Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 SENIOR CENTER, 14 WALLACE AVE MINUTES OF THE MEETING – October 10, 2017 1. Call to Order: LM PLEDGE OF ALLEGIANCE: ALL 2. Communications LM ATTENDANCE: LM, AZ, JB, JM, (JS) & MM 3. Hearings CASE No. APPLICANT PROPERTY TIME ZBA-2017-03 Craig LaCrosse 26 CASWELL ST 6:00PM Review of the Conditions placed upon the Special Permit under §181.3561 reinstating a vacant/ Abandoned building located in the Residential A-1 District at 12/33/0 Raymond A Lamy purchased the property 3-4 weeks ago. He plans to go forward with the rehab of the property according to plans that Mr. LaCrosse started. The Board discussed the administrative concern that the reinstatement has not been completed with the holder of the Special Permit and therefore does not transfer to the new owner Ch. 40A §9. Mr. Lamy may apply for his own special permit for reinstatement, but as it stands now, this special permit has failed its review. AZ – If the new owner proceeds with a new petition, would be in favor of moving forward with the request. Finding: Special Permit has terminated/expired with the transfer of ownership and conditions had not been satisfied at the time of this review AZ – Motion on ZBA-2017-03 to Approve the Review and transfer the special permit to the new owner JB – Motion Seconded VOTE: 0-4 Review Failed and Special Permit DENIED/REVOKED ZBA-2016-19 Fitchburg Public Schools 70 REINGOLD AV 6:05PM Review of the Conditions placed upon the Variance under §181.5353 for the Electronic Reader Board Sign located in the Residential A-2 District at 100//32/0 Presentation given by Robert Jokela, Assistant Superintendent of Fitchburg Public Schools, stating that the signs are not up yet and he is requesting a 6 month extension to complete the project. AZ – Motion on ZBA-2017-19 to Grant a 6 month extension on the Variance for Fitchburg Public Schools JB – Motion Seconded VOTE: 4-0 GRANT of a 6 month Extension ZBA-2011-09 Hertz 89 WHALON ST 6:10PM Review of the Conditions placed upon the Use Variance under §181.313E1 to store automobiles on the parking lot for Hertz Rental Car Co. located in the Neighborhood Business District at 202/89/0 No one was in attendance for this hearing. AZ – Motion on ZBA-2011-09 to call this case Out of Order to allow petitioners the opportunity to be late. JB – Motion Seconded VOTE: 4-0 GRANT hearing to be called again out of order Board called the review again at the end of the evening and proceeded with the review without petitioner. Board discussed property and condition placed upon the Use Variance and it was found that Hertz is meeting the conditions and there is no further need for review. Conditions placed upon the Use Variance are to remain. AZ – Motion on ZBA-2011-09 to Approve the Review striking #10 (for a review) with all other Conditions to remain as written: 1. Use Variance to expire upon end of lease with Hertz Corp. 2. No outside repair, maintenance, or cleaning of vehicles 3. No banners or vinyl signs 4. Vehicles stored on property to be registered and fully operational 5. Maximum storage – 12 vehicles 6. Hours of Operation: Monday – Friday 8:00AM-6:00PM, Saturday 9:00AM-12:00PM, Sunday- Closed 7. Outside lighting – Dusk – Dawn 8. No large truck deliveries of vehicles 9. Business not to be operated as a nuisance 10. No permanent or temporary accessory structures to be placed on the property – tent to be removed JB – Motion Seconded VOTE: 4-0 Approve the Review striking previous Condition #10 ZBA-2016-21 United Petroleum 249 KIMBALL ST 6:15PM Review of the Conditions placed upon the Special Permit under §181.3521 for Retail Sales and a Special Permit under §181.313C13A for motor vehicle Fuel Dispensing located in the Industrial District at 41/17/0 Presentation given by Patrick McCarty of McCarty Engineering stating that the asbestos testing is done and the tanks have been removed. Excavation is moving right along and there were only 4 yards of contaminated soil. JM – Project looks good. It will be a nice addition to the neighborhood. A snow removal plan and a review for June 2018 were discussed at this time. AZ – Motion on ZBA-2017-21 to Approve the Review with amended conditions: 1. Hours of Operation: 5:00AM-12:00PM Monday – Sunday 2. Review June 2018 3. Conditions of the Planning Board to become part of these conditions JB – Motion Seconded VOTE: 4-0 Approve the Review with amended conditions ZBA-2016-29 Trinicap Properties 3, LLC 318-356 BROAD ST 6:20PM Review of the Conditions placed upon the Variance under §181.414 to re-divide 3 existing properties located in the Industrial District at 29/1/0 & 29/1/1 Presentation given by Maxwell Mahabir representing the new owner, his father, Kris Mahabir of Trinicap Properties 3 LLC. Condition #1 has been met. 2 AZ – The property looks well maintained. Do not see a further need for review No one in the audience in attendance for this hearing AZ – Motion on ZBA-2016-29 to Approve the Review striking condition #2 and leaving: All tenants and emergency Vehicles on these 3 lots will have the right to pass and repass over the designated area of all 3 lots as necessary for maintenance, demolition renovations, emergencies and all other reasonable needs. JB – Motion Seconded VOTE: 4-0 Approve Review with amended Conditions ZBA-2016-31 Active Life Health Care Management/Vladimir Giterman 783 WATER ST 6:25PM Review of the Conditions placed upon the Special Permit under §181.313B5 to conduct an Adult Day Care Center located in the Industrial District at 122/23/0 Presentation given by Rick Aronovitz, Zack Tessler and Vladimir Giterman stating that they have had a couple of delays, but the project is moving forward. They believe they will have the project completed in 30 – 45 days. They are working on the front of the building at present and will be putting in plantings in the spring. Fire Department Response was read at this time. JM – You have done a nice job bringing the building up to code – Safety First. Happy to see you are able to help people who really need the help. JB – A lot of work has been done in the building and the parking lot will have green space in the spring, should review at that time. AZ –Agree. The project is coming along and we have high hopes for this property. What plan for snow removal. Mr. Giterman – The snow is pushed to the perimeter of the property along the back and side behind the building. Mr. Giterman – Would like to change the hours of operation to 7:00AM – 4:00PM AZ – Motion on ZBA-2016-31 to Approve the Review with amended conditions: 1. Sunset Clause – Special Permit will expire/terminate upon the termination of the lease to Active Life Health Care Management, or in the event that such a lease is unable to be negotiated. 2. Plan as Proposed. 3. Not to be operated as a nuisance 4. Hours of Operation: 7:00AM-4:00PM 5. Review July 2018, including further beautification JB – Motion Seconded VOTE: 4-0 Approve the Review with amended conditions ZBA-2016-03 Peter Cote 310 MAIN ST 6:30PM Review of the Extension of a Variance under §181.5363 for an Electronic Reader Board Sign located in the Central Business District at 55/48/0 No one is in attendance for this hearing, petitioner or audience. His extension on this Variance has expired. AZ – Finding: The variance has expired as a matter of law. JB – Seconded VOTE: 4-0 Variance Expired 3 ZBA-2014-09 Raul Lopez 19 DWIGHT ST 6:35PM Review of the Conditions place upon the Special Permit under §181.313C11&12 to operate an Automobile Repair Service & Towing Business located in the Central Business District at 111/33/0 Raul Lopez is now the owner for all intents and purpose, other than the transfer has not been made because Mr. Brogna is still in negotiations with the IRS. LM – The property is in good shape and the petitioner is following the conditions placed upon the Special Permit. JM – You’ve done a nice job, did everything we asked. AZ – Motion on ZBA-2014-09 to Continue the Review to March 2018 with all conditions intact. JB – Motion Seconded VOTE: 4-0 Continue the Review to March 2018 ZBA-2016-27 Ashley Owens & Jamie Schwadel 108 LEIGHTON ST 6:40PM Review of the Special Permit under §181.3561 to reinstate a vacant/abandoned building as a single- family dwelling located in the Residential C District at 40/13/0 Presentation given by Ashley Owens stating that they had their open house last weekend and the house is sold. AZ – I like that the stairs are no longer a death trap. JB – It looks great and spruces up the neighborhood and street. This is what the intent of this type of Special Permit and what it is supposed to do. Those Seeking Information: None Those in Opposition: None Those in Support: None AZ – I’m ready to approve with no condition of a review. The house cannot easily be converted to a multi- family. AZ – Motion on ZBA-2016-27 to Approve the Review with the condition: 1. Property not to be operated or sold as other than a Single-family dwelling JB – Motion Seconded VOTE: 4-0 Approve the Review with condition ZBA-2017-10 JMC Apartments, LLC 234 DANIELS ST 6:45PM Review of the Conditions placed upon the Special Permit under §181.3561 to reinstate a vacant/ abandoned building as a 2-family dwelling located in the Residential B District at 77/15/0 No one in attendance for this hearing. Since Mr. Mendez has been in attendance for prior reviews, the Board discussed continuing the hearing to November. AZ – Motion on ZBA-2017-10 to Continue the Review to November 14, 2017 at 9:00PM JB – Motion Seconded VOTE: 4-0 Continuance of the Review to November 4 ZBA-2017-25 Frederick Mbziira 36 ROCKLAND ST 6:50PM Review of the Conditions placed upon the Special Permit under §181.3561 to reinstate a vacant/ abandoned building as a single-family dwelling located in the Residential C District at 51/55/0 Mr. Mbziira did not obtain a curb cut permit for his proposed parking area. The DPW sent a message as to the extent of the grade of the street. It is 22% which is quite dangerous. At this time the Board voted to table the case while the Assistant City Solicitor, Christine Tree reviewed the documentation (in the exhibits at the end of these minutes). After Attorney Tree’s review, she discussed with the Board the alternative routes the petitioner might take to have a curb cut granted for that area. After discussion of what would be best for the petitioner, the neighborhood and the city, the Board members agreed that allowing Mr. Mbziira to park on Rockland Street and remove the condition of parking leaving the other conditions intact (which will make the Review in February 2018) would be the best course of action. Finding: A. Due to the extreme grade of the street the petitioner cannot access parking in the rear of his property B. Petitioner cannot be granted a curb cut from the DPW to make parking as that part of Huron St. is closed C. The previously approved plan will not take effect until/when the City Council would approve said plan D. The grant of the Special Permit is not any more nonconforming than what was already there AZ – Motion on ZBA-2017-25 to Approve the Review and amending conditions to read: 1. This property not to become more than a single family dwelling 2. Review February 2018 3. Special Permit will terminate/expire if property is sold/transferred from Frederick Mbaziira before the time of the February 2018 review JM – Motion Seconded VOTE: 4-0 Approve Review with amended conditions *Michael McLaughlin joined the meeting at this time: ZBA-2017-26 Brett Usher & Silvia Calvillo 162 MARSHALL ST 6:55PM Review of the Conditions placed upon the Special Permit under §181.3561 to reinstate a vacant/ abandoned building as a 3-family dwelling located in the Residential B District at 3/68/0 Brett Usher & Silvia Calvillo stated that the driveway has been widened by 3’. JB – Unfortunately, you do not have the 9’ x 18.5 parking spaces required in the rear of the property and the striping is not done adequately. MM – Also, the green space requested to be in the front of the property has not been done. There is still a car parking on that space. The conditions placed upon this special permit were agreed upon by you as the petitioners and the Board before you rented out the property. You had also stated that this property would be owner occupied which did not happen. Owner occupied properties have better control over the tenants, but it is ultimately your responsibility to have your tenants adhere to the conditions placed upon your special permit. As it stands now, it is not working out as a 3-family dwelling and you should consider reducing it to a 2-family having adequate parking with green space in front. AZ – Your dimensions are nonconforming and you need almost twice the space that you have to park comfortably on the property to include the 3’ buffer in the rear. 5 LM – This was an agreement you entered into with the Board before you rented to a handicap person that remains parking in a space that we requested to be made green space. This problem you have created for yourselves. Mr. Usher – There is no way we can did up the parking spot and put grass. JB – Then it is not going to work as a 3-family. To maneuver and turn in the parking area you can only accommodate 4 spots, not 6. MM – The Board’s original conditions are to be met. Make sure parking equals the plan submitted. Conditions are not to make your best effort, they are to be adhered to. If we continue the review for one month, want to see green space to the left and right side of the front of the property with 5 compliant parking spaces as per previous plan submitted. Also want to see a snow removal plan or a letter of permission from the abutter allowing snow to be dumped on his/her property. AZ – Motion on ZBA-2017-26 to Continue the Review to November 14, 2017 for compliance with these amended conditions to be met at that time: 1. 3’ buffer in the rear of the lot around parking area and proof that the parking has 5 compliant 9’ x 18.5’ spaces 2. Paved parking spaces shown on plan in front of property to be changed to green space 3. Snow Removal Plan or Letter of Permission for dumping snow to be presented to the Board at time of Review – November 14, 2017 4. Special Permit to terminate/expire if sold/transferred from Brett Usher & Siliva Calvillo-Hayes before compliance of these conditions are met at time of Review JB – Motion Seconded VOTE: 5-0 Continuance of the Review ZBA-2017-41 John Harrison 32 TOWNSEND ST 7:00PM Special Permit under §181.3561 to reinstate a vacant/abandoned building as a single-family dwelling located in the Residential B District at 34/41/0 Hearing was called 3 times. No one in attendance for this hearing either in the audience or the petitioner. AZ – Motion to Grant petitioner Leave to Withdraw Without Prejudice so they may come before the Board at a later date. JB – Motion Seconded VOTE: 5-0 Grant Leave to Withdraw Without Prejudice ZBA-2017-42 Ainiwaer Mireguli 24 VICTOR ST 7:15PM Special Permit under §181.3561 to reinstate a vacant/abandoned building as a single-family dwelling located in the Residential B District at 3/50/0 Presentation given by Samantha McDonald representing Mr. Mireguli, stating that he purchased the property in May of this year. He would like to resume the use as a single family dwelling. Those Seeking Information: Glen Kenney of 1436 Pearl Hill Rd, grew up in the property and stated there is a mold problem in the basement the petitioner should be aware of. Those Opposed: Joslin Nixon of 14 Victor St. No in favor of anything other than a single family because of the parking issues along the street. It is extremely narrow and steep. Samantha McDonald – There is a two car garage on the property and space in the driveway. 6 Those In Support: Brian Gallahew of 202 Marshall St., it will be good to have the property back being occupied. JB – This could be a very nice home. AZ – This is a nice structure in bad condition what are your plans for renovations? Mr. Mireguli -The first consideration is for the safety of the family. He has a copy of the Check List for Abandoned Buildings. The first project will be fixing the roof. Planning to paint the outside. He will be using licensed people to do the renovations and will be putting approximately $40,000 into the building. JB – Completion time? Mr. Mireguli – 1 year. JS – The house has 3 bedrooms and 2 baths. JM – Nice property with plenty of parking. AZ – In favor of the petition. Meets the criteria for the Special Permit. It will be a benefit to the neighborhood. LM – Would like a 1 year review MM – Would like to make applicant conscious to utilize the driveway and garage to it full extent and that the property be conditioned to be only a single family home. MM – Motion on ZBZ- 2017-42 to Grant the Special Permit with conditions discussed: 1. Property to remain a single family dwelling only 2. Review in one year – October 2018 AZ – Motion Seconded VOTE: 5-0 Grant the Special Permit with Conditions ZBA-2017-43 Christine M Tree & Michael A Leo 110 PEARL HILL RD 7:30PM Special Permit under §181.34 for an Accessory Apartment located in the Rural Residential District at 163/2/0 Presentation given by Christine Tree and Michael Leo stating that they would like to modify the home for an Accessory Apartment for her mother. The modification will not show from the front of the house and then it will be shielded from view by the barn. They are putting in a small kitchenette. There is a stairway to the second floor. They have done everything except put in the kitchenette pending approval. Those Seeking Information – None Those Opposed – None Those in Support – Robert Burns and Scott Wilson of 89 Pearl Hill Rd JB – JM and myself reviewed the plans with the builder and how it will be renovated. At the sale of the property or when it is no longer needed, the apartment can easily be converted to a family space again for entertainment. It’s a beautiful project. MM – How many square feet is the apartment? Christine Tree – 760 square feet. She bought the home 2 years ago. It is the oldest home in Fitchburg. The found some structural issues they have been repairing and the proposed renovations will help keep the building around for many more years. It is within the same footprint and they are keeping it as original as possible. The dormer in the rear will be hidden from view. She expects to have the project completed late November or December. Hearing Closed: Deliberations: 7 LM – New Affidavit was signed at this time. All Board members were in favor of the petition MM – Motion on ZBA-43 to Grant the Special Permit for an Accessory Apartment with the 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: 5-0 Grant of the Special Permit with Conditions ZBA-2017-44 Michael T Lewin 43 FALULAH ST 7:45PM Special Permit under §181.3561 to reinstate a vacant/abandoned building as a 3-unit building located in the Residential C District at 141/51/0 Presentation given by Michael Lewin stating that he has bought this particular property 3 times due to a deed problem. He has renovated several properties in Fitchburg and Leominster. He submitted photos and gave a brief history of the property stating that it was built around 1900 as a 3-unit dwelling. He will be adding a third egress in the back of the building. The property also has a good sized yard. LM – Fire Department Response was read at this time. There are two paved driveways for parking on this property. MM – Both the driveway to the right and in the rear of the property shown on the plan are paved. The plan was amended to show 6 parking spaces 9’ x18.5’. Mr. Lewin – I will be retaining ownership of the property and add it to my retirement portfolio. The place is in remarkable condition and has never been broken into. Hearing Closed: Deliberations: With the amended plan, all Board Members were in favor of the petition. MM – Motion on ZBA-2017-44 to Grant the Special Permit as requested per the amended plan. AZ – Motion Seconded VOTE: 5-0 Grant of the Special Permit ZBA-2017-16 South Middlesex Nonprofit Housing Corp. 94 HIGHLAND AV Continuance Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single room occupancy located in the Residential C District at 45/5/0 Because this case was not added to the notification in the City Clerk’s Office, it may be in violation of the open meeting law and was decided to continue it until the November 14, 2017 meeting. Katherine Garrahan 8 text our Assistant City Solicitor, Christine Tree, that it was acceptable with her to continue the hearing one more month to November 14, 2017. MM – Motion on ZBA-2017-16 to Continue the hearing to November 14, 2017 by mutual agreement JB – Motion Seconded VOTE: 5-0 Grant the Continuance to November 14, 2017 4. MISCELLANEOUS 5. ADJOURNMENT 9