33 Phillips Street this morning
Last night in the 4th hearing stretching out over 9 months the Zoning Board of Appeals denied the Special Permit for 33 Phillips Street; perhaps the most notorious rental property in all of Amherst; located on the most notorious street in Amherst,; owned by Stephan Gharabegian, perhaps the most notorious landlord in all of Amherst.
Building Commissioner Rob Morra had discovered an illegal 4th unit in the basement with improper fire safety protection and other violations. A cease and desist order was issued 5/20/14 requiring Gharabegian "remove the basement unit."
Stephan Gharabegian (leaning forward chin in hand)
Instead the owner appealed the decision by applying to the ZBA for a Special Permit to formally allow the 4th unit. The Building Commissioner put a stay on his order, although no tenants were allowed in the basement unit over the past 9 months.
Normally a Special Permit process like this takes two or three months.
The hearings were continued numerous times because Gharabegian failed to provide basic information required by the ZBA, including updated floor plans and approval from the Conservation Commission for the parking lot expansion and realignment near a wetland.
After about 45 minutes of discussion it became clear the Special Permit, which requires a unanimous vote, was not going to be approved. Gharabegian then stated his "best option was to withdraw the application." But that too requires a unanimous vote of the board.
Eric Beal Chairs his final ZBA meeting after 8 years of service
In his final meeting, after 8 years of service on the ZBA, Chair Eric Beal stated he would deny the permit both on its merits and because of a lack of due diligence submitting all the paperwork on the part of Mr. Gharabegian.
At 7:45 PM, one hour after the start of the hearing, the board voted unanimously to deny the permit. Gharabegian cannot reapply for two years and by then Building Commissioner Morra will have enforced his original order to "remove the basement unit."
186 College Street
Two hours later the ZBA took up another Gharabegian Special Permit request concerning his property at 186 College Street, where he wished to legalize a 3rd unit in a house only permitted for two units.
Senior Planner Jeff Bagg pointed out that, similar to the 33 Phillips Street situation, Mr. Gharabegian has "made some effort" but not nearly enough to consider the paperwork complete.
The ZBA quickly turned the tone of discussion to allowing a "withdrawal without prejudice." Mark Parent said he was fine with that but would allow only 7 days for a new and complete application to be submitted or the $100/day in fines start accumulating.
Member Tom Ehrgood thought 10 days was too draconian saying "If we allow the withdrawal we should allow a reasonable time period for the reapplication." Looking at Mr. Parent he then said, "How about 10 days?" Parent slowly nodded his head up and down saying, "Yes."
Although Mr. Parent originally assumed it was 10 calender days, and had to be convinced to change it to 10 business days.
Just before the board came to a unanimous vote allowing the withdrawal Mark Parent looked directly at Gharabegian and said, "I hope you get it done, and that there's no fines necessary."
Time will tell. And not all that much time, as the ten day period starts today.
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The ZBA is one of the most important public bodies in Amherst. With Mr. Beal's retirement the Select Board will be looking for a dedicated, patient volunteer (with thick skin) to replace him. Citizen Activity Forms can be accessed here.
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