186 College Street

Timeline
Februacy 2014- Rental Penn it issued
May 19, 2014- Nuisance Violation issued for trash stacked at the curb
July 28, 2014- Inspection Services notification for holes in walls and ceiling and fire escape
violation

August, 2014- Inspection Services notifies owner of requirement to remove third unit or to submit
an application for Special Pennit by September 1, 2014
August 26, 2014- Applicant emails Planning DePartment informing that application for Special
Permit will be filed by end of the week.
September 1, 2014- Inspection Services grants a 12 day extension in order to allow the owner to
finalize architectural plans ruld survey.
September 11, 2014- Planning Department-email to applicant regarding Special Pennit submission
requirements (email attached)
September 12,2014 ~The application for Special Permit was received by the Planning Department.
October 28, 2014- Planning Department email to applicant identifying several deficiencies and/or
discrepancies in the plans submitted (email attached).
October 30. 2014 Initial ZBA hearing. Board identifies and reiterates concerns about the lack of
information, limited parking area, proximity to wetlands, need for additional architectural drawings.
Board votes to continue hearing to December 11, 2014.
November 7, 2014- Planning Department email to applicant noting need to discuss having an
engineer look at the parking and wetland consultant flag the wetlands (email attached).
December 3, 2014- Emails back and forth about status and update since November 7, 2014
December 5, 2014- Applicant's attorney emails to indicate that wetland consultant had been to site
and determined that there are no wetlands on the property and that they are preparing a report now.
December 8, 2014- Wetland Administrator email to applicants attorney stating willingness to talk
to wetland consultll.Dt or conduct a site visit in order to make a final determination as to whether or
not a Conservation Commission filing is necessary (email attached).
December 10, 2014- Conference call with aPplicant's attorney, applicant, Building Commissioner,
Wetland Administrator and Planning staff. A continuation to spring due to wetland delineation was
discussed. Agreement to allow emergency upgrade to unit# 2 for a second means ofegress
discussed.

186 College Street

Time line
December 11. 2014 Second ZBA hearing. Continued to May 14, 2015 to allow applicant to
finalize site plan, delineate wetlands, and to apply to Conservation Commission. ZBA also
presented with agreement for emergency life safety upgrade (date for completion would be between
December 12 and January 20)
January 13, 2015- Planning Department email to applicant regarding Conservation Conunission
application process and timelines.
February 25, 2015- Planning Department email to applicant regarding Conservation Commission
timeline and recommendation to meet with the attorney and surveyor (email attached).
March 31, 201?- Planning 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 Planning Department. Proposes potential solution and/or possible
request to withdraw without prejudice
April I?, 2015 -Planning 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 I, 2015- Conference call with applicant, attorney, Building Commissioner, Planning staff, and
Wetland Administrator. Reviewed need for civil engineer to prepare grading and drainage plan for
the parking area for both Conservation Conunission and ZBA application. Discussed timeline for
submitting information and Conservation Conunission schedule
May 4, 2015 -Planning Department email to applicant and attorney containing detailed summary of
conference call (email attached).
May 8, 2015- Planning Department to applicant email noting no response (eJl?.ail attached).
May 13, 2015- applicant email to Planning Department containing wetland analysis conducted
November20, 2014 (email attached)
May 14, 2015 -Wetland AdministratOr email regarding wetland analysis (eq1ail attached).
May 18, 2015 -In person meeting with applicant, realtor, Building Commissioner, Planning staff,
Building Conunissioner, and Wetland Administrator. Discussed importance for engineered plans
and extremely short time line 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.

186 College Street

Timeline
June 3, 2015- Planning Departmentemait to surveyor and applicant to clarifY status, progress, and
potential for denial (email attached)
June 11, 2015 -Email from applicant stating some work being completed by surveyor (email
attached)
June 11. 2015- Third ZBA hearing

Ba

, Jeffrey

From:
Sent:
To:

Bagg, Jeffrey
Thursday, September 11, 2014 11:19 AM
Stephan
Morra, Robert; Avery, Terry
RE: FW: 33 Phillips Street (186 College Street)

Cc
Subject:

Stephan,
Yes, you can submit tomorrow (Friday, September 12, 2014). As I understand it, tomorrow is the deadline before which
you will be subject to fines. However, it's verv important that you know that Town Hall is closing at noon
tomo.rrow. Therefore, to avoid potential fines, the complete application has to be submitted before noon.
As was the case for 33 Phlllips, the following is expected:

One hard copy of:

The application form signed by owner
o Nature of request is to "extend and alter a pre-existing non-~onforming two family dwelling and
formalize and existing third unit".
Two checks made payable to the Town of Amherst:
0 $275
0 $25
.Full size print of survey
Full size prints of floor plans
Management Plan (including lease)
Photographs of the exterior of the building (these may substitute architect drawings). There should be one
photograph of each exterior wall
Additionally, we require one digital copy of all the application materials.
Please let me know if you

~ave

any questions.

Jeff Bagg
Senior Pl~nner
baggj@amherstma.gov

From: Stephan [mallto:sgharabe@gmail.com]

Sent: Thursday, September 11,2014 10:52 AM
To: Bagg, Jeffrey
Subject: Re: FW: 33 Phillips Street

Good morning,
I have all the doc's for the 186 college st application. Can I drop it off tomorrow afternoon.

On Sep 8, 2014 11:23 AM, "Bagg, Jeffrey" <bnggj@amherstma.gov> wrote:

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
Permit- and 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 elevations; and the need for the surveyor to
show the proposed new door location and access including walkway and confirmation_ofwhether a retaining
wall is required next to the door.

Sincerely,

JeffBagg
Senior Planner
baggj@amherstma.gov
413-259-3187

Begin forwarded message:

From: "McKay, Donald" <McKayD@amherstma.gov>
Date: September 5, 2014 at 5:20:16 PM EDT
To: "Bagg, Jeffrey" <baggj@amherstma.gov>, "Britt, Lindsey" <brittl@amherstma.gov>
Cc: "Nelson, Tim'' <nelsonw@amherstma.gov>, "Roy, Michael" <roym@amherstma.gov>
Subject: 33 Phillips Street
Jeff,

Attached you should find the Fire Department comments on the application for a special permit
for 33 Phillips Street.

Don

Assistant Chief Donald R. McKay, EMT-P, MPH

Amherst Fire Department
Amherst, MA 01002
(413) 259-3130

From:
Sent:

To:

"''

Subject:
Attachments:

Bagg, Jeffrey
Friday, October 24, 2014 4:26 PM
Stephan
mr@vazirlaw.com
186 College Street- Preliminary Review
186_COLLEGE Survey_Site Plan.pdf; 186 College Floor Plans.pdf; 186 College
Management Plan and lease.pdf

Dear Stephan,
I've reviewed the survey/site plan prepared by Lewis & Cook, dated September 9, 2014, the undated "existing" floor
plans prepared by Paul Mcintire, ~d your Management Plan. There are several decencies and/or disc;epancies that wilt
need to be addressed.
Parking/Site Plan
l. The parking arrangement for six vehicles as shown does not meet the basic minimum requirements for
ma~~!-!.':':rabilio/. }'he Byl~V.: requir:~:

7.104- Each parking space shall be at least 9 feet x 18feet in size, and all parking areas must have adequate
access and maneuvering areas.
The three northem most space yield only six feet between the space and the deck, This space is not sufficient for
maneuvering a vehicle in and out of the spaces:
2. The parking arrangement provides parking for six vehicles. As such, the following Bylaw section Prohibits
vehicles from having to back onto the street:

7.105 - The design and layout ofdriveways and circulation serving parking areas of 5 or more spaces shall
prevent vehicles from backing into a street in order to exit the site.
Due to the lack of maneuverability, there does not appear to be any option to prevent vehicles from backing onto
College Street.
3. The parking area does not provide any screening from College Street or the property to the east. The Bylaw
requires the following:

7.112 Screening: parking areas with 5 or more spaces shall provide effective screening ofthe parking area from
adjacent streets or properties. Such screening may be accompliShed by: depressions in grade 3feet or more; a
hedge or wall; or any type ofappropriate natural or artificial permaneni division. Any required screening barrier
shall not be less than 3 feet high. Screening shall not be located to obstruct driver visions so as to impair safety at
intersections or driveway entrances or exits.
4. The minimum number of parking spaces required for three units is six. However, the ZBA will discuss whether
six spaces is sufficient for the number oftenarits. Without any other method to restrict the number of cars, the
ZBA will discuss with you the need to provide additional spaces. As listed below, you are requested to provide
infonnation about the number of bedrooms and tenants- which has a direct correlation to parking. As a side
note, the section of the your lease related to parking states "no parking". The ZBA will expect some clarification
on that.

5. The condition of the driveway/parking area is in poor condition. There is ample evidence ofponding and
puddling of water and no indication that the surface will comply with the minimum requirements of the Zoning
Bylaw, as follows:

7.101 Paving: For the purposes ofthis bylaw, a paved parking surface shall he considered to be one which has a
Prepared subgrade and compacted gravel base with a minimum total12 inch depth, appropriate grading and
drainage, and which is surfaced with a minimum 2 inch top coat ofconcrete, asphalt, masonry pavers, oil and
stone, gravel, trap rock, or similar material, as approved or modified by the Town Engineer. To the extent
feasible, permeable or porous paving shall be employed in new consln1ction or site renovations or improvements.
Depending on a final number of spaces and configuration, the driveway and parking area will need to be upgraded
to the standards of Section 7.10 l.
6. I believe these issues are not insUnnountable, It appears feasible to consider other options for reconfiguring the
driveway and parking area. For example, it appears feasible to relocate the existing spaces from the side to the
rear of the building resulting in 6-8 spaces being located behind the building. This would enhance the visual
appearance of the property by taking vehicles out of the front and_side yard and relocating them to the rear. The
driveway could be repaired and a new parking area constructed to meet the requirements of Section 7.1 01.
Floor Plans- We are assuming that "Apartment 3" is the unit that was never pennitted and thus the unit being legalized.
1. As shown, Apartment 3 shows one means of egress into the kitchen, The existing second means of egress enters
into a bedroom (Bed 4). This egress does not comply .with the Building Code. It wm not be sufficient to _simply.
re-label the room. A physical change to the room will be required to ensure that it does not become used as a
bedroom so long as that is the locatiOn of the required second means of egress.
2. Ifitpproved by the ZBA, Apartment 3 will need to be fire separated from Apartment 1, including the walls of the
bathroom in Apartment 3.

3. As shown, Apartment 1 has only erie required egress. The architects plans are labeled "existing'' and there are no
notations about anew required egress door. It is noted that there is 3 foot opening shown on the east
wall. However, if that is intended to be a proposed second egress, it should be labeled and an elevation of that
side of the building will be required in order to show the exterior change and prove that a door can be installed in
that location provided the location of the exterior second floor egress stairs.

Management Plan -The following "additional infonnation required for apartments" should be provided:
Number of units, existing and proposed
Number of bedrooms, existing and proposed
Number of tenants
Owner Occupied?
On-Site manager? If no, eXplain management process
Complaint Response Plan
Trash storage under the exterior egress stairs does not appear to be viable. First, there may a fire hazard in storing
receptacles under the egress stairs. Additionally, if, as noted above, a second means of egress is proposed in that location
per the floor plans, the receptacles will need to be relocated. In terms of location, the ZBA will discuss with you
relocating them or screening them from view from the street, pursuant to the following provision of the Bylil.w:

10.396 The proposal provides screening for storage areas, loading docks, dumpsters, rooftop equipment, utility
buildings and similar featw-es.
Additionally, based on the Nuisance Violation dated 5/19114, the ZBA should discuss with you whetlter the existing
number of receptacles is sufficient for the number of units.

Conservation Commission -As it relates to any changes to the parking area, the Wetland Administrator has identified
that inunediately adjacent to the east side of your property is a drainage swale that is regulated by the Conservation
Commission. It will likely require you to have a wetland consultaJtl delineate its boundaries and file a Request for
Detennination with the Conservation Commission.
Let's plan to meet at the property on Wednesday, October'291h at 4:30p.m.
Sincerely,
JeffBagg
Senior Planner
baggj@amherstma.gov

From:
Sent:.
To:
Cc
Subjed:

Bagg, Jeffrey
Friday, November 07, 201411:05 AM
Mehdi Rahmani
Stephan
RE: Continuance

Hi Mehdi and Stephan,

Yes, the hearing was continued without discussion. However, due to the Board's schedule the date had to be pushed
out to January 291h. I know it seems distant, but In order to keep on thats~hedule, I recommend that you contact the
Wetland Administrator to discuss the steps with the Conservation Commission:
Beth Willson
Wetlands Administrator
4 Holtwood Ave.
Amherst, MA 01002
(4 lS)-259-8202- Direct
. (4IS};-.259-S045..-. ~ns_eJ~atl9fL ..
(41S) 259-2402- Fax
willsonenmlJerstma goy

In order to get on the agenda for the Conservation Commission's December lOth agenda, the application and plans
would need to be submitted the week of November 17th, In working with the engineer, please let me know if you have
any questions.
Finally, as a reminder, the ZBA hearing for 186 College Street was continued to December 11th, so we should soon
discuss that- especially in ter"""!s of having the engineer look at the parking and having a wetland consultant flag the
wetlands.
Sincerely,
Jeff Bagg
Senior Planner
baggj@amherstma.gov

From: Mehdl Rahmani [mallto:mr@vazlrlaw.com]

To: Bagg, Jeffrey

Cc: Stephan
Subject: Continuance

Sent: Friday, November 07, 2014 10:59 A.M

Good morning Jeff,

Just checking in to see If the continuation was granted? Hope you're having a good morning.
Best,
Mehdl

Ba
FW: 186 College Street Amherst

Subject:

From: Willson, Elizabeth

Sent: Thursday, May 14, 2015 2:37PM

To: Bagg, Jeffrey

Subject: Re: 186 College Street Amherst

Hi Jeff,
I'm still not convinced. First of all that area does hydrologically co.nnect to the wetland to the north and drains
southerly towards rte 9. I think there is a culvert under rte 9.1'd like to check it out this weekend when it rains
(supposed to rain on Saturday). Plus I want to check the vegetation north of the proPerty line. Does it matter
anymore or did the ZBA make a decision already?
Thanks,
Beth
Beth Willson
Wetlands Administrator
Town of Amherst
413-259-3202
And Sent from my iPad
On May 13,2015, at 5:33PM, "Bagg, Je~frey" <baQaj@amherstma.gov> wrote:

Sent from my iPhone, please excuse typos.

Begin forwarded message:
From: Stephan <sgharabe@gmail.com>
Date: May 13,2015 5:07:24 PM EDT
To: Jeffrey Bagg <baggj@amherstma.gov>, Mehdi Rahmani
<mr@vazirlaw.com>
Subject: Fwd: 186 College Street Amherst
Good afternoon Jeff,
This is the letter which I was referring to when I was speaking with you last
week. I wasn't able to find it until now because it was an email and not an actual
letter.
It details the wetland consultants observations regarding 186 college st. He also

mentions that is needed he can provide any other data if needed

-~------- Forwarded message --------~~

From: "Stephan" <sgharabe@gmail.com>
Date: May 13,2015 5:00PM
Subject: Fwd: 186 College Street Amherst
To: "Scott Ardizzone" <scott@jonesrealtors.com>
Cc:

---------- Forwarded message ~~~~-~-~~~

From: <ralc2@cs.com>
Date: Dec 10,2014 3:57PM
Subject: Fwd: 186 College Street Amherst
To: <sgharabe@gmail.com>
Cc:
Richard L. Cook, Principal
Lewis & Cook Surveyors
69 Nip muck Street
MA 01069

-Original Message--From: Jeff Smith <leff.sm!th726@gmai! com>

To: ralc2 <ralc2@cs.com>
Sent: Thu, Nov 20, 2014 5:51 pm
Subject: 186 College Street Amherst

Rich,

I' did a site visit to the College Street siteyesterday, Wednesday 19,
November. The drainage swa!e located between the two resid~?nces is not a
wetland. There is no direct hydrologic connection to a resource and the vegetation
is dominated by FACU or species without o wetland indicator status, There is no
stream channel across the street feeding into the culvert under Rt 9 and the
swale had no scouring or defined channel. Any water that does flow is from Rt 9
runoff and adjacent driveway on the property. Ground cover vegetation was
dominated by Cammon mallow (Malva neglecta) which is not listed as a
wetland indicator plant, Shrub vegetation was dominated by Common privit
(Ligustr'um vulgare) FACU, meaning it is found primarilly in uplands. Trees
growing along the property line were white pine (F ACU) and an apple tree (nat
indicated).
Some of the trees in the wooded area behind the site have butressed
trunks indicating possibly a seasonal hi9h water table or poorly drained soils but
that is beyond the property to the rightof the corner pin .that was flagged
with pink flagging adjacent to the fallen black cherry tree.
Let me know if this email be sufficient for your client or if you need data forms
and a letter report. I' II need to make another site visit to do a soil profile if you

need data forms. I did not have my soil auger since I didnt have time to do
soil profiles on Wednesday.

Kind Regards
Jeff Smith

Ba

, Jeffrey

From:

Sent:
To:
Subject:
Attachments:

Stephan <sgharabe@gmail.com>
Tuesday, May 26, 2015 6:55 AM
Bagg, Jeffrey
186 college
186 COLLEGE STREET EXfSllNG .PLAN- FLRl.pdf; 186 COLLEGE STREET EXISTING PLANFLR2.pdf

Good morning Jeff,

I have attached the architects updated plans:
Richard Cook told me that he was contacting you to take care of the RDA. Did he contact you by any chance?

Thank you,
Stephan
617-821-4476
sqharabe@qmail. c~m

Ba

To:
Subject

Stephan <sgharabe@gmail.com>
Thursday, June 11, 2015 3:31 PM
Bagg, Jeffrey
186 college street

Attachments:

186COLLEGE3proparkingl.pdf

From:
Sent:

Please see attached.

~--------- Forwarded message ---------From: <ralc2@cs.com>
Date: Jun 11, 2015 3:27PM
Subject: 1861ook at comment
To: <sgharabe@gmail.com>
Cc:

call if questions

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