Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive Fitchburg, MA 01420 MEETING MINUTES – TUESDAY JANUARY 12, 2021 MEETING TIME: 6:00 PM 1. Call to Order MM PLEDGE OF ALLEGIANCE ALL 2. Communications MM ATTENDANCE: Michael McLaughlin (Co-Chair), Anthony Zarrella, (Clerk) Joseph Byrne, Brian Gallagher & Greg Babineau 3. ABSENT: Lauren McNamara & Jeanne Hubson 4. Hearings 5. ALSO IN ATTENDANCE: Mark Barbadoro (Building Commissioner) CASE No. APPLICANT PROPERTY TIME ZBA-2019-36 Glorie Lopez. 16 GLEN AVE 6:00PM 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 The virtual presentation was given by Edward Plowden, property owner, stating that the structure is coming along very well. They have the walls up and everything right now, and all we're waiting for now is the next step. They ordered our siding, and we talked to the company today, and they said it should be in later this week, early next week, and they're going to start with the signing. After that, we'll schedule a date set with the inspector for him to come in and inspect the structure. MM – Great, so what do you think would be an anticipated completion date for the project? EP – Well, we're hoping by the end of March with everything, now we have a company just doing the garage itself. Then we, along with one of my friends who is also a contractor, will start doing the upstairs bedroom to have it set where we want. We're hoping that the whole project will be done by the end of March. MM – Okay, is that pretty optimistic? Because we'd like to have you back for one more review just to closure the project. EP - I think it is doable because, as I said with the structure itself, the only thing that we're waiting on now is just the siding and to put the garage door. we have our electrician coming in on Thursday to start the rough for the electrical because that's all he can do right now MM – So, maybe we'll do a review in April, but it's going to be early in April. So, that only gives you a week or two away. I wonder if you think we should do the meeting in May, or are you pretty comfortable with April? EP - I think if we're not completely done, then I'll let you know, but I think that not being optimistic, I think it will be done by the end of March. MM - I'm going to reach out to the audience and see if any members have any questions regarding this petition; please raise your hand if you would like to comment on this. We will unmute you. Those are seeking information? None Those in favor? None Those in opposition? None GB – This is pretty straightforward no questions BG - No questions either JB - I think we should Kick this out until at least June to give them the absolute space, so we don't have to bring them back again. MM - Good point AZ - I'm all set sounds like everything is proceeding apace. MM - Is everybody comfortable with a review on April 13th to be closer to the middle of the month. EP - It is up to the Board; I agree with Mr. Byrne that if he feels like we should wait till June, so we don't have to come back, not that I don't mind seeing your faces, but if that keeps us from having to come back again then I'm all set with that too. I have no objections as long as no one else on the committee has an objection. MM – We would like to see the project get completed, that's all. EP - Which is fine. I have no problems with it; I'm pretty confident that we could have it done by the end of March, but just in the off chance that something happens that I don't expect, which right now is not looking that way, but we don't know what could happen. We could have a total shutdown where we have to reduce the work that can be done, but I don't know. MM – Joe, if we do, the next meeting would be May 11th, what do you think of that? JB - I'm fine with it, I just thought that it's not going to give him that much room to lay back and do nothing, so May is fine also. I don't want to be dragging this out again. I want to make sure that he's finished by the time he comes before the Board. MM – So, we're going to strike the review condition will be May 11th, 2021 AZ – Motion on ZBA-2019-36 under §181.961 to continue the Review with the following conditions: 1. Not to be operated as a rental unit 2. Review on May 11th, 2021 JB – Motion Seconded Roll Call Vote 5–0 to continue the Revie to May 11th, 2021 ZBA-2020-25 Brian LeClair 0 FISHER RD 6:10PM Continuance: Remand by order of the Land Court to consider anew and application for a Variance under §181.961 to construct a single family dwelling with less that the lot width required be section §181.414 located in the Residential B District Map S11 Block 4 Lot A, with the issues for the Board’s consideration on remand to include at least: (i) whether, absent a variance, the Plaintiff will suffer a “substantial hardship, financial or otherwise” and whether said hardship is sufficient justification for the grant of a variance or was self-imposed; and (ii) whether the grant of a variance is otherwise “without substantial detriment to the public good and without nullifying or substantially derogating from the intent of purpose of” the Zoning Ordinance MM – On ZBA-2020-25 we have received some correspondences via email from Adam Costa. It came in today, January 12, at 5:52 PM, requesting that this particular case be moved out to the February agenda. MM – So, just in general is the Board agree with that? JB – What are the alternatives? MM - The alternatives are that we could move ahead. Still, with the remanded from the courts, I think we would definitely extend them the courtesy to go to February. AZ - I think given especially the reason they're requesting the continuance, which is to dispose of the property to one of the neighbors. Which then solves the issue entirely, and we don't have to deal with it. It would be kind of counterproductive to move ahead on it not to eat, either say yes or no. If we say yes, we're permitting them that they're not really asking for any longer. If we say no, we're putting ourselves in a position to be appealed on a case that might be mooted MM - Fully agree GB - I agree with Anthony. 2 MM – So, we are going to move this out to February 9th AZ - Motion on ZBA-2020-25 under §181.961 & §181.414 to Continue by mutual consent to February 9th, 2021 JB – Motion Seconded Roll Call Voted 5–0 to Continue by mutual consent to February 9, 2021 6. MISCELLANEOUS 7. ADJOURNMENT 3