Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive Fitchburg, Massachusetts MINUTES June 9, 2015 ATTENDANCE: Lauren McNamara -Chair, James Concannon – Clerk Joseph Byrne, Joseph Maramma, Michael McLaughlin, 1. Call to Order LM Pledge of Allegiance: All 2. Communications: Attendance: LM, JM, MM, JB, JC 3. Hearings 7:00PM ZBA-2012-22 Fitchburg Public Schools 111 Goodrich Street Review of a Variance under §181.5363 to construct an Electronic Reader Board Sign located in the Residential B District at 71/42/0 111 Goodrich Street LM – Chair – Please tell us where you are at with your petition. Joe Richardson – We are at the end stages of the procurement process. We have a spec from the vendor and are ready to continue on that journey. We had a couple of questions, we just want to make sure that we are all good to go. One of the requirements was that the signs do not have animation, blinking and flashing, video. We are looking for a clarification on that. What is animation? What is blinking and flashing? The signs that we see from the City do you call it animation or rolling information? LM – Chair – Just to clarify, some people are not following the conditions that were included in the decision when the approval was granted. JR – Like the one on Rt. 12 entering the City, I observed that one today just to see how that was set up and see how it rolled through the information. It seemed pretty consistent with what we want to do. We just want to hear it come from the ZBA. LM – Chair – The D.O.T. standards, if you follow those you will probably be in good shape. But, as far as animation, blinking and video you are in a place that has houses in the area and the way we set it up was so it wouldn’t be too flashy. I just need the functionality to refresh it. LM – Chair – Our preference is 5 seconds. MM – Actually it is case by case. LM – Chair – We like at least 5 seconds. JR – We need information p there long enough for people to read t anyway. We just want a clarification on that. LM – Chair – I would like to get the info from you of where you are at in the whole process and then we will have question for you. JR – We have specs from two vendors for the signs. LM – Chair – When do you expect to break ground? JR – We are here for a continuance and then we need to finish up with the procurement process. We have narrowed it down to this vendor and we just got that within the last two weeks. LM – Chair – What is the procurement process at this point? JR – We need to award it and then the production time is approximately 4-6 weeks. Mike were also looking at the time frame for when we can operate the sign. Mike Pelland – We were looking a time frame of 10:00 AM to 9:00 PM because of our dismissal time. This is a unique situation because it is an evening school. That’s when our parents come and our commuter traffic is in front of the school. So since that is outside of the spec that came from the ZBA I would like to know is there a way to amend that? Is it something that can be done tonight? LM – Chair – We haven’t even seen it up and running yet. We need time to judge what would be best. I think that after it is in place and operational we would like to have another review. JR – Presents photos for the Board to show the concept of where the sign would be located. It would have a brick base and the Superintendent would like to not to be just two colors. LM – Chair – Not monochrome but full color? JR – Right, like this one here (shows photo). LM – Chair – Do you have anything else to add at this time? JR – No, I believe that’s it. LM – Chair – What you are looking for is maybe another six months? JR – Yes LM – Chair – I think we should talk this all through and see if we want a review or a continuance. Those Seeking Information: None Those Opposed: None Those in Favor: Jeremy Roche – FHS Open to Board LM – Chair – Does anyone (Board Members) have any questions? MM – These signs are still relatively new for us. It’s been a learning curve for us as far as what we want the signs to do. From what can or cannot be done I look at the neighborhood. You might have noticed that Monty Tech pretty much has a free reign on what they can do because there is nothing around them. All of you have done a fabulous job with this school system and I think we all want to work with you. You have the ability to request to come before the Board without an application to just say I would like to talk about my conditions if before the review date if you would like to. Let’s get you up and running and see what it looks like. JR – In conversation with the vendors I have specified that we have time clocks on the signs. MM – These signs are pretty flexible and far as what you can do with them. Even the base machine you still get a lot of options that you’ll probably never use. JR – The school and the neighborhood seem to have a good relationship. I know that if there were any concerns that came from the neighborhood we would have no problem in making the adjustments. JM – Do you have any idea when you will start the project? JR – Once we are done here this evening I would anticipate that possibly within the next week the award will be made and production time for the sign will be 4-6 weeks. We built a base for this sign and we hope to get that in soon. My hope is for the start of the school year we will be looking at a beautiful sign in place. JM – How about the lighting? Do you have adequate lighting other than the sign itself? JR – Yes, most evenings we don’t leave there until 10:30 – 11:00 between students and staff. We also discussed the vandalism aspect with the vendor and we have covered how to take care of anything short of being hit by a car. MP – We wanted to build a base that would meet the façade of the school, it’s a historical structure built in 1896. We did specify with the vendor that it either be brick, granite, or a mix of both to match the front of the school. JM – Are you going to make the base or is the vendor going to do it? JR – The vendor is going to do it. MM – Is your question tonight that you are looking for some kind of input so that you can decide the electronic package? JR – Well, yes and no. We’ve already narrowed it down with the vendor, we have either monochrome or color. We wanted to make sure that we could have color. If we’re going to pay that kind of money for the sign. MM – What is the price difference? JR – It was pretty hefty, I believe it was about maybe $20, 000. MM – And it’s your desire to have full color? JR – The Superintendents’ desire is to have full color. The colors for the schools are not all the same. MM – I’m ok with infusing a little bit of color I guess. LM – Chair – I’m ok with the color but it’s hard to take away after you’ve given it. JR – Like I said, down the road if something needs to be changed I’m sure the neighbors will let us know. LM – Chair – Was there a question about the angle? I received a call a couple of months ago regarding the position of the sign. MP – There was some discussion at one time but nothing was changed. We have placed on the right side of the building to be as far away from the homes as we can be. JC – So the location hasn’t changed? MP – No, that was the original location. JC – Is the sign one or two sided? JR – One sided. LM – Chair – In reference to vandalism what did you discover? JR – The vendor showed how to replace the panels if they were to be damaged and to remove the paint if they were to have graffiti sprayed. I wanted to make sure that if someone were to take a bat to it that I wouldn’t have to replace the entire sign. We can do these repairs ourselves rather than pay someone to come in and do it. It’s relatively easy and refreshing to know. LM – Chair – If we were to move ahead tonight you will place the order and it will be another 4-6 weeks for production time. Then you will break ground and start working on it. JR – That is correct. Close and deliberate JB – What are we going to do, just give him a continuance for six months or are we going to rewrite this petition? I think we should just go for the continuance, it would be a lot faster. LM – Chair – I tend to agree with that. MM – I’d be in favor of that he just wants some hours and once it operational we can take it from there. LM – Chair – We did amend the conditions before, should we amend them further? MM – Well we didn’t specify that it was to be monochromatic and by leaving that out it allows them to have various colors. LM – Chair – I’m ok with that but if ends up being a nuisance to the neighbors then we’ll look at that again. Are there any other amendments? JC – If we go color and are concerned about the color maybe being a nuisance we should add a condition that it is not to be operated as a nuisance to the neighborhood. Then that’s in their control. If they use color and they are getting a lot of complaints, and the color might be useful in some seasons and maybe they can look into that if they get complaints from the neighbors. It certainly can be adjusted. LM Chair – I’m surprised that we don’t have hours of operation in here. JM - What time are you done in the evening Mike? MP – Our last class dismisses as 8:35PM, we still have traffic until about 9:30PM. LM – Chair – This has been going on so long I don’t have everything in front on me. Lois, do you have the file and can you look and see if we had hours of operation in a previous decision? If we have it I would like to carry and conditions forward and if we need to we can amend them as we move forward. LO – The decision from November 13, 2012 does have hours of operation. They were Mon –Thurs 12:00PM to 8:00PM, Fri. 10:00AM to 3:00PM no weekends. LM – Chair – Let’s just keep that on file at this point we don’t have to do anything on that tonight. We’ll meet with them on September 8, 2015 and they can tell us what they think is best. MM – In the meantime if you would like to meet with us again you can just contact the Building Department. MM – Motion on ZBA 2012-22 to approve the review with the amended conditions. Adding condition #8 not to be operated as a nuisance and change #7 to September 8, 2015. JB – Seconded Vote 5-0 7:15PM ZBA-2012-23 Fitchburg Public Schools 140 Arn How Farm Road Review of a Variance under §181.5363 to replace an existing sign with a new Electronic Reader Board Sign located in the Rural Residential District at 324/1/0 140 Arn How Farm Road LM – Chair – If you could state your names for the record please. Jeremy Roche and Joe Richardson. LM – Chair – Please tell us about this petition. JR – We’re not asking for any change on times and again as we previous discussed color images and the animation and blinking. I am going to defer to Lois right now while we are asking questions. Lois can you look up the times on this one? LO – There are no hours of operation on this one. Those Seeking Information: None Those Opposed: None Those in Favor: Mike Pelland – FPS Open to Board MM – Just to move this one along I would like to put this on for September 8, 2015 as well and talk about changes once they get the sign in and operational. LM – Chair – I agree. Is everyone in agreement? ALL – Yes JC – I would like to add the condition not to be operated as a nuisance. MM – Motion on ZBA 2012-23 to approve the review with the amended conditions. Adding condition #8 not to be operated as a nuisance and change #7 to September 8, 2015. JB – Seconded Vote 5-0 7:30PM ZBA-2014-15 Steve Scharmett 511 John Fitch Highway Review of a Variance under §181.5363 to construct a two (2) sided electronic reader board sign in the Central Business District 47/19/0 which are prohibited in all zoning districts per §181.5363 LM - Chair – Please tell us how you are doing. SS – We put up the sign but there was a restriction that we could not advertise one of our other businesses which is out of state. We were told that we could revisit that at this review. That is what we would like to talk about tonight. LM –Chair – I was unaware of that being the case, we usually just review the signs to make sure that you’re in compliance with the conditions. But, I know that that was a point of contention. We’ll work that out this evening. Were there any other questions or problems? SS - No Those Seeking Information: None Those Opposed: None Those in Favor: None Open to Board LM – Chair – Any questions? JM – No JC – I don’t have any issues with the sign but I would like to hear more about the advertising of offsite businesses. It’s our own business. We own a drive-in theatre in Milford New Hampshire. When Dave had the tri-town drive-in we had a gentleman’s agreement, we don’t advertise where he is and he doesn’t advertise where we are. When he closed he actually told us to start advertising. We advertise in Leominster and in Fitchburg, down the street. He has no opposition to this. That’s why we are here, he owns Cinema World and he does not have any opposition to us advertising the drive-in. JB – No questions. I think we should decide this right now. As far as I know we have sat here before on this Board and we advertise things in the mall but we don’t advertise things that are away from that mall or the place that that sign represents. I don’t know how he got the idea we would entertain this. MM – I’m still part of this whole newness thing, if you have a static sign your advertising your business and now we are migrating over to the electronic signs and you can change everything freely. I am just worried about what we might be opening up to with future signs. JM – That’s a good point. I we do that, then people will start questioning it. MM – It is a seasonal business and he wouldn’t have to advertise year round. JC – I agree with Mike I think it sets up for some people to that will see this and try to use their signs to advertise offsite businesses. He does advertise elsewhere locally maybe that could be ramped up. Advertising of offsite businesses should be eliminated. MM – We haven’t allowed it yet. LM – Chair – They wanted to do it at Kmart and we said no. My thoughts are that we could put something in and try it and see what happens. This is a business that he owns elsewhere and does not cause any competition locally. I’d be willing to give them a chance at it, it is case by case. JB – I think that if we let out the reigns and other people see it and we’re going to have complaints. Right now it’s standard and there is no offsite advertisements. LM – Chair – My only response to what would be that he is owner of the offsite business that he is advertising. JB – DiGeronimo owns all these different malls, what if they say they want to advertise space in Leominster because they own that? LM – Chair – I felt exactly the way you did before, but I am trying to be open minded. JB – Being open minded is fine but we’re looking out for trouble down the road as a Board. LM – Chair – Right, and I think the only thing that I could say is that he owns this other business and therefore I would be willing to give it a shot. JC – For instance, what if the business was an oil change service and the owner had businesses in other cities or towns are we diminishing an opportunity for a local business because we are advertising to another location? MM – I would be willing to allow him to do it for the summer, with an end date and put him on for review. We’re not saying we’re going to let this ride, but eight or ten weeks is short and it is a unique business. I think we have to test the waters. I can honestly say that when we come up for review that I may not to allow you to continue. JB – We give it to him for a limited amount of time then he takes it down. It has been seen by everybody else with these signs and they start putting advertisements up. Who is going to monitor this and enforce this situation? LM – Chair – Well, we know that we have that problem. JB – So why open the door? JB – It’s not etched in stone it will be just a trial. JC – I’m good, if you want to run the trial I could do that, I like the idea of an end date. Personally I don’t think it’s the right move to advertise off location businesses. LM – Chair – What does the Board suggest for an end date? Close and deliberate LM – Chair – Would you like to go to October 15, 2015? MM – I don’t want to go that long. If he is going to be advertising all summer by then everybody has seen the advertisement. I was thinking of Labor Day. Just for the record when it comes for review I will probably not vote to continue. We’ll see how it goes. Why don’t we do the review on October 13, 2015? JC – We will need to rewrite condition #6. JC – We should have a finding that the Milford Drive-In is owned by the same petitioner and he is merely advertising his other business. MM – Motion on ZBA – 2014-15 to approve the review and review again on October 13, 2015. The petitioner will be allowed to advertise for the Milford Drive-In until September 7, 2015. All other conditions are to remain in effect. JC – Seconded Vote 4-1 Motion carries 7:45PM ZBA-2014-12 Ruzbin Martinez and Shelby Sicard 90 Highview Street Review of a Variance under §181.414 to construct an addition that is closer to the front lot line than allowed. The proposed addition will leave less than the required 30 ft. to the front property line in the Residential A-2 District at 188/6/0 LM – Chair – If you could, please state your names for the record. Ruzbin Martinez and Shelby Sicard. Please tell us how things are progressing with your additions. RM – The addition is already up, we are just closer to the road than was allowed and the Board granted us a Variance last year. LM – Chair – Is the project complete? RM – Not complete, everything is up and we are putting on the siding right now. We had a rough winter and couldn’t do as much as I would have liked to. LM – Chair – So, on the exterior you are almost done. What about the debris? RM – There’s no debris. LM – Chair – Is there anything else that you would like to add at this point? RM – No Those Seeking Information: None Those Opposed: None Those in Favor: None Open to Board JC – When do think the addition will be completed? RM – Hopefully by the end of the year. I’m pretty much doing it by myself. JC – What is ultimately left of the lot line? Do you have that dimension? RM – I don’t have the dimension, I have pictures on my phone if you would like to see them. I know we spoke about it I believe it was 11 ft. We have more than 11 ft. here. At this time the Board looks at the pictures. JC – I’m good. It looks like you’re doing good work. JM – How are things working out with your neighbor? That seemed to be your biggest problem. RM – It’s good. We actually went to court. MM – Just to be sensitive to your neighbor, if you could get the truck into the driveway as soon as you can it would be great. RM – We went to court on this and the issue there was that the Judge said the truck had nothing to do with it. He said not to park in front of his driveway. He said I could have the truck anywhere else on the street as long as I do not park in front of his driveway. RM – When the addition is completed I will have two sides available to park. MM – It looks great by the way. But, could you get a dumpster up there to get rid of that big pile of wood? RM - I burn it. It’s new wood. MM – So when can you get that pile out of there? RM – I don’t know, whenever I get free time from work. MM – Give me a date. RM – I don’t know if I can give you a date. MM – It’s not on your property. Actually it is on City property. RM - How’s 2-3 weeks? MM – That’s ok, I’m just trying to keep the peace in the neighborhood. JC – I’d just like to review condition #1 Construction to be completed within 1 year and all debris removed at that time. We’re really close, I think you have a day. RM – I thought that was to get started. We didn’t start until December. JC – I think you’re doing fine, I just didn’t want condition #1 to go unaddressed. LM – Chair – If he says he’s going to get it done by the end of the year why don’t we discuss changing the date. MM – Do you have an occupancy permit yet? RM – No, once the siding is on we can get that. Close and deliberate MM – I would like to see the debris moved. LM – Chair – Would you like to put a time frame on that? MM – 21 days LM – Chair – So, debris removed within 21 days and a review showing pictures of the completed project on December 8, 2015. Strike #1 and replace with - #1 21 days to have debris moved. Strike #3 and replace with #3 – Review on December 8, 2015. All other conditions are to remain in effect. MM - Motion on ZBA-2014-12 to approve the review with changes as noted. JC – Seconded Vote – 5-0 8:00PM ZBA-2014-17 IC Federal Credit Union-Mike Patenaude 276 Bemis Road Review of a Variance under §181.5363 to construct a two (2) sided electronic reader board sign in the Central Business District 111/1/Lot B which are prohibited in all zoning districts per §181.5363 LM – Chair – Is there anyone here representing IC Federal Credit Union? The petitioner is not in attendance. MM - Motion on ZBA- 2014-17 to grant a continuance and move the review until July 14, 2015 @ 9:00PM JC – Seconded Vote – 5-0 8:15PM ZBA-2013-06 Silvia Silvera 107 Daniels Street Review of a Special Permit to operate a Large Family Day Care from this 3-family residence located in the Neighborhood Business District at 64/26/0 LM – Chair – Tell us how things are going. SS- It is going well. No problems with the buses or the parking. JC – So the pickup and drop off goes well. Those Seeking Information: None Those Opposed: None Those in Favor: None Open to Board JB – Is your license current and up to date? SS – Yes MM – No questions, she is doing a great job. Close and deliberate LM – Chair – Does anyone have any questions or would like any changes? MM – I am fine with the review. I would suggest a two year review maybe. LM – Chair – Is the Board agreeable with a two year review. All – Yes JC – I am agreeable for a two year review and this also allows the petitioner to request a review prior to the two years if necessary. MM – Motion on ZBA-2013-06 – To approve the review and change condition #1 to a two year review on June 13, 2017 @ 9:00PM. JC – Seconded Vote – 5-0 8:30PM ZBA-2014-18 Grecco Alonso 134 Crawford Street Review of a Special permit under §181.23 to operate a construction yard for Tango Construction Inc. in the Industrial District at 114R/1/0 LM – Chair – Tell us how things are going. GA – Things are going well, it’s all fenced in. LM – Chair – How is it going with the vandalism? GA – I have approximately 30 cameras set up. Sine I installed the cameras there has been very few problems with vandalism. It’s across the street that has issues. JC – Was that costly to install? GA – Yes, but it was cheaper that the value of what would be taken. LM – Chair – How is the construction yard going. Everything is in place and working out well for you? GA – Everything is good. Those Seeking Information: None Those Opposed: None Those in Favor: None Open to Board JM – No question. I went by there today and saw the cameras, I think that’s a good idea. JC – I’m good. The only question I have is do we continue to need to review this? MM – Put it out two years. I have a question on the conditions. I notice that #3 is scratched out. Do we know why? LM-Chair – Vinny was Chair that evening and made the change, I’m not sure why. MM – Another condition was that there be no unregistered or inoperable vehicles on the property. That truck is still there. GA – We’re going to take it apart. MM – Use it for parts? GA – We’re going to get a crane and a compressor for it. It’s supposed to be a service truck. We are rebuilding it so it can hold the weight. MM – I don’t think it is junk, but I look at it and it doesn’t make me happy either. GA – I have it tucked in the back until I can get it going. I bought it to use it, not just take up space. MM – How about we have a review in two years and definitely leave condition. If he hasn’t fixed it in two years we’ll take care of it then. LM – Chair – My question is does anyone have a recollection about condition #3? MM - When I initially visited the property I asked about it and he told me that was where they bring all of the old grates and trimmings. I would put it back on there. LM – Chair – Was there a limited time allowed? GA – No MM – The pile is getting pretty big and I suspect that scrap prices are way down. GA – The pile is bigger than usual because of the low prices. MM – What about in six months if the scrap prices are still low? JM – I think that after a while you’re just going to have to sell no matter what the price. You can’t let it get out of control. LM – Chair – I say we look at this in one year, we just don’t want this pile to get out of control. A one year review will also give me time to speak to Vinny and find out what the status is on that. Close and deliberate MM- I agree with a one year review. LM – Chair – What would your suggestion be to do about #3? MM – Put it back in. LM – Chair – Ok because we don’t know why Vinny struck it. MM- Motion on ZBA-2014-18 to approve the review and schedule a 1 year review on June 14, 2016. Also, add condition #3 back in. JB – Seconded Vote – 5-0 8:45PM ZBA-2014-24 Grecco Alonso 134 Crawford Street Review of a 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 – Please tell us how this is going for you. GA – Slower than I thought, no issues really. LM - Chair – How is the parking situation, we were worried that vehicles would be on the road. GA – Good, no vehicles on the road. I wish there were. We have one or two inspections in a week sometimes none. So the need to park on the road is not there unfortunately. LM – Chair - You are still in keeping with the hours initially requested. GA – Yes, no changes these hours work fine for me. Those Seeking Information: None Those Opposed: None Those in Favor: None JC – We haven’t had any complaints, things seem to be good. I have no questions. JB – No questions MM – No questions pertinent to the case. JM –I’m good. Closed for deliberations LM – Chair – Any further review on this case? Any additional conditions? ALL – No further review or additional questions are necessary. MM- Motion on ZBA-2014-24 - To approve the review and to strike condition #4 with all other conditions to remain as stated. JB – Seconded Vote 5-0 9:00PM ZBA-2011-04 William & Heather Gleason 0 Airport Road Review of a Special Permit granted in 2011 to operate a landscaping business located at 0 Airport Road in the Industrial District at 142/1/A LM – Chair - LM – Chair – Is there anyone here representing William & Heather Gleason? The petitioners are not in attendance. MM- Motion on ZBA-2011-04 - To continue the review to July 14, 2015 @ 9:15PM. JB – Seconded Vote – 5-0 9:15PM ZBA-2015-07 Scott Hamel 1097 Water Street Use variance §181.313.C.22 to operate a machine shop in the detached garage in the Residential B District at 148/11/0 LM – Chair – Please state your name and tell us about your petition. My name is Scott Hamel and would like to operate a machine shop in the detached garage and make sure I do it all legally. LM - Chair – Please tell us more about your business, what you do and what the function is. Basically I take raw stock and pieces of steel and aluminum and make parts. Or I do modifications such as drill holes and things when needed like electrical boxes. I have a few companies locally that I do some work for. LM – Chair – Are you primarily doing this on your own right now? SH – Yes LM – Chair – Will there be customer visits? SH - No, No customer visits. LM – Chair - What would your hours be? SH – As many as possible. LM – Chair – Is there noise associated with this? SH – A little bit, not bad. It’s a cinder block building so it’s pretty well insulated. I’ve talked to the neighbors and they tell me they don’t hear anything. LM – Chair – Do you have any outside storage? SH – Everything is stored in the building. Everything I do is small pieces, it doesn’t require a lot of storage. LM – Chair – Tell us more about the employees that you might have. SH – I have a friend that is unemployed at the moment and he can give me a hand. Possibly a part-time office person. LM – Chair – Do you have adequate parking? SH – Yes, plenty of parking. LM – Chair – What times would you be operating the actual business? SH – Possibly 7:00 Am – 5:00PM Monday thru Friday and Saturday 7:00AM – 12:00PM. LM – Chair – Anything else to add about what you’re doing? SH - Not that I can think of. Those Seeking Information: None Those Opposed: None Those in Favor: None Open to Board MM – I am perplexed, the by-laws state that you cannot issue a Use Variance in a residential neighborhood. The application is for a Use Variance. The Building Commissioner has it listed down here as home occupation as a matter of right. Home occupation is when you are using a small portion of the dwelling for the business. MM – I don’t understand how he is here for a Use Variance. LM – Chair – I agree LM – Chair – Is this something that maybe we could amend and do a Special Permit? A Use Variance as we know is not allowed here. MM – I would rather have the Building Commissioner explain to us how we’re here. A Use Variance in a Residential neighborhood is something that we can’t even consider according to the bylaws. I would like some clarification from the Building Commissioner. JC – My thoughts are that the denial letter has a few things that are bolded and I don’t know how we could get around that. MM – I am trying to get around the Use Variance that states clearly that it is not allowed. LM – Chair – We may have to delay this for a little bit until we get clarification from the Building Commissioner. I would like to continue this for three months until September 8, 2015. We do need clarification from the Building Commissioner how to proceed with this case. Our request is to have the Building Commissioner in attendance at the meeting September 8, 2015. Chair and petitioner have signed the extension of time for Sept. 8, 2015. MM – Motion on ZBA-2015-07 for a continuance until September 8, 2015. JB – Seconded Vote 5-0 9:30PM ZBA-2015-04 Michael Longley 402 Broad Street Special Permit under section §181.313.D.5 to conduct a construction, excavation, and demolition business and store construction vehicles in the Industrial District at 28/10/Lot A - 402 Broad Street LM – Chair – Michael, I see you have the site plan as requested. ML – Yes, I have copies to distribute to the Board. LM – Chair – If you could please give us an update on the plan. ML – I go it all surveyed and had Boucher draw this up as you requested (Exhibit A). Those Seeking Information: Those Opposed: Those in Favor: None Richard Gonzolas RG – I was expecting a plan showing where the screening was going to be and where the Construction equipment would be. This looks like an as built laying out parking places for employees. It doesn’t give me any idea of operationally how things ae going to change from what they look like today. I have some photos to show the Board what I am talking about (Exhibits B thru E). This is from the upper floors of my building where I mostly have office tenants. This is what we see. This is the right of way, which I would have hoped would be cleaned up by now and it is not. There other photos are looking at other directions from my property which is more what I would expect on Broad Street. When you put all of the pictures together there is one that just doesn’t fit. If it could be made such that we don’t see a lot of what we see when we look down through greenery that grows twenty or thirty feet high. This as built doesn’t really talk about screening. LM – Chair – Can you speak to that through me Michael? ML – Yes, where the easement is the right of way goes through the back there is a couple of logs I put there because I had vandalism in my building. I had it surveyed yesterday and I am going to be putting up a fence with a couple of gates I believe that shows on the site plan. LM – Chair – What kind of fence would that be? ML – I haven’t decided yet. I believe it will be chain-link fencing I’m just not sure what I am going to use for privacy slats. LM – Chair – What about across the front of the property? ML – That’s where my proposed sign will go. I took down the old sign there’s a few shrubs and a little bed for a garden. I still have to do more, I’m putting cameras and lights in. There are many things that need to be done to clean the whole place up. It can’t happen overnight. LM – Chair - What’s your time frame? ML – I would say over the course of the Summer into the Fall. LM – Chair – Do you plan to put any greenery? ML - There’s not much place to put greenery, I’m putting a fence up here, gates over here, it’s right up to the pavement here and there is a sidewalk over there. As I mentioned earlier there are a few small shrubs with space for a small flower bed, other than that I don’t know where else I could plant anything. LM – Chair – So you are talking where the proposed sign will go is where you are talking about plantings? ML – Yes I may go a little bit higher on the fence over there. The current fence is six feet. LM – Chair – What are you thinking of, maybe nine or ten feet? ML – Maybe nine feet. All this takes time and money. LM – Chair – If we were to put a time frame on this, is that something you could live with? ML – The roof is leaking and I have to fix that, put in the security system and add more lights. What will you have contained in here once you have the fencing all up? Will it be the heavy equipment? ML - Sometimes there will be equipment. LM - Chair – No hazardous waste? ML – No LM – Chair – So you are looking mainly at just your equipment? ML – Yes Open to Board JM – I’m familiar with the property and I am familiar with Richards’ property and the surrounding area. I understand it takes time and money because it needs a lot. I think my biggest thing when we start the project is to clean up what you can clean up, it’s manual labor. Just to make the property look good. It seems that you are on the right track. You have the equipment and machinery so that part is really labor. We want to be respectful to the properties around the area. I think that all we are looking for is that when your equipment is in the yard that it is parked neatly and all seems to be I order. JC – I’m fine with the direction it is going I just want to point out that the applicant made a reference to a nine foot fence and that it would require a special permit to go that high. If you feel you need that, I suggest that you do it. If there were to be a higher fence that would mean higher screening. ML – I don’t believe it will change the view from the upper floors of that building no matter what the height of the fence is. JM – Who is responsible for the right of way? ML – I am. MM – Who owns the building behind you now? ML – There are two brothers that own it. It is closed now. MM – It doesn’t look like the Planning Board really… This is what I’m thinking. You see this area here, there’s some dirt and a couple of half dead shrub. I know that KRT was there for many years, that’s irrelevant. I’ve always looked at the place and said it was an eyesore. The City misses a lot of things. This is our opportunity to make it right. There has been a lot of investment further down and across the street. I want to see a plan of what you are going to do. I know you can’t do it all at once. MM – Are you going to fence in the right of way? ML – Yes, and there will be two gates. MM – What about a timeline on the fence? ML – I can arrange with surfside for installation of a fence. MM – What kind of fence? ML – Chain-link fencing. MM – Is the black chain link more money? ML – I believe it is more expensive. MM – I’m afraid if we go too tall and put barbed wire on top it’s going to look like a concentration camp. LM – Chair – Let’s ask his neighbor what he thinks. What do you think about the size of the fence? RG – That’s a good point. I was for the more screening the better but I do understand that if it gets too high it will look ridiculous. Along with that if the equipment were to be parked in an orderly fashion like the place in West Fitchburg it would be good. MM – How about a six foot black chain link and some plantings along the whole front of the property? ML – I don’t think that’s going to work with the snow and the plowing. I would probably have to replace them every year. There is a sidewalk and the fence will be pretty much right up to it and there would be no room for anything in between. LM – Chair – That area he pointed out earlier is the only place in can see to put plantings. MM – What about the existing chain-link fence? ML – The plowing did some damage to the existing fence and I need to work on that to straighten it out and then put the privacy slats in. LM – Chair – I think at this point we have enough to set conditions and get him up and running and have him come back and see how his progress is. MM – Are you paving the parking lot? It says paved and that to me means blacktop. ML – No, that’s the front, that’s already paved. Eventually it will need to be repaved, not right now. MM – I’m really looking at six months to a year down the road to be able to say that you did a real nice job and you are invested. I am not in favor of it the way it is and the way it has been. LM – Chair – Let’s do something for three or four months and see before winter comes and we can maybe nail down a couple of more things. I would like to put a time frame on some of these items and give you more time on the bigger ticket items. I think that would be the route to go. JM – I agree with that. I’m working on the roof, that’s $30,000. LM – Chair – What kind of conditions are we talking about? MM – Maybe we need to come back and deliberate at another time. That doesn’t stop you from getting started on some of these things. You heard what we talked about and what we need you to do. You can check in with Lois in a week or two and see if we have the deliberations done. When we set the conditions we want to make sure that it is reasonable for you and for us. I would like to entertain a motion to do that. MM – Motion on ZBA-2015-04 to continue deliberations prior to the July 14, 2015 meeting. JC – Seconded Vote – 5-0 4. MISCELLANEOUS MM – I spoke to City Solicitor Barrett this evening and mentioned that we have a lot of things going on. I also mentioned that we should get together with him and discuss cases that are consistent problems, cases like 1-3 Prospect Street for example. I brought up the fact that somebody was told to not respond to our request of conditions. LM – Chair - I will come down and the sign the decision for Karen Stroparro. When I come in to do that we can draft a letter to the departments that did not respond to our request. 5. ADJOURNMENT MM - Motion to adjourn JC - Seconded