Zoning Board of Appeals

Board of APPEALS Senior Center, 14 Wallace Av Fitchburg, Massachusetts MINUTES June 14, 2016 ATTENDANCE: Lauren McNamara-Chair, Michael McLaughlin – Co-Chair, Joseph Byrne Joseph Marama, Anthony Zarrella, & Nichols Squailia 1. Call to Order LM Pledge of Allegiance: 2. Communications: Attendance: LM, MM, JB, AP JM & NS 3. Hearings 6:00PM ZBA-2014-18 Grecco Alonso 134 CRAWFORD ST No one in attendance for this hearing. Because the meeting had been moved from the City Offices to the Senior Center, the Board decided to continue the hearing to the July meeting. The property has been cleaned and the fence is in the back ready to be put up. Michael McLaughlin – Motion on ZBA-2014-18 to grant a continuance to July 12, 2016 Joseph Byrne – Motion Seconded VOTE: 5-0 GRANT of a Continuance 6:15PM ZBA-2014-04 Twin Cities Community Development Corporation 4 LEIGHTON ST No one was in attendance at this time for the meeting. Michael McLaughlin – Motion on ZBA-2014-04 to grant a continuance to July 12, 2016 Joseph Byrne – Motion Seconded VOTE: 5-0 GRANT of a Continuance 6:30PM ZBA-2015-07 Scott Hamel 1097 WATER ST Scott Hamel stated that the business is going well, but tough. He would like to hire one person, but sales do not allow it to be financially feasible. Those Seeking Information: None Those Opposed: None Those In Support: None Board members discussed how the property does not appear to have any type of business going on. Conditions under §181.332 stand with no review and additional condition: Not to be operated as a nuisance. Hearing Closed: Deliberations: Michael McLaughlin – Motion on ZBA-2015-07 to Approve the Review of the Special Permit with conditions discussed. 1. Fully complies with §181.3312, 181.3313, 181.3314, & 181.3317; and §181.332 2. Not to be operated as a nuisance Joseph Byrne – Motion Seconded VOTE: 5-0 Approve the Review of the Special Permit with conditions 6:45PM ZBA-2014-13 Carstar Atlantic Auto Body 120 JOHN FITCH HWY Board reviewed the conditions placed on the Use Variance with the petitioner and found that all the conditions have been met. Those Seeking Information: None Those Opposed: None Those In Support: None Michael McLaughlin – The sign is pretty intense. There have been no complaints, but he is concerned that it may be too distracting. We as a Board need to be conscious and cautious. Perhaps you could be in more still advertising mixed in between the animation. Nicholas Squailia – Until it’s a problem, it’s not a problem. This is a commercial spot and the business looks good and is well taken care of. Hearing Closed: Deliberations: Board discussed changes to the conditions striking #3. Findings: B. more still advertising will be sprinkled in between the animation Michael McLaughlin – Motion on ZBA-2014-13 to Approve the Review of the Use Variance with conditions Joseph Byrne – Motion Seconded VOTE: 5-0 Approve the Review with conditions 7:00PM ZBA-2015-01 Michael Karras/AKS Recycling & Charles George Co. 15 COBBLER DR/41 BLUEBERRY LN No one in attendance for this hearing. Board will continue the haring again to July 12, 2016 at which time if the petitioner or his representative is not in attendance, the Special Permit will be revoked. Michael McLaughlin – Motion on ZBA-2015-01 to Grant a Continuance to July 16, 2016 Joseph Byrne – Motion Seconded VOTE: 5-0 GRANT a Continuance 7:15PM ZBA-2016-15 Pavlos Amanatidis 1033 MAIN ST (Lauren McNamara recused herself from this case) Pavlos (Paul) Amanatidis stated that James Pappas still owns the property. Mr. Ananatidis was operating at this location for 2½ years and had his Special Permit revoked ZBA-2012-35 and that is why he is before the Board with a new application for auto repair and sales. Attorney Edwin Howard Sr. is representing Mr. Amanatidis. Joseph Marama – It is difficult to request a special permit from this board when you are not taking proper care of your property. This is a small lot and it is important to keep things orderly. How many cars will be for sale and for repair on the property: Mr. Amanatidis – 10 cars for sale and 3-4 cars for repair at a time. That is what we had before. Attorney Howard – The lot at 1109-1151 has plenty of room to put cars if he has too many for this lot. Michael McLaughlin – Just so you are aware Attorney Howard, the board has been trying to have the conditions placed upon this special permit complied with since 2007. This property has been an ongoing problem for some time. Also, you will need to go to City Council for your dealer’s license to sell vehicles. The stripes on your lot do not match the parking plan submitted with your request. Your parking plan shows that you cannot drive a vehicle into the bays. Need a true plan of your parking and the traffic flow in order to entertain an approval of the Special Permit. The plan should also reflect the dimensions of the parking spaces and it should be certified. The color of the building was discussed as it had recently been painted electric blue. Mr. Amanatidis said he would be returning it to the brown and yellow that it was prior. Joseph Byrne – Motion on ZBA-2016-15 to Continue the hearing to July 12, 2016 for a parking plan Nicholas Squailia – Motion Seconded VOTE: 5-0 Grant a Continuance to July 12, 2016 7:30PM ZBA-2014-26 Paul Amanatidis 1109-1151 MAIN ST Mr. Amanatidis stated that the upper part of the parking lot should be completed in approximately a weeks time. The inside of the building is complete and the equipment has been ordered. Attorney Howard stated that he had spoken with Assistant City Solicitor, Mark Goldstein, and there is no city easement on the property on record. Mr. Amanatidis stated that the city has not fixed the water problem on his property. Michael McLaughlin – The water issue was a preexisting problem and it is not under this board’s jurisdiction. Attorney Howard, you may want to contact the DPW in regard to this. Joseph Byrne – One condition placed upon this special permit was no unregistered vehicles, Nick and I saw 8 of them. Also, there was a car for sale in violation of condition #2. Michael McLaughlin – None of the conditions have been met at this location. Have you been issued a permit from the Building Department? Mr. Amanatidis – No. MM – The great vision you have for this property is not happening. If the project does not get completed and you are unable to meet the conditions this is not going to happen. Nicholas Squailia – The problems with this property have been going on for some time. Michael McLaughlin – You cannot have cars for sale, you do not have a license to sell. Joseph Byrne – You have a lawyer now, put him to work and come back to us with a complete plot plan showing parking and traffic flow. Anthony Zarella – Agree with everything that has been said. If we are dealing with a preexisting water condition, there may be an easement by implication. Nicholas Squailia – Motion on ZBA-2014-26 to Continuance the hearing to September 13, 2016 Joseph Byrne – Motion Seconded VOTE: 5-0 Grant of a Continuance to September 13, 2016 7:45PM ZBA-2016-16 Fitchburg Public Schools 376 SOUTH ST’ Robert Jokala from the Fitchburg Public Schools stated that they will be moving the sign further up the hill on the property so that it will be visible to traffic from both sides. Lauren McNamara – Will you be keeping the sign that is next to the main building? Mr. Jokala – Yes Those Seeking Information: None Those Opposed: None Those In Support: Mark LaLancette, 389 South St., on the corner of South and Colburn streets. Anthony Zarrella – The sign is a great idea. Will be looking at how the criteria can be met. The existing sign is viewed by only one side of traffic. Michael McLaughlin – We look at every case on an individual basis. In this instance, there are residences in the area and we would like more static than animation in the sign. There could be a reduction in the hours of operation. Lauren McNamara – In favor of the petition with limited hours, such as the board placed on Goodrich School and to include public service announcements. 1. No flashing, blinking, or video of sign 2. Location of sign as per plan 3. Public Service announcements to be included in the text, such as: time, temp and amber alerts 4. Sign to be maintained in good condition and repair 5. Sign to meet D.O.T. standards 6. Sign to be vandal proof 7. Not to be operated as a nuisance 8. Hours of Operation: Monday-Friday 7:00AM – 9:00PM Joseph Byrne – Will you be taking any of the trees down? Mr. Jokala – No, they will not be in the site line. Hearing Closed: Deliberations: Anthony Zarella – Given the particulars of this petition, speaking to the visibility issue positioning the sign further up the hill removes it further from the roadway and visual form both directions of traffic will not be impeded. Michael McLaughlin – Agree with Anthony, in favor Lauren McNamara – Also in favor of the petition Michael McLaughlin – Motion on ZBA-2016-16 to Grant a Variance for an Electronic Reader Board Sign with condition previously discussed Joseph Byrne – Motion Seconded VOTE: 5-0 GRANT of the Variance with Conditions 8:00PM ZBA-2016-17 Fitchburg Public Schools 615 ROLLSTONE ST Robert Jokala and Mr. Thomas, Memorial School Principal, stated that the new Electronic Reader Board Sign will be the same size and footprint as the existing sign and will be put in the current location. It is 10-15’ off the sidewalk. There is a cemetery across the street and only 2 residential houses at the bottom of the street, the rest being commercial. Those Seeking Information: None Those Opposed: None Those In Support: Scott Alborne Anthony Zarrella – There is nothing but one house, the cemetery and businesses within the direct line of site of the sign. Michael McLaughlin – Your doing a great job with the school signs. Hearing Closed: Deliberations: Anthony Zarrella – The sign will be in the existing location and the normal residential concerns will not be impacted in this location. Michael McLaughlin – Motion on ZBA-2016-17 to Grant a Variance with the same conditions as prior case Joseph Byrne – Motion Seconded VOTE: 5-0 Grant of the Variance with Conditions 8:15PM ZBA-2016-18 Bounseum Bounsouk 357 ROLLSTONE ST Mr. Bounsouk stated that he would like to reinstate the laundromat on the first floor of his building. His tenants use the parking now, but he would designate certain spaces for them to use once the laundromat is ready to open. The machine were there when he bought the property and he has been fixing them slowly. He has also been doing work on the building. The second floor is rented, but the top floor still needs work. Those Seeking Information: None Those Opposed: None Those In Support: None Michael McLaughlin – According to our by-laws, we are not allowed to grant a use variance in a residential district. Anthony Zarrella - Also, we cannot grant a special permit for a non-conforming use now that the property has reverted back to a conforming use. The laundromat has been in business for over 10 years. Lauren McNamara – You need a denial from this board so that you can proceed to the court to ask relief there. Hearing Closed: Deliberations: Michael McLaughlin – Much as we would like to help you and have the property be productive again, we are not allowed by our by-laws to grant your request. Lauren McNamara – This is unfortunate, but in order to get to your next level of appeal, we must deny your request. Michael McLaughlin – Motion on ZBA-2016-18 to Grant a Use Variance Joseph Byrne – Motion Seconded VOTE: 0-5 Use Variance DENIED 8:30PM ZBA-2015-18 South Coast Development, LLC 487 PRINCETON RD Dominick Brown stated that they are moving ahead with construction. He would like to put the proposed fence on top of the berm. It will make the fence 2½’ higher and will capture headlights more efficiently and effect the neighbors less. Will use spot trees on either side of the fence as long as it does not interfere with the water flow to the retention pond. The fence will go along the berm all the way to the back corner of the property. Michael McLaughlin – How far back from the property line is the berm? Mr. Brown – It is approximately 20’ back tapering to 6’ from the property line. Mr. Brown has tried to address the needs of the neighbors and has been able to accommodate the majority of their concerns. Philip Chura of 59 Fifth Mass Tpk had concern about the snow storage at the rear of the property. Mr. Brown – We are not allowed to push the snow to the catch basin and it will have to be put to the rear of the property. Ty Nguyen – Has had concerns since the beginning with the catch basin, retention pond. Once they build the cylinder that is higher than his backyard he is convinced that the runoff will go onto his property. Mr. Brown – The engineers have assured me that this will not happen. The proposed plan was approved and it has been built exactly as proposed. Mr. Nguyen was also concerned with the swale being built along the property line. He is afraid the water will back up in the swale and dump into his property, then there will be mosquitoes etc. Lauren McNamara – Mr. Nguyen, have you had water problems in the past. Mr. Nguyen – Yes, that is why I am so concerned. At present the existing swale is dry, but this is not the rainy season. Mr. Brown – The swale is on the property line and is lower than his yard. The berm is there to stop the water from getting out of the retention pond. Water will flow downhill to the catch basin. Lauren McNamara – If Mr. Nguyen has a problem in the future that he has not previously had we will address it at a review. Nicholas Squailia – This project should help alleviate the water from going into his back yard. Mr. Nguyen made a suggestion to make the swale deeper and fill with crushed rocks, but the project is almost finished and too much of the work would have to be replaced to dig it out again. Michael McLaughlin – We are conscious of your concerns. Should we put the project on for a review in 6 months or a year to see how the project has performed? We won’t know until some time passes if there is a problem. Mr. Nguyen does not want to see the swale from his property, concerned he would have to maintain it because the fence will be further in. He like his property clean and thinks this will make it messy. 3 of the attending abutter want the fence on the berm and Mr. Nguyen and his wife do not. Nicholas Squailia – This is an engineered plan, we need to wait and see how it performs. The fence will be best placed on the berm for the majority of the neighbors. Joseph Marama – Should not create problems that have not happened yet. Believe that everyone will be happy with the project once it is completed. Lauren McNamara – Can the fence be angled or planting placed between the fence and the swale along Mr. Nguyen’s property line? There is not room for plantings Joseph Byrne – Let’s put this on for a review in 9 months to a year to see how the project performs and if there are any water issues at that time. Michael McLaughlin – Lets let the project get finished and then see what happens. Mr. Nguyen voiced his concerns again and yet again, but with no new information or concerns. The board listened and told him that they were taking his concerns seriously and under consideration. Hearing Closed: Deliberations: Joseph Marama – In favor of a 9 month review and have confidence the engineered plan and the company doing this project. Put the fence on the berm where it needs to go. The company will do the right thing for this project. We cannot always please everyone, but Mr. Brown and this board have tried to work with the abutters and to address all their concerns. Lauren McNamara – In favor of the plan and the project. We appreciate how you have worked with us and the neighbors. Having the fence on top of the berm will please the majority of the neighbors. Plant trees where you can along the property line as long as it does not interfere with the drainage. Michael McLaughlin – Motion on ZBA-2015-2018 to Approve the Review with any conditions to be placed on the Variance at the Review to take place March 14, 2017. Joseph Byrne – Motion Seconded VOTE: 5-0 Approve the Review with review in 9 months – March 14, 2017 8:45PM ZBA-2016-12 Kenneth Krapf 655 WESTMINSTER ST Mr. Krapf presented a certified plat plan to the board as requested showing placement of the sheds and traffic flow. The first shed will be approximately 20’ from the road. There will be 6 sample sheds on display. Those Seeking Information: None Those Opposed: None Those In Support: None Joseph Byrne – Property has been clean and buildings have been painted. It looks great. Lauren McNamara – Appreciate you taking in the suggestions we discussed at the prior meeting. Hearing Closed: Deliberations: Joseph Byrne – Happy with the proposal, it will be a good business for that location. Nicholas Squailia – Should have a review in a year and let these people open up and sell sheds. Joseph Byrne – In regard to the criteria: A. The grant of this use variance for open air sales in the Industrial District does not create substantial detriment to the public good and will not nullify or substantially derogate from the intent and purpose of this chapter B. The retaining wall creates a buffer from the surrounding area and will not create a hardship to the neighborhood C. The proposed use will not disturb the existing character of the neighborhood as Westminster Street has many commercial businesses Michael McLaughin – Motion on ZBA-2016-12 to Grant a Use Variance with a 3 month Review and conditions may added at time of Review – September 13, 2016 Joseph Byrne – Motion Seconded VOTE: 5-0 Grant the Use Variance with condition 9:00PM ZBA-2015-02 Karen Stroparro 158 AIRPORT RD Karen Stroparro stated that the project is moving forward and she would like to have a couple of her conditions changed. One of the conditions is in regard to only taking a left hand turn out of the property which causes the drivers to go across traffic. This is not a safe practice and should be changed. Rather than having to put a vinyl fence along the property, she would prefer to use large rocks and plantings to block the view of her business from the road. At this time the board reviewed the conditions with the petitioner and found that: Condtiion #5 of the Planning Board decision is in regard to the fence and Ms. Stroparro will need to address that particular issue with Michael O’Hara and the ZBA is in support of the planting rather than a fence now that the building and property has been cleaned up and improved. Condition of ZBA #18 change to: Parking plan as submitted with 6 employee spaces in front, one handicap and 2 customer spaces. Strike Condition #19, 20 and 21. Condition #22 to read: Review in 1 year – June 2017. Other conditions to remain the same. Hearing Closed: Deliberations: Michael McLaughlin – Motion on ZBA-2015-02 to Approve the Review and make changes to the conditions Joseph Byrne – Motion Seconded VOTE: 5-0 Approve the Review with changes to conditions 4 MISCELLANEOUS 3. ADJOURNMENT