Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 NOTE: THIS WILL BE A VIRTUAL MEETING. MEMBERS OF THE PUBLIC THAT WISH OBSERVE THE MEETING CAN GO TO: https://register.gotowebinar.com/register/6357008302576587534 +1(415)655-0060 PERSONS THAT WISH TO PARTICIPATE PLEASE EMAIL mmata@fitchburgma.gov MEETING MINUTES – TUESDAY JUNE 9, 2020 MEETING TIME: 7:00 PM 1. Call to Order LM PLEDGE OF ALLEGIANCE ALL 2. Communications LM ATTENDANCE: LM, MM, AZ, JB, JS & GB 3. Hearings ABSENT: BG 4. ALSO, ATTENDANCE: Mark Barbadoro, Building Commissioner CASE No. APPLICANT PROPERTY TIME ZBA-2019-07 Dufresne Realty Trust 197 LUNENBURG ST 7:00PM Review of Variance under §181.414 for the construction of a Free Standing 2’ from the sideline of Lunenburg St. and the bottom of the sign will be street level located in the Commercial & Automotive District 46/30/0 Petitioner hasn’t join into this evening virtual meeting and there isn’t any attendee on his representation or neither seeking information in related of this case Those On Favor: None Those Seeking Information: None Those On Opposition: None At this time Board Members agreed to continue the review to September 8, 2020 MM – Motion on ZBA-2019-07 under §181.414 to Continue with the Review to September 8, 2020 AZ – Motion Seconded Roll Call Vote 5–0 to Continue with the Review to September 8, 2020 ZBA-2019-02 Santiago Fernandez 84 PRATT ST 7:15PM Review of the Special Permit under §181.3561 to reinstate a vacant/abandoned building as a 3-family dwelling located in the Residential C District at 77/68/0 Join the Virtual Meeting Santiago Fernandez stating that the inside building is all complete and up to code. New Fire Scape had been installed and inspected. Parking and driveway are the only parts that hasn’t been complete, just waiting for the hire company to show up which he believes it will be done in a week or so. LM – She drove by the property and noticed that the driveway is in process looks like. Could you tell us what the status is with that? – SF – Yes, he has finished the building and the City wanted up to code fire escape. He did it for the back of building. He now started working on entire parking lot and driveway, he had somebody scheduled for Monday, but for whatever reason he got rescheduled to next week. LM – Do you have Occupancy from the Building Department? – SF – Yes, verbally he has. They gave him permit to utilize the first and second floor, but on the third floor they wanted him to wait until the fire escape was done. LM – So, they sign off on your permits? – SF – Yes, everything has been sign off, but he hasn’t obtain the Certificate Occupancy yet due of the Covid-19 Those On Favor: None Those Seeking Information: None Those On Opposition: None LM – She think that we should have another review to make sure he has obtained occupancy, has met all the building criteria and parking is done accordantly with City standards MM – The only recommendation would be to coordinate to be at the time after the project is complete, so we can close it up JB – He visited the property and whatever the petitioner said is true everything is done, just the driveway and the parkin lot. So, let have him to come back till he finished AZ – Also, visited the property and looks good understandably the driveway is not finish, everything has been slow done lately. So, lets him to come back when it’s done JS – Just curios of what Commissioner has to said MB Commissioner – He doesn’t actually go out to this building, he had spoken to the building inspector that has been out there and it is seeing that he is satisfy with the work is proceeding, so he said is going to be soon that he will be done AZ – Motion on ZBA-2019-02 under §181.3561 to continue the Review with the following conditions: 1. Driveway and parking to be re-pave 2. Property to be brought up to code according with the Building Department regulations 3. Review in July 14, 2020 JB – Motion Seconded Roll Call Vote 5–0 to Continue the Review to July 14, 2020 ZBA-2016-31 Active Life Health Care Management/Valdimir Giterman 783 WATER ST 7:30PM Review of Conditions placed upon a Special Permit under §181.313B5 to conduct an Adult Day Care Center located in the Industrial District at 122/23/0 At this time petitioner neither property owner had joined the virtual meeting this evening LM – She thinks that the property looks good and they are doing nice job, it will be nice to see some vegetation and garden if they are going to completed as the plan was submitted Those On Favor: None Those Seeking Information: None Those On Opposition: None AZ – He thinks the reason that we were concern about the change of ownership was specifically to see if the new owner had any issues, but since everyone seeing that the Bakery property looks decent anyway. He was sure if it there any reason to drag it out far, we all know that they are running a good operation there. So, he thinks that this case just should mark as a complete JB – Well, the place is running fantastically inside, place clean on the inside. Is just the parking lot, which people on the inside has nothing to do because they are not the owners. So, he doesn’t know if we could continue this case, and not getting anything done. It would be good if we can call the owner to get some answers because keeping calling these people doesn’t do any good MM – We have heard this case, but what we all discuss was the beautification because of a gateway property. There have been some issues or miscommunication with the sale of the property, which he is definitely would like to accommodate a further review. It was an overwhelming concern to the Board that we need to have some green space taken care of. So, he will be on favor of moving this out and give the applicant an opportunity to come in or join us. Also, he believes the last he said he was going to try to 2 bring the current owner to discuss it. It’s a primally condition and he is not on favor in just allowed it to get away LM – Yeah, she was agreed with Michael only because is on a gateway and we do need some beautification on that road. Also, we did have it on the agenda because Commissioner was going to write a letter to the owner. If the new owner doesn’t know what is going on and no one has addressed with him. Perhaps we should move the review to September and Building Commissioner can be in touch with him via a letter, and at least have some dialog. MM – Motion on ZBA- 2016-31 under §181.313B5 to Continue the Review with the following conditions: 1. Plan for garden and vegetation submitted on February 19, 2019 had been accepted 2. Per plan previously submitted 3. Not to be operated as nuisance 4. Horus of operation: 7:00AM to 4:00PM Monday to Friday & 7:00AM to 2:30PM Saturday and Sunday 5. Review September 8, 2020 6. Sunset Clause – Special Permit will expire/terminate upon the sale/transfer of lease or in the event that such lease is unable to be negotiated with Active Life Health Care Management JB – Motion Seconded Roll Call Vote 5–0 to Continue the Review to September 8, 2020 ZBA-2019-12 Jackson Avenue Realty Trust 15 JACKSON AVE 7:45PM Review of the Variance under §181.313D5 for outside storage appears to be a construction yard located in the Neighborhood Business District at 58/81/0 Virtual presentation was given by James Pappas and John Levesque (Business Owner) stating that all the criteria had been met, the fence is complete. Business has been successfully even that he has to stand by due to the Covid-19, but everything has been complete in line. LM – The company hours of operation 7 to 5 Monday through Saturday – JL – We are not even open to the public right now LM – Okay, but if you have normal operations that what you should have. Its sounds reasonable? – JL – Yes LM – Review all other conditions to the petitioner – JL – Petitioner states that all conditions to remain nothing to change Those On Favor: None Those Seeking Information: None Those On Opposition: None JB – Visited the property and everything looks great according to the conditions, they did a very nice job AZ – Agreed with Joe, it was open so we couldn’t see how it would like when is close, but looks good MM – It looks great they did a nice job MM – Motion on ZBA-2019-12 under §181.313D5 to Approved the Review with the following conditions: 1. Sunset Clause: Use Variance shall terminate/expire upon the sale/transfer of the business/property from James Pappas and or Business Operation ownership from John Levesque or Built Well Fence 2. Company Hours of Operations 7 AM to 5 PM Monday through Saturday 3. Dumpster to maintain within fencing 4. Fencing to be erected as plan submitted with white vinyl across of the indicating section on the front and black coated chain-link with black slaps around the fencing 5. Up to two one-ton trucks store in the property within the fencing 6. Parking for 6 employees and up to 3 customers per plan 7. Any conditions from the Planning Board to be adopted as the Zoning Board condition 8. No further Review 3 AZ – Motion Seconded Roll Call Vote 5–0 to Approved the Review ZBA-2019-36 Glorie Lopez 16 GLEN AVE 8:00PM Review of a Variance under §181.961 to erect a 24’ X 24’ attached garage with a bedroom above leaving approximately 18’ from the property front yard set-back located in the Residential A-2 District Map 208 Block 15 Lot 3 Petitioner didn’t join our virtual meeting this evening Those On Favor: None Those Seeking Information: None Those On Opposition: None MM – He had an opportunity and spoke to Glorie Lopez this evening and she did anticipate on trying join the meeting for eight o’clock. She did also mention that obviously with current event they are trying to secure a contractor that it would be able to do the job. Was also mention that she needs a little bit of more time. So, based on her comments we could probably move it for a couple months LM – She would say October them, that will give them some time, give the State sometime and give us sometime MM – Motion on ZBA-2018-36 under §181.961 to Continue the Review with the following conditions: 1. Not to be operate as a rental unit 2. Review in October 13, 2020 AZ – Motion Seconded Roll Call Vote 5–0 to Continue the Review to October 13, 2020 ZBA-2014-11 Sean Morrison 76 SUMMER ST 8:15PM Review of a Special Permit under §181.313C10B to allow Open-Air Restaurant Sales located in the Residential C District at 70/30/0 Virtual presentation was given by Sean Morrison stating that he would like to continue Special Permit, but with the Covid-19 there is not too much going on with the food industry right now. He had talk to few different to work operating the business for him, but at this time he is going to hold into off and just continue the Special Permit for now LM – Okay, same conditions and hours of operations 11:00AM to 4:00PM Monday, Tuesday, Thursday, Friday, Saturday and Sunday? – SM- Yes, we will leave everything the same LM – Wednesday from 11:00AM – 9:00PM and Saturday re-open from 9:00PM thru 2:00AM – SM – Yes, Please LM – Do you have anything in mind for the Fall? – SM – He would hope, but with everything going we may not able to open it up Those On Favor: None Those Seeking Information: None Those On Opposition: None JB – Only one thing would like to be added as an additional condition that the buffer is at the office building side is bad and it looks trouble. – SM – What it’s Joe JB – The broker stand that holds the chain and is around the outside of the area – SM – Yes, it did and will be fix next week LM – We don’t really need to keep this case on for further review, he has a clean nice operation there MM – He did good job on the property and we understand the whole situation and we should definitely accommodate whatever it needs to get there. He visited the property earlier today and he noticed there were few unregister cars in the parking lot. And at the time there was a car jack-up and somebody was doing break job, and he was concern that after hours doing this as business – SM – Were there on the lower size Mike? – MM – Yes – SM – He been nice to the neighbors allowing them to park there because they are not using the land, but he just was told to his manager that is time to crack down on them. And if the vehicle is not register, we are going town them. He has been charging anything to all these people, but 4 what ending happening it the cars end up being unregister making looks the yard is junk yard. They are on top of it and will be starting to tow them out MM – Okay, so you be able to take care that – SM – Absolutely AZ – All-set if he supports those conditions, he doesn’t need another review JS – She agreed with Anthony and don’t need another review MM – Motion on ZBA-2014-11 under §181.313C10B to Approved the Review with the following conditions: 1. Hours will be 11:00AM -4:00PM Monday, Tuesday, Thursday, Friday, Saturday & Sunday – Wednesday from 11:00AM – 9:00PM – Friday and Saturday re-open from 9:00PM thru 2:00AM 2. No unregister/abandoned vehicles or outside storage to be keep on any side of the parking lot 3. Must be owner operated not leased 4. Plan as submitted 5. No plastic or vinyl banners 6. Not to be operated as a nuisance 7. Will meet all requirements from Building, Board of Health, Police, Safety and any other City Department as requested 8. Special Permit will terminate/expire upon the sale/transfer of the business from Sean Morrison 9. The stand buffer at the office side of the building to be repair as requested AZ – Motion Seconded Roll Call Vote 5–0 to Approved the Review ZBA-2018-38 Positive Properties, LLC 35 JEANNETTE ST 8:30PM Revie of a Variance under §181.355 to erect a 26’ x 24’ attached garage with a room above leaving +/-7’ to the property line located in the Residential A-2 District at 101/11/A Virtual presentation was given by James Pappas, Christopher and Kelly Cordio stating that the white vinyl fence is been installed, we had put mulch and planted flowers in the property. We are finishing around-up the pool, the pool concrete is to be complete this weekend. We are now working in finishing our back yard, there is not grass yet because we have a machine going in and out through the back yard. Now we are on the finish touch on the back yard now. Those On Favor: James Pappas, the property looks great other than the lack of grass of the front lawn, because they still have equipment to finish with the pool. It took them a little long time but very good work Those Seeking Information: None Those On Opposition: None JS – No questions JB – When is the project is going to be completed? – CC – Don’t have a time frame at the moment. Unfortunately, the back yard is all money at this point, and all been happening they own two restaurants in the City, and with the Covid-19 caused them a big hit and the money is not coming as they would hope. AZ – He would love to see this project done, but the part we asked is all done, and he doesn’t have any particular reasons to believe that the rest is not going to be complete. So, he is confident to just approved MM – What do you have for construction vehicle on site? – CC – The only one we have is the Skid Steers to pick up the stone and bring it over to install around the pool MM – When is the Skid Steers will be come of the site? – CC – He probably can say in about 30 days LM – So, we all on agreement for no further review. Do you want the Skid Steers to be out of the property within 30 days to be there as a comment or we just approving this review? AZ – Would be great to put it as a condition just to created additional monitor and duty, but we don’t need to put on our inspection staff MM – He doesn’t think that it needs to be a condition just to ask applicant to remove it within 30 days – CC – He will take care of it 5 MM – Motion on ZBA- 2018-38 under §181.355 to Approved the Review with no further Review JB – Motion Seconded Roll Call Vote 5–0 to Approve the Review with no further Review ZBA-2017-16 South Middlesex Non-Profit 94 HIGHLAND AV 8:45PM Review of the 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 Virtual presentation was given by Atty. Douglas Radigan and Matthew Lane (Director) stating that they have obtained an update plot plan and updated floor plan. This updated floor proposed some modifications, we also have a meeting on this coming week with the Building Inspector, Fire Department along with our architect and the sprinkle company to go over with those plans. We are doing what’s needed to compliance with your decisions. We anticipate that we will finalize the indoor plan, and we will be applying for the Building Permit during this summer to proceed with those modifications. LM – Just to clarify it is a total of 14 individuals including the resident manager – ML – That’s correct LM – So, on the parking plan. Could you please clarify for us what you have? – DR – The plot plan probably not the best document to show compliance with this Board decisions, because the intent document is to show the building footprint. The parking is not showing, but of course will be address consistent with this Board decision, nor is showing the dumpster and the fencing that it was agreed to do, but surely it will be including on the project LM – So, we will need a final plan showing parking, dumpster layout. So, we will need another visit? – DR – He guess is up to the Board decision if another visit needed or not, but he thinks that decisions speak for themselves and we plan to meet all. We happy to do whatever you like us to do LM – Reviewing condition number one: Dumpster to be fenced on all sides not adjacent to the building, with vinyl fence. Has that been done? – DR – No, because we haven’t started any of the modification yet. The plan we have is to obtain a Building Permit for interior renovation first. At this time the building is unoccupied for the program. LM – So, the parking space is to be 9 x 18 ½ with adequate back up turning space. She just wants to review so we all are on the same page. Certified plot plan and floor plan to be submitted at the time of the review. Kitchen to be install in the second unit with proof of work by the Building Inspector. Sunset Clause to your entity Those On Favor: None Those On Opposition: None Those Seeking Information: Mark Barbadoro (Building Commissioner) he is hopping that when you apply for the Permit that we get a plot plan that it will have notes on it. Detail where the dumpster is going be, the fencing and the parking that it will layout. It’s that something we can get with the application. – ML – Yes, we can do that MM – Things are moving along; it looks like that it need more time. So, we should just put this out for another review AZ – We should do what we normally do, he understands exactly where they are right now in terms of current progress. So, we would give them some more time and do the final check as we usually do JS – So, are you thinking of a six-month review? – LM – Was thinking November, but she will be asking the petitioner JB – Want to ask the petitioner who is giving us the run and operation how is supposed to go: Did he heard him correctly when he said that they are going to do the inside first, then occupy it and then they are going to do the outside – DR – Yeah, would clarify. We are going to begging the program until after we have sign off. Which require us to do the interior improvement, also required review by the Building Inspector and CO. So, the plan is that we are going to have parking lot, put up the fence for the dumpster 6 while we still have access for construction on the interior. So, no the building will remain vacant until the job is been complete. LM – The entire job inside and out? – ML – Correct LM – When would you like to come back for a review? – DR – He thinks November will be okay MM – Motion on ZBA-2017-16 under §181.3561 & §181. 313A5 to Continue with the Review 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 review with dumpster and parking details 4. Detailed floor plan to be submitted at the time of review 5. Kitchen to be installed in the second unit, with proof of work submitted to the building department 6. Sunset Clause – Special Permit shall expire upon transfer of the property by South Middlesex Non-Profit to any other person or entity 7. Project to be fully completed prior to Certificate of Occupancy 8. Review – November 10, 2020 JB – Motion Seconded Roll Call Vote 5–0 to Continue with the Review to November 10, 2020 ZBA-2019-40 Jose Santos 1033 MAIN ST 9:00PM Review of the 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 Lauren McNamara (Chairperson) excused herself on this petition as she has in the past Virtual presentation was given by Jose Santos stating that everything is going well with his business so far MM – He is going over with the conditions and you could tell us if they been taken care already – JS – Yes MM – No handmade signs/banners – Professional signage only – JS – There was one that you tell me to remove and has been remove MM – So, you don’t have any banner sigh at this time, right? – JS – Nope MM – No vehicles for sale – JS – He has no vehicle for sale, because he doesn’t have permission to sale MM – No unregistered vehicle on the property – JS – Only his truck and his black jeep which is his personal – MM – And they are register correct? – JS – Yes, correctly MM – No storage of vehicles other than active customers and employees – JS – Yes MM – Auto repairs within the building only – JS – Yes MM – No outside storage of vehicle parts – JS – What do you mean – MM – We required that to not have all the use tires outside on racks or the pick-up truck fill with the tires sitting out on the property – JS – All he wants to do is the best, he cleaned the place. And to bring them to the disposal place and they charge him a dollar per tire. And that is not all times that he changes tires, don’t that he has a mess. So, how can he advertise his tire, so people know he sells tires? MM – We are not prohibiting Jose to sell those tires, but you can’t have them outside – JS – But he is seeing other places with tires outside, and he keep try to keep his garage clean MM – We understand that property is on the smaller side, but this is a gateway business to the City MM – Number six: No outside storage of vehicle parts MM – Number seven: No visible trash to the front of the property. Have you been keeping the property clean? – JS – He tries to clean it everyday MM – Number eight: Dumpster to right rear. Have you tried to keep it in that location? – JS – Yes, only at that side MM – Number nine: Hours of operation Monday through Saturday 9:00AM to 4:00PM – JS – Yes MM – Number eleven was very specific of: No outside storage of auto parts – tires – tire racks – JS – Okay, he understands that 7 Those On Favor: None Those Seeking Information: None Those On Opposition: None JS – She can suggest that you should get a sign with a change of the letters, that way you can advertise that your sale tires – JS – Yes, he understands JS – It’s a good investment to obtain a professional sign that is weather resisting, wind resisting etc. – JS – Okay JB – Now he doesn’t know if he can believe his eyes, because he saw a piece of plywood that he has writing out with tire for sale. That’s not professional – JS – Yes, that’s at the side of the building and he doesn’t use that sign and he will destroy it tomorrow AZ – Yes, he also visited the property and Jose is right that sign is not visible from the street. We only saw when you drive in, but yes it will be best to destroy it – JS – It’s going away tomorrow – AZ – If it’s going away is great, and he thinks it’s looking better there – JS – As he said he will break it out tomorrow MM – How long do you think that is going to take care those tires? – JS – He is going to take care tomorrow JS – He has a question why the Board on the first meeting he got permission to sale car, and the second meeting it was deny. So, why? – MM – As far of the Board we do not approve more that we want to see on that property, because of the size because is so small. Therefore, it can be auto repair only. – JS - Okay AZ – Motion on ZBA-2019-40 under §181.313C11 & 12 to Continue the Review with the following conditions: 1. No handmade signs/banners – Professional signage only 2. No vehicles for sale 3. No unregistered vehicles 4. No storage of vehicles other than active customers and employees 5. Auto repairs within the building only 6. No outside storage of vehicle parts 7. No visible trash to the front of the property 8. Dumpster to right rear 9. Hours of operation Monday through Saturday 9:00AM to 4:00PM 10. Sunset Clause – Special Permit will terminate/expire upon the sale/transfer or change of operation from Jose Santos 11. No outside storage of auto parts – tires – tire racks 12. Review – September 8, 2020 JB – Motion Second Roll Call Vote 4–0 to Continue the Review to September 8, 2020 5. MISCELLANEOUS JB – Curios of if there is way to be able to see petitioner faces? – MB – Don’t know the answer, but would try to find that out AZ – He thinks that this a great system, but over the few months he had a very good experience with Zoom, it’s seeing to work better. That will be his suggestion, and he knows that they are willing to facilitate – MB – That is done through FATV, he doesn’t have access to Zoom and they are professional there. So, if you want to explore that options my feeling won’t be hurt on any way. Feel free to explore that options, but he thinks that we would get better on it MM – He thinks that the meeting went better than he though, but hopefully we only going to have another one or two more of this before we go back live. So, he doesn’t see necessary to change streams, he wants to keep optimist 6. ADJOURNMENT 8