Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive Fitchburg, Massachusetts MINUTES November 25, 2014 ________________________________________________________________________________ ATTENDANCE: Lauren McNamara Chair, James Concannon Clerk, Joseph Maramma, Vincent Pusateri II – Co-Chair ________________________________________________________________________________ 1. Call to Order LM Pledge of Allegiance: All 2. Communications: Attendance: LM, JC, JM, 3. Hearings VP 7:00PM ZBA-2014-24 Grecco Alonso 134 Crawford Street Special permit under §181.313C13 to operate a commercial vehicle inspection station in the Industrial District at 114R/1/0 at 134 CRAWFORD STREET LM Chair – Mr. Alonso, please tell us what you would like to do. GA – I would like to do inspections for commercial trucks. LM Chair – Please tell us about the commercial vehicle inspections. GA – There is nothing around for commercial vehicle inspection stations in Fitchburg, there is on Rt. 117 but people really don’t like going there. I figured this would be another option. VP – You have a large contractor’s yard out back. As I pull in all the way to the right you have a number of bays there where you park your trucks. GA – That’s right. VP – Where are the inspections going to take place? GA – In the garage on the left. As you pull in it is directly to your left. VP – As I pull in there is a garage directly on the left, way in the back there is a large pile of pre-cast. GA – Blocks, and all my bricks and a dumpster. VP – So, the garage is attached to the building where you will be doing the inspections? GA – Yes, I can fit any size of truck inside. VP – The inspections would occur behind the fence and inside the garage? GA – Yes LM Chair - Lauren McNamara - Chair- We are a six member board when all members are in attendance. Tonight we have four members in attendance which constitutes a quorum. You will need what is known as a Super Majority for your case to pass which would be a unanimous vote tonight. I would like to offer you the opportunity to come back when a full board is in attendance or choose to continue tonight. GA – I would like to continue. LM Chair – On the plan could you show us where the vehicles would pull in and out of the property? GA – The Petitioner refers to the plans and shows where the vehicles will enter and exit. The area is all paved, there is plenty of room for the trucks to wait there, so they won’t be going outside causing a traffic problem. LM Chair – How about parking? GA – There is unlimited parking. LM Chair to the Board – Do you think we need a parking plan? VP – Everything is going to occur behind a gated and fenced area. The inspections are going to be inside the building. GA – The gate will be open. VP – It seems that there will be zero impact from the street. If you drive in and see a commercial vehicle. What if you have a line? GA – If there were a line we could make it go either all the way to the other fence or loop it around to the back of the property. VP – One of our conditions would be to be that the line doesn’t go out to the street. GA – It would never go out to the street. LM Chair – Do you have anything else to add at this point? GA – Not at this point. LM – At this time We a now going to open the meeting up to the audience. Those Seeking Information: None Those Opposed: None Those in Favor: None Open to the Board JC – I don’t have any questions. VP – I have already discussed any concerns that I had. LM Chair – What are your hours of operation? GA – We are open 8:00 AM to 4:30 PM Monday thru Friday and 8:00 AM to 12:30 PM Saturday. Closed Sunday. JM – No, I’m good with it. LM Chair – We received a letter from the Building Commissioner today, are you aware of this? GA – No LM Chair – Reads the letter from the Commissioner expressing his concerns for pennant signs he saw on the property. He was concerned that the signs gave the impression that the Inspection Station was in operation. GA- We haven’t opened up yet. The State forced us to buy the signs with the sticker signs or I would have lost my license to inspect. I spent over $15,000.00 on the computer and everything. We haven’t done anything yet. LM Chair - The letter also mentions that the towing business still continues without a Special Permit. GA – I received the letter from the ZBA informing me that the towing company is on the Agenda for the 12/9/14 ZBA meeting for the Special Permit. If I have to shut him down I will shut him down, I am not going to let him interfere with me. VP – This is an Industrial area and they are operating a commercial business. I’m not going to get all up in arms over this. LM Chair – It’s about enforcement, the Building Commissioner wants to enforce, there’s nothing really that we can do. VP – Right. LM Chair – I don’t think we need to act on this. I’m glad we got the answers. VP – I don’t see any reason to sway my decision on approving this application. LM Chair – Same here. JM – I’m all good with that. VP – Let me ask you a question. Are there any other types of operations that you might want to put your business to? Any other iron on the fire you might want to consider? You have a nice location there with a lot of room to grow. GA - Maybe something to do with Landscaping for highway work. VP – What is your current business? GA – We adjust the manholes and catch basins. VP – Do we have his decision on that issue? LM Chair – It’s in the package. He was approved in June with a 1 year review. LM Chair – My question to you Lois is Whey did we strike the scrap mental on the property be allowed for casting only? Lois - I believe VP edited the minutes to reflect that change. VP signed the minutes and decisions for that meeting. VP – The Board granted a Special Permit with conditions. I wasn’t going to limit him to scrap metal castings only. He has been granted a special permit, unfortunately the decision reads “granted as requested”. I don’t remember exactly what he was requesting. GA – It was to operate a construction yard with vehicles and equipment. VP – The next time you make an application for the property, try to make it all inclusive. To operate a commercial enterprise which would include. LM Chair – At this point, when he comes back in June of 2015, if there are other things that you want to add you could maybe amend it then and include it all in. GA – Do I go through the same application process? LM Chair – You won’t need to, because you are coming back for a review. If you want to make an adjustment to your present use we can do that then. But, if you want something totally different you may have to make a new application. GA – It’s pretty much going to be the construction and the inspection station. LM Chair – If you want to do something within construction, similar to what you are doing, we could probably enhance on that when you come back. VP – I don’t think it’s even the Building Department’s position that they don’t want you to do that stuff. It’s just that there are certain rules and everyone has to be handled the same way. GA – I understand. The State threatened to pull my license. VP – I know, if you’re licensed you better be doing it. JM – The State is pretty strict and I believed he did what he had to do to keep his license. Hearing Closed: Deliberations: LM – Chair – JC would you be in favor of the petition? JC – Yes I would be. LM Chair – Any conditions? JC – Nothing more than we already discussed. LM Chair – Not to be operated as a nuisance, hours would be 8:00 AM to 4:30 PM Monday thru Friday and 8:00 AM to 12:30 PM Saturday. Closed Sunday, the line of vehicles waiting for inspection doesn’t go out to the street. VP – Let’s put a review on and team it up this one for June 2015. We can take a look at both of them and if we need to make any changes we could take care of it then. LM Chair – Would you be in favor of the petition? VP – Yes, with a review I June 2015. JM – I am in favor. LM Chair – Me as well. VP - I would also like to make a finding, there are no other Commercial Vehicle Inspection Stations in the City of Fitchburg and only one in Leominster pursuant to the petitioners representation based on information and belief. Conditions: 1. The line of commercial vehicles waiting for inspection would not be allowed to extend to Crawford Street or Airport Road. 2. The hours of operation would be 8:00 AM to 4:30 PM Monday thru Friday and 8:00 AM to 12:30 PM Saturday. Closed Sunday 3. Not to be operated as a nuisance 4. Review June 9, 2015 Vincent Pusateri II – Motion under ZBA 2014-24 to GRANT a Special permit with the conditions as stated. James Concannon– Motion Seconded VOTE: 4-0 GRANTED 7:15PM ZBA-2012-22 Fitchburg Public Schools 111 Goodrich Street Review of the Variance under §181.5363 to construct an Electronic Reader Board Sign located in the Residential B District at 71/42/0 LM Chair – For the record, please state your names. Mike Pelland, Principal Goodrich Academy, Joseph Richardson, Director of School Building Maintenance, Bob Jokela, School Superintendent of Finance and Opertions. LM – Chair – Where are we on the electronic reader board? Joe Richardson – The advertisement just went out on November 20th and we have fourteen prospective bidders that are interested .The specs have been written up and we are looking to move forward. LM Chair – How long do you think it will be before you actually have it up and running? JR – I believe the bid specifies that it be completed within 40 days of the award. LM Chair – So, would it be a good idea to come back at the end of the school year after it is up and running so we can view it and see how it’s working? At this point we have nothing to judge anything by. VP – We granted a variance to build an electronic sign. The issue is that a year has passed and technically speaking you are supposed to make use of that variance, can we extend that for an additional six months by a motion? LM Chair – I believe so. VP – What do you believe a substantial start date would be? JR – The bids are going to be opened on December 11th. I would gather that it would be fairly quick once the bids are opened and there is an Award for the project. BJ – With winter coming now we have to figure out whether to wait until Spring to put in the footings. VP – We could be hyper technical about it, if somebody was objecting we might have a problem. I don’t think anyone is going to say that you have to start in six months, but technically speaking you have to start something in six months. Hearing Closed: Deliberations: LM Chair – I would like to entertain a motion on ZBA 2012-22 to extend for six months. Vincent Pusateri II – I’ll make a motion to extend ZBA 2012-22 for six months. James Concannon - I will second the motion. VOTE: 4-0 Extension Granted - Review date will be June 9, 2015 VP – I’ll make a motion to approve the review with the same conditions except to strike the condition for a one year review and replace it with a review date of June 9, 2015. Amended Conditions: 1. No flashing/blinking, or video of sign 2. Size and location of sign to remain as the existing sign 3. Public Service announcements to be included in the text, such as, time, temp and amber alerts 4. Sign to be maintained in good condition and repair 5. Sign to meet D.O.T. standards 6. Sign to be vandal proof 7. Review - June 9, 2015 JC - I will second the motion. 7:30PM ZBA-2012-23 Fitchburg Public Schools 140 Arn How Farm Road Review of the Variance under §181.5363 to replace an existing sign with a new Electronic Reader Board Sign located in the Rural Residential District at 324/1/0 LM – Chair – My suspicion is that you would like to do the same. It’s a package deal. Bob Jokela – Except, here the sign is replacing a fixed sign already there. Joe Richardson – The footings are in, we are basically just replacing the existing sign with a reader board. LM – Chair - Would you like an earlier review, or just do both signs together? JR – I think it would be safer just to go together and keep it as a package. Hearing Closed: Deliberations: Vicent Pusateri II – I’ll make a motion to approve the review with the same conditions except to strike the condition for a one year review and replace it with a review date of June 9, 2015. Amended Conditions: 1. No flashing/blinking, or video of sign 2. Size and location of sign to remain as the existing sign 3. Public Service announcements to be included in the text, such as, time, temp and amber alerts 4. Sign to be maintained in good condition and repair 5. Sign to meet D.O.T. standards 6. Sign to be vandal proof 7. Review - June 9, 2015 Joseph Maramma - I will second the motion. VOTE: 4-0 Extension Granted – Review date will be June 9, 2015 7:45PM ZBA-2013-18 Lovella Ventures Inc. (Julie and Michael Paradise) 232 Airport Road Review of the Special Permit under §181.10 & §181.313E1 to use a portion of the lot for Open-Air Storage of dumpsters not in connection with the principal use of the premises located in the Industrial District at 142/5/0 LM – Chair – How are things going? VP – Before we start I would like to disclose that there is an Attorney – Client relationship between Attorney Wilson from my office and these petitioners. In light of the fact that there are four members of the Board in attendance this evening and it is simply a review without objection, I am going to proceed with the review. LM Chair – I don’t have a problem with that. Does any member of the Board have concerns? JC – I don’t. JM – Not at all. LM Chair – It’s been a year, how are things going. Julie Paradise - Things are going well, we are getting the word out and starting to grow the business, we’re excited about it. LM Chair – How is the whole set-up working? JP – It’s working perfectly. It’s a really good spot for us. We appreciate last year when we talked about different things we needed to do with the fencing, it has grown our business a lot. LM – Chair – Just being able to view them? JP – Yes, we tract where our calls come from. So many people say “we saw your bins on Airport Road”. LM Chair – Are you having any problems with vandalism? MP – No, none. LM Chair - Is it well lit at night? MP – Yes, we have some nice LED lights. LM Chair – That’s good, I know other businesses in that area have had problems with vandalism. VP – You have to keep that area well lit, we are also encouraging people to put some type of video surveillance. VP – Do you have slats in the fence? JP – No, that is part of our advertising, people going by can see the bins. VP – Without the slats you may not have the vandalism problems your neighbors have had. I am asking people to do that (video surveillance) to the extent they can because we are having a problem curtailing the vandalism in that area. A lot of the business owners were able to find relatively inexpensive wireless camera systems. Do you have an office there? JP – No, we don’t have an office there. VP- That means that you don’t have Wi-Fi then. VP – The vandals are really ruining the “Gateway”. MP – We’ve noticed that further down on the fence that has the slats. It’s tagged all the way down. That had to have taken some time. JC – You have no office there but is there an opportunity that you could have a server to collect information from a Wi-Fi system closet somewhere? Is there any space at all? JP - Possibly, we could talk to the owner of the property. JC -- The point is that it’s an easy solution to protect not only your business, but also the Landlords property. MP – He might already have something in there and I haven’t seen it. I’ll speak with him and find out. LM Chair – Reads aloud the findings from the initial meeting granting the Special Permit. Conditions 1. All maintenance and repair of the dumpsters to take place to the rear of the area 2. Fence to be maintained and in good repair 3. Fenced in area will be well lighted 4. Review November 11, 2014 at 7:00PM 5. Special Permit to expire/terminate upon sale/transfer of ownership/operation of the business from Mike Paradise We are now going to open the meeting up to the audience. Those Seeking Information: None Those Opposed: None Those in Favor: None LM – Chair – Does the Board have anything they would like to add or strike concerning the current conditions? Any questions for the Petitioner? JC – My comment would be that I have tracked the progress of the business by the number of dumpster I see on the lot. Maybe a month ago I saw 2 or 3 dumpsters on your lot and thought “I hope they’re not going out of business”. MP – They were all out. That’s a good thing. LM Chair – How many do you have now? MP – 23 LM Chair – How many did you start out with? MP – 14 JC – I have seen some throughout the City and I’ve seen your truck delivering them. It seems like you’re doing well. MP – That’ good. The City of Fitchburg has been real nice to us. LM Chair – Any more question, change in conditions, do they need to come back? JC – Maybe we could just leave it open. There could be expansion down the road, maybe put a review in a year? LM Chair – Not to be operated as a nuisance. Do you want to curtail the number of dumpsters? JC – No, but I don’t want to see them expand beyond the capacity of the site. VP – As a general thought instead of no longer putting on these cases for review maybe we can put a condition on that with notice we would review the matter. They could write us a letter and tell us that they have outgrown the conditions or that they need more space. LM Chair – The only thing is that we didn’t have anything in there about the space. JC – Wasn’t this area multi-use? Three businesses running out of one address? LM Chair – I don’t think he knew what he was going to do at the time. He was going to do storage for the Process Cooling Business. He wasn’t even sure if he was going to have an office in there. Does he have an office there? JP – There is another company that has an office there. I don’t even know what the name of the company is. MP – I believe it is EMC. I don’t know what they do. JC – I like Vinnie’s idea. LM Chair – We have told that to all petitioners. VP – I want to write it in the decision, what happens is we drive by a place and we say there’s no enforcement, they are violating the conditions and we have and we have no mechanism to have them come in. Or, we make no further review date and the petitioners now want to double the size of the area they are using or take other steps which may or may not be consistent with these conditions. I’m thinking generally. Then they have to start with a new petition and pay the fee again. LM Chair – We just called a petitioner in that was not up for review because his site deplorable. Then we put him on for another review. VP – Either way you want to do it, I see no harm in writing it in the actual decision so it is very clear that we can do that. LM Chair – We don’t ha a designated spot right now. VP – That’s true. JC - My concern here is that this site has multiple businesses and they have literally doubled their business. LM Chair – How many more dumpsters can you fit in that area? MP – We want them all out, we don’t want any more in that area. LM Chair – But, how many could you fir in there if they were all there? MP - I know that we could fit all that we have now, and at least a dozen more. We can nest them, put the smaller ones inside the bigger ones. Forty dumpsters would be the most we would want at that site. If we expand beyond forty we would be looking for a different site in another town. That would be our solution, our plan. If you want to include something in there, it’s not really going to affect our plans. We are considering getting another twelve dumpsters in the Spring, That yard will easily accommodate that. JC – How many trucks do you have? MP – One, a F550. Vincent Pusateri II - I would like to make a motion to approve the review with amended conditions. I would like to add condition #6 – All bins are to be stored in fenced in area identified on Exhibit #1. I would like to strike condition #4 and replace it with “further review would occur on written notice to the petitioner or by the petitioner to write to the Board requesting a review. Amended Conditions 1. All maintenance and repair of the dumpsters to take place to the rear of the area 2. Fence to be maintained and in good repair 3. Fenced in area will be well lighted 4. Further review would occur on written notice to the petitioner or by the petitioner to write to the Board requesting a review. 5. Special Permit to expire/terminate upon sale/transfer of ownership/operation of the business from Mike Paradise 6. All bins are to be stored in fenced in area identified on Exhibit #1 Joseph Maramma – Second the motion. VOTE 4-0 Review Approved with amended conditions. 8:00PM ZBA-2014-08 Timothy Pomerleau 150 Benson Street Review of a Variance under §181.313.C.11 to conduct a vehicle recycling and salvage business in the Industrial District at 183/15/0 LM Chair – Did you get everything done that was requested? Mr. Pomerleau – I believe I did. I also have plans to distribute to everyone. I am looking to increase the number of vehicles being stored there currently. I am in the process of purchasing the property from Karen Stroparro. I also have a purchase and sales on Walter Desmond’s place Aaron Pallet. We are looking to move the whole parts sales to the property down below. I put a form of intent in with Mr. Lanciani and he approved the parts sales out of there, no dismantling or anything like that. Mr. Pomerleau then proceeds to continue and refers to areas of the Plan as to where different aspects of the business will be conducted. This would be strictly for vehicle storage and dismantling. Karen would keep her property business here for two years and after that she would exit the property. For the next two years there would be two businesses on that property. After that it would be Rydemore Truck Parts on 150 Benson Street. LM Chair – Then where would Karen go? Is she selling out completely? TP – No I don’t think she is selling out completely. I believe she just wants to relocate the business. She has multiple properties I’m not sure what her relocation plans are. Right now I’m just trying to tie this up and how to expand the business a little bit. (Mr. Pomerleau references the plan) I’ve laid everything out here, I hope everything is as we discussed it. You can see Fiore’s office, the, Rydemore’s office, the warehouses that ae currently use by Rydemore. This where we will do our vehicle dismantling, instead of it being outside as it is currently, it will be undercover. Fiore’s repair facility is there as you can see. These are the vehicle parking spaces. Currently we have ten up top, we are allowed thirty below. I have hired Whitman & Bingham to lay this out to make sure there is enough room to accommodate. What we are looking to get here is the distance. The Fire Department tells me I need 24 Ft. between the rows for trucks to enter and exit safely. We have a 40 Ft. roadway all the way across here and then it narrows to 24 Ft. and goes all the way around the whole entire property. So it’s accessible on all different angles. Currently Fitchburg Recycle has their scrap metal over here and I have ours here. We are going to reverse them because of the confusion on the property right now. The general public is coming in and they are really interfering with the two businesses the way that properties are laid out. By doing this it will be safer for the public coming to do business with them for the next two years or until they relocate. Their dumpsters are currently stored down below as you are probably familiar with. And in this corner, that will continue for the next two years. After two years, we will probably be back to see you again to see what we can change at that point. LM Chair – Do you have the old plans that we can compare them to? LO – Yes TP – Last time I was here you thought Karen was still in business with me. We split the Company and I purchased the other half of Rydemore out. Now I have to make a decision to move the business out of the City to another location, or do I expand and stay where we are at. Again, we can’t continue with the thirty vehicle parking because the business is growing so much. VP – How many spots are on this plan right now? TP – I believe there is about one hundred and twenty six. The Board takes a moment to review the old plans and compare them to the plan presented this evening. VP - What is hood and bulk storage? TP – It’s used parts. All that will go down to Aaron Pallet eventually. LM Chair – My thought is that Karen should be here as well because we’re moving her things and her plan is being effected. TP – That’s a good question. VP – And if we take any action we are approving her to be there for two years. We can only approve here to be there indefinitely. Is this application for a Variance or a Special Permit? LM Chair – This is for aVariance. VP – So this is a permanent solution to the problem. I guess we could take a letter, I hate to put her out and say that she has to come down here. LM Chair – But, we don’t know that she is agreeable to this. TP – Can we put some kind of condition that she has to come down and sign something? VP – My inclination is to approve the petition. TP – To purchase the property I would need some kind of preliminary approval before anything goes further. She knows that she can’t sell me the property until this is approved. She is ready and agreeable to this. VP – If we approve this whole thing pursuant to this plan and we haven’t talked about 130 cars yet like the plan indicates. And we’re going to put in there a condition that for two years two different business will be operating there simultaneously. TP – Correct VP – Then on Thanksgiving 2016 she will be gone. TP – Correct, that’s the only way I’m even buying this place is with these conditions as well. She can’t stay there any longer than two years. VP – Is there a mutual benefit to have each other there? TP – No, absolutely not. The only reason she is staying for two years is that she needs to relocate her other business and she doesn’t have a property ready. JM – You are buying her out and then she is going to rent from you, is that right? TP – Yes, part of our sale agreement is that she gets to stay there for two years to give her time to relocate her business. VP – Do you have a signed Purchase & Sale Agreement for 150 Benson? TP – No, not on 150 Benson. I didn’t want to go down that road yet, if I can’t get the increased parking it doesn’t make any sense to go any further. I have one for 88 Benson. VP – Let’s go to the parking issue. You’re on top of a hill and I believe there is no view of this property from any abutting property is there? If I’m on Benson St. I can’t see what’s happening on top of that hill. TP – The only thing that you can see is that we have containers on the edge of it to kind of use as a privacy blind. We sell containers and boxes off the back of it. If it came down to putting as fence there, we would be willing to do that. VP – Ok, we would like to screen this whole operation from public view. TP – That’s fine with me, it would be beneficial for us. Lm Chair – Does it have to have privacy slats? VP – That’s a whole other topic, let’s just get to the point of privacy then we can figure it out. TP – This whole area is a roadway that’s the ole railroad track that is between the Salvation Army and us. There’s nothing visible from that point. It’s already screened and fenced. The back side drops down about 60 to 70 feet and beyond that, you can’t see anything from over there. LM Chair - We are a seven member board when all members are in attendance. Tonight we have four members in attendance which constitutes a quorum. You will need what is known as a Super Majority for your case to pass which would be a unanimous vote tonight. I would like to offer you the opportunity to come back when a full board is in attendance or choose to continue tonight. TP – I would like to continue. If there are certain things that need to be addressed, I would like to get out in front of them and take care of them. As far as the graffiti on the fence, once I own the property I can address issues like that. I personally don’t like the property looking like that. Right now I am at the mercy of the landlord. VP – I’m in favor of the application, on top of that, it’s a pretty good business going on in the city. Are we going to have cars that are for sale lined up through there? TP - I don’t know how much I can expand the sales business there, my parts business is really going well, sales are going. I currently have 10 vehicles up here for sale. There may be more room in the future, I really don’t want to get into that at this point because I have so much on my plate right now with the parts business. It’ something like a Lender’s or an LKQ. We don’t let the public I, we pull the parts. We dismantle anywhere from 7 to 10 vehicles a day. We cycle out 120 vehicles so fast, I need a place to store them. VP – What are you going to do about things such a oil leaks, coolant leaks, transmission and the like? TP – All the vehicles are drained before we start dismantling them. Moving everything to the inside of the building we keep things much cleaner. We have a lot of workers out there in the rain and snow. If this comes together we can get them inside and have a better working environment. VP – Who are your customers? Are they local? TP – We sell to a lot of local companies such as, paving, oil, construction companies. Anything that has a truck, we try to business to supply them. We deal a lot with overseas, we export a lot of product. We also sell to remanufacturers that are within the country. LM Chair – What is the square footage of the area where the proposed 100 + cars will be? TP – I don’t know. VP – There’s a lot in this application, I am seeing these plans for the first time. I hesitate to act on such a large scale project in just 10 or fifteen minutes. I may want to take the plan. I may want to visit the site. We certainly want to get some insight from your prospective tenant as to what that obligation is going to be. I would like to continue this to our next meeting, that meeting is scheduled for December 9th. That will give you time to request that Ms. Stroparro attend the December 9th meeting or get a written statement from her and I can come and view the property and get a better understanding of what you are looking for. LM Chair – Could you show us on this plan what would be completely eliminated? TP – Now or two years from now? LM Chair – Now VP – Let’s mark this a new exhibit. LM Chair – No, I just want to mark this as our exhibit so we can show what is going to happen now and in two years. JC – When marking the plan we should color code it. TP – The hood and bulk storage will be removed immediately because this is going to Aaron Pallets place all this with used parts is going down the street to a warehouse. VP – Everything that will happen immediately will be highlighted in yellow. Everything in two years will be highlighted in pink. TP – What do I need from Karen? Should she be here or just something in writing? VP – We would like something in writing showing what her two year plan is. Exhibit 1 – Plan dated 2/6/14 with highlighted areas Exhibit 2 – Plan dated 10/23/14 – Proposed Site Layout Plan Vincent Pusateri – Motion to continue to December 9, 2014 James Concannon – Second the motion. Vote – 4-0 To Continue to December 9, 2014 4. Miscellaneous LM Chair – I would like to take a few minutes to discuss 1-3 Prospect Street. Boards members review documents that were prepared concerning a decision for 1-3 Prospect St. VP - It’s all set for Lois to make the final edits. LM Chair – I was going to edit it and then get it to her. I will take that and mark it up. Is there anything that you think that we were missing? VP – Everything that is in this document is consistent to what we had talked about. LM Chair – What about all the committee’s we talked about sending this out to? VP – You seem to have a better grasp on what department’s you wanted to send it to. LM Chair – Fire, Police, Engineering, Planning and Public Works. Is there anything else we should add? VP – No, I don’t think there is anything else. There was one thing that Mike McLaughlin had brought up. Mike would like the Building Department to inquire regarding the intent when someone makes an application for things like a second kitchen. He spent a lot of time during the course of the hearings asking about the intent of the second kitchen. What is the intended use? LM Chair – Do we want to say something to the Building Commissioner in here? VP – That a notice of intent should include a description of their intended use of the property. It seems to speak for itself. There is a statement in here that discusses the Commissioner provide us with a brief description of what additional resources would help him in both Zoning and Building enforcement. I think that through this decision what I want to say is that we recognize that he doesn’t have the types of resources he needs to chase down all the Building and Zoning violations all over the City. LM Chair – One thing that I can’t see that we did address is the driveway. The property at 18 Mechanic that goes into 1 Prospect and passes through 3 Prospect. Let’s say that people with vehicles belonging to 18 Mechanic decide to pull out and go through 1 and 3 Prospect and exit onto Prospect, which we have said is a concern. We haven’t really addressed that. JC – I got a call asking that question. And 18 Mechanic was part of the equation. LM Chair – We should make some finding about that, just to say that we did address it. VP – This is the section of 18 Mechanic St. LM Chair – We should say something to the effect that it should be restricted from allowing 18 Mechanic. VP – The driveway located at18 Mechanic Street as constructed appears to be in violation as it fails to have a 10 ft. side yard set-back. In addition, as constructed the driveway is unreasonably close to a fire hydrant and a telephone pole with utility services. LM Chair – We should also have a finding for 1-3 Prospect St. that we do not want them to allow vehicles from 18 Mechanic to cross their property to dump off onto Prospect St. JC – Are you interested in having a physical barrier in place? LM Chair – I think what they have don at 1-3 Prospect is changed the grade, brought it higher and made it more level. VP – We can add that the driveway violates that between 1 Prospect St. and 18 Mechanic St. there is not a 10 ft. set-back, in fact the driveway that was installed at 18 Mechanic St. which will be discussed below appears to be a continuous driveway with 1-3 Prospect Street’s driveway. LM Chair – I think we should add something to the effect that for safety reasons we do not want to recommend or allow that type of exiting. I told you I talked to the Engineering Department and I was told that they have a short list of a few things they have to review to meet in their criteria. I believe they need to review their process. VP – Everyone is saying that “well, we did it right, we have a process, and we followed that process”. If everyone did everything right and we wound up with this, we have a problem. Summary 1. We have determined the Commissioner is correct 2. The Building and Zoning Inspector will inspect the premises in connection with the parking 3. We will require the owner to file a notice of intent on parking 4. Zoning determination shall be made on same 5. Departments previously listed shall inspect 18 Mechanic St. 6. Departments should review their process to prevent similar conditions in the future 5. Adjournment VP – Motion to adjourn JM - Second