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Zoning Board of Appeals

Regular Meeting

Fitchburg, MA · November 14, 2017

AgendaMinutes

Minutes

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 SENIOR CENTER, 14 WALLACE AV MEETING MINUTES - November 14, 2017 1. Call to Order LM PLEDGE OF ALLEGIANCE All 2. Communications LM ATTENDANCE: LM, MM, AZ, JB, 3. Hearings JM & JS CASE No. APPLICANT PROPERTY TIME ZBA-2016-08 Sebastian Cazard 34 KIMBALL PL 6:00PM Review of a Special Permit under §181.313D5 for a Construction Business, storing construction vehicles and materials on the property located in the Industrial District at 28/8/0 Presentation given by Sebastian Cazard stating that it will be another 6 months before the grading of the property is completed. Those Seeking Information: None Those Opposed: None Those in Support: None MM – When will the side of the building be closed? Mr. Cazard – In approximately 6 weeks; the columns have been installed. MM – This is a large project and I would like it if the Board keeps an eye on it. I think we should put it on for a 6 month review. AZ – 6 month review sounds good, as long as the building is closed before winter. JM – The property should be neat and clean as soon as possible. Mr. Cazard - The vehicles that are on site are being kept in the fenced in area. MM – When looking at your building to the right of the property are the vehicles there yours? Mr. Cazard – No, they are on another property, not his. MM – Motion on ZBA-2106-08 to Approve the Review and putting a condition of a Review in 6 months. JB – Motion Seconded VOTE: 5-0 APPROVE the Review with Condition ZBA-2017-21 Ramol Partners LLC 102 DEPOT ST 6:05PM Review of a Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 2-family dwelling located in the Residential B District at 87/17/0 Presentation given by Dlga Ban, Ramol Partners, stating that there are 4 weeks from completion. They will be paving along the side and rear in the next two weeks. A new parking plan showing the spaces in the rear and floor plans was presented at this time (Exhibit I). Those Seeking Information: None Those in Support: None Those Opposed: None JB – It’s a beautiful place MM – You are doing a nice job and we appreciate the quality of work. We should add to our decision that the project to be completed per plan submitted. AZ – Motion on ZBA-2017-21 to Approve the Review and project to be completed per plan submitted. MM – Motion Seconded VOTE: 5-0 APPROVE the Review as per plan ZBA-2017-19 Mohammad Chaudhary 19-23 PROSPECT ST 6:10PM Review of a Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 2-family dwelling located in the Residential B District at 18/48/0 Presentation given by Mrs. Chaudhary stating that the electrical and plumbing will be brought up to code. Letters from Community Development were submitted at this time (Exhibit II). MM – Would like the historic character of the exterior of the building to remain with no vinyl or aluminum siding. Would like the Board to put a condition that the exterior be preserved with original conditions to remain. Those In Support: None Those Seeking Information: None Those Opposed: None LM – At your review, we would like to see a large set of plans for the record and smaller copies for the Board at the time of review showing the reinstatement changes to the property and whatever update you have in regard to the historical restoration. MM – Motion on ZBA-2017-19 to Approve the Review with the following conditions: 1. Exterior to be historically restored with no vinyl or aluminum siding 2. Structure to remain a 2-family dwelling, owner occupied 3. Review in 6 months – May 2018 at which time the petitioner will submit a plan showing the reinstatement changes to the property and whatever update in regard to the historical restoration. JB – Motion Seconded VOTE: 5-0 APPROVE the Review with Conditions ZBA-2017-26 Brothers Parking Lots & Roads 126 JACKSON AV 6:15PM Review of a Use Variance under §181.313A1 demolishing the existing house and to construct a new single- family home with a Special Permit under §181.332 for a home office and a Special Permit under §181.313D5 for a construction yard located in the Industrial District at 59/9/0 Hearing was called 3 times and petitioner was not in attendance. Board agreed to continue the Review to the next meeting, December 12, 2017. MM – Motion on ZBA-2017-26 to Continue the hearing to December 12, 2017 with time to be determined. JB – Motion Seconded VOTE: 5-0 Continue the Review to December 12, 2017 ZBA-2017-45 Clearwater Real Estate 143-149 CLARENDON ST 6:20PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a convenience store and laundromat located in the Neighborhood Business District at 77/16/0 *Petitioner was in a hearing with the Planning Board and was recalled after the 8:45PM hearing. 2 MM – Motion on ZBA-2017-26 to Call this case after the 8:45PM hearing JB – Motion Seconded VOTE: 5-0 Recall after 8:45PM Second Call: Presentation given by Harold Mateo stating that he purchased the property April 27, 2017 and that the laundromat fits in the area. Those Seeking Information: None Those Opposed: None Those in Support: Lagro Paulino of 39 Winter St – sating that there is a good deal of foot traffic in the neighborhood that would benefit by having a laundromat at this location and that the convenience store would be a good addition. JB – The right of way is for the tenants on the next street. It had been a church and a convenience store. Mr. Mateo - There is on street parking for 2-3 cars. LM – Response from Fire Dept. and Police Dept. were read into the hearing at this time. MM – It would be nice to get this property up and going. Having the convenience store next to the laundry is a good idea. Harold Mateo – I’m going to clean up the front and add a security system. There will only be 2 businesses. Hearing Closed: Deliberations: AZ – In favor of the petition. This seems to be a foot traffic area. Not too concerned with the traffic flow and safety as it has been in the neighborhood for many years. MM – In favor. It will provide a good service and the convenience store will add more local business. Would like a condition of no plastic signs or banners. JB – Do not have a problem other than lack of parking. JM – Convenience store and laundromat are a great fit. Would like a condition of: not operated as a nuisance and a sunset clause. REOPEN: LM – Hours of Operation? Mr. Mateo – 7:00AM – 10:00PM Hearing Closed: MM – Motion on ZBA-2017-45 to Grant the Special Permit with the following conditions: 1. Hours of Operation: 7:00AM – 10:00PM 2. Businesses not to be operated as a nuisance 3. Sunset Clause – Special Permit to terminate/expire upon the sale/transfer of the property from Clearwater Real Estate Investment Group, LLC JB – Motion Seconded VOTE: 5-0 GRANT of the Special Permit with Conditions ZBA-2017-46 AG Carpet & Floor Corp. 111 COLUMBIA AV 6:30PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family dwelling located in the Residential A-2 District at 202/26/A 3 Presentation given by Elias Gonzales stating that he will be bringing the structure up to code requirements for the reinstatement. The building will be for sale and not owner occupied. He is not looking to put a business there. The structure will remain a single family home. Those Seeking Information: None Those Opposed: None Those in Support: None JB – Nice property JM – Property is in great condition and will be a good turn-over property. AZ – How long will the project take? Mr. Gonzales – One month. Want to add a sunset clause. MM – There is plenty of parking for the single family. JM – What about the garage? Mr. Gonzales – The garage has only one door, but it fits 2 cars. LM – Departments Response Sheets were read at this time. Hearing Closed: Deliberations: MM – Motion on ZBA-2017-46 to Grant the Special Permit for a single family dwelling with condition: 1. Special Permit to terminate/expire upon the sale or transfer of the property from Elias Gonzales before completion of the reinstatement with all required singed-off permits. JB – Motion Seconded VOTE: 5-0 GRANT the Special Permit ZBA-2017-47 Elias Gonzales 8 BLAIS CT 6:45PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family dwelling located in the Residential C District at 631210 Presentation given by Elias Gonzales stating that this is a small single family home. He will be bringing it up to code and has minimal repairs to be done. *No one was in the audience in regard to this hearing. JB – It doesn’t look like there is enough room for 2 parking spaces on the property. The shed would have to be removed to make parking and would like to see a condition that the structure is not to have any additions added onto it, such as porches or decks. JM – This is a very tight lot. Removing the shed will give parking. Would like to see it owner occupied. Mr. Gonzales – I am going to keep the property as a second home. AZ – This is the tightest lot I would want to see allowed without having to tear down the building. MM – Would like to see 2 paved parking spots 9’ x 18.5’, shed removed and home to be owner occupied. AZ – Motion on ZBA-2017-47 to Grant the Special Permit with the following conditions: 1. No exterior additions to be added to the structure 2. Dwelling to be owner occupied 3. Removal of shed 4. 2 paved parking spots 9’ x 18.5’ JB – Motion Seconded VOTE: 5-0 GRANT the Special Permit with Conditions 4 ZBA-2017-48 Jorge Toso 63 PRATT ST 7:00PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family dwelling located in the Residential C District at 77/99/0 Presentation given by Jorge Toso and his wife, Civia Mendez stating that they bought this two bedroom house. There is plenty of parking for a single family home. Electricity is on and they will be upgrading the plumbing. *No one in the audience is in attendance for this hearing. AZ – What is the scope of the work that has to be done? Mr. Toso – Plumbing needs to be upgraded and interior cosmetic repairs. The driveway is paved up to the garage. MM – This is a nice little house with a deck in the rear. It meets the architectural criteria for reinstatement. JB – Pleased that someone will be occupying the property. This will be an asset to the neighborhood. Hearing Closed: Deliberations: AZ – Very nice property. JS – This will be owner occupied. MM – Meets the criteria under §181.3561. LM – Would like a sunset clause MM - Motion on ZBA-2017-48 to Grant the Special Permit with the following conditions: 1. Dwelling to be owner occupied 2. Sunset Clause – Special Permit to terminate/expire upon the sale or transfer of the property from Jorge Toso before completion of the reinstatement with all required singed-off permits. AZ – Motion Seconded VOTE: 5-0 GRANT of the Special Permit with Conditions ZBA-2017-49 Nicholas Cochrane & Francisilley Barcellas 8-12 READ ST 7:15PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a two-family dwelling located in the Residential B District at 16/13/0 Presentation given by Nicholas Cochrane and Francisilley Barcelas stating that the two-family dwelling will be owner occupied. At present they are renting and need to move into the home as soon as possible. They will be living on the first floor and renting out the second floor. There are a good deal of historic features in the interior of the home they are planning on keeping, such as the crown molding. They have only owned it for two months and it has been broken into because it is vacant and they cannot turn on the water or electricity. They have been cleaning up on the outside of the structure and just want to make the home beautiful again. Attorney Christine Tree, Assistant City Solicitor, commented on it being previously used as a 3-family and it may call the permit into question. Nicholas Cochrane – It will be used only as a two-family. The third floor will be used as a laundry room. MM – There is a fair amount of land and it will be an investment in the property and an improvement in the neighborhood. LM – Fire Dept. and Police Dept. Response Sheets read into the minutes stating there is sufficient parking for tenants and guests on the property. 5 Hearing Closed: Deliberations: All members agreed that the request meets the criteria for the Special Permit to be granted. MM – Motion on ZBA-2017-49 to Grant the Special Permit with the following conditions: 1. Dwelling is to be owner occupied 2. Structure will be a 2-family dwelling only 3. Review in 6 months (May 2018) with floor plans to be submitted at time of review 4. Special Permit will terminate/expire upon the sale/transfer of the property from Nicholas Cochrane & Francislley Barcellas before the time of review. AZ – Motion Seconded VOTE: 5-0 GRANT the Special Permit with Conditions ZBA-2017-50 Ian Brennan 176 BLOSSOM ST 7:30PM Special Permit under §181.353 to add exterior stairs extending a nonconforming structure located in the Residential A-1 District at 326/31/0 Presentation given by Ian Brennan stating that he needs to make a second means of egress on the Gage Street side of the building for that apartment which will leave 14’ to the property line. *No one was in attendance in the audience for this hearing. JM – Property and building look good, the decks are structurally sound. AZ – The structure is pre-existing non-conforming. Adding a second means of egress will increase safety for that apartment. When was the structure built? Mr. Brennan – 1910 or 1920. MM – Place is spectacular and this is a small piece to allow this to be a perfect job. Hearing Closed: Deliberations: MM – The petition meets the criteria for granting a special permit under §181.353. We need more investors like you in our community. AZ – The stairs are along a retaining wall and will not give the look of crowding. LM – Also in favor and there is sufficient parking. MM – Motion on ZBA-2017-50 to Grant the Special Permit as stated. AZ – Motion Seconded VOTE: 5-0 GRANT the Special Permit ZBA-2017-51 Sean Roy 18 CHARLTON ST 7:45PM Special Permit under §181.355 to add a farmers porch to a nonconforming structure which will increase the nonconformity located in the Residential B District at 158/16/0 Presentation given by Sean Roy stating that he had originally gone to the Building Department and received a Building Permit to erect a farmers porch on his home. Then it was discovered that he does not have the required 40’ to the front property line. He only has 38’, therefore, requiring the special permit. Those Seeking Information: None Those Opposed: None Those in Support: Harold Mateo – This gentleman servers our city and I hope the Board will look favorably upon his request. 6 JB – Have no problem with the request, will be an improvement to the structure and the neighborhood. LM – Fire Dept. and Police Dept. read into the minutes at this time. MM – This is a minimal 2’ request on a large corner lot and is an investment in his property. MM – Motion on ZBA 2017-51 to Grant the Special Permit as requested AZ – Motion Seconded VOTE: 5-0 GRANT of the Special Permit ZBA-2017-52 M.A.S. Realty Corporation 93 NORKEGE ST 8:00PM Special Permit under §181.353 to modify a mill demolishing a third of the building adding small additions creating office space and relocate a manufacturing facility located in the Industrial District at 28/23/0, 28/24/0 and 27/9/0. Presentation given by Anthony Cleaves and the Design Team going over the plan submitted with the package. The Planning Board approved this same plan for Site Plan Review (Exhibit III). The will be renovating the entire building; demolishing the center and part of the back. They will add a little in the front and a smaller portion in the rear of the now existing. This is a non-conforming structure and the portion of Nursery Lane that M.A.S. owns on both sides has been abandoned by the City. Across from the building will be extra parking for the businesses that will occupy 93 Norkege St. Those Seeking Information: None Those Opposed: None Those in Support: Mary Jo Bohart of Economic Development Department – This property has been vacant for more than 10 years and whenever a mill building has the ability to be used as a commercial venture, is it particularly special. JB – Plan looks wonderful. What type of manufacturing business will be there? Mr. Cleaves – Foam Tech will move into the building on the left of the plan and on the left will be offices on the right; one or two separate businesses. Building on the left is 3 floors and 2 floors on the right. JM – M.A.S. owns both sides of the street and there are 170 parking spaces across the street. JS – How many offices? Mr. Cleaves – There is 48,000 sq. ft. of office space; 4 State Agencies and 1 Non- Profit. Foam Tech will have the entire building to the left. All additions to the property will conform. LM – They have Conservation and Planning Board approvals. What will be the hours of operation? Mr. Cleaves – These will be day time hours: 7:00AM – 5:00PM and 8:00AM – 5:00PM. Department Response Sheets read into the hearing at this time. MM – The request meets the criteria for granting the special permit and all other departments have given their approval of the plan. This is a well thought out project and I would be in favor. AZ – Meets the criteria and will reduce the non-conformity, not increasing it. MM – Motion on ZBA-2017-52 to GRANT the Special Permit under §181.353 as requested JB – Motion Seconded VOTE: 5-0 GRANT the Special Permit ZBA-2017-53 Susan Tedesco 97 APPLETON CR 8:15PM Special Permit under §181.3561 to reinstate an abandoned/vacant building located in the Residential A-2 District at 176/19/0 7 Presentation given by Susan Tedesco stating that she purchased the house for her daughter and grandchildren to live in. There is parking for 2 cars, the electric is a new 200amp service and a few shingles need replacing. The inside needs painting, but is structurally in good shape with two baths. Those Seeking Information: None Those Opposed: None Those in Support: Brian Moore of 124 Marshall Rd. This is a great 3 bedroom house with ½ bath downstairs and a full bath up. MM – This house vacant is in better condition that some others in the neighborhood that are occupied. AZ – The proposed addition shown on the plot plan (Exhibit IV) was never constructed. Hearing Closed: Deliberations: LM - There were no issues from other Departments for this property. MM – Motion on ZBA-2017-53 to Grant the Special Permit under §181.3561 as requested AZ – Motion Seconded VOTE: 5-0 GRANT the Special Permit *LM – Chair – recused herself from this hearing as the petitioners are related. ZBA-2017-54 Meaghen & Timothy McNamara 89 PACIFIC ST 8:30PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family located in the Residential B District at 22/52/0 Presentation given by Meaghen & Timothy McNamara stating that they bought the house 2½ months ago and have secured a $35,000 loan to rehab the house. The exterior is in fair shape. The electrical was on and they have been refinishing the floors and painting. They have contractors lined up for other upgrades to the home. This lot is similar to other properties in the neighborhood with a shared driveway of 38’ in depth. The shared driveway and right of way were created in 1921. *No one is attendance in the audience for this hearing. JB – This is a great property and would be an asset when it is reinstated. Timothy McNamara – The home is on a small lot with a small back yard. The house is in need of cosmetic upgrades, nothing structural. AZ – On your plan it shows 2 separate 3’ right of ways for access to the back yard. The middle line is a property line and is a recorded right of way. There could be off street parking made in the front of the home if the right of way ever becomes an issue. Hearing Closed: Deliberations: AZ – Motion on ZBA-2017-54 to Grant the Special Permit as requested. JM – Motion Seconded VOTE: 5-0 GRANT the Special Permit 8 ZBA-2017-37 Loira Maldonado 30 PIERCE AV 8:40PM Recalled Review of the Special Permit under §181.3561 granted September 19, 2017 with a misrepresented finding (B) under §181.3561 to reinstate an abandoned/vacant building as a single-family located in the Residential A-2 District at 203/28/0 Presentation given by Attorney Mary Camp stating that Ms. Maldonado has been the owner of 30 Pierce Av for2 ½ years. She has asked various city departments for assistance with her septic, but was told it is a private matter. The Board informed them that yes, the septic is a private matter and she would have to hire a company of her choice to repair or replace her failed septic. The Board discussed their original decision and found that it should remain as is and that she could get a certified copy of the decision from the City Clerk’s Office by tomorrow afternoon. AZ – Motion on ZBA-2017-37 to ratify the existing Special Permit with no changes MM – Motion Seconded VOTE: 5-0 Special Permit ratified with original conditions ZBA-2016-32 Clearwater Real Estate Investment Group, LLC 1118 WATER ST 8:45PM Continuance Review of a Special Permit under §181.3561 to overrule the Building Commissioner’s decision and to reinstate an abandoned/vacant building located in the Central Business District 148/12/0 Presentation given by Harold Mateo presenting a plot plan for review to the Board similar to the one submitted with his original petition. *No one in the audience was in attendance for this petition. JB – I have been in communication with the Community Development Department and it is my understanding that all the encroachments on the railroad property are to be removed. MM – I do not want to even consider this unless we have a plan showing all your structures on the property the petitioner owns. Harold Mateo – There is no way to show this. This was an instrument survey. I have been loosing time and money since April. I know the sign needs to come down and the rear portion of the building needs to be removed. I am prepared to do whatever need to be done to make this work. The carport is no permanent so that can be moved forward. This was a car dealership since 1953 and I just want to use it as that again. I plan on doing this the right way. JM – We need your plan showing what is being moved and removed and where they will be so that we can approve the plan to become part of the decision. We have asked for this type of plan several times. AZ – I would be in favor of not revoking the special permit and giving the petitioner one month to show all structures to meet within the specified lines. JS – Agree JM – Agree and put on for next month to submit the plan showing the removal of the building, the move of the carport and all to comply within the property lines. Harold Mateo said that he understood and promised to have the plan for December. 9 AZ – Motion on ZBA-2017-32 to Approve the Review with a continuance for a plan to be submitted showing all structures within the property lines (what is being moved and removed) and the plan for snow removal. JB – Motion Seconded VOTE: 5-0 APPROVE the Review with a Continuance MM – We cannot have a clear decision until the plan shows all structures within your property. Harold Mateo – I understand ZBA-2017-10 JMC Apartments, LLC 234 DANIELS ST 8:50PM Continuance Review of the conditions placed upon the Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 2-family dwelling located in the Residential B District at 77/15/0 LM – Petitioner requested a continuance to the December meeting as he is still working on the project. *No one was in attendance in the audience for this hearing. JB – Motion on ZBA-2017-10 to Grant a Continuance of the Review to December 12, 017 AZ – Motion Seconded VOTE: 5-0 GRANT a Continuance of the Review ZBA-2017-26 Brett Usher & Silvia Calvillo 162 MARSHALL ST 8:55PM Continuance Review of the Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 3-family dwelling located in the Residential B District 3/68/0 of the condition that the paved space in front of the property be changed to green space and inspection of the parking in the rear for compliance and to present the board with a Snow Removal Plan or a Letter of Permission from the abutter to use their property for snow dumping. Presentation given by Brett Usher and Silvia Calvillo-Hayes stating that they have been working on the property, but there is no way that they can make more parking. A Letter from the Engineering Department (Exhibit V) stating that the parking pavement and driveway access will not safely and efficiently support parking for 5 full size vehicles (9’ x 18.5”). Facts of this case were discussed and the lack of compliance with the conditions placed upon this special permit is of great concern to the Board. The Board reminded the petitioners that Conditions are not meant to “just try”, but they are meant to be followed and complied with. The parking is found to be inadequate for a 3 family rental building. Condition #2 of the July 11, 2017 decision of the space in the front of the house to made into green space is in non-compliance. A car is parked on what should be lawn in the front of the building. Board discussed with the petitioners options to 1. Comply with the conditions placed upon this special permit, 2. To reduce the number of units to a 2-family dwelling in order to comply with parking, 3. The Board will decide what is to be done in regard to reducing or revoking the special permit. AZ – If we continue this review to January, the Board will want to see some substantial progress toward green space and no parking in the front of the building. JB – If there has not been substantial progress by January to comply with conditions, I will be inclined to reduce this property to a 2-family. 10 MM – Motion on ZBA-2016-26 to Continue the hearing to January 9, 2018 for the petitioners to provide this Board with a definitive plan for parking and snow removal to move forward AZ – Motion Seconded VOTE: 5-0 Continue the Review to January 9, 2018 ZBA-2017-16 South Middlesex Nonprofit Housing Corp. 94 HIGHLAND AV 9:00PM Continuance [Appeal to Overrule the Building Commissioner’s Decision of a] 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 Attorney Christine Tree, Assistant City Solicitor went over the notice of this hearing and Attorney Katherine Garrahan elected to go forward even though it did not state that the hearing was to overrule Robert Lanciani, as the Building Commissioner’s, Decision (see above). *No one was in attendance in the audience for this hearing. AZ – Can you describe a typical schedule of an average individual in this program? Susan Gentilli, Chief Procurement Officer, stated that first there is an assessment process to develop a service plan for each individual. Their schedules differ according to their individual needs. Once they begin to work on a plan they will have on site meetings with their case worker, support group meetings, nutritional meal planning, and basic life skill and house meetings. Once they are ready they will be getting jobs and going out into the work force. AZ – On average, what percentage of educational activities opposed to counseling each day is provided for an individual? Ms. Gentilli - The program provide information each day. Off-site GED training and educational classes at some level. AZ – What is the amount of time an individual spends doing strictly educational activities on any given day? Ms. Gentilli – Everything we do here has an educational portion. Hard for me to say. AZ – Wahat is the percentage of an exemplary individual of active educational programs on premises classes versus off site education and training? Ms. Gentilli – Programs are individualized, it is hard to differentiate between the two. On site they teach wellness skills, proper diet, behavorial health as AA & NA. The access educational and vocational needs such as How to Interview, Job Skills, Case Managers often go off site with a client. AZ - How many staff are in service at the site? Ms. Gentilli - One Case Manager is on site the entire day and others come and go during the day. Residents not presently employed will see their case manager every day for the first few weeks for approximately one hour of individual time. Then they may check in by phone with the client. AZ – What are the minimum requirements for eligibility? Ms. Gentilli – They must agree to participate in the program and want the benefits offered by this program. AZ – What constitutes termination? Ms. Gentilli – Egregious misconduct. If there are interpersonal problems and they don’t participate in this program, they will be referred to one of our different programs and then they will meet with the Case Worker and agree to be signed off. AZ – How is this program specifically educational opposed to traditional education and a social service program or facility? Ms. Gentilli – Social Service facilities primarily support them in retaining their housing. AZ – Can you contrast this with a Rehab Facility? Ms. Gentilli – A rehab facility is usually drug recovery and time limited with recovery support. Recovery is one of our focuses, but not the only one. AZ – Parking? Ms. Gentilli – In programs like this, clients do not generally have vehicles. There are only about 4 staff members on site at any one time. AZ – What is the number of resident rooms that you will have? Ms. Gentilli – 17 entrants and 2 Case Managers on site. First the Case Manager visits for ½ day and then they are in and out. AZ – Does each resident have a case manager each day? Ms. Gentilli – They are in and out of the building. It is a 22 room house. AZ – So there is 17 client to one full shift staff member. 11 AZ – How much of a resident’s day is free for them to schedule for themselves? Ms. Gentilli – Managing their free time is part of their plan. We don’t allow people to spend a day lying around or playing cards all day. The program helps people to manage their free time . Learning to schedule fee time activities instead of drinking or doing drugs is a living skill and part of the program. MM – Would you consider or are you able to reduce the number of clients in the building? This is a lot of concentration in one building. AZ – We have run out of time and must continue the hearing. AZ – Motion on ZBA -2017-16 to Continue this hearing to December 12, 2017 at a time to be determined JM – Motion Seconded VOTE: 5-0 GRANT a Continuance 4. MISCELLANEOUS Discussion of:: Week/Day/Place for ZBA Hearings in 2018. FD take precedent over other meetings. 5. ADJOURNMENT 12

Agenda

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 SENIOR CENTER, 14 WALLACE AV MEETING AGENDA – November 14, 2017 1. Call to Order PLEDGE OF ALLEGIANCE 2. Communications ATTENDANCE: 3. Hearings CASE No. APPLICANT PROPERTY TIME ZBA-2016-08 Sebastian Cazard 34 KIMBALL PL 6:00PM Review of a Special Permit under §181.313D5 for a Construction Business, storing construction vehicles and materials on the property located in the Industrial District at 28/8/0 ZBA-2017-21 Ramol Partners LLC 102 DEPOT ST 6:05PM Review of a Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 2-family dwelling located in the Residential B District at 87/17/0 ZBA-2017-19 Mohammad Chaudhary 19-23 PROSPECT ST 6:10PM Review of a Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 2-family dwelling located in the Residential B District at 18/48/0 ZBA-2017-26 Brothers Parking Lots & Roads 126 JACKSON AV 6:15PM Review of a Use Variance under §181.313A1 demolishing the existing house and to construct a new single- family home with a Special Permit under §181.332 for a home office and a Special Permit under §181.313D5 for a construction yard located in the Industrial District at 59/9/0 ZBA-2017-45 Clearwater Real Estate 143-149 CLARENDON ST 6:20PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a convenience store and laundromat located in the Neighborhood Business District at 77/16/0 ZBA-2017-46 AG Carpet & Floor Corp. 111 COLUMBIA AV 6:30PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family dwelling located in the Residential A-2 District at 202/26/A ZBA-2017-47 Elias Gonzales 8 BLAIS CT 6:45PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family dwelling located in the Residential C District at 631210 ZBA-2017-48 Jorge Toso 63 PRATT ST 7:00PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family dwelling located in the Residential C District at 77/99/0 ZBA-2017-49 Nicholas Cochrane & Francisilley Barcellas 8-12 READ ST 7:15PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a three-family dwelling located in the Residential B District at 16/13/0 ZBA-2017-50 Ian Brennan 176 BLOSSOM ST 7:30PM Special Permit under §181.353 to add exterior stairs extending a nonconforming structure located in the Residential A-1 District at 326/31/0 ZBA-2017-51 Sean Roy 18 CHARLTON ST 7:45PM Special Permit under §181.355 to add a farmers porch to a nonconforming structure which will increase the nonconformity located in the Residential B District at 158/16/0 ZBA-2017-52 M.A.S. Realty Corporation 93 NORKEGE ST 8:00PM Special Permit under §181.352 to modify a mill demolishing a third of the building adding small additions creating office space and relocate a manufacturing facility located in the Industrial District at 28/23/0, 28/24/0 and 27/9/0. ZBA-2017-53 Susan Tedesco 97 APPLETON CR 8:15PM Special Permit under §181.3561 to reinstate an abandoned/vacant building located in the Residential A-2 District at 176/19/0 ZBA-2017-54 Meaghen & Timothy McNamara 89 PACIFIC ST 8:30PM Special Permit under §181.3561 to reinstate an abandoned/vacant building as a single-family located in the Residential B District at 22/52/0 ZBA-2017-37 Loira Maldonado 30 PIERCE AV 8:40PM Recalled Review of the Special Permit under §181.3561 granted September 19, 2017 with a misrepresented finding (B) under §181.3561 to reinstate an abandoned/vacant building as a single-family located in the Residential A-2 District at 203/28/0 ZBA-2016-32 Clearwater Real Estate Investment Group, LLC 1118 WATER ST 8:45PM Continuance Review of a Special Permit under §181.3561 to overrule the Building Commissioner’s decision and to reinstate an abandoned/vacant building located in the Central Business District 148/12/0 ZBA-2017-10 JMC Apartments, LLC 234 DANIELS ST 8:50PM Continuance Review of the conditions placed upon the Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 2-family dwelling located in the Residential B District at 77/15/0 ZBA-2017-26 Brett Usher & Silvia Calvillo 162 MARSHALL ST 8:55PM Continuance Review of the Special Permit under §181.3561 to reinstate an abandoned/vacant building as a 2-family dwelling located in the Residential B District 3/68/0 of the condition that the paved space in front of the property be changed to green space and inspection of the parking in the rear for compliance and to present the board with a Snow Removal Plan or a Letter of Permission from the abutter to use their property for snow dumping. ZBA-2017-16 South Middlesex Nonprofit Housing Corp. 94 HIGHLAND AV 9:00PM 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 4. MISCELLANEOUS Discussion of:: Week/Day/Place for ZBA Hearings in 2018. FD cannot schedule a year in advance and FD take precedent over other meetings. We post 1 year dates ahead of time. 5. ADJOURNMENT 2

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