Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 MINUTES OF THE MEETING July 11, 2017 1. ATTENDANCE: LM, MM, AZ & JB 2. PLEDGE OF ALLIGENCE: All 3 CORRESPONDEN LM 4. HEARINGS: Note: Before each hearing this evening the Chair asked each petitioner if they would like a continuance or were prepared to move forward with only a 4 member Board needing a unanimous vote to have their request passed. All petitioners in attendance chose to move forward. ZBA-2013-08 Maria Mendoza 494 ROLLSTONE ST 6:00PM Presentation given by Maria Mendoza and her daughter, Gracie, stating that she will be moving back to the Dominican Republic. Petitioner stated that she is no longer operating her business and that her house is for sale. No one in the audience for this hearing: AZ – The Special Permit will be expiring according to condition #4 of the Special Permit. “ 4. Special Permit to terminate/expire upon the sale/transfer of the property or change of ownership/operation from Maria Mendoza”. This makes this review moot and business expires with the sunset clause. LM – Want to say that you have done a great job with the property and your business. MM – Motion on ZBA-2013-08 to Approve the Review and make a finding that the Special Permit is expired as of 7/11/2017 JB – Motion Seconded VOTE: 4-0 Approve Review and Expiration of Business ZBA-2014-09 Raul Lopez 19 DWIGHT ST 6:10PM Mr. Lopez stated that there are still some legal matters pending before he can purchase the property. Petitioner requested a continuance hoping to have the lien matter cleared up. No one in the audience for this hearing: MM – Motion on ZBA-2014-09 to Continue the Review to October 10, 2017 JB – Motion Seconded VOTE: 4-0 Continue Review to October 10, 2017 ZBA-2016-12 Kenneth Krapf 655 WESTMINSTER ST 6:20PM No one is in attendance for this hearing. Kathleen, ZBA Secretary, received a note in regard to Mr. Krapf stating that he does not want to continue with the Use Variance (Exhibit A) because he has never used it. MM – It has been a year since the Use Variance was granted and he has not implemented it and has no intention of using it, it has expired. A variance must be substantially commenced within 1 year. By action of law this Use Variance expired June 22, 2017. MM – Motion on ZBA-2016-09 at the Review it is found that the Use Variance granted June 22, 2016 has expired by an action of law JB – Motion Seconded VOTE: 4-0 Use Variance Expired 6/22/2017 ZBA-2016-26 Brett Usher & Silvia Calvillo 162 MARSHALL ST 6:30PM Presentation given by Brett Usher and Silvia Calvillo stating that the electrical and plumbing are completed. The driveway is finished and the building is rented. Silvia Calvillo stated that the driveway company was supposed to line the spaces for parking, but did not do it. She has to get them to come back and do that. MM – The space in the front where someone is parking was supposed to be made into green space according to Condition #2 of the Special Permit. JB - I do not see how you have enough parking for all the units in the rear. There are tables and chairs in the area that should be used for the turning of the vehicles. LM – You stated to us that the building would be owner occupied, are you living there. Mr. Usher – No, we live in Ashburnham and were planning on moving there maybe next year. LM – Disappointed in that you gave us inaccurate information at your original hearing and have not complied with the conditions imposed on the Special Permit. MM – Would like to see the blacktop removed from the front of the house and permanent green space put there. JB – The property does not match the conditions placed on this Special Permit. You presented this request to us as being an owner occupied building. The conditions on the Special Permit are to be met. Parking in rear to be 9’ x 18.5’ with a 3’ buffer. MM – Motion on ZBA-2016-26 to Continue the Review to October 10, 2017 to allow petitioners to complete the Special Permit conditions. AZ – Motion Seconded VOTE: 4-0 Grant a Continuance ZBA-2016-27 Ashley Owens & Jamie Schwadel 108 LEIGHTON ST 6:40PM Presentation given by Ashley Owens and Jamie Schwadel stated that the painters are in and they are planning to have the project completed by August1. They have had a couple of delays during the renovation. Photos of proposed look of the house and before work began submitted (Exhibit B). Those In Support – Harold Mateo JB – Outside of the building is covered with paper and still needs to be completed. MM – Motion on ZBA-2016-17 to Grant a Continuance of the Review to October 10, 2107 AZ – Motion Seconded VOTE: 4-0 Grant a Continuance 2 ZBA-2016-28 Jason M Andrews 275 CLARENDON ST 6:45PM Presentation given by Jason Andrews stating that the dwelling is a work in progress. He is living on the second floor and has rented out the first floor. He has enough parking for 7 cars; 5 outside and a 2-stall garage. No one is in the audience for this hearing. MM – Always like to see a parking plan, but it is apparent that the property has an excess of parking. All Board members were in agreement and suggested that the conditions be stricken from the Special Permit. MM – Motion on ZBA-2016-23 to Approve the Review removing previous conditions JB – Motion Seconded VOTE: 4-0 APPROVE the Review Striking Conditions ZBA -2017-26 Brothers Parking Lots & Roads 126 JACKSON AV 7:00PM Presentation given by Eric Stanley stating that he will be demolishing the existing dwelling, build a new single family home with an office for his small paving business approximately 0’ x 40’. He will have only one commercial vehicle with the company advertised on it, roughly the size of a pick-up truck. He also has his own personal pick-up truck and his wife has a car. No materials associated with the business are to be stored on the property. The only sign in regard to the business is on the commercial vehicle. The property will be landscaped and the driveway and parking will be paved. There will not be any customer visits to the property. There will be no employee parking. MM – Would like to see a plan showing the driveway and 9’ x 18.5’ parking spaces and without the out buildings that you are removing. There are other residential properties to the right of this one in the neighborhood. A very mixed use neighborhood with commercial, residential and some industrial. AZ – After seeing what was there, any project would be an improvement to this property. LM – There is plenty of space for parking. Fire Department Response and Police Traffic Division Response were read at this time (Exhibit C & D). MM – Under §181.962: 1. The proposed use is in the public interest 2. The proposed use will not create a hardship to the neighborhood to the right of the property are residential properties and a residential use is less detrimental than an industrial use. 3. The existing character of the neighborhood is mixed; with residential, commercial and industrial uses. 4. Under §181.9614: Due to the condition of the existing structures on this property desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating form the intent or purpose of this chapter Hearing Closed: Deliberations: AZ – With the information given this evening the criteria under §181.331 a Home Occupation - As Right have been met. 3 MM - Motion on ZBA-2017-26 to Grant a Use Variance to demolish existing house and to construct a new single-family house with a home office for paving business with the following conditions: 1. Review November 14, 2017 2. Revised plan of the property showing parking with spots 9’ x 18.5’, removed out buildings and showing structure not to be larger than the plan in the application to be submitted at review. 3. Property shall be landscaped with driveway and parking area paved 4. No storage of materials associated with the business stored on the property 5. Only one commercial vehicle, not in excess of 10,000 lbs., with advertising to be at the property 6. Use Variance will terminate/expire upon the sale/transfer of the property or a change in owner/operator of the business from Eric Stanley JB – Motion Seconded VOTE: 4-0 GRANT of a Use Variance with Conditions ZBA-2017-27 Juan Rodriguez 91 MILK ST 7:15PM Presentation given by Juan Rodriguez and Jim Hazelrigg, contractor, stating that he wishes to amend the petition from a 3-unit building to request a 2-family dwelling. The first and second floor will remain the same and the third floor will be fully gutted out and used for attack space and storage. Will be replacing windows, vinyl siding and whatever else the structure requires. Those Seeking Information: None Those Opposed: None Those in Support: Harold Mateo – What has been done there is really nice. Hope the Board approves this petition. Lyndrunette Anderson of 8 Brigham St – Doing a miraculous job and want to commend the petitioner. MM – The building has architectural merit and the property has a lot of land. There is also plenty of parking space on each side of the property leaving the front open for green space. Would like petitioner to bring back a revised plan showing the parking. AZ – Drove to the property yesterday; potentially beautiful. It will be better as a 2-family and I agree that the parking should be on either side. LM – Response from the Fire Department and Police Department were read at this time (Exhibit C & D). Hearing Closed: Deliberations: AZ – In favor of a 2-family with a review in December at which time the revised parking plan showing 4 spaces 9’ x 18.5 be submitted. Also, the third floor kitchen and bath be removed completely making it incapable for use as a dwelling unit. With these conditions the request meets the criteria for reinstatement. MM – Motion on ZBA-2017-27 to Grant to amend the petition from a 3-unit request to a 2-family dwelling JB – Motion Seconded VOTE: 4-0 Grant the Amendment to the Petition MM – Motion on ZBA-2017-27 to Grant a Special Permit to reinstate the property as a 2-family dwelling with the following conditions: 1. Third floor to be used as attack space and storage with removal of kitchen and bath 2. Review December 12, 2017 – Revised parking plan showing spaces on sides of property and green space in the front to be submitted at this review AZ – Motion Seconded VOTE: 4-0 Grant of a Special Permit with Conditions 4 ZBA-2017-28 Jeffrey Summers 4 BRIGHAM ST 7:30PM Chair owns property next to this petition (2 Brigham St.), but feels she can be objective. There are only 4 members on the Board this evening and petitioner was advised that he could have the hearing continued to the next meeting at which time the Chair could recuse herself from the case. Petitioner chose to go forward with the 4 member Board and was comfortable leaving Lauren McNamara to vote on his case. Presentation given by Jeffrey Summers stating that this will be a single-family rental property and not owner occupied. Those in Support: None Those Opposed: None Those Seeking Information: Lyndrunette Anderson – concerns that this will be a recovery home as he has several in the city already. She has children and grandchildren that come to her home and she is concerned for their safety from the homes potential clientele. LM – Fire Department and Police Department Response read at this time (Exhibit C & D). JB – Did not see 2 parking spaces, possibly one, tandem parking does not count toward spaces. If you have tandem parking, how would you move the snow in winter? Would like to have a condition not to be operated as a nuisance. MM – What will be your total investment in this property? Mr. Summers stated that he purchased the property in October, 2016 and did some minimal work, painting. He plans on putting hardwood floors and new ceramic tile. MM – What is your total, not the item break-down. Mr. Summers – Approximately $10,000. MM – Do you plan on selling the property to your non-profit corporations? Mr. Summers – No, single family rental or perhaps rent-to-own. MM – Property needs a significant amount of work, your investment will only be scratching the surface. LM – What are your intentions on fixing the property? Mr. Summers – New electric service – 200 amps., hardwood floors, tile, new kitchen appliances and baths, new heating system and overall painting. Hearing Closed: Deliberations: AZ – At some point in the future it may be rented out to more than a single resident and need to show 2 parking spaces 9’ x 18.5’ not in tandem. MM – I can be flexible with the parking. If we approve this petition, would like to see vinyl siding as part of the investment. Sinding there now is asbestos in fair to poor condition. Also, the porches, decks and stairs should be replaced, as well as, windows and doors that have been boarded up. When we approve reinstating these abandoned properties the Board is looking to improve the neighborhood. MM -With the conditions discussed, I would be prepared to move forward, am all for this property being used again. JB – Since the Board has been saddled with these type of petitions, I have been strict with the parking issue. I am willing to let this issue slide and allow this request as this is a cottage type neighborhood and it is a single-family home. MM – The conditions the Board has discussed to impose on this Special Permit are to help make the neighborhood better by insuring that the reinstatement is done in such a way that it is an improvement. 5 LM – Although parking is at a premium in this neighborhood, it is good not to have an abandoned building. I agree with the items the Board has discussed and would be in favor of granting relief to the applicant. We are bending the parking regulation and trying to work with the petitioner for the reinstatement of the property. MM – Motion on ZBA-2017-28 to Grant a Special Permit for a single family dwelling with the following conditions: 1. Review in 9 months – April 2018 2. Structure will have vinyl siding 3. Deck, porches, stairs, windows and doors to be replaced 4. Not to be operated as a nuisance 5. Project to be completed and all debris removed from the property before any sale thereof AZ – Motion Seconded VOTE: 4-0 Grant of the Special Permit with Conditions *Condition #5 was added after the vote: AZ – Motion to amend conditions and add #5 JB – Motion Seconded VOTE: 4-0 Amend conditions to add #4 listed above ZBA-2017-29 Lionel-Wilfred Properties LLC 31 PLEASANT VIEW AV 7:45PM Presentation given by Gene and Christine Coutu stating that they will be leaving the home in the same footprint. There is a 2-stall garage on the property. They are hoping to spend $45,000, but expect there may be other expenses are they are doing the project. The single-family home will not be owner occupied. It is in a nice neighborhood on a dead end street. They have cleaned up the trash that was on the property and were thanked by all the neighbors. They will be putting in a new kitchen and bath using all licensed people. They do not live in the City, but do have a vested interest as family and friends live here. Those Seeking Information: None Those Opposed: None Those in Support: None MM – The property has a lot of land and a great house in a good neighborhood. Would like to see the deck and shed abutting the property gone. Petitioner stated that he intends to remove those. AZ – This is a single family home with plenty of off street parking space. LM - Fire Department and Police Department Response read at this time (Exhibit C & D). Hearing Closed: Deliberations: MM – In favor, meets the criteria. Nice structure with architectural features, neighborhood predominantly single family homes, plenty of off street parking with a 2 car garage. Would like a condition that the deck and shed be removed within 30 days of the permit. AZ – Request will not overburden traffic flow and safety. MM – Motion on ZBA-2017-29 to Grant a Special Permit for a single family home with the following conditions: 1. Deck and shed to be removed within 30 days of obtaining permit AZ – Motion Seconded VOTE: 4-0 Grant Special Permit with condition 6 ZBA-2017-30 Seni Real Estate Holdings 103 NASHUA ST 8:00PM Presentation given by Harold Mateo stating that the property is a 2-family dwelling and he will not be changing the structure. He will be bringing the building up to code and will be putting in real doors and any windows that are boarded up and a total gut job. There is parking in front of the property. He will be investing approximately $110,000, siding, windows and new paint. Porches in rear are new and were done prior. Those in Support: None Those Seeking Information: None Those Opposed: None LM – Fire Department and Police Department Response were read at this time (Exhibit C & D). MM – The parking on this plan does not work. It is showing 8’ x 18.5’ and the standard is 9’ x 18.5’ for a parking space. JB – Hard to give the relief you seek if your parking does not meet the requirement. In the 1900’s when this was built, people didn’t have cars. MM – Would be in favor with a condition for 2 parking spaces 9’ x 18.5’ on the property. On street parking is allowed for other 2 spaces. Would also like a timeline condition for the restoration. Hearing Closed: Deliberations: MM – Would be in favor with condition for a revised plan showing two 9’ x 18.5’ parking spaces with green space in the front of the property and a 6 month review. AZ – Petitioner stated that this will be a total gut job bringing everything up to code with green space out front, plantings proper curb cut for paved driveway and parking spaces. With these added conditions the request will meet the criteria for reinstatement of the property. MM – Motion on ZBA-2017-30 to Grant a Special Permit for a 2-family dwelling with the following conditions: 1. Petitioner to provide updated plan showing two 9’x 18.5’ parking spaces, driveway with curb cut, and green space in front of property within 30 days 2. All debris to be removed upon completion of project 3. Review in 6 months – January 2018 JB – Motion Seconded VOTE: 4-0 Grant Special Permit with Conditions ZBA-2017-31 Clearwater Real Estate Investment Group, LLC 324 LUNENBURG ST 8:15PM Presentation given by Harold Mateo stating that he purchased the property in February and will be investing approximately $135,000 into the property. There will be two commercial units on the first floors and 2 residential units on the second floors. Once the property is cleaned up and the building in good repair, he feels that it will increase the neighbors property value as well. Those in Support: None Those Opposed: None Those Seeking Information: Rosemary Richard of 15 Lawton Ave – Concerned in regard to what type of commercial use will be at this location. There is sufficient parking for small businesses, but not a huge amount of parking. Auto sales would be a stretch. 7 MM – Originally this was a house with a barn. Somewhere along the way it was attached. It has been attached. It was a car lot at some point, we would need to see a floor plan of the layout for each floor and units. Would also like a parking plan showing that shows designated spaces for residential and designated for commercial parking. Mr. Mateo stated that depending on if his next case is approved for auto sales would determine what the commercial use on property will be. AZ – Motion to table this case and take the next case out of order until conclusion of that hearing. JB – Motion Seconded VOTE: 4-0 Grant to take next case first RESUMED AT THE CONTINUANCE OF 2017-32 Hearing Opened to let the petitioner know exactly what the Board will be looking for at the next meeting July 18, 2017 at 7:15PM: 1. Parking plan with 9’ x18.5’ spaces for residential and those for commercial 2. Interior floor plans AZ – Motion on ZBA-2017-31 to Grant a Continuance to July 18, 2017 at 7:15PM JB – Motion Seconded VOTE: 4-0 Grant a Continuance ZBA-2017-32 Clearwater Real Estate Investment Group, LLC 1118 WATER ST 8:30PM Presentation given by Harold Mateo stating that this property was Rayco Motors. He would like to reinstate the building bringing it up to code and have 13 vehicles for sale as the former Rayco Motors did. There is ability for safe in-and-out on the property and has been done safely in the past. No looking to anything new except to bring it back to life. MM – You are only talking about reinstating the Rayco portion of the property. Can you get us a parking plan. It appears that a portion of this property is owned by the Railroad. The Board never approves auto sales lots without a parking plan showing employee parking and where the cars for sale are parked. AZ – Agree that we need a parking plan. Since the street has been widened and it has taken a portion of the property, it may be reasonable to consider cutting down on the number of vehicles for sale. LM – Would not be able to make a decision without a parking plan. AZ – Motion on ZBA-2017-32 to Grant a Continuance of the hearing in order for the petitioner to obtain a parking plan of his property. MM – Motion Seconded VOTE: 4-0 Grant a Continuance to July 18, 2017 at 7:00PM ZBA-2017-25 Frederick Mbaziira 36 ROCKLAND ST 8:45PM Mr. Mendez stated that he had seen the petitioner at the Senior Center, but they were no longer there. AZ – Motion to hold the hearing till the end of the evening in case they come to the City Hall Offices. JB – Motion Seconded VOTE: 4-0 Grant hearing Out of Order 8 REOPEN HEARING: Mr. Mlbaziira was not in attendance this evening and Board felt he should be allowed to come to the next meeting July 18, 2017 at 7:30PM. AZ – Motion on ZBA-2017-25 to Grant a Continuance to July 18, 2017 at 7:30PM JB – Motion Seconded VOTE: 4-0 Grant a Continuance to July 18, 2017 at 7:30PM ZBA-2017-15 Andrew Mercurio 38 OMENA PL 9:00PM Presentation given by Andrew Mercurio stating that he was thinking of working with agencies that are looking for apartments for people with disabilities that have no vehicles and are pricked up and dropped off at the residence. All the houses park on the street because no one has any off street parking. JB – There is a truckload of rubbish in front of your property and it make it hard to look favorably upon request when your property is in this condition. LM – Have been by in the recent past and it hasn’t been like that. Andrew Mercurio – I haven’t been by the property in a couple of weeks, but I’ll have it cleaned up before the end of the week. LM – Would you consider reducing the structure to a single family home which will have less impact on the neighborhood. Andrew Mercurio – Would like to amend the petition to a single family request. AZ – Motion to amend the petition to a single family dwelling JB – Motion Seconded VOTE: 4-0 Grant amendment to petition Hearing Closed: Deliberations: AZ – Would like to see it rehabbed, but would be more inclined toward a single family. MM – I could get there if it is a single family as the home was most likely built as a single and then converted to a 2 unit. AZ – The structure meets all the criteria for reinstating as a single family, except the parking non- conformity. Would be in favor with a 6 month review. MM – Motion on ZBA-2107-15 to Grant a Special Permit for the reinstatement of a single family home with the following condition: 1. Review in 6 months 2. Structure will be a 2-bedroom single family dwelling AZ – Motion Seconded VOTE: 4-0 Grant a Special Permit for a Single Family Dwelling with Conditions ZBA-2017-10 JMC Apartments, LLC 234 DANIELS ST 9:15PM Presentation given by Jose Mendez stating that he want to amend his petition to a 2-family dwelling. 9 AZ – Motion to accept the amendment from a 3-unit structure to a 2-family dwelling. JB – Motion seconded VOTE: 4-0 Grant the Amendment from a 3-unit to a 2-family dwelling LM - Previous layout was showing six tight parking spaces now reducing them to 4 9’ x 18.5’ parking spaces eliminating # 1 & 6. Floor 2 & 3 will be one large apartment and the 1st floor will be 1 apartment or used for Mr. Mendez’s storage. Parking area will be paved. AZ – Converting 2nd and 3rd floor to one apartment with the removal of 1 kitchen MM – The side porches have plywood. Mr. Mendez – The siding will all match. The plywood was for a basement door entrance to secure it better, everything will match. No one in attendance in the audience. Hearing Closed: Deliberation: AZ – Motion on ZBA-2017-10 to Grant a Special Permit for a 2-family dwelling with the following conditions: 1. Review October 10, 2017 – new floor plan showing 2 units to be submitted to the Board at this review 2. One kitchen to be removed 3. Siding of building to be completed by October 2017 before review 4. Paring area to be paved MM – Motion Seconded VOTE: 4-0 Grant a Special Permit for 2-family dwelling with Conditions 5. MISCELLANEOUS Letter from the Law Department to the Planning Board regarding Petition #098-17 was given to the Board 6. ADJOURNMENT AZ – Motion to Adjourn JB – Motion Seconded VOTE: 4-0 Adjourn 10  ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 MINUTES OF THE MEETING July 18, 2017 2. ATTENDANCE: LM, MM, JB, JM Last 2 Hearings AZ 2. PLEDGE OF ALLIGENCE: 3 CORRESPONDENCE: LM 4. HEARINGS: 7:00PM CASE No. APPLICANT PROPERTY TIME ZBA-2017-25 Frederick Mbaziira 36 ROCKLAND ST Presentation given by Mr. Mbaziira stating that the occupants of this property will drive up Huron St. to Allen Pl. approximately 10’ and then he is at his property. He will maintain that 10’ of roadway in order to get to his parking spaces. He has submitted a new parking plan showing 4 spaces (Exhibit A). LM – This is a 4 member Board, needing a unanimous vote for your petition to pass or you may ask for a continuance to September or choose to go forward with it this evening. Petitioner chose to go forward at this time. Board members said they were not comfortable going forward with a 2-family since the parking area is over a road that may be abandoned by the City. Petitioner requested to amend his petition to a single- family and will obtain information in regard to the road that he has to pass over to get to his parking area at his review. At the time of the review, he could request the 2-family if the information obtained is favorable. Hearing Closed: Deliberations: JM – Allowing him a single family will get his project going and will clean up the property. JB – Granting as a single family will still have him maintaining a portion of the street. LM - Comments from Police Dept. and Fire Dept. were read again at this time. MM – Motion on ZBA-2017-25 to Grant the amendment to the petition for a single family dwelling. JB – Motion Seconded VOTE: 4-0 GRANT the Amendment as a single family request MM – Motion on ZBA-2017-25 to Grant a Special Permit for a single family dwelling with the following conditions: 1. Review October 10, 2027 2. Parking area to be paved 3. Petitioner to take on the responsibility to maintain access to his parking area JB – Motion Seconded VOTE: 4-0 Grant of a Special Permit with Conditions 11 ZBA-2017-15 Andrew Mercurio 38 OMENA PL Mr. Mercurio is back before the Board stating that financially a single family residence is not feasible. He is requesting a continuance of his hearing to September to obtain the property across the street and at the end of the street. There is paved space for 4 cars across the street and the contiguous lot that goes to the end of the road will be part of the purchase. He will have the parcel deeded to 38 Omena Pl. so it will always be for their parking. Since the decision of July 11, 2017 meeting has not been filed, the Board granted his request for a continuance in order to allow the petitioner time to purchase the property and have the deed written up and a plan drawn. Mutual Agreement for Extension of Time was signed at this time. JB – Motion on ZBA-2107-15 to Continue the hearing for a Special Permit for a 2-family dwelling to September 19, 2017 JM – Motion Seconded VOTE: 4-0 GRANT a Continuance to September 19, 2017 *Harold Mateo submitted a parking plan for 103 Nashua Street as requested and was initialed at this time. ZBA-2017-32 Clearwater Real Estate Investment Group, LLC 1118 WATER ST Presentation given by Harold Mateo. He proposed 16 parking spaces to the left of the property. Unfortunately, a good portion of the spaces are not yet his property. Mr. Mateo again gave a history of the property and buildings which can be viewed in the June Minutes. Board reviewed the plan and stated that they can only allow enough cars for spaces actually belonging to the property. After much discussion between the Board and Mr. Mateo it was agreed that they can allow 4 vehicles for sale. This will give him time to get his business up and running and when the other portion of property is added to this property he can revisit his conditions and they may at that time be amended. MM – Need to see a plan of the parking for the multi-family, buffer zone, green space, employee, customer and vehicle sale parking paying engineering attention to specifics with respect to residential and commercial parking requirements and buffer zones. Those in Support: None Those Seeking Information: None Those Opposed: None Hearing Closed: Deliberations: AZ - Would approve with the condition of a parking plan to be submitted at time of a Review on September 19, 2017. MM – Motion on ZBA-2017-32 to Grant a Special Permit with the following conditions: 1. Review September 19, 2017 at which time updated parking plan will be presented 2. Parking Plan showing 4 spaces delineated between customer, employee and vehicle sale parking on the applicant’s property paying engineering attention to specifics with respect to residential and commercial parking requirements and buffer zones, a 10’ buffer between the commercial use and the residential 2-family building, show green space not to encompass paved apron, show snow removal area and safe traffic flow pattern 3. Plan to show no encroachment onto property not owned by petitioner 4. Any parking spaces not on the applicant’s property may cause the special permit to be revoked 12  5. Sunset Clause – The Special Permit will terminate/expire upon the sale or transfer of the property or the change in ownership/operation of the business from Harold Mateo, applicant AZ – Motion Seconded VOTE: 4-1 (MM) GRANT a Special Permit with Conditions ZBA-2017-31 Clearwater Real Estate Investment Group, LLC 324 LUNENBURG ST Presentation given by Harold Mateo stating that he has no intention of asking for a car dealership at this property. The two first floor commercial units will be offices. The second floor will remain a residential use. Mr. Mateo did not bring a floor plan of the property this evening, but will be able to have it completed by the September meeting. AZ – This is a multi-use building and the Board requires floor plans to see exactly how it is divided. MM – This is a split use building and the parking plan should show dimensional spaces for the residential use, not stacked, and the commercial use. AZ – The spaces shown on your encroaches over the lot line in front along the street. The plan showing parking on your property should be submitted before a decision can be made. Those in Support: Rosemary Rogers of 330 Lunenburg St. and 15 Lawton Ave stated that she would like to see this property resurrected. It has great visibility, traffic flow and a smooth entrance to the property. Board would like to continue this hearing to September 19, 2017 requesting a parking plan showing dimensions of delineated residential and commercial parking spaces with no stacked parking being wholly on applicants property, paying engineering attention to specifics with respect to residential and commercial parking requirements and buffer zones, snow plan removal, and dimensional floor plans showing how the units are divided. JB – Motion on ZBA-2017-31 to Continue the hearing on a Special Permit to September 19, 2017 when plans will be submitted to the Board AZ – Motion Seconded VOTE: 5-0 GRANT of a Continuance 5 MISCELLANEOUS 6 ADJOURNMENT JB – Motion to Adjourn AZ – Motion Seconded VOTE: 5-0 Adjourn 13