North Adams Council Reviews Zoning Change for Non-Conforming Lots
 The City Council discusses a proposed zoning ordinance change to allow reuse of certain residential and commercial properties. |
NORTH ADAMS, Mass. — The City Council will meet with the Planning Board in two weeks to move forward a zoning ordinance that will allow homeowners to rebuild on nonconforming lots.
The issue had been brought forward by City Councilor Wayne Wilkinson, a professional appraiser, some months ago and was recommended by the General Government Committee in June.
The changes would allow a homeowner, within limits, to rebuild on a nonconforming lot — one that did meet the regulated dimensions and frontage for construction. Many properties built prior to zoning would not today meet contemporary regulations, thus the concern that homeowners would have difficulty with financing, insurance and other considerations.
"We're the only community that does not have this ordinance in place, excepting Hancock, which has no zoning," said Wilkinson at Tuesday's council meeting. "Since everybody else has this, I thought it would be good for us to have it."
But after preliminary meetings with Mayor Richard Alcombright and City Solicitor John DeRosa, "this whole thing morphed out a little bit," he said, explaining the background of the proposed ordinance to the council.
The suggestions were to add on commercial properties initially grandfathered into residential zoned areas, and to allow building on long vacant nonconforming lots.
Wilkinson pointed to properties like the former NAPA building on State Road that has been vacant for more than two years and has reverted to — but is not suitable for — residential use. The loss of commercial properties because of zoning reversion has been a concern of the Planning Board for several years.
"It's important to get these properties back on the tax roll," he said. As for vacant lots where buildings have been torn down, selling them as lots for single-family homes rather than as extra yard space to abuttors would quadruple their value.
But there was push back on the reuse of nonconforming, vacant lots. Neighbors didn't want the properties to be rebuilt because of their proximity, and the solicitor "didn't feel comfortable" that language could be written into the ordinance to protect the city from an abuttor's lawsuit.
Rather, the decision was to eliminate that section and focus on allowing homeowners to rebuild on nonconforming lots within two years should the home be severely damaged, such as by fire. The two-year limit would be lifted on commercial properties, as long as all other aspects such as taxes and inspections are in compliance. The Zoning Board of Adjustment would be authorized to grant a variance as long as it is not "detrimental to the neighborhood."
Councilor Eric Buddington queried the lack of time limit, wondering if properties that had been commercial 50 years before could be resurrected as such?
"It intentionally does not have a time limit but it is not by right," responded Wilkinson, noting the ZBA would have a public hearing that would allow neighbors to weigh in, followed by another hearing at the Planning Board. "There is plenty of time to vet this all out."
Wilkinson motioned and the council voted to hold a joint meeting with the Planning Board on Wednesday, Sept. 23. The mayor thanked the former Planning Board member for doing the work on the ordinance. "It's been long overdue," he said.
Alcombright declared September as North Adams Recovery Month and read a proclamation endorsing the "Voices for Recovery 2015" event on Saturday, Sept. 12, from 4 to 8 p.m. at Noel Field.
The event, an outgrowth of an annual vigil to celebrate those in recovery and remember those lost to substance abuse, will including a walk, vigil, activities, music and speakers.
Susan and Jeff Deeley of the group Josh Bressette Commit To Save A Life told the council how they have been raising awareness of heroin and opiod abuse and fund raising to help people in recovery.
"We have big dreams and this year we were able to send some kids to camp," said Jeff Deeley. "We hope to have recovery center someday and a sober home."
The Commit To Save A Life group was founded by Bressette's mother, Kenna Waterman, after the 25-year-old was murdered last year because of his involvement in drugs.
In other business, the council:
• Approved an application submitted by George Apkin & Sons, operating at PWJ Corp., for fuel storage at 80R State St. consisting of two 100 gallon tanks, 22 nine gallon tanks and three 22 gallon tanks after a public hearing.
• Confirmed to the License Commission the mayor's appointment of Peter Breen and the re-appointment of Jeffrey Polucci, both terms to expire June 1, 2021.
• Approved an application submitted by Gary Wandrei, 29 Temple St., Adams, to drive a taxi for Tunnel City Taxi.
• Moved to a second reading and to be published an ordinance change allowing a "right on red" at the intersection of Marshall, Houghton and River streets. The Traffic Commission had first looked at this change, which was sanctioned by the state Department of Transportation because the buildings — Goodyear Tire and River Street Package Store — obstructing motorists' views had been demolished.
• Councilors Lisa Blackmer and Jennifer Breen were absent.
Tags: commercial zoning, Planning Board, proclamation, substance abuse, vigil, zoning,
