SPECIAL PERMIT APPROVAL DATE: February 15, 2018

SPECIAL PERMIT APPROVAL DATE: February 15, 2018

69 Cherry Street

TOWN OF WENHAM
ZONING BOARD OF APPEALS

RECORD AND DECISION

69 Cherry Street, Wenham Massachusetts
Petitioners Molly and Albert Martins

The Zoning Board of Appeals for the Town of Wenham, Massachusetts, conducted a public hearing at Wenham Town Hall on January 30, 2018 to consider the Petition of Molly and Albert Martins for a Special Permit pursuant to Wenham Zoning Bylaw Section 4.3.4.2 (Home Occupation by Special Permit) to allow as a home occupation the performance of certain administrative functions related to the operation of a construction company at their residence located at 69 Cherry Street (Map 18 Lot 002).

Present at all hearing were the following members of the Board:

Anthony M. Feeherry (Chairman)
Jeremy Coffey
Evan Campbell (Associate Member)

Dana Begin (Associate Member)

A notice of public hearing on this application was advertised as follows, a true copy of which is on file in the office of the Zoning Board of Appeals:

1.Published in The Hamilton Wenham Chronicle, a newspaper of general circulation in the Town of Wenham on Thursday January 11, 2018 and Thursday January 18, 2018

2.Posted at the Town Clerk’s office January 3, 2018.

3.Mailed January 3, 2018 to the petitioners, abutters, owners of the land directly opposite the property in question on any public or private street or way, abutters to abutter within 300feet of the subject property.

The public hearing was opened on January 30, 2018 and continued to February 15, 2018 when it was closed.

RELEVANT FACTS AND BYLAW PROVISIONS

With respect to the requested Special Permit, the relevant provisions in the Zoning Bylaws are Section 4.3.4.2 (Home Occupation by Special Permit) and Section13.4 (Special Permit). The petitioners are requesting that they be allowed to utilize their residence to conduct specific administrative functions in connection with their construction company Martins Construction. They are proposing that only administrative and financial support people will be present at the site and that there will be no commercial vehicles stored at the site in connection with the business. They indicated to the Board that their construction business including meetings with subcontractors, architects and developers is all done off site and any construction vehicles are stored at the project locations and move from project to project.

The petitioners were found to have been conducting some of their construction business activities from the Academy at Penguin Hall which is owned by the petitioners. The Town’s Zoning Enforcement Officer requested that they cease any commercial activity at that site and find a new location. The Martins have opted to request a Special Permit to utilize their home at 69 Cherry Street for this activity. They have indicated that the garage/carriage house will be the location for the office. With respect to the Special permit the Board has taken into consideration the following:

Community needs: While the particular service is not specific to the community, there is potential for employment from this business for residents of the area.
Traffic flow and safety: The site is located on one of the busier traffic streets in town and the proposed use will not generate any substantial additional traffic. There are adequate parking areas on the site for the proposed use.
Adequacy of utilities: The site is serviced by Town water and private septic. Both are adequate for the proposed use.
Neighborhood character and social structure: The Board discussed the character of the business and the clientele with the Petitioner and is satisfied that if operated as represented to the Board, there will be no detrimental social impacts on the neighborhood. The Petitioner has indicated that there will be no noise (such as truck back up alarms) or excessive vehicle visits to the site that could impact the surrounding residents.
Impacts on the natural environment: The Petitioner is not proposing any changes to the site or uses that would impact the natural environment.
Potential fiscal and economic impact: It is not anticipated to have any impacts on Town services.
Compliance with Section 4.3.4.1, Subsections 2), 3), 4), and 7) of the Wenham Zoning Bylaw.

2)Is clearly incidental and secondary to the use of the premises for residential purposes;

3)Does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;

4)Does not utilize exterior storage of material or equipment;

7)Is registered as a business with the Town Clerk.

That the business will be conducted within a dwelling solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than two additional employees on site at same time;
That the business does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate in compliance with the Zoning By-Law;

Abutters and other residents voiced concern at the public hearing regarding the storage of construction vehicles, noise and hours of operation. No other Departments had any comment regarding the project.

DECISION

Action on Application for Section 4.3.4.2 (Home Occupation by Special Permit):

APPROVED WITH CONDITIONS

VOTE: ( ) Anthony M. Feeherry (Chairman), ( ) Jeremy Coffey, ( ) Christopher Vance ( ) Evan Campbell (Associate Member), ( ) Dana Begin (Associate Member)

With respect to the requested Special Permit, on February 15, 2018the Board voted unanimously to approve the requestedSpecial Permit to allow the residence at 69 Cherry Street to be utilized for a home occupation for Martins Construction Company subject to the following special conditions:

SPECIAL CONDITIONS

There shall be no more than 2 non-resident employees on site at the same time.
There shall be no signage indicating the presence of the construction company other than a small sign on the garage/carriage house directing people to the office.
There shall be no outside storage of construction vehicles or construction equipment related to Martins Construction at the site.
No subcontractors or clients are allowed to visit the site on a regular basis. The petitioner has indicated to the Board that all meetings with subcontractors and clients are done at off site locations.
No construction activity related to Martins Construction shall be allowed on the site except for work on the residential structures on site.
Hours of operation for the employees shall be 8:30 AM to 7:00 PM Monday through Friday.
The petitioner shall ensure that there is no additional noise generated from any business related activities that would be detrimental to the neighborhood. Failure to comply with this material term of this decision shall provide this Board with the right to terminate this special permit.
Thisspecial permit shall expire after five years, or the transfer of the property, whichever first occurs; provided, however, that the special permit shall automatically renew prior to the expiration of said five year period provided that the home occupation remains in compliance with any terms and conditions set forth in the original special permit.

We attest that this decision accurately reflects the Boards determinations.

SPECIAL PERMIT APPROVAL DATE: February 15, 2018

69 Cherry Street

Anthony M. Feeherry (Chairman)

Jeremy Coffey

Christopher Vance

Evan Campbell (Associate Member)

Dana Begin (Associate Member)

DATE:

FILED IN THE OFFICE OF THE TOWN CLERK ON

______

BY______

I hereby certify that 20 days have

elapsed from the date this decision

was filed with this office and no

notice of appeal was received

during that period.

ATTEST

TOWN CLERK DATE