Zoning Board of Appeals

Board of APPEALS 166 Boulder ZONING Drive – Suite 108 Fitchburg, Massachusetts MINUTES July 12, 2016 ATTENDANCE: Lauren McNamara-Chair, Michael McLaughlin-Co-Chair, Joseph Byrne, Joseph Marrama, Anthony Zarrella, Anna Phillips & Nicholas Squailia 1. Call to Order LM Pledge of Allegiance: 2. Communications: Attendance: LM, MM, JB, AZ, AP & NS 3. Hearings 6:00PM ZBA-2014-19 William F. Walsh 1 & 3 PROSPECT ST The Chair and abutters met with the Mayor last month. A letter was received from the Legal Department with suggestions for amending the conditions placed upon the ZBA’s decision in regard to this property and was read to all present (Exhibit 1A). Ann Saalbach had questions in regard to these suggestions as stated in her letter and it was agreed that her interpretation was correct. Ms. Saalbach and Mr. Pennetti will be having a common meter installed for the common areas of the condos with the Board’s approval. Hearing Closed: Deliberations: JM - stated that a common meter is required for those types of areas. MM – In favor of having a common meter which would make the total meters on property 3, but would also like verification that it has been wired for that purpose. A copy of the work order showing what was done would be acceptable. AZ – The proposed condition seems reasonable LM – Conditions to be placed on the decision: 1. Parking setback requirements must be adhered to; other parking requirements have been satisfied 2. The owners of 1 & 3 Prospect Street remain obligated to remove fourth electrical meter and that the third meter be wired for the common areas of the condominiums as required and siding repairs to be made no later than March 1, 2017 or before sale of property 3. Licensed electrician’s Work Order showing work done on/for common meter and removal of extra meter be presented to the Board no later than March 1, 2017 or before sale of property will suffice to close this case 4. Condo Unit located at 1 Prospect St shall not be operated, sold, or conveyed as a 2-family property 5. Condo Unit located at 3 Prospect St shall not be operated, sold, or conveyed as a 2-family property Hearing Opened: Board discussed with the owners of 1 & 3 Prospect St when they felt they could have these repairs completed and since Ms. Saalbach is leaving for Whales in 2 weeks, the March 1, 2017 deadline was agreed upon. MM – Motion to Approve the Review with the amended condition previously discussed JB – Motion Seconded VOTE: 5-0 APPROVE the Review with Amended Conditions 6:15PM ZBA-2014-18 Grecco Alonso 134 CRAWFORD ST Grecco Alonso stated that the steel framing which was a large pile has been removed. Now there is only a small casting pile on the property. Those in Support: None Those Seeking Information: None Those Opposed: None Hearing Closed: Deliberations: MM – Visited the property and Mr. Alonso has done a good job during this busy season. JM – Visited the site, looks good. AZ – Also visited the property and it looks great. MM – Review in 2 years? Rest of the Board members agreed with a 2 year review. MM – Motion on ZBA-2014-28 to Approve the Review with conditions: 1. No unregistered or inoperable vehicles on property 2. Review in 2 years, July 2018 JB – Motion Seconded VOTE: 5-0 APPROVE the Review with a 2 year Review 6:30PM ZBA-2014-04 Twin Cities Community Development Corporation 4 LEIGHTON ST Steve Cook stated that they are making progress. They began the project in March and it should be completed in mid October. Hearing Closed: Deliberations: LM – Perhaps we should have a review in November. AP – Agreed. Other Board members agreed also. MM – Motion on ZBA-2014-04 to Grant a Continuance to November 8, 2016 JB – Motion Seconded VOTE: 5-0 GRANT a Continuance to November 8, 2016 6:45PM ZBA-2015-01 Michael Karras/AKS Recycling & Charles George Co 15 COBBLER DR/41BLUEBERRY LN Chair – There is no one in attendance for this hearing and it is quite a large operation and there is no one in the audience in regard to this property. This is a Special Permit for a vehicle recycle and salvage business. MM - This was their 2nd or 3rd notice and I would like to revoke the Special Permit if the applicant cannot take the time to appear. JM – Put them on for September and hand deliver the notice. AZ volunteered to deliver this decision and have a copy signed for our records showing that they received it. MM – Motion on ZBA-2015-01 to Continue the Review to September 13, 2016 JB – Motion Seconded VOTE: 5-0 Continue hearing to September 13, 2016 7:00PM ZBA-2016-15 Pavlos Amaniatidis 1033 MAIN ST Mr. Amaniatidis presented the Board with a parking plan (Exhibit 2) as requested. No one is attendance in the audience for this hearing. JM – I noticed that you have started painting the building. Mr. Amaniatidis – Yes and the yellow lines will be done tomorrow. AZ – What about the cars in the rear of the property? Mr. Amaniatidis – Orlando Auto Sales is taking all the cars in the rear. NS – Is there going to be enough long-term parking? MM – This is for auto repair and sales and you want 8 cars for sale. If you have 8 cars for sale, there is no room for your car or an employee car. As well as, no room for snow removal. You could probably sell 5 cars comfortably. This has been a mess and it is a small lot. JB – Would not allow more than 5 cars for sale on the lot at one time. MM – That is sensible. Conditions were discussed at this time: 1. Not more than 5 cars for sale 2. Auto repairs to be done inside the building 3. Not to be operated as a nuisance 4. No dismantled or damaged vehicles stored on the lot 5. 6’ white vinyl fence placed around the dumpster 6. Replace existing fence with a white vinyl fence on the left side of the property 7. No outside storage of auto parts 8. Professional signage only, no vinyl banners etc. 9. Review in 6 months – January 10, 2017 10. Hours of Operation: Sunday – Auto Sales 8:00AM-4:00PM and no Auto Repairs Monday-Saturday Auto Sales 8:00AM-8:00PM and Auto Repairs 8:00AM-5:00PM Hearing Closed: Deliberations: JM – With the plan submitted, do not have a problem with this request. AZ – This request meets the criteria for a Special Permit and would be in favor with previously discussed conditions. Findings: A. Social, economic or community need are served because there is a need to buy and repair cars and petitioner will be buying and repairing cars B. Traffic flow and safety are addressed by the parking plan C. The surrounding structures and residential and commercial and this will not affect the neighborhood character or structures D. With conditions listed, this business will not be detrimental to the neighborhood or the City of Fitchburg NS – With only 5 cars for sale am in favor. MM – Keep vehicles off the sidewalk on Park St, it is very narrow. JB – Motion on ZBA-2016-15 to Grant a Special Permit with conditions discussed AZ – Motion Seconded VOTE: 5-0 GRANT the Special Permit with Conditions 7:15PM ZBA-2014-08 Timothy Promerleau 150 BENSON ST No one in attendance or the audience for this hearing. Jonathan from Rydemore called in to say he would not be able to attend the hearing this month. JB – Motion on ZBA-2014-08 to continue the hearing to September 13, 2016 NS – Motion Seconded VOTE: 5-0 GRANT a Continuance to September 13, 2016 7:30PM ZBA-2014-09 Raul Lopez 0 DWIGHT ST No one in attendance and no one in the audience for this hearing. MM – The property has turned into a junk yard. LM – There must be about 20 cars in the cage. MM – Motion on ZBA-2014-09 to Continue the hearing to September 13, 2016 JB – Motion Seconded VOTE: 5-0 Grant a Continuance to September 13, 2016 7:45PM ZBA-2016-19 Fitchburg Public Schools 70 REINGOLD AV Presentation given by Robert Jokala stating that the sign will be on the left of the driveway on an angle between 5’ to 10’ from the street. The sign will be seen as the cars come into the school. This will be somewhat like the sign Those Opposed: None Those in Support: None Those Seeking Information: Matthew Gauvin of 56 Reingold Av which is next door. Concerns of Hours of Operation, purpose of the sign and how it may affect his house by the light of the sign, and will it be turned off at night. Mr. Jokala showed him a picture of the driveway and put his concerns to rest with the angle of the sign and that the back of it will be facing his house and not the signage. LM – In order to move forward on this request, the Board needs a plan showing exactly where the sign will be located, the size of the sign and hours of operation. Mr. Jokala agreed to put a marker where the sign will be for the Board members next visit. He will bring a more detailed plan to accompany the Board’s decision at the next meeting. MM – Mr. Jokala could you make a note that the School Department needs to repair the fence at this school. JB – Motion on ZBA-2016-19 to Continue the hearing to September 13, 2016. MM – Motion Seconded VOTE: 5-0 GRANT a Continuance to September 13, 2016 8:00PM ZBA-2016-20 South Coast Development LLC 487 PRINCETON RD Dominick Brown requested to amend his petition request to a Special Permit under §181.4214. MM – Motion on ZBA-2016-20 to amend the petition to a Special Permit from a Variance JB – Motion Seconded VOTE: 5-0 GRANT the amendment to a Special Permit Mr. Brown stated that at the last hearing it was agreed that there would be a 6’ fence along the berm. In order to be more respectful of the neighbors wishes, he is asking for an 8’ fence to be erect 1’ from the property line. There will be no clutter because the fence will be a smooth line and the extra 2’ will be more beneficial to the abutters. This will be an 8’ white vinyl fence. The posts will be 3.5’ – 4’ below frost level. He will be submitting an engineered plan to go with the decision of the Board showing the fence. The planting will be moved so as not to interfere with the fence as they grow. Mr. Brown also asked that the planting be pushed to September as we are now experiencing a drought and there is a shortage on giant avervites. Those Opposed: None Those Seeking Information: Bruce Spence of 257 Fifth Mass Tpk. has concerns for his children playing on the slope of his land and potentially going down to their dumpster. Mr. Brown stated that there will be a vinyl screen around the dumpster and that it is approximately 50’ – 55’ in from the property line. Board requested plantings in back of the dumpster to shield it even more from the neighbor. Those in Support: William and Deborah Chur of 259 Fifth Mass Tpk. Dominick Brown said that most of the abutters seemed to be in agreement with an 8’ fence along the property line. Hearing Closed: Deliberations: MM – This request meets the criteria under 181.4214. They are doing a fabulous job on this project. JB – All for this proposal. NS – Love it JM – All set AZ – Good plan given the small variation. MM – Motion on ZBA-2016020 to Grant the Special Permit with the following conditions: 1. Plan showing fence to be submitted to the Board before this decision is recorded with the City Clerk 2. 3-4 avervites to be planted in rear of dumpster in September AZ – Motion Seconded VOTE: 5-0 GRANT of a Special Permit with Conditions 4 MISCELLANEOUS 5 ADJOURNMENT