Zoning Board of Appeals

ZONING Board of APPEALS 718 Main Street Fitchburg, MA 01420 MEETING DATE: Tuesday, October 12, 2021 MEETING TIME: 6:00 □AM ☒PM MEETING PLACE: 718 Main Street 3rd floor Room number (if applicable) North Fitchburg Meeting Room #300 Address 718 Main Street, Fitchburg, MA 01420 MEETING MINUTES 1. Call to Order Lauren McNamara PLEDGE OF ALLEGIANCE ALL 2. Communications Lauren McNamara ATTENDANCE: Lauren McNamara (Chair), Michael McLaughlin (Vice-Chair), Joseph Byrne (Clerk), Christine Tree, Brian Gallagher & Greg Babineau 3. Hearings CASE No. APPLICANT PROPERTY TIME ZBA-2021-14 Kenneth Godfrey 220-222 ALBEE ST 6:00PM Review of the Special Permit under §181.3366 to reinstate a abandoned/vacant building as a two- family dwelling located in the residential A District Map 121 Block 11 Lot 0 The petitioner was not present at the hearing. No person spoke on, for, or against the Petition. LM – 6:11 pm second call LM - They did clean up the yard MM – Condition #3 states the addition of the left side of the building to be removed entirely. So, I wanted to have a couple of photos and documented. LM – Well, he took care of condition number one, which was an immediate request to care for the overgrowth, which has been done. LM - #2 all exterior blemishes to be ameliorated, including all the siding to be replaced. LM - #3 the addition of the left side of the building to be removed entirely. LM - #4 to be used two families only LM - #5 parking to meet dimensional requirements for the use of a two-family dwelling LM - #6 petitioner to submit a visual representation of the exterior and listing of work to be done on the property at tonight's meeting LM – This is the petitioner's first review, and we should give some additional time to perhaps next month? All members agreed to give the petitioner additional time to November 9, 2021  MM – Motion on ZBA-2021-14 under §181.856 to Continue the Review to November 9, 2021, with the following conditions: 1. The overgrowth is to be taken care of immediately and on a monthly basis until the property is sold. 2. All exterior blemished be ameliorated, including all the siding to be replaced. 3. The addition to the left side of the building to be removed entirely, 4. To be used as a two-family only. 5. Parking to meets dimensional requirements for the use of a two-family dwelling 6. Petitioner to submit a visual representation of the exterior and listing of the work to be done on the property at the November 9th meeting. 7. Prior to any occupancy permit being issued that all conditions be satisfied 8. Special permit will expire if not completed within 18 months. JB – Motion Seconded Voted 5–0 to Continue the Review to November 9, 2021 ZBA-2021-29 Scott Graves 80 FAIRMOUNT ST 6:15PM Special Permit under §181.332 to change a nonconforming use into another less detrimental use from a rooming house into a single-family dwelling that requires special permit pursuant to §181.313A1 located in the Neighborhood Business District Map 63 Block 54 Lot 0 The presentation was given by Scott Graves (Attorney) and David Leger (Owners' Son), stating: The property's in a Neighborhood Business District, and it has been used in a non-conforming way. It has been using a rooming house/lodging house for several years. Which interestingly is not allowed in that district, and I looked at the zoning map, and it's not allowed. However, the family wants to turn it from that non-conforming use into a single-family residence. Which right now is a 9 unit rooming house, units occupied. As far as the effect on the neighborhood, I don't see how there's going to be any adverse effect at all. Because in that area, it's mostly residences anyways, and I think what the city's intent for zoning in that area was to get a little shop maybe there or like mixed-use on them. It's almost as if the city was ahead of the Zoning Ordinance, but it never happened with that house. So, it's just been a residence basically, all these years. I would argue that there are not going to be any adverse changes; if anything, I think it would be beneficial because there will be fewer people in and out; and less transitory residents. The future owner is going to be somebody that's probably living there and hope for a long time, just like when you buy a house, for the most part, we live in a house continuously for quite a while. So, I think it will be less in and out, less traffic. I think the criteria is that the ZBA has to make a written determination of the benefits of the city and the neighborhood outweigh; the adverse effects of the proposed use, taking into account the site's characteristics and of the proposal in relation to that site. We think that this proposed use fits that criteria; we think it's going to benefit the City, and there is no adverse effect. Another thing is that you just changed your ordinances at the end of September, so the numbers were kind of confusing, but I'm going by 181.332 non-conforming uses. We must show that such change or extensions shall not be substantially more detrimental than the existing non- conforming used in the neighborhood. We think this change from multi-family into single-family is actually going to be beneficial to the neighborhood. There's no major renovation necessary, besides some clean-up of the inside to update it; because it is going from residence to residence, maybe about $20,000.00 of spending. 2 LM – Read some comments from the Board of Health: We had calls from this building before but were unable to open access. A single-family would be good in this area. LM - Anyone in the audience or virtual seeking any information regarding this case? None LM - Anyone in the audience or virtual in support of the petition? David Leger of Hubbardston (Owner's son) LM - Anyone in the audience or virtual in opposition? None CT - There is no parking shown on the plan submitted, going by the property, and am I correct; there are two parking spaces behind the building? DL - No, there are a few spaces behind the building, we had maybe six or seven spaces in the driveway, and for the most part, most of the tenants had vehicles. CT - Looking at the plan and the deed submitted, I assume you submitted the 1903 deed for our amusement. Since it contains the prohibition on the sale of intoxicating liquors, I wanted to point that out. Can you talk to me about the access: is there an easement? The status of the easement is not drawn on the plan DL - There is an easement for both sides. One side is become overgrown. The other side has an easement that we paved. CT - Did easement arise from a dispute with the neighbor over your right of access, to that DL – It was on the deed from the original CT - There are currently four different occupants in the building; what's the plan for conversion to a single-family. As far as removal of the occupants SG - If the board allows the change and moves forward, we will have to go through a moving shuffle. Somewhat easier to ask them to find another place to live or would have to access the eviction proceedings. If somebody didn't want to leave, obviously. DL – Tenants all agreed to leave. They all know that the process is potentially happening. So, my parents stopped taking new tenants about seven or eight months ago approximately. CT - What is the plan, for the property to be sold after the conversion? DL – Correct, my parents are aging; they don't want to continue maintaining it, so they want to do just one final renovation and try to sell it. CT - How many bedrooms will there be in the property after the conversion? DL - I would think it would be about six or seven; two full baths and a stand-up shower are built into one of the rooms. There's a large central kitchen, one bathroom on the top floor, and one full bathroom on the first floor. It used to be a single-family years ago; it used to be a doctor's office years ago. It's been a rooming house since the mid-80s JB - On your deed, here's the latest date, the year that was performed in 1982. It states quite clearly that the preparer of this deed has not searched the title nor deliberation of title concerning the transfer. Have you ever done a title search on his property? DL - I don't know for sure, I can give you the answer quickly, but I believe they did as they had done a couple of refinances through the years. MM - How many kitchens are in the building? DL - One 3 MM – So, the basic intent is to get converted to a single-family home, do a little bit of renovation, and sell it? SG – Correct BG - How many total rooms are in the building? DL – There are nine rooms, one central kitchen, shower, and a single room on the first floor. It is a separate room with a toilet in it, and then there are two sets of stairs, one in front of the back. The second floor is a full bath and four rooms. Again, it's all Victorian style. BG – Do you know the square footage? DL – Approximately 50 feet by 65, BG – Three floors? DL - Two floors are occupied GB - I went by the property, and I apologize it did not get into the back to see the parking area, so you said 6 to 7 bedrooms. Is it a one-family? SG - Correct GB – And that's what the plan is? DL - Well, we could make it bigger; it's just the matter of whatever is going to be higher the best GB - I'm asking the question, the other thing was about parking on this and it is seeing that you would require one space per bedroom, one and a half spaces per two bedrooms and two spaces for every three bedrooms, so it's six bedrooms you would need four spaces. So if it's seven bedrooms, then you do need the additional fifth parking space, and you said they put 5, 6, 7 cars. MM – It seems to be quite a bit of parking in the back DL – You can park three cars on one side, and there is more space for another three cars BG – If the board's satisfied with the parking spaces, I'm good JB – Where is the access to this parking? LM - Can you explain how you get to the access in the back of the property, to the parking? DL - It's accessed behind 66 Fairmount Street land; it's a house it is a driveway that accesses right to the property LM – Is everybody satisfied? And this is a question for the board. Are you satisfied with having such a large single-family home? JB - I don't think we have any problem with it CT - I don't have any problem with it, as long as it's actually used as a single-family home and it's not a boarding house again LM - That's my concern, and then maybe it would be better off to be a two-family DL - We considered a two-family for highest and best use, but it doesn't lend itself to do it just because the current layout doesn’t work in the interior 4  CT - In general, I think it would be, of course, beneficial to have this converted to a single- family residence, assuming that it will be used for that purpose. I would want to put a condition that the building commissioner is satisfied with the access so that proof of the easement is shown or the plan is gone to the building commissioner's satisfaction for the driveway access on one side of the other. Then I guess to prevent a conversion without the knowledge of the city, you would want to put a prohibition back, if you would want to put a prohibition, on there being more than one kitchen. MM - I spoke to the building commissioner regarding that, and he says it's really on a case-by- case basis, based on the true intent. CT – I would be open to another condition in its place that's designed to maintain use as a single- family home. MM - This is what we want to see! This meets the criteria 100% BG – I think that this is a great idea. GB - I would encourage the perfect setup for someone who wants to buy the house and start renting out rooms. Being owner-occupied and covers rent, and that's probably what would most likely happen in a six or seven-bedroom with a lot of vehicles being parked in there. But I'm in. I agree 100% LM - I do as well CT - Motion on ZBA-2021-29 under §181.332 to Approve the Special Permit conversion of the non-conforming uses rooming house to a single-family home upon the following conditions: 1. Petitioner to submit adequate proof satisfactory to the building commissioner of the easement access to parking in the rear. 2. The structure shall not contain more than one kitchen. 3. The structure to be used for a single-family home only. JB – Motion Seconded Vote 5 – 0 to Approved the Special Permit with conditions ZBA-2021-30 Dianna McNamara 72-80 FRANKLIN RD 6:35PM Special Permit under §181.313D3 of the Fitchburg Zoning Code to operate a driving school business located in the Commercial District Map 116 Block 63 Lot 0 The presentation was given by Paul and Dianna McNamara, stating: We are here because we'd like to transfer our current business from 19 Prichard Street to 495 Electric Avenue. We filed a Form of Intent with the Building Department, which notified us that the Building Commissioner considered us a K-12 school. I understand that the zoning code can't compass everything, but there is no driving school in the zoning book code. So, we were lumped into K through 12 as an educational facility. The registry of Motor Vehicles is the regulatory authority for driver training in every city in Massachusetts. We do not follow the form of education, so we were in twelve through K schools, we would have fallen in with education. Since the form of intent, I met with Kevin Harris from the Massachusetts office business development. He indicated that we would not meet any other criteria for K-12 school for any type of grant or any type of economic stimulus. At the same 5 time, I met with Rob Anderson, vice president of business development, Mass Development. He indicated the same thing; we're not an educational facility under K through 12 guidelines. Then met with Chuck Merrill, the Massachusetts growth quote capital corporation small business individual, who said the same thing. So, the state agencies regulate us, not part of education. The state agencies assisting us if we were at the apartment of the education entity said we are not. So, the only one who had said we are K through 12 is the Building Commissioner. We did do what he asked; we hired BTH architect. I met with the architect, who indicated in his opinion, we were not a K - 12 school. We are a training facility; we are similar to the dance studio that is Park Hill Plaza. The new gym is going into Park Hill Plaza. They are instructional, and it's instructional training; it's not your traditional K-12; like Zumba studio, dance studio, karate studio. LM - How did they get in under? PM – They just applied. LM - To the building department? PM – Yes LM - They didn't have to go to seek any relief from zoning planning PM – Nothing To put in full walls because the Registry regulates that we have to have an office separate from the training section, we had hired an architect as the building commissioner asked for four walls. I was kind of dumbfounded, realistically. When we moved into 19 Prichard Street, we renovated; we did everything as Safe Roads Academy. There was never an issue of K-12 for probably nine years; we keep getting a certificate of occupancy. It hasn't been an issue with our services in the City, and now that we want to move, it's an issue. I think it's just a different opinion of the zoning code; again, when I go through the Internet and go through the zoning code, there's nothing precisely for driving school. And I think that's probably the issue, so we were moved to K-12 when essentially, we're not a training center. We are the only driving school in the City of Fitchburg, so we reviewed the application for the appeal decision. One of the issues was the adverse effects; we have to move from Prichard Street, the current conditions at 19 Prichard Street are negatively affecting our business. We had tonight an individual that didn't want to leave an envelope in our mailbox because they were afraid to get out of their car. So, there's nothing we can do. Our landlord is fabulous, building maintenance phenomenal. We had every intention of staying there forever, but since the return of in-person learning, this has recently had people who are afraid to come to 19 Prichard Street. MM - Can you give us some examples of what's driving you off Prichard Street DM - People of the high rise at 16 Prichard Street that are hanging out on our sidewalks all the time are awful. Sometimes you'll pull up, and there could be 10 or 12 people out there. It's not a good look. When we were online, we would have liked the kids of the parents a few nights before coming to pick their packages up. I had a couple of times parents calling me I wouldn't get out of my car. I'm afraid to get out of my car; that's not good. We've some parents that had their children come to us in the past, and they said if my children had to come here now, I would not come back. It is awful. I mean, we have a few times I've been in the classroom doing something, and people from next door, of the high rise, have their little dogs letting them go to the bathroom right in my doorway. They let them go pee and poop, and they don't care. You'll go there some mornings there's trash, bottles, cans because they don't care. I'd be in my office sometimes, and I can smell the smoke, the pot, and even though we don't have windows that 6 open, it still comes into the building. The building owner had added signs of no hanging-around; we even put on our own doors no smoking now, no trespassing sign. This year particularly has really got out of control, and now we have to go back into in-person, but we cannot bring these kids into person down there. LM - You've seen your numbers go down? PM – Yes, and people have told us they won't come if we have to go in person. We have two set locations, and we have people from Fitchburg going to Clinton because they don't want to come to 19 Prichard Street. We raise our children in Fitchburg. I worked for Fitchburg for 32 years, and I'd love to stay in Fitchburg. I should have said, too, the registry is willing to come to our school if we move to Park Hill Plaza; we already have pre-inspection. The Registry of Motor Vehicles is willing to send registry examiners to our school to conduct road tests; some students have to get a ride to Leominster to take a road test. It doesn't seem like much, but that's astronomical for these students. They can't get a ride to Leominster to take a road test. LM – So, that it wasn't conducive at the other location? PM – No, they won't do it on Prichard Street. LM – Is anyone in the audience or virtual seeking any information regarding the case? None LM – Is anyone in the audience or virtual in support? Mary Jo Bohart, City Economic Development Director, stated: The McNamara family and their business have certainly been in Fitchburg for a long time and provide a very important service. That spot suits their needs at Park Hill, and I trust the Board that will favorably on the request for the Special Permit. Park hill location as Mr. McNamara has described. It is a much better setup for parking and drop-off. James Pappas in support; the McNamara family have been here for decades in the same location. The Park Hill Plaza is a super location for it, nice and safe for the student's something they don't have right now. Greg Moran of the Aubuchon Realty Company. In support of the petitioner. As a 62 years resident of the City of Fitchburg, as involved in real estate and populism since 1974. It's wonderful to have this type of service accessible for the disabled, and I believe that it is liable for our community. Having this driving school operation become part of the overall Park Hill Plaza operating experience, we believe, will only increase the value of providing a well-managed, local community service within our neighborhood. As a representative of the property owner, I can honestly say that after performing our best due diligence process with this application, that we do fully support this application. Given today's more challenging economic times, as well as dealing with the fluctuation in maintaining the highest quality and viable business models in our community, we certainly are very pleased to welcome these new entrepreneurs! Rick Boscardin, I agree with what's Mr. Pappas, and Mr. Moran had said; in favor 100% LM – Is anyone in the audience or virtual in opposition to this petition? None JB – I am totally in favor. I pass that area on Prichard Street all the time, and I see the problem that's developed there. MM - I'm embarrassed that they have to move on. I'm embarrassed that the City hasn't helped resolve the issues that are forcing them to move. I hope that everybody involved in revitalizing Main Street takes a hard look at what's happening here and why they are moving. Because I 7 frequent the dentist's office at the corner, and it's the same thing, there's constantly loitering, there's trash constantly, people are hanging out, people are smoking, and there's continuously within the distance that they should not be. And I don't understand why the City hasn't sat down with the owners of this particular facility to deal with the situation and find some land where these people can move off a Main Street, stop loitering all the time, and fix this situation. We're supposed to be revitalizing Main Street, losing businesses because people don't want to go down to Main Street. As a resident, I'm going to speak to the criteria and say; I absolutely, I have no questions. This is a great fit for the location. How many storefronts are there currently that you're going to be occupying? PM - It's the old Marion studios' popular grow space. MM - It's that stand-alone building? PM – No, it's between Subway and Hotmail. MM - You mentioned two words, instructional versus educational. I'm trying to, you know, get through all this. Is it educational? I guess we're educating kids, but we are instructing them as well. PM - When COVID-19 came into play, the governor issued Executive Order 39. So, we fell under the training, the same as aviation. So, aviation training and driver training, we're looking to the same COVID-19 precautionary field. So, we weren't lumped into the DOE; we were lumped into a separate division. MM - To me, I can see it either way as far as the language, whether it should be allowed as of right, and it's not educational, but you're teaching somebody. BG - Michael and I went into the new location. It's a much better fit for your business. GB - Two separate issues here in my mind, the new place and Main Street. Which has nothing to do with what you're here for, and that's not your problem; it's a bigger problem for other people to solve. I assume you run your business for profit? PM - Yes GB – Commercial? PM - Yes GB – Logically, I'm a logical thinker. Are you the only driving academy in Fitchburg? PM – Yes GB – So, the only service of this type that serves the citizens of Fitchburg. PM - Except Monty Tech, and Monty Tech is just for their students. So we sent into a partnership with their driver training so that we can take their students to the road test. GB - But you're a sole provider, other than Monty Tech PM - Yes GB - When I was out there and looking at the information, and I saw that you had dedicated six spots in a center space for parking PM - Yes 8 GB - When I read through the material on Prichard Street, you were approved for 42 students and staff. How much parking do you have there? PM – No parking GB - The only concern I have, and I sat there and sat right in a little spot designated for parking. Which is really on that full-way intersection, and there are no crosswalks that whole parking lots of mishmashes. So how is it work when you park people and walk-in? PM - Those parking spots are designated explicitly for five or six of our cars; most of our instructors take the vehicles home. But when we are arranging for a road test tomorrow, they'll leave it there. So, we can get in right away. We were looking for future use in the sense of if we're going to have road testing. We want to keep the cars there overnight, and Aubuchon Realty said let's put it here, but essentially the whole parking lot they could park in. We don't want respect for the other tenants; we are the new people on the block. We don't want to leave in front of the subway all night so that the best spot would be out of everybody else. CT - Are you going to be holding instructional classes there? Where multiple students are in the building, as well as doing the driving PM - The way the regulation is, giving up to 30 hours of classroom, which would be done there. The 12-hour in-car instruction with a 6-hour observation, we currently use the CVS parking lot to pick up and drop off there. The only issue in the parking lot would be, currently we’re allowed to do road tests twice a month. So, twice a month, we would have what's considered all road- testing there. CT - How many students are you proposing to have with in-person instruction classes? PM - The end-person instruction classes are regulated by the registry. We can have a maximum of 50, that's it. We don't go that high, simply because it's unmanageable from the instructor, but we are allowed up to 50 CT – So, I would presume parents will drop off and pick up? PM - Yes CT - How many spaces are in the parking lot? PM - If I had to guestimate, it had to be about a hundred. CT - Could Mr. Moran answer that question? GM – Close to 200, but I could email the zoning secretary that information tomorrow. CT - What are your hours of operation going to be? PM – Basically, seven in the morning to eight at night, not regularly; that's school vacation weeks. CT - And other than the places where you're going to park the company vehicles, there's not going to be any other spots designated for the school? PM – No CT - What is the signage going to look like? PM – It will be similar to our sign on Prichard Street now. LM – Professional PM – Yes 9 CT - I'm going to have to make one comment, and I know that there's a variety of opinions on this issue of Main Street, and we are not all in agreement with that; it's just not relevant to your determination today. I think this spot is a more beneficial spot for the school anyway because there's more open space, parking, and an area to conduct a test. With that parking lot which is much safer for students, I understand that you have issues on Main Street. I have a business on Main Street, and sometimes I run into unpleasant people, but in general, when we're trying to promote a narrative for the City that's positive in nature, receiving a packet where half of it is about how terrible the City is, isn't great to my consideration. I think you have adequate cause for a special permit here, without all of that. I've certainly seen applicants that have been much worse coming in and saying how terrible this City is, and still, despite all that, they have done us the great favor of wanting to rehabilitate a single-family into a four-family dwelling. I'm glad to see you're staying in Fitchburg and Officer McNamara, I know just for you that you've dedicated a lot of years to the City. But I would like to see a more positive narrative going forward with applicants that come before this Board. LM - Did you write down the hours of operation? CT - I did, 7:00 AM to 8:00 PM. LM - And that was Monday through? PM – It all depends, the school year, weekends, summertime is weekdays. So, it varies based upon the school. LM – So, we would say 7-days a week them PM – Yes, that would be great LM – And other businesses start at 7 AM? PM – Yes LM – So, we can keep up with the rest PM - That was one of the items we looked for, so we wouldn't be infringing upon somebody else time LM – I think it is a great spot for you. PM – If we could have it, in the paperwork for the City, it says 72 to 80 Franklin Road, but the Registry said the paper has to state 495 Electric Ave. Because is a 911 address, and that's how their license is based upon that. And that's the Postal Service, but the City goes by the Assessor's Card. LM – Yes, we could put 72-80 Franklin Road A/K/A 495 Electric Avenue JB - I'm all for it. I think it would be a better place for them to work their business. MM – Absolutely, I am in favor. BG - In favor, and it meets the Special Permit criteria. GB – In favor of the petition CT - Educational doesn't simply mean schools; to me, it means instructional too. We have the Dover amendment in our zoning ordinance, which talks about exempt educational uses. And I see in the zoning ordinance that we now have a differentiation between exempt and non-exempt, 10  which has to do with whether it's a nonprofit and whether the main use is instructional. Yours obviously, and hopefully is a very successful commercial business, so I think it's a non-exempt educational use. I think it meets the criteria for this special permit. I think it is a much better location for driving instruction to occur. I would like to have as a condition that the signage would be professional, but I would be in favor. CT - Motion on ZBA-2021-30 under §181.313D3 to Approve the request for a Special Permit on 72-80 Franklin Road, also known as 495 Electric Ave., to operate a non-exempt educational use with the following conditions: 1. Professional signage to be placed on the building 2. Hours of operation to be 7:00 AM to 8:00 PM Sunday through Saturday 3. Sunset Clause: Upon the transfer of the business to renew the Special Permit BG – Motion Seconded Vote 5 – 0 to Approved the Special Permit with conditions ZBA-2021-18 Celio Decamargo 12 NASHUA ST 6:55PM Continuance: Special Permit under §181.336 to reinstate a vacant/abandoned building as a three-family dwelling located in the Residential C District Map 69 Block 76 Lot 0 The presentation was given by Celio Decamargo, stating: I missed my appointment helping one of my daughters move into college, and I apologize for that. So, then at that point, I spoke with Mercedes over the phone because the Commissioner and the building inspector wanted to see the project. At the last meeting we had talked about, the board revealed the project, and you said that I might don't need to go over their special permit because I'm doing more than 50% of the renovation. Today I received a message from the Building Commissioner, but I didn't have time to speak with him and obtain the information. However, I spoke with Mercedes, and she suggested I come into the meeting today to present this case. Nothing to present right now, so I am asking for more time. LM – So, it sounds like you may be going that route? So, you might want to get its continuance tonight? So, that you can speak with him. CD – Yes, as far as I understand here, he wants to see the project because I am installing a fire alarm, sprinklers, new roof, and windows, so they think I don't need the Special Permit. LM - To be sure, we might want to put him on at the end of a meeting night, so he doesn't go off our grid here. CD – Yes MM - Yes, because I'm being presumptuous, it most likely still has non-conformity issues regarding setbacks. Did you get a parking plan done yet? CD – Yes, we did. Then the question was the access to the back road, and nobody knows who owns it. MM – Juts to kind of help us and move things along as the project progresses. We've seen a lot, lately, of parking plans presented to us by engineers who aren't visiting the site. So, from a topography standpoint, they are looking at a flat piece of paper, assuming that the land is flat. On several occasions, many of us have driven our vehicles up to the top of the land. Trying to 11  visually understand how could park cars there, and maneuver with snow and turn around. Because it's a pretty tight spot CD - That's why we tried to get access to the other side, so that there should be a horseshoe going out; but the question is who owns that MM – So, you would need to do some title search on CD – Yes, and maybe I own that area, and being used it for our neighbors in the back to have access to their parking. Because no one has parking in that area. Also, the inspector had mentioned that I might require to have a site plan review. We have a plot plan, and it shows it is my lot. MM – But you want to make sure there's no easement or a right to pass for that. CD – Right LM – It is on the deed CD – That doesn't say anything MM – Do you think thirty days is going to be enough? CD – Yes, 30 days would be enough; I want to go over with the Commissioner and hunt the information on the back. LM - We'll do a continuance then, until November 9. I will put you on the last case of the evening; that way, if in the event you don't need to come back to us, just let Mercedes know. And in the event you do need to come back to us, we put in a little wiggle room until December that we can act on, but we're going to put you on the schedule for November 9 CD – Yes LM – We need you to sign an extension of the agreement CT - Motion on ZBA-2021-18 under §181.336 to Continue the matter until the next meeting on November 9, 2021, being scheduled at 7:45 PM JB – Motion Seconded Voted 5 – 0 to Continue to November 9, 2021 ZBA-2021-27 James Pappas 808 MAIN ST 7:10PM Continuance: Variance under §181.93 to open and operate a cold storage warehouse that is not allowed pursuant to §181.313E3 of Fitchburg Zoning Code located in the Downtown Business District Map 29 Block 31 Lot 0 The presentation was given by James Pappas and Rick Boscardin, stating: LM – Since last month you were making a presentation, and we had quite a few questions, and you were going to seek out some information. JP – Yes, there was confusion last time about whether it is a special permit or variance. So, I guess it was determined that it's a variance that we're shooting for CT - My interpretation of this letter is a letter that acknowledges that there is a pre-existing nonconforming use on the first floor. And that pre-existing non-conforming use was light manufacturing. The tenants are on the first floor, but our zoning ordinance does allow extensions or modifications of such non-conforming uses. Light manufacturing does not translate to cold 12 storage so that it would be a new use, not an extension of an old use, not an alteration of an old used. The light manufacturing is on the first floor; the proposed use is on the second floor. So that's why interpreted to say we need a use variance. LM - But he did say we could deem otherwise in the letter, it states in the last paragraph CT - He feels a special permit is not an option; however, it's the ZBA's purview to decide if a special permit is approvable. So, I'm going to read this last paragraph: The use as light manufacturing is a prescribed use and is allowed in the district by special permit from the planning board. Storage is prohibited in the district. Since the non-conforming use will remain and the permitted use of (office) in the building will discontinue, this does not appear to change from one non-conforming use to another. Because storage is prohibited and offices are allowed, it could be argued that this use is more detrimental to the neighborhood, not less. LM – I would like to know the Board Members' opinion in this case, so all can be on the same page. CT - if the chair wants to take the sense of the Board, I do not believe a special permit would be the criteria that have been met for that in this situation. Because I don't think it is a change, extension, or alteration of a pre-existing non-conforming use. I don't think it applies to this situation. MM – You don't think it's a change? CT - Light manufacturing is on the 1st floor, which is a pre-existing non-conforming use. The office was on the second floor, that's an allowed use. Not a non-conforming use. The office is going to be changed to a warehouse, under the proposal. So, that's a change from a conforming use to a non-permitted use, non-conforming use. So, we are allowed to, by special permit, to change non-conforming pre-existing non-conforming uses, but not go from a conforming use to a non-conforming use by special permit. LM - And you don't think that it's an extension of the office in any way? JB - The second floor had offices and manufactured because they also put the paper together. They were manufacturing the paper, not the paper itself, but they were putting together the editions of the paper. The printer printing presses down there making the paper, so that it wasn't an office. LM - On the first floor JB - On both floors, first and second. The last occupancy of that place was the Sentinel and Enterprise, and that was not offices. JP - In addition to that, they did store the papers from the beginning of time upstairs. And there are still 26 filing cabinets full of papers and articles storage, of old documents that existed. MM - I have a tendency to rely on Christine Tree for procedural accuracy on this. CT -We are all independent people here MM - Christine pointed out some things for clarification light manufacturing first floor and office space conversion on the second floor. You said the special permit criteria, you don't feel it applies? 13 CT - We're allowed to, by special permit, alter change and extend pre-existing non-conforming. But what I'm saying is that if it was an office, it's not a non-conforming use, so it doesn't fall under that provision. MM – It would that be under 181.332 CT - But again, we can make a factual determination that the office was not the only use, that there is a pre-existing non-conforming use. Then we can take consideration under that section. MM - When I look at a building, I don't look at it is what was the use of the first floor, second floor, and third floor. So we need to get on the right path. GB – I agree with that. It probably was a multi-use building. it probably had offices on the first floor originally, there was probably more on the second floor, but it was a manufacturing office building the whole building LM – We know that's a fact. MM - The print industry it is manufactures printed material. LM - Perhaps Mark didn't know that because he is not a local resident, my son worked in that building for at least seven or eight years. So, he knows, and I did ask him. MM - But it's also an abandoned use. Isn't it? CT – There isn't a determination of abandonment, but it certainly hasn't been used for that use since the Sentinel left the premises JP - They left about five years ago LM - My initial thought when we first saw this case last month was that I would rather go down the road of a special permit than use variance. That's why we requested something from the building commissioner because we wanted to know if there was a possibility that we could go down that special permit road rather than deal with the variance. JP - In fact, we had two tenants there. They built the building for that purpose. Did they have offices? They did, but there wasn't any other tenant in there. MM - How many businesses are there on the first floor now? JP - Two MM - How long have they been there? JP - for maybe five years MM - Prior to your ownership? JP – No MM - After your ownership? RB – Yes MM - Did they apply for permits from the building department? JP - Yes 14 MM – Were they issued by this building commissioner? JP - Existing non-conforming, and he allowed it because there was manufacturing there before. That's my understanding. LM - I think with respect to the Board, it seems, in general, to be looking toward a special permit. Would like to amend the petition? JP – Yes CT – Motion to amend the petition from a use of Variance to Special Permit, as petitioner requested BG – Motion Seconded Vote 5–0 to accept the petition amendment LM - Can you speak in regards to the Special Permit? Last month, we also talked about some of the uses that your storage will be limited to and certain things. If you can speak to all of that JP - I can do that, but again, it's going to be doing this feasibility study; you're going to tell us what we're looking for. But we're not looking for mattresses. We would have to create a whole other elevator, so we're looking for documents from insurance companies, lawyers. Maybe some areas where we can do medical records, whether in the form of high drives or physical records. LM – So, more data storage than anything? JP – Exactly LM - Not a regular person coming in off the street JP – No, but we would see what that the feasibility says that should be. I would assume some portion of that, especially with 700 more units coming in Downtown, I think that some people will want to be there. But they're not going to put a bureau that doesn't have much value in paying a premium to be Downtown and store that. They might have some antiques, jewelry, and it is safe on the second floor as well. So, that's what the feasibility study will help us round out, so I don't have a lot more on that because that's a big-ticket item to try to get LM - And the feasibility study, I would assume, is pretty expensive JP – Exactly LM - That's why you don't want to spend the money before you know it JP – Right! JP - In Page 169 in the new zoning ordinances, it starts getting to the meat and potatoes of 5-6 items, plus social, economic, and community needs. The proposal serves this; as I just mentioned, we have 700 more units coming in Downtown. There are a lot of more renovations to the three families in two families. So, this storage would help us provide the residents the opportunity to keep their belongings that are not down, the highway, Leominster, or down on John Fitch, which is all occupied in full at this point. Traffic flow and safety, including parking and loading. The change to the traffic will be minimal; they might have three or four people coming on the weekend, and once the building gets filled with storage of whatever type that we do. So there will not be a lot of flow to the building; you're not going to see that. If we have to get things inside, it also has a loading dock, and they can pull right up to the front if they have to load stuff into the upstairs elevator. 15 LM – So, in other words, what you're saying is, once they've established their spot in the building, then they probably won't be coming back? JP - They typically don't. The storage for a long time LM - That's what I've noticed a lot of storage places, you don't have the vehicles or people RB – Exactly, you can drive by the one on John Fitch on that side road. You may see no more than eight people at a time. And it's hundreds of units. JP - The stairs in the center building are 12,000 square feet in totality, not including the paths, elevator, and everything else. So, we might have 9000 square feet that we're talking about, so it would not be a significant traffic flow or safety issue. Parking We have 26 parking spots; they would be loading and unloading quickly. So, there's no need to stay there or to visit the site. Adequate utilities and public services: well, I don't believe it will ever call for the police because it'll be under camera surveillance. So, that's a benefit. It has a sprinkler system and alarm system, so we're not going to be looking for fire to be there. It is a brick and steel building. LM – Could you go back to the security part of things and tell us how it would work? JP - There will be cameras, and they will go in the cloud that would hold that storage, and they will be activated when someone comes into the building. You should be able to see what took place, which would be stored for a time. Any coming and going is going to be monitored and recorded as well. LM - And they are free to go come and go when they want? JP – No LM - What are your hours? JP - That's a good question, the feasibility study will tell, but I don't expect someone there at 11:00 a.m. LM- Probably, we want to limit some hours. JP - I don't know what their hours are downstairs LM - Do you limit the length of stay? JP - No LM - But you don't limit that there is not a maximum number amount at a time? JP – That's a good question, we haven't thought about that; how long they will be in, and what are they doing JP – About neighborhood character and social structure: everything around there this service is a bank, church, post office, City Hall, the historical Commission. So, they serve there; this is just another service that will not be frequent a lot. I don't think that we're going to see any major changes; the building is going to say exactly how it is on the outside. We are not going to add any loading docks, not going to add anything to it. Clean it up; we might get rid of the shrubs in front and put nicer trees, an updated new roof to go on and insert in the surveillance system would go in. Other than that, it wouldn't be a change. RB – The outside isn't going to be any different; the sign will be minimal, but in something nicer back in letters or something that could be improved LM – You are investing in Downtown as well. JP - Is impacted natural environment putting drainage, the building got drainage now. It functions perfectly; there's no waterfall, has a place for snow, it doesn't get removed, there is a 16 place to put it. Nothing is going to change it on that, and this has been this since 1979. There have been no changes from the original time in the building was put up JP – About potential fiscal impact, including the impact of the services tax base, employment. The one thing that we're not going to be employing anybody. And that's one of the negatives; it's not going to be a place where you can go in and get a job there. They will be virtually and nobody there unless there's a problem, and we let the people in at that time, but it's not going to be an employment thing. The fiscal impact of the taxes right now is $12,000 a year on the building because its value is around $650,000. Once we get the income upstairs to produce, the four downstairs could be 10 to $15,000 a month. The value now is probably $1.5 million, and the tax base goes up to 28 and a half thousand dollars. There's no impact on the city services; we are not going to bring any congestion at all. LM – However, if people are coming in to utilize that, they might go to some places like Dario's JP - They could because, if they're local with the 700 new units, they could use this service JP - Prevent overcrowding the land, we're not going to change outside the building, and the only change that happens is inside. Christine asked if we could do an increment expense, and I did. We have not much debt on the building. We have around $200,000. So, the taxes in the mortgage are around $2600, water and sewer right now is 300, insurance is 300, utilities are running on an average $2700 a month. So, the first floor brings in $1500 from the machine shop, and the other shop that produces granite countertops brings in $1800. They bring in $3300 a month, so that's $40,000 a year. Right now, we run a negative $31,000 a year. We have been doing that for four or five years, in addition to the negative cash flow. The roof has been leaking for a year and a half. We got an estimate of $68,000 to put a new roof. If we remove the entire roof and start from scratch, it will be for over $100,000. We also have to put new HVAC and separate all the utilities. So, it's a major investment to get this in here, so it has been a burden. LM – That's something that you would have to do anyway JP – We do, but we can't do that without a tenant. We've been at this for four and a half years, and we can't get a tenant. LM - Would you like to hear the criteria for a variance? Board Members MM - What's this zone? Tom Skwierawski - DB LM – Is anyone in the audience or virtual seeking any information in this case? Tom Skwierawski, City Community Development, and Executive Director- Briefly, I have comments regarding moving in with a special permit. I was primarily here because of the use variance issue. We went through a zoning ordinance rewrite for 17 months. We delineate what belongs in each district and what doesn't and use variances are very high thresholds that need to be met for granted. I think it granted variance within five months of redoing our entire ordinance. I think that isn't good across, especially that close to where we just wrapped the process up. I don't think this is the best use for Downtown; I heard a lot of comments about it's not about going to impact anything. Basically, it doesn't change much from its current conditions in terms of what we are trying to achieve in our downtown business district. LM - May I ask you this; do you have a suggestion? Have you spoken with them or any other folks about what would be in keeping with what your idea of Downtown would be? TS – Yes, we provided them additional development to step in. Look at renting to the community college, doing classroom space, and laboratory space. Ultimately, the consultant determined it 17 was a bit too small for what they needed. We had an FATV looking at the property previously. Actually, for certain properties like this, it's unique in that it has the office space but light industrial on the first floor. LM - I wanted to see what efforts or any thoughts might have been given. JP - To be honest, the City has been tried to help us, and we tried it for the doctor's office that almost purchased it. FATV they were that close to buying it, but we can't continue to wait, and this seems like an innocuous use that would be great. It doesn't mean that it can't be something in the future, but it needs to be something now. LM – So you can survive? JP – Yes, we have to put money in every month. I'd like to be taking some out. LM – Is anyone in the audience or virtual in support of the petition? None LM – Is anyone in the audience or virtual in opposition? None MM – I visited the site; I read the building commissions letter thoroughly because you pointed it out. I don't know if I wholeheartedly agree that we can't move forward with a special permit. However, we can add a sunset clause and have some conditions. LM – We had received input from the City Council, Andrew Van Hazinga. Stating: Dear Ms. McNamara & members of the Board. First, I wish to express my concern regarding the proposal to use the building at 808 main street as a storage facility. I do not believe this proposed use is consistent with the City's vision for Main Street and is not in the public's best interest. Downtown Fitchburg has entered a period of growth after many years of disinvestment. Just down the street, the City has recently completed the redevelopment of City Hall, and Fitchburg State University is moving forward with a complete redevelopment of the Theater Block. Across the street, private developers are in the process of breathing new life into 805 Main St, converting it into a mixed-use property, and a recent buyer, 759 Main Street, is submitting plans to do the same. As the City guides the process of Downtown's rebirth, we need to be mindful of our vision for Main Street. The City has made a concerted effort to promote uses that attract people Downtown. We want Main Street to be a place where people live, work, and a place where people come to visit businesses, go shopping, eat, drink, and be merry. The City's goal is to create a vibrant Downtown that is alive with people coming and going. This is why storage facilities were deliberately kept prohibited in the Downtown Business district during the recent zoning rewrite. This is a static use that keeps the building functionally dormant. This goes against what the City is trying to encourage for Main Street, especially for such a prominent building. I fully understand that there are challenges with marketing this building; it was designed for publishing use that isn't there anymore. However, that doesn't mean that we should settle for a use that is not consistent with our vision for Downtown. We shouldn't allow such a prominent building to be put to sleep when we're trying to awaken the rest of Main Street. There are plenty of areas of the City where storage uses are allowed and better match the characteristics of the surrounding neighborhoods. It doesn't have to be located here. 18 The Board needs to consider the property owner's situation when evaluating whether a proposed variance is in the public's best interest. Sometimes the specific characteristics of a property and its improvements limit what uses are feasible for a building. This is somewhat true for the building at 808 Main Street. It was designed for newspaper publishing, which has largely gone the way of buggy whips in today's economy. However, that doesn't mean that the building is not suited for a wide range of commercial uses that are allowed in the Downtown Business district and consistent with our vision for Downtown. Financial hardship is an important factor to consider, but this doesn't mean that the Board has to approve a prohibited use that is most profitable to the property owner when other viable uses are allowed in the district. If approved, I have no doubt that the developer will do a good job with the project, and I have been a strong supporter of their other projects in the Downtown area. I don't think this use will be an active detriment to neighboring properties. It will likely be largely self-contained with little change to the exterior of the building. However, storage use is not the highest and best use of the building, and I believe this use represents a lost opportunity for one of the highest-profile buildings on Main Street. As the City Councilor for Ward 4, which includes Downtown, and the chair of the City Council's Economic Development Committee, I do not believe the proposed use of 808 Main St as a storage facility is in the best interest of Fitchburg. JB – I have to say, and as everybody knows, I love to go to New York City. I'm in there quite a bit. The last time we were down there, I walked to the Highline, an old L train that runs from 32nd St. to the meatpacking district. On our way down the Highline, I happened to stop at one of the blocks and look over the bridge, and I happened to come across Manhattan mini storage. There's a 17 Story building two bases wide that does mini storage, just these people want to do. All of the buildings surrounding there are being converted to residential; they used to be offices. And just like Fitchburg, they're putting in 688 residential areas are residential apartments in this area. And there's no place to store anything closely; it's done in New York City because residents want to have someplace to put stuff, lawyers, insurance companies, financial institutions, and they all need to play with someplace to put it. So when Andy can come down here and say, I think it could be better, I mean the building is set off by itself, it's on the part of the City that nobody walks to anyway. There's not going to be any stores around it; the closest thing to any foot traffic is going to be the church next door. LM - I think this is a great point because there are going to be 688 people who will be living now in this area. And where are they going to go to this storage? RB – Leominster has one, Worcester has one. JP – We are not trying to do anything wrong here; what's going to happen here is positive for the whole place. MM - The proposal is for what floor? JP - We want it to the entire building because if it works well and the manufacturing leaves there, we would like to do it on the first floor. MM - There's a lot of concern in the City about what we all want. Unfortunately, it doesn't sound you have been able to attract the right client at the right time. The building needs to function. It needs to be maintained; it needs to work in the meantime. I am looking at this saying that the storage is a minimal investment for you, and it allows for a re-conversion to something else if something more attractive comes along right. Would you look amicably about a request for the second floor for that type of use, and let's take steps, let's get that up and running. And see what 19 happens with the bottom floor because presently it's occupied. I'm not saying I'm against it, but it still allows for mixed-use in the building. There might be a time where somebody comes and would be interested in the building. JP - The problem with that scenario is that what they're looking for, they want traffic, and people have a life that they want to over these different places. The first doesn't offer that, and it's a light manufacturing, its cement, it's got a huge loading dock, no windows. MM - I get it. The building is a challenge for what everybody's dream uses. Including mine JP – Our discussion is not about 100,000 square feet, it is about 9000 upstairs and maybe 9000 downstairs, So, to limit such as 9000 for storage. It is limited because light manufacturing might grow up and grow and get bigger. They're probably going to leave and then stop with the billing, producing half the amount of income. JB - We didn't say that. We say that you can always come back to settle the second floor. We want to give you a permit to get you started, get you up on that floor, and get that floor taken care of. See how you like it. If you like it down the road and those people leave, then you come in, and we do it the rest of the building. JP – We will agree to what you say to be honest with you, but to limit it. I don't understand the benefit because you're not giving me another group that's talking negatively for they want at all because it's light manufacturing. No one’s visiting those places right now Tom Skwierawski - I thought that this was strictly for the 2nd floor, which is why it's been more neutral, in my opinion. I would say if this were for the first and second floors. I guess I will go on record to be opposed to this project. I would even argue what is there today in terms of manufacturing. Did not allow by Special Permit because they are allowed by right. MM – So, we have a section for light manufacture in the table Tom Skwierawski - If you look at the use table located on page 9, section 16A MM – What is the negative side of this project if it were to be storage on the 1st and 2nd floor? Tom Skwierawski - I think to conserve and to put it nicely, we're trying to awaken Main Street. So when we talk about detrimental uses, it isn't only detrimental in the neighborhood around it. But creating dead space is detrimental to the character that we're trying to develop on Main Street. LM - What about light manufacturing then? How does that speak to lightening up Main Street? They go into the building and produce things, and then they leave at the end of the day. Tom Skwierawski - The reason we're supporting, and that's practicing in the plain world, is to support small diversity in a downtown environment, than it used to be 25 years ago that you don't need to move and be able to work from home. So we need to generate activity and make stuff. BG – The second floor that we primarily were talking about for the storage JP – No, the permit was put into for both the first and second floor on the application BG – The tenants on the first will be asked to leave? JP – No, definitely not. We want them to stay, but we want to convert, and now we find out that the 600 new units and the people in the factories that just moved in, and wanted to use our facility, and then when they leave what we do. So how do we attract that guy that does cement if there is not a lot of them? 20 LM – You want a backup plan? JP - We need it. If it doesn't work for us, we put the building up for sale. Someone comes in, and they put, for instance, a drug rehab center on the second floor; it's a permitted use. Tom Skwierawski – That's not a permitted use JP - You can have medical attention on the second floor, what is mental, what if it's other things LM – Yeah JP-A billion things could go in there that no one has to be in front of a board to ask for permission. And it is going to be highly detrimental to the church, City Hall, the banks, Historical Commission, and to the post office, and just the coming and going of whatever that element might be. So we passed to set up at 655 Main Street and sat on an empty building for another three years. Until we got the restaurant and three condos put in upstairs, we tried. This isn't going to fit every single situation. BG - Will the loading dock be shared? Presuming that you have your tenants continue first of floor, do you have one loading dock? JP - Is a loading dock in a ramp, but stuff is going to come in the front door and go up the small area. BG - How many storage units? RB – That's part of the feasibility study BG – Is there any public bathroom facility on the second floor? JP – There are six BG - Controlled environment? JP - We expect that to be the case because we want to get a more expensive tenant. We only have 9000 square feet. So it's going to go quick, especially if in a strong building with the sprinkler system in campers, so yes. BG – So, the second floor will be entirely controlled? JP – Yes, unless there's a code section of that cold storage work better, then maybe we'll keep that in sections. Because is no windows and the cold storage might work better GB - Feasibility study, when would that occur in the process? is that your next step. JP - After the 20 days, I assume it is a 20-day appeal process. LM - Once the decisions are written up GB – I hear you are going to do about a $70,000 spent. You get 40K in rent annually. You have 30K deficit annually. You mentioned a $300,000 investment to do this, so you better cover 30K plus or a whole lot more on a storage facility. Now, I've heard this feasibility study many times, and I support the project in general. I get where you guys are coming from. It strikes me like a Hail Mary in a way because that feasibility study has to come back with our ally's product, that people want to storage, that you're going to be able to charge enough for it. It comes back and says it's going to be perfect for mattresses. Well, you are in trouble. JP - Yes GB - You guys got a tough business problem JP - We're in the red because we have a utility bill that runs $4000 in the winter months. We are heating the entire building, so if we pay for all the electricity. So, part of after we put the roof on, 21 we would put HVAC and separate utilities. The first floor is going to get their own modern heaters now, and they're going to be asked to pay their own way in that regard. GB – I wanted to make sure that we all are talking the same language here. CT - There are two dumpsters on the side. Are they going to move? Because it seems very tight to have parking there, you can like kind of scoot by when this dumpster is here. JP - The first-floor tenants have utilized them, but they can be moved CT - The tenants must have the dumpsters. JP – Yes, they recycle the chips from the machine shop LM - Flow of traffic within the property. When someone comes in. How would it work JP – They will pull right up to the front door, which always seems to be open as it is right now. Which is to the left side of the covered parking spots. They unload they are going into the elevator, and go upstairs. LM - If necessary, would you be receptive to screening? JP – Yes, there are some very old shrubs in the front. Could make a nice hence fence LM - Could we do something about granting a special permit with conditions? And one of the conditions is that they come back after the feasibility study to add perhaps or take away other conditions. JP - That's okay, but to have our investment feasibility study and come back to the Board and say we don't like what you're going to do. LM – Right, but your feasibility came back and said mattress JP - Then it's done. I'll say right now we don't want them, put in there saying no mattresses. LM - We have to be able to take a look at the feasibility study. We need to know what it is. We don't know like you don't know. JP – Right, what don't you want? Tell us now, don't make us to spending money. MM - I am only one board member. I don't need to see what they're paying some professionals that come back and tell them whether the business is viable or not. I'm just here to look at the application, into granted or not to be operated. But I would also want to put a condition a one- year review CT - On a review, I've kind of been writing down what I thought of as possible conditions. Which I can go through, but on a review. I think that if there's any exterior modification of the structure or the landscaping, I want to see it. So, that's the point at which I would want to review. LM - That's why I was asking you about screening, those are some of the things you could come back, and we could talk about with JP - Those things we can agree to right here and now CT - I wrote down as possible conditions: The signage be minimal but will be designed not to stand out to blend in with the exterior character building. No more chain-link fence anywhere. Hours of operation 7:00 a.m. to 8:00 p.m. I am really in favor of at least having an initial stage where it's limited to the second floor, and I apologize because I know that might interfere with 22 your plans—review of exterior modifications. Dumpsters need to be moved in order to provide passage and not operate as a nuisance—Sunset clause, regarding the transfer of ownership. In discussion generally, if we could take this as a split vote, we vote on the existence of a pre- existing non-conforming condition and then vote on the grant of a special permit. I would also ask that we vote on it that way. I looked at the building, and I've looked at it in terms of the possible use variance. I don't like use variances; they're very difficult to get. You're supposed to have a severe hardship. Looking through the criteria for that, I had thought you met the criteria for consideration of the use variance by the Board. Because you have a financial hardship, I think it is substantial. I've listened to your efforts to find a tenant for the second floor, and I think you've made a substantial effort without success. The building costs a lot of money to maintain; that building is built like a brick house, so it's difficult to modify, and certainly would be very expensive to take down. So, I think you have a hardship that's related to the structure and its existing on-site. I don't think you are going to bother anybody, any of your neighbors with this use. I don't know that it provides a benefit to the City other than the fact that the building won't fall into disuse because there's not enough money to keep it going. I would love to see a more front-friendly business come into the first floor and limit it to the second floor. I think it will help to maintain that as a possibility, and I hope as you go through this process, you both will still be open to any new possibility that might enter into the arena, but you need the money to maintain the building. So, I think whether it's under the special permit or the use variance, you need some relief and if this is the only viable way for you to generate enough money to keep that building going. JB - In the long run, in the vision of the idea of having all these residential apartments in the City, I know that this society has stuff. The big thing is buying stuff, and when you get stuff, you have to store it somewhere. So because you don't have enough room, this place would be essential for high-end products that people buy become stuff. So I think it will work fine. BG – Very comfortable following the directions Christine has GB - I look at this as a building with not a lot of different uses. Some people say apartments. Have to walk the property to look and say there's no parking for apartments. It occurred to me, and Joe brought this up, that some businesses Downtown could potentially benefit from a storage facility. I don't know that maybe a feasibility study will say that. I did notice that in Councillor Van Hazinga's letter, he didn't come up with any alternate uses himself. He was against it, but you're going come with a solution. I do have a condition, and I don't think you will object to it all, but it incurs to me that talking about potentially storing medical records, personal information, financial, legal, state of the act, professionally installed internal and external security system. This would prevent potential break-ins, which would take care of many people's fears down on Main Street. And prevent potential lingering around that building, so I think the security system is critical. CT - Motion to conduct two votes; the first vote should be on the determination of whether or not there is a pre-existing non-conforming use. Existing on the second floor of the building at 808 Main Street. The second vote should be whether or not to grant a Special Permit criteria. The first vote is in the affirmative. JB – Motion Seconded Vote 5 – 0 to conduct two votes CT - Amend my vote to have the determination be as to whether or not the entire building was a pre-existing non-conforming manufacturing use JB – Motion Seconded 23  Vote 4 – 1 to Amend the prior motion LM – Since Brian Gallagher wasn't present in the prior hearing for this case, he is not voting tonight on the motion. MM – For the record, has petitioner withdrawn their request for a variance? LM – Yes, they did earlier JP – We are requesting a special permit CT - The Board voted that there was and is a manufacturing use in the building, and therefore if there is one, it's not an abandoned use. Under §181.332 LM - It's an extension of the use CT - Change or extension LM – For that matter, it would be less detrimental CT – Less detrimental than the manufacturing use, that the Board just voted on CT - Motion to Approve the application for a Special Permit under §181.332 to operate a warehouse storage facility at 808 Main Street subject to the following conditions: 1. Signage shall be designed to match the character of the building and be unobtrusive 2. No additional chain link fencing be added to the property 3. Hours of operation to be from 7:00 a.m. to 8:00 p.m. 4. Construction and a certificate of occupancy to be completed on the second floor with Board Review Hearing prior to a building permit issuing for the first floor; the Board reserves the right to institute additional conditions at that time 5. Interior and exterior surveillance system to be installed to reduce calls to fire and police. 6. Review and approval of any exterior modifications to the building or landscaping 7. Dumpster shall be moved to provide adequate access in the passageway for vehicles and parking 8. The business shall not to be operated as a nuisance 9. Sunset clause: Transfer ownership 10. One year Review JB – Motion Seconded Vote 5 – 0 to Approve the Special Permit with conditions 1. MISCELLANEOUS 2. ADJOURNMENT 4. MISCELLANEOUS 5. ADJOURNMENT 24