Loading...
2008 ZBA minutes Northampton Zoning Board of Appeals Minutes of Meeting Thursday, January 10, 2008 Council Chambers, Wallace J. Puchalski Municipal Building, 212 Main Street, Northampton, MA. Members Present: Time 5:30-6:00 pm Chair, Sara Northrup 5:30-6:00 pm Vice Chair, David Bloomberg, Assoc. Member, Bob Riddle - 5:30-6:00 pm Malcolm B. “Barry” Smith - Assoc. Member,Roisin Quinn Staff Present: Time 5:30-6:00 pm Senior Planner, Carolyn Misch 5:30-6:00 pm Michael Cote, Intern 5:30 pm Sara Northrup opened the ZBA meeting and public hearing for the previously postponed request by Helen Kahn for a Special Permit to erect a second wall sign at 1 North Main St., Florence, Map ID 17-224. David Bloomberg noted that he represents the owner’s of the building in which applicant holds a lease. Helen Kahn, of Cup and Top, described her application to the board. The board discussed the application details. Sara Northrup opened the floor to the public. No public present. 5:40 pm Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to close the hearing. 5:40 pm Upon motion by David Bloomberg and second by Barry Smith, the board voted unanimously to approve special permit. Upon motion by David Bloomberg, second by Barry Smith, the board voted unanimously to accept minutes as presented of the November 8, 2007 meeting. 5:45 pm Sara Northrup opened public hearing to review request by UMassFive College Federal Credit Union for a special permit to install additional signage for the ATM canopy at 243 King St, Northampton, Map ID 24B-66. Ann Pinkerton, UMass College Federal Credit Union, described the application to the board. The board discussed application details, which showed two versions of the proposed sign. Sara Northrup opened the floor to the public. A Credit Union employee thanked the board for hearing the application and voiced his support for the application. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to close the hearing. Upon motion by Barry Smith and second by David Bloomberg, the board voted unanimously to approve the 8’ x 3’ version of the sign in the application. No other business. 6 pm Upon motion by David Bloomberg and second by Barry Smith the board voted unanimously to adjourn. Northampton Zoning Board of Appeals, Zoning Administrator Meeting Minutes of January 10, 2008 Hearing Room 18, 210 Main Street, Northampton, MA. Members Present:Time Chair, Sara Northrup 5:30- 6:20p.m. Vice Chair, David Bloomberg 5:30- 6:20p.m. Malcolm B. “Barry” Smith 5:30- 6:20p.m. Bob Riddle Assoc. Member 5:30- 6:20p.m. , Assoc. Member Staff Present: Time Planning Director Wayne Feiden Senior Planner, Carolyn Misch 5:30- 6:20p.m. Intern, Michael Cote 5:30- 6:20p.m. 5:30p.m. Sara Northrup opened the ZBA meeting with the request by Robert Andrews for a Variance to install an emergency egress in the side-yard setback at 300 Elm St., Northampton, Map ID 31A-82. Andrews presents his application to the board. Northrup opens for public comment. Resident homeowner and abutter, Map ID 31A-083, objects to the staircase over concern that it interferes with her winter driveway snow removal. Also concerned that the location of the new staircase would negatively affect her property's value. Andrew responded that the position of the staircase is designed specifically to avoid and accommodate his neighbor's snow removal procedure. He demonstrated that the staircase would be several feet away from her property as well as from potential plow-blade intrusion. Andrews reiterated that the city requires a secondary egress in order for his property to be sold. 6 p.m. Upon motion by Barry Smith and second by David Bloomberg the board voted unanimously to close the hearing. Board discusses whether there are viable alternatives for the egress location. Carolyn Misch advised that an alternatives are possible. Upon motion by David Bloomberg and second by Barry Smith the board voted 2-1, Northrup in favor, Riddle abstain, to deny the application. 6:20 p.m. Upon motion by Barry Smith and second by David Bloomberg the board voted unanimously to approve the minutes from October 11, 2007 and January 10, 2008. Upon motion by David Bloomberg and second by Bob Riddle the board voted unanimously to adjourn. The Northampton Zoning Board Administrator Minutes of Meeting April 23, 2008 City of Northampton Hearing Room 18, 210 Main St., Northampton, MA Members Present: Time  Chair, David Bloomberg Vice Chair, Malcolm B. “Barry” Smith Sara Northrup Bob Riddle, Assoc. Member Staff:  Senior Planner, Carolyn Misch Planning Director, Wayne Feiden 4:00 P.M. David Bloomberg opened the request for a Finding to expand a non-conforming side yard setback by Robert Walker for property located at 13 Fort St., Northampton, Map ID 38B-179. Steven Ross, representing Bob Walker, described the layout of the project. David Bloomberg asked about the siding materials. Libby Arney, 11 Fort Street, abutter raised a concern about the lack of a survey and presented pictures of the neighborhood. Gary Miller, 17 Fort Street raised a concern about the size/scale of the structure and the iming of construction. Mike Ahearn, 24 Fort St. and 20 Fort St. raised concern about lack of a survey. Ross responded to concerns of height and noted that a pitched roof like others in neighborhood would create a taller addition. The proposed has a flat roof. David Bloomberg stated that given the concerns from more than one abutter about the lot size and size of expansion, he would continue the hearing for a chance for the applicant to obtain a survey and evaluate options for reducing the scale of the project. The continuation date was set for 5-28 at 4 PM. The Northampton Zoning Board of Appeals Minutes of Meeting June 12, 2008 City of Northampton Council Chambers, 220 Main St., Northampton, MA Members Present: Time Chair, David Bloomberg 5:30 – 7:30 pm Vice Chair, Malcolm B. “Barry” Smith 5:00 – 7:30 pm Sara Northrup 5:30 – 7:30 pm Bob Riddle, Assoc. Member 5:30 – 7:30 pm Staff: Planner, Peg Keller 5:00-5:30 pm, 7:00-7:30 pm Planner, John Frey 5:00 – 7:30 pm Planning Director, Wayne Feiden 5:30 – 7:00 pm 5:00 P.M. Sara Northrup opened the public hearing on the request by Elissa Forman for a Finding to construct a ground level deck four feet from the side yard lot line at 33 Keyes Street (Map 17C, Parcel 148). She recognized the applicant, Elissa Forman. Elissa Forman explained there is currently a keystone patio in place used only for recreation over which she proposes to construct a ground level deck. She explained there is a privacy fence in place already on the lot line, which she will continue to maintain. Also, all the neighbors required by ordinance were notified of the meeting. Sara Northrup read a letter from the DPW stating it has no concerns regarding this project. Sara Northrup opened the floor for public comment of which there was none. Sara Northrup closed the public hearing portion of this meeting. Sara Northrup decided in favor of the Finding to build a ground level deck, ~220 sq. ft. in size, four feet from the side yard lot line. 5:30 P.M. David Bloomberg opened the public meeting to hear an appeal of the Building Commissioner’s decision on alleged zoning violations of the Northampton Regional Landfill and seeking discontinuance of use as regional sanitary landfill (Map ID 42-089). All sides spent the first half of the meeting determining a time schedule for future meeting and submittal of briefs. The schedule is as follows:  June 23, 2008 – DPW submits brief  June 26, 2008 – continuance of hearing  August 21, 2008 – final briefs due  September 1, 2008 – rebuttal briefs due  September 11, 2008 – ZBA deliberation meeting  September 30, 2008 – decision due Upon motion by Barry Smith, seconded by Sara Northrup, all vote in favor to extend final decision to September 30, 2008. Attorney Peter Koff, representing the appellants, sign the necessary documents allowing the decision extension. All sides agree to submit brief text by email. Any attachments are to be submitted by hard copy to the Northampton Planning Department to forward to the ZBA. Both sides also agree to submit a “stipulation of facts” to the ZBA as soon as possible. David Bloomberg explained the question before the ZBA is whether the Northampton Zoning Enforcement Officer (Building Commissioner, Anthony Patillo) erred in not finding the landfill currently operating illegally for failure to secure proper City permitting during their expansion to a regional facility in 1990. The purpose is not to determine whether the landfill is detrimental to the community or whether it should be expanded further. Also before the ZBA is to determine the scope of standing for the appellant. Attorney Koff begins his presentation of facts with a slide show and questions for appellant, Michael Fedora of 238 Glendale Rd. Mr. Fedora spoke of the history of the landfill and the negative impact it has had on his quality of life. (Full texts of the proceedings are available from the verbatim transcript of the meeting, which is attached by reference.) Public comment began with Lillian Fedora (Appellant), 238 Glendale Rd. explaining the problems with living next to the landfill since 1977. She explained there have been odors for at least 20 years. Craig Odgers (Appellant), 97 Glendale Rd. asked questions regarding the need for City permitting. He stated the City should be held accountable for their neglect in not receiving the necessary permits. Mary Odgers (Appellant), 97 Glendale Rd. argued there was a major change in use when the landfill expanded to be a regional facility. She argued if the City did not expand to be a regional facility they would not now need to expand capacity. Bob Aronson spoke of the impact truck traffic has on the local community. The scale of trucks needed constitutes a definite change in use. Linda Hiesiger (Appellant), 981 Parkhill Rd. spoke to the horrible odors emanating from the landfill. She also noted the extensive number of complaints logged by DEP when the landfill expanded to a regional facility. Upon motion by Sara Northrup, seconded by Barry Smith, all vote in favor of continuing the hearing to June 26, 2008 at 5:30 pm. At 7:00, the Zoning Board moved to Room 11, City Hall (as noted in the legal notice and agenda). 7:03 P.M. David Bloomberg opened the public meeting on the request by Taco Bell of America, Inc. for a special permit to install four signs on the new Taco Bell/KFC establishment proposed at 203 King Street (Map 24D, Parcel 329). He recognized Huseyin Sevincgil, an engineer with MHF Design Consultants in Salem, N.H., on behalf of the applicant Taco Bell of America, Inc. Huseyin Sevincgil explained that by right the restaurant is permitted one sign on each side (25 sq. ft. max each side) and two signs on the front façade (69 sq. ft. max total). The applicant’s proposal meets the side requirements but they request permission for four smaller signs on the front totaling just 64 sq. ft. Two signs would have wording (Taco Bell and KFC) and two would be logos. The signs would be illuminated internally. The building would be LEED certified and therefore the signs would be lit with LED or other low output fixtures. David Bloomberg opened the floor for public comment of which there was none. Peg Keller stated the conditions by which allowance are acceptable (see Chapter 350, Section 7.2M). Upon motion by Barry Smith, seconded by Sara Northrup, all (Barry Smith, Sara Northrup, and Bob Riddle) vote in favor of closing the public hearing portion of the meeting. Upon motion by Sara Northrup, seconded by Barry Smith, all (Sara Northrup, Barry Smith, and Bob Riddle) vote in favor (pending any conditions imposed by the Planning Board) of the applicant’s request for a special permit to install four sign on the front façade (64 sq. ft. total). 7:25 P.M. David Bloomberg presented the minutes from the May 22, 2008 meeting for approval. One change needed to be made. Sara Northrup was in attendance. Change made to reflect her attendance. Upon motion by Barry Smith, seconded by Bob Riddle, all vote in favor of accepting the amended minutes of May 22, 2008. 7:30 P.M. Upon motion by Bob Riddle, seconded by Barry Smith, all vote in favor of adjourning the public meeting. The Northampton Zoning Board of Appeals Minutes of Meeting June 26, 2008 City of Northampton Council Chambers, 220 Main St., Northampton, MA Members Present: Time Chair, David Bloomberg 5:30 – 8:46 pm Vice Chair, Sara Northrup 5:30 – 8:46 pm Malcolm B. “Barry” Smith 5:30 – 8:46 pm Bob Riddle, Assoc. Member 5:30 – 8:46 pm Staff: Planner, John Frey 5:30 – 8:46 pm Planning Director, Wayne Feiden 5:30 – 8:46 pm 5:30 P.M. David Bloomberg re-opened the public meeting (continued from June 12, 2008) to hear an appeal of the Building Commissioner’s decision on alleged zoning violations of the Northampton Regional Landfill and seeking discontinuance of use as regional sanitary landfill (Map ID 42-089). NOTE - Full text of the proceedings is available from the verbatim transcript taken during the meeting. Said transcript is referred to by reference. David Bloomberg recapped the timeline of coming dates concerning this appeal.  June 26, 2008 – continuance of hearing (short additional presentation from appellants and full presentation from appellees)  August 21, 2008 – final briefs due  September 1, 2008 – rebuttal briefs due  September 11, 2008 – ZBA questions & deliberation meeting  September 30, 2008 – decision due Attorney Peter Koff continued his presentation on behalf of the appellants. He presented a timeline display showing the changes to the landfill over the years and the corresponding permits obtained or failed to be obtained. Attorney Thomas Mackie began his presentation on behalf of the City of Northampton, Department of Public Works. On Monday, June 24, 2008 he submitted a 20-page memorandum outlining the defense. He plans to present four people on behalf of the DPW:  Janet Sheppard, City of Northampton solicitor will speak regarding the history and zoning enforcement at the landfill.  Anthony Patillo, Building Commissioner will speak regarding his zoning appeal decision.  Peter McErlain, former City of Northampton, Director of Health will speak regarding the operation changes at the landfill over the years.  Jim Laurila, City of Northampton, DPW Engineer will speak regarding the waste tonnage calculations. Attorney Mackie highlighted the pre-hearing memorandum:  The 1990 change in use was not to the magnitude warranting a permit change.  Zoning ordinance changes over the years do not apply to structures or uses lawfully in existence before the change. The landfill was lawfully started in 1974. Later zoning ordinances do not apply and the landfill should remain under 1969 ordinances.  The City does not dispute the landfill’s expansion to a regional facility.  The appellant has the burden of proof in a ZBA appeal. Also, the ZBA must be unanimous in order for the appeal to be accepted.  The building commissioner and city solicitor found the regional expansion to be lawful in 1988. A 6-year statute of limitations then applied to any appeals.  Natural progression, growth and change in best business practices not enough to signal a non-conforming use change.  A letter was presented confirming the presence of iron floc in 1969 before the opening of the landfill.  The yearly tonnage data has remained fairly steady since 1990. The source of waste has changed but has not created a “change in kind” on the neighborhood.  The City of Northampton has spent over $1million mitigating landfill odors. The appellant testified to odors existing since before 1990.  A traffic study in 2002 found mostly small trucks and pick-ups frequenting the landfill. Only 18-wheelers were for cover material. Very little history of accidents in the area. The traffic mirrored the tonnage data.  Only 13% of waste comes form outside the city. Also, the income from outside the city is a benefit to the residents of the City of Northampton. Janet Sheppard, City of Northampton Solicitor presented permitting history of the landfill. Major points included:  The applicable definition of non-conforming use comes from the 1949 zoning ordinance.  The zoning amendments of 1958 and 1974 exempt municipal uses. It was upheld in 1975 that the landfill is a municipal use.  The site has been used as a landfill since 1972. The appellant has brought no evidence of significant changes warranting a non-conforming change of use charge.  City Council votes since 1972 have demonstrated the council’s belief that no additional permitting has been required at the landfill. This issue was contested in 1988 and upheld.  The City of Northampton paid a claim to Mr. Fedora (appellant) in 1990.  Northampton zoning ordinances apply to the city just as they do to private citizens.  The final decree of 1972 did not limit the landfill to municipal usage only. Other towns have used since 1969 with day tickets. Sara Northrup, ZBA member disclosed working in the past on a city landfill tonnage data study. She stated the work on the study has no bearing on this case. Anthony Patillo, City of Northampton Building Commissioner spoke regarding his enforcement of zoning laws pertaining to the landfill. Major points included:  The area of the landfill property has not expanded since 1969.  The Board of Health was originally against the city landfill. It was legally permitted in 1969.  A 1988 letter from the city solicitor stated changes in cells and creation of lined cell did not create a change in permitted use of 1969.  The 1972 decree only stated the landfill needed to be municipally owned and operated.  Mr. Patillo testified to having firsthand knowledge of non-Northampton use of the landfill. While working as a contractor from Buckland, MA in 1985-88 he often used the landfill with a day ticket pass.  The building department issued a permit for leachate treatment in 1989. The statute of limitations to appeal that permit expired in 1995.  The power plant is an accessory use, not primary. It is a best practice technique used nationwide to mitigate possible methane explosions. Peter McErlain, former City of Northampton Director of Public Health (1977-2003) spoke regarding landfill practices over the years. Major points included:  The landfill did impact Hannum Brook, however the iron floc was pre-existing before 1969.  Mr. Fedora filed odor complaints in 1980 and 1989. Odors were confirmed.  No significant changes in equipment from 1978 to 1991, and then to 2001.  In 1984 the City of Northampton provided notice of intent to Massachusetts Executive Office of Environmental Affairs to expand to a new cell. A hearing was held in city hall and the expansion approved by DEP. Notice was sent to the community.  City Council in 1988 authorized $6.9mil for construction of the new lined landfill cell.  At that time no further unlined horizontal expansion allowed. Any expansion must be lined.  All discussion since 1977 was with intent of using full 50-acres of site for landfill.  The city sought bids in early 1990s to collect methane gas. First contract began in 1997 with Williams Energy. Currently contracted with Ameresco Northampton, LLC. Ameresco collects gas which is then sold to pay for the system. Jim Laurila, City of Northampton, DPW Engineer spoke regarding landfill usage and tonnage data. Major points included:  Two traffic studies from 2002 and 2005 show the area traffic to be within acceptable levels of service.  From 1969-1990 there was no scale at the landfill, all records kept by loose cubic yardage. Loose cubic yardage was consistent or falling between 1969 and 1990. Tonnage consistent from 1991-2007.  Current landfill limit set by DEP is 50,000 tons per year.  The historical number of communities using the landfill varies from 11 to 27. Currently 17 communities use the landfill. Attorney Arthur Krieger, representing Ameresco Northampton, LLC questioned Dan Gardner, project manager for Ameresco, regarding the methane capture equipment at the Northampton landfill. Dan Gardner explained the system. He demonstrated the collection system is integral to the safe and environmental operation of the landfill. He also explained current work is being done to install ductwork around the gas burner. This will be a directional abatement of the noise. Attorney Sheppard confirmed the city is not conceding appellant standing. Attorney Mackie asked the ZBA to specifically make a finding regarding standing. He noted there are two classes of abutters, those within 300’ of the landfill and those further away. Non- abutters need specific evidence to show standing. Attorney Krieger spoke more regarding Ameresco’s operations at the landfill. Major points included:  Progress of the unit installation was presented. Mitigation measures include silencer, fencing, and variable speed fans. After completion Ameresco will test for noise based on DEP requests.  Gas collection is not an accessory use, rather federal EPA standards state methane to electricity is a common practice and prevalent throughout Massachusetts.  Customarily incidental standard is met in this case.  The effort to collect methane gas dates back 15 years without objection.  The appellants have not met burden of proof regarding increased noise. No quantitative measurements have been presented. Peter McErlain spoke again regarding noise at the landfill. Basic landfill noise includes truck tailgates, banger guns for bird control, landfill trucks and high-pitched whine of gas pumps to old methane flares. Attorney Kreiger stated gas collection and mitigation must be done. It is not an accessory use, but rather a modernization of best landfill practices. However, Ameresco is permitted under either theory. Michael Fedora, 238 Glendale Rd. (Appellant) stated he has never received payment from the city for claims. Bob Aronson, 71 Sylvester Rd. stated he documented traffic at Jim’s Variety on West Farms Rd. for three 90-minute periods. He offered to share his data with the ZBA. Linda Hiesiger, 981 Parkhill Rd. (Appellant) stated the DEP has tested noise levels coming from the landfill. She stated the noise “sounded like a freight train”. Upon motion by Barry Smith, seconded by Sara Northrup, the board voted unanimously to continue the public hearing to September 11, 2008 at 5:30pm. 8:46 P.M. Board adjourned.