Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 SENIOR CENTER, 14 WALLACE AV MEETING MINUTES– June 20, 2017 1. Call to Order: LM PLEDGE OF ALLEGIANCE: All 2. Communications: Bldg. Fire & Police ATTENDANCE: LM, MM, AZ & JB 3. Hearings: The time listed reflect scheduled times for the hearings. The Board did not have a quorum at 6:00PM, therefore, the meeting started later than scheduled. ZBA-2013-06 Silvia Silvera 107 DANIELS ST 6:00PM Petitioner’s case was called 3 times. No one was in attendance for this hearing. LM – Since we have made a past practice of continuing a review in order to give the petitioner every opportunity to attend, I would be willing to entertain a motion in regard to a continuance. MM – Motion on ZBA-2013-06 to Continue the Review to September 19, 2017 JB – Motion Seconded VOTE: 4-0 GRANT a Continuance of the Review ZBA-2015-02 Karen Stroparro 158 AIRPORT RD 6:10PM Presentation given by Karen Stroparro stating that the scrap metal business has been very slow. They are scraping copper and brass. They have only about 1-2 loads per week. The scale that was to be put along the building did not happen as the amounts coming into the business did not require that large of a scale at the present time. An updated plan of the property was submitted at this time (Exhibit A). Those Opposed: None Those Seeking Information: None Those in Support: Brian Rehig/Vogue Plaza Manager – In support, but do not think any of the conditions should be changed or altered. If they start using the second entrance/exit, he would like to see a fence installed. LM – Lets review the conditions placed on this Use Variance: 1. RAP product – grindings LM – This condition has been completed 2. As plan submitted/exception 7500 sq. ft. rather than 5200 sq. ft. – Updated plan submitted 6/20/2017 3. Location of scrap metal on plan – K Stroparro – Scrap is put into containers and is never left on the ground. LM – This condition has been satisfied 4. Location of roll-offs on plan in one year LM – Shown on updated plan submitted 6/20/2017 5. Not to be operated as a nuisance 6. No banners, only professional signage K Stroparro – Sign company owner is having personal problems and she was unable to have the sign in place for this hearing. MM – The condition is not putting a time frame on your sign, only that it not be a banner and must be done by a sign professional. 7. Use Variance expires in 15 years LM – This condition will remain  8. Karen Stroparro or any entity under her control shall surrender Use Variance at 150 Benson St. prior to any transfer or conveyance of the property. 9. Security camera out in front for vandalism or other affirmative steps to deter graffiti; and to monitor the screening installed pursuant to the terms of this decision. Karen Stroparro – cameras have been installed at various locations around the building. MM – Condition has been completed 10. Monitor damage to screening or buildings including graffiti is to be repaired/removed within two weeks. MM – Keep this condition 11. Improvements to the property and buildings to be completed prior to moving operation. MM – Strike 12. Left turn only upon exit from driveway onto Airport Road which abuts property of 68 Airport Rd. This issue will be addressed at the next review if the driveway is in use at that time. 13. Provide relevant notification of business, meet Fire Code for all buildings and land, notify Fire Prevention Dept. and schedule an onside visit. MM – This is completed – Strike 14. Within 30 days of this finding property is to be cleaned up of all debris visible from the roadway. MM – This was completed – Strike 15. All site work and building renovations to be completed prior to start of container and scrap metal business. MM – This was completed – Strike 16. No storage of materials and equipment until property is properly screened. Screening was discussed at this time. Ms. Stroparro stated that due to the high amount of runoff from the abutting property and the damage done by putting plowed snow on the planting meant to screen the property, the plantings were damaged and are now in bad condition. She will be replacing the screening. Pictures were submitted showing the before and after the winter, as well as, their present condition (Exhibit B). MM – This condition has been met - Strike 17. Materials and equipment shall not be stored in such a manner as to be visible from the public way or abutters. LM – Keep this condition 18. Parking Plan a submitted in front which includes six spaces for employees, one handicap spot and two customer spots. LM – Updated plan shows 7 employee parking spaces and 1 handicap space. 19. One year Review - June 2017 AZ – There is no active problems at this time according to Mr. Rehig of the abutting property and, therefore, the screening at this location is not an issue at this time. Hearing Closed: Deliberations: MM – Motion on ZBA-2015-02 to Approve the Review with the following changes to the Conditions: #1, 2, 3 and 4 STRIKE – conditions have been met and plan provided #8 change present location to 150 Benson Street, #11, 13, 14, and 15 - STRIKE, these conditions have been satisfied at the time of this review. # 16 will be addressed at the next review in June of 2018. #18 New parking plan submitted 6/20/2017 shows 7 employee parking spaces and 1 handicap space and #19 One year Review – June 2018 . JB – Motion Seconded VOTE: 4-0 APPROVE Review with Amended Conditions ZBA-2017-23 James Cheverie 27-29 HENRY ST 6:20PM Presentation given by James Cheverie stating that after he had purchased the property and was then informed that the property had been vacant for more than 2 years and he would need a Special Permit from the ZBA. Parking plan was reviewed at this time showing 4 spaces. The house is over 100 years old and he will be bringing it up to code compliance. The Cheveries will be living on the top floor and renting out the first floor. Most of the houses in the neighborhood are also non-conforming. Those Seeking Information: None Those Opposed: None Those in Support: Cassie Nusburger of 139-144 High St. Response Sheet from the Fitchburg Police Dept. “Building has a driveway. No neighborhood parking issues.” 2 JB – Where will you put the snow? Mr. Cheverie – along the side of the driveway and in the back side where there is no access to the house. He has a snow blower and plow. LM – The house will be owner occupied. Mr. Cheverie – Yes. MM – The structure is in nice shape. Would like to see the parking spaces paved or dust free material, not stones. AZ – The requirement is a dust free surface. Would like to have all the parking in the rear of the building. Mr. Cheverie – He could do that, there is enough room. Hearing Closed: Deliberations: MM – Motion on ZBA-2017-23 to Grant the Special Permit with the following Conditions: 1. Property to be owner occupied 2. Parking area to be paved 3. Parking plan of 4 spaces in rear of property in conformance with dimensional requirements to be submitted within 30 days JB – Motion Seconded VOTE: 4-0 GRANT Special Permit with Conditions ZBA-2017-24 Joanne L. Pagnotta 67 YORK AV 6:35PM Presentation given by Joanne Pagnotta stating that she is renewing the Accessory Apartment for her father-in –law who is now 96. Nothing has changed at the property. This is the 4th time she has been before the Board and there has never been any detriment to the neighborhood. Those Seeking Information: None Those in Support: None Those Opposed: None Hearing Closed: Deliberations: AZ – This certainly meets the criteria for the Special Permit. MM – Motion on ZBA-2017-24 to GRANT the Special Permit with our standard conditions: 1. Property not to be sold or conveyed as a 2-family 2. Special Permit expires in 5 years and must be renewed prior to expiration 3. Special Permit will terminate upon the transfer of the property 4. Dwelling is to be owner occupied 5. Accessory Apartment is to be occupied by a relative of the owner 6. Upon the expiration of the Special Permit the petitioner will restore the property to single family use pursuant to the plan attached to the affidavit. Including any amendments by Zoning Board of Appeals. 7. In all other respects, use of the accessory apartment shall comply with §181.34 of the City of Fitchburg Zoning Ordinance 8. A copy of this Special Permit shall be filed with the Registry of Deeds. JB – Motion Seconded VOTE: 4-0 GRANT the Special Permit with Conditions ZBA-2017-25 Frederick Mbaziira 36 ROCKLAND ST 6:50PM Presentation given by Frederick Mbaziira, Tedey Mbaziira and James Kilua of 72 Charles Pk. Way, Waltham, MA. Mr. Mbaziira bought the home in March. He liked the neighborhood, some of the people 3 have lived on the street for 20 years. They are planning on living in the home in one unit and renting out the other. MM – Would like to see the driveway paved. LM – Only two parking spaces are showing on the plan presented. To create more parking you will have to change the topography at the property. MM – Cannot tell where you would be able to make the additional 2 spaces that you need for parking. On the right side there is an easement and on the left there is only a little bit of land. This is sufficient for a single family home, but if you want this to be reinstated as a 2-family dwelling, you will need your engineer to show 4 parking spaces 9’ x 18.5’. LM – You will need to also show how the parking is to be accessed. We can continue this hearing to give you time to obtain a new certified plan showing the 4 spaces you need for parking and how you will access these spaces. MM – Motion on ZBA-2017-25 to Continue the hearing to July 11, 2018 at 8:30PM to obtain a new plan showing parking for 4 vehicles 9’ x 18.5’ and access to those spaces. AZ – Motion Seconded VOTE: 4-0 GRANT a Continuance ZBA-2017-14 Miralva Pagan 133 CEDAR ST 7:05PM The case was called by LM 3 times. No one was in attendance for this matter. MM – Motion on ZBA-2017-14 to Grant the Special Permit to reinstate a vacant/abandoned building as a 3- family dwelling located in the Residential B District AZ – Motion Seconded VOTE:d 0-4 Special Permit DENIED ZBA-2014-08 Timothy Pomerleau 150 BENSON ST 7:20PM Presentation given by Timothy Pomerleau stating that business is ok, and they are moving forward. He is making more parking for more vehicles as they are cleaning up what was left behind by Fiore. He is working with Whitman & Bingham on a new plan of the area. LM – Would like to put this out to September 19, 2017 so you have time to have your plan in place. Mr. Pomerleau – That would be good, it gives me a chance to go before Planning before I came back to the ZBA. AZ- Motion on ZBA-2014-08 to Continue the hearing to September 19, 2017 when a new plan will be presented. JB – Motion Seconded VOTE: 4-0 GRANT a Continuance ZBA-2017-15 Andrew Mercurio 38 OMENA PL 7:30PM Presentation given by Andrew Mercurio stating that he has no parking on the property and he will either need to get permission from the Board to proceed to reinstate the property without parking, or purchase property at the end of the street for parking. The proposed property to be used for parking is not adjacent to this lot, but is within 800 ft. 4 MM – We apologize for your situation, but it is “Buyer Beware”. This is an old street and is less than today’s standards, may not even be 40’ wide. Petitioner requested a continuance to July 11, 2017 to review his options in buying other property, reducing to a single family, or whatever else he may be able to do. AZ – Motion on ZBA-2017-15 to Continue the hearing to July 11, 2017. JB – Motion Seconded VOTE: 4-0 GRANT a Continuance ZBA-2017-16 South Middlesex Non-Profit 94 HIGHLAND AV 7:45PM Presentation given by David Beaz, Katherine Garrahan, and Matthew Lane of SMOC stating that the proposed use of the building will be educational, therefore the previous Building Commissioner was in error with his decision. The information contained in their petition packet and two other letters received during the prior month were discussed at this time. There would be 17 rooms for clients living in the building. Education is provided by case managers and the house manager who are not necessarily licensed for education. They teach self sufficiency (educational improvement of life skills) to homeless people, mentally handicapped, and/or drug related disabilities. MM – What attracts you to Fitchburg? Mr. Lane – It is a central location and fits people in this situation that want to live in the Fitchburg area. MM – You clients will be coming from all over the state? Mr. Lane – Yes, that is possible. AZ – Requested time to look more closely at the Dover Amendment and the abandonment issue before making a decision. MM – Also needs more time to digest all the information presented this evening before voting. SMOC has 2 houses in Fitchburg at present, Myrtle Ave (13 people) and Holt St (48-52 people). Petitioner requested a continuance for the Board to do more research believing that this will enable the Board to be more inclined to vote in their favor. AZ – Motion on ZBA-2017-16 to Grant a Continuance to September 19, 20017 JB – Motion Seconded VOTE: 4-0 GRANT a Continuance ZBA-2017-18 Edward Molina 21-23 FALULAH ST 8:00PM Petitioners chose to move forward this evening with a 4 member Board. Presentation given by Edward and Tony Molina stating that they did not know about the abandonment issue until they went to have the gas turned on. MM – This property was originally built as a 2-family, not a 4 unit building. You would have to sprinkler the building for a 3+ unit building. Also, you need 2 parking spaces per unit with a 3’ buffer from the property lines. Petitioner requested to amend their petition changing it from a 4 unit request to a 2-family dwelling. AZ – Motion on ZBA-2017-18 to amend the petition to read “to reinstate an abandoned/vacant building as a 2-family dwelling …”. 5 JB – Motion Seconded VOTE: 4-0 GRANT Petition Amendment The parking plan was revised at this time (Exhibit G) striking the initialed parking spots dated 6/20/2017 for the requested 2-family dwelling. Those Seeking Information: None Those Opposed: None Those in Support: None MM – Now meets the criteria to grant the Special Permit in regard to parking and structure. Meets the purpose of the zoning ordinance by lessening the congestion in the neighborhood. AZ – This building is architecturally appropriate for rehabilitation and meets the parking requirements for a 2-family dwelling. MM – Motion on ZBA-2017-18 to Grant a Special Permit to reinstate the abandoned vacant building as a 2- family dwelling with conditions: 1. Parking per revised plan dated 6/20/2017 2. One kitchen in each of the 2-units to remain (other kitchens to be removed) AZ – Motion Seconded VOTE: 4-0 GRANT Amended Special Permit ZBA-2017-10 JMC Apartments, LLC 234 DANIELS ST 8:15PM Presentation given by Jose Mendez stating that he has had such a difficult time with this property that he is now planning to sell all his properties and get out of town. Board - There is no parking on the property and the building is not in good condition. Petitioner requested a continuance to July 11, 2017. AZ – Motion on ZBA-2017-10 to Continue the hearing to July 11, 2017. J B – Motion Seconded VOTE: 4-0 GRANT a Continuance 4. MISCELLANEOUS Plans submitted as requested were reviewed and initialed by the Chair: ZBA-2017-17 has submitted the plan showing parking as request at the last meeting. ZBA-2017-20 has submitted the plan showing parking as request at the last meeting 5. AZ – Motion to Adjourn JB – Motion Seconded VOTE: 4-0 ADJOURNMENT 6