ZBA Denies Permit for Nonowner-Occupied Duplex on Chestnut Street

Report on the Meeting of the Zoning Board of Appeals, August 22, 2024, Part 2

This meeting was held over Zoom and was recorded.

Lixiang Yao applied for a Special Permit from the Zoning Board of Appeals (ZBA) to convert the house she purchased in April at 161 Chestnut Street into a nonowner occupied duplex. The house is at the corner of Chestnut Street and Mattoon, near the middle school and high school and has an in-ground swimming pool in the rear. The previous owner occupied a one-bedroom accessory unit, while renting the two-story, three-bedroom main house. Both units are currently unoccupied, and the pool has not been opened this year. The property has had no rental registration permit since 2019.

Yao said she plans no changes to the site, but plans to rent to three students in the main house and one student or a couple in the small unit. She has not determined how she will manage the pool and the liability around it. She said she is considering offering nine-month leases to the students and not opening the pool until they leave. She may rent the property to “friends” in the summer or do short-term rentals through Air B&B. There are three parking spaces in the driveway and one in the garage.

ZBA member David Sloviter made a site visit. He noted that there are no tenants living there now. He worried that the large basement might be an invitation to add more than three students on the lease, even though it is not an approved living space. Planner Jacinta Williams, who was also present at the site visit, pointed out that there was a fence around the backyard, but not around the pool.

As far as management of the property, Yao stated that the tenants would be responsible for mowing the lawn and removing snow. When questioned further, she said that she would contract for these services, but their cost would be figured into the rent. Board members pointed out that the address on the application was an Andover address, but Yao said she recently purchased a home on Jeffrey Lane and would be able to supervise the property. This purchase is not listed in the town records.

The ZBA received four letters from neighbors who had concerns about the change in use of the property. In addition, Trevor Morris, Nancy Schroeder, and Nancy Schwartz spoke against the special permit. They noted problems with overnight parking at the middle school and loud parties from a student rental across the street from the site.

Members of the ZBA also expressed negative opinions about the conversion of the property to a student rental. Craig Meadows stated that the house is located at a very busy intersection, especially when school is in session, and is not a good place for a student rental. He worried that the students would get together with those renting the house across the street and further disrupt the neighborhood. Other board members wanted more assurance about how the property would be dealt with in the summers. Building Commissioner Rob Morra informed them that Amherst has no restrictions on short-term rentals.

Board member Everald Henry wanted the lease to specify the responsibilities of each tenant with respect to maintenance of the property. Chair Steve Judge asked that the parking situation be clearly spelled out. Philip White worried about the increase in traffic near the two schools.

Jeff Squire of Berkshire Design Group, representing Yao, pointed out that the number of cars at the site would not be more than with the previous owner. He also recommended video monitoring of the pool. He said he and Yao heard the concerns of the board and were willing to address them and come back to the board.

However, Meadows and Sloviter pushed to reject the application. Sloviter said that he could think of no changes that would make it acceptable. Henry thought the applicant should be given a chance to address the concerns. A motion to continue the hearing was defeated 2-3 (Henry and White voted yes), and the motion to reject the application passed 4-0-1 (with Henry abstaining).

Yao did not ask for her application to be withdrawn prior to the vote, so she can not reapply for two years, unless she changes the application.

University Motor Lodge Will Become a Social Dormitory
The ZBA granted a special permit to Curt Shumway to convert the University Motor Lodge into a social dormitory for college students. The site will have 16 units composed of 280 sq. ft studio apartments and 560 sq. ft one-bedrooms, and one two-bedroom unit. There are 21 parking spaces, two of which are accessible.

In response to questions raised at the August 8 hearing, Shumway presented an updated lease to ensure that there would be no disturbance of neighbors and outlining a guest policy. Morra stated that the sanitary code prohibits more than two tenants in a studio. Also spelled out were the lighting plan, the landscaping, and the trash location and screening.

The special permit was approved by a 5-0 vote (Sloviter, Meadows, Henry, Judge, and Associate member John Varner).