Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive Fitchburg, Massachusetts MINUTES February 10, 2015 ________________________________________________________________________________ ATTENDANCE: Lauren McNamara Chair, Joseph Byrne, Joseph Maramma, Michael McLaughlin ________________________________________________________________________________ 1. Call to Order LM Pledge of Allegiance: All 2. Communications: Attendance: LM, JM, MM, JB 3. Hearings 7:00PM ZBA-2012-31 Kyle & Wendy Higgins Lake George Auto Service & Sales 525 John Fitch Highway Review of the Special Permit under §181.313C11&12 granted January 8, 2013 to occupy a unit within the building for Automobile Repair Service & Sales located in the Central Business District at 47/20/0 - 525 JOHN FITCH HIGHWAY LM Chair – Is there anyone here representing Lake George Auto? The petitioner is not here, we will give it until 7:15 PM and see if he shows. MM – This is the second consecutive review the petitioner has not been in attendance. We have given proper notice each time to the petitioner and there has been no response. There seems to be no activity at this address and I would be in favor of revoking the Special Permit. JB – I agree with Mike, I would like to schedule the review for next month and send him a letter stating that the Special Permit may be revoked if he does not appear for a third time. JM – I can go along with that. MM – There has not been any activity there for many months. The fact the he has not shown for the first to review dates is an indication to me that he doesn’t take his permit seriously. Out of courtesy for the Board he could come in and let us know what his plans are. LM Chair - I would like to give him one more chance, if we revoke he permit he will have to go through the whole process again. Notice is to include language specifically stating that if the petitioner once again does not respond, the Special Permit may be in jeopardy of being revoked. MM – Motion to grant a third continuance for ZBA-2012-31 to March 10, 2015 @ 8:45 P.M. JB – Second VOTE – 4-0 to Continue to March 10, 2015 @ 8:45 P.M. 7:15PM ZBA-2014-27 James Rheault & Brian Milisci 260 Lincoln Street Overrule the decision of the Building Commissioner Overrule the decision of the Building Commissioner’s Zoning Decision for 260 Lincoln Street - 13/59/0 – 260 LINCOLN STREET LM-Chair – The petitioner has requested an extension of time, and has asked to be placed on the March 10, 2015 agenda @ 7:00PM. MM – Motion on ZBA 2014-27 to grant a continuance until March 10, 2015 @ 7:00PM JB - Second VOTE – 4-0 to Continue to March 10, 2015 @ 7:00 P.M. 7:30PM ZBA-2012-35 James L. Xarras 1033 Main Street Review of a Special Permit granted January 8, 2013 under §181.313 to occupy a space within the building for Auto Repair Services located within the Central Business District at 18/90/0 – 1033 MAIN STREET LM – I have previously recused myself concerning this petition. If I recuse myself this evening we will not have a quorum. The petitioner is not present at this time and I would like to push this off until later this evening. Vinny will most likely be here and we will have a quorum should the petitioner come in late. MM – I think that in light of the fact that we are not going to open and discuss the case you may be able to ask for a motion to continue it. Vincent Pusateri II arrived at 8:20PM and the Board will continue. MM – I make a motion to continue ZBA 2012-35 until next month. LM Chair – I have recused myself. Vincent Pusateri II - I would like to disclose that I have recently been recently involved in a law suit involving Mr. Xarras and it does not affect my partiality. JB – Also, notice be made to Mr. Xarras that if he does not attend the next meeting it may jeopardize the Special Permit. MM – Motion to continue ZBA 2012-35 to March 10, 20150@ 8:15PM. JB - Second VOTE – 5-0 to continue ZBA 2012-35 to March 10, 20150@ 8:15PM 7:45PM ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 Westminster Street Review of a Use Variance under §181.313 to close the dining room and convert a section of the building into a retail store located in the Industrial District at S54/1/C – 226 WESTMINSTER STREET LM Chair – Please come up and tell us how things are going. SV- We have moved the package store and liquor license there and have started to implement some of the grocery items. We have a small dining section. One of the concerns the Board had previously were the donation boxes they have been removed. LM Chair – I was not in attendance at the time the petition was approved. I don’t know exactly what the plans were. Does it seem to be going according to what your plan was? SV – Yes MM – From the exterior I wouldn’t know that you had done a conversion in there. SV – We didn’t make any changes on the outside. MM – How are you attracting new customers? SV – When people come in they are able to see what we have there. We wanted to do it very low key until we have everything in play. The way the economy is today we are trying to upgrade the business a little and hopefully generate a little more excitement in Fitchburg. LM Chair – What exactly are you doing? SV – We serve pizza, grinders and meals. We have a few tables were you can sit and have a meal, or you can take a pizza and a grinder home with a six pack of beer. We are slowly starting to add things like milk, bread, and eggs to the inventory. LM Chair – That’s catching on because they see these items are available when they pick up the pizzas and grinders. The business is growing by that method. Are things going well for you? SV – Yes, during the recent weather and the holidays things have been a little slow. LM Chair – Is everything all set up now, the way that you would like it? SV – Pretty close. We asked customers for suggestions and they suggested things such as bottled water, diapers, and some other bulk items I had not thought of and have decided to stock. MM- I think that was a pretty good idea to ask the customer what they would like you to carry. SV – We’re in the process of putting up a suggestion box, hopefully I will be able to the most requested items. LM- Chair – Is there anything that you would like to add to your petition that you didn’t get when you were here last time? Anything that you were hoping for? SV – To be honest with you, no. I don’t know if this would be the right venue, just something to help Route 2 into Fitchburg. Being a businessman in Fitchburg for thirty some odd years I’m finding it’s getting tougher. Leominster, anywhere you want to go you can get onto the highway. We’re having a lot of migration west and it would be nice to capture some of that into our area. Thirty years I’ve been here, this is my home. I lived here for many years, my family still does. My business is here and I’d like to keep it here. MM – Are you at the business daily? SV – Yes I am. MM – What are the hours of operation? SV – We are open 10 to 10 right now, we would like to expand that a little more. MM – Seven days a week? SV – Yes MM – So you cook 10 to 10? SV – Pretty much, I’m not there all of the time myself. LM Chair – The one thing that I noticed that was not in the conditions are the hours of operation. We usually have that listed with the conditions. Should we amend that? MM – We can add it. JB – At the time the petition was granted he didn’t know what hours he wanted. MM – I think it was kind of like he was going to be open for the hours he had at that time. We figured that it’s all one business. If you want to amend it we could. This type of business being a variety type store and a food establishment, he could be open 24 hours and I wouldn’t be against it. I remember discussing it at that time, we didn’t feel the need for restrictions. We left it open to him. LM Chair – Do you think we need another review? MM – That would be up to the Board. LM Chair – Take out the 1 year review and insert not to be operated as a nuisance? MM – Being a use variance, does the change in use go with the land? LM Chair – I believe it does, unless you put a sunset clause in. JB – I don’t believe you can put a sunset clause on a variance. MM – Not on a variance, but possibly a use variance. You do understand that if there is anything on the permit that you are not allowed to do or if you ever need to come talk to the Board, just call the Secretary and let her know you would like to be put on the agenda. I don’t see the original paperwork, what is it zoned? LO – Industrial us to Commercial use according to the petition. MM – It’s one of those odd spots that really shouldn’t be industrial anyway. LO – In the original decision condition #7 is - Implementing §181.9423 Planning Boards Conditions. But there is nothing in the folder from the Planning Board. LM Chair – You should call Mike O’Hara and ask him to send anything he has to you. LM Chair – It doesn’t say you can’t do a sunset clause. MM- Let’s keep the one year review. LM Chair – Ok LM Chair – What happens if he decides to sell this business? SV – No, because we don’t have a sunset clause. Usually we put a sunset clause in because we are granting you relief based on what you told us and what you’re doing while presenting your case. Regular Special Permits, we always put in a sunset clause because we don’t know who will come in next and we want to be ensured that they are going to be in keeping with what you’re doing. MM – I don’t know that I would really want to put a sunset clause in there. What use is there with respect to industrial use? LM Chair – Why not put in a sunset clause? It’s not saying we’re not going to grant it to someone else. It’s just that we want to have a say and it gets them to start the permit process. MM- If they were interested in purchasing the building or the property for the same use it would trigger them to come in to the Board before they made the purchase. They would want to know if they could do this. SV – Does it restrict my ability to sell? LM Chair – No LM Chair – I don’t see why the same business couldn’t exist there. We just want to make sure that who we would put there in that business is going to be as respectful as you have been. MM – If you would like to leave in the one year review I’m good with that. JB – I’d like to see him. SV – I’d like to keep it like that. It would be great. LM – Leave the one year review and add the sunset clause. Those Seeking Information: None Those Opposed: None Those in Favor: None LM Chair – Are we ready to vote? MM-Yes JB Yes JM – Yes Hearing is now closed. Revised conditions: 1. No drop boxes 2. No Banners 3. No paper signs, 4. No window signs 5. Professional signs only 6. One year review on January, 2016 7. Implementing §181.9423 Planning Boards Conditions 8. Sunset Clause MM – Motion ZBA 2014-01 –To approve the review with the change in conditions as stated. JB – Second VOTE – 4-0 - To approve the review with the change in conditions as stated. 8:00PM ZBA -2013-22 Cynthia, Jeremy and Eric Therrien 3 Bruce Street Review of a Special Permit under §181.3216 to operate a Transportation Business located in the Residential C District at 53/24/2 - 3 BRUCE STREET LM Chair – Are any of the petitioners here? (No Response) LM Chair – I was not in attendance for the last meeting for this petition and I did not do a review this time. I was going to recuse myself. Do we know if they have an existing business at this location? MM – The petitioners are not in attendance and I believe we should continue this until the next meeting March 10, 2015 @ 8:30PM MM – Motion on ZBA 2013-22 to grant a continuance until March 10, 2015 @ 8:30PM JB - Second VOTE – 4-0 to Continue to March 10, 2015 @ 8:30 P.M. 8:15PM ZBA -2013-23 Digital Federal Credit Union 350 John Fitch Highway Review of a Variance under §181.5362 to install an Electronic Message Sign located in the Central Business District at 60/4/0. LM Chair – Please come up and let us know how things are going. Jonathan Friend Representing DCU – I was not in attendance for the first hearing. When the Variance was granted there were conditions that were set forth. We have complied with all of the conditions and things are going well. LM Chair – I drive by several times a day and things look good. JF – The way that we have set it up is that we have three messages a week. Message one runs for three days, message two runs for two days and message three runs two days. They are all dark backgrounds and white lettering. Those Seeking Information: None Those Opposed: None Those in Favor: Mike Patenaude Poyant Signs Open to the Board: JB – I pass it all the time it looks great, the building looks great. I’m glad to hear that you are going to do some more landscaping. It is a nice addition to John Fitch Highway. JM – I’ve been past it, it looks great. MM – Totally in favor, looks great. LM Chair – I agree. Close and deliberate: JB- In favor JM – In favor MM – In favor of approval. LM Chair – Do you feel that we need another review or are we going to strike that condition. JB – Strike it. JM – I agree. MM – Would like to replace the 1 year review and change to not be operated as a nuisance. ALL – In agreement. Amended Conditions: 1. Standard Conditions for Electric signs. a. No flashing/blinking, animation or video of sign b. Size and location of sign per plan submitted c. Alpha/Numeric/Symbolic Picture display only d. Public Service announcements to be included in the text, such as, time, temp, and amber alerts. e. Signs to be maintained and in good condition and repair f. Sign to meet D.O.T. standards – not less than 3 second display change g. Not to be operated as a nuisance MM – Motion on ZBA 2013-23 to approve the review with amended conditions as stated by the Chair. JB - Second VOTE – 4-0 - To approve the review with amended conditions as stated by the Chair. Vincent Pusateri II Co-Chair arrived @ 8:20 8:30PM ZBA -2014-20 Crawford Street Lot 0 Sebastian Cazard Review of a Special permit under §181.313 D5 to store equipment and materials used to operate his business in the Industrial District at 114R/9/0 LM-Chair – The petitioner has requested an extension of time, and has asked to be placed on the April 14, 2015 agenda @ 7:00PM. MM – Motion on ZBA 2014-20 to grant a continuance until April 14, 2015 @ 7:00PM JB - Second VOTE – 5-0 to Continue to April 14, 2015 @ 7:00 P.M. 8:45PM ZBA -2014-04 4 Leighton Street Twin Cities Community Development Corporation Review of a Special Permit to operate a rooming house, and Variance to construct a gazebo that does not meet the front yard requirements in the Residential C District at 78/32/0. LM Chair – We didn’t hear from them, they were notified. We’re going to give them another chance. Let’s schedule them for March 10, 2015 @ 8:00PM. MM- – Motion on ZBA 2014-04 to grant a continuance until March 10, 2015 @ 8:00PM. Also, notice be made to the petitioner that if he does not attend the next meeting it may jeopardize the Special Permit. JB - Second Vote – 5-0 to continue ZBA 2014-04 to March 10, 2015 @ 8:00PM 4. MISCELLANEOUS Deliberations continued from October 14, 2014 meeting on ZBA 2014-19 – To overrule the decision of the Building Commissioner LM Chair - At this time I would like to discuss 1-3 Prospect St. MM – I have a list of recommendations that we would like the Building Commissioner to follow. I don’t have them with me right now, but I can give you the language. LM Chair – I would like to finish this case. VP – I would also like to finish this case. MM – I can give you a brief summary of what Vinny and I discussed. I was going to compile a list based on the findings by the Board that we would like the Building Commissioner to follow-up on. For example, the owner of 1 Prospect St. stated that it wasn’t being used as a two-family and that there were no locks on the interior doors. It was basically a list for the Building Commissioner to follow up on based on our findings. The second one was, there was no permit issued for the kitchen on 3 Prospect. LM Chair – I have already followed up on these things with the Building Commissioner. I went in and spoke with him and Lois provided me with those things. There is a permit now. MM – OK, I wasn’t aware of that. LM Chair – When Vinny and I had done the initial list, we put in what we did because they were things that I knew the answers to already. I don’t think we need to go back and re-invent some of those. 1 Prospect Street: Remove locking mechanism on the interior door in question, therefore preventing 1 Prospect St. being used as a two-family. The Building Inspector shall conduct a site visit to confirm this. Owner has stated that 1 Prospect St. is as it was at the time he purchased the property. It is believed that the previous owner installed a second floor kitchen without obtaining the proper permits and that the purpose was to operate 1 Prospect St. as a two-family dwelling. The Building Inspector is directed to inspect the second floor kitchen. JB – When you direct the Inspector to do the inspection are you also directing him to report back to the Board? VP – We can put that in the wherefore clause. 3 Prospect Street: Dwelling unit presently appears to be a single dwelling unit and is currently not separated into two individual dwelling units. It has two kitchens, the one on the second floor was put in by the current owner without permits. Subsequently, additional work was permitted by the building department including a sun deck adjacent to this second kitchen. Over the course of the hearings about this property the owner stated that she has applied to the building permit to inspect and inspect the second kitchen. The building department will supply the application and documentation of the inspection to the ZBA. Vincent Pusateri II - Motion on ZBA 2014-19 The Board finds that property is being put to use of a two-family dwelling which contains two single-family condominium units.  Michael McLaughlin – Seconded VOTE – 5-0 Vincent Pusateri II – Motion to include the various terms and conditions contained in the draft document as discussed tonight. The parking, set-backs, description of the individual units, excess electrical meters, excess unused cable lines and removal of the locking mechanism on the interior door of 1 Prospect Street. Michael McLaughlin - Seconded VOTE – 5-0 Election of Officers: Joseph Byrne nominated Lauren McNamara for Chair Lauren McNamara nominated James Concannon for Clerk Lauren McNamara nominated Vincent Pusateri II for Vice-Chair Nominations were accepted and voted 5-0 for: Chair - Lauren McNamara Vice Chair – Vincent Pusateri II Clerk – James Concannon 5. ADJOURMENT Michael McLaughlin – Motion to Adjourn Joseph Byrne – Motion Seconded VOTE: 5-0 Adjourned