Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 MEETING MINUTES – December 10, 2019 SENIOR CENTER, 14 WALLACE AVE 1. Call to Order LM PLEDGE OF ALLEGIANCE ALL 2. Communications LM ATTENDANCE: LM, MM, AZ, JB & JS 3. Hearings ABSENT: JM 4. ALSO ATTENDACE: Mark Barbadoro, Building Commissioner & Atty. Vincent Pusateri, City Solicitor CASE No. APPLICANT PROPERTY TIME ZBA-2017-16 South Middlesex Non-Profit 94 HIGHLAND AV 7:00PM Remanded from Superior Court to amend the original Petition to seek a special permit to reinstate a prior use as a boarding house under §181.3561, to seek a special permit to operate a boarding house under §181.313A5, to overrule the Building Commissioner and to grant a reasonable accommodation under the FHA and ADA located in a Residential C District Map 45 Block 5 Lot 0 Presentation was given by Katherine Garrahan, Douglas Radigan (Attorneys) and Matthew Lane (South Middlesex Director) stating that they amend the petition which was initially submitted in March 2017, this request relates to the propose residential program for the persons with disabilities as it explained on City Solicitor letter. We propose to you authority determinate a reasonable accommodation for persons with a disability under the Fair Housing Regulations under State Federal Law. Also, asking under a settle request including Special Permit for boarding house use in the Residential C Zone and for revival a pre-existing non-conforming use in a pre-existing non-conforming structure, regarding the propose use the petitioner request two Special Permits for Boarding House use under section 181.313A5, for what will be two whole educating units within the structure. So, there will be Unit 94A and 94B Highland Avenue. Under the Ordinance boarding houses may be 6-residents. So, one of the reasonable accommodation that we are requesting under the Fair Housing Act., is that each of these two units be allowed to have seven resident with a total of 14-residents at the property, plus one resident manager that will be living in one of the units and have responsibilities as a housekeeping. Additionally, we asked that you make a reasonable accommodation as treating the program as one housekeeping unit, which is consistent with the City’s treating approved to disable adult live together with a definition of family, and allows units to not to have separate kitchens and separate living area. Regarding the Special Permit for the continuation of the pre-existing non-conformity use structure, the proposed use is consistent with the use with the prior owner and is not substantially more detrimental than the existing non-conforming use. Regarding of the structural the building was erected over a century ago and the applicant does not plan or intend to do any external renovation, other than if requires to add a handicap access ramp. Property has accrued parking for the 14-residents that is proposed with in accordance with the City Zoning by-law is one parking space per every 2-beds and there are 9-parking spaces at the site. So, its compliance with the parking requirement for boarding house use. If the Board decided to approve the Special Permit and the accommodation requested, the petitioner as a part of the renovation is installing a sprinkler system which gives the building fire safety. Our organization had received an award from Mass Central to install a sprinkler system. So, this is been presented to the Board in the form of a settlement agreement with the City. Those seeking Information: None Those in Support: Mark Barbadoro (Building Commissioner) stating that he is in support of the petition, which he not normally get involve, but he was very happy that the agreement includes sprinkler system, accessible bathroom, adequate parking. Atty. Pusateri (City Solicitor) Also on the support of the petition. The first interest that we have in the City is trying to find adequate housing for people who are suffering from drug issue and alcoholism. So, he has been working with Fitchburg District Court, who are running an outstanding drug education rehabilitation program and all we need to facilitate this to happen to be housing for those people. So, he is happy to give them the opportunity to do that, the building is a 400SF building. It is an enormous building. The City has a very distinct interest in following with this to happened and renovated with a settlement of future sober home delegation. The most important thinking about this building is that it is situated in the area that is permissible for the border house. So, if he was a neighbor and he lives in that area he wouldn’t be surprised to find out that there is a boarding house next to his house, it does not completely degrade the zoning by-law on the single and two-family dwelling. We are stingiest excited and Chief Jordan because of the renovation, this building is going to be sprinkled and it well prepared to no one would die in it. This is going to be two independent lodge houses, so, this applicant is going to have on-site overnight staff person within the building. Having one kitchen is the best fit on a single house unit, dumpster on the property will be very convenience, parking through Myrtle Street and 2-parking off Congress Street won’t be using, they are going to use that space to place the dumpster. AZ – Petitioner seeing to be under the impression that the settlement is one additional resident per floor plus a property manager, but reading City Solicitor letter indicates one additional bed on each floor or seven and seven. So, are we asked by the City to permit a total of fourteen residents plus property manager or, a total of fourteen people include the property manager – Mr. Lane – Our understanding was 14 plus 1, but we are okay with 14 in total LM – Reeds correspondence from Board of Health on a concern about the applicant not maintaining the property, as they also own 20 Myrtle Avenue and do just a minimum to meet code – Mr. Lane – That was a long time ago, and we are happy to help to be comply, just some time is hard to work with tenants MM – So, this is one building is presently a single-family home, one kitchen and our by-law allow us to grant Special Permit for boarding in this district, and boarding house allows for up to 6-persons individuals. So, it makes sense to have a maintenance person on the property 24/7 and have an additional which will be seven for one unit. So, now we want double the use for in a single-family house, if the City is going to allow the use for it as two units let make it as two units with two kitchens. He wants to be reasonable and help to accommodate, but he still thinks that we are a little far off on regards to the density - Atty. Radigan - Respectfully with about the density we have come down quite a bit with to turn down our numbers MM - He is okay what you think you come down too, but he also looking at what the by-law asks for and he is trying to not be out of line, but we are trying to put two boarding units. And really what is concerns him is how the existing business is that this organization is keeping within the City are being taken off – Atty. Radigan – Part of the reason that we are asking relief under the Fair Housing accommodation is the fact that the experiential base education program that is going to be on, is this facility. Required the participation of the participants and residents of the units, it is strongly believed that the number of participants as needed with respect to participating and providing important valuate site for educational experiential learning what is going on among the residents MM - So, what are you saying is that it has to be a deducted number of people to make this work, educational? - Atty. Radigan - that’s exactly, that’s the difference between of over exception which that we could delegate back on the court or try to get the resolution here that both the City and our organization agreed Atty. Garrahan – The program is kind of a continuance with new people coming in, people who have been there and people are soon too graduated, so the program is designed to have that net. This is a pre-existing use there was previously a similar to this pretty much identical. MM – He just trying to be consistent according to with our City by-law for a boarding house that’s all JB – Having separated kitchens will be better Atty. Pusateri – Well, we could say and discuss a second kitchen, but what is it? Install a stove, sink, and cabinet on the wall that’s will make a kitchen LM – What is the number of rooms in each unit? - Mr. Lane - It was designed for 18 units, but we haven’t reached to the architect to redesign LM - So, you are going to reconfigure everything? - Mr. Lane - Yes, that’s the idea AZ - He does want to ask about the specifics of the kitchen and the single kitchen set-up? - Atty. Garrahan - So, group meals, tenancy shorts of that will work better, which is model use AZ - It is been successful in other properties, what kind of track do you have in other properties that you had used this model, and how successful it had been? - Mr. Lane - Well, for a property like this is probably maintain tenancy for as long as they can, living in the sober environment is mentally where we have a lot of classification people that we work with in general. So, on property like this, it is a good model when neighbors don’t even know that it’s been used without notice it LM – One section of it for the six or seven people, common space kitchen? – Atty. Radigan – Yes, the kitchen is really big, and probably we would have more space as we come along 2 Atty. Pusateri – The parcel was .331 acres of landing with a group of residents building, in 1900 having 5370sf with 5- bathrooms, 22 rooms and identify 2-kitchens on it MM – He wants to help them to make this work, you may be looking at it from a financial standpoint. He is looking from overload people who will reside in there for the City, and he is okay with the proposed number, but with two kitchens. He thinks that it is a very reasonable to accommodate that number of occupants in a building, he gets it that is a 5300sf, but it’s a lot of unrelated people in one building. So, he thinks that will help to prevent some situations that are similar and been occurring on some of the other buildings JS – She doesn’t have any problem with one kitchen MM – Just one another thing if they are going to change substantially the Board should have a copy – Atty. Radian – Will happy to do that AZ – Motion to Grant leave to ament the petition as requested JB – Motion Seconded Vote 5–0 to Grant leave to ament the petition as requested AZ – He does like the idea of the restoration of previous non-conforming use group AZ – Motion to move this petition off the table JB – Motion Seconded Vote 5-0 to move the petition off the table Atty. Pusateri – Petitioner is interested in pursuing a second kitchen to accommodate the number of occupants in the building. We have two traditional lodging house and they can have an operator or the owner and six people, so that’s just a concept and that’s the way we should be looking at MM – With all my respect, but we are doubling the number of occupants in one building. Just base on common sense it is seeing a financial thing and not that the people need to be there to be able for an end positive result. This company own many buildings, this is not the first or second AZ – He is ready to vote, they are willing to put a second kitchen he is okay with the six plus one, six plus one for a total of fourteen. AZ – Motion on ZBA-2017-16 under §181.3561 and §181.313A5 to Approved two Special Permits, for 94 Highland A and 94 Highland B for the operation of a boarding house. To Approved the reinstatement of the prior structure non- conforming use, to DENIED reinstatement of prior use non-conforming use and to UPHOLD the prior decision of the Building Commissioner except condition three deeming that MSRO is not permitted in the zoning. Finally Approved a reasonable accommodation of one additional resident per floor, one of which should be a manager, no required additional egress with the following conditions: 1. Dumpster to be fenced on all sides not adjacent to the building, with vinyl fence. 2. Parking spaces to be 9 x 18-1/2 with adequate back-up/turning space. 3. Certified plot plan to be submitted at the time of review. 4. Detailed floor plan to be submitted at time of review. 5. Kitchen to be installed in the second unit, with proof of work submitted to the Building Department. 1. Sunset Clause – Special Permit shall expire upon transfer of the property by South Middlesex Non- Profit to any other person or entity. 6. Six month review – June 9, 2020 JB – Motion Seconded Vote 4–1 to Approved Special Permit ZBA-2019-23 Zachary Poladian 285 RIVER ST 7:15PM Review of a Use Variance under §181.962 Special Permit under §181.352 to operate a motor vehicle sales located in an Industrial District Map 39 Block 51 Lot 0 At this time petitioner had asked by writing for some additional time so he obtains a certified plot plan Those Seeking Information: None Those In Support: None Those Opposed: None 3 MM – Motion on ZBA-2019-23 under §181.962 to Continuance with the Review to January 14, 2020 JB – Motion Seconded Vote 5–0 to Continue with the Review to January 14, 2020 ZBA-2019-37 William Stanley 126 JACKSON AVE 7:25PM Special Permit under §181.313D5 to conduct a construction yard business located in the Industrial District Map 59 Block 9 Lot 0 Presentation was given by Eric Stanley and Karen Stanley (petitioner’s mother) stating that they want to continue using the property as a construction yard as was previously approved. At this time they would like to install a portable potty for workers to use, but any longer want to that. They no longer interested in the 15X15 shed, planning to keep it the property as the way it is Those Seeking Information: None Those In Support: None Those Opposed: None LM – Any outdoor storage? – Karen – No LM – And all that is currently on the property where are you going to be storage all those? – Eric – Yes, for the most part, tools stay on the carrier machine and anything else it goes on the back of the trailer LM – So, they are on the vehicles usually? – Karen – Yes LM – The final Paving, did you apply a final coat on it? Eric – Yes, we did a base layer and then we did a top layer LM – So, don’t want to have a shed? – Karen – No, it seeing too many problems with it LM – She thought that you could have a specific size at there – Karen – Yeah LM – So, why do you go like that? Won that be helpful to you? – Karen – We try, but with different size and was a problem MM – Well, you can’t put a portal potty on the property because they usually are for temporary use – Karen – Yes, but it will only seasonal MM – How many vehicles are you planning to keep in the property? – Eric – 3-dump trucks and 1-Utility truck MM – Property is located in the Industrial area, he is okay allowed parking four and must be City register AZ – Are you planning to sell the property? – Eric – No MM – He has no problem approving the Special Permit as long that you keep it neat and tidy and do some landscaping around the property – Karen – Okay MM – This is in an Industrial area surrounded by other business similar to it AZ – Motion on ZBA-2019-37 under §181.313D5 to Approved the Special Permit with the following conditions: 1. Property to be fenced right, left and rear side no more than 6FT height 2. Parking to be pave and final coat on it 3. No more than 4-vehicles in the property 4. No portal potty installed on the property 5. Sunset Clause: Special Permit shall terminate/expire upon the sale/transfer of the business/property from Eric J. Stanley JB – Motion Seconded Vote 5–0 to Approve the Special Permit with conditions ZBA-2019-38 Thomas & Harriet Thomas 314 KIMBALL ST 7:40PM Special Permit under §181.352 to convert a single-family dwelling into a two-family dwelling located in a Residential C District Map 40 Block 45 Lot 0 Presentation was given by Harriet Thomas and James Thomas stating that currently is one family and it has the first second and third floor. She wants to live on the first floor with 1-bedroom, and her son will have 3-bedrooms with separate bathrooms. LM - Did you look at doing at Accessory Apartment? - James - His mom likes to help others and having this extra rooms empty allows her to invite others who need a place to stay to use the space and later after she gets into trouble with City Board of Health, and other City departments. By allowing us to convert this single home into a two-family will allow him as the son to occupied the second unit with the 3-bedroom unit and help them as well not allowed he to have strangers occupying the available space 4 LM - So, what do you have in the property currently, do you have two kitchens? - James - Always had two kitchens. So, upstairs has a living room, kitchens, the hallway, the first floor has a kitchen and living room together, bathroom LM - How many bedrooms? -James - Three on the second floor and one on the first floor has a bathroom, kitchen, living room and bedroom LM - Is an identical set-up? -James - No, the upstairs has 3-bedrooms, but if he doesn’t do this she will take homeless people and you are going to have more headaches because that’s what she does. And the last person she had contacted Board Health, Building Department and Fire Department came in and they advise her to had this lady move out and maybe convert the house into a two-family, and there is plenty parking Those on Favor: None Those seeking information: None Those on Opposition: None LM - Reeds correspondence related to the petition: see exhibit “A” LM - So, what happened with the pool was on the property years ago? - Harriet - It was barrier years ago LM - How about the bedroom was located in the garage? Harriet - Still there, it never had used as a bedroom, her husband uses this space to relax, and use it as his personal spot. However, the Fire Department visit the property and saw the space which also has a closet and therefore they categorize it as a bedroom Commissioner Barbadoro - Basically this building had already been converted to the place and done the work without the benefit of a Building Permit. So, his only comment is there is going to be some building code issues to address to make this place safe AZ - Visited the property and its appearance to have plenty of parking - Harriet - Yes, there is plenty of parking and she works for VanPool which there sometimes the minivan is at the property AZ - Who is living there now? - James - Right now is just his parents and he visits them AZ - The reason he asked is that there are 2-sets of trash barrels, which is normally will indicate two-units family - Harriet - Yes, previously there were 13 people living in this property and they obtained extra trash barrels MM - Just base on the feedback, he is not on favor increasing the density on the property JB - Well, it appears that is already done as a two-family, if we approve the permit it will be a lot of code violation AZ - He will on favor with conditions to be converted to a single-family prior ownership change AZ - Motion on ZBA-2019-38 under §181.352 to Approved the Special Permit as requested JB - Motion Seconded Vote 0-5 to Approved the Special Permit ZBA-2019-39 Lam Nguyen 433 FIFTH MASS TPK 7:55PM Special Permit under §181.3566 to reinstate a vacant/abandoned building as a single-family dwelling located in the Light Industrial District Map 275 Block 11 Lot 0 Presentation was given by Lam Nguyen stating that he recently obtained the property which was abandoned and it’s located in the Light Industrial Zone. His intent is to fix as it needed and resided in said property. At this time he hasn’t been able to pull any permits from the City to fix it. Commissioner Barbadoro - Just to clarify that the Building Department has authority to reinstate single and 2-family dwelling, if in the Residential Zoning Districts except for the ones are in the Light Industrial, Industrial and Central Business Districts. LM - This is a great property been there before Those on Favor: None Those seeking information: None Those on opposition: None MM - Great potential he thinks it meets the criteria to reinstate and will be great to see back in life AZ - He is okay and ready to vote LM - When do you think you would start working on it? - Lam - As soon as possible AZ - Motion on ZBA-2019-39 under §181.3566 to Approved the Special Permit to reinstate it as a single-family dwelling with no conditions MM - Motion Seconded Vote 5-0 to Approved the Special Permit with no conditions 5 ZBA-2019-40 Jose Santos 1033 MAIN ST 8:10PM Special Permit under §181.313C11 & 12 to occupy the building for Automobile Sales business and Repair services located in the Central Business District at Map 18 Lot 90 Block 0 Presentation was given by Jose Santos stating that he intents is to continue doing the same as he has been doing auto repair. LM - Chair Person recuse herself for hearing MM- As a one member person recused only leaves four members on the board, which means that you are going to require a unanimous vote. Would you like to proceed with your petition tonight or would you like to continue when there is more member’s boar? - Jose - proceed tonight MM - How long have you been there? - Jose - He been there for almost three years, he was the one who had rented from the beginning and before he used to be a partner with Pavlos Amanatidis. Currently, he is seeking to have all the utilities under his name and therefore he wanted to do the petition on his own as an auto sale and repair and not to cause any problems Those on Favor: None Those On Opposition: None Those seeking information: Robert Telbelt as a general curiosity wants to know what’s the plan is going - MM - It’s the little garage that been operating, is not the one that been clear - Robert - Okay, that’s his impression was - MM - No, that’s1028 Main S JS - Where you aware a year ago the Special Permit was revoked - Jose - No, Mr. Amanatidis never told him about the revoke JS - Are you the only one working? - Jose - Yes, he does general repair AZ - Are you currently operating? - Jose - Yes, he has been doing it because no one told him that he was on the violation. The Building Department contacted him and inform him that he wasn’t allowed Mr. Barbadoro - Usually what we do is to allow them to apply to fix the problem and give them some time AZ - Is Mr. Amanatidis still involved with? - Jose - No, he doesn’t want him to do anything with him AZ - When we drove pass today we saw about five or six people hanging around the garage - Jose - Yes, they were waiting for the car JB - How many cars do you sell there? - Jose – Currently he doesn’t sell any cars, but would like to do it JB - He thinks it’s a little to crow for auto sale AZ - How many cars are you looking to have for sale? - Jose - Maybe five or whatever the Board think is okay MM - There is not enough real estate there, but it’s a great place to do the auto repair. You got to have few vehicles for parking for employees, few vehicles waiting on the cube to go in for repair and you got have couple vehicles in the garage, there is not enough real estate. Plus you have a place to store your trash. He goes by the property at all times and it will be great if you can get rid of the handmade signs, there are two of them. Have a nice professional sign its reflection on your business, any temporary sign, banners those signs will have to come down. So, if the Boar allows the Special Permit they are going to be a lot of conditions - Jose - He will be okay with MM - Hours of operations? - 9:00AM to 4:00PM Monday through Saturday JB - Agreed with conditions ZA - Repair only at least for now and add the Sunset Clause as a condition AZ - He thinks given the petitioner’s history with the prior petition and everything he is well aware of the fact that we are going to be for all this and not accepting excuses every couple months AZ - Motion on ZBA-2019-40 under §181.313C11 & 12 to Approved the Special Permit as Auto Repair and to Denied for Automobile Sales with conditions on Repairs as follow: 1. No outside storage of vehicle parts 2. No handmade signs-banners-Professional signage only 3. No vehicles for sales 4. No unregistered vehicles 5. Six months review - June 9, 2020 6. Auto repairs within the building only 7. No visible trash to the front of the property 8. Dumpster to right rear 9. Sunset Clause: Special permit will terminate/expire upon 10. Hours of operation Monday through Saturday 9:00AM to 4:00PM 11. No storage of vehicles other than acting customers and employees JB - Motion Seconded 6 Vote 4-0 to Approved the Special Permit with Conditions ZBA-2019-41 Heather Queenan 714 SOUTH ST 8:25PM Special Permit under §181.332 to operate a home office business as a tow company parking the tow truck only on property located on Residential A-2 District Map 138 Block 8 Lot 0 Presentation was given by Heather Queenan and Robert Batson (Property Owner) stating that they are seeking a Special Permit relief to park her tow-truck on the driveway all the way back on the property Those Seeking Information: Christopher Caron of 712 South Street which is a direct abutter of the petitioner the issue he has with the business operation is the back-up alarm at night, this property is a 500fts driveway and is very loud when they back- up all the way out. Those On Support: None Those On Opposition: None LM - Can you tell us more about what your intentions are? Heather - Just to go down on our driveway LM - Would you been having vehicles up towed the property? - Heather - The only times that happened is because she works for insurance auto auctions over Shirley and Templeton, so if she can’t get back by 5’clock when their gate shut. She has kept the car on top of the flatbed until the next morning when they open back at 8’clock but doesn’t leave the top of the tow truck LM - Are you some kind of business? -Heather - The only reason why she has to do a little office to put a computer on is to get repair plates as other tow trucks had. Currently, she only has a regular commercial plate and to obtain a commercial to tow more than one she needs a business office. The incident that Mr. Caron has mentioned it only happened once LM - How often do you drive late night? - Heather - Only happened once LM - So, a rare occasion that it happens? - Heather - She never drives up, believe her LM - We have to consider the neighbors because that noise is very annoying - Heather - She leaves the house around 6:30 AM or 7:00 AM and drop the kids at St. Bernard’s and get home at the afternoon and once she is home don’t want to get out again Mr. Barbadoro - Just so the Board understands that home office business occupation it’s permitted by right, but the over ten thousand weight truck in the property is not. It could be a problem for the neighbors if it is possible to have the petitioner vehicle turn around and don’t have to back it up for the overnight operation. The Building Department gets a complaint about other tow truck operates on the Residential District where the complaint tent to be at three on the morning and the guys driving with that loud noise - Heather - No, she wants to her own truck she bought it, just to run auto auctions and they only open between 8-4 AZ - So, you don’t take emergency calls? - Heather - No, she doesn’t, we have two younger kids and needs to be home to make supper LM - So, flashing is not generally on? - Heather - No, obviously they are going to be on when out of South Street just to pull into the driveway, just to get into the driveway and then she turns it off LM - Do you need to have them on? - Heather - Well, is just because how the way the driveway is AZ - So, she is here seeking Special Permit relief because of the 10K tow truck that’s not allowed - Heather - Yes, and we also are just one line away to be Commercial Zone MM - Where is the office will be located? - Heather - The shed is the office, which has electricity MM - It is a driveway of 7FTS easement to pass over the abutter’s property? - Heather - Not to her knowledge MM - So, you don’t come home late at night? - Heather - No, she has two kids and has to be home by six everyday JS - You are not going to be expanding your business? - Heather - No planning too and don’t have employees either is just by herself AZ - You did say that is something that you can install to switch off the beeper? - - Yes AZ - Okay, because there is more than one house Mr. Batson - Out of curiosity is there a noise regulation ordinance? - AZ - Yes, but is difficult to apply, therefore when we granted Permits we like to put conditions on to accommodate surrounding interest MM - On favor just maybe one year review just to see how things go JS - May add as a condition to not to spend the business keep to just one truck AZ - And he would like to see the condition with the beep switch to turn it on and off AZ - Motion on ZBA-2019-41 under §181.332 to Approved the Special Permit with the following conditions: 1. No more than one tow-truck 7  2. Beeper switch to be install and use when on property 3. One year review to December 8, 2020 4. No off truck storage of tow truck vehicles on the property 5. No storage of unregistered vehicles to be keep on the property JB - Motion Seconded Vote 5-0 to Approved the Special Permit with conditions 5. MISCELLANEOUS 6. ADJOURNMENT 8