Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive Fitchburg, Massachusetts MINUTES May 13, 2014 ________________________________________________________________________________ ATTENDANCE: Lauren McNamara-Chair, Vincent Pusateri II-Co-Chair, James Concannon-Clerk, Joseph Marrama & Michael McLaughlin _________________________________________________________________________________ 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 Chair – Mr. Dennen, what is your plan for the requested addition? Mr. Dennen – To create an apartment for my daughter and granddaughter. My daughter is visually impaired and we provide her transportation, right now she lives in Leominster. This apartment would make things much easier for my family. Myself, and my children have grown up in this neighborhood and I would like for my granddaughter to be able to. If we are able to put the addition on it would accomplish a lot of positives for my family. Chair - What would the gross living area be? Mr. Dennen – I don’t know. We’ve maintained the current lines of the house, it’s a Cape. I think we will be able to put four rooms with a loft. Chair – No garage? Mr. Dennen – No, no garage but there is a porch in the back. Chair – The addition would be to the left of the property, there is some vacant land, is this all your land? Mr. Dennen – It’s not all my land, there is a paper street that abuts my land. There is a steel guardrail at the top, that’s the paper street. It was called Eureka St. Extension. Chair – I don’t see an affidavit. Mike McLaughlin – The accessory apartment application? This is a request for a two family not a use variance. Mike McLaughlin – My question is, why is this not coming to us as a request to have an accessory apartment? Is that what you asked for Mr. Dennen? Mr. Dennen – Could you explain to me what the definition of an accessory apartment is? Mike McLaughlin - When you want to share your home with a family member not really converting it to a two family. You are dividing the space but not separating the utilities. Mr. Dennen – It was our intent to have separate entrances and separate utilities. James Concannon – May I inquire how many two family homes are in that neighborhood? Mr. Dennen - Originally most of the property was owned by the paper company, they built a number of duplexes for the employees to live in. Chair – Mr. Dennen do you have anything else to add? Mr. Dennen – No, I’m just here to answer any question you may have for me. Those Seeking Information: None Those Opposed: None Those in Favor: Ruzbin Martinez 90 Highview St. Daniel Poirier 78 Parson Circle Open to Board: Mike McLaughlin – No questions. James Concannon – I would like to get the accessory apartment issue resolved. Chair – We need clarification from the Building Commissioner as his letter indicates Mr. Dennen should apply for a Use Variance. The Zoning By-Laws state that you cannot grant a use variance in a residential neighborhood. The Board then explains the difference between an accessory apartment and making the home a two family. Chair – We need to follow-up with the Building Commissioner for clarification. If you would like we can continue your request until the June 10th meeting. Mr. Dennen – I would like to request a continuance until June 10th. Hearing Closed: Deliberations: Michael McLaughlin – Move to continue ZBA 2014-10 to June 10, 2014 @ 8:15 P.M. James Concannon – Motion Seconded VOTE: 5-0 GRANTED Mutual Agreement for Extension of Time was signed by the petitioner and Lauren McNamara-Chair at this time. 7:15PM 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 Mr. Martinez requested a continuance, he was unable to obtain a certified plot plan in time for tonight’s meeting. He would like to enter into a mutual agreement for an extension and be put on the June 10, 2014 meeting for 8:00 P.M. James Concannon – Move to Continue ZBA 2014-12 to June 10, 2014 at 8:00 P.M. Vincent Pusateri II – Motion Seconded Mutual Agreement for Extension of Time was signed by the petitioners and Lauren McNamara-Chair at this time. VOTE: 5-0 GRANTED 7:30PM ZBA-2014-14 Daniel Poirier 78 Parson Circle Variance under §181.414 to construct a garage addition with a setback of 19 ft. instead of the required 35 ft. at the rear of the property line in the Residential A-2 District at.248/9/0 Chair – Welcomes Mr. Poirier and requests information pertaining to his petition. Mr. Poirier – I would like to put an addition onto what was originally a horse barn that I have already converted into a two stall garage. The addition would be a 14 ft. addition to the rear making a third stall for the garage. Chair - Please explain further, when I looked at the property there was TYVEK on a garage along what I believe was a shared driveway. Is that a shared driveway? Mr. Poirier – Yes, it is a shared driveway. Chair – Is that an existing garage now? Mr. Poirier – Yes, it was an old horse barn and I have converted it into a two stall garage. Looking at the plot plan Mr. Poirier explains where the building is located and also presents pictures showing the garage and where it is located on the property (Exhibits A thru D). Chair – Do you have anything else to describe your plans? Mr. Poirier – No, I would just like to add that when the project is completed it will look much better than it does now. I plan to put the same finish on the garage as I have on the house. One will complement the other. Those in Favor: None Those Seeking Information: None Those Opposed: None Michael McLaughlin – Requests more information on the driveway and asks if there is an easement. Mr. Poirier – Not really sure, might be a paper street, but it doesn’t show it. James Concannon - The existing garage is two bays and you would like to add a third? Mr. Poirier – That is correct. Chair – The garage will strictly be used for vehicles? Mr. Poirier – Yes. Chair – Why did you decide to place the addition on this side and not the other? Mr. Poirier – When the Architect drew up the plans he has a roof that is not going to be the same pitch I wouldn’t want that in the front. Hearing Closed: Deliberations: James Concannon – No questions. I do like the idea that the garage is going to coordinate better with the house. I agree with the petitioner’s thoughts on having the addition on the back so as not to disrupt the look of the front of the garage. Vincent Pusateri II - I’m in favor of the petition and agree with the reasons stated by Mr. Concannon. Joseph Marrama – No question, also in agreement. Chair – Also in favor of the petition. Any conditions? Michael McLaughlin – I have confidence in the petitioner. A condition that you might want to include is that the façade of the building with the addition match the façade of the house. Also, a construction timeline (to be completed within one year, and debris removed). Conditions 1. The façade of the building with the addition match the façade of the house. 2. Construction to be completed within one year. 3. All debris must be removed. Michael McLaughlin – Motion under ZBA 2014-14 to GRANT a Variance as requested with conditions as stated at 78 Parson Circle. James Concannon – Motion Seconded VOTE: 5-0 GRANTED 7:45PM ZBA-2012-02 Jefal Fitchburg LP 567 JOHN FITCH HWY Attorney George Watts representing the petitioner stated that they are finally open and one of the reader boards were up and operational then there was a problem. The problem was resolved and the reader boards are once again operational and meet the conditions cited at the time of the approval for the variance. Conditions: 1. No flashing, blinking, animation or video on sign 2. Size of signs per plan submitted and the non- compliant smaller signs on pole #3 will be taken down and not replaced. 3. Alpha, numeric, symbolic and picture display only 4. Public service announcements to be included in the text, such as, time, temp, and amber alerts 5. Signs to be maintained and in good condition and repair 6. Sign to meet D.O.T. standards including but not limited to not less than 3 seconds display 7. Review in one year – May 12, 2015. Michael McLaughlin – Motion on ZBA-2012-02 with conditions as stated for a one year Review to May 12, 2015. Vincent Pusateri II – Motion Seconded VOTE: 5-0 GRANTED Review May 12, 2015 8:00PM ZBA-2012-22 Fitchburg Public Schools 111 GOODRICH ST Bill Barletta - The signs for the schools are in the procurement process at the present time. They are hoping to have the signs installed in August before school opens. Vincent Pusateri II – Motion on ZBA-2012-22 to expand the time in which for the petitioner’s to exercise their variance for an additional six months. Michael McLaughlin – Motion Seconded VOTE: 5-0 GRANTED Michael McLaughlin – Motion on ZBA-2012-22 to continue the Review for six months to November 25, 2014. Vincent Pusateri II – Motion Seconded VOTE: 5-0 GRANTED Review November 25, 2014 8:15PM ZBA-2012-23 Fitchburg Public Schools 140 ARN HOW FARM RD Bill Barletta - The signs for the schools are in the procurement process at the present time. They are hoping to have the signs installed in August before school opens. Vincent Pusateri II – Motion on ZBA-2012-23 to expand the time in which for the petitioner’s to exercise their variance for an additional six months. Michael McLaughlin – Motion Seconded VOTE: 5-0 GRANTED Vincent Pusateri II – Motion on ZBA-2012-23 to Continue the Review to November 25, 2014. Michael McLaughlin – Motion Seconded VOTE: 5-0 GRANTED Review November 25, 2014 4. Miscellaneous Discussion to amend the date for the November meeting. The current meeting is scheduled for November 11, 2014 which is a Holiday. Will be re-scheduled for November 25, 2014. 5. Adjournment Michael McLaughlin – Motion to Adjourn James Concannon – Motion Seconded VOTE: 5-0 Adjournment