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North Adams Council Refers Zoning Ordinance to Solicitor

Councilor Wayne Wilkinson has championed an ordinance that would allow homeowners to rebuild on nonconforming lots.

NORTH ADAMS, Mass. — The City Council on Tuesday night referred a proposed ordinance on home building to the city solicitor for language.

The ordinance would allow homeowners to rebuild homes on nonconforming lots by right.

Councilor Wayne Wilkinson, a commercial appraiser, said the city was the only municipality other than Hancock — which has no zoning — that forced homeowners to obtain a variance.

With the implementation of zoning in the 1970s, building lots were set at 7,200 square feet with 60-foot frontage. But most of the lots have 50 feet of frontage because they were measured by the old rods and chains methods.

"Probably 75 percent of the lots today are nonconforming," Wilkinson said. "As it stands now, you need city permission to rebuild your house."

The ordinance would address buildings damaged or demolished by accident or acts of nature, such as a fire. The homeowner would be required to begin building within one year and be completed within two years. This should eliminate issues with nonconforming lots that have sat vacant for years because of land taking and demolitions.

The nonconformity square footage would have to be maintained: Homeowners couldn't rebuild with a bigger footprint.

The Zoning Board of Appeals has not stopped any rebuilding on nonconforming lots, but it could happen, Wilkinson said.

That creates an uncertainty for banks, particularly national banks, and insurers - if the property cannot be rebuilt, the bank has no collateral.

"Some people have actually been turned down for no other reason than we have not done this," he told the City Council.

Barbara Allen told the council she often could not get in or out of her driveway because cars parked on Elmwood.

The council also referred two issues from the Traffic Commission to the state Department of Transportation.

The first was allowing right on red southbound at the intersection of Houghton Street and River Street. The demolition of a two-story building on the west corner and the planned razing of the North Adams Tire building on the east side will open sight lines for motorists waiting at the light on Houghton.

A parking issue on Elmwood Avenue was also referred to the Public Safety Committee. Barbara Allen of Church Street, whose driveway is located on Elmwood, has sent several letters to the city and Traffic Commission about essentially being blocked in by parking on the narrow street.

"There were days I couldn't get out of my driveway," she told the council on Tuesday night. Cars parked across the street from her driveway made it difficult to turn in or out and plow her driveway, she said.

There was some confusion over whether the no-parking proposed would be on the north or south side. Councilor Nancy Bullett, a member of the Traffic Commission, said she would confirm before sending it to MassDOT.

In other business,

Mayor Richard Alcombright read a proclamation announcing National Children's Mental Health Awareness Week beginning May 3. The week will end with a public rally on Thursday, May 7, from 4:30 to 5:30 at City Hall.

Michal J. Powers of North Adams was approved to drive a taxi for Tunnel City.

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