Planning Board

FITCHBURG CITY CLERK Oct 24 2024 8:44 am FITCHBURG PLANNING BOARD MEETING MINUTES Tuesday, December 19, 2023 MEMBERS PRESENT: (7) Paula Caron, Chair, Paul Fontaine, Jr., Vice-Chair Tracy McGrath Peter Capodagli Amanda Koeck Alex Lopez (virtual) Alyne Butland (virtual) STAFF: Chantell Fleck (Principal Planner) Please refer to video/transcripts for detailed discussions pertaining to each individual matter. https://www.fatv.org/vod CALL TO ORDER Meeting called to order at 6:02 p.m. INTRO Ms. Caron read an introductory statement regarding meeting participation & hearing procedures. ANR PLANS None MINOR SITE PLANS None PUBLIC HEARINGS Special Permit & Site Plan Review - 23 Pleasant St. Apartments, LLC (c/o Aaron Steeves), Re- use of a vacant 3-family dwelling and parking plan located on 23 Pleasant Street, zoning district Downtown Business (DB). Present: Aaron Steeves, Mark Schryver (Architect) Existing structure that has been vacant for quite some time. Proposing to restore the exterior and maintain the existing historical trim. There is a building attached to the rear of the house (40-48 Prichard) that appears may have been used for industrial purposes historically and is currently apartments (different property owner). It’s basically a house sitting on top of an existing parking structure that’s a giant concrete block. Engineer said that the concrete was acceptable, but there is work that needs to be done under a different set of stairs that sits on a fieldstone foundation. Parking is existing at the front right of the house. Ms. Caron: You’re driving on the curb right now, so you will need a curb cut. Mr. Steeves: Yes and we will apply for a waiver since it is at about 54 feet, rather than the 35 feet maximum. Trash is being proposed to be kept either on a very small deck on the left or on some extra space by the parking spaces. There was a discussion on whether there is enough room on the deck for 6 barrels, and if it is located on the right side it will need screening. 10/22/24 FITCHBURG PLANNING BOARD minutes 12/19/2023 Page 2 of 7 Applicant is seeking waivers for the following: • 36 foot maximum for curb cut – the existing driveway curb cut is 54 feet • Setbacks – the existing parking structure does not have a 3 foot setback • 10 foot buffer in DB district – Existing lot was built to 0 lot line It is in the Downtown Business zone there is no setback and the applicant is able to reinstate the building without going to the ZBA. There will be two 3-bedroom units and a 2-bedroom unit. First floor unit will have bedrooms in the basement with the common areas on the first floor. Then the second unit has the common areas on the first floor and the bedrooms on the second floor. The third floor will have the 2-bedroom unit in its entirety. Viewing the building from the back the building appears to be 5 stories tall, the “basement” where the first unit’s bedrooms will be appears to be on the second level with a subbasement underneath. From the front of the building it looks like a 3-story structure. Ms. Caron: What will you be doing for heating and cooling units? Mr. Steeves: We are planning to do ducted heat pumps with units on the roof of a small roof area on the first level. It is requested that the units be screened as well as the area the garbage totes will be kept. Mr. Fontaine: One of the conditions from the 2017 permit was to replace the chain link fence with decorative cast aluminum fencing. I think that’s going to carry over, but with black coated chain link for durability. Mr. Fontaine: We need a stamped site plan showing the dimensions of the parking spaces, the curb cut, and fencing. Ms. Caron: DPW comments that came in last Friday asked for a site plan with distance to the abutters, boundary and property lines, and existing utilities (including water and sewer). Mr. Fontaine: We had as a permanent condition on the last permit to renovate the building with emphasis on the EPA’s lead renovation and painting rule with regulation to be submitted to the Board of Health. We don’t see this condition often, the Board of Health must have requested it. Sprinklers will be installed in the building and may need a new water line. Mr. Capodagli: The exterior of this building is outstanding with a lot of architectural detail. How much of that detail are you planning on keeping? Mr. Steeves: My plan is to sand the features down and keep them. Mr. Schryver: A lot of the eaves are truly rotted and need to be replaced. Our intent is to keep the brackets or use brackets that have the same qualities. Ms. Caron: What is your timeframe? 10/22/24 FITCHBURG PLANNING BOARD minutes 12/19/2023 Page 3 of 7 Mr. Steeves: As soon as possible. The interior is not structurally sound and has some supports, so I’d like to get the interior framing done. In case there is a big snow load. Public Comment: Tim Kihiko (7 Taft St) – Mr. Kihiko wanted to give his support in this building being renovated and would also like the features to be as similar to the original as possible. Motion made (Mr. Fontaine) & seconded (Ms. McGrath) to continue to January’s meeting. Possible conditions for the Site Plan are listed below. Vote 7-0 in favor. Conditions • Replace existing chain link fencing with black coated chain link • No dumpster on site • Satisfaction of DPW and Water departments • All work along the right of way needs to be completed by a bonded contractor in good standing with the city • Parking spaces to be striped • Retain architectural details or similar alternatives Special Permit & Site Plan Review– Martins Family Properties, LLC (Jorge Martins), Parking plan related to proposed re-use of a vacant 3-family dwelling, 112 Pleasant Street (Zoning District RC). Present: Jorge Martins There was a discussion about how if more than 50% of the building is renovated then it does not have to go to the ZBA to reinstate the use. But if less than 50% is renovated it must go to the Zoning Board of Appeals. The applicant feels that a lot of work has been done by previous owners and will not have to renovate 50%. Building is being proposed to have a 1-bedroom unit, 2-bedroom unit, and a 3-bedroom unit requiring 6 parking spaces. Applicant is proposing 4 parking spaces on the right side of the building and building a stairwell about 40 feet to 4 more parking spaces. There was an extensive conversation on whether it was practical to have the stairs down to the 4 parking spaces. Or what other options there may be for additional spaces. Public Comment: Mike Donnelly: I think you have to go back to the drawing board and get rid of the garage and put the parking directly behind the house. Mr. Fontaine: If parking in the back is feasible then it would be a much better product in the end. Your costs might be similar. I do have to question how many (tenants) will use the spaces (on Mt. Globe) in January, February, March. 10/22/24 FITCHBURG PLANNING BOARD minutes 12/19/2023 Page 4 of 7 Ms. Caron: It is a lot of stairs. If you do have to create a retaining wall, you may be able to create one more space if things are shifted around. Mr. Fontaine: A permanent condition will be to clear and maintain those stairs. Just shoveling is going to be crazy. DPW comments included asking the applicant to apply for curb cut permits as well as how storm water will be handled with the pavement being pitched towards the existing building. There were also erosion and storm water runoff questions regarding the proposed retaining wall. Motion made (Mr. Fontaine) & seconded (Ms. Koeck) to continue to January’s meeting. Vote 7-0 in favor. Repetitive Petition Request for ZBA Case #2022-06 – RPN Real Estate Investment Group, LLC requests that the Planning Board vote to consent to approval by the Zoning Board of Appeals (“ZBA”) of a repetitive petition, pursuant to G.L. c.40A, §16, to reestablish an existing dwelling use as a two-family, located at 133 Cedar Street, Zoning District (RB). The applicant has requested to withdraw application without prejudice. Motion made (Mr. Fontaine) & seconded (Mr. Capodagli) to grant the applicant to withdraw application without prejudice. Roll call vote: Butland: Yes. Capodagli: Yes. Koeck: Yes. Lopez: Yes. McGrath: Yes. Fontaine: Yes. Caron: Yes. Vote 7-0 in favor. Special Permit & Site Plan Review– Nacoro Inc. (Robert Lamoureux), Proposed miniature golf facility (Commercial Outdoor Recreation), 299 Lunenburg Street (Zoning District C). Present: Robert Lamoureaux, Justin LeClair (McCarty Engineering) Proposing an outdoor 18 hole mini golf court and recreation center. Proposing keeping the existing curb cuts. Main entrance on right hand side will be entrance and exit, also proposing an exit only on the left hand side with a right turn only sign. Existing pavement will be pulverized then repaved within the limits on the plans. There will be 73 striped parking spaces, 3 being ADA accessible spaces. The lot will also have spaces set up for EV charging. All 18 holes will be ADA accessible. During peak summer there will be about 22-24 employees total, estimating 7 working at the same time. Proposing a 1,000 sq. ft. building that will be the operations of the golf course and recreation facility. Golf course is to the right of the property, to the left there is a pavilion area where customers could gather with a shaded structure. There will be outdoor games such as 10/22/24 FITCHBURG PLANNING BOARD minutes 12/19/2023 Page 5 of 7 cornhole and possibly a food truck in that area. Future goals are to sell ice cream as well as beer to attract people of many interests. The building will have bathrooms for employee use only, but there will also be porta-potties on premises. Entire facility will be surrounded with a 4 foot black vinyl fence. Maintaining existing grades as much as possible. The only exception being the mini golf area and recreational area. They are within the floodplain but will be providing the required compensatory storage. Lighting will be provided around the parking area and the mini golf course. Water, sewer, and electric will be provided by existing connections. Plans are reducing the impervious area by approximately 25,000 sq. ft. which will provide a natural mitigation of pre and post storm water numbers. Applicant will be maintaining existing catch basins located near Lunenburg St. There was a rain event the prior day and the existing drainage worked well with no flooding. There was a discussion about DPW comments, the engineer will be following up with DPW, water, and sewer departments. Specifically, the lack of storm water management measurements on the east side of the parking lot. The engineer states that is the area they are reducing the impervious area which will improve storm water by reducing peak flows and providing additional recharge of groundwater. Curb cuts will stay as they are now since Lunenburg St is technically Mass DOT jurisdiction, so they would need to have any changes approved by them. There was a discussion on possibly only having the one entrance and exit, then have the other exit that was proposed as right turn only to be for emergency vehicles only. Dumpster is proposed to be in the front corner of the parking lot on a concrete slab with a black vinyl fencing screen. The location was chosen with the safety of the staff (most likely being younger teens) and ease of emptying the dumpster. The recreation area is going to have compacted gravel. The Board suggests landscaping the area around the sign to make the lot more visually appealing. The applicant mentioned using that space for a possible food truck festival and other events, or as snow storage. Paul suggested when the time comes to using this lot for events like a food truck festival to submit a modified site plan for review and it can be discussed how they can beautify that area. There were some concerns about having only porta-potties for customers. With food and ice cream being served people will want to wash their hands. There will be a handwashing station separate from the porta-potties. The cost to build restrooms was too high to be able to do at this time. Porta-potties will be inside a fence and locked at night, so it will not be a concern of people using them off hours. Public Comment: None Motion made (Mr. Fontaine) & seconded (Ms. Koeck) to close the hearing. 10/22/24 FITCHBURG PLANNING BOARD minutes 12/19/2023 Page 6 of 7 Vote 7-0 in favor. Motion made (Mr. Fontaine) & seconded () to approve the Special Permit and Site Plan for 299 Lunenburg St with the conditions listed below. Roll call vote: Butland: Yes. Capodagli: Yes. Koeck: Yes. Lopez: Yes. McGrath: Yes. Fontaine: Yes. Caron: Yes. Vote 7-0 in favor. Conditions: • Satisfaction of DPW comments • Reduce driveway to single point of egress for both in/out traffic. Second entrance to be gated and for emergency use only with Knox box • Vinyl dumpster enclosure to be maintained and repaired, add plantings around enclosure • Add plantings in hatched area next to the sign • Subject to fire prevention review • Subject to police approval of egress and emergency box • Board of Health approval of the hand washing/sanitary stations • Maintain ADA restroom facilities • Add EV ready parking spaces to the Site Plan • Return with landscaping plan for front lot prior to utilizing the space • Maintain sidewalk along frontage • Submit revised site plan showing revised egress, future food truck location, utility hookups, landscaping and EV spaces OTHER BUSINESS Rev Clinics (1 Oak Hill Rd) – Cannabis Odor Mitigation and Windows Update Present: James Schaeffer (Director of Facilities), Patrick Boseman (Maintenance Manager) Proposing the windows on the courtyard side to be flat black vinyl attached to a vinyl grid which will look like the rest of the windows. Then there will be a window frame, also vinyl, and match the existing first floor windows. The existing arch will also have a vinyl arch attached with break metal. Black windows with green grids. Since it is so hard to visualize the windows the Board is requesting one window to be completed so they can approve before installing all 92 windows. The mock up window should be installed by the end of January for review. For odor mitigation Rev Clinics will be adding seven carbon filters to each floor (4 floors) as a start, then add more as needed. In the spring plum chutes will be added to the roof that should shoot the smell 2,000 feet in the air. Mr. Fontaine: I spoke with someone at the CCC and they stated their permits require you to abide by state law which states there should be no odor outside the building. It’s been 18 months 10/22/24 FITCHBURG PLANNING BOARD minutes 12/19/2023 Page 7 of 7 since we’ve approved your odor mitigation plan and it only has gotten worse since then, no improvement whatsoever. Soon this Board will need to take action. The Board will add Rev Clinics to the February meeting to address the mock up window and June’s meeting to address the rooftop odor unit that should be installed in the spring. 140 Industrial Rd., LLC – Review of Cannabis Odor Mitigation plan submittal Present: Charlie Yon (Chief of Staff), Alicia Champagne Burgee (Senior Compliance Coordinator) Activated carbon scrubbers have been installed and are in use, as well as SOP adjustments. PCO’s have been purchased but have not arrived as of yet. The Board will follow up for an update on odor mitigation during the June meeting. Other Mike Donnelly discussed his concerns with the city parking requirements and how he believes that the minimum parking requirements may not account for how many cars tenants actually own. Mr. Donnelly asked the board to use the Board’s discretion wisely and gave some examples of his tenant’s parking demand. COMMUNICATIONS CDBG meeting on January 11th and regular meeting will be held on January 23rd. Motion made (Mr. Fontaine) & seconded (Ms. McGrath) to adjourn. Vote 7-0 in favor. Meeting adjourned: 9:11 pm Next meeting: 01/11/2024- Hybrid 10/22/24