Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive Fitchburg, Massachusetts MINUTES April 8, 2014 ________________________________________________________________________________ ATTENDANCE: Lauren McNamara-Chair, Vincent Pusateri II-Co-Chair, James Concannon-Clerk, Joseph Marrama & Michael McLaughlin., Joseph Byrne _________________________________________________________________________________ 1. Call to Order LM Pledge of Allegiance: All 2. Communications: Attendance: LM, JC, VP, 3. Hearings MM & JM 7:00PM ZBA-2014-10 Harold A. Dennen 102 Parson Circle Use Variance under §181.313 Subsection A.2 to erect a 24’ X 24’ single story addition (apartment) to the left side of the existing house and a variance under §181.414 which will leave less than the required 30’setback from the front property line in the Residential A-2 District at 248/11/0 Those in Favor: None Those Seeking Information: None Those Opposed: None Chair - I have been notified that Mr. Dennen has asked for a continuance, he is out of town as was unable to return in time for tonight’s meeting. He would like to enter into a mutual agreement for an extension and be put on the May 13, 2014 meeting for 7:00 A.M. Michael Mc Laughlin - Has Mr. Dennen agreed to the extension? Chair – Yes Mutual Agreement for Extension of Time was signed by the petitioner and Lauren McNamara-Chair at this time. Michael McLaughlin – Motion on ZBA 2014-10 to GRANT a continuance. Joseph Marrama – Motion Seconded VOTE: 5-0 GRANTED Continuance 7:15PM ZBA-2014-11 Sean Morrison 76 Summer Street Special Permit under§181.313 Subsection C.10B to allow open-air restaurant sales in the Residential C District at 70/30/0 Chair – Welcomes Mr. Morrison and asked for information about petition and his plans for the property. Sean Morrison - Basically, it’s the hot dog stand that was at J.R.’s. I bought it and would like to relocate it to 76 Summer St. I would like to do the same (sell hot dogs, soda, soup). It’s all electric nothing would need to be cooked. I have a plan I would like to submit (Exhibit A) showing where everything would be located. Those in Favor: None Those Seeking Information: None Those Opposed: None Andrian Clark – 34 Beacon Street – Concerns as to the placement of the stand due to traffic and safety. Ms. Clark would also like to know the hours of operation. Chair – The Board received a letter in opposition from Ms. Catherine O’Dowd (Exhibit B). Ms. O’Dowd’s primary concern was disposal of trash. Jim Concannon – What are you planning for hours of operation? Sean Morrison – 10:00 A.M. - 2:00 P.M. Mon. thru Fri. Jim Concannon – How do you plan to run power to this? Sean Morrison – Off the pole. Jim Concannon – How many employees? Sean Morrison – Probably two. Jim Concannon – Any lighting issues? Sean Morrison – No, I own the property and pay for the extra lighting located on the property for security concerns (2 large lights). Also, may put in a camera system. Michael McLaughlin – Questions about parking? Where’s the handicapped parking? Sean Morrison – Refers to Exhibit A and addresses the questions asked by Mr. McLaughlin. Michael McLaughlin – Are you going to operate this or sub-lease it? Mr. Morrison – I own it and I am going to operate it with my worker’s. Michael McLaughlin – Is it your intent to eventually do night- time hours as well? Mr. Morrison – Not at this time. Mr. Mc Laughlin – What about the trash situation? What are you going to do about that? – Mr. Morrison – I have a trash barrel and a dumpster on the property and will dump it either daily or every other day. Chair – Is there seating? Mr. Morrison - There will be 2 picnic tables which will be surrounded by 13 poles for safety. These will be cemented in the ground with chain connecting them. Chair – What will the traffic flow be? Mr. Morrison – There won’t be any change. Chair – Reads the response sheet comments from the Board of Health – This states that Mr. Morrison needs to conduct a plan review for his stand regarding lavatory access with hand washing per health code. Mr. Morrison – Employees and patrons will have access to the facilities. Police Department – Traffic Division - No traffic concerns. 1. Hours will be 10:00 A.M. – 2:00 P.M. Mon. thru Fri. 2. 6 Month Review October 14, 2014. 3. Must be owner operated not leased. 4. Plan as submitted 5. No plastic or vinyl banners 6. Not to be operated as a nuisance. 7. Will meet all requirements from Building, Board of Health, Planning, Police, Safety and any other City Department as requested. Hearing Closed: Deliberations: Jim Concannon – Don’t see it as a good fit for that neighborhood. I am concerned about traffic flow. Vincent Pusateri II Co-Chair – I see that it meets the criteria for the Special Permit. I also have some concerns about the traffic flow. Although, I see that the Police Department’s response seems not to show any traffic concerns. Michael McLaughlin – I believe it meets the criteria for the Special Permit and that any issues will be flushed out at the six month review. Hearing Closed: Michael McLaughlin – Motion on ZBA 2014-11 to GRANT a Special Permit as requested at 76 Summer Street with the conditions as discussed. Joseph Byrne – Motion Seconded VOTE: 4-1 GRANTED Joseph Byrne arrived at 7:30 P.M. 7:30PM ZBA-2014-12 Ruzbin Martinez / Shelby Sicard 90 Highview Street Variance under §181.414 to construct an addition that is closer to the front lot line than allowed. The proposed addition will leave less than the required 30 ft. to the front property line in the Residential A-2 District at.188/6/0 Chair – Welcomes Mr. Martinez and Ms. Sicard and asks for information about petition and their plans for the property. Mr. Martinez – We are looking to do a second floor addition extending the house about 6 ft. and a 2 car attached garage. Chair – Will there be any living space in the garage? Mr. Martinez – No, no living space. I need more room; we’ve grown out of it. Those in Favor: None Those Seeking Information: None Those Opposed: None Jim St Cyr 101 - Highview Street – My driveway has been blocked for numerous years, he has cars and company trucks I would like this to stop. I have no problem with the addition; I just want to make sure that my driveway will stop being blocked. Chair – Mr. Martinez will this variance help your situation and make it possible to keep your vehicle off the road? Mr. Martinez – Yes we will have a larger driveway, right now we have a small driveway. Robert Sinclair – 108 Hurd Street – Jim is my son-in-law, we had a similar situation in my neighborhood and what it really came down to was the size of the vehicles (Company Vehicles). Chair – Asked the Building Commissioner to clarify. Commissioner Lanciani – If a person brings a vehicle belonging to the company he works for it is allowed to be parked on the property. If he owns the company the vehicle belongs to he cannot park it on the property. In either case if it is in the road it is under the Police Department’s jurisdiction. Chair – Is this your own business or are you an owner in any way? Mr. Martinez – No Chair – How many cars belonging to the business that you work for do you take home? Mr. Martinez – One, a pick-up truck. Chair anyone else here in opposition? Anyone seeking any information? Anyone in support of the petition? Louis Martinez – Ruzbin works for me he is my brother. He works for me as a supervisor. I operate a business in Leominster and he takes home only the one truck (1 ton pick-up) he uses which belongs to my company. Open to Board: Michael McLaughlin – We don’t have a certified plot plan and we are dealing with a dimensional variance it’s impossible for us to completely analyze the property. Mr. Martinez – There is a plot plan. This is what came with the house. Michael McLaughlin – This is not a certified plot plan that illustrates the proposed changes for the variance being requested. That is what we require. Brief discussion between Mr. Martinez and the Board looking at the plan provided. Mr. Martinez explains he could not go further back on his property because of the location of the sewer pipes on his property and that is why he needs the variance. Mr. Martinez and the Board agree it would be beneficial for Mr. Martinez to obtain a Registered, Certified Plot Plan. All agree that a continuance is necessary until that time. Michael McLaughlin – Move to Continue ZBA 2014-12 to May 13, 2014 at 7:15PM Joe Byrne – Motion Seconded Mutual Agreement for Extension of Time was signed by the petitioners and Lauren McNamara-Chair at this time. VOTE: 5-0 GRANT a Continuance 7:45PM ZBA-2014-13 Michael Robillard / Ken-Bon Display Services Inc. 120 John Fitch Highway Use Variance under §181.5363 to construct a two (2) sided electronic reader board sign in the Central District 98/10/Lot A which are prohibited in all zoning districts per §181.5363 Michael Robillard – I am presenting for a variance for Carstar located at 120 John Fitch Highway in Fitchburg. Currently we have a message board with a visual area of 4 ft. x 7 ft. approx. 28 Sq. Ft. We are looking for a use variance because we cannot change this every 3 seconds but only as a static display. Michael McLaughlin – Mr. Robillard a Variance goes with the land. You are not the owner. Mr. Robillard – I am representing Carstar. Commissioner Lanciani – Through Chapter 48 Section 8 allows such representation. If he is acting as an agent for the land owner or if he’s applied and been denied a permit. The variance does go to the property but anybody that has been aggrieved can be the applicant. Chair – When the sign was placed, was it intended from the beginning to be a moving sign? Mr. Robillard – We knew we would have to apply for a variance from the beginning. Chair – What is your intention? Mr. Robillard – We would like to be able to change it every three seconds, no flashing, blinking or scrolling, it is a full color message center. Those in Favor: None Those Seeking Information: None Those Opposed: None Open to Board Michael McLaughlin – I have a question for the Commissioner. Are businesses limited to a total square footage for signage? Commissioner Lanciani – Yes there is a limit. Michael McLaughlin – Does this request fall under those limits? Commissioner Lanciani – Yes this sign does. Michael McLaughlin – Is there any bylaw in reference to the total area of signage if I have multiple? Commissioner Lanciani – There is. If they are attached to the building. Freestanding is separate, but there is also. Michael McLaughlin – Do these signs meet the criteria? Commissioner Lanciana – I believe they do. I believe at the time I did a review it met all the requirements except that it was moving. That is the reason for the variance. James Concannon – When you say that you want to change or increase the size of the sign up tp three seconds what are the kind of messages you are going to have on the sign? Mr. Robillard – Public service announcements, Insurance Company ads, time and temp, specials that Carstar may be having, any number of things. Chair – Would there be video? Mr. Robillard – No, no video. Chair – Any animation? Mr. Robillard – Yes, to some extent. Chair – Could you give me an example? Mr. Robillard – Like the Babineau Ins. We put up approx. five years ago. Chair – Would they be willing to do some public service announcements? Mr. Robillard – Yes Chair – We worry about such expensive signs being in dis- repair. Mr. Robillard – We’ve put others in the city and there have been no problems. The units I sell are covered by a five year warranty and do not anticipate any problems. Hearing Closed: Deliberations: Michael McLaughlin – Reads aloud the criteria for a - Use Variance under §181.5363 Michael McLaughlin – Expresses concern that there will be too many of these signs and the city will begin to look like Las Vegas. A lot of communities don’t even allow these signs. I’m just trying to envision five years down the road what the city could look like. Chair – But on this particular application? Michael McLaughlin – On this particular application I think I am having a hard time looking at this becoming common place and meeting the criteria for a use variance. It’s just my opinion. Jim Concannon – I understand Michaels’ comments I don’t particularly have an issue with this sign. I think that the applicant has together for other people and they have been tasteful and I don’t see why we wouldn’t let this particular sign move forward. Joseph Byrne – Mr. Robillard business is such that it has always been done in good taste and signs were well maintained as long as the property owner wants it maintained he’s been right on it. Mr. McLaughlin’s idea of Vegas on John Fitch Highway to me is not a bad idea. I would like to see it filled up because it is getting less and less business and if the signs would do it I would have to say I want more signs. Vincent Pusateri – I think that these electronic signs provide an upgraded modern look I would not have a problem with more of them particularly in the John Fitch area. I think this one I would certainly be in favor of. Joseph Marrama – I like the idea because it can be informative, like anything else if used in the proper way it could be beneficial to the city. I’m talking about just John Fitch Highway not all over town. Chair – I would be in favor of this particular petition with conditions. Michael McLaughlin - I feel that somebody should talk to the city council about limitations for these signs. Conditions: 1. Be operated in a manner consistent with the D.O.T. standards 2. Maintained and kept in good working order 3. Subject to a one year review 4. No flashing, scrolling, blinking, video, limited animation, 5. The petitioner will do service announcement in the messaging 6. Not to be operated as a nuisance. Hearing Reopened: Michael McLaughlin – Mr. Robillard please explain what you were talking about when you mentioned Insurance Companies Ads in relationship to the sign. Mr. Robillard – Carstar is a preferred repair service for an Insurance Company they could note that on the sign. Chair – There won’t be any advertisements for any other businesses other than their own correct? Mr. Robillard – That’s correct. Hearing Closed: Michael McLaughlin – Motion on ZBA 2014-13 to GRANT a Use Variance as requested with conditions as listed at 120 John Fitch Highway. Joseph Byrne – Motion Seconded VOTE: 4-1 GRANTED 8:00PM 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 Chair – Have you put together a plan? Mr. Bragna and Mr. Lopez – Yes we have, we brought some drawings for you (Exhibits A and B). Chair to Mr. Pusateri – You weren’t at the last meeting, would you like to be brought up to speed, or would you like Mr. Marrama to move ahead? Mr. Pusateri – I would like Mr. Marrama to continue in my place. Mr. Pusateri excused at 8:45 P.M. Those in Favor: None Those Seeking Information: None Those Opposed: None Chair – Please run us through everything. Mr. Bragna – Let me show you the parking and improvements. Mr. Lopez has a picture of the sign he has on the building he is in now and he would like to transfer this sign to the building located at 0 Dwight Street. Lighting can be placed on the awning to illuminate the sign. The sign is a 4 x 6 sign, nothing special, not many lights. Chair – It is professional and that addresses questions concerning the sign. At this time Mr. Bragna, Mr. Lopez and the Board review the drawings which indicate where the parking will be, where the fencing will be installed and the lighting that will be placed on the building to light the property without affecting the neighbors. Chair – Are you going to still be a part owner of this property or are you selling it to Mr. Lopez? Mr. Bragna – I am selling the property to Mr. Lopez. Chair – What happens if Mr. Lopez buys the property and when the review comes up we are not happy with what is going on at the property a he has a Special Permit? Mr. Bragna – The area is zones Commercial-Light Industrial he does auto repair and towing. I don’t believe it’s going to create an excessive amount for the neighborhood. There are other business located in the area my business and Mike Little’s. Mr. Lopez comes highly recommended. I also believe with the building being occupied and the lighting and fencing in place that it would better for the neighborhood as far as safety concerns in the area. Chair – How many vehicles would you like to have on the property at one time? Including your employee’s vehicles. Also, what kind of fencing are you planning on? Michael McLaughlin – Questions Mr. Lopez as to how people would access his property and not use the hardware stores property. Mr. Bragna and Mr. Lopez assure him that this would not be a problem. Chair – Did we get everything we were asking for as far as information we requested? Michael McLaughlin – I have the conditions we discussed at the meeting held March 25, 2014. Conditions 1. No vehicles for sale 2. No dismantled, inoperable, junk or parts vehicles 3. No auto body repairs 4. No vehicles for sale on property 5. No outside storage of auto parts / tires 6. No plastic and or vinyl banners / Professional signage only 7. 6 month Review – October 14 , 2014 8. Hours of Operation: Monday-Friday 8:00AM-6:00PM Saturday 8:00 AM – 2:00PM Closed Sunday 9. Plans as submitted 10. Parking for up to 10 customer / employee vehicles 11. Not to be operated as a nuisance. 12. Sunset Clause – Special Permit to terminate upon the sale/transfer of the business. Hearing Closed: Deliberations: Chair asks all members their thoughts on the petition. Michael McLaughlin – I would be in favor based on the application and conditions discussed at this time. Jim Concannon – I am in favor of the petition. Joseph Byrne – Yes, I am in favor of the petition. Joseph Marrama – Yes, with the stated conditions. Chair – I am also in favor with the stated conditions. Michael McLaughlin – Motion under ZBA 2014-09 to GRANT a Special Permit as requested with conditions as stated at 0 Dwight Street. Joseph Marrama– Motion Seconded VOTE: 5-0 GRANTED 8:15PM ZBA-2014-07 Karen Stroparro 150 Benson Street Special permit §181.313.D.6 and variance §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 Chair – We have invited the Building Commissioner to tonight’s hearing to make sure we are all on the same page. Commissioner Lanciani is in attendance to provide clarification to questions asked at the hearing held on March 25, 2014 and any that may be a concern tonight. Commissioner Lanciani – What Karen is proposing to do does need a Special Permit and a Variance because of the way our Zoning is written. I spoke with Mark Goldstein and he agrees we can go forward with this petition. Those in Favor: None Those Seeking Information: None Those Opposed: None Michael McLaughlin - §181.313.D.6 needs a Special Permit for what? Commissioner Lanciani – For scrapmetal. Vehicle recycling and salvage yard is the D6 and E2 is the open air storage of junk other than vehicles, that’s why she needs the variance. Alton Stone – To go back to the metal salvage recycling business. We had a Special Permit no Variance actually issued 2006-0051; the petitioner was Fitchburg Foundry Inc. Mr. Stone reads aloud the Special Permit granted at that time to the Board which stated conditions at that time. We would like that re-issued. Chair – At that time there was a different Commissioner and maybe a different chemistry of a different Board we are here with a new petition tonight and are going forward. Alton Stone – I understand. Chair – Does everyone understand where we’re at? Board’s response – Yes Chair – Does anyone have questions? Michael McLaughlin – Streetscape improvements, I would like to talk about that. Tim Pomerleau – We have recently done quite a bit of cleaning and painting recently including paving, landscaping and adding shrubbery to dress the property up. Mike McLaughlin – Do we have the big plan again? Alton Stone – I submitted one with the petition and brought on to the last hearing. Chair – Anytime you give us something we assume it is now a new Exhibit and write it into the record. Alton – I understand. Chair – Could you carry us through what that decision was in 2006 I was wondering what kind of conditions we may have put on it. Alton Stone – This was actually a Special Permit not a variance Mr. Stone then read aloud the conditions on the 2006 Special Permit. Alton Stone – Hours requested are 7:00AM – 5:00PM Monday thru Saturday. Chair – Six month review. Do you have to go to the Planning Board again? Alton Stone – No, we are not building anything. Chair to Commissioner Lanciani – In my letter I said they would need Planning Board approval, if Mike O’Hara tells me they are all set I accept that, I have not heard definitively from Mr. O’Hara. Chair to Commissioner Lanciani – My question to you is will you accept Mike O’Hara’s decision or will they need to go to their Board? Commissioner Lanciani – Alton would have to talk to Mr. O’Hara. If Mr. O’Hara tells me it’s not needed I trust his decision. Alton Stone – I discussed it with Mike O’Hara and his initial respone was no, because we are not building anything. I then submitted a letter to Mr. O’Hara explaining the Fitchburg Foundry Petition and received no response. I took the assumption based on our verbal conversation that we don’t. You may want final confirmation from Mr. O’Hara to the Board. Chair – We would put that in our conditions and if it is met you will be all set. So I suggest that it would be in writing so that it is on record that it is final. Further conditions are discussed. Conditions: 1. Hours of operation – 7:00AM – 5:00PM - Monday thru Saturday Closed Sunday 2. 6 Month Review – October 14, 2014 3. All conditions set by the planning Board is site plan review to become a condition of this Special Permit. 4. All vehicles to enter and exit the property off of Benson Street having the ability to maneuver inside the fenced area to load and unload and turn before exiting. 5. Beautification of the area to be addressed at site plan review and subject to review by ZBA 6. Not to be operated as a nuisance. Hearing Closed: Deliberations: Chair – Would anybody like to comment on the Special Permit? All Board members are in favor with all conditions as discussed. Michael McLaughlin – Motion under ZBA 2014-07 to GRANT a Special Permit to Karen Stroparro for Fitchburg Foundry 150 Benson Street as requested with conditions as stated and with plans submitted as marked. Joseph Byrne– Motion Seconded VOTE: 5-0 GRANTED Hearing Reopened: Michael McLaughlin – This is specifically for the open air storage of scrap. Could you point to where the scrap is so we have an idea in reference to the variance? Members of the Board and the Petitioners review the plan presented (Exhibit B). Mr. Stone points to where the scrap metal is stored and is asked by the Chair to mark the area “Fitchburg Foundry scrap mental stored and sorted” and highlight the area. Karen Stroparro – We also have a trailer that contains special metals. Chair – Please mark that area as “trailer storage specials metals” please mark the overflow scrap area and highlight, initial and date it also. Hearing Closed: Deliberations: Michael McLaughlin – I would be in favor of issuing the Variance where it is tied into the Special Permit. We’ve issued the Special Permit to allow the dismantling of metals. I don’t think it has a negative impact on the zoning area in this location. All Board members are in agreement. Michael McLaughlin – Motion under ZBA 2014-07 to GRANT a Variance to Karen Stroparro for Fitchburg Foundry 150 Benson Street as requested with conditions as stated and with plans submitted as marked. Joseph Byrne– Motion Seconded VOTE: 5-0 GRANTED 8:30PM ZBA-2014-08 Timothy Pomerleau / Rydemore Heavy Duty Truck Parts Inc. 150 Benson Street Special permit §181.313.D.6 and variance §181.313.E.2 to conduct a vehicle recycling and salvage business in the Industrial District at 183/15/0 Commissioner Lanciani – If all Mr. Pomerleau would like to do is vehicle sales he would need a Variance. If he is going to tow vehicles other that his own he would then need a Special Permit. Mr. Pomerleau – Towing would be only for vehicles I would own, I am not for hire to the public for towing. Michael McLaughlin – Mr. Pomerleau would you like to amend your petition to strike §181.313.E.2 and amend it to §181.313.C.13, to conduct a vehicle towing business to transport used heavy duty trucks & equipment and used parts, and then strike §181.313.C.13? Mr. Pomerleau – Yes Joseph Marrama – Motion under ZBA 2014-07 to GRANT to Amend to strike §181.313.E.2 and amend it to §181.313.C.13, conduct a vehicle towing business to transport used heavy duty trucks & equipment and used parts and strike and then strike §181.313.C.13 as stated. Michael McLaughlin– Motion Seconded VOTE: 5-0 GRANTED to AMEND Michael McLaughlin – Motion under ZBA 2014-07 to GRANT to Amend to strike §181.313.D.6 and amend it to Variance under §181.313.C.11, used motor vehicle sales. Joseph Byrne – Motion Seconded VOTE: 5-0 GRANTED to AMEND Those in Favor: None Those Seeking Information: None Those Opposed: None Michael McLaughlin to Mr. Pomerleau – Please tell us briefly what you plans are for 150 Benson Street in relation to your petition. Mr. Pomerleau and the Board refer to the plans (Exhibit A) for 150 Benson Street. The Chair asks that he mark as Ms. Stroparro did the location of things he has planned for his business in reference to his petition. There is a discussion between the Board and Mr. Pomerleau as he describes where each designated area is and the planned use for each. Conditions: 1. Hours of operation – 7:00AM – 5:00PM - Monday thru Saturday Closed Sunday 2. 6 Month Review – October 14, 2014 3. Maximum 10 vehicles for sale on display for sale at one time 4. Maximum of 30 vehicles allowed in staging area awaiting to be dismantled 5. Outside storage area of vehicle body parts / bulk itemsare not to be visible from public view and are to be stored as shown on plan submitted. 6. Not to be operated as a nuisance. Hearing Closed: Deliberations: Michael McLaughlin – The property has been used as it is being requested for many years, it is zoned Industrial. Automotive sales is not an allowed use however, I do not see it as having a negative impact in the district. Variances and special permits similar to what is being asked have already been granted in the past and I think it would be a good use of the land. Chair – Is everyone in agreement? Response from all – Yes Michael McLaughlin – Motion under ZBA 2014-07 to GRANT to Variance under §181.313.C11, Timothy Pomerleau / Rydemore Heavy Duty Truck Parts Inc. at 150 Benson Street with conditions as discussed. James Concannon – Motion Seconded VOTE: 5-0 GRANTED 4. MISCELLANEOUS Board and Commissioner Lanciani held a brief discussion pertaining to 1-3 Prospect Street. 5. ADJOURNMENT