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04-13 Map 22B-066 123 Meadow St Staff Report Nathan Chung, Land Use Planner ▪ NChung@NorthamptonMA.gov ▪ (413) 587-1262 Staff Report PERMIT TYPE PUBLIC HEARING DATE OWNER EXISTING USE ZBA Special Permit 04/13/2023 Lance Kirley Home Business – “Classical Colonial Homes” offering design build services. 2 business owners who reside on the property, along with non-resident employees, some of whom are off-site and some who are on-site (commute in). PROPERTY ADDRESS/PARCEL ID/ZONE/LOT SIZE 123 Meadow St, Florence, MA/22B-066-001/SC (Special Conservancy)/2.25 AC APPLICATION URL Direct link: http://archive.northamptonma.gov/WebLink/Browse.aspx?id=764554&dbid=0&repo=CityOfNortham pton (*Parent folder link if you have trouble using the direct link. Locate the application folder by Parcel ID: https://northamptonma.gov/pending) Summary of Request The applicant and his wife Jacqueline Leighton have been operating a home business, Classic Colonial Homes, together since 2016 as business owners. The application states that the business utilizes several existing barn structures on the property. The “Stables” barn structure is the home office. A woodworking shop is located within the larger “Hay Barn” structure. The application and the supporting site plan shows one additional “Tobacco Barn,” whose purpose is not explained in the application, but the site plan labeled it as “Storage.” The application and the site plan show two residential structures. Home businesses are allowed in the SC district provided they meet certain requirements in 350-2.1 Home Business. One of the requirements is that the accessory structure used for the home business must not occupy more than 40% of the gross combined floor area of the main residential building and the accessory structure. The combined floor area of the three accessory structures seem to exceed this maximum requirement, possibly making the home business not eligible for this special permit. If the home business meets the 40% maximum requirement but has non-resident employees, Zoning 350-10.12 (“Home business special permits”) requires it to get a ZBA special permit. The application states that the home business has ten staff members total – 2 on-site owners, 2 on-site employees, and 6 off-site employees. If there were more than 25 visits per week by people related to the business such as clients and contractors, it would be another condition that triggers 350-10.12 requirements. The application states that the business is responsible for a maximum of 20 visits to the property per week, combining both commuting staff and deliveries. It also states that on occasion, it hosts clients for about 2 visits per month. Applicable Laws 1. 350-2.1 Definition of “Home Business” (https://ecode360.com/11957106) 2. 350-10.12 Home business special permit criteria (https://ecode360.com/11957852) 3. 350 Attachment 18 for Special Conservancy District 4. MGL C40A, S10 - State law on variance: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section10 5. General parking requirements in 350-8.8. Specifically J, K, L, M. (https://ecode360.com/11957586). 6. Parking requirements in Zoning Attachment 18 - Table of Use and Dimensional Regulations: SC District (https://ecode360.com/attachment/NO2226/NO2226- 350r%20Table%20of%20Use%20and%20Dimen%20Regs%20SC.pdf) Compliance with Zoning TYPE REQUIREMENTS EXISTING NON- CONFORMITIES PROPOSED CONDITIONS Home business structure as a % of the gross Per 350-2.1, the home business structure must not occupy more than 40% of the gross combined floor area of the main According to the application, the home office takes No change. combined floor area residential building and the accessory structure if such accessory structure is utilized for said home business. The special permit criteria in 350-10.12 does NOT have provisions allowing for this percentage to be exceeded. about 21% of the gross area, which would make it compliant, but it did not include the two other accessory structure used for the home business. The three accessory structures would take up more than 40% of the gross area. Detailed breakdown is in Other Issues. Home business special permit criteria Per 350-10.12, home businesses meeting certain conditions such as non-resident employees, outdoor storage of materials, requires a special permit with some of the conditions expressly stated. Details are in Other Issues and Staff Recommendations below. Currently no special permit. Has on-site non-resident employees; may have other triggering conditions such as outdoor storage of materials, high number of visits, etc. No change. Parking Per Attachment 18 for SC, 1 space per 1,000 SQFT of gross living area (rounded up) required. No more than 2 spaces required per unit. Per 350-8.8 J and K, on an R district property except for a farm, only one commercial vehicle weighing no more than 10,000 pounds gross weight shall be stored. Private driveway or street serving nonresidential use parking shall not cross property in a residential district. Per 350-8.8 L, no more than two unregistered vehicles may be parked without a ZBA special permit. Per 350-8.8 Unknown No change M, unregistered motor vehicles must be screened from view. Other Issues While the applicant has provided relevant details for 350-10.12 (Home business special permit criteria), the zoning board needs more clarification. Staff sent the following questions via email to the applicant on 3/28/2023: 1. The zoning board needs a clearer breakdown of number of visits per week by visitor types, e.g. employees, deliverers, clients, contractors, etc. 2. While the stated number of on-site staff is two employees plus the two resident owners, will there be occasions where more employees will be at the site? 3. If there will only be four staff members (two resident owners and two employees) normally, why is the new application for an upgraded septic system indicate a total of 12 employees? 4. How many parking lots are on the site? Are the parking spaces for the home business separate from the spaces for the residence? For the business, where do people such as the resident owners, employees, deliverers, clients, and contractors park? 5. Does the applicant have any commercial vehicles, unregistered vehicles, and equipment on the property? How many and what types? This is in relation to Zoning ordinances 350-8.8 J, K, L, and M which cover general standards on parking. (https://ecode360.com/11957576) 6. What kind of materials are being delivered to the business and being stored? To clarify your explanation in the application, are all business-related materials being stored inside structures or do you store some materials outside? 7. Additional questions sent on 4/10: Please clarify that the Tobacco Barn and Hay Barn are used for the home business as well, which seems to be based on the application. What is the square footage for the area of storage and for woodworking? (These areas combined with the office square footage must remain at or below 40% of the total residential and accessory floor area.) 8. Additional questions sent on 4/10: Clarify hours of operation. (Zoning sets 7 AM to 8 PM). The breakdown of the gross floor area based on the application and site plan is as follows: Based on submitted application, site plan, and Assessor's records Structure SQFT Home at 119 aka Back House 2420 Home at 121-123 aka Main House* 3832 Storage aka Tobacco Barn on West Side 1800 Woodworking shop aka Hay Barn in the Middle 6760 Office aka Stables Barn on East Side 2977 Sum 17789 *Application said home at 121-123 has a total living area of 3496 SQFT but Assessor's records lists it as 3832 SQFT. The applicant reported the areas of the three barn structure as being slightly bigger than the ones on the Assessor's records, so the calculation uses the applicant's reported areas for the three structures. Maximum allowed percentage of accessory structures used for home businesses (350-2.1 Home Business) as a part of the gross floor area of the main residential buildings and the accessory structures. 40.0% Percentage of the three accessory structures 64.9% Percentage of the woodworking shop and the office 54.7% Percentage of the office alone 16.7% Staff Decision Recommendation The applicant property’s actual floor area of all accessory structures used for the home business seem to exceed 40% of the gross floor area. This would make the business not eligible for the special permit. The recommendation is to deny. The home business does not seem to meet the state requirements for a variance. If the board determines it meets the requirements for a special permit, it should determine conditions such as short bursts of increased business activity not specified and list the specific conditions required by 350-10.12 in the permit. ☐ Approve ☐ Approve with Conditions ☒ Deny Staff Condition Recommendation If the home business is eligible for the special permit, the permit needs to specifically state some conditions required by 350-10.12. 1. Per 350-10.12B: Goods shall not be offered for sale. (The applicant states no goods are offered for sale.) 2. Per 350-10.12C: The hours of operation shall be expressly stated in the special permit issued by the Zoning Board of Appeals. 3. Per 350-10.12D: The hours and frequency of deliveries, number of clients seen, number of employees on the premises, products and/or materials on site shall be expressly stated in the special permit issued by the Zoning Board of Appeals. Condition the total allowed number of employees on site and number of client visits per week. Hours and frequency of deliveries should be specific. 4. Per 350-2.1E: One year after the special permit decision, the applicant shall perform one renewal that will be good for perpetuity as long as the home business continues to meet the conditions in the special permit. If a change causes the home business to not meet the conditions, please apply for another special permit.