Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive Fitchburg, Massachusetts MINUTES March 25, 2014 ________________________________________________________________________________ ATTENDANCE: Lauren McNamara-Chair, James Concannon-Clerk Michael McLaughlin, Joseph Byrne & Joseph Marrama 1. Call to Order LM Pledge of Allegiance: All 2. Communications: Attendance: LM, JC, JB, 3. Hearings MM & JM 7:00PM ZBA-2013-05 Mark A.Cordio 672 Water Street Review of a Special Permit granted May 14, 2013 under §181.313C11&13 to occupy a portion of the property for Automobile Sales and washing located in the Central Business District at 109/35/A Chair – Acknowledged that a parking plan was submitted by Mr. Cordio illustrating the allowed 26 spaces for vehicles for sale plus parking for employees and customers. Plan was found to be acceptable at this time. Mr. Cordio was asked at this time about outside storage and the location of the dumpster. Mr. Cordio – Referenced that he had a storage container on the property and that it had a roof leak, and that his plan was to repair and paint it. He also stated that the dumpster was located in the rear of the building and out of sight. Chair – Questioned Mr. Cordio about drop-off boxes, the number of vehicles for sale was 26, no unprofessional banners or signage, that the line had been painted 3 ft. from city property as requested and that the hours of operation Monday-Saturday 8:00AM-7:00PM Closed Sunday were sufficient. Mr. Cordio – Stated that there were no drop-off boxes, the number of vehicles did not exceed the allowed 26 vehicles, he had no unprofessional banners or signage and that the hours of operation were sufficient. Those in Favor: None Those Seeking Information: None Those Opposed: None Michael McLaughlin – Addressed Mr. Cordio concerning the storage container located on the property and stated that #2 of the conditions for the Special Permit was that there would be no outside storage of auto parts, materials and equipment on the property and that he would rather not have it on the location and feels that parts and equipment should be stored inside the building. Mr. Cordio – At this time Mr. Cordio stated that he could not store all the necessary parts and material inside the building due to lack of space and that he felt that the storage container was his only alternative. Mr. Cordio does not consider this as outside storage. Michael McLaughlin – City regulation state that the vehicles must be kept 3 ft. back from the city property line and acknowledged that Mr. Cordio had painted the line as required. He then asked if the vehicles were in fact behind that line. Mr. Cordio –Stated that all the vehicles were behind the line. James Concannon - Asked if Mr. Cordio had any problems with snow removal on the property. Mr. Cordio - No problems, I push it all to the back of the property. Joseph Marrama – Noticed storage container, does not see container as an eyesore as long as it is kept clean and painted and has no problem with it being on the property. Hearing Closed: Deliberations: Chair – All conditions are being met. Michael McLaughlin – Would like a 1 year review and possibly a more professional shed located to the rear rather than an old truck body next to the building. Chair – Would like a six month review and at that time revisit the issue with the storage container. I feel that we may be tying Mr. Cordio’s hands while he is trying to get his business off the ground. Michael McLaughlin – Not trying to tie anybody’s hands, just here in the best interest of the city and should raise the bar a little bit as Water Street is a Gateway to the City. James Concannon – I understand where Mike is coming from, whether Mr. Cordio were to paint or skin the container, whichever would be more in keeping with the building. Joe Byrne – Suggested the contained be moved to rear of the building. Mr. Cordio – There is not enough room to move the container to the rear. Hearing Reopened: Chair – Thoughts of screening around the container? James Concannon - Whether you screen it or skin it something more in keeping with the building Michael McLaughlin – Maybe revisit in six months take a more detailed look at the property and see if something is more suited. Joseph Marrama – We are trying to keep city clean and presentable. Joseph Byrne – So the compromise will work? Mr. Cordio – Yes Hearing Closed: James Concannon - Motion to approve the review for ZBA-2013-05 with Review Sept. 10, 2014 with the following condition to be added as #12. #12 - Storage container shall be screened by fencing and painted to match the building located on the property. Joseph Byrne– Motion Seconded VOTE: 5-0 APPROVED 7:15PM ZBA-2014-05 Jorge Jimenez 98 Colony Road Variance under 181.414 to construct a deck which will leave less than the required 35 ft. distance to the rear property line in the Residential A-2 District at 229/57/0. Mr. Jimenez – I Hired a contractor to design addition to deck and do the work. I ordered the materials and had them delivered at this time the contractor backed out. I had approx. $3500.00 worth of materials on the ground, at this point myself and a friend who knew what he was doing did the job. Not knowing much in regards to the permit and set-backs I only had 27 ft. and not the required 35 ft. I have pictures here. (Exhibits A thru G) Chair - Requested Mr. Jimenez point out on the diagram (Exhibit A) where the original deck ended. Mr. Jimenez – Stated that the contractor did not pull a permit; he believes the contractor realized he had under priced the job when he found that he would have to hire a surveyor. The anticipated cost for the surveyor would be approximately $500 - $600. The contractor would no longer answer my calls. So I paid the expense out of my pocket. The old deck had already been removed; the new materials had been delivered; so I pretty much had to do the job. I have pictures of the deck (Exhibits B thru G). Chair – How did it come to light that the deck was non -compliant and non -permitted? Did the Building Inspector drive by? Mr. Jimenez – Yes. At this time the deck was completed. At this time Mr. Jimenez presented a letter from his neighbor in his support of the variance and was read aloud by the Chair. (Exhibit H). Those in Favor: None Those Seeking Information: None Those Opposed: None Joseph Marrama – Had questions concerning lumber that was still left in the yard. Mr. Jimenez assured him the lumber would be removed and that he was waiting for a dumpster. He also noted that the Building Inspector instructed him to wait on the fine until the Zoning Hearing. Joe Byrne - Has the $300 fine been paid? Mr. Jimenez – Building Inspector informed him that it was acceptable to wait until after tonight’s hearing to further address the fine. Michael McLaughlin – Found there to be a discrepancy on the dates concerning the Building Commissioner’s denial letter and the date Mr. Jimenez had applied. It was decided that there had been a typographical error. Asked if the property plan was certified and whether the deck had been built prior to the date on the plans. Mr. Jimenez – Replied that the plan was indeed certified and that the deck had been built prior to receiving the plan. Chair – Noticed a piece of wood hanging down on the side near the window and Mr. Jimenez explained it was to support an air conditioner. Mr. Jimenez then also explained there at one time the previous owner had an above ground pool with a deck around it that he has since taken down due to safety concerns. Hearing Closed: Deliberations: Jim Concannon – Fine with the deck as it is currently, should approve the variance, and if possible a leave from the fine if it is still forthcoming. Structure with no roof should not come into zoning. Michael McLaughlin – Due diligence as the homeowner to assure that things are done properly. Also I recognize the hardship caused by original contractor. Mr. Jimenez is only looking for a minimal setback on the corner of the deck not the whole deck, with no conflicting comments from any of the abutters I feel that he meets the criteria. Michael McLaughlin - Motion to GRANT the Variance as requested for ZBA-2014-05 James Concannon– Motion Seconded VOTE: 5-0 GRANTED 7:30PM ZBA-2014-06 Travis Beauvais 564 John Fitch Highway Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District at 35/19/0. Presentation by Attorney George Watts - Representing the applicant (Travis Beauvais) for Special Permit to operate an auto repair facility on John Fitch Highway. This facility was previously used for an auto repair shop also glass facility. Mr. Beauvais and his father also operated an auto repair business in this location. If this Special Permit is approved the two glass windows will be removed and the bay doors put back in. Mr. Beauvais will occupy the left side of the facility. In this particular zone the requested use is allowed by Special Permit. My client approached the Building Department and was told he needed to obtain a certified plot plan, which we obtained from James E. Gaffney & Co., in February showing the parking spaces.(Exhibit A) I then submitted a letter with a copy of this plan to the Building Commissioner as the bylaws basically states that parking will be determined by the Building Commissioner. I spoke with the Commissioner and he said that the plan was fine and expected the Zoning Board to request copies of the plan which I have with me tonight to distribute (Exhibit A). Dumpster will probably be placed on the southerly side of the building to the rear. There are existing signs on the building and property and would more than likely just change the brands on the existing signs. Parking should not be a problem as the Tattoo Parlor does not open until 4 PM which is just about the end of my business day. Those in Favor: None Those Seeking Information: None Those Opposed: None Joseph Marrama – I am concerned about the parking on the right side of building as backing out into the traffic would be a little rough. Previous businesses at the location did not seem to have a problem as far as I can see. Michael McLaughlin – I would like to see the standard conditions that are usually applied to automotive locations. To left of the property line is where everybody comes in to Dunkin Donuts and if you look at the lot line I see 2 proposed parking spots. Is this where the dumpster will be located? Mr. Beauvais – There is actually almost 3 spots from thereto the dumpster to right of the door. We were there before for approximately 18 months and never had an issue with moving the care in and out or with the traffic because the business we do there is not a lot of in and out. When a vehicle comes in for repair we bring it into the garage and it does not come out until the repairs are completed. At night I always brought all of the vehicles inside and never left anything out so as to insure there would not be any problems keeping the area clear for the other businesses. Michael McLaughlin – I believe I would be in favor of the auto repair business but not for vehicle sales. Mr. Beauvais – Would it be acceptable to have a Grand Opening banner? Michael McLaughlin – I’m OK with that, nothing long term. Temporary would be approximately 3 months. Jim Concannon – You indicated that you previously worked at this location for approximately18 months. What was the business name? TB – Mikes’s Auto. JC – How long have you been out of the building? TB – I want to say it has been 4 years since the owner took over the building. The building has been empty since. JC – Are there any lifts in this building? TB – There are not, there were lifts before, they were ours and when we moved out we took them with us. We had four lifts in there. JC – Do you plan on re-installing them? TB – Yes that is the plan. When you previously occupied this building, did you have any trouble backing out onto John Fitch Highway? TB – No, we would pull the vehicle in and turn it around, so you could drive straight out. Did you ever have any issues with the Dunkin Donut drive-thru? TB – No, never any problems. Jim Concannon – Is there any input from the Police Department on this? No response sheets returned from any department it was distributed to. Chair – Will the dumpster be fenced. TB- That was not my plan, but I can talk to the Landlord. Jim Concannon – What is you plan for snow removal? TB – We plan to plow over between Papa John’s and the river and had no problem. Now the Landlord is responsible for snow removal. Hearing Closed: Deliberations: 1. Special Permit will expire/terminate upon the transfer/sale of business from Travis Beauvais 2. No outside storage of auto parts, tires, materials, equipment or inoperable vehicles 3. No drop-off boxes 4. No vehicles for sale on property 5. No unregistered vehicles on property 6. No plastic and or vinyl banners - Except for 3 month Grand Opening –Professional signage only. 7. Hours of Operation: Monday-Saturday 8:00AM-6:00PM Closed Sunday 8. 12 month Review – March, 2015 9. Business not to be operated as a nuisance 10. Dumpster to be addressed at time of Review Hearing Reopened: Chair – I would like to ask what you intentions are for your hours of operation, TB - Monday- Saturday 8:00AM-6:00PM Closed Sunday Chair – Are those convenient hours for you? Do you think that’s enough? TB – These hours should be fine for now. Hearing Closed: Deliberations: Chair – Is everyone comfortable with the stated conditions? ALL – Yes Michael McLaughlin - Motion to GRANT Special Permit as requested with conditions as listed for ZBA-2014-06 Joseph Marrama– Motion Seconded VOTE: 5-0 GRANTED 7:45PM ZBA-2014-07 Karen Stroparro 150 Benson Street Special permit under §181.313.D.6 and variance under §181.313.E.2 to conduct a scrap yard business for salvage and recycling of scrap metal in the Industrial District at 183/15/0 Ms. Stroparro – Actually it is the same ongoing businesses run by my husband under Special Permits, he passed away a year ago. We are continuing everything minus a few businesses, the Leominster trash pick-up is no longer in operation, we did not get the permit renewed although it was a five year contract. We did a lot of recycling from the trash that was brought in from the residents of Leominster. That no longer is happening but everything else has stayed the same. There is another business next door, Rydmore which we (Karen Stroparro & Timothy Pomerleau) own fifty-fifty. We are here tonight because the Special Permits and Licenses expired upon Walter’s death. Joseph Marrama – There were four permits / variances dating back to 2007. Mr. Stone – Alton Engineering, Sterling, MA – Introduced Mr. Timothy Pomerleau to my right President of Rydmore and Karen Stroparro owner of Fitchburg Foundry who is the owner of the property to my left. We were in a couple of months ago to try to sort out the four Special Permits that expired when Mr. Walter Fiore died last year. The ZBA said we needed to start at the beginning; I then filed four Forms of Intent with Mr. Lanciani. Two for Fitchburg Foundry and two for Rydmore. The Fitchburg Foundry was to operate the scrap metal business in general and then the vehicle salvage yard which are two Special Permits that had been issued to Mr. Fiore in past years. I submitted the other two for Rydmore. One to operate a used vehicle sales on the property is it is not permitted under the Industrial Zoning and the second was for a towing business. As expected, we got back four denials I then discussed the situation with Mr. Lanciani and he stated that I should submit just two ZBA applications just to simplify the situation one on behalf of Fitchburg Foundry and one on behalf of Rydmore. I am here on the Fitchburg Foundry one now this was to operate the general scrap business which has been ongoing since 2007 under Special Permit and then the vehicle salvage yard which is termed basically a junk yard for motor vehicles which Mr. Fiore obtained a Special Permit for in 2009 I believe. So I submitted for those two businesses or two activities to continue to occur on the Fitchburg Foundry property. We felt that the junk yard and the vehicle salvage yard really run with the property and that those Special Permits would exist with the property. Whereas the other two for towing and sales would run with Rydmore because there is no intent to do that type of work from Fitchburg Foundry. MM-So foundry is going to be? AS-Scrap yard and then its vehicle salvage yard I think is the way Mr. Lanciani termed it, the two are distinct, one is for all scrap metal but not used junk vehicles and the other is for the vehicle junk yard which is to pull the old vehicles apart, salvage them, recycle all the metal and tires and such. MM- One sentence, Rydmore going to be what? AS – Rydmore is for two things, used vehicle sales, which will then eventually follow to the City Council for a Class2 License to operate a used vehicle sales facility and they only sell heavy duty trucks no heavy equipment, there are no cars being sold here, The other is a towing business which received a Special Permit either in 2010 or 2011. MM- Question to chair. This is going to take a long time, and we are going to be into this for awhile, we have one case due at 8:15 and it is now 8:17, would it be possible to consider taking that case out of line so that we can hear this case and then spend the rest of our time on this? Because I know they will be here for hours. Chair – Could you continue and talk specifically about the property at 150 Benson Street regarding the scrap yard salvage. AS – Gave a recap of all the permits and variances along with the dates issued to Mr. Fiore for the 150 Benson Street property. Used vehicles sales and the towing are strictly Rydmore. Chair – We have a letter from Skip Burke in support of your request for the Special Permit and Variance (Exhibit B). Now we will go back to the Foundry which is for the scrap metal. MM – For the record, do you have a full size site plan? AS – Yes we do, it’s been submitted (Exhibit A). Mr. Stone then explained to the Board in detail what Ms. Stroparro planned for the property and the locations of the buildings in relation to Rydmore. MM – Could you give me more information about your scrap metal business and what it involves? KS – When the scrap metal comes in we weigh it and sort it and then buy it. MM – So are you doing the same thing now that was done before? KS – Nothing has changed except that we are doing less as I mentioned before. We have streamlined everything. MM- No transfer station for rubbish? KS – No, not at this time. MM – Now we have the scrap metal part taken care of, what about the vehicle salvage. AS – The idea was to have the vehicle salvage run with the property, Fitchburg Foundry. KS – Expressed some confusion in her thinking that the Special Permit would transfer to whoever owned the property. MM – Explained that a Variance goes with the land but not a Special Permit. KS/Board – Discussion concerning licenses and Board explained they had nothing to do with licenses and Ms. Stroparro should check into this issue. MM – A special Permit would have a sunset clause in it. Meaning that if you sell the business the Special Permit would expire at that time. A Variance is to the land and is there pretty much forever. AS – Let’s go back to the scrap yard and get that done because it was always Fitchburg Foundry. General scrap metal not the vehicle one. Chair – Do you want to deal with both of these this evening? AS – I want to deal with all four of them. Chair – I don’t know that we can give you the answers on the Rydmore. ALL – Discussion concerning letter from Commissioner Lanciani to Ms. Stroparro and the reference to codes §181.313.D.6 and §181.313.E.2. Chair – How much of a rush are you in? AS – It’s been going on for a long time now. Chair – I think we need the Building Inspector to clarify some of this. TP – It’s affecting my business and my licenses. It is also causing financial hardship. Chair – We all want to do it right so why don’t we have the Building Inspector meet with us and continue these cases to April 8th at 8:15 and 8:30 PM? MM – I believe KS needs the variance as she owns the property. TP does not need a variance as he does not own the property. KS – Why don’t I just get it all? I’m Fitchburg Foundry and Rydmore also? MM – You should ask the Commissioner. Chair – I think you should talk to him and we should have him here at the next meeting. AS – I would like that we don’t want to go round and round anymore. MM – I agree. AS – I will talk with the Commissioner Chair – I will also talk with him. If you don’t mind I need you to sign an agreement to extend the time further discussions until April 8th at 8:15 PM and then I’ll sign. I need a motion to continue this meeting for a continuance until April 8th at 8:15 PM. Michael McLaughlin - Motion to GRANT Continuance for ZBA-2014-07 to April 8th at 8:15 PM. Joseph Byrne– Motion Seconded VOTE: 5-0 GRANTED Continuance 8:00PM ZBA-2014-08 Timothy Pomerleau 150 Benson Street Special permit §181.313.D.6 and variance under §181.313.E.2 to conduct a vehicle recycling and salvage business in the Industrial District at 183/15/0 Chair - ZBA-2014-08 Mr. Pomerleau, you would like to ask for a continuance? Mr. Pomerleau – Yes If you don’t mind I need you to sign an agreement to extend the time further discussions until April 8th at 8:30 PM and then I’ll sign. I need a motion to continue this meeting for a continuance until April 8th at 8:30 PM. Michael McLaughlin - Motion to GRANT Continuance for ZBA-2014-07 to April 8th at 8:30 PM. Joseph Marrama– Motion Seconded VOTE: 5-0 GRANTED Continuance 8:15PM ZBA-2014-09 Joseph Bragna-Raul Lopez 0 Dwight Street Special Permit §181.313. C.11&12 to operate an automobile repair service and towing. In the Central Business District at 111/33/0 Joseph Bragna – My plan is to sell the building to Mr. Lopez. Mr. Lopez – I will operate an automobile repair and towing service. I live in Fitchburg and currently have a shop in Lunenburg on Mass Ave. I have been there 14 years. I presently rent, most of my customers are from Fitchburg and I would like to buy this property to be closer to my home and my customers. I do repairs and towing no body work. Debra Conklin – 21 Derby Court – In Opposition - I have lived here for 55 years and feel that to open doors for businesses that do not meet the zoning criteria and have to appeal to the Zoning Board for a Special Permit is not something I do not care to have in the area. A few weeks ago a neighbor was making noise and running an illegal auto repair and the Police shut them down. Chair - At this location? Those in Favor: None Those Seeking Information: None Those Opposed: Debra Conklin DC- Not at this location. Chair – At this point I am going to ask you to please speak to just this property. Because of the fact that there are no others in opposition, please just give us your point of view. DC – When tow trucks back up there is constant beeping and I presently have my daughter and grandson living with me. I prefer not to have it in my back yard and hear that beep, beep, beep all of the time as I believe it will be disruptive. Derby Court is a dead-end street and I think you will find more people looking for the building having to turn around therefore causing more traffic. JB – How far are you from the train tracks? DC – That’s something I’ve lived with for 55 years. JB – It does get noisy approximately seven times a day. DC – Not quite that often, I grown used to it over 55 years. When the leaves are on the trees it helps muffle the sound, not so much when the leaves are gone. JB – Were you the one that came over when I had Gary come over and cut some trees down on my property? DC – Yes I did. I think that if I could speak that if this were to come into the neighborhood they would not be welcomed. MM – Could you please identify where your house is on the plan? DC- Cannot figure out on plot plan where my property is. JB – Described the property layout of all the buildings on the Certified Plan (Exhibit A) Additional plans submitted (Exhibits B & C). Hearing Closed: Deliberations: Joe Marrama – How can you access the street? JB – Through Dwight Street and Gills Court which is the other side of the property there is no access from Derby Court. Michael McLaughlin – You have been in business for over ten years, do you have a permit to operate in Lunenburg? RL – Yes. MM – Some of the typical cases that we see in automotive shops are no outside storage of auto parts, tires, materials, oil drums, inoperable vehicles, no vehicles for sale on property, no unregistered vehicles on property. I have to look at this as the property will be kept nice, hours of operation maybe until 5:00 or 6:00 PM, no power tools at night things of that nature. We have a lot of problems in the City that open automotive repair shops and just do what they want and it has gotten out of hand. I could look at this favorably but with conditions and an expectation that you will do a nice job. I just want to prepare you for some of the conditions that we will expect. There will be a review period and at the end of the review period we will look at the property at the end of that time frame whether it be 6 months or a year to make sure we are working together any you are holding to the agreement because the Special Permit can be revoked. Jim Concannon – How many employees? RL – Two, myself and one other. JC – Do you own the tow truck? RL – Yes, the tows I do are for customers and the dealers. I pick-up cars from auctions and tow them to the dealers. JC – Are you planning to tow these cars to this location after hours, late in the evening? RL – No, I work with the auction hours, the auction hours are 7:00 AM to 5:00 PM. JC – So the towing will be done by 6:00 PM? RL – Yes, by 6:00 PM. JC – What would be the earliest on the morning that you would be towing the vehicles to the containers? RL– Usually 8:00 – 9:00 AM. JC- What about this employee? Is is an actual employee or is he someone contracting under you? RL- He is an employee, I pay him a salary. Chair – You said that sometimes you pick-up vehicles and store them, where are you planning to store the vehicles? Inside the property? Inside the building? Just in the lot? RL – My idea is a fenced area. Chair – Fence in the property? What type of fence? JM- There is just under an acre of land here, the wooded area here, I mean fence in whatever it’s a pretty big property. RL- I’m gonna fence right I don’t want somebody to steal from the vehicles. Chair – We don’t want it to look like a big commercial property either. RL-No, I don’t want to fence the whole area just where the wooded area is. Chair – Mr. Brogna I know what you have done over there and what your business was, what was the property utilized for in the past 40-50 years? JB – My father bought the property from Mr. Lizzotte and we have been using it for dead storage. Before that Lizzotte Engineering owned the property and they had all this heavy piping and big trucks. It’s zoned Commercial-Light Industrial. Chair – But beyond that you don’t know if it was ever an automotive business? JB – No, I don’t know, it’s just a big slab in there. Chair – Is there a lift in there? JB- No, we used to fix our cars in there and use the big trusses for chain falls. Chair – So it was a plumbing place? JB- Correct, they had a lot of big pipes and plumbing supplies you can see the racks in there where they used to store the pipes. Chair – What do you think your hours of operation would be? RL- Mon thru Fri 8:00 AM to 6:00 PM and Saturday 8:00 AM to 2:00 PM. JM- What would happen if you were to get a call for a tow at 2:00 AM for example a car accident? RL - I pretty much leave my tow truck at home because when they call me I have to get into my truck. JM – One truck? You have one truck? RL – One truck, one at home. JM- Now if you have a truck would the truck be inside that night? So after you close would the tow truck be in the building at night so as not to have a bunch of vehicles outside? I know obviously you going to have some vehicles outside. How many vehicles do you normally work on at a time? RL – Six cars. JM – Would they be going in and out? Or would you be working on them a few days at a time? RL – Yes, a few days at a time. MM- Do you have bay doors there? JB- I have two one is ten ft. high and the other one is dock height. MM- So haw many bays do you have that you can drive in vehicles? JB – Well one at this point. But if you took down the dock height stuff you could have two. MM- So it’s not permanent no concrete. Yes you can see where they filled it in to make it dock height. On the Gillis Court side you can see that one is a full door and the other one is a half door. Chair – Do you have any idea how many cars you would keep there at one time? You said six. RL – Sometimes I have ten cars inside the garage and sometimes it is slow and there are only a few. Chair – Would you keep them inside the garage? RL – I try, I always try to keep them inside. Chair – How many do you think you could store inside the garage? RL– Probably more than ten. Chair – So are you saying that you won’t store any outside? RL – No, I believe I can put everything inside. Chair – So would there be unregistered vehicles or would they be customer cars being repaired? RL – Customer care would be registered but I also work for dealers and they would bring it with a dealer plate and take the plate back to the dealership with them. MM – We just don’t want cars to sit there unregistered for long periods of time and be used for parts. We have to strike a balance because we have noise, esthetics and keeping it looking good. We have to rely on you to work with us. RL – Some car parts are expensive are sometimes I keep a car for parts. MM- Now we are back to where are you going to keep such a vehicle? Inside? MM – We don’t want that kind of outside storage. Debra Conklin – I have a real big concern about cutting trees. If they end up clear cutting it will feel like you are sitting right in the backyard of their automotive business.Whereas if there are at least some woods there, they will still act as a buffer. Chair – Well if it’s their property, certainly they can. DC – That would even be a bigger concern because then you would have the feeling your right there. JM – I think where the tree line and the property line is in between the two, that there would be a reason to take the trees down other than possible damage to either the vehicles or the property. It really needs to be cleaned up, it hasn’t been used for years for anything other than storage. Chair – So Joe you are looking to sell this to Mr. Lopez? JB – Yes. MM – What kind of lighting are you going to have in the parking lot for security? JB – Once we have some kind of lighting there it will cut the vandalism down, I have painted the building three times. I believe with something going on here it will change things a bit. RL – I plan to put up LED lights with the automatic sensor. Chair – You have to think about the neighbors when you put these in, you don’t want to keep them up all night. JM – You can place the lights in a direction where they point down and they don’t protrude out. There a lot of ways you can light the building. JB – What kind of signage are you going to have? RL- The plastic signs you can get at D & G. Chair – Something that would be flush to the building? JB – You know where the Viana sign is now? Something like that. MM – No vinyl and no banners. RL - No , I know. I have enough customers I don’t need any more. MM – How is everybody going to know where you are? Everybody calls me before they bring me their car. MM – Word of mouth? RL – Yes JB – I didn’t get an answer on the lighting or the signage. Is it going to fit into the zoning of this particular area? Is he going to came back again? I thought we would get it all settled at one time. RL – If I put a sign over the door of the building you can see it from Summer Street. Maybe put a sign at the corner of the Bank, I don’t know if I can do that. Chair –Away from your property? RL – Yes Chair – We are just dealing with on your property. You need to tell us on your plan here MM – There is no plan. JB- The plot plan doesn’t show the building on the property that is why I had the certified plans done. It is a 40 by 80 ft. building. Chair - Would you put your sign where he has his now? RL – Yes. Chair – Like right there (referring to photo from assessors) RL – Yes Chair - The same size? RL – Yes Chair – Just so you will understand what we normally ask is that the petitioner tells us exactly what the sign is going to look like, where it’s going to be, what size it’s going to be. We also need an answer on the lighting. I think we have some unanswered questions and that maybe we need to have a continuance. MM – I we have some questions and you need some time we can do a continuance, we have a meeting in two weeks. Because the address is 0 Dwight St. I looked at your red building and not the building in question. It would give me a chance to walk it again I am looking at this favorably with some conditions. Maybe 2 weeks would give us some kind of time to take another look. JB- When it was described to me I was told it was the red building. Chair – I think that the best thing we should do for both your sake and our sake is to ask you to come up with a sign, tell us what your sign is going to say, how large it’s going to be and where it will be. RL – I already have my sign, I’m going to take my sign from my shop and put it in. It’s like a 4 by 6. Chair – Measure it out, take a picture, let us know what it’s going to be and bring it to the next meeting. Also, lighting we want to know how it’s going to be lit to be assured it’s not bothering the neighbors but that it’s sufficient for you in lighting up the property. If you going to do any improvements to the property, fencing, show us what the parking will be if you had an overflow tell us the number of cars you want to have because when we vote on this we’re going to say OK you can have x amount of cars inside and outside so we will need to know what that number will be. If you’re going to do improvements to the property we will need to know details what they will be. We need to have a little more concrete information before we can move forward. We are meeting in two weeks and we can have you back and all these questions can be answered. Chair – How many tow trucks do you have? RL – Four Chair – Where will they be stored? RL–At the garage. Chair- We need clarification where these four trucks will be stored, customer parking, Outside parking, inside parking, where the tow trucks will be need to be addressed. JB – What’s the date? Chair – April 8th and we can put you on at 8:00 PM JB – What’s the date? Chair – April 8th and we can put you on at 8:00 PM JB – What’s the date? Chair – April 8th and we can put you on at 8:00 PM JB – What’s the date? Chair – April 8th and we can put you on at 8:00 PM This is your notification we don’t send notice to people again. If you don’t mind you both need to sign an agreement to extend the time further discussions until April 8th at 8:00 PM and then I’ll sign. I need a motion to continue this meeting for a continuance until April 8th at 8:00 PM. Jim Concannon – I make a motion to extend 2014-09 to April 8, 2014 at 8:00 PM. Joseph Byrne– Motion Seconded VOTE: 5-0 GRANTED Continuance