Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive Fitchburg, Massachusetts MINUTES April 14, 2015 ________________________________________________________________________________ ATTENDANCE: Lauren McNamara -Chair, Joseph Byrne, Joseph Maramma, Michael McLaughlin, James Concannon - Clerk ________________________________________________________________________________ 1. Call to Order LM Pledge of Allegiance: All 2. Communications: Attendance: LM, JM, MM, JB, JC 3. Hearings 7:00PM ZBA-2014-20 Sebastian Cazard Crawford Street Lot 0 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 – CRAWFORD STREET LOT 0 LM – Chair – Please tell us how things are going. SC – Through the winter I haven’t really been doing very much. I cleaned up all of the graffiti on the fence and in the Spring I am going to replace the small trees and bushes that we spoke of at the last review. LM- Chair – Business is going well? SC – Yes, we’ve already started working. Those Seeking Information: None Those Opposed: None Those in Favor: None Open to Board LM – Chair – Does anyone have any questions? JM – No questions JB – No questions. There have been no problems. MM – No questions maybe put it on for a year review. JC – I’m good, I think I agree with Michael with a one year review. MM – Conservation Commission had an order of conditions? SC – Yes, planting the bushes and trees. MM – You went before them right? SC – Yes MM – We didn’t get a copy of their findings. I’m just frustrated at the lack of communication between the different Boards. Did you have to go before the Planning Board for a site plan? SC – Not yet. I’m holding off on the building right now. MM - Did it require a site plan review even without putting the building up? SC – I was thinking of putting a building up, but I am putting it off for now. MM – I would be in favor of a one year review, give him some time to get going. Close and deliberate JM – I would be in favor. JB – I would also be I favor. MM – I would be in favor with the existing conditions. JC – I am also in favor with the existing conditions. Amend #2 a six month review and add a one year review. Motion on ZBA-2014-20 – To approve the review with conditions as amended. #2 – change to a one year review which will be April 12, 2016. JB – Seconded Vote – 5-0 -To approve the review with the amended conditions. Vote is unanimous. 7:15PM ZBA-2014-13 Michael Robillard – Ken Bon Display Services Inc. 120 John Fitch Highway Review of a 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 MM – What business is this for? MR – Carstar, to my knowledge there has been no complaints. As far as I know it looks good. Those Seeking Information: None Those Opposed: None Those in Favor: None Open to Board LM – Chair – Does anyone have any questions? JB – No, Michael does fantastic work. MM – I took this video 15 minutes ago. It’s lit up like a Christmas tree on steroids. MR – You think it’s too much? MM – Absolutely, I don’t question your work because you do a nice job producing and installing the product. As I have mentioned before at past meetings that what I am really afraid of is that Fitchburg is going to become Las Vegas like in appearance. I realize it’s the technology, but I am having a really tough time with what these things are doing. At night I go by some of these signs that are near residential homes. Dairy Queen is an example, the house that is next door and dealing with the effects of the sign must be tough. I’ve been watching the sign at 120 John Fitch Highway and believe that it has exceeded well beyond the conditions. I also see a lot of the other signs that we have permitted and they are out of conformity. JM – If you have five scenes on the sign, can you regulate the time for each one? MR – Yes MM – There was a lot of things that were not related to the business, I look at a sign and think “what’s it purpose”? Why we are allowing it? We are allowing it for you to recognize that the business is there. This was by far the most aggressive use of the sign that I have seen in the city, it was almost like watching a movie. LM – Chair – Mike, do you set this up for them? MR – No, they actually do it themselves. LM- Chair – Mike, how would you propose handling this? MR – I can speak with them and relay that they need to conform better to the conditions set at the time we were granted the Use Variance. We’re talking about trying to start some animation; I know that over on Electric Ave. they have the leaf going by, the flag waving, background animation. JB – How is the contract written for you? Do you have to come here before us, or can you get them to come? They program the sign. MM – I believe we had a discussion on this subject previously. You submitted the application for the permit and it should have been Carstar because we are giving a Use Variance to the land. Mike’s client should be here to answer the questions that we have about the display. LM – Chair – We should do a continuance and request that the client attend with Mike to answer any concerns that the Board may have. LM-Chair – In the future when you are making an application I would suggest that your client attend the ZBA meeting so they understand what they are responsible to do once they have ownership. Lois will need the contact information for the owner in order to send a notice for the continuance. MM - Motion on ZBA-2014-13 to continue to May 12, 2015 @ 8:15 JB – Seconded Vote – 5-0 Continue to May 12, 2015 @ 8:15 7:30PM ZBA-2013-05 Mark Cordio 672 Water Street Review of a Special Permit under §181.313C11&13 to occupy a portion of the portion of the property for Automobile Sales and Washing located in the Central Business District at 109/35/A LM – Chair – Please tell us where you’re at and how things are going. MC – I think I am right where you wanted me to be. I have plans a designation for everything. I have two versions, one I don’t think you’re going to like because I didn’t like it. The plans are not exact as to how I have things set up. MM- You have done a nice job so far, but I was there earlier today and I do have some concerns. There are 35 vehicles on the property right now without plates. I don’t see how you can move some of them without moving others, and my concern is the fact that you need to be able to safely move these vehicles and be able to plow and have proper entrances and exits. Originally we gave a plan approval for 26 vehicles. You now have upwards of 40 vehicles on the property. I don’t see it as a good fit. I’m ok with anything I just want to be able to see the actual ways that you can pull that car out, turn it and drive it out. LM – Chair – How many spaces does that give you now according to this plan? MC – It cuts me down 4 or 5 spaces. The other plan shows 39 spaces. JC – I have no questions. JM – I went by and everything is cleaned up and looks ok. Is this the property line between you and Mike? MC – Yes JM – How many feet is it in the rear from the container to the property line? MC – I’m not sure. JB – No questions right now. LM – Chair – What about illumination? MC – There is a light pole on the plan and it has two lights on it. One faces the office and one faces the parking lot. MM – Our original conditions were for the dumpster to be kept in the back. MC – I can do that if that’s what you really want, I would have to put a car in front of it and have to move is out when they come to empty the dumpster. LM – Chair – Where do your employees park? Do you have employees? MC – Not really, it’s just my wife and I. Our cars have dealer plates. We just park in one of those spots; the cars are for sale anyway. LM – Chair – Now how many spaces are we at with this new plan? MM – Thirty four. LM - Chair – So, it’s basically eight over what we had talked about, that includes a couple cars for his parking. How does everyone feel about that? MM – Like I said you’ve been doing a really nice job, you’ve kept the place quite well. We try to think beyond what’s in front of us. This is a really concentrated plan and I think something closer to the 26 gives you room to maneuver, places for customers to visit, and space for employees and visitors. I look at 33 and 34 and don’t believe they are really parking spaces. MC – As I said earlier, this is not really an accurate plan. MM – If he looked at what the parking definitions and regulations are in the by-laws for how a parking lot could be laid out. This is too many. He came up with a plan, but he needs to reference the by-laws. MM – What would be a realistic number for you? Can you live with the 26? MC – I would like you to let me have 26 in the front and as many as I want everywhere else as long as they are not scattered everywhere. That’s what Mike had. When they were there it wasn’t a mess and I’m not causing a mess. What’s the difference of what my number is? LM – Chair – We have to have a number. MC – You didn’t have a number when Mike was there. MM – Mike who? MC – Luxury Motors, they didn’t have a number, he had twenty in the front and unlimited in the back. LM – Chair – How long ago was that? MC – He was there up until four years ago. I can’t tell you when he got the permit. MM – I believe it was before us. MC – I don’t have a problem with having a number, I would like to have forty. Realistically a car dealer figures he will sell half of what’s on the lot each month. LM – Chair – I think we need to come up with a number that we can agree on. When we come up with a number we need Mark to take these plans back to have them revised and represent what is actual. MM – At the first meeting when you made the application if the plans were there we wouldn’t be here tonight. MC – Whatever the number you give me, I’ll make it work. I’ll have to deal with it. When this Board approved this permit the conditions stated 26 cars “for sale” with other spaces for employees and customers. I could have had ten in the back that weren’t ready for sale. JB – I think we should have Mark go back to the person that made the plans and have him make an accurate layout showing spaces for 30 vehicles. MM – Let me just say that I want to see safe and adequate travel through this lot so it’s not stacked parking. The next meeting we can discuss total number of vehicles. Today when I was there I felt that 35 was beyond capacity. Based on the city criteria you are beyond capacity. JB - He has to reference the by- laws. LM – Chair - Let’s say a total number of thirty vehicles on the lot and have you submit a new plan working with those parameters. JC – Based on his plans I think we can go to thirty two vehicles. If vehicles 33 and 34 were eliminated, somebody would have to check and make sure you have the turning radius. I suspect with the elimination of spots 33 and 34 that you would meet the by-laws. JM – My thinking was also 32 vehicles. JB – I’m fine with that. JC – The parking lot is going to get lined according to plans that will be approved. Your man has to go through the by-laws and met the criteria. LM – Chair – We will continue to May 12th @ 8:30PM. JC – What we are looking for is 1./ Eliminate spots #33 and #34 2./ Make sure all remaining spots meet by-law requirements 3./32 maximum spots for vehicles 4./ Show lighting per plan. JB - Motion to continue ZBA 2013-15 to May 12, 2015 @ 8:30PM to allow the applicant to provide new plans showing an acceptable layout of the 32 vehicles and is in accordance with the city by-laws. MM - Seconded Vote – 5-0 Continue to May 12, 2015 @ 8:30 7:45PM ZBA-2014-09 Raul Lopez 0 Dwight Street Review of a Special Permit §181.313. C.11&12 to operate an automobile repair service and towing. In the Central Business District at 111/33/0 LM – Chair – I didn’t have a chance to go by there, did anybody else have a chance to go there. JM – I stopped and talked to Raul and Joe. There were a few problems, so Raul hasn’t really had a chance to get started. I told him that if he didn’t hear from me that he should come tonight. LM – Chair - Lois did Mr. Lopez contact you? LO – No LM – Chair – How long do you think we should continue it to? JM – I talked to Joe there was something the bank had to square away. LM – Chair – Let’s put it off for four months. JM – I can talk to Joe again. LM – Chair – He should at least be coming here to keep us informed as to what is going on. MM – How about two months? LM – Chair – He doesn’t even have possession of the property from the bank yet. He hasn’t had a chance to do anything. Lois, please send him a note that if he can’t make it to please contact us. Let’s make it five months that should be enough time for him to get things going. That would be September 8, 2015 @ 7:30PM. JC - Motion to continue ZBA 2014-09 to September 8, 2015 @ 7:30PM MM – Seconded Vote – 5-0 To continue ZBA 2014-09 to September 8, 2015 @ 7:30PM 8:00PM ZBA-2014-07 Karen Stroparro 150 Benson Street Review of a 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 LM – Chair – Please tell us how things are going. KS – The last time I was here I was told to remove my ugly sign; I did that the next morning. We did have a professional banner made at Wass-Arthur. I also had the graffiti removed from the fencing. JB – Did your insurance help you cover the cost of removal? KS – No, I didn’t call the insurance. I did find a remedy that worked very well. After I was here six months ago, I removed it with a baking soda solution that wasn’t that easy. The next day they vandalized it again. I waited until the winter was over and I went to Home Depot and found a spray paint that matched the fencing and spray painted over the graffiti. At the last meeting somebody mentioned surveillance cameras. I have some on the property, the system we have doesn’t work in the dark. LM – Chair – What else is on your punch list? KS – Unitil said we can have extra voltage and that we can add extra lights on the poles. JM – It’s pretty cheap running them through Unitil. I think that they have 50’s and 100’s. Unitil recommended that if I were to add more lighting it would just give them more light to graffiti. LM – Chair – Did you update your plan? KS – For 150 Benson? LM – Chair – Yes KS – No, we haven’t changed anything. The Board also asked about a site plan review. Mr. O’Hara said it wasn’t necessary. He said he would send you a letter. MM- Our idea was some beautification of the area. We’ll have to look at that at some point. Before we close maybe we should address #5 beautification of the area. We deferred it to the Planning Board, they haven’t done their part. We anticipated that we would see some of it. Should we give her a little more time? Do we address it tonight? LM – Chair – We should address it, that’s why she is here. MM – I’m just a little concerned that we have an overabundance of construction/recycling/dismantling all through this area. It’s a very unsightly area of Fitchburg. LM Chair – Is there anything you can do to make it more beautified? MM – You drive down Crawford Street/Airport Road it’s just unsightly. It is one of the Gateway’s to Fitchburg. JB – What do we say to her? She has done everything we have asked of her. The fencing looks great, the new banner looks great, and the graffiti is gone. KS – When Spring comes it looks better, the leaves on the trees are green and when they are I bloom it looks better. MM – I look at it and the whole frontage of your business and I think that we give you special permits and variances and feel there should be some give and take. KS – If all goes well with the other property Tim wants to buy this property. He wants to put paving in the front and things. Myself, I don’t want to put a lot of money into a property that I am selling. MM – At some point we need to address some of the conditions and concerns that are in place. JM – If you cut back everything along the roadside, put down some blocking material and then put stone down you’re pretty much all set. KS- If I put down mulch the rain just washes it down. JM – That’s why you should use stone, it won’t was down. It’s clean and it’s neat. KS – It’s been a hard winter, we’ve just had 2 days of sunshine. Now we can start cleaning up. LM – Chair – Is there anything you want to amend? Or just keep it as is for now? How about a one year review? MM – I would like a six month review. LM – Chair – Is everybody agreeable to a six month review? She has taken care of all the amended conditions so we can go back to the original conditions and add six month review on October 13, 2015 @ 7:30PM. MM - Motion on ZBA 2014-07 to approve the review and strike the additional conditions as they were met. Change original condition #2 to October 13, 2015 @ 7:30PM JB – Seconded Vote – 5-0 to approve the review - ZBA 2014-07 8:15PM ZBA-2015-03 Gary Therrien 14 Putnam Street – Putnam Street Lanes Variance under section §181.5363 to install a wall mount electronic message center on the Boulder Drive side of 14 Putnam Street, flush mount approximately 25 ft. from grade in the Central Business District at 43/7/0 14 PUTNAM STREET which are prohibited in all zoning districts per §181.5363. LM – Chair – Please tell us about your petition. GT – I am constantly faced with people telling me they don’t know where I am located. The sign I have now is on Putnam Street and I kind of small, you really can’t see it from Boulder Drive. I went to a bowling convention and there was a vendor for these electronic signs. I thought it would be a good idea to put one on the Boulder Drive side of the building. It could be seen from both Boulder Drive and coming down the hill. I believe it will help my business. I’m losing a lot of business to my competitor; you can go there and not pay to park. People have to pay to park when they come to Putnam Lanes. LM – Chair – Please tell us about the actual sign itself. GT – The sign is 8 feet wide and 3 feet high, I just want to place it on the wall. I have a photo; it has a metal frame that will be bolted to the brick. JM – Will it lay flat? Will it be illuminated? GT – Yes LM – Chair – Are you looking at scrolling that type of thing? GT – I’m not really looking at scrolling, just pictures and getting my messages out. Like in the daytime if I have a lot of open spaces I can put up specials. Things like that. Especially in the summertime, we really get hurt bad. I thought it would help my situation, and help improve my business. LM – Chair – Any other information? GT – As you can see, my other sign is faded and out of touch with everything. I’d like to get the front of the building painted, I don’t own the building and my landlord is struggling also. JM – I know the landlord any he really is struggling. GT – He started to do some work, but he stopped just before my door. He lost three tenants on the first floor. LM – Chair – Are you planning on painting the building? GT – No, I can’t afford to have it done either. Once people walk in they see how nice it is. It’s just not appealing from the outside. The problem is letting people know that I am there, and that I am open for business. JM – You and your dad have been there a long time. GT – We’re the oldest candlepin business in the United States. Not many people know that. LM – Chair – Let’s hear more about the sign. Does anyone have any questions? JM – My thought is that he definitely needs it. I’m all for it. He’ll be able to advertise and hopefully it will help the business do better. The place has been there forever, we don’t want to lose a place like that. JB – I agree with Joe. My only concern is whether the building can hold the new sign. GT – It will be bolted into the brick. MM- I’ve been struggling with these signs, it will be in the valley and visible from a distance. I’m just going back to the whole Las Vegas look these signs give us. I wouldn’t mind if you put a 25 foot by 10 foot sign on that wall. You’ve enlightened me to what a great historic destination you have. I look at a mural about the business and I’m a bigger fan that one of these signs. Is there free parking across the street or at Fitchburg Tire? GT – No, there isn’t any free parking. The city parking is free at night, not during the day. Most of these people are either elderly or work for the city. JM – The city should step up and so something. It is what it is. GT – Right now we have an agreement that they can park there for two hours for a dollar. JC – Is the reason for the height of the sign so it can be seen from more directions? GT – Yes, I figure somebody coming in from Leominster can see it. JC – I assume that if this is approved the current sign will be taken down, is that correct? GT – Yes, that is correct. Another thought was that I could advertise different event run by the city, Fourth of July Parade, Civic Days, and the Longsjo Bike Race. MM – I was thinking of barn lights like they have at Slattery’s. Some of the businesses in Fitchburg have them. I think that something like that is more aesthetically pleasing. Again, I’m willing to look at a larger sign that is allowed by right that is lit so you can see it. We’ve allowed a few of these signs and again I don’t think it’s a good direction for the city. GT – This type of sign will allow me to change my messages. For instance, in the next couple of weeks I am running the oldest bowling tournament which is the Sentinel & Enterprise bowling tournament since 1944. They ran into financial problems and couldn’t afford the trophies. I would like to be able in a case like that to post the winners on the sign. I really need something that will allow me to change the messages. JM – Mike, I know where you’re coming from but I don’t think that this is the place to start. MM – What do we do when the next fifteen businesses on Main Street want to put up this type of sign? JM – I’m all for this sign. I understand where you’re coming from. I believe that at some point we need to address these signs and just don’t believe this is time. LM – Chair – Mike, what we maybe could talk about in the future is to limit the number of signs in the Main Street area. MM – That’s a Planning Board issue. Just remember presently they are not allowed. We’ve allowed a few because we are trying to get a feel for them. A majority of the signs we have allowed if not all of them have not conformed to what we are looking for. The question is, when you are at the top of South Street you're going to have this. I’m not being negative towards you; I want you to be successful. Again, it’s the technology; I’m just saying we have to prepare ourselves for what we are doing. JM – I think that we have to make a decision to do them or not do them. We approve them or we don’t approve them. We’ve already approved so many we’ve either got to stop it and say “that’s it” no more or continue on. LM –Chair – We need to work on our by-laws. MM – We know that this is becoming a challenge to a lot of communities. LM – Chair – Would there be times that you would shut this sign off? Is it going to go off when you close at night? GT - If that’s what you ask, that’s what I’ll do. LM – Chair – I think at night over the bridge it might be bother people. GT – It automatically dims at after sunset. LM – Chair – I think it should be turned off at night. JC – What did we do at the schools? LM – Chair- We had them turn it off at night. For the hours of the sign, would you be willing to turn the sign off when you leave? GT – If that’s what you ask I will do that. LM – Chair – We do have time limits on a lot of the signs. JC – What are your operating hours? GT – I am there at about 7:45AM until about 11:00PM or 12:00 PM. I’m open 7 days a week. LM – Chair – One thing you might want to do is to ask your landlord to check with the Planning Department. I think they have community block monies and they might be able to do a restoration of the façade of the building. GT – Where do go for that. LM –Chair – I would call Mike O’Hara in the Planning Department. MM – Have you ever considered putting a sign on the Main Street side? GT – No, I haven’t. I chose that wall because there was a clock there in the past and the electrical is already there. Those Seeking Information: None Those Opposed: None Those in Favor: None Close and deliberate JM – I am in favor of the petition. LM – Chair – Any conditions? JM – No, I’m okay with the things we discussed. The sign off at closing and the normal conditions the Board usually has. JB – This tears at me because sooner or later we’re going to have to stop this. There’s other ways in an old New England city to signage your business. Right now because there are so many that are going we might as well let this one go. But, we’ve got to stop it sooner or later. And when we do we’re going to be hit with a discrimination suit. MM – Each case is treated on an individual basis. JB – The point is I think this is fine. We should sit down and set some guidelines. MM – I would be willing to look at any possible alternatives with multiple signs on the building, an extremely large sign that you could see coming over the bridge. I think a nice in character sign with some history on it. I look at the building and I believe people don’t know you’re there. You have this big canvas that is kind of disheveled and this faded sign. I think a fresh sign with proper lighting. I think this is the direction the city should be going in. Again, I can’t stress it enough that it is not personal; we want you to do well and prosper. I’m willing to do anything as a Board member to help him succeed with signage that he needs. I just don’t think this is the way to go. We didn’t even really talk to the petitioner about the usual conditions that apply. We put these conditions on almost every sign and almost none of the petitioners are in compliance. How are we going to manage this? We’re not managing it now. JB – I’ll say it again. We have no enforcement. We sit here and make judgements but there is no enforcement for anything. I’m not in favor of the petition as presented. I am in favor of many other alternatives. JC – I would be in favor of this. I think for the reason the applicant stated the ability to keep the message fresh and new to excite people to come in and do some bowling. Obviously, not being the land owner puts him in a tough spot and he can only do what he can do. I would be interested in the sign being shut off at closing. I think we should take a review to see how it’s going once the sign is in. MM – Another thing we need to look at is that this is a variance which goes with the land. We have petitioner before us that doesn’t own the building. There’s no control. I think we need to seek an opinion of either the City Solicitor or Assistant City Solicitor about the possibility of a special permit rather than a variance. We had a predicament last month with a special permit where the owner of the property had a special permit on the property. The tenant on the property has a business but has no special permit to run the business. LM – Chair – That was going to be my concern, you don’t own the property. I would rather be issuing you a special permit so that it doesn’t stay with the building. If you decide to sell your business the special permit does not transfer to the new owner automatically. I am going to get an opinion from the City Solicitor to see how we can work around this. I’m in favor of giving you the sign but I am concerned about it just going to anybody down the road as it goes with the building. I’m going to ask for a continuance if everyone else is in favor of doing that. Hopefully we can get an answer within a month. GT – I’ve been working on this over a year. I already have the sign. LM – Chair – Right now I believe you have four members that would be willing to move forward. I would like to continue to May 12, 2015 @ 8:45PM. MM – I strongly recommend you talk with Mayor about the parking situation, I know in the past accommodations were made for the Johnsonia for parking. I would really reach out. JC - Motion to continue ZBA 2015-03 to May 12, 2015 @ 8:45PM JB – Seconded Vote – 5-0 to continue ZBA 2015-03 to May 12, 2015 @ 8:45PM 8:30PM ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Drive 41 Blueberry Lane Special permit §181.313.D.6 to conduct a vehicle recycling and salvage business in the Industrial District at 114R/8/0 41 BLUEBERRY LANE and 114R/10/2B 15 COBBLER DRIVE Alton Stone with Alton Engineering, Sterling MA. I am here providing assistance to Mr. Karras and AKS regarding a special permit to conduct a vehicle recycling and salvage business. The last hearing I provided a plan. Just to recap, AKS has a solid waste transfer station located at 63 Blueberry Drive, 41 Blueberry Drive and 15 Cobbler Drive. They have three parcels that they currently utilize for solid waste transfer station and also have ten plus acres they lease from the City of Fitchburg. This is a very detailed property survey showing the property boundaries and such. We went in front of the Planning Board and they asked that I produce a plan that shows the property more at large as to the current operations on the property, where we would be paving and placing the vehicles. Also our existing vehicle circulation for the different businesses that are ongoing. This plan (Exhibit A) is essentially the same as the other plan; you can see it has expanded to show more of the property. We are planning to place the used vehicles out on the 41 Blueberry Lane property; we have room for 115 in one area and maybe another 42 in another area that is all on this one parcel owned by AKS. This would be located outside of the 200 ft. riverfront protection area. This area is already cleared and gravel if you will processed material, surfaced its level any being used for a variety of purposes right now containers, storage and other activities. Recycle material storage, we would have a fifteen ft. wide fire lane that would go up around the vehicles. We have also depicted where the new paving would be done. The new scales are in place and the final work is being done, water, electrical and sewer. They should be operational in two weeks to a month. The area here will be all paved and a fence and gate at the front. The various arrows here are intended to show the vehicles circulating on the property and in particular how the used vehicles are going to get to an existing building where the dismantling would occur. We currently have a drop-off area for residential recycling. They come in here and go through a checkpoint before they drop materials off. There’s a series of roll-off containers here. This area is for employee parking and visitors to the office. The office space will eventually be moved over by the new scale house. That’s pretty much what the Planning Board has asked of us. As I recall this Board wanted us to go to the Planning Board and get their input first before we came back to you for further discussion on this potential operation. So here we are. Those Seeking Information: None Those Opposed: None Those in Favor: Karen Stroparro Open to Board MM – How many vehicles total on site at one time? AS – We have an acre and a half in here that could be utilized, I spaced out 157 vehicles. It might not be that many at a given time, they come and go. MM - Street side, your property is basically these buildings that are right in the front. AS – All of our activities would be conducted on property that is owned by AKS directly. MM- How long is your lease with the City for the leased land? MK – I’m right in the middle of a 10 year lease and I am working with Steve Curry to get an extension beyond that. I’m hoping to get two more ten year leases. The last lease we had was two consecutive ten year leases. MM – So vehicles come in, you weigh them, you pay them and then they leave. What happens next? MK – They go here for storage and then they go inside this building, I have a large overhead door and just inside that door I’m going to have a lift. Then I will dismantle and take the parts that are valuable and the rest is going to scrap iron for recycle. MM – What about fluids such as oil? MK – I will have a “gas monkey’ to siphon the gas out. I can’t send them to the scrap yard with any fluids in them as they would be rejected. I collect the waste oil I have a waste oil heater in this building so I’ll be burning most of that. What I can’t burn due to water contamination will go to CYN Environmental or a similar company. MM – And the river is? This is Baker Brook; the Nashua River is further away. MM – Can you just point out on the plan where they are? AS – I can show you on our air photo. This is Baker Brook here and we are outside of 200 ft. here. The Nashua River is over in here. Going down Airport Road you go across Baker Brook and if you go down you cross the Nashua River somewhere in here. MM – Thank you JC – No questions at this time. JM – How much of the recycle is residential vs. commercial? MK – It varies, Saturday is our business day. It’s mostly commercial. LM – Chair – Do you need to the lighting or anything of that nature? Hours of operation, are they staying the same? MK – They will stay the same. LM – Chair – Fencing? Beautification? MK – We are putting in some new asphalt as we have shown. We already have greenery along the fence and maintain it year round. We keep the lawn cut and the bushes trimmed. Last year we did put a new planting area in front of this building. We try to make it look as nice as possible. The whole area is pretty much fenced in. LM – Chair – How about security? MK – We have cameras, the buildings are all alarmed. MM – You said that you take parts off that are good. Then what happens? Are you going to be a reseller? MK – No, I’m not going to be a reseller. I sell to different retailers in the area, some are in Rhode Island. No reselling to the public. MM – he hulls, what happens when you get down to where everything good is off? MK – Once it is stripped down I crush the roofs and put them into the scrap metal pile and t will go out with the rest of the scrap metal. Close and deliberate LM – Chair – Michael, any conditions? MM – Struggling with the whole thing. I am struggling with Fitchburg becoming the North Central Recycle Center. We’re becoming the community for the whole thing, the dump, the trash, scrap metal; it’s just growing and getting bigger and bigger. JM – At least it’s contained to the one area. MM – I’m looking at the criteria for the special permit. What’s the benefit to the City the special permit asks? LM – Chair – Do you want to go through that right now? MM – If you would like, we have to address them anyway. The basic criteria are, does the benefit to the City and the neighborhood outweigh the adverse effects of the proposed use? Then the six bullet points are. 181.9321 Social, economic, and community needs by which are served by the proposal. 181.9322 Traffic flow and safety, including parking and loading. 181.9323 Adequacy of utilities and other public services. 181.9324 Neighborhood character and social structures. Impacts on the natural environment, including drainage. 181.9326 Potential fiscal impact including impact on the City services, tax base, and employment. We’re going to have to speak to that, page 96. LM – Chair – I’m going to open the meeting back up and ask Mr. Stone to speak to those issues. Meeting is reopened to the public AS – First of all I think a number of them are not applicable to this situation. MM – This is the guideline and some of them fit, some do not. AS – You expressed a concern about Fitchburg and trash and recycling. Well this is history; Fitchburg has always been an industrial City. I remember coming here in the fifties with my grandmother. Maybe it’s not the most glamorous activity, but being a center for recycling and handling trash in an organized fashion I think is a great service to the community and the State. It’s neatly done here and it will continue to be that way. You think of it as trash but every load is tax money to the City of Fitchburg. It is an industrial area; take a look at the businesses that are in that area. JB – He said that he was going to burn oil? JM – Just a waste oil heater, for heat and to “recycle” the waste oil in that way. LM – Chair – Do you feel he addressed what was applicable to the situation? AS – I believe we covered everything that was relevant. LM – Chair – Regarding the lease with the City. Is there anything in place that pertains to the condition of the property? MK – I have to maintain the cap, it’s an old cap. LM – Chair - You could have a 21E Sit Assessment there in the end. And it’s contaminated property. MK – It was a landfill before, it was probably already contaminated before I even took possession of it. LM – Chair – That’s what I’m wondering, did you have one in the beginning? MK – The original lease goes back to two previous owners before me. I don’t really have any information on that. When I bought the property I had my properties done. It was clean and I had no problems. My responsibility for the landfill is to maintain the cap. MM – When was it capped? MK – I believe it was capped in 1967. Close for deliberations JC – I would be in favor of the petition. I know there are some concerns about the area as a whole but in my 27 plus years living in this community I’ve noticed an improvement on that street. I see some positives. JM – I have to agree, the area over the years was never really used for anything. This type of business is contained to one area and I’m okay with that. They get rid of the stuff off the streets and they are doing a good thing. I’m all for it. JB – They do a nice job, everything is confined. It’s fine with me. MM – I look at it this way. Special permit is to the applicant, I would like to see a sunset clause put in obviously. The petitioner did speak to the special permit criteria which is how I base my decision. I think that the criteria were met. I’m in favor of giving him the opportunity and maybe a one year review. LM – Chair – I am also in favor of the petition with the conditions of a sunset clause and a one year review which will be on April 12, 2016. MM – It was before the Planning Board and they approved the plan? MK – No, we’re going back next week. They wanted us to come back here first. They have not approved the plan. AS – You asked us to go to the Planning Board to get their input before you made a determination. What you see on this plan is showing what they requested. I believe we have addressed all their concerns on this new plan we submitted tonight. MK – What is a sunset clause? LM –Chair – It means that the permit ends with you and AKS. That means that someone can’t just go in and set up shop without coming before the ZBA. JC - Motion to approve ZBA 2015-01 – For a Special permit under §181.313.D.6 to conduct a vehicle recycling and salvage business in the Industrial District at 41 BLUEBERRY LANE and 15 COBBLER DRIVE with the above mention conditions. JB - Seconded Vote – 5-0 To approve ZBA 2015-01 – For a Special permit under §181.313.D.6 to conduct a vehicle recycling and salvage business in the Industrial District at 41 BLUEBERRY LANE and 15 COBBLER DRIVE with the above mention conditions. 8:45PM ZBA-2015-02 Karen Stroparro 158 Airport Road Use variance §181.313.E.2 to conduct a scrap yard business for salvage and recycling of scrap metal in the Industrial District at 142/1/0 158 AIRPORT ROAD LM – Chair – Before you begin I was not here last month, but it is my understanding that you were asked to go to planning and now your back here. AS – After having our meeting here last month we then went before the Planning and they had a number of comments, a number of things they would like to see. I believe we’ve taken care of everything on this revised plan. LM – Chair – The planning Board has not seen this plan yet? AS – No, we go back there next week. They said that this Board had to approve it before they could. JB – How can we approve it if we don’t know what they want? AS – This revised plan has what they want. JB – How do we know that they are going to approve it? AS – They might still want some minor changes, a slightly higher fence; move some lighting or some questions on signage. We have addressed the major uses and I don’t think they are going to have any changes on the overall layout because we have addressed all of those changes on this revised plan being presented tonight.(Exhibit A) I believe Mr. O’Hara has given this board a copy of what they wanted to see happen. LM – Chair – I think we can move on, and if there are any other changes, you may have to come back again. For the record, please state your name. My name is Alton Stone, I am here representing Airport Road Realty Trust LLC, Karen Stroparro and Alberto Fiore regarding a request for a Variance to conduct a scrap yard business for salvage and recycling of scrap metal in the Industrial District at 158 Airport Road. As I’ve mentioned before Fiore Recycling and Scrap Metal Disposal currently operates out of 150 Benson Street. They have an existing business which is the dumpster rental and container business which was approved by right by the Building Commissioner. On Benson Street they also have a scrap metal recycling business which operates under Special Permit I believe. They want to move both of these businesses to 158 Airport Road. Mr. Lanciani said it would need a Variance of use here for the scrap metal. Technically that is why we are here, for the scrap metal. The Planning Board was concerned with the whole roll-off dumpster business and with some of the neighbors we met with, especially the strip mall. We met with personnel from there and the Legends restaurant as they also had concerns. The first issue was the proposed new roadway. It’s 12 ft. wide but there is a 19 ft. wide path that if necessary emergency vehicles could use. We would use reclaimed asphalt to surface this. They also had a question of the visibility of the trucks. The road is only to be used for the Fiore Trucking vehicles. The trucks will leave between 5 and 7 a.m. maximum 14 trucks daily in the early morning hours. We have agreed to put up a 4 ft. high earthen berm with a 6 ft high fence on top of it along the edge of the property. That will make a 10 ft. high screen for the trucks going by. We will also put additional plantings here. There is already a row of trees and we are going to augment that with additional trees. There will also be a locking gate used by only the Fiore Trucking vehicles. Fire and police will of course be given keys for access. The other plan is to stage dumpsters here so that when the trucks go out in the morning they grab their new dumpster and head out. Questions that were brought up by the Planning Board are the purpose of the dumpsters which obviously is roll out the solid waste and what happens to it. None of it comes back to the property. All the roll outs and the dumpsters go to AKS and that’s where all of the waste is dumped. Then they are scrapped and washed before they are returned clean to us. Once in our yard they are treated with a granular material which is called “dumpster breath” which is an odor suppressant. AF – Alton, all this is about the dumpster business. What we are here for is the scrap metal. AS – Much of what the Planning Board was concerned with was the dumpster business, I am just making sure this Board has the full picture. LM – Chair – I appreciate that, often we are not given the full picture. The Planning Board requested extra paving in this area and also that we put markings for the parking and also markings for the handicapped parking. We are going to take care of that. Over here they wanted solid vinyl fencing, not the chain link with the slats in it. And we agreed that it would look much nicer. What we discussed is that it would be a 20 ft. section of fence then an equal size area with plantings and the sections would alternate along the property. Those were their primary concerns. There are three things that happen truck parking, roll off staging and the scrap metal. The scrap metal will be odds and ends that people get rid of such as aluminum lawn chairs and similar items. We separate and store it in bins back here where it will be all out of sight. Right now this property is a dilapidated property. If the petition were to be approved they have many repairs and improvements planned as you can see on this new plan. Any signage we do, we will go through the Building Commissioner. MM – On the last case we asked you to remove the old banner, we weren’t clear. Just so you know, we are not big fans of banners. KS – I didn’t remove a banner, it was an upright wooden sign that was old. MM – Please look at professional signage and not banners. AS – I’ll talk for 30 seconds on signage. One would be here attached to the building on brackets, one set back by the road that would comply with all restrictions, then the entrance and exit signs. No we’re not planning a lot of big signage here. As I said we will go through the Building Department and all sign will be approved and permitted according to the zoning. MM – I’m okay with signs if they are allowed by right. AS – A request for determination to the Conservation Commission was approved. Everything is outside of the riverfront areas. All this was presented to the Planning Board; I didn’t have it with me the last time, the full grading plan, the storm water management. All of that was presented under the site plan review. As to the issues that have come up, the operations we are proposing to do here, are ongoing at 150 Benson Street. The wish to move them to 158 Airport Road is that this property is underutilized and run down. It will refurbish this property. It will allow Rydemore to expand their business located at 150 Benson Street. At the rate Rydemore has been growing there will not be enough room for both business and we feel that this petition is the best option for all concerned. As to the neighborhood, this is a smaller business than AKS, mush of the materials that come here are called precious metals that would be stored here. It is an industrial zoned area with many similar types on businesses and it should be a good fit for the neighborhood. It will provide employment and tax revenue for the city. We have a different checklist this time don’t we because it is a Variance and not a Special Permit? Do you have a Variance checklist for us? MM – To be honest with you, you should come here and be prepared. This requires a Use Variance and everything that falls under it. I’m not trying to be disrespectful but this has been a really long presentation. If you want to come back and speak to the Variance, again this has been a pretty lengthy presentation and we still have to go through questions. And I notice there is someone in the audience that is here regarding this case also. LM - Chair – At this point I will open the meeting up to the audience. Those Seeking Information: Brian Rehrig Those Opposed: None Those in Favor: None 5 Turner Street Waltham, MA 02454 BR – Alton, Karen and I have has some conversations and maybe one of the things that I am more confused about now is, what is your purview and what is the Planning Boards? It feels like most of the issues presented here tonight were Planning Board issues. Like I told Alton last week, we don’t want to hear it, we don’t want to see it, and we don’t want to smell it. Other than that we are fine with it. My impression was that most of the design issues such as screening and fencing were issues for the Planning Board. Now I’m unclear as to who will be making those decisions, you or the Planning Board. Who makes the decisions on those things? Is it this Board or the Planning Board? LM – Chair – We can have input into these things. AS – At our previous meeting you took it from here and you wanted to see what the Planning Board would say. We went to the Planning Board and they had a lot to say. Now we’re back here and I wanted to give you a full explanation of what the Planning Board had to say. I agree with this gentleman that most of it is Planning Board issues. MM – The Zoning Board is the authority for the case, to grant the Use Variance or not. The Planning Board looks at the site plan to address your concerns and the aesthetics for the City. When the Zoning Board presents a Use Variance, we have the right to impose reasonable conditions. If the Planning Board approves a plan that plan becomes a part of a condition for the Variance. We have the right to impose conditions and the Planning Board approves the plan. BR - Frankly, as I said we’ve had several conversations, we have three Fiore dumpsters in the back of our building. They are great people to do business with. I have no concerns that we can work something out with the Fiore’s design and management. I do have a concern that it is a Use Variance and that it runs with the land. I’m not sure whether that can be managed in some way so that it isn’t permanent. If I understand it right we are talking about a Use Variance for the scrap metal business. The kind of scrap metal business the Fiore’s are proposing is something I believe we can absolutely live with. We want to see them succeed with it. My concern is if that opens a broader description of scrap metal businesses and whether it becomes permitted on that site without the kind of enforcement you would want to see. That said we want to work with them. Everything Alton said about the Planning Board is accurate about what the Planning Board brought up. We’ve had good conversations since, I think everything you’re talking about the fencing and such are really appropriate. It matters to us as well what the appearance is on Airport Road. The Planning Board made us put sidewalks in and I’m not sure where that issue goes from there, right now we have a sidewalk to nowhere. With respect to the scrap metals themselves if I may ask was that the scrap metal area was defined on the plan that the Planning Board saw. There were either bermed, walled or jersey barriers over here that seems to have changed. AS – What our thought was, and what we would like to do in that regard is if possible wait until the property is cleared and there has been an initial period of operation. Then one can find where the best place to locate the scrap metal is, the roll offs, the dumpsters and truck parking. We have three concerns in this. First there is safety; we have residents come in small trucks whatever. We will occasionally have large trucks coming in to pick up scrap metals and taking them out. Then we will have the Fiore trucks taking roll offs and dumpsters out and then bringing them back into the property. It’s nice to put things on paper, but after a couple of weeks of driving around you might find this is not working from a safety standpoint. The second concern is efficiency of operations. The third is what’s going to look best from Airport Road? Particularly the scrap metals and the roll offs so they will be the least visible from Airport Road. We discussed that, once you put it on paper it’s etched in stone. Yet it might not be the safest plan. Nothing is changing along this roadway. You will not see it from the plaza. BR – I don’t see a problem with that as long as it’s what the Board’s have permitted and approved. I think the Planning Board seems to have liked it over here. KS – If we presented another way they may have like it just as well. We’re just not sure how it’s going to function without putting it in place. BR – I guess that my concern is that it is what you are looking for the Use Variance for. KS – We knew you would come up with that question. We have it here on paper to show you an example of the layout. We want a little bit of flexibility to see how it will work best. The idea would be to keep the scrap metal over here. JM – How far is it from the plaza to that area? AS – It is approximately 300 ft away. KS – We did speak to a few of our neighbors and they were all in favor. LM – Chair – Did these folks have a say in the plan? KS – They had no concerns. AF – We showed them what we do at Benson Street and explained that we would be doing the same thing here on what would probably be a smaller scale. LM – Chair – Are your concerns addressed in this plan? BR – My concern was that it was floating, and if it’s floating, would you be approving it anywhere on the site. LM – Chair – It would be in a particular spot. BR – Karen, what you were talking about earlier makes perfect sense to me. Run it for six months to see what works best and then pin it down. KS – Our other business on 150 Benson Street we did make a few changes, then we came back and initialed them and there haven’t been any changes since. BR – We’ve come a long way in our conversations about things such as the screening. My biggest concern is life after the Fiore’s. The issue of whether this Use Variance opens up for another owner some day. And if it would give them the right to open up a different type of scrap operation. If there were some way that you could limit that appropriately, I look forward to working with them. LM – Chair – It would have to fit right into the same operation for them to just start their shop up. MM – If I look at a plan to approve it I would need some definition to it. This gentleman has some concerns. If he has some definition on where he would like to see it I think the input would be good for us. AS – One alternative would be limiting the square footage that’s used for storage or scrap metal. And a demarcation line where it has to be. MM – You are asking us to approve a plan that we don’t have in front of us and neither does the Planning Board. KS – This is the plan. LM – Chair – Well, it’s not the final now. KS - This is not the final plan? AS – It can be the final. KS – Why can’t it be the final? As – If you want a final, there it is. BR – That’s fine by me. It’s also fine of you want to put the scrap metal here or here. My concern is entitling the land to be a scrap yard. LM – Chair – How we would normally handle something like this is to let them get the business up and running and let them get their plan in place. Like they said, once they are there they may find that something doesn’t work as well as it did on paper. They come back to us in six months and tell us that they are up and running and we discuss possible changes. And redo the plan. BR – That makes perfect sense to me. AS – So we would start with this plan then to “approve” for the Variance and then is six months have a review. JB – We can put a sunset clause on. MM – Variance goes to the land. LM – Chair – We’ve put a sunset clause on a Variance before. MM – You can’t do that. LM – Chair Why not? MM – Because you’re changing the use of the land. JB – Where does it say that? LM –Chair – We have put a sunset clause on a variance in the past. MM – You can’t, because it has to be recorded with the Registry of Deeds. LM – Chair – Karen, earlier you said this was a small scrap metal business. Can you equate it with number of tons? AS – Right now we are using about 5,000 sq. ft. for the scrap metal at Benson Street. KS – That’s the most we have ever had on the property due to the low prices of scrap metal I have to hold it until the prices come up. I bought it at a higher price than I can sell it for right now. Usually we sell it as fast as it comes in. That’s how we make our payroll. LM – Chair – So was do you have right now, AS – I think we have roughly 5200 sq. ft. in an area of about 130 ft by 40 ft. for scrap metal storage. I believe I have the total at about 19,120 sq. ft. of space is needed for the all of the operations. There is over an acre available in this open area to be used for that operation. If I think I know where you’re going is to limit the area of scrap metal to stop it from blossoming. It’s not our intent to turn it into a junkyard. When the dumpster business slows down in the winter, it is the scrap metal that keeps us alive. MM – We’ve heard from the audience and we’ve had a presentation, are we going to have questions from the Board? LM – Chair – Yes MM – No questions right now, it was a pretty thorough presentation. JC – A lot of my questions were answered. I think I’m good. JM – My biggest concern I guess is what happens if the property is sold. JB – I drove by the property this afternoon. My thought was that if Karen got a hold of this it would look 1,000 times better. The windows are boarded up and the place is falling down. I have no problems with this whatsoever. Not only is it good for Karen, it’s good for the City because it keeps two businesses within the City. If she doesn’t get this Rydemore and possibly Fiore will leave the City and I think she will do a great job here and it will look great. LM – Chair – Joe could you read what is the Use Variance? JB - Recites Use Variance language. MM- Are we closed and deliberating? LM – Chair – No, not yet. Close for deliberations MM – Good point Joe. Some of the criteria for Use Variance, However, a Use Variance requires that in addition to the requirements for 181.961which is a Variance. A Variance we all know speaks to soil, topography and hardship. There is no hardship, the applicant has a location at this point. I know the whole project is going to be great, but I’m going back to there is a place for the applicant to conduct business. We gave a Variance for that lot and now we are looking at another Variance and I look at it as in the public interest. There are many scrap metal places already in the area. We have the City dump, we have AKS. I know you’ve worked hard and made some great presentations. This is truly a gateway, a gateway where there has been a lot of retail investment all the way up to this building. I think the dumpsters are going to be a great fit. But the Use Variance and the Variance goes to the land and we cannot change it. Which means; that in the future what we are setting us up for is that it is going to be a place to do business for scrap metal recycling. I agree with respect to some of the criteria for the Use Variance but that compounds itself on top of the basis for a Variance. So the question is does this meet the criteria for both a Use Variance and a Variance? A Variance should be granted in rare cases. But a Use Variance should be given in even in more rare cases. JB – There are extenuating circumstances. MM – I’m speaking directly from the by-law, I’m looking at the fact that there is no hardship. What the applicant’s business plans are with other properties and to make changes should not directly impact how the Variance is before us. AS – May I make a technical point here? MM – We’re closed. AS – You’re citing the wrong regulation, we’re not asking for a Variance that requires a hardship. We’re asking for a different Variance. MM – I’m just going to read this to the Board. As Joe had read before, the Board of Appeals may authorize a Use Variance but a Use Variance shall be granted in the residential districts in addition to the requirement of section 181.961. In addition to. AS – It says here LM – Chair – Alto we’re closed. AS – How do I state a disagreement with that? That’s not what’s in your form on our application. According to what is in the Building Commissioners letter of what we need and what is on your application foe the Variance it’s not correct what you just said. All I’m asking for is to explain how my interpretation of your ordinance, the numbers are different. LM – Chair – He will explain it again for you. MM – Would you like me to explain it? We’re not asking for a Variance under 181.961 MM – You’re asking for a Use Variance. A Use Variance is 181.962 According to him we are asking for a Variance under 181.313.E.2 MM – That’s the table used to get to this position. MM – Does it make sense? AS – I’m fine with it for the moment. MM – We could have a continuance if you would like. AS – No that’s fine. It’s my mistake. LM – Chair – So now you do understand that the Use Variance is a little more strict then the Variance itself. AS – If the issue is hardship we can certainly talk to that. We need a bigger piece of property, end of story. LM – Chair – Shall we close and open back up so he can speak to hardship? MM – As Chairman that’s up to you. I would like once again lead back to the fact that the applicant was not prepared. He has been before us for many different cases and we have a pattern. We hear a presentation, then we close and have to open back up again to speak to the by-law. The applicant should be prepared a little bit better. LM – Chair – I agree with that and I want to try to do the best that we can for them. I am going to open it back up and let him speak to hardship. Meeting is reopened to the public AS – There is a hardship because there is not enough existing room on the existing property to operate the Fiore businesses and the Rydemore businesses. Rydemore can’t expand. They lease from Fitchburg Foundry which is Karen. Fiore can’t expand and do what they want to do because there is not enough room. There is a hardship for both business because there is not enough land there for the necessary expansion. There is another piece of underutilized property available. The point is to relieve the hardship on both properties and move the Fiore business to 158 Airport Road and improve that existing property and keep all of the businesses in an industrial area. I thought we had already addressed the hardship earlier when we spoke of the reasons for the move to 158 Airport Road. LM – Chair – I think in the future it would behoove you to speak directly to the actual application of the Variance and the Use Variance so it is clear to the Board members. KS – If Rydemore were to move out of Fitchburg I would have to close as well because I cannot afford 150 Benson Street without his rent. Closed for deliberations JB – I would be in favor of the petition. Even though we are on an entrance way to the City the property as it stands now is horrible. To get a viable industry interested to move in there is beneficial to the City. The Planning Board already has them stuccoing the building, putting plants all over, repaving and fencing. LM Chair – What about the fact that the Variance will stay with the property? JB – I can’t talk to that. I don’t know the M.G.L. on that. LM – Chair – Would there be any conditions that you would state? JB – Yes, I would like a sunset clause in there. I don’t know if a sunset would hold up. I would like to see a review in 9 months. That would give them time to get set up. JM – I definitely agree with Joe. It would improve the area, it’s an eyesore right now. The gentleman that was here agreed on it. The only thing is the Variance if they sold the property. MM – These are good people in front of us. I’m here on behalf of the City, I’m here as a resident an I’m here to look at the by-laws. I have to tell you that if you look at the hardship based on a Variance there is no hardship. The applicant has existing property and properties to locate a business. They have a property in which they are legally able to operate a business. Also, by a matter of right they are allowed to have their dumpster business in this location. Because of business dealings that the applicant has because there are multiple uses on one property where there really should only be one use and now both of these businesses have outgrown each other it is not the responsibility of the City to take on relief because of the expansion. Good people, good presentation, we have to look at the long term impact of what we are doing for the City of Fitchburg. When people come here and say I can’t make it because you won’t let me do everything I want to do, that does not meet the criteria. JB – Therefore if anybody shows hardship we’re not suppose to show compassion, we’re just suppose to tell them it doesn’t meet the books, get out of Fitchburg, leave? That’s exactly what you are saying. MM – I am here to uphold the by-laws and do what is in the best interest of Fitchburg. We all have opinions and are here to vote. JB – It needs to be a unanimous vote, if you’re against it, it’s done, it’s over. JC – I’m in favor of the petition. I’ve found the discussion over the last couple of hours very interesting. What I see are a few businesses that are growing an expanding. 150 Benson Street is already responsible for the mill building, taking that blight down. The building they are looking now I’m pretty sure the last tenant was US Synthetics which I haven’t seen activity there for years. That will get improved. The landscaping business will be impacted positively. We are going to have a sting of viable business there. I see this as a net win. I would like to see a review in three months. This should give them enough time to get in there and see how everything is working and see if they need some adjustments. I would also like a condition to limit the size of the scrap area to kind of contain the possibility of this thing spiraling out of control being that that would be a Variance. LM – Chair – We don’t know what that size would be. JC – It would be a condition that could be amended in a review. LM – Chair – I have to say that I am really struggling with this being a Variance. I see it as a win win because I see what your business can do and the way you have operated it. I also am concerned with the Variance and it staying with the property. I am almost certain that we in the past have put a sunset clause or some kind of language into a decision for a Variance. I would like to see us be able to do something like that. Any suggestions on that? JC – I think that we need some additional guidance. LM – Chair – Legal advice? JC – I think so. I hate to say it but should we continue this until we get some advice? LM – Chair- Well, is it a moot point anyway? Michael is against it and the rest of us are for it. It’s already over. LM – Chair – Could you be swayed if there was a sunset clause on it? MM – It’s up to the Board if they want to seek it. I’m not here to be swayed. I can almost be certain in telling you that you cannot put a sunset clause on a Variance. It goes with the land and it gets recorded with the Registry of Deeds it’s a change to that structure that is permanent. Where a Special Permit goes to the applicant and there can be a sunset clause. If the Board wishes to seek counsel I’m okay with that. Can I tell you that it’s going to change my vote? No LM – Chair – I think at this point we should seek that legal opinion. If we were to vote tonight it’s going to die here anyway. I believe it is in the best interest to continue. We will continue to May 12, 2015 @ 9:00P.M. The information that we are looking to retrieve is from Attorney John Barrett, Attorney Mark Goldstein for language regarding a sunset clause or some other language in respect to the Variance. We need to sign an Extension of Time and then we will be done for this evening. JC – Motion to continue ZBA 2015-02 - Use variance §181.313.E.2 to conduct a scrap yard business for salvage and recycling of scrap metal in the Industrial District at 142/1/0 158 AIRPORT ROAD to May 12, 2015 @ 9:00P.M. JM – Seconded 4. MISCELLANEOUS 5. ADJOURMENT Michael McLaughlin – Motion to Adjourn James Concannon – Motion Seconded VOTE: 5-0 Adjourned