Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 SENIOR CENTER, 14 WALLACE AV MEETING AGENDA – MAY 9, 2017 1. Call to Order: MM PLEDGE OF ALLEGIANCE: ALL 2. Communications: LM ATTENDANCE: MM, AP, NS, JM & LM 3. Hearings 6:00PM ZBA-2014-08 Timothy Pomerleau 150 BENSON ST No one in attendance for this hearing. In order to give the petitioner every opportunity to be present for his review the Board decided to continue the review to next month. AP – Motion on ZBA-2014-08 to Continue the Review to June 20, 2017 NS – Motion Seconded VOTE: (LM) 4-0 GRANT Continuance of the Review to June 20, 2017 6:15PM ZBA-2016-08 Sebastian Cazard 34 KIMBALL PL Presentation given by Sebastian Cazard stating that the demolition is completed and he is now waiting for the Engineer and pricing for the columns. MM – We have the plan from your petition. How long before you put in the columns? Mr. Cazard – About 6 weeks. NS – We knew this would be a work in progress and we would have to give him some time. JM – You have been working right along, do not have a problem since it is moving forward. MM – What is your estimated completion time? Mr. Cazard – 3-4 months. NS – I propose we have a 6 month review to allow sufficient time for the project to be completed. NS – Motion on ZBA-2016-08 to Grant a Continuance to November 14, 2017 JM – Motion Seconded VOTE: (LM) 4-0 GRANT Continuance of the Review to November 14, 2017 6:30PM ZBA-2017-15 Andrew Mercurio 38 OMENA PL Presentation given by Andrew Mercurio stating that the structure is set up as a 2-family and he would be keeping it the same. It is going to be a rental property. He is not able to create any off street parking because of the limited amount of space and the topography of the lot. This building is located on a dead- end road and is abutted by a vacant lot. The work required in the building seems minimal. He purchased the property in January and believes that the property may be interesting to college students. Those Seeking Information: None Those In Favor: None Those Opposed: Noel Plouffe of 22 Omena Pl. and representing Dr. Volk who also owns the vacant lot adjacent stated that he would not be in favor of this petition if the parking issue cannot be addressed. LM – Read comments from Police and Fire at this time (Exhibit A). JM – Have a real concern with the parking. Even in the summer it is hard to get down the street. There is barely enough room to turn around at the end. If you are parking on the street in front, other vehicles would not be able to get past your building. MM – The street isn’t much wider than a single vehicle. We require that each unit have 2 off-street parking spaces. You cannot park in the street if it impedes the access to the rest of the street. Mr. Mercurio – There is no available land with the property. There is only 13’ to the property line and is a 5’ drop. On the right of the property it is only a walkway that slopes down. MM - This is the last house on the street, but if you are parking in front of your property, the neighbors cannot get in their driveway. Mr. Mercurio – The property will be unusable if not allowed to park along the street. AP – In reviewing Chapter 40A Sec. 7, I feel we need legal clarification from City Council before we move forward with this case. This may or may not affect you, but could have an impact on our decision and we do not feel comfortable moving forward without clarification of the change in the Zoning Act. A Mutual Agreement for Extension of Time was signed at this time. MM – Motion to Continue ZBA-2017-15 to June 20, 2017 JM – Motion Seconded VOTE: 5-0 GRANT a Continuance to June 20, 2017 6:45PM ZBA-2017-16 South Middlesex Non-Profit 94 HIGHLAND AV Presentation to be given by Katherine Garrahan, David Davins and Susan Gentilli. AP – Due to the change in Ch. 40A Sec.7 we do not feel comfortable moving forward before we have clarification from our City Solicitor. LM – Explained that the Board would like to have time to meet and get a legal determination before acting on this petition. 2 Councilor Tom Donnelly – Would like to that the non-profits for coming into our city. We have more than the city needs now. The non-profits move in and bring people from other cities and towns and only add to Fitchburg’s problems rather than benefiting our City. Mutual Agreement for Extension of Time was signed at this time. MM – Motion to Continue the hearing to June 20, 2017 NS – Motion Seconded VOTE: 5-0 GRANT a Continuance to June 20, 2017 7:00PM ZBA-2017-17 Christie DeRosa 62 LINCOLN ST Presentation given by Christie DeRosa stating that he has plenty of parking on the lot. He has owned the property since January and the building will remain a 2-family rental dwelling. There are two entrances to the property and parking will be in the rear of the building. The roof is leaking and this is causing damage to the building. As soon as possible he wants to obtain a building permit to reinstate the premises. Those In Favor: None Those Opposed: None Those Seeking Information: None JM – As long as the parking will be in the rear of the building, I have no issue with the petition. NS – Will the plan before us be our parking plan? MM – Structure meets the criteria under §181.3561. The lot can accommodate parking in excess of the requirements and green space. This will be a good project for the tenants and the neighborhood. NS – This will be an improvement to the neighborhood. LM – I also agree that it meets the criteria for the grant of the Special Permit Hearing Closed: Deliberations: MM – Motion on ZBA-2017-17 to Grant a Special Permit for a two-family residence with a Parking Plan to be submitted within 30 days showing 4 parking spaces 9’ x 18.5’ not in tandem to the rear of the building and the front driveway kept open. NS – Motion Seconded VOTE: 5-0 GRANT of a Special Permit with Condition 7:15PM ZBA-2017-18 Edward Molina 21-23 FALULAH ST Presentation given by Edward Molina stating that he purchased the property 5 months ago LM-Chair – Explained to Mr. Molina that the Board is going to seek legal advise on these types of cases and asked if he wanted to proceed or would like to continue the hearing for a month. Petitioner chose to continue and a Mutual Agreement for Extension of Time was signed at this time. MM- Motion on ZBA-2017-18 to Continue the hearing to June 20, 2017 JM – Motion Seconded VOTE: 5-0 GRANT of a Continuance to June 20, 2017 3 7:30PM ZBA-2017-19 Mohammad Chaudhary 19-23 PROSPECT ST LM-Chair gave the petitioners the option of going forward or waiting till the next meeting and they chose to go forward. Presentation given by Mr. & Mrs. Chaudhary stating that the building will be a 2-family. They are removing a wall from the first to the second floor which is one unit and there is a 1 bedroom apartment on the third floor. The property will be owner occupied. Those Opposed: None Those Seeking Information: None Those in Support: Councilor Donnelly – Parts of the house have not been painted in 30-40 years. If they are going to invest in the property the neighborhood is in favor. William Walsh – It is a shame the building has been let go all these years. It has beautiful architecture. JM – This structure is in a beautiful neighborhood and the buildings architecture is historical. MM – The structure meets the criteria for reinstatement. Mrs. Chaudhary – We want to keep the look of the home. If it becomes too expensive, we will have to go with siding and keeping the detail may not be feasible. MM – What is your time line for the exterior? Mr. Chaudhary – Will be fixing the damage to the egress and then will be working on the exterior. We have no set time line at this point. NS – Being owner occupied makes me feel better about the petition. LM – All the parking will be in the same area JM – Would like a 6-month review to see how the project is proceeding. Hearing Closed: Deliberations: MM – Structure meets the criteria for a grant of the Special Permit. Would like a 6-month review and the petitioners should be sensitive to the architecture of the building and to use historical colors. MM – Motion on ZBA-2017-19 to Grant a Special Permit with conditions: 1. 6-month Review – November 14, 2017 2. Structure to remain a 2-family Residence, owner occupied JM – Motion Seconded VOTE: 5-0 GRANT the Special Permit with Conditions 7:45PM ZBA-2017-20 Michael Shepard 564 FAIRMOUNT ST Petitioners chose to go forward with their petition and were present for previous explanation of the Board. Presentation given by Michael Shepard stating that the structure is a 2-family with a 2 car garage. There is new siding, windows and roof. He will not need to change anything. He lives one block away around the corner. He has enough space to make adjustments for 2 more parking spaces. Those in Favor: None Those Opposed: None Those Seeking Information: Maureen Leger stated that she owns 3’ from their garage. She doesn’t see him being able to enlarge his parking area. The first unit has 2 bedrooms and the second floor unit has one bedroom. NS – Do not see much of an issue as there is room to make additional parking spaces. 4 LM-Chair – We do not have a certified parking plan and we should have one submitted to us within 30 days showing 2 more spaces 9’ x 18.5’. MM – This is a unique situation as and would vote favorably with a parking plan to be included in the record. Hearing Closed: Deliberations: NS – Would be in favor of the petition with a parking plan submitted within 30 days showing 2 parking spaces not in tandem with the existing garage. MM – Motion on ZBA-2017-20 to Grant the Special Permit with condition: Parking Plan showing 2 parking spaces 9’ x 18.5’ not in tandem with the existing garage to be submitted within 30 days and to become part of this record NS – Motion Seconded VOTE: 5-0 GRANT of the Special Permit with Condition 8:00PM ZBA-2017-21 Ramol Partners LLC 102 DEPOT ST Petitioners chose to go forward with their petition this evening. Presentation given by Olga Bon Illouogeh and Mr. Ramol stating that they will be removing a wall between the living room and the kitchen making an open concept. The rest of the existing layout will remain the same. They had started renovations on the 2-family because a building permit was issued before it was discovered that the property had been vacant for more than 2 years. LM – Will this be a rental, or owner occupied? Olga – Not sure yet. Have been thinking about moving into this property. They live in Boston at present. There will be 4 parking spots in the rear of the building. Even though the driveway is shared, they are looking into paving it themselves. Those in Favor: Al Mele of Wakefield, MA is in support. He is thinking of investing in Fitchburg to help turn the City around. Those Seeking Information: None Those Opposed: None MM – What is your time line for this project? Mr. Ramol – The project should take about 4 months to complete. He has a crew ready to start on this as soon as they are approved for the building permit. MM- Would like the parking spots and the driveway paved. The plan you submitted shows parking, but would like to see the parking plan by the engineer showing the dimensions of 9’ x 18.5’ for the parking spaces and a 6-month review. Hearing Closed: Deliberations: MM – Motion on ZBA-2017-21 to Grant the Special Permit with the following conditions: 1. 6-month Review at which time a parking plan showing 4 - 9’ x 18.5’parking spaces 2. Parking spaces to be paved and a recommendation that the driveway be paved NS – Motion Seconded VOTE: 5-0 GRANT the Special Permit with Conditions 5 8:15PM ZBA-2017-22 Beverly Christenson 133 MT VERNON ST Presentation given by Beverly Christenson stating that she want to extend her existing 8’ deck 8 more feet. She spoke with her abutting neighbor who lives on Blossom St and the rear of the property next to her is an empty lot. Those In Favor: None Those Seeking Information: None Those Opposed: None LM – Are you planning on putting a roof over the deck? Ms. Christenson – No, the deck will look the same, only larger. MM – I visited the property and to the left and rear the property slopes down. The existing deck on the right of the building conforms now and to enlarge the existing deck is the most appropriate site. Hearing Closed: Deliberations: MM – Meets the criteria in accordance with the topography with the slope to the left side and rear. This is the most appropriate place to enlarge the deck. Because of the drop of the abutting property, there is little likelihood of it being developed. MM – Motion on ZBA-2017-22 to Grant the Variance as requested NS – Motion Seconded VOTE: 5-0 GRANT of a Variance 8:30PM ZBA-2017-10 JMC Apartments, LLC 234 DANIELS ST Petitioner chose to continue his hearing to the next meeting on June 20, 2017. Mutual Agreement for Extension of Time was signed at this time. AP – Motion on ZBA-2017-10 to Grant a Continuance to June 20, 2017 NS – Motion Seconded VOTE: 5-0 Grant a Continuance to June 20, 2017 4. MISCELLANEOUS Mr. Kihiko spoke with the Board in regard to their denial of his petition. He is now wanting to go forward with a 2-family dwelling and has a parking plan. The Board decided if Mr. Kihiko submits a new petition no later than Wednesday May 10, 2017 by 4:00PM to the City Clerk, it will be put on the next agenda for the June Meeting. 5. ADJOURNMENT 6