that the best resource for 40B information is Sue Brown, the Town Planner. Ms. Murray made a motion to accept the applicant's request to withdraw, without prejudice, the application of Maureen McCarthy/Deegan Partners LLC, for a Special Permit under Sections of the Zoning By-Law, and/or other relief as may be necessary, to expand existing single-family home in Zones D and B to two-family existing building (expansion will be 100% in Zone D), at 90 School St., Assessor s Map 41, Lot 87, Districts D and B, filed with the Town Clerk on February 28, Ms. Mellish seconded the motion. Vote: Ms. Murray, Mr. Diedrich, Ms. Mellish, Mr. Binieris and Ms. Tenny voted unanimously in favor of accepting the applicant's request to withdraw this application, without prejudice. NEW APPLICATION Ms. Murray introduced the application of Neighborly Restaurant Corp., d/b/a Cala's Restaurant, for a Special Permit under Sections and of the Zoning By-Law, and/or other relief as may be necessary, to install a new 10' x 19' prep kitchen expansion space, using insulated metal panels for the walls and roof set on a 4' cast in place, concrete frost wall foundation, at 7 Beach St., Assessor s Map 45, Lot 14, District G, filed with the Town Clerk on March 20, Page 4

5 Mr. Edward O'Connor introduced himself as the builder representing the applicant, Mr. Jeff Cala. Mr. O'Connor explained as follows: The existing kitchen space is very tight, and there is presently a lot of activity in a very small space. The purpose of the proposed project is to provide adequate kitchen space for more food and operational safety, at the same time making the proposed addition simple and as little intrusive as possible, so that the kitchen can be kept clean and neat. There is a shed depicted on the architect's plan, but the shed will be removed. The restaurant will be closed for this construction, and during this time some internal renovation will take place. If this application is approved, the project will be started after the summer season and the goal is to have it completed by November, so it will have the least impact on the community. Ms. Mellish asked about the impact on the parking in the rear parking lot. Mr. O'Connor replied that the plan is to consolidate and remove the clutter in the rear of the building and parking lot. 200 square feet of space will be lost, but food and supply deliveries will be done in the morning prior to Cala's opening. Mr. Diedrich stated that probably only one full parking space will no longer be available, once the project is completed. Mr. O'Connor explained that the architect was very conscious about the parking issue, due to the tight space in the rear. Mr. Diedrich stated that Mr. Brown, the owner of the building, has no issue with this change. Mr. O'Connor said that the Neighborly Restaurant Corp is a good neighbor at all its sites. There were no further questions or concerns from the ZBA members and none from the public. Ms. Murray made a motion to approve the application of Neighborly Restaurant Corp., d/b/a Cala's Restaurant, for a Special Permit under Sections and of the Zoning By- Law, and/or other relief as may be necessary, to install a new 10' x 19' prep kitchen expansion space, using insulated metal panels for the walls and roof set on a 4' cast in place, concrete frost wall foundation, at 7 Beach St., Assessor s Map 45, Lot 14, District G, filed with the Town Clerk on March 20, Based upon a finding that the proposed expansion will not be substantially more detrimental to the neighborhood than the existing structure, and that the building be in compliance with the plans filed with the application labeled G01. And A1.1 by Derby Square Architects. Mr. Binieris seconded the motion. Vote: Ms. Murray, Mr. Diedrich, Ms. Mellish, Mr. Binieris and Ms. Tenny voted unanimously in favor of approving this application. Mr. Binieris will write the decision, and Ms. Mellish will review it. Documents Produced: Plan G0.1 Cover Sheet (plan with dimensions of proposed addition) and Plan A1.1 Main Floor Plan with Sections and Elevations, prepared by Derby Square Architects, Salem, MA, one (1) page each. ADDITIONAL ADMINISTRATIVE MATTERS ZBA Meeting Minutes: Review and approval of the March 28, 2018 minutes. The ZBA members had read and reviewed the minutes, suggesting some minor edits that Page 5

6 Mr. Diedrich had already incorporated. Mr. Diedrich suggested that going forward we add a version number and date, so that we know which is the latest draft of the minutes, and also suggested not using abbreviations, such as ft. for foot/feet or sq. for square. Ms. Mellish suggested that when the minutes are distributed by , they include who is responsible for writing and reviewing the decisions for each application. Ms. Murray made a motion to approve the March 28, 2018 minutes, as revised. Ms. Mellish seconded the motion. Vote: Ms. Murray, Mr. Diedrich, Ms. Mellish, Mr. Binieris, and Ms. Tenny voted unanimously in favor of approving the minutes, as revised. Informal Transitional Meeting: Mr. Diedrich stated that he met with Ms. Murray and Mr. Sullivan after the site visit to make a smooth transition from Mr. Sullivan to Ms. Murray as the new Chairman. We decided it would be best to get the decisions filed before the next meeting, despite the fact that we technically have 90 days from the meeting date for a Special Permit, and 100 days from the date the application was filed with the Town Clerk for a Variance. Ms. Mellish suggested that the author and reviewer be chosen prior to hearing an application, so that the appointed author and reviewer can more intently focus on the presentation, and all ZBA members agreed. Ms. Ardolino asked if the minutes regarding applications that require decisions can be circulated by first, adding the addresses of the applications in the subject line, in the event that there are applications that are continued, withdrawn, or voted against from the meeting. This would allow the ZBA members writing the decisions access to the minutes faster. The ZBA members agreed it would make sense. Ms. Ardolino asked if the ZBA members had a preference regarding the distribution of the agendas and applications mail or . The ZBA members would like to receive these by both and mail. ZBA Application Revisions: Mr. Diedrich stated that it was brought to his attention that both Mr. Glovsky and Mr. Breuker had issues with our ZBA application, and Mr. Diedrich, Mr. Glovsky, and Mr. Breuker will meet next week to discuss these issues. Suggestions for Town Meeting: Mr. Diedrich suggested changing the By-Law regarding the ZBA application, including changing the number of required copies of the application. Ms. Mellish suggested making changes to the By-Laws for District D. The deadline for proposed Articles for the Warrant is approximately thirty (30) days, but we should include input from the Board of Selectmen and the other Town Boards and target the fall Town Meeting, instead of the spring. Mr. Diedrich stated that Ms. Ardolino will be changing her title as Clerk to Secretary or Administrative Assistant, in order to avoid confusion with Mr. Diedrich's new title as ZBA Clerk. Also, the ZBA website needs to be updated with the appropriate board member information. Unfortunately, this was Ms. Tenny's last ZBA meeting. Ms. Tenny thanked the other ZBA members for being so great to work with, and she learned so much from serving on the ZBA. The ZBA members thanked her for her service and encouraged her to return as a ZBA member in the future. Page 6

7 Ms. Murray made a motion to adjourn the meeting. Mr. Diedrich seconded the motion. Vote: Ms. Murray, Mr. Diedrich, Ms. Mellish, Mr. Binieris, and Ms. Tenny voted unanimously in favor of adjourning the meeting. The meeting was adjourned at 8:17 p.m. Respectfully submitted, Adele Ardolino, Administrative Assistant Manchester-by-the-Sea Zoning Board of Appeals These Minutes were approved by the members of the Zoning Board of Appeals on May 23, N.B. These minutes are not verbatim. They are the Secretary s or Administrative Assistant sclerk's (choose one) interpretation of what took place at the meeting. Page 7