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Zoning Board of Appeals

Regular Meeting

Fitchburg, MA · November 11, 2015

AgendaMinutes

Minutes

Board of APPEALS 166 Boulder ZONING Drive – Suite 108 Fitchburg, Massachusetts MINUTES November 10, 2015 ATTENDANCE: Joseph Marrama, Joseph Byrne, Michael McLaughlin, Nicholas Squailia 1. Call to Order MM Pledge of Allegiance: All 2. Communications: Attendance: JM, MM, NS, JB 3. Hearings 7:00PM ZBA-2015-03 Gary Therrien - Putnam Street Lanes 14 Putnam Street Review of a 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. MM – Welcomes everyone to the ZBA meeting and informs all in attendance that there are four Board Members in attendance this evening which is the minimum for a quorum. All cases being heard this evening that need approval will need a unanimous vote. MM – Gary, thanks for coming in. We are here to do a basic review on your application. I would like to go through the original conditions that the Board put on when your application was approved. Original Conditions: 1. Sign to be maintained and kept in good working order 2. No flashing, blinking, scrolling or video 3. Petitioner to offer public service announcements 4. Not to be operated as a nuisance 5. Sign to meet D.O.T. standards including but not limited to not less than 3 seconds display 6. Alpha Numeric only – 3 second change 7. Six month review – November 10, 2015 8. Placement as submitted by plan Is there anyone here In favor – None Opposed – None Seeking Information – None MM – Gary, how is everything going? GT – Everything is fine, I had few people that didn’t know it was there. They thought that the location was a good spot. MM – Has it generated any positive business? GT – I think it’s too early to tell. Usually once the cold weather starts to set in business picks up. JM – That’s your busy season? GT – Yes MM – I’m going to turn it over to the Board for comments. Open to the Board JB – Gary, I’m glad it’s there, it looks great. I’ve seen it coming over the bridge a couple of times. I has expected a lot bigger sign. It looks smaller because the building is so big. GT – When it’s on the ground it’s huge. The old sign that I took down was huge, it didn’t look as big on the building either. JB – I am very pleased for you and I hope that it brings you good luck. I hope that more people come to visit your place. I was at the CDC annual meeting this evening and you were brought up by someone there. I was asked if I knew of Putnam Lanes. I replied that it is the oldest in North America. It was only because you came before the Board that I knew that. But, people are talking about it. GT – That’s good. JB – I’m pleased that we approved your petition. JM – I went by and I also thought that it looks a lot smaller than I expected once it was up on the wall. It’s nice and I hope it does the trick for you. GT – The first car at the light sees it, the second car never sees it. JM – Once people see it, then they see it all the time. Hopefully it’s going to be a positive thing and it will be a boost for your business and you will have a good report for us the next time you see us. NS – I like the sign, it looks good and I don’t think it is a nuisance. I have driven by both during the night and day and have nothing but positive things to say. I hope it work out the way it’s intended to for you. MM – I was pleasantly surprised that it didn’t look nearly as large as it sounded it would be. I am very involved in the city and I need to hope that with the new Mayor that there will be some plans in place to make notice of Fitchburg businesses. As I said at the original meeting with you I would like to see a 50 x 30 nicely painted, classic style sign on that wall someday so that when people come by there they will think “there’s the bowling alley”. I think that would be awesome. I’m going to tell you right now that I would vote totally in favor of you doing that someday. I think your story is a great story. The oldest candlepin in the United States. Just that trivia alone is going to draw people to look at it. GT – I had somebody come all the way from Boston yesterday to see the bowling alley. MM – That’s good. We appreciate your being part of Fitchburg for such a long time, and hopefully for a long time. We will close and deliberate. Close and deliberate MM- Strike #7 JB – Yes, I don’t really think that we need a review. We know Gary and he is a citywide contributor and we know that he will keep the sign in good working order. JM – I would like to see a review, not because we don’t think he’ll do the right thing. I would be interested in the effect it had on his business. I would be ok with a year review. MM – Ok, so we’ll change #7 to a one year review on October 11, 2016. Amended Conditions 1. Sign to be maintained and kept in good working order 2. No flashing, blinking, scrolling or video 3. Petitioner to offer public service announcements 4. Not to be operated as a nuisance 5. Sign to meet D.O.T. standards including but not limited to not less than 3 seconds display 6. Alpha Numeric only – 3 second change 7. One Year review – October 11, 2016 8. Placement as submitted by plan JB – Motion to approve the review on ZBA 2015-03 with all of the existing conditions, change #7 to a one year review on October 11, 2016. JM – Seconded Vote 4-0 (unanimous vote) -To approve with conditions as amended change #7 to a one year review on October 11, 2016. 7:15PM ZBA 2014 -04 Twin Cities Community Development Corporation 4 Leighton Street Review of a Special Permit to operate a rooming house, and Variance to construct a gazebo that does not meet the front yard requirements in the Residential C District at 78/32/0. MM – It doesn’t appear that anyone is here tonight, there was a comment made by a Board member. LO – I received a call at noon today informing me that their annual meeting is tonight and that they would like to be moved to the December 8, 2015 meeting. MM – Do we have a time? LO – 8:15 P.M. JB - Motion to continue ZBA 2014-04 to December 8, 2015 @ 8:15 P.M. JM – Seconded Vote – 4-0 (unanimous vote) -To continue ZBA 2014-04 to December 8, 2015 @ 8:15 P.M. 7:30PM ZBA 2014-26 Paul Amanatidis 1109-1151 Main Street Review of a Special Permit under §181.313C.12 to operate an automobile repair service. In the Central Business District at 17/64/0 MM – There are four Board Members in attendance this evening which is the minimum for a quorum. All cases being heard this evening that need approval will need a unanimous vote. Is there anyone here In favor – None Opposed – None Seeking Information – None Open to the Board MM – Please tell us about any updates that you have been doing to the property. PA – The garage is almost done with the exception of the tank. The separator tank, that’s a problem because I need to find out what’s going on with the pipe. MM – Where is the separator tank going to go? PA – In the front of the building. MM – That’s for the automotive? PA – That’s correct. The water right now runs from inside the building, straight to the street. We need to put a tank to stop the oil and other stuff go to the city has to be stopped at the tank. MM – What’s your timeline on that? PA – The problem is, we have to figure out what’s going on with the pipe. That needs to be resolved. MM – You want to dig the whole parking lot up, finish it all off and have the pipe fixed and pave it. I already spent some money on it now I have to dig it up again anyway. MM – I need to talk to the commissioner. I guess we’re looking at conditions and #1 thru #8 and a lot of the conditions can’t be taken care of until we hear from the DPW Commissioner. MM – I saw a car for sale, an unregistered vehicle and I am still seeing the 18 wheeler there. Two nights ago last week I saw the tractor trailer there. PA – Maybe for an hour or two, that’s about it. He lives up the street, he may have stopped in for an hour or so but he didn’t park there overnight. He rents a parking spot at Rt. 117 and he also has one at River St. where the building was burned. MM – What is the timeline on the restaurant? PA – That’s another problem. I talked to the contractor yesterday, they are getting a price from the electricians. I don’t know why they are taking so long, I gave them the plan 2 months ago. I talked to them the last time I was here and he said it would be a week. MM – So things are moving along. Close and deliberate All – No questions. MM – I guess we will put it out again. What’s the Board think about a time for a review period? Three months? JM – They should be rolling by then. NS – Do you think three months is enough time to get the majority of this done? PA – I don’t have a problem coming back. JM – Hopefully we can get the water issue cleared up, the whole issue is that pipe. Without that nothing is going to move forward. PA – I worried that they may have blocked that pipe. The wall is opening now, take a drive by. The wall behind my building is falling apart. If that water is backing up the wall is going to explode. MM – The only comment I can provide to you is that I was told that they inspected the old line and it was dry. PA – I was there and nobody inspected it. MM – I’m just repeating to you what I was told. The line that the water presently travels through was flowing. PA – The one they broke? MM – I didn’t hear about anything being broken. I talked to the Commissioner, I didn’t talk to the street guys. PA – They didn’t tell you they broke the pipe? Not only did they break it, they put a smaller pipe in. They went from 4 inches to 3 inches. MM – I’ll talk to the Commissioner and see if we can set up a meeting where we can get everybody together and discuss it. MM – That water comes all the way from Applewild. PA – It’s a lot of water. MM – It is in the spring. I can tell you that last year up on Goddard St. the pipe goes between the houses and they had an excavator doing something up there. Not the city, the property owners. PA – They had a flooding too. MM – I don’t think they knew there was a pipe under there. They could have damaged something. JB - Motion on ZBA 2014-26 to approve the review and schedule the next review for February 9, 2016. JM – Seconded Vote – 4-0 – To approve the review and schedule the next review for February 9, 2016. 7:45PM 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 MM – Please give us an update. BJ – Bob Jokela, Superintendent of schools, - The plywood footing is ready for the mason, he should be there tomorrow and we hope to have the sign up this week. We should have the sign up and lit by Friday. Is there anyone here In favor – None Opposed – None Seeking Information – None I appreciate the update, I am going to turn it over to the Board. Open to the Board JB – No questions, thank you for coming. JM – I went by, the electrical is done and the poles are up it looks good. NS – No questions. MM – We will give you a chance to get it up and running and schedule a review for 6 months. The review will be May 10, 2016. MM – Any comments regarding conditions? Conditions: 1. No flashing/blinking, or video of sign 2. Size and location of sign to remain as the existing sign 3. Public Service announcements to be included in the text, such as, time, temp and amber alerts 4. Sign to be maintained in good condition and repair 5. Sign to meet D.O.T. standards 6. Sign to be vandal proof 7. Review – November 10, 2015 8. Not to be operated as a nuisance 9. Hours of operation Mon-Thurs 12:00PM – 8:00PM Fri. 10:00AM – 3:00PM No weekends MM – We will change #8 to May 10, 2016. Amended Conditions: 1. No flashing/blinking, or video of sign 2. Size and location of sign to remain as the existing sign 3. Public Service announcements to be included in the text, such as, time, temp and amber alerts 4. Sign to be maintained in good condition and repair 5. Sign to meet D.O.T. standards 6. Sign to be vandal proof 7. Review – May 10, 2016 8. Not to be operated as a nuisance 9. Hours of operation Mon-Thurs 12:00PM – 8:00PM Fri. 10:00AM – 3:00PM No weekends JB - Motion on ZBA 2012-22 to approve the review with conditions as amended. JM – Seconded Vote 4-0 - To approve the review with conditions as amended. 8:00PM 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 MM – Mr. Jokela please give us a quick overview. BJ – At the last ZBA meeting Joe Richardson attended there were some comments made by the Board members about the height of the sign. He was asked to check with Officer Paul McNamara to make sure that there was adequate visibility. Officer McNamara visited the site with Mr. Richardson and we did end up raising the height 20 inches from the original proposal. The sign was installed late last week and it was operational today. Mr. Jokela distributed photos to the Board members. Now we are trying to figure out how it all works. MM – So raising it 20 inches now gives you a line of sight under. BJ – Correct Is there anyone here In favor – None Opposed – None Seeking Information – None Open to the Board JB – Congratulations, it’s finally finished. JM – It looks good. NS – Love the sign. MM – Could everybody take a look at the conditions? Do we do a six month review just to get some feedback? Conditions 1. No flashing, blinking, or video of sign 2. Size and location of sign to remain as the existing sign 3. Public Service announcements to be included in the text, such as, time, temp and amber alerts 4. Sign to be maintained in good condition and repair 5. Sign to meet D.O.T. standards 6. Sign to be vandal proof 7. Review – November 10, 2015 MM – We will change #7 to May 10, 2016 Amended conditions 1. No flashing, blinking, or video of sign 2. Size and location of sign to remain as the existing sign 3. Public Service announcements to be included in the text, such as, time, temp and amber alerts 4. Sign to be maintained in good condition and repair 5. Sign to meet D.O.T. standards 6. Sign to be vandal proof 7. Review in six months May 10, 2016 8. Not to be operated as a nuisance JB - Motion on ZBA 2012-22 to approve the review with conditions as amended. JM – Seconded Vote 4-0 - To approve the review with conditions as amended. JB - Motion on ZBA 2012-22 to approve the review with conditions as amended. JM – Seconded Vote 4-0 - To approve the review with conditions as amended. 8:15PM ZBA 2015-04 Michael Longley – Longley Trucking 402 Broad Street Review of a 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 MM – Tell us how things are going. We have a list of conditions, let’s talk about where we are with them. ML – Things are going good. MM – A lot of activity there? MM – Yes, I’ve been doing a lot of things. I’m going to be doing the front windows. I still have a lot of work to do inside the building, the outside is getting there. Is there anyone here In favor – None Opposed – None Seeking Information – None Let’s go through the conditions Current Amended Conditions 1. Review – November 10, 2015 2. No outside storage of construction materials / debris / hazardous materials 3. No vehicle repairs to be done outside of the building 4. No storage of unregistered vehicles outside 5. No parking and or loading on the street 6. Landscape and plantings to shield vehicles along the fence (for example – Arborvitaes) 7. Landscape island surrounding sign in front of the building 8. Enclose area to be graded with regrind 9. Parking lot in front to be paved 10. Removal of the no parking signs on the telephone pole 11. Remove all barbed wire to front of the property and repair the remaining barbed wire 12. Remove all debris stored on the property 13. Repair all fence panels 14. All vehicles or heavy equipment to be stored at the rear of the fenced in area in an orderly fashion 15. Rite of Way – Remove logs / Replace with locked gates on both ends 16. Additional conditions to be added at the September 8, 2015 review 17. Sunset Clause Open to the Board MM – One thing we talked about was #3 No vehicle repairs to be done outside of the building. Any service on vehicles will be done inside the building. ML – I would like to talk about that with the Board. Sometimes a vehicle doesn’t fit in the building or it’s in the fenced in area. There are some instances I need to do it outside. Nothing major, some small things. MM – But, it’s not going to be common place. I’d like to leave that in there, obviously nobody’s going to drive by and fine you if you’re outside changing a tire on one of your trucks that doesn’t fit in the building. MM - #5 No parking or loading on the street. ML – I never load on the street. #6 Completed #7 Completed, #8 Completed, #9 Completed, # 10 Completed , # 11 All barbed wire has been removed from the front we will remove that. We will leave repair the remaining barbed wire. Amended conditions 1. Review – May 10, 2016 2. No outside storage of construction materials / debris / hazardous materials 3. No vehicle repairs to be done outside of the building 4. No storage of unregistered vehicles outside 5. No parking and or loading on the street 6. Repair the remaining barbed wire 7. Remove all debris stored on the property 8. Repair all fence panels 9. All vehicles or heavy equipment to be stored at the rear of the fenced in area in an orderly fashion 10. Rite of Way – Remove logs / Replace with locked gates on both ends 11. Additional conditions to be added at the May 10, 2016 review 12. Sunset Clause Close for deliberations JB – I think Mike has done a great job. He has accomplished every task that we asked him to do. JM – In the beginning it didn’t look like things were going to go the way we wanted it. Mike has stepped up and done a great job. We really appreciate it. NS – I think the place looks great. The transformation is just over the top. I think he has done an excellent job. JB – The people that complained initially have not been in attendance for any of the meetings after that. I guess they must be satisfied with what he has done with the property. MM – You have done an awesome job and we appreciate it. JB - Motion on ZBA2015-04 to approve the review with the conditions as amended. JM – Seconded Vote – 4-0 - To approve the review with the conditions as amended. 8:30PM ZBA 2014-25 Marcus Moran JMAC Distribution LLC 134A Crawford Street Review of a Special Permit under §181.313.D.6 to store vehicles on a temporary basis for a towing company in the Industrial District at 114R/1/0 – 134A CRAWFORD STREET MM – We are going to ask a few questions, talk about some of the conditions, the Board will ask some questions and then we will move on to a vote. Is there anyone here In favor – None Opposed – None Seeking Information – None Open to the Board MM – Please tell us how things are going. Mr. Moran – Things are going fine, no real issues. No trouble with parking in the street. Everything has been fine, no problems with anything. The only thing we mentioned before was the trash from the transfer station. It’s a continuous battle with trash on that road. When the trucks are empty they’re not covered and the trash is flying everywhere. MM – One of the things we should have done when the applicant was before the Board is that we need to get them to take ownership of monthly street cleanings. You’re right, it’s the trash trucks. We all shouldn’t pay the price. There is so much trach on Airport Road it’s pathetic. Mr. Moran – I had bark mulch put all in front of my business. You would never know it, it is now all trash. JB – We will take it under advisement, the people responsible are coming back for a review. They can cover their trucks so they don’t spew trash everywhere. MM – Review of conditions. Close for deliberations JB – I’m fine. JM – My only concern is keeping the front of the property clean. I go to Needham Electric twice a day and can see that there is never a traffic issue. I’m pleased with that. NS – I think it looks good. MM – I would say in light of the trash problem we should put this for review 6 or 9 months. JM – We’re going to end up in the winter anyway. It’s not really an issue in the winter. From April to December it nice riding by there and not seeing the trash. MM – The other case should be before the Board before six months. Why don’t we put this out for six months? My personal opinion is we will have you come back in six months and that would probably be the last time. JB – Let’s make it 9 months, I think that would be better. Let us put it for review on September 13, 2016. MM – Ok, we’ll change #2 Review date will be September 13, 2016. Does anyone have any comments or questions for the Board? Mr. Moran – What do I need to do about a sign? I’m not really interested in advertising or lighting anything up. If you were to google 134 Crawford Street it’s hard to identify. It doesn’t show up the right way. I have a sign on the fence, because there was one before. Eagle Trucking had a sign. When the gate is open during the day you can see it. When the gate is closed you can’t. MM – You are entitled to put a sign on your business. I would go to the Building Department, they can give you the sign criteria. Within limitations, if it is outside the limitations that’s when you come to our Board for relief. Mr. Moran – Just the address would be fine with me. JM – You could maybe put a post with the address on it. JB - Motion on ZBA 2014-25 – To approve with the change in conditions. Change #2 Review date will be September 13, 2016. JM – Seconded Vote 4-0 - To approve with the change in conditions. Change #2 Review date will be September 13, 2016. 8:45PM ZBA 2015-16 CVS Pharmacy Inc. – Poyant Signs 161-181 Main Street Request for a Variance under §181.5363 to construct a freestanding sign with an electronic reader board in the Central Business District 56/02/Lot 0 which are prohibited in all zoning districts per §181.5363 MM – The petitioner is actually CVS Pharmacy Inc. and you are representing CVS Pharmacy Inc. Is this correct? RW – Yes, my name is Richard Westergren and I am from Poyant Sign, we do all of the signs for CVS. MM – Welcome and please tell us about the petition. RW – You are all familiar with the location, the free standing sign, the structure is up including the CVS Pharmacy and the drive-thru. Where the electronic message center, we will fit it within a cavity that is already built, the structure is ready to accept the EMC sign. Right now there is a blank panel covering the cavity, with nothing behind it. What we are looking for is your approval to allow us place the EMC. It is monochrome, only red, not full color this is basically monochromatic message which is not going to go moving all over. It will be a posted message and it will stay maybe five minutes, maybe an hour, I don’t know. MM – Before we get too deep, all of the other cases have been reviews tonight and this is a fresh application. I do want to let you know we just have a quorum of four members this evening. You are going to need a unanimous vote and I want to offer to you the opportunity to either make your presentation or to come back before a full Board. RW – How many are on a full Board. MM – We were seven and now we are down to six. RW – Can we poll the Board and see how they feel about this. MM – No, we can’t poll the Board. I just wanted to let you know that with a five member Board you can still have a negative vote. RW – Well, we’re not asking for something that basically isn’t allowed in the city. The precedent has been set for this type of sign. It’s only one color, it doesn’t scroll and go crazy. MM – Before we go any further, would you like to proceed or go on the agenda for next month? Also, I would like to respond to the precedent. We look at each case individually and is unique to its location and to what the applicant is asking. I can’t tell you that we have approved every one of these. But, we have had various conditions on various cases. Every case is unique. With that said I want to give you the opportunity either proceed or go before the full Board. RW – Let’s move forward, hopefully we all look at it with the same eyes. MM – Please continue. RW – It is 3ft. 5in. x 10 ft. so the EMC portion of the sign is 35 sq. ft. The structure is up, CVS made the decision to put that up and come here and hopefully get the approval for the EMC. You are familiar with this type of a sign, they follow the rules. As far as the hours of operation and the flashing, it won’t flash, the same message could stay up all day. It’s all controlled by the computer. It will do a picture only in one color. We’ve been putting them up at all of the new store that we can. Is there anyone here In favor – None Opposed – None Seeking Information – None Open to the Board JB – We have had these signs in front of us so many times, there is not really that much to ask about. I know what it’s going to be and that CVS is not going put up anything that would look bad. I don’t really have any questions. RW – I should add that it will automatically dim at night. MM – What are the hours of operation you are looking for? RW – I don’t know what the hours of the store are going to be. Normally we run them for approximately an hour after the store closes. It’s not a 24 hour store. MM – What about prior to opening? RW – Maybe one hour before and one hour after. Or just turn it on when the store opens. It’s not as critical in the morning. So, when the store opens and one hour after closing should be satisfactory. MM – Is this variance request for just the electronic sign and the large sign itself didn’t need a Variance? RW – Just the electronic message center is my understanding. MM – Really, that large behemoth didn’t need anything. RW – We have a permit for the structure. Fitchburg is known to be business friendly, we appreciate that. MM – Would CVS be open to public announcements? RW – Yes, absolutely. No flashing, no blinking, no video. You have monochromatic color, hours are during business hours and one hour after closing. Meet D.O.T. standards. Should we do a one year review? Conditions are as listed. Electronic Message Signs 1. No flashing/blinking, animation or video of sign 2. Size and location of signs per plan submitted 3. Alpha/Numeric/Symbolic Picture display only 4. Public Service announcements to be included in the text, such as, time, temp, and amber alerts 5. Signs to be maintained and in good condition and repair 6. Sign to meet D.O.T. standards – not less than 3 second display change 7. Review in one year 8. Advertising for CVS only with the exception of public services announcements 9. Monochromatic color 10. Hours of operation – Store hours and one hour after closing. MM – Let me ask you a question. I see that we are moving ahead with everything new. I am looking at this 1867 church that is next to CVS. When I go by the front of that building, it is the biggest sign I have seen in my life. Now we have this sign in front of it as well. To me it’s a bit overpowering. Sometimes we say to a business that is going to make a pretty big impact on us. Again, I’m looking at that beautiful and historical church and it is just overpowered with big red CVS signs. It’s just such a contrast it’s unbelievable. RW – Did that go before a Planning Board for site plan review? MM – Yes, site plan review went before the Planning Board. RW – That’s generally when those things are discussed. MM – We’re different Boards, different people and different ideas. You’ve been before a lot of Boards, what would be unreasonable if we were to ask CVS to maybe make a financial commitment towards some additional improvements in the lower Main Street area? RW – I can certainly take it back to them. JM – Do they have signs of this type anywhere else around here? How about Leominster near Whitney Mall, is that the same type of sign? RW – Exactly the same. JM – I don’t believe that the CVS over by Whalom Park has one. RW – They have a big sign, I don’t believe it’s electronic. JM - Because it’s Lunenburg, they were limited to what they could do there. Any other comments from Board members? NS – I have no comments. MM – Would you be willing to go back to CVS and talk to them about some type of investment? RW – Is there a town improvement fund or something that we could make a donation to? MM – I think that’s sometimes what we look at is to kind of offset the tremendous visual impact of all these enormous signs and everything right at that area. To just say will CVS be willing to make a little bit of an investment to some improvement to streetscape or plantings or something in that area. RW – I’ve known them to do something like that. They are very flexible, their image is very important to them. MM – We appreciate them coming to town. MM – I don’t know if we just allow you to go back and talk to CVS and see what they come back to us or if you need us to throw a number at you. RW – Can you throw me something and I’ll take it back to them? Can I get conditional approval based on them coming back with something? How do you want me to do it? JB – That sounds good. MM – Any thought about what would be a balance based on the impact to the area? RW – Give me some guidelines and I’ll take it back and say we have a conditional approval assuming you make some kind of donation to this fund. MM – Just say the Board is looking favorably on it. RW – Do you want me to come back next month? JB – Let’s put him on for 6:45 P.M. next month. MM – If you could go back and just express that this Board has some concerns. MM – We’ve talked about conditions, you have the list of those. We will put you on the December 8th agenda at 6:45 P.M. RW – Is there an official name for any of those downtown redevelopment groups? MM – No, this wouldn’t be a group it would be a request that CVS partake in some additional improvements to the lower Main Street or general area. MM – We will have Mr. Westergren sign an Extension of Time. JB - Motion on ZBA2015-16 for a continuance to December 8, 2015 @ 6:45 P.M. JM – Seconded Vote – 4-0 – To continue to December 8, 2015 @ 6:45 P.M. 9:00PM ZBA 2014-23 El Houari Haddar 16 Maryland Avenue Review of a Special Permit under 181.33 to operate a livery business at 16 Maryland Avenue located in the RA-2 Residential district 101/50/0 MM – The petitioner is not in attendance. This is the third time we have had no response from the petitioner. How would the Board like to proceed? JB– My recommendation to the Board would be to revoke the Special Permit. I think that if it was important enough to the applicant to be granted a Special Permit that they would be here for the review process. MM – Our usual process is that after three notifications for review and the petitioner does not appear before the Board we take a vote to revoke the Special Permit. . JB – Motion on ZBA 2014-23 to revoke the Special Permit. MM – Seconded Vote 4-0 - To revoke the Special Permit for. Miscellaneous ADJOURNMENT MM – Motion to adjourn JB - Seconded

Agenda

ZONING Board of APPEALS 166 Boulder Drive – Suite 108 Fitchburg, MA 01420 MEETING AGENDA November 10, 2015 1. Call to Order PLEDGE OF ALLEGIANCE 2. Communications ATTENDANCE: 3. Hearings CASE No. APPLICANT PROPERTY TIME ZBA-2015-03 Gary Therrien 14 Putnam Street 7:00PM Putnam Street Lanes Review of a 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. ZBA-2014-04 Twin Cities Community Development Corporation 4 LEIGHTON STREET 7:15PM Review of a Special Permit to operate a rooming house, and Variance to construct a gazebo that does not meet the front yard requirements in the Residential C District at 78/32/0. ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 7:30PM Review of a Special Permit under §181.313C.12 to operate an automobile repair service. In the Central Business District at 17/64/0 ZBA-2012-22 Fitchburg Public Schools 111 GOODRICH ST 7:45PM Review of a Variance under §181.5363 to construct an Electronic Reader Board Sign located in the Residential B District at 71/42/0 ZBA-2012-23 Fitchburg Public Schools 140 ARN HOW FARM RD 8:00PM 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 ZBA-2015-04 Mike Longley-Longley Trucking 402 Broad Street 8:15PM Review of a 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 ZBA-2014-25 JMAC Distribution LLC 134A Crawford Street 8:30PM Review of a Special Permit under §181.313.D.6 to store vehicles on a temporary basis for a towing company in the Industrial District at 114R/1/0 – 134A CRAWFORD STREET ZBA-2015-16 CVS Pharmacy Inc. 161-181 Main Street 8:45PM (Poyant Signs – Gary McCoy) Request for a Variance under §181.5363 to construct a freestanding sign with an electronic reader board in the Central Business District 56/02/Lot 0 which are prohibited in all zoning districts per §181.5363 ZBA-2014-23 El Houari Haddar 16 Maryland Avenue 9:00PM Review of a Special Permit under 181.33 to operate a livery business at 16 Maryland Avenue located in the RA-2 Residential district 101/50/0 4. MISCELLANEOUS 5. ADJOURNMENT 2

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