Zoning Board of Appeals
Regular MeetingFitchburg, MA · April 12, 2016
Minutes
Board of APPEALS
166 Boulder ZONING Drive –
Suite 108
Fitchburg, Massachusetts
MINUTES
April 12, 2016
ATTENDANCE: Lauren McNamara-Chair, Michael McLaughlin,
Joseph Marrama, Nicholas Squailia, Anna Phillips
& Anthony Zarrella
1. Call to Order LM Pledge of Allegiance:
2. Communications: Attendance: LM, JM, MM, NS, AP & AZ
3. Hearings
6:00PM
ZBA-2014-11
Sean Morrison
76 Summer Street
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C District at
70/30/0
LM – Please state your name for the record. Paul Dibenedetto here for Sean Morrision.
PD – In the process of opening up soon, getting things cleaned up. Finding people to run the stand.
Hearing Opened to Audience:
Is there anyone here In favor – None Opposed – None Seeking Information – None
Open to Board
LM - Any questions, Board No Questions
Close and deliberate
MM- Motion to approve review on ZBA-2014-11 for special permit to allow open-air restaurant sales with following
conditions:
1. Hours will be 11:00 AM to 4:00 PM Monday thru Sunday, Friday & Saturday re-open from 9:00 PM to 2:00 AM
2. Review in One year, April 2017
3. Must be owner operated not leased
4. Plan as submitted
5. No Plastic or vinyl banners
6. Not to be operated as a nuisance
7. Will meet all requirements from Building, Board of Health, Planning, Police, Safety & any other City Department
as requested.
8. Sunset Clause
JM – Seconded
Vote 5 – 0 In favor of ZBA-2014-11 (LM, MM, JM, NS & AP)
6:10PM
ZBA-2015-14
St. Bernard’s Central Catholic High School
45 Harvard Street
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign located in the
Residential B District 84/89/0
LM – Please state your name for the record. Karen Pelletier representing St. Bernard’s High School. I have pictures
of the new sign and how it came out (exhibit A). We have some plantings left to do and should be done in a couple of
weeks. JM – Is sign on a timer, it seems to be on all night? MM – Should shut off at 10:00PM. KP – Challenges to
learning the program, we are looking into it. JM – Sign looks nice
Open to Audience:
Is there anyone here In favor – None Opposed – None Seeking Information – None
Open to Board:
LM – Any questions? MM – Make changes to conditions. Was the plan submitted for the lumens? KP- Plan will be
submitted very shortly.
Close and deliberate
MM – Make a motion to approve the Review of the Variance under §181.5363 for the electronic reader board sign
with following conditions.
1. No flashing/blinking, animation or video of sign
2. Size and location of signs per plan submitted
3. Alpha/Numeric/Symbolic Pictures 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. Not to be operated as a nuisance
8. Hours of operation – sign turned off at 10:00pm
JM – Second the motion
Vote 5 – 0 in favor for ZBA-2015-14 (LM, MM, JM, NS, & AP)
6:20PM
ZBA-2014-01
Santo Viola/Northern Lights Realty Trust
226 Westminster Street
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building into a retail
store located in the Industrial District at S54/1/C
LM – State your name for the record. John Shamas, I am partners with Santo Viola. We added the beer and wine
license a year ago. Since then the business has not been doing well. We are in the process of closing the package
store side of the business and reopening to a full restaurant. This should happen by the summer time. Would like to
get a pourers license.
Is there anyone here In favor – None Opposed – None Seeking Information – None
Open to Board:
MM – Would like to strike no window signs from the conditions and promote professional signs to help attract
business. JM – Agree, so to help them get back on their feet. MM – They have been following the conditions.
Close and deliberate
MM – Make a motion to approve the review of a Use Variance under §181.313 with the following changes of
conditions.
1. No drop boxes
2. No banners
3. No paper signs
4. No window signs
5. Professional signs only
6. One year review in April, 2017
7. Implementing §181.9423 - Planning Boards Conditions
8. Sunset Clause
NS – Second the motion
Vote 5-0 In favor for ZBA -2014-01 (LM, MM, NS, JM, & AP)
6:30PM
ZBA-2014-06
Travis Beauvais
564 John Fitch Highway
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District at 35/19/0
LM – State you name for the record. Travis Beauvais. LM-How has business been? TB – The construction on John
Fitch Highway has taken a toll on my business. Hope this year will be better. LM – Where do your employees park?
TB – They park off to the side. MM – Notice two vehicles for sale. TB – They are my own vehicles that I am fixing
up to sell to make up for business that I have loss. I have two banners above each bay for people to see what my
business has. Trying to get more movement for the business. Would also like to change my hours from 8AM to 8PM.
Open to Audience:
Is there anyone here In favor – None Opposed – None Seeking Information – None
Open to Board:
AP – Looks nice over there and have no problem with the vehicles. MM – Has done a nice job inside & out. Should
get a class 2 license to sell cars. TB – Put the vehicles in my name to help offset income.
Open to Board:
TB – Would like to change conditions to sell cars. JM – Keeps area up nice, have no problem with him selling
vehicles. MM – If they are your personal vehicles I don’t have a problem with it. To sell any other cars you will need
a Class 2 license which you would get through Council. Keep conditions the same. NS – Miraculous job with your
business and property, especially with the restraints on space. No problem with selling cars. JM – Don’t see an issue.
LM – Keep conditions the same.
Close and deliberate:
MM – No problem with signs and strike #6 but leaving Professional signage. Change hours to 8AM to 8PM. Add
Sunset Clause and striking #10 about the dumpster.
MM – Motion to approve the Review of a Special Permit under §181.313 with conditions stated.
1. Special Permit will expire/terminate upon the transfer/sale of business from Travis Beauvais – Sunset Clause
2. No outside storage of auto parts, tires, materials, equipment or inoperable vehicles
3. No drop-off boxes
4. No vehicles for sale on property not owned by Travis Beauvais
5. No unregistered vehicles on property
6. Professional signage only
7. Hours of Operation: Monday – Sunday 8:00AM to 8:00PM
8. Business not to be operated as a nuisance
NS – Second the motion
Vote 5 – 0 in favor for ZBA-2014-06 (LM, MM, JM, NS & AP)
6:45PM
ZBA-2015-07
Scott Hamel
1097 Water Street
Review of a Special Permit §181.332. and §181.53 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
LM - Has there been any communication with the petitioner.
RV – Yes sent an email on April 12 and called left message on April 11 that he could not make it because of car
problems. (Exhibit A)
At this time the Board finds:
LM – We should continue this till June 14, 2016
A. The Petitioner is not in attendance will continue the review to June 14, 2016
With the above findings, the Zoning Board of Appeals decides to continue the review to June 14, 2016.
7:00 PM
ZBA-2016-03
Peter Cote
310 Main Street Realty & Trust
Continuance - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located in the
Central Business District at 55/48/0
LM – State your name for the record. Peter Cote – My petition is to put up an electronic billboard sign. I took a copy
of a sign on line to show you the resolution of the type of sign I would like to put up. (Exhibit A) Sign has been
shrunk down from the previous sign I was going to put up. Was 5 by 10, but I could not afford the $40,000 to
purchase the sign. Shrunk the sign down to 7 ½ wide by 3 ½ tall. I took pictures of my building with a cut out of
plywood where the sign will be so you can see the size and location of the sign.
JM- Recused himself
PC – The sign is mainly for the purpose of advertising my business. Such as entertainment, specials and food. Also
use the sign to advertise the block party in July and other things going on in the city. This will bring more people to
the down town.
Open to the Audience:
Is there anyone here In favor – Yes Opposed – None Seeking Information: None
In support of the petition – Mary Jo Bohart, Economic Development Director – This sign will be effective because it
is at the gateway to the city and highly visible. He has invested quite a bit into transforming the restaurant. The sign
will be eye catching and will draw people to his business. Also that Peter is willing to use the sign to advertise for
events in the city.
Open to the Board:
MM – What is next to the plywood on the roof? PC – HVAC unit, the sign will cover this unit. MM – Is the HVAC
unit larger than the sign? PC – Much larger that the sign. MM – Hours of operation. PC – 11:30AM to Close, if
restaurant closes at 11:30PM sign will be turned off. If we can stay open to midnight or 2 o’clock in the morning it
would be shut off then. We have two floors, first floor is the restaurant and bottom floor is entertainment, there are
pools tables down there and games. Most people in the city don’t go out till late at night, around 11:00 at night. Hours
I would like are 11:30AM to 2:00AM. NS – What would be a ball park of your investment at this location?
PC – About a half a million. NS – Would the entertainment be mostly on the weekend and pool/darts during the
week? PC – Yes, pool leagues are where it is at in this area. AP – The building across the street on the corner of
Blossom and Main is the only residential building in the area. PC – The sign will be angled from that point.
AP – Have a review of the sign if there is an issue with the residential building across the street. If it’s a bother to the
neighbors can you tone down the sign? Other whys I think this is a great idea and have no problem with the sign.
PC – We can dim the sign and also put it on timers if there are complaints. AZ – Likes the idea. LM – You have made
a significant investment and so why would you want the sign before you are open? PC – Need to advertise to bring
people to the business. Want to show everyone that comes down Main Street that we are here. This will be a lot
cheaper than advertising on TV. LM – Having a hard time seeing that on top of the building on Main Street. Would
rather see this on John Fitch Highway. PC – Fidelity has one. LM – They have been in business for a long time and
we are talking about a startup business. NS – Don’t think it is fair to call Peter’s business a startup. He has been in
the city for a quite a number of years. LM – Concerns about the location of the sign in general on Main Street. This
sign would be a permanent structure with the building. Say you decide things don’t work out and you sell the
business to a strip club and they want the full use of the sign, now we have no control of the sign. That is a major
concern. PC – Hope you won’t turn me down because of a strip club coming to town. LM – Not just a strip club but
any undesirable type of things that could go up on that sign that we would not have control over. The variance goes
with the property not the owner, if it would leave with you than I could go with that. Sometimes in the past we have
put a sunset clause on the variance. I am truly not in favor of having a permanent structure like that. PC – Where I
have a half a million dollars in the building it would have to be sold for over a million dollars. These people will be
buying the restaurant and I am sure they will continue to keep it as a restaurant for a million dollars. LM – We cannot
predict the future and the board needs to protect the city. PC – You do have rules in the city to follow by. LM – We
cannot guarantee that whoever buys it will run it the way you do. PC – I have in the past tried everything to advertise,
like coupons, radio and newspapers people did not realize there was a full kitchen. The sign will help me get it out
there we have food. AZ – Isn’t it the case that any adult use would require a special permit from the council. LM – I
cannot predict what will go in the business. PC – I appreciate the way you think, but I really need this sign for my
business to show people we sell food and the prices. NS – I was blown away how nice everything was when I visited
Peter. It is night and day from when the Chinese restaurant was there and whoever would buy this would be very
lucky to have such a nice spot. This building really needed this renovation. LM – Could we come up with a ten year
sunset clause that is renewable? I am not in favor of a blank variance. But if we can do it with some clauses I could
possibly see my way clear to moving forward for you. AZ – Could we do services offered instead of foods as a
condition? MM – We can impose all reasonable conditions. LM – Have a concerned about driving down Blossom
Street and boom the sign hits you. AP – I don’t have a problem with driving down Blossom Street and seeing the
sign. Also the way most of the residential properties are situated they won’t have a side glow. NS – There is only
one property that might have an issue, but they have not complained about the Metro PCS light so I don’t think they
will have an issue with this sign.
PC – I don’t want any problems with the neighbors. Actually I want to go talk with Chris at Destares and maybe he
can post something on the sign with a 15 to 30 second time slot every half hour with what he has going on. This will
bring people to the city. NS – When I look at the commitment Mr. Cote has put into the city especially after the
devastating loss of his previous business it makes me feel good moving forward that he is going to be a responsible
neighbor. It is obvious that he cares about the community because he could have moved his business to another city.
He is being reasonable about what he is going to do and he is genuine about not wanting to disturb the abutters.
MM – Looking at the criteria for a variance and trying to look at the whole perspective. It there going to be video?
PC – No, It will be pictures of food, prices, special and entertainment. MM – Hopeful we will have more residential
and mixed use on Main Street. John Fitch Highway would be a place for something like this where there is no
residential buildings and we are more flexible with our conditions. Would not want something blinking and flashing
outside my property. Variances are looked at on an individual case and each one is unique. So are we going to start
the domino effect where we want Main Street to be a bunch of LED signs? The applicant has not purchased the sign
and it is a new start up business. Looking at the criteria for the variance and the hardship. PC – Without this sign
there will be no business, we need this to advertise and show we are a successful business. The city is empty, we need
to get businesses on Main Street. I am willing to use the sign to bring people down town for various things.
Close and deliberate:
LM – Propose to close and deliberate at another time or deliberate now. I might be willing to do is to have a sunset
clause on a five year basis. I do want to see businesses evolve on Main Street, but want to keep the integrity of Main
Street. Appreciate your investment. Want a sunset clause because we don’t know what the future holds. NS – Sunset
clause for five years make sense. LM – Hours of operation of sign till 2:00AM is late. NS – Hours of operations - If
you have a DJ or band they normally don’t start till 9:30 or 10:00. Can see needing the sign a little later. Weekends
Friday and Saturday be on a little later. AP – Agree with Nic. Later hours on weekends and early hours during week.
Compromise toning it down on the later hours. I am for this sign. AZ – Set a short term review, so that way we can
set the conditions and if any of the residents have a request or concerns we can impose changes to the conditions.
LM – Standard conditions for electronic signs are:
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 or unless not to be operated as a nuisance
Also asking to put in a sunset clause with a certain number of years.
MM – I am not in favor of this. Looking at the mandatory findings, specific to hardship, financial or otherwise.
There is no financial hardship, because the sign has not been purchased. There is no presentation that a sign helps an
eatery. I am specifically looking at 181.9614. LM – Can you get there with a sunset clause? MM – No – Just looking
at the criteria for a variance. NS – Looking at the criteria of the variance, we have given them to car washers, schools,
banks and other businesses. Mr. Cote case is different, other places have been around for quite a while. Some people
say we don’t want to be Las Vegas but what is the matter with Las Vegas. People come from all around the world to
go there. Who’s to say people from all around the county won’t come to Beemer’s Pub. This could spark a new life
to the downtown area. His investment in the city makes me want this for him. AZ – Looking at the ordinance about
hardships and Main Street poses some unique challenges to a business. Main Street is one of the hardest places to
have a business in Fitchburg, because it is one way and not easy to get to businesses. When you look at how many
small business failed in the downtown because of lack of accessibility, parking and visibility. We need to have
businesses here like this and give them the tools they need to draw customers.
Re-Open:
LM – Need to ask the petitioner a question. Is the size of the sign as submitted? PC – 3 ½ by 7 ft. 91 ½ wide by 40
inches tall. AZ – Would you not have the animation? PC – If I had too, but would think it would be helpful. Won’t
be flashy, it for advertising.
Close and deliberate:
AP – When prior restaurant was there, I must have driven by several time not even knowing there was a restaurant
there. The sign would help attract people. AZ – Animation would be most valuable early in the day rather than night.
Suggest a condition, hours after dusk no animation or at a certain time that is set. NS – Would want to promote
bands at night. LM – I have a set of proposed conditions: Add exhibit A for size, no animation after dusk, not to be
operated as a nuisance, sunset clause to end in 5years, April 2021, petitioner may reapply and hours of operations,
Monday thru Sunday 11:00am to close, stagnant at midnight, off at closing. Propose conditions.
Move to make a motion:
MM – Make the motion to ZBA-2016-03 to grant a variance as requested at 310 Main Street. With the said
conditions.
1. No flashing/blinking, animation or video of sign
2. Size and location of signs per plan submitted (exhibit “A” – 91 wide by 40 inches high) and to be placed as
close as possible to roof utilities, metal box (ac unit) as to conceal it
3. Alpha/Numeric/Symbolic Picture display only – No animation after dusk
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 or unless not to be operated as a nuisance
8. Not to be operated as a nuisance
9. Sunset Clause, to end in 5 years, April 2021 – Petitioner may reapply
10. Hours of operation, Monday thru Sunday 11:00AM to Close, Sign stagnant at midnight, off at closing
NS – Second
All those in favor
Vote 4 – 1 in favor of ZBA-2016-03 (LM, MM, NS, AP & AZ)
7:15PM
ZBA-2016-05
Boris Sapozhnikov
265 Summer Street
Continuance for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer Street 110/1/4
located in the Central Business District 110/1/4
LM – For the record state your name
Boris Sapozhnikov and Robert Oliver. RO – I was in front of the Board a couple months ago for this petition.
Planning to open a car rental business at an existing building with paved parking and two other business in the
building. Special permit is required for the use in this district. What is shown new parking on existing pavement so
no site work involved. Showing on the plan a total of 90 existing striped spaces on this lot. We are showing an
additional 31 spaces and there still is room for more spaces. BS – Here to answer previous asked questions. Hours -
Monday thru Friday 9 to 5. Vehicle maintenance on site – Place a lift for oil changes and simple maintenance. LM –
How may vehicles on site? BS – 11 vehicles. RO – Access is in the back of the building and available parking that
was never striped. There is adequate parking with a total of 31 spaces. Not expecting to use all spaces right now.
LM – Who owns land to left where it is over grown? RO – Fitchburg Gas & Electric. BS – Will keep most vehicles
inside or parked in front of office. Outside we will need 15 spaces for vehicles. Most of the vehicles will be rented
and won’t be on the lot. LM – What about the Limos out back? BS – They were left by previous owners. Went
through bankruptcy so no one can touch the vehicles right now. It is the landlord’s responsibility to move the vehicles.
LM – Signage? BS – There is a sign location on the lot and it will be simple.
Open up to the audience
Is there anyone here In favor – None Opposed – None Seeking Information – None
Open to Board
JM – Biggest concern was the Limos out back. MM – You can request to visit the Board if you want to add more
vehicles. Conditions:
1. Monday thru Friday – 9am to 5pm
2. No more than 15 vehicles to be stored outside
3. Sunset clause
4. No unregistered vehicles
5. 6 Month review
6. No outside storage of auto parts
7. Approved plan from the Planning Board be part of the special permit
Close and deliberate:
MM – Proceed with above conditions
LM – As side bar - Board has made notice and wants current livery vehicles removed. (MM - Tell owner your special
permit could be impacted by this or to get a City order to take care of this.)
LM – Entertain a motion
MM – Make a motion ZBA-2016-05 to grant Special Permit under §181.313 with above conditions.
Second – NS
Vote 5 – 0 in favor of Grant of the Special permit (LM, MM, JM, NS & AZ)
7:30PM
ZBA-2016-04
Carlos B. Terrero – Millennium Motors
34 Bemis Road
Continuance for a request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
LM – For the record Nic recused himself and state your names for the record.
Aaron Cosgrove and Carlos Terrero AC – Walk in and turn key business, with minor changes. We are taking down
front fence. It is a great location for this type of business. Looking for a total of 50 cars which would include
employees and customers. LM – Have you started business there? AC – No LM – What is the status of the vehicles
on the property. AC – From different people one of which will be one of the mechanics that will be working on the
cars. We have some private cars from people that don’t have room on their lots. Eventually they will pick them up to
sell on their lots. LM – What is the actual plan for the business? AC – With the initial approvals we then set up with
the various auctions and we will start to bring in the vehicles one at a time. A lot of this will be internet base. To fill
the lot with 50 will take a while. Once we get thru dealing with the City, we are dealing with the State and Federal
level requirements. So once we get past that then we will be up and running. LM – Will these be unregistered
vehicles? AC – Yes LM – Have you applied with the City for a dealer’s license? AC – Yes we have. The Planning
Board has approved the site plan, they did put in a few requirements. Front fence has to come down, in back putting
up a white vinyl fence to conceal a trash area and some basic things have to be done. There is a minimum amount of
work to be done. Some clean up in the back of the lot. LM – What kind of condition will the cars be in? AC –
Anything on the lot has to past inspection. Right now any cars in the lot have signs stating who owns them. LM –
Lighting on that location? AC – 3 Poles that can be utilized as well as mounting on the building itself. That is part of
the process for the requirements. Lighting will not impact the surrounding neighbors. LM – Entering and exiting
from the lot?
AC – Don’t expect a lot of traffic. Not as much as the prior restaurant.
Open to the Audience
Is there anyone here In favor – None Opposed – None Seeking Information – None
Open to Board:
AZ - Everything so far sounds satisfactory, I am concerned this is a variance and one of the mandatory findings that
has to be made is something concerning your particular site that would make it different from other areas in the
district that would cause specific hardship. AC – The lot is set back off the road. Unlike a traditional car lot that
would have them lined up near the sidewalk ours will be pushed back. Feel we are in the same ball park as the
restaurant. AZ – Restaurant can get a special permit, does not require a variance in an industrial zone. What is it with
this site that differs from every other site in the zone that would cause you special hardship? AC – There is no one
else in this area doing a car business. AZ- Maybe I am not being clear. The ordinance did not want this type of
business in the industrial zone, what is it about your lot that overrides that determination. AC – That spot has been a
center for other types of businesses which the area has been accustomed too, not an industrial use. LM – He is asking
about the car dealership which is not allowed in this area. AZ – I would be inclined to vote in your favor but where
we have mandatory findings that must meet before we grant a variance. I cannot see how I can make that finding.
LM – A variance stays with the property and a special permit goes with the person. LM – Can you speak to the
hardship that would make you fall into the category to have this variance on this property? MM – Before we get to
far a couple years there was a use variance put on this property. This could possibly be a use variance. Use variance
will follow under 181.94. I would like to make sure we are going down the right path to make the right vote. We will
need clarification with the Building Commissioner. LM – Response sheet from Planning – 1. Compliance with site
plan submitted 2. Dumpster to be located at rear corner of property and screened w/white vinyl fencing. 3. Use
existing sign location 4. Remove chain link fence along street frontage of parcel. Input from Police Dept. Have you
seen this from the Police Department. AC – No, can’t say that I have. LM – See - Exhibit “B” AC – Entrance will be
the same as the prior business used. Hours will be 10 to 6, Monday thru Friday and Saturday 10 to 2. LM – Have you
made an application for Class 2 license? AC – To make an application for Class 2 you need to get pass the city first.
LM – We are talking about what was based on the letter from the Police Department. They are unaware of any
application. AC – Is it correct we need to go to the Police Department also? LM – According to this letter, yes. AC –
I am assuming this is a standard procedure. LM – You are in a variance situation. AC – We will go to the Police
Department and answer the question in the letter. LM – What is the suggestion of the Board? We might have an
issue where there has been a use variance already on this property. We need to clarify this with the Building
Commissioner. MM – Continuance so we can look at the previous case to clarify, was it a use variance. Need to
know why this is a variance not a use variance. Applicant to bring in approved plan from the Planning Board. Want
to see a certified registered plot plan which shows parking spaces. The applicant was issued a denial letter from the
Building Department and there has been a lot of activity on that property even thou there is no permit or variance to
conduct business. AC – It is not business. I want everyone to be clear on this no one is receiving any payments.
LM – There is something going on. We need to do research on the previous variance on the property. Will be asking
for a continuance so you can get the information the Police Department is looking for, that the Planning Board has
approved and all the items Mike has talked about. AC – Filled out extension of time. LM- Be on agenda at 9:30pm -
May 10th.
MM - Make a motion to continue till May 10th @ 9:30pm. ZBA 2016-04. We need a copy of the proposed site plan
the Planning Board approved. Need to speak with the Commissioner about the use variance and variance.
Addressing the dealership with the Police Department. AC – In the meantime vehicles will come and go but not as a
business.
AP – Second the motion
Vote 5 – 0 to Continue the request for a variance till May 10th @ 9:30pm (LM, MM, JM, AP & AZ)
7:45PM
ZBA-2016-09
Herve Boucher
31 Lionel Avenue
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located in the Rural
Residential District 151/18/0
Herve Boucher – Ms. Linda J. Yakas would like a carport for protection of her vehicle and trash barrels. The carport
meets building codes. Will be tarred under the carport. LM – Sold house to previous owner does not feel that has to
recuse herself. LM – How many vehicles? HB – One car. There is a carport next door. See attached exhibit “A,B,C
” where the carport will be added to the house. The carport will stay open and will have adequate lighting. AZ- I
don’t see a problem with this, only asking for 2 ½ feet for the variance.
Open to audience:
Is there anyone here In favor – None Opposed – None Seeking Information – None
Open to Board
NS – Feel the carport will fit in with the rest of the neighborhood.
AZ – Only 2 ½ feet being asked for. Property has a fence and won’t affect the neighbors.
Close and deliberate
MM - In favor of this petition. Seems most houses are set the same way.
MM – Motion on ZBA-2016-09 to grant a variance at 31 Lionel Avenue with condition as per plans.
LM – Second the Motion
Voted 5 – 0 in favor the variance (LM, MM, NS, JM & AZ)
8:00PM
ZBA-2016-08
Sebastian Cazard
34 Kimball Place
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles and materials
on property located in the Industrial District 28/8/0
Sebastian Cazard - I have a road construction business and want to move to 34 Kimball Place. Won’t be working at
the location we go to other cities to work, this would be just to keep my trucks and materials out of the weather.
Materials would be blocks, sand and cement in bags. Wanted to have the storage to keep the materials under a roof
and out of site. Will be doing demolition on the six floor building, grain stacks and the red building. Want to fence a
little area in and do some landscaping. LM – Did you go to the Planning Board? SC – We need Verizon to sign off
for the demo first.
Open to audience:
Is there anyone here: Opposed – None Seeking Information – None
In favor – Yes - Mary Jo Bohart, Economic Development Director, City of Fitchburg
Sebastian reached out to me when he was looking to purchase the property. This property under past ownership had
been a source of blight and was not owner occupied. It’s a relief that the buildings will be coming down with other
improvements and projects that will be done on River Street. I feel what Sebastian will be doing will be good for this
area.
Open to Board
MM – You purchased the pellet business and not the front property? SC – Correct MM – All the storage inside?
SC – Basically and will have a small fenced in area outside. Will have a few things outside and a few trucks.
MM – Do you have any plans submitted? SC – Have an engineer working on then. MM – We do need a plan to
continue. SC – Gave you a plan that I had. NS – The plan is very out dated. LM – The plans are crucial to the
decision. Need to see how all this will be laid out. LM – This will have to be continued. SC – Part of the building I
want to use is not part of the demolition and I need to move my equipment from my other location. So I need
permission to use the property. MM – When was the demo going to happen? SC – The end of the month and would
take 2 to 3 weeks. LM – You will have to have a stamped plan. We would like to put this off till June. NS – Would
not want him to have to wait that long. MM – Building Department and Economic Director should have been
working with him to be prepared for this meeting. LM – Will put you on the schedule for May 10th at 9:45. SC –
Signs extension
MM – Make a motion on ZBA-2016-08 to continue till May 10th @ 9:45pm
NS - Second the motion
Vote 5 – 0 to continue the request for the Special Permit (LM, MM, NS, JM, & AP)
8:15 PM
ZBA-2014-20
Sebastian Cazard
0 Crawford Street
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business located in the
Industrial District at 114R/9/0
Sebastian Cazard – Business has been doing fine. Will be selling property to my cousin once I get into 34 Kimball
Place. He has to finish putting in plantings and conservation knows he is working on this. He is going to rent the land
to a repo business. JM – Don’t want a junk yard on the other side of the fence. SC - Graffiti was removed per
conditions. Had site plan review from Planning. There is a sunset clause so the new owner needs to reapply for
Special Permit. MM – To be safe with the changes there should be a 1 year review, April 2017. Conditions will stay
the same and change number #2.
1. Conditions of Planning Board will be the conditions of the Board
2. One year review April 2017
3. Sunset Clause
Motion
MM – Make a motion to move out ZBA-2014-20, April 2017
NS – Second the motion
Voted 5 – 0 to move review (LM, MM, NS, JM, & AZ)
8:30PM
ZBA-2015-01
Michael Karras – AKS Recycling & Charles George Co.
15 Cobbler Dr. & 41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
Travers Hodgkins for Michael Karras – Trash and demo. We are also doing scrap metal and have a scrap metal
license. We need to go forward with scrapping cars and recycle the fluids. This will all be done inside a building. All
fluids will be recycled properly. LM – Petitioner is going before the Planning Board a second time for a site plan
review. That has been done. Will be presenting a revised plan which will address the concerns the Board had
previously. Do you have this plan? TH – Not with me, but has been sent in. LM – Petitioner spoke to the criteria of a
Special Permit and the Board is satisfied that he has met the criteria. The conditions were 1. One year review on April
12, 2016, 2. Sunset Clause. TH – We are not going to dismount vehicles to be honest with you. When we accept a
vehicle the gas, coolant, transmission, and oil is drained. We are not going after car parts. MM – Put this out for a
couple months so a plan can be brought in. LM – Are you asking for something new? TH – Asking for a permit to
take cars in and work in another building. LM – That is not what you have asked for in the past. This is just for a
review. MM – This review is because you did not have an approved plan from the Planning Board. Bring back a
plan we all can see, so we can see how to improve things. LM – Would like to push this out to June 14th, 2016 and
have Michael come to this meeting.
MM – Make a motion on ZBA-2015-01 moving it out to June 14th, 2016
NS – Second the motion
Vote 5 – 0 to move review (LM, MM, NS, JM, & AZ)
8:45PM
ZBA–2016-06
Peter Lemay – FSOC, LLC
148 Myrtle Avenue
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
LM – Went to City Council. See attached letter from the Building Commissioner. (Exhibit “A”)
Petitioner not present.
MM – Motion to leave to withdraw without prejudice.
NS – Second the motion
Vote 5 – 0 to withdraw (LM, MM, NS, JM & AP)
9:00PM
ZBA-2016-07
James & Michelle Cormier
612 Elm Street
Request for a Variance under §181.414 for solar array to encroach into front line setback in the Residential B District
168/23/0
James & Michelle Cormier – Seeking to have solar on property and it was not an option to have it on the roof. We
found a company that would do ground mounting and found the exact location that would be ideal for this. Where the
array will be will not meet the 25ft set back. At the back end of the property are 100ft of trees that make shade, so it
would not work there and they are not our trees to cut. It will be placed on the corner. (See Exhibit “A”) 11ft x 45ft
array and would roughly be 2 ½ feet from the edge of the property. This array would be secure with a lock back panel
and fencing with safe guards. Height off the ground would be about 11ft. Property is higher than the street.
Open to audience:
Is there anyone here In favor – None Opposed – None
Seeking Information – Yes
Chris Kitchin – I live across the street at 685 Blossom. Great neighbors, I lived there for almost ten years. One of the
concerns is that my house would sit in the back of the solar panels and this is what I would be looking this at. Could
there be some fencing to block this? JC – We would do whatever we needed to do. CK – Feel it would lower my
property value. Concerned about how close the array will be to the sidewalk, only 2 ½ feet away. I would be in favor
if something could block the view.
Carrie Gonynor – 680 Blossom Street – My concerns are the same. I have a side view and would like to have the
solar blocked by a fence. Concerns about what this will do to property values. I do have a plan to sell in a decade or
so and I am afraid the solar would deter someone from buying the property. I have the green house (Exhibit “A”) and
will have direct view. I am in favor of people using solar, but don’t want to lose money on my house. This is new
territory for everyone. LM - If you sold your property what would happen with the solar panels, do they go with the
property? MC – We will own the panels in ten years, if we sell in five years the panels would be transferred to the
new owners. But we are not looking to sell at any time. We have no other option where to put the solar.
Open to the Board:
AZ – Concerns the neighbors have raised are valid, but not sure that it affecting the property values has to do with the
variance. JM & MM - both visited the property. NS – Solar company putting up this fence? MC – They will help us,
but we will probably fund the fence. NS – My biggest concern is public safety. Especially people going down the
sidewalk. JM – Will have locking panels and a change link fence with privacy panels around the solar array.
LM – Are you going to put up a fence along the tree line? MC – Not at this time. They neighbors would still see into
the property. John Fahey – 680 Blossom Street – We are looking down on this, a fence would have to be 20ft high.
MM – What is the financial benefit for solar? JC - In ten years will be paid off and any energy we make goes back to
the grid. MM – Financial benefit the first 10 years? JC – Sell credits back to the power companies. Financial benefit
will be that the bill will drop by two thirds about two hundred dollars a month. LM – It is a big step for the Board to
grant a variance. The variance stays with the property, a special is with the applicant. MC – Could this be a special
permit? LM – No
Close and deliberate:
MM – Looking at the variance, mandatory findings and hardship. I don’t see any hardship, they already live there and
now there are not any solar panels on the property. There has not been any investment so far. Really have to look at
the broad scope of the neighborhood. Need to look how this will affect the neighbors and I am concerned about the
property values. It is a main road and extremely visible. Variance are granted sparingly and have specific criteria.
JM – Concerned how it is going to affect the neighbors. Condition could be a higher fence, but then they would need
a special permit if the fence is higher than 6 ft. If you could satisfy your neighbors, I could possibly go along with
this. NS – I admire the fact they are trying to break away from Unitil and be more environmentally efficient. It
sounds like the neighbors were worried more about the property values than the array itself. The more solar seen in
the City the better. More worried about public safety at this point. I feel like this shows people, Fitchburg is moving
forward and I am for it. AZ – I need to come back to the law and the ordinance. I am sympathetic to the neighbors’
concerns, but the findings actually asked to make only concern whether the variance would negatively impact the
neighborhood not whether the structure would. Even if they comply with the setback requirements it wouldn’t seem
to be better or worse for the neighbors. What I am more concerned about is the public safety aspect. Don’t feel a
fence no matter how high it is would protect the public along the sidewalk. If there were conditions we could put on to
insure public safety I would be inclined to grant it. Based on the terms of the findings we need to find, it seems like
the tree line and topography and so forth justify a hardship variance. The variance itself would not negatively impact
the neighborhood any more so than the structure without the variance would, but there is the public safety issue I can’t
figure out a way that could be satisfied. LM – Not in favor of this. Concerned about the 22 ½ feet relief and that is a
lot to consider. I don’t see the public safety issued be taken care of. I don’t see myself voting favorably for this.
MM – Motion on ZBA-2016-07 to grant a request for a variance.
NS – Second the motion
Vote 1 to 4 Motion does not carry (NS, LM, MM, JM, & AZ)
9:15PM
ZBA-2014-09
Raul Lopez
0 Dwight Street
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111-33- 0
Raul Lopez
LM – Here for a review. The conditions on this property were:
1. No vehicles for sale
2. No dismantled, inoperable, junk or parts vehicles
3. No auto body repairs
4. No vehicles for sale on property
5. No outside storage of auto parts/tires
6. No plastic and or vinyl banners/Professional signage only
7. 6 Month review
8. Hours of Operation: Mon – Fri 8:00am - 6:00pm, Saturday 8:00am – 2:00pm, Close Sundays
9. Plan as submitted
10. Parking for up to 10 customer/employee vehicles
11. Not be operated as a nuisance
12. Sunset Clause – Special permit to terminate upon the sale/transfer of the business
AP – Those were not the up to date conditions. LM – Have you closed on the property yet? RL – Not yet. Working
with the bank. LM - What we need you to do is come back to us with a parking plan with the number of cars you
want on the site, inside the fence and outside the fence. We have asked twice for the plan. We should continue this,
how much time do you need, three months sound ok? Move this to July. The property looks great, just don’t
dismantle outside.
MM – Make a motion on ZBA-2014-09 for a continuance till July 12th, 2016 – Looking for parking plan inside and
outside of the fence.
NS – Second the motion
Vote 4 – 0 to continue the review (LM, MM, NS, & JM)
9:30PM
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
Paul Amanatidis – Started getting the auto repair shop going. Still having problems with the water leaks. I thought
that someone was going to fix the problem. My Attorney is working with the City’s Attorney and not sure what is
going on with this problem? MM – Letter from Lenny Laakso, Public Works, (Exhibit “A”). PA - My Attorney does
not have this letter. MM – Conclusion is it was ground water. PA – Hired an Attorney to tell me the city pipes are on
my property and city has no easement. MM – Let’s talk about the review, you knew the culvert was there, we need to
talk about the special permit for the auto repair business. We keep talking about the same things that are problems we
see. PA – I got rid of the two trailers, trucks and cars. MM – You say that every time we talk and they end up back
on the property. JM – No more white trucks. LM – There is an RV on the property right now. PA – The RV is
registered. LM – How are you going to clean the yard up? PA – Tomorrow the excavator will be there to clean up the
back and take out the big boulders. MM – Concerned about Goddard Street, 30ft high and you are carving into that.
PA – We are just sloping it. PA – Month or so should be ready to pass inspection and open. MM – What are you
doing in the old place? PA – Trying to get my license back. MM – You said that 4 months ago and you still have not
been in front of the Board. You are running a business out of that property. PA – I am not running a business out of
there. MM – I see people in and out of their everyday. PA – I have stopped working there and just doing some
cleaning up. I know I have got busted a few times, but I am not doing that anymore. LM – I was there today and there
were a couple of unregistered cars out back, foundation digger, and RV. PA – Took care of them today. Will have
graffiti cleaned up by the person who did it. LM – We want you to have a successful business. How long is it going
to take you to clean up the property and get rid of the graffiti? PA – I am working on cleaning the back so I can pave
it. LM – What about the restaurant business? PA – Don’t know what we are going to do there because of the water
issue. LM – How is the store doing? PA – Store is doing very good. LM - Did you do everything you were
supposed to there? You were supposed to have another inspection there. Certificate of Inspection. PA – I will talk
with my son. My son will come tomorrow. LM – Move this out for a couple months. Want to see nice progress
before the summer.
MM – Make a motion on ZBA-2014-26 to put review out till June 14, 2016, Looking at paving, parking lot cleaned
up, graffiti removed, and Son come in for his certificate of inspection.
NS - Second the motion
Vote 4 -0 to continue the review (LM, MM, JM, & NS)
ADJOURNMENT
MM – Motion to adjourn
AZ – Seconded the motion
All those in favor 6-0
Agenda
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
ZONING Board of APPEALS
166 Boulder Drive
Fitchburg, MA 01420
MEETING AGENDA – April 12, 2016
Zoning Board Meeting will be held at the Municipal Offices, 166 Boulder Drive, Suite 108.
1. Call to Order PLEDGE OF ALLEGIANCE
2. Communications ATTENDANCE:
3. Hearings
CASE No. APPLICANT PROPERTY TIME
ZBA-2014-11 Sean Morrison 76 Summer Street 6:00PM
Review of a Special Permit under §181.313.C10B to allow open-air restaurant sales in the Residential C
District at 70/30/0
ZBA-2015-14 St. Bernard’s Central Catholic High School 45 Harvard Street 6:10PM
Review the Variance under §181.5363 to replace existing sign with a new electronic reader board sign
located in the Residential B District 84/89/0
ZBA-2014-01 Santo Viola/Northern Lights Realty Trust 226 WESTMINSTER ST 6:20PM
Review of a Use Variance under §181.313 to close the dining room and convert a section of the building
into a retail store located in the Industrial District at S54/1/C
ZBA-2014-06 Travis Beauvais 564 John Fitch Highway 6:30PM
Review of a Special Permit under §181.313 to open an Auto Repair Shop in the Central Business District
at 35/19/0
ZBA-2015-07 Scott Hamel 1097 Water Street 6:45PM
Review of a Use Variance §181.313.C.22 to operate a machine shop in the detached garage in the
Residential B District at 148/11/0
ZBA-2016-03 Peter Cote – 310 Main Street Realty & Trust 310 Main Street 7:00PM
Continue - Request for a Variance under §181.5363 to erect a new Electronic Reader Board Sign located
in the Central Business District at 55/48/0 310 Main Street
ZBA-2016-05 Boris Sapozhnikov 265 Summer Street 7:15PM
Continue - Request for a Special Permit under §181.313. E1 for an auto rental business at 265 Summer
Street 110/1/4 located in the Central Business District 110/1/4
ZBA-2016-04 Carlos B. Terrero – Millennium Motors 34 Bemis Road 7:30PM
Request for a Variance under §181.313.C.11 for auto sales in the Industrial District at 141/4/0
ZBA-2016-09 Herve Boucher 31 Lionel Avenue 7:45PM
Request for a Variance under §181.414 for a carport that does not meet side set backs on property located
in the Rural Residential District 151/18/0
ZBA-2016-08 Sebastian Cazard 34 Kimball Place 8:00PM
Request for a Special Permit under §181.313.D5 for a construction business, store construction vehicles
and materials on property located in the Industrial District 28/8/0
ZBA-2014-20 Sebastian Cazard 0 Crawford Street 8:15PM
Review Special Permit under §181.313.D5 to store equipment and materials used to operate a business
located in the Industrial District at 114R/9/0
ZBA-2015-01 Michael Karras – AKS Recycling & Charles George Co. 15 Cobbler Dr. 8:30PM
41 Blueberry Lane
Review of a Special Permit under §181.313.D6 to conduct a vehicle recycling and salvage business in the
Industrial District at 114R/8/0 & 114R10/2B
ZBA–2016-06 Peter Lemay – FSOC, LLC 148 Myrtle Avenue 8:45PM
Request to overrule the decision of the Building Commissioner for obtaining a Building Permit in the
Residential B District 33/124/0
ZBA-2016-07 James & Michelle Cormier 612 Elm Street 9:00PM
Request for a Variance under §181.414 for solar array to encroach into front line setback in the
Residential B District 168/23/0
ZBA-2014-09 Raul Lopez 0 Dwight Street 9:15PM
Review Special Permit §181.313.C11 & 12 to operate an automobile repair and towing service in the
Central Business District at 111/33/0
ZBA-2014-26 Paul Amanatidis 1109-1151 Main Street 9:30PM
Review of a Special Permit under §181.313C.12 to operate an automobile repair service in the Central
Business District at 17/64/0
2
4. MISCELLANEOUS –
5. ADJOURNMENT
3
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