Professional Documents
Culture Documents
Time line
February 2014- Rental Permit issued
April22, 2014- Order to Correct issued for "unsafe porches, no handrails inside, broken windows, extremely
poor condition overall"
April29, 2014- Notice of Violation issued for smoke and carbon monoxide detectors, fire escape
maintenance, repairs to the second and third floor units, and exterior clean up of trash and furniture.
May 20, 2014- After an inspection of the entire building, the Town's Code Enforcement Officer issued a
Cease and Desist letter requiring that an unauthorized basement fourth unit be demolished or a Special Permit
sought to legalize the fourth unit. That order identified June 24, 2014 as a deadline to act.
May 21, 2014- Planning Department email identifying and outlining Special Permit process to formalize the
fourth unit (email attached).
May 29, 2014- Planning Department email to applicant identifying submission requirements, including floor
plans, survey, etc. (email attached).
June 18,2014- The Building Commissioner granted a 14 day extension on the order to allow the owner's
architect and surveyor to complete their work.
June 18, 2014- Planning Department emaltt<i'applicant regarding-extension and need for floor plans by
architect, existing and proposed survey including parking, management plan, etc. (email attached)
July 8, 2014- The application was received by Planning Department.
July 25, 2014- The applicant was notified via email requesting the following (email attached):
Updated floor plans showing the proposed egress, room dimensions and labels, fire escape and stamp
from an architect
An elevation prepared by an architect showing any exterior changes on the west fas;ade
Relocation of trash receptacles, how the parking area can be separated from the adjacent property, and
plan for delineation ofthe parking area
Clarification on the number of tenants as it relates to parking and whether tenants from the adjacent
property will park there.
More detailed information about the parking permit system
August I, 2014- Order to repair fire escape. 45 day deadline established for completion.
August 7, 2014 (approx) -A revised/updated survey is submitted.
August 26, 2014- Nuisance Violation issued for mattress on side porch; Revised/updated floor plans prepared
by the architect were submitted.
August 26, 2014- The applicant was notified via email that (email attached):
The floor plans for the basement did not show enough detail with regard to room dimensions and
labeling of existing versus proposed conditions.
An elevation prepared by an architect showing the exterior change for the new egress door is required.
The survey will need to show existing topography and proposed changes to grade, including
information about whether a retaining wall is required and the location of a walkway to the new egress
door.
August 28, 2014- Notice to Abate issued for "couch in front yard, trash cans blocking sidewalk, trash on the
ground"
33 Phillips Street
Timeline
September 8, 2014- The applicant was provided, via email, with a copy of the Fire Department Review letter
(email attached).
September 24, 2014- ZBA conducts site visit
September 25, 2014- Original date offrrst hearing. Continued/rescheduled to October 2, 2014 to observe
religious holiday
October 2, 2014- Initial ZBA hearing
October 31, 2014 - Plarrning Department email to applicant containing detailed list/review of site plan dated
October 29, 2014 with wetland flagging (email attached).
November 5, 2014- Conference call (Plarrning Department, applicant, attorney) to discuss need for
Conservation Commission
November 6, 2014- Plarrning Department email containing Conservation Commission timeline, notation Of
the need for an engineer, and responses to request for continuation (email attached)
November 6, 2014- Second ZBA hearing. Board does not take testimony votes'to continue to January
29, 2015 as per applicant's request for more time.
...
December 19, 2014 - Plarrning Department email to applicant and attorney containing Conservation
Commission application and timeline review (email attached).
-~
January 13, 2015- Planning Department email to applicant noting no contact since November 6, 2014.
Request for both to attend January 29, 2015 hearing (email attached).
January 29, 2015- Third ZBA hearing. Board votes to continue to June 11, 2015 to allow time for
applicant to prepare more detailed plans, submit application and obtain approval from Conservation
Commission by June 11, 2015. The Board clearly stated potential denial if everything is not prepared
February 25, 2015 - Plarrning Department email to applicant asking for progress, recommended meeting with
surveyor and attorney (email attached).
March 31, 2015- Plarrning Department email noting 30 days since last email. IdentifY importance oftimeline
for wetland consultant, surveyor and engineer. Recommended meeting with surveyor and attorney to review
(email attached)
April15, 2015- attorney emails Plarrning Department. Proposes potential solution and/or possible request to
withdraw without prejudice
April 17, 2015 - Plarrning Department email proposing meeting to discuss. Email notes importance of project
and potential loss of units (email attached).
April24, 2015- Conference call scheduled but cancelled due to Planning staff illness
May 1, 2015- Conference calf with applicant, attorney, Building Commissioner, Plarrning staff, and Wetland
Administrator. Reviewed need for civil engineer io prepare grading and drainage plan for the parking area for
both Conservation Commission and ZBA application. Discussed timeline for submitting information and
Conservation Commission schedule
May 4, 2015- Plarrning Department email to applicant and attorney containing detailed summary of
conference call (email attached).
May 8, 2015- Plarrning Department to applicant email hoting no response.
33 Phillips Street
Timeline
May 15, 2015- Applicant email to Planning Department referencing contact with a civil engineer
May 18, 2015 -ln person meeting with applicant, realtor, Building Commissioner, Planning staff, Building
Commissioner, and Wetland Administrator. Discussed importance for engineered plans and extremely short
timeline for completion. Applicant states commitment to move forward with preparation of plans, wetland
consultant, and civil engineer.
May 28, 2015 -Email from surveyor stating request for more time to complete Environmental Studies.
June 3, 2015 -Planning Department email to surveyor and applicant to clarify status, pr()gress, and potential
for denial (email attached)
June 1I, 2015- Email fr9m applicant stating s9me work being completed by surveyor (email attached)
CJ'ownof
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A_M_H_E_R_S_T
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___
TOWN HALL
4 Boltwood Avenue
Amherst, MA 01002-2351
May 20,2014
Stephan Gharabegian
Knight Properties, LLC.
405 Waltham St. #396
Lexington, MA 02421
Dear Mr. Gharabegian,
..
During my inspection of your property at 33 Phillips Street on May 15, 2014 you showed ine
through the entire house, including first, second, and third floor apartments, and a four bedroom
If you feel aggrieved by said decision or, any officer or Board of the Town, may within 30 days
appeal to the Board of Appeals.
A demolition permit must be obtained before work can begin, and all demolition must be
complete and inspected by Inspection Services by June 24,2014.
Sincerely,
5~
Jon Thompson
Town of Amherst
Building Inspector
Code Enforcement Officer
413-259-3117
Thompsonj@arnherstrna.gov
Bagg, Jeffrey
From:
Sent:
To:
Subject:
Bagg, Jeffrey
Wednesday, May 21, 2014 12:58 PM
sgharabe@gmail.com
33 Phillips Street- Amherst ZBA
of
In terms of application materials, it would need to consist of a set of floor plans for the entire dwelling prepared
by a licensed architect. Additionally, an existing conditions survey/site plan prepared by a licensed engineer,
surveyor, or landscape architect would be required. Finally, a Management Plan (which outlines the
management and use of the building) would be required. These documents would be the basis for an
application.
The process can take 2-3 months (or more in some cases) to complete and is considered a "discretionary"
approval process meaning that a permit can be issued with conditions, or in some cases denied.
There are some other items that would need to be addressed, but this is an overview. I recommend to all
applicants that a meeting with Town staff occur should you choose to move forward with an application.
Please let me know if you'd like to arrange a meeting.
Sincerely,
JeffBagg
Senior Planner
Amherst Planning Department
413-259-3187
baggj@amherstma.gov
Bagg, Jeffrey
Subject:
was really changing. I stated that if the proposal can be seen as an improvement (in terms of parking or management of
the property) those may be seen as positive aspects of the application.
We discussed the time line and the Special Permit application. We stated that if a complete application to the ZBA was
not submitted prior to June 25'", you'd be susceptible to daily fines under the current enforcement action. You stated
that you intended to proceed and that you had contacted surveyors but they had not called you back and that you had
an architect in Boston that you were trying to have come out. We expressed the importance of taking the timeline
seriously.
We discussed parking. I noted that there was a high likelihood that the parking surface would need to be upgraded. You
noted that you had thought about paving it anyway. I explained that for any parking with 5 or more spaces, there is a
process, so it's recommended that no activity occur without talking to the town. I mentioned the possibility of there
being a requirement for lighting, given the distance of some of the parking from the building. We talked about numbers
of parking spaces. You noted that units 1, 2, and 3 are all four bedrooms and that the basement might be two bedrooms
with a total of four tenants. I explained that the Zoning Bylaw requires a minimum of 2 per unit but that the ZBA would
likely discuss parking for each tenant. You noted that the property to the west doesn't have parking and you own it with
those tenants parking behind this building. You mentioned that the property to the east is owned by Eaglecrest and that
you believe they park back there. I noted that the requirements for parking are found in the Zoning Bylaw and should be
considered when working with the surveyor. Here is a link to Article 7 which deals with parking:
http://www.amherstma.gov/DocumentCenter/View/26082
You mentioned wanted to implement-a-parking permit system due to the number of people who park there that are not
tenants. I noted that. this would be information that would be included in the Management Plan.
We discussed the Management Plan requirements including trash storage and maintenance of the landscaping and
should contain a description of whatever your property management company is responsible for.
Please contact me if you feel any of this is inac.curate- or if you have any questions.
Sincerely,
Jeff Bagg
Senior Planner
Amherst Planning Department
413-259-3187
baggj@amherstma.gov
iI
Bagg, Jeffrey
Subject:
Floor Plans, prepared by a Massachusetts Licensed Architect showing the existing and proposed configuration of
all units
Existing and proposed conditions survey, prepared by a Massachusetts Licensed Surveyor, Engineer, or
Landscape Architect showing existing and proposed conditions, including parking
Management Plan, with all necessary information as listed in the ZBA Rules and Regulations including lease
agreement, complaint response plan, landscape maintenance, etc.
In t<;!rms of your question about the ZBA versus the Planning Board, the property is located in the General Residence
Zoning District where any rental unit greater a single family dwelling requires a Special Permit. Your property is preexisting and non-conforming with three units and to add a fourth unit'is regulated by a Special Permit from the Zoning
Board of Appea Is.
Jeff Bagg
Senior Planner
Amherst Planning Department
413-259-3187
baggj@amherstma.gov
From: Stephan [mailto:sgharabe@gmail.com]
I have a question, why is this matter going to the ZBA and not the planning board. The house is a multi-family
house and is in a multi family zoned area. Does a 4 family need a different zoning than a 3 family?
I am going to file the application tomorrow. Still having a hell of a tiine with survivors and architects. My
Boston one wants an extra $1000 because he has to drive to Amherst. My surveyor wont even consider going
out to Anilierst. Everyone in Western Mass is booked solid for 2 months. But I am still working on it. I am
hopeful that Bean D L out of Westfield can expedite the process.
Thank you,
Stephan
617-821-4476
sqharabe@qmail. com
...
Bagg, Jeffrey
From:
Sent:
To:
Cc:
Subject:
Bagg, Jeffrey
Friday, July 25, 2014 12:14 PM
sgharabe@gmail.com
Morra, Robert
33 Phillips ZBA
Dear Stephan,
Monday will mark three weeks since you submitted the Special Permit application, survey and floor plans. At that time
we discussed with you a variety additions needed, including but not limited to:
1- revised floor plans showing proposed egress.
2 -floor plans drawn to scale with room dimensions and room labels
3- plans must be stamped by the architect
4- for any side of the building with an exterior change, such as if a new door was installed on the west side, an elevation
is needed.
5 -the plan was to show the fire escapes.
'-
Survey:
1 -Confirmation of parking. The plan showed additional spaces proposed which you indicated you do not want to do.
2 -clarification of the patio/fence area around space 1
Bagg, Jeffrey
From:
Sent:
To:
Subject:
Attachments:
Bagg, Jeffrey
Tuesday, August 26, 2014 2:16 PM
Stephan
RE: 33 Phillips Street, Amherst, MA. 01002
33 PHILUPS STREET EXISTING PLANS complete.pdf
Dear Stephan,
Thank you for the updated floor plans. I quickly reviewed them with the Building Commissioner. We have determined
that plans for the "fourth" unit in the basement do not show enough detail by the architect. This unit is to be
considered under today's building code so there will be some additional information required from the architect. In
addition to that information, you have not provided an elevation of the west side where the new egress door is
proposed. You will need to provide the elevation from the architect. As previously noted, a single clear photograph
showing all the other sides of the building may be sufficient since there are no changes.
Finally, related to the new egress door, the survey does not show any change. From my understanding of the property,
some type of change to the site (such as a retaining wall) and walkway appear to be required in order to get from the
parking area to the new door. That information willultimately be needed in order for the Board to make a final
decision.
Sincerely,
Jeff Bagg
Senior Planner
baggj@amherstma.gov
Hello Jeff,
Here is the stamped final plans for 33. Phillips Street. I'll bring you hard copies tomorrow.
Thank you,
Stephan
617-821-4476
sqharabe@qmail. com
Bagg, Jeffrey
From:.
Sent:
To:
Subject:
Attachments:
Bagg, Jeffrey .
Monday, September 08, 2014 11:23 AM
Stephan
FW: 33 Phillips Street
33 Phillips.docx; ATTOOOOl.htm; RE: 33 Phillips Street, Amherst, MA. 01002
Dear Stephan,
Attached please find the review by the Amherst Fire Department of the ZBA application for 33 Phillips Street. As you will
see, they are requiring that the building be upgraded with a sprinkler system. It will be very important that you (with
your architect) determine what will be involved in making this upgrade both internally and externally on the property.
The ZBA process is such that they will receive this letter and will likely make this a requirement of the Special Permitand this upgrade would be required to be completed before occupancy of the fourth unit.
I should also note that I've previously identified the need for the architect to provide a proposed elevation for the west
side; photographs of each other side for existing condition elevat(ons; and the need for the surveyor to show the
proposed new door location and access including walkway and confirmation of whether a retaining wall is required next
to the door.
Sincerely,
Jeff Bagg
Senior Planner
baggj@amherstma.gov
413-259-3187
Bagg, Jeffrey
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bagg, Jeffrey
Friday, October 31, 2014 4:32 PM
Mehdi Rahmani; Stephan
Morra, Robert
RE: 33 Phillips Street
ART7.pdf; Ting - 164 Sunset -Site Plans.pdf; Plot Plan Checklist. pdf; 33 phillips, October
29.PDF; RENDERED SITE PLAN 2014-10-29.jpg; ELEVATION new basement entry
2014-10-29Jpg
The site plan needs to show the topography and proposed changes in the vicinity of the new egress door.
The site plan needs to show the topography at tlie rear of the property, especially in the proximity of space
#13. The space #12 and #13 are essentially in overgrown shrub areas and based on the measurements taken at
the site visit would require removal of a tree or trees larger than 8 inches in diameter. At the site visit there was
a question about the feasibility of parking space #12 as it was close to the embankment.
The site plan does not appear to accurately show the location of "tree and brush line" on the west property
line. That area was extensively cleared and is no longer accurate.
The site plan stiH does not distinguish between existing and proposed conditions. Based on the site visit and
discussion by the Board the existing parking area will not meet the design requirements of Section 7.101. The
expanded areas are not labeled as proposed.
The existing and proposed Jot coverage's are not calculated. The new survey contains the same lot coverage
numbers as the previous plan despite the addition of spaces.
The site plan does not identify any proposal to delineate the overall parking area and does not address how each
space will be delineated.
The site plan does not contain any information about lighting in the parking area.
The site plan does not accurately show the fence area at the rear of the building or wood landing.
The site plan does not provide any information about re-paving the blacktop portion of the driveway.
Other issues:
The architects plan of the building, while visually pleasing, is not a true elevation. It doesn't contain any scale,
dimensions, or measurable information about the location of the door. The plan shows a retaining wall, landing,
and changes to grade all of which will require more detailed information and measurements.
I didn't have time to go over the information in detail. Attached is Article 7 of the Zoning Bylaw which relates to
parking. I've highlighted many ofthe issues that need to be addressed. However, I'm not sure that the surveyor (unless
they can provide engineering information) will be able to provide enough of the required information. I've also attached
an example of a similar project going before the ZBA and the type of plan and detail submitted.
Also, attached is a standard "plot plan" checklist for reference. Finally, the ZBA application form (page 2 and 3) contains
the typical requirements of "site plans" and "elevations": http://www.amherstma.gov/DocumentCenter/View/25343
Let's schedule a time' to conference call on Monday if possible.
Thanks,
Jeff Bagg
Senior Planner
baggj@amherstma.gov
-----------------
Cc: Stephan
Subject: 33 Phillips Street
Hi Jeff,
Good to see you last night. Let me know if you will be able to provide a list of the discrepancies or missing pieces you
touched on last night concerning 33 Phillips. Thank you again for your attention on this matter.
All the best,
Mehdi
Mehdi Rahmani I Principal
Vazir Law and Sports Management
800 Boylston Street. 16'h Floor I Boston
T: +1 617 207 4088 /M: +1 617 320 1606
DL: +1857 453 6542 /F: +1857 453 6501
mr@vazirlaw.com I www.vazirlaw.com
~ CONFIDENTIALITY NOTIC ~ The information (including any attachments) contained in this electronic communication is
privileged and confidential and intended only for' the use of the named addressee and is or may be protected by the attorney-client
privilege, the work product doctrine, joint defense privileges, trade secret protections and/or other applicable protections from
Bagg, Jeffrey
From:
Sent:
To:
Cc:
Subject:
Bagg, Jeffrey
Thursday, November 06, 2014 11:59 AM
Mehdi Rahmani
Stephan; Morra, Robert
RE: Request for Additional Continuation - 33 Phillips Street
Mehdi,
Thanks for the email. Did you get a sense of how long it would take to get a plan from the engineer? It relates to how
long the continuation should be. Tonight the ZBA will have to pick a "date certain" to continue to. The continuation
date should include an opportunity for you to apply and have a hearing with the Conservation Commission- and must
include the fact that the schedule for these volunteer boards will diminish between mid-December and early January.
Depending on how long it will take the engineer, I would be recommending that the.ZBA continue to January
15'h. Here's why:
The Conservation Commission will have their next meeting on December 10'h. In order to be on that agenda, an
application for a Notice of lnterit(along with the submission of an engineer plan) must be submitted by
November 26'h at noon. I would recommend that you do whatever you can to have the engineer's plan done by
then and have the meeting with the Conservation Commission on December 10'h. This would allow time in the
event that the Conservation Commission requested more information or needed more time.
The Conservation Commission will then have their next meeting on January i4'h. The ideal scenario would be.
that you begin on December 10'h and are approved by the Conservation Commission on January 14'h. This
would allow the ZBA to fully utilize the Conservation Commission decision in rendering their decision. The worst
case scenario is if the engineer plans are not ready and January 14'h is the first hearing with the Conservation
Commission.
If you have received this communication in error, please delete it without further distribution and reply to the sender that you have
received the message in error. Thank you.
....
...
Bagg, Jeffrey
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bagg, Jeffrey
Friday, December 19, 2014 4:28 PM
'Stephan'; Mehdi Rahmani
Morra, Robert; Willson, Elizabeth
33 Phillips Street (ZBA FY2015-00007)
RE: 33 Phillips Street; RE: Request for Additional Continuation - 33 Phillips Street
During the initial hearing on October 2, 2014, the Zoning Board of Appeals requested a range of additional
information needed for them to review the application. They continued the hearing to November 6, 2014.
On October 29, 2014, while doing the site visit for 186 College Street, you provided me an updated survey
showing the wetland boundary information.
On October 30, 2014, you em ailed me a rendering of the site plan and a rendering of the west side of the
building.
.
On October 31, 2014, I sent you a comprehensive email summarizing numerous issues that were unresolved
(email is attached).
On November 6, 2014 you requested and the ZBA granted a continuation to January 29, 2015 to allow additional
time to have an engineer review the parking area, architect update the plans, and for an application to be made
to the Conservation Commission. That same day I sent an email outlining the timelines associated with making
an application to the Conservation Commission, which including the potential to appear before ttiem twice
before returning to the ZBA at the end of January (email is attached).
It's critical that you work with your team to submit an application to the Conservation Commission. Here is information
about how to make an application. You may wish to speak with the wetland consultant who did the work for
assistance:
Jeff Bagg
Bagg, Jeffrey
Subject:
Attachments:
Sincerely,
Jeff Bagg
Senior Planner
Amherst Planning Department
baggj@amherstma.gov
413-259-3187
'
Bagg, Jeffrey
From:
Sent:
To:
Cc:
Subject:
Bagg, Jeffrey
Wednesday, February 25, 2015 9:38AM
'Stephan'
Morra, Robert
33 Phillips Street & 186 College Street
Dear Stephan,
At the conclusion of the ZBA hearing on January 29, 2015, the ZBA chair sent a pretty stern message that a complete
application be provided at the continued hearing on June 11, 2015 or you'd be faced with a potential denial of the
request.
While June sounds distant, the track record.has been one of long delays in between preparation of plans and then the
prepared plans being only partially complete.
.
My recommendation woul.d be that we plan a meeting either late next week or the w!'!.ek after with you, your attorney
and Richard Cook. We need to all sit and be clear as to what is necessary to complete the process.
It would be helpful if you give me an update on what you've done since the last hearing.
Thanks,
Jeff Bagg
Senior Planner
Amherst Planning Department
baggj@amherstma.gov
413-259-3187
Bagg, Jeffrey
From:
Sent:
To:
Subject:
Bagg, Jeffrey
Tuesday, March 31, 2015 1:50 PM
Stephan
RE: 33 Phillips Street & 186 College Street
Dear Stephan,
It has been over 30 days since you replied to my email below. In order to have all the necessary information for the May
14th ZBA meeting {186 College St) and June 11th ZBA meeting (33 Phillips Street), you really need to be coordinating with
your wetland consultant and the Town's Wetland Administrator. It's my understanding applications received by April 8th
would be scheduled for a hearing with the Conservation Commission on April 22nd. Additionally, you really need to be
working with your surveyor, a civil engineer, and your architect, to ensure that all the plans and information are
complete. As we have discussed, involving a civil engineer is critical for the new parking area.
I recommend that we have a meeting with you, your surveyor, and architect to ensure that all this is coming together. In
terms of 33 Phillips St.c~et, the ZBA Chair was explicit in stating that if you have not P.ulled everything together to the
satisfaction of the Town by June 11th that the application would be denied.
.
Sincerely,
Jeff Bagg
Senior Planner
Amherst Planning Department
baggj@amherstma.gov
413-259-3187
From: Stephan [mailto:sgharabe@gmail.com]
Sent: Wednesday, February 25, 2015 10:51 AM
To: Bagg, Jeffrey
Subject: Re: 33 Phillips Street & 186 College Street
At the conclusion of the ZBA hearing on January 29, 2015, the ZBA chair sent a pretty stern message that a
complete application be provided at the continued hearing on June 11, 2015 or you'd be faced with a potential
denial of the request.
While June sounds distant, the track record has been one of long delays in between preparation of plans and
then the prepared plans being only partially complete.
My recommendation would be that we plan a meeting either late next week or the week after with you, your
attorney and Richard Cook. We need to all sit and be clear as to what is necessary to complete the process.
It would be helpful if you give me an update on what you've done since the last hearing.
Thanks,
JeffBagg
Senior Planner
Amherst Planning Department
baggj @amherstma.gov
413-259-3187
Bagg, Jeffrey
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bagg, Jeffrey
Friday, April17, 2015 1:22PM
Mehdi Rahmani; Stephan
Morra, Robert; Willson, Elizabeth
RE: Parking Lots - 33 Phillips & 186 College
RE: 33 Phillips Street & 186 College Street; Re: 33 Phillips Street (ZBA FY2015-00007);
RE: Request for Additional Continuation - 33 Phillips Street; RE: 33 Phillips Street; RE: 33
phillips Street, Amherst, MA. 01002
Jeff Bagg
Senior Planner
Amherst Planning Depa.rtment
baggj@amherstma.gov
413-259-3187'
I www.vazirlaw.com
~ CONFIDENTIALITY NOTICE _. The information (including any attachments) contained in this el.ectronic communication is
privileged and confidential and intended only for the use of the named addressee and is or may be protected by the attorney-client
privilege, the work product doctrine, joint defense privileges, trade secret protections and/or other applicable protections from
disclosure~ The sender of this communication specifically intends to preserve the confidentiality of the enclosed information and
does not waive any applicable privilege or protection from disclosure.
If you have received this communication in error, please delete it without further distribution and reply to the sender that you have
received the message in error. Thank you.
"''
Bagg, Jeffrey
Subject:
Attachments:
The hearing for 186 College Street is set to resume on May 14th, 2015.
The hearing for 33 Phillips Street is set to resume on June 111h, 2015.
You seemed surprised that the physical changes to the parking at each property would need to be upgraded. In
order to get the approval for the 4th unit at Phillips Street and 3rd unit at College Street you will need to
physically upgrade the condition of the parking areas (for 33 Phillips it has been previously identified that the
building will need to be sprinklered). This will involve preparing a plan by an engineer and then commitment to
actually have contractors and equipment make .changes to the site.
We discussed the risks of a denial or a request to withdraw the applications. I reminded you that you are in the
Special Permit process to remedy violations of the Zoning Bylaw (and Building Code) and that in either of those
cases (denial or withdrawal) you'd be required to o~tain a building permit and would be required to physically
remove the kitchen and it's major components. You need to compare the cost of the improvements to the loss
in income from the unit.
I'm re-attaching the em ails going back to October 31, 2014 when we started the discussion about parking,
wetlands, and process.
For Phillips Street:
o There would be work occurring within 100 feet of the wetlands and this still requires filing a "Request
for Determination" with the Conservation Commission.
o The survey is like a "map" of the parking -it's only the first step. An engineer needs to show how the
parking area would be actually be upgraded on the site. The Zoning Bylaw requires that a parking area
consist of 12 inches of compacted gravel with a top coat of material. The parking area edges have to be
delineated with something (6x6 wood timbers, wood guard rail fence, etc.). We have not gotten into
those discussions much yet because the plans have been delayed.
o The engineer would need to draw up the plans for the parking area and identify how drainage will be
handled. This plan would be the basis for both the Conservation Commission and ZBA.
o It was reiterated that the ZBA had strongly indicated' the potential for denial ifthe information was not
pulled together for the June 111h continuation (that ZBA meeting was on January 29 1h, 2015)
o So you are aware- our conference call only discussed parking. The ZBA had several other requests in
terms of information about management, maintenance, and responding to complaints.
As indicated in the email from March 31, 2015, an actual in person meeting with you and the .
surveyor/engineer may help- but now time is running very short.
Sincerely,
Jeff Bagg
Senior Planner
Amherst Planning Department
baggj@amherstma.gov
413-259-3187
. ..
.\
Bagg, Jeffrey
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bagg, Jeffrey
Wednesday, June 03, 2015 10:48 AM
ralc2@cs.com
sgharabe@gmail.com; Morra, Robert
RE: 186 College Street Site Plan
Agenda 6-i1-15.doc
Hi Richard,
The short answer to your question is that it is a decision of the Zoning Board of Appeals. There is a long back story that I
will spare you for the moment, but unless you and Stephan both attend the ZBA hearing next week to explain exactly
what is happening, I do not think the Board will grant a continuation and would likely deny both requests all together. 1
do not believe that simply stating that you waiting for Environmental Studies will be sufficient. Again, there is a long
back story that I am not providing, but the applications for College Street began in October 2014 and 33 Phillips Street
began in September 2014 and last time the ZBA informed Stephan that coming back on June 11'h without all the
necessary plans would res.ult in denial.
For example, the wetlands for 33Phillips Street have alreadybeen flagged and plotted onthe-survey. We've asked for
an engineered plan for the improved parking lot to review storm water runoff/retention, grading, and more details as to
the scope of construction to improve the parking. It's unclear if you'd lump that in with Environmental Studies?
Jeff Bagg
Senior Planner
Amherst Planning Department
baggj@amherstma.gov
413-259-3187
Bagg, Jeffrey
From:
Sent:
To:
Subject:
Stephan <sgharabe@gmail.com>
Thursday, June 11, 2015 9:44AM
Bagg, Jeffrey
. RE:ZBA
Hello again,
I guess Richard has been busy without telling me. Now I understand why you like to be tn the loop!
His preparing the RDA for both properties. He has everything and will have it for me today. Maybe that would
convince the ZBA to continue the application.
You have everything else. I sent you the updates architect plans two weeks ago for 186 college st.
On Jun 11,2015 9:14AM, "Stephan" <sgharabe@gmail.com> wrote:
I have called and emaiH!d Richard on a daily basis. I have ex;plained the importance of this and I still have
nothing. So I am assuming that I
have to either get continuance or file a iJ.ew application. Either case I
think I need to contact a different surveyor.
will
Stephan,
I'm attaching the agenda. 33 Phillips is at 6:45p.m. and 186 College Street is at 8:40p.m.
anyone with you? Also, what is the status?
Jeff Bagg
Senior Planner
Amherst Planning Department
baggj@amherstma.gov
413-259-3187
Good morning,
What time is my meeting tonight? Thank you.