Zoning Board of Appeals

ZONING Board of APPEALS 718 Main Street Fitchburg, MA 01420 MEETING DATE: Tuesday, November 9, 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 McLauglin (Vice-Chair), Joseph Byrne (Clerk), Christine Tree, Brian Gallagher, Greg Babineau & Gary Kirschke 3. Hearings CASE No. APPLICANT PROPERTY TIME ZBA-2021-26 John Pagonis 36 CASTLE RD 6:00PM Continuance: Variance under §181.93 of the Fitchburg Zoning Code to expand the existing garage towards the front yard of the single-family dwelling that will be less than required 30 feet set back leaving only 19.3 feet pursuant to §181.416 located in the Residential A District Map 318 Block 1 Lot 39 The presentation was given by John and Melissa Pagonis, stating: At the last hearing discussion back on September 14, 2021, the Board suggested redesigning the project plan, so instead of being on the front, we are now looking for a side variance. The side relief we are looking for now is for 3.08 feet, where the requirement is 15 feet. LM – 3.08? JP – Yes. Another thing that we are looking to do at the house is not just the expansion to the existing garage. It's also to have an addition. Our house is the smaller house in the neighborhood at 1,347 SF, so it's going to be 624 SF in addition, bringing the house at 1971 SF total. There will be a great room above the existing garage in addition to a full bathroom. LM – And it's just for your use only? You are not looking to expand it into an in-law or anything like that. JP – No, it is just for us LM – Is anyone in the audience or virtual seeking any information in this petition? None LM – Is anyone in the audience or virtual in opposition? None LM – Is anyone in the audience or virtual in support of this petition? Joan Mateo Ramirez of 19 Crescent Hts., Fitchburg, in support of this case Gloria Hume of 35 Castle Rd., Fitchburg, stated that she resides across of street from the petitioner's property, and I am here to support the petition. They are good neighbors and always seek to give a hand to other neighbors; during snow time, the petitioner goes above and beyond, helping keep the neighborhood community neat. They are extremely supportive, hardworking, and trustworthy neighbors. CT – The front façade is going to be similar to the main house? JP – Yes CT – The story extension at the same roof line? JP – Correct CT – At the rear, is it going to be a two-story as well? JP – The full extension on the rear is going to be one story, it will be the roof line of the garage itself with seven windows LM – But it will tie in on level with the same roofline JP – Yes CT – The deck is going to be removed, and that is going to be the structure? JP – Yes, that is going to be the kitchen extension. Our kitchen right now is only 85SF, so we bump each other all the time. CT – There are certain conditions for granting a variance, and I think you talked about one of them. Which is the hardship you're experiencing using the home. There has to be an issue relating to the shape of the lot, the soil, or the photography. Could you talk about any issues there? JP – So, the main issue with our lot is that it tapers inward. As you go from the back of the street, so there's really limited room for expansion. In order to expand, we need some Variance because the house is already on the widest part of the lot, as you can see in the print, so as the result of a taper, we lose room and wouldn't have any square home. One of the things that's important to me is basically to have the existing lines retained as much as possible. I don't have a whole bunch of steps on the home, so that's one of the considerations. It’s the fact that because of the taper, that's why we need the 3.8-foot variance on the side CT - On the corner of that taper into that side setback. Is there any vegetative screening or another fencing that is blocking the view between you and your neighbor? JP - We have a full fence around the entire yard, right where the car garage is CT – Six feet? JP – Yes, and we also planned during the renovation to change it into a vinyl fence CT – Again, you're only going to use this for single-family residence use, no commercial use JP – Just us and our family as it expands BG - For clarity with the extension on the front of the garage, you did say that it would meet your current roofline, correct? JP – Yes BG – So, the facade of the house would be flat across, including the roofline JP - Yes 2 BG - The paved driveway, I would imagine that 9 feet of that would be removed or perhaps a little more, and would extend a cement pa onto that? JP - That's the plan, and we would drop it down to meet the current curvature JB - I'm good MM - Well, I think we're back here because the board expressed some concerns about how much forward you are moving the garage and how it will be a character with the neighborhood. So I appreciate the time and the effort that you put into recalculating, rethinking it. Now, I know you are car enthusiasts, and you would try to get some more garage space. JP - We have four cars now, and we want to be able to fit all four cars in the garage MM – That's got you where you need to be? JP – Yes MM - Is part of the garage going to extend to the back now? JP – Yes, so the car garage is 22 by 22. We're going to add 21-feet. 12 X 40 on the back MM – The front two cars will be poking into the back a little bit, and the back two cars will be sharing kind of the middle space where it is now and a little bit of the new space. JP – Yes MM - Because of that, you're set back in the rear is now 11 versus 15 JP – 11.2 GB – Are you going to add a deck at this time? JP – Not at this time LM - As far as construction time, and who will be doing the work? JP - We haven't picked anyone yet. We will find someone local because we want to support local businesses. Our friend that I went to high school with is a contractor. He's at West Boylston, so I'm going to have him to bid on it. We're going to have one of the gentlemen, Leo, who lives in the neighborhood; he developed the neighborhood, so we're going to have it quoted by him as well. LM - When do you expect to start the project? And what will be your construction time be? JP - Based on preliminary talk with people, it sounds like we could break as soon as the ground thaws. So, probably sometime in mid-April to late April, and then hopefully within the above eight-month spread. LM - And the facade will match exactly what you have current right now? JP – Yes, it will LM - And back as well, everywhere JP – Yes CT - I would be in favor of this application. I believe the shape of the lot makes it difficult to add to the property, in any way, that would not to exceed some setback. I appreciate that they modified the plan so that the setback intrusion was minimal, and in the rear of the property so that the visual to the neighborhood is not impacted. We retain the uniformity of a developed 3  community; I would remind the applicant that if granted a variance has a one-year timeline to begin and start a substantial completion of the construction. If that's not met, it needs an extension; I would want a limitation that it’s for single-family home use, no commercial activity without further approval. LM - Any other conditions? CT - Constructed to plan. The façade to maintain integrity with the remainder of the structure. The fence is to be maintained with the neighbor to ensure that their screening is between the intruding portion. LM - All construction debris to be removed within two months of the project completion MM - Looking at criteria for variance, the lot is tapered, and the house is positioned on an interesting angle on the property. If the house was placed on the lot and more squared-off fashion, a lot of the variance, maybe none, would be required. So, it is unique in how the original structure was placed on the land without allowing for any future accommodation for buildout without seeking relief. GB – Given the difficulty for the lot size and goodwill shown to modify the plan per our question, I'm in support. LM - I agree with everything that has been said. MM - Motion on ZBA-2021-26 under §181.93 to Grant the variance at 36 Castle Rd as requested with the following conditions: 1. Project to be constructed substantially in accordance with the plan as submitted and dated September 22, 2021. 2. The facade shall be constructed in a similar style to integrate with the remaining building. 3. The use is to be restricted to a single-family residence, with no commercial use without further Board approval. 4. The current fence or other similar visual barrier between the property and the neighbor into which the setback variance protrudes shall be maintained 5. All construction debris to be removed within two months of completion of the project JB – Motion Seconded Voted 5 – 0 to Grant the Variance with conditions ZBA-2021-31 Joan Mateo 69 BENSON ST 6:15PM Special Permit under §181.313D12 of the Fitchburg Zoning Code to stablish a truck maintenance/repair business located in the Industrial District Map 192 Block 9 Lot 3 The Presentation was given by Joan Mateo of 19 Crescent Heights in Fitchburg, stating: As the Board already knows, finding a CDL driver is a hard person to find because there's not enough. So, I have five drivers working for me, and this is when the paving season starts slowing down because of the snow. So, I'm trying to get some maintenance work, say for a small company from Fitchburg. Like light maintenance and to do an oil change and work on their truck for at least three months, so I can keep my drivers busy until the next season. Or otherwise, I will lose them because those people pay child support, and that's something that they can't stop paying at all. So, if those people who used to work a lot, and then every day is slow, their 4 paycheck goes down, and they will look for another position somewhere else where they can stay busy all year round. LM – So, you want to keep them on so that you don't lose them to another job somewhere else. JM – Exactly LM - I saw in here that you're going to be doing some trucking. Could you tell us about it? JM - Yes, I have my own trucking company, "Joan Flow Trucking, LLC." I do paving and work for PJ Keating Company and plowing for DPW. Which is mostly seasonal. LM – Is anyone in the audience or virtual seeking any information regarding this case? None LM – Is anyone in the audience or virtual in support of this case? None LM – Is anyone in the audience or virtual in opposition to this case? None BG - How many trucks do you think you'll be working on and doing the light maintenance? JM – My trucks, I had three tractor-trailers BG - And those are the trucks that you are referring to about having your employees work on during wintertime JM - Oh no, we will be doing Longley. I also have applied to do the maintenance on the DPW trucks. Eventually, trying to get some other small companies around, but I haven't talked to them yet. I am trying to obtain the license and everything legally by the law. BG - If you had to guesstimate, how many trucks do you think you would be servicing? JM – Within three months, I'm guessing probably thirty trucks BG - What type of maintenance will you be doing to the trucks? JM – It will be greasing, washing, fluids, here and there brakes, oil changes, tire changes, add washer fluid BG - Oil changes JM - Oil changes, they are serviced every 15,000 miles, so I am only getting two order changes a year. So, most of the time, those big trucking companies brought them to the dealer and parked the truck for the rest of the season. So, I probably would be doing an oil change on my trucks only if I get work enough. BG – You have three trucks? JM – Yes BG - What would you do with the oil? JM – I am planning to buy a heating oil system that uses that dirty oil to keep my place warm. BG – So, you'd be recycling oil to create heating and it would be stored in what? JM – I have a 55 gallons container. I had three, I don't think I'm going to need more than that, but the 30 trucks I am planning work on in the wintertime. So it won't be enough oil accumulated. Because we use it for paving, we put it in the body for the paving to start to slide it. So if I buy the heater and snowplow every day, I probably need to buy oil from somebody else. BG – It will be recycled? JM – Yes 5 BG - Any additional would go into the pavement? JM - The oil we use or diesel on the body for the paving when it is starting to get cold at night it doesn't stick to the bed BG - What are the type of maintenance would you be doing in the trucks? JM - I do business with Viola Tires here in Fitchburg, so I would need to take the tire out and put the new one on it BG - Will any trucks be stored in the building overnight or in the parking lot? JM – Yes, I rent the space in the parking lot, and we park every day BG - How much space is included in your rent for trucks? JM - I believe five spaces JB – You mentioned you have five spaces in the parking lot. How do you know you have five spaces? For there are no lines on that parking lot, and that parking lot is not paved. JM - We used to park the truck one in front of the other, so who comes first would take that first truck to the front JB - Who owns the parking lot and the land? JM – A & B Realtors, LLC JB - Where are they from? JM – I believe they are from Leominster. JB – So, they're out of town. JM – Yes JB - I think the place is an absolute pigsty; there is absolutely no reason for all those trucks and everything to be parked helter skelter all over the place down there. It is one of the entryways to the city, and it doesn't look proper at all. I was down there this afternoon, and I could not believe the number of vehicles parked in and about in a mishmash type, disordered mess. MM - The building now, it's open and doing business. Right? JM – No, I had the garage bay just for when I'm working on my trucks, but if they need repair, I bring it to the MART dealer or Peterbilt dealer. It is to do a small thing like changing the lights. MM - I visited the property a couple of times, and there are signs on it. For example, "Says tire store." JM - it used to be a tire warehouse MM - You're going take those signs down. JM – I already did MM - But they were there tonight? JM – Tonight? MM - On the windows, on the canopy JM – Oh, probably stickers MM - That's going to come out. 6 JM - Yes MM - We're starting fresh; it's going to be a new business for you. It's just going to be auto truck repair, but other people's trucks plus yours, right? JM - Yes MM - You said you have a business. How many trucks do you own? JM – Three MM - Where is that business conducted now? Where do you keep your trucks? JM - They are parked in there, in the front MM – So, you're going to have two businesses there; you're going to have your current business on site. And you're also going to have repairs. JM – When you say repair, it is not about engine repair and stuff like that. It is light maintenance MM - Light maintenance JM – Yes MM - Are you going to put professional signs up on the building? JM – Yes MM - You live on Crescent heights JM – Yes MM - Do you still bring your trucks home? JM - No MM – Good, because that's a no no. You can't park those commercial trucks in a residential neighborhood, but that's good you’ve stopped doing that. JM – Yes, I already got an issue with my neighbor, so after that day, I never bring my truck ever again to my house MM – So, you understand, we have a checklist here. When you come before the Board, one of them is to have a plot plan that shows the parking, where all your vehicles will go. And it's supposed to show the dimensions, so we can see that the trucks of whatever size, where they all fit. Because of the concerns about the multiple businesses, all in a line, different people rent different bays. And vehicles are parked everywhere, and many are not even registered and park up against the doors. It appears there are a lot of fire safety issues because there are so many vehicles, all parked everywhere. So we want to make sure when you start your business you don't run like those businesses, that it is orderly, there's places to park, places to get in and out. GB - Defining the repair and maintenance, when you're talking about is light maintenance, not engine repair. JM – Correct CT – I want to understand more about how the business is situated because when you look at the plan you have, there's not even a building drawn on it. So, that's why it's kind of hard to tell, and you're not the owner, so you rent a portion of the building. JM – Yes CT - There are five bays? JM – Yes, I am renting one 7 CT – Which one? JM - The firestone, the one that used to be a tire warehouse CT - How many trucks does that bay hold, one truck? JM - One truck CT - You're planning on performing the maintenance within the Bay, inside? JM – Yes CT - Do you know which five spaces you have, where are your five spaces? JM - Right in front of the building CT – So, if I am standing at the Bay, and I'm looking out. Are they in front of me? JM – Yes CT - Not in front of the building? JM – No CT - Do you know what the businesses are that are operating in the other four bays? JM - I believe they are Auto body, they work for insurance repair cars, when they had a crash CT - Is it four different businesses or one business? JM - I believe they are two businesses, but they rent two bays CT - Are you going to have any customers onsite, or are you going to go to get the trucks to bring them and get them back. JM – Yes, for safety CT - And you are storing your three trucks over when they're not in use. JM – Yes CT – So, you only have room outside for two trucks JM - Yes LM - You've got three vehicles that you'll be parking in the five spots. You said you wanted to keep your employees working; they've got to park somewhere. How many employees do you have that will be working at the site? JM - It would be two employees, plus me LM – So, you're shy one spot right now JM – No, because on the side of the garage, we have the parking lot for our cars LM - The front of the building is where you get the parking? JM - I don't know how you guys see this LM – I see the side is the Bay, the faces the Street JM – The face is the Street, where we park our regular cars LM – How many can you fit in the front to put your employees there JM – Five 8 LM – So, there's five for the trucks, is what you're saying. And then five in front. JM – Yes LM – Then, you got three employees? JM – Five, but we all work different shifts. Three work at night, the other two and I work in the morning. So we all rotate, and most of the time, my trucks aren't even there. They get diesel and leave. And the light repair maintenance that I try and do is a two- or three-hour job, the truck get in, get the service out, get the other one get the server out. So it won't be trucks there overnight. MM – What would be the hours of operation? JM - Our operation would be by appointment. Not emergency calls MM - 8 to 5? JM - The regular schedule will be 7 to 3 LM - You said some of your guys would be working nights; are you saying offsite? JM – Yes, they are working right now. LM - But not at that location? JM – No, they are doing paving working on Route 146 LM - What time do they come back? JM - Around 4:05 in the morning LM - Do you have anybody in the office working, doing bookkeeping, or anything like that? JM – No, I do everything LM - Is it Monday through Friday your hours of operation JM - Yes LM - Do you have proper lighting at that location when the trucks come and go at all hours of the night? JM – Yes, the whole parking lot has lighting and camera everywhere LM – As they said, it's not paved, it's dirt, and it's not like it's lined or anything. Is that dirt parking for those other businesses down in those bays? Do they share some of that parking as well? What's in front of their Bay? JM – Yes, what is on the front? The other side is the parking lot for the owner of the property. LM – So, you're renting, and all those other businesses are they renting JM – Yes LM - They're renting their space; the owner doesn't have space there. He is just the owner of the property. JM - The owner has his own construction company LM - Do you know if he has any intentions of paving that? JM - Yes, he had one side, or most of the parking lot is paving, but he is waiting to get more money to do the whole parking lot. 9 LM -How long have you been in that spot? JM – Few months LM – We received a comment from the Commissioner stating: It appears to have a tire store wishing to repair trucks that requires a special permit under §181.313 D 12 automotive vehicle repair. But if large truck repairs are contemplated, it would be under §181.313 E 7 for a transportation terminal for large trucks, for which a special permit may be needed. CT –It sounds like a transportation terminal to me; it's large vehicles. I looked at the definitions of the motor vehicle repairs, which says motor vehicle. LM - I felt that way as well, I just wanted to see what the consensus was CT - I think trucks are more specific, and when we have the more specific terms, we use that definition. I also noticed that there's no lease included on the application, so I would want to know if there is an actual lease agreement. It's so little description in here. Also, I would love to see a parking plan. MM - Don't we require, with regards to renting end or leasing, a letter from the property owner. LM – Yes, but the former owner signed the application. According to the deed that's in the application LM - Should we have the petitioner come back next month with a parking plan and the owner? Or a letter from the owner you have already been operating. JM - When you say parking line, could you explain to me better LM – So, we usually like to see a parking plan that shows, well, what parking size, this parking plan we would have on file so that you've committed to and what we've agreed to we have it in writing, and we have an exhibit. MM - The city has rules and regulations on how big the parking spots need to be; those are available online. This way, we have something of record that shows when you came before us, this is how many vehicles are going to have on the property and how they're going to be parked. Usually, somebody lays out a drawing to show how the vehicles are going to park and how they can maneuver; they're not going to be blocking the doors so that people can get in and out of the building. It is also a safety issue. LM – Also, we would like to have the owners come in and provide us with the lease. So, that we could talk to the property owner. MM - As a board member, I'm okay with a letter from the property owner. CT - Under our current by-law for transportation terminal, the applicant is required to have adequate parking spaces which accommodate under normal conditions the cars of the occupant's employees, members, customers, clients, and visitors. As may be determined by the SPGA. If there are only five parking spaces or five truck parking spaces and we do agree to allow the special permit, we should review to limit the number of what it trucks could be on the property LM – So, it's important that we have this parking plan. 10  JB – Petitioner shouldn't be responsible for obtaining the parking plan. I think the owner of the property should supply it. LM - That's for him to work out with the owner CT - I don't know how we would determine that he has adequate parking without knowing what the parking is, without a plan or drawing. I agree that it should be provided by the owner, the person who's leasing the property. If you have a written lease, I would normally expect they'd give you some drawing with that anyway. On another topic, it is an entity to entity transfer, but the managing partner remains the same as Lena Ciuffo. LM - How long do you think it would take you to get this put together? A month or more than that JM – To trying to find that parking. LM - You are going to talk to the owner about a parking plan, the lease agreement with the owner, and it would be nice if the owner came to the next meeting with you JM – I could talk to her and see if she can come. I believe I have a lease that I signed there for the Bay to keep my truck there and do little things not to work on the public. LM - Ask her if she has a plot plan with all the parking spots MM – Tell her that you went to see the Board and the Board needs a parking plan, and tell her I need to show the Board where all my vehicles are going to park. So, you need to know what land you're leasing. LM – If the owner has questions, you can have the owner contact Mercedes in the building department LM - We're going to put you on for the next meeting on December 14th, but just in case we have a snowstorm, I'm going to make this extension of time good through January 11th of 2022 MM - Motion on ZBA-2021-31 under §181.313D12 to Continue the petition to December 14th, 2021. At which time petitioner to present a parking plan, lease agreement, and/or the owner to come to the meeting JB – Motion Second Vote 5–0 to Continue the petition on December 14, 2021 ZBA-2021-33 Mike Reid 22 BERKSHIRE ST 6:35PM Special Permit under §181.3212 of the Fitchburg Zoning Code to convert a portion of the finished basement into an Accessory Apartment located in the Residential B District Map 23 Block 3 Lot 0 The presentation was given by Mike and Sordana Reid, stating: We decided to redo the bathroom and basement; my daughter goes to nursing school in Oklahoma, and after four years, she will come home to live rent-free so that she could pay off the enormous debt that she incurred, so we hired a builder back in February. The contractor was supposed to have a contractor's license, a builder's license. We got the permits for everything, that was approved, but I guess the zoning was overlooked for the area. So, they approved the in- law apartment, so we started the construction and everything. All the communications went to him, not us, and apparently, there's a special permit required for an in-law. The building inspector notified the builder, but he stopped showing up. So, we've been struggling to try to find 11 other people. We found other people and we continued with the project. We got the plumbing and electrical done and inspected. We’d have the framing done; Tom Zuppa called and said we've been trying to contact the builder. There is a problem with the permit. It was issued by mistake. You would need a special permit after we already put $20,000 into it. So, we pretty much stopped everything and waited for the zoning. The basement is already finished; it has a bathroom and everything; the only thing we're doing is we're adding a kitchenette. Install stovetop, refrigerator, sink, just some place for my daughter. She's going to be there probably three or four years. LM - As far as the property itself, will any of the facades change? Will entry and exit or any of that? MR – No, nothing will change LM - Basically, is it part of your home? MR – Yes. As I said, it's already finished. It's not like we're finishing it. It was finished back in 2000, bathrooms, put in floors. LM - I got a note from the commissioner that says: This was applied for as a finished basement right when we discovered during the framing inspection that it would be an in-law apartment. MR - Probably the builder had been trying to get around something, I don't know LM – Is anyone in the audience or virtual seeking any information about this case? None LM - Is anyone in the audience or virtual in support? None LM – Is anyone in the audience or virtual in opposition? None JB - I think it's pretty much straightforward. MM – We don't have a layout of the interior. MR – We have some pictures, and the building inspector did allow us to close the walls. Put flooring down. We can't put any cabinets or anything. Do you know how many square feet is it? MR - It might be the square footage on the plan MM - This is probably one of the safest applications, where I feel very comfortable with this one because all the access to the accessory apartment is through the main house. MR - Right MM - A lot of times, we get concerned when we're looking at an accessory apartment that's almost a secondary unit itself. It has two means of egress where it can become something else down the road, I would say in this particular application. So I would want to condition that it's less than the 800 square feet prescribed for the accessory apartment. LM - I can't see what these dimensions are MR – What do you mean by 800 SF? MM - The bylaw allows for an accessory apartment up to 800 square feet total. MR – Probably, it is more than that, we do have a big basement like the main living area, and it is long. 12 MM - Typically, we ask for a floor plan that shows the dimensional layout of the proposed accessory apartment. GK – Is there a second means egress out of that basement without going to the house MR – Yes LM – So, I see that the square footage of your house is 3371, and the basement is 1368. MR – Half of it is unfinished. LM – So, it's probably 650 or under square feet if you say it's going to be half of it. MR- Half of it is the boiler room and everything, which is an unfinished area. GB - I am good. I have no question. CT - I'm looking at the floor plan sketch for the assessor's office to look at the basement's gross area. There is a main portion of the home, and then there is a rectangular back portion. It is divided into two sections on the assessor's sketch, and the front left portion is larger. MR - That's the finished area CT - Then, in the smaller section where the boiler system area is? MR – Yes, walled off a door and everything CT – So, the gross area according to the assessor sketches 912, but it's finished living area, so that you may be under that. Was the garage modified into living space? MR – Yes, as big family room CT – Slab MR – Yes, is no basement under there CT - How many parking spaces are in the driveway MR - You can fit five cars in the driveway CT – How, 1, 2, 3, 4? MR - We get 1, 2, 3, 4, but the space next to the door garage is paved, and you can fit a car there. When we have birthday parties and stuff, we always park up there. CT – Does that width go all the way out to the street? MR – Yes CT - What were your neighbors doing on Sunday? I've never seen so many cars parked at one house. MR - We've had notified the police more than once. They are new neighbors; they've been there about a year. It's been a problem. CT - Is that a matter of people living at the property or people are visiting the property. MR - The people living there have the parties; we also have other issues which we brought up to the Building Inspector. CT – How many vehicles do you expect to be at your property? MR - Three at most 13 BG - I have no questions. Everyone asked them all. LM - It seems pretty straightforward to me. It's all within the same confines of the property. So, I would say not to be operated as a nuisance. MM - My only comment would be that we either ask for a floor plan or put in a note that it will be constructed to 800 feet square feet or less. LM – So, I stand in conditions, right. MR – What's it concerns is the square feet because it's already constructed. So, I don't know if 900 square feet is not going to be a problem? LM - It's already constructed because it was already finished MR – It was already finished JB - If I heard you correctly, you said you're keeping it in space you haven't put in cabinets and everything else and, we said 800 square foot livable space. If you start putting in cabinets, it's going to be cutting off square feet. MM – Let's throw a high-level thing here 20 feet by 40 feet, that's 800. Is it that big? 40 feet long MR - Is it 40 long MM – Is it 20 feet wide. MR – It might be 20 feet, but I am curious it's off by 50 feet, and we already put about 20k in it CT – My suggestion is to give what you said about the use of property, where some of it will still be usable outside of the apartment for the general use of the house. There may be common areas that are not part of the apartment. MR - Well, there is; it is a storage area. MM – So, we have you do a drawing and submit it. LM - I think Christine had a good point that it's going to be a combination of some of your living space. So, if you send us the plan with the affidavit so that we can have this on record that it's 800 square feet or less. MR – Okay MM – But the laundry room, heating room, all that stuff, isn't the accessory apartment. JB - I have no problem. GB – As long as the condition is met CT - I'm in favor of granting the application. BG – I am in favor. I appreciate all information. LM - I'm in favor of the petition; as long as you provide those items, I don't can't see why the building inspector can’t issue a permit. So, we need the affidavit and the floor plan. 14  MM - Motion on ZBA-2021-33 under §181.3212 to Approve the Special Permit for an Accessory Apartment/Accessory Dwelling Unit with the following conditions: 1. No Certificate of Occupancy may issue until Petitioners have submitted an Affidavit as to occupancy meeting the qualifications of §181.3212(C)(2). 2. The owner of the property must reside in the property except for temporary absences. 3. Petitioners must submit a plan to the building commissioner confirming that the finished area of the Accessory Dwelling Unit, excluding common spaces, will be 800 square feet or less; and the Accessory Dwelling Unit as built shall not exceed 800 square feet, excluding common spaces. 4. There shall be no separate entrance for the Accessory Dwelling Unit except as required by the building code or fire safety code as a second means of egress. 5. Owners shall comply with all conditions listed in §181.3212(C). 6. This Special Permit shall expire after five years from the date of issuance, but by be renewed by the Building Commissioner as set forth in §181.3212(B)(6). 7. This Special Permit shall expire upon transfer of ownership. JB – Motion Seconded Voted 5–0 to Approve the Special Permit with conditions. ZBA-2021-34 Carl Brunache 71 ETHIER ST 6:55PM Variance under §181.93 of the Fitchburg Zoning Code to erect a 16’X32’-6” deck on the rear yard of the single-family dwelling that will be less than required 35 feet set back leaving only 32.2’ feet pursuant to §181.416 located in the Residential A District Map 7 Block 28 Lot 8 The presentation was given by Carl Brunache, Astrid Revolorio (Owners), and Robert Wilkinson (Contractor), stating: I'm a first-time homebuyer homeowner looking to do some upgrades and certain projects. And then come to find out the deck was not permitted, for as a new home buyer I did not even ask that question. So I feel paranoid, I thought everything was okay, so we're here today to remove it and get it done right and better. LM – So, when was it built, with the house? CB- What happened was the top tier on the deck came with the house, and the owner built a secondary section to it. The plan was for them to purchase a Jacuzzi, but the wife's in the army, and she got stationed down in Tennessee, so they never got to see the plan through. That's why the second tier is there because they built the deck on their own Robert Wilkinson – I can show you the surveyor drew a picture of the deck the homeowner decided to build without a permit, which I discovered that there's a 35 foot set back, and they built it within 20 feet. So, it's 13 feet beyond the existing setback, and that's what we discovered when I met with them. I saw the code violations from a building standpoint. You couldn't have a permit for something built-in 2017, and to neighbors, this looks like you even have setback issues. And I did some homework and found a plan that would be suitable that was a little bit beyond the setback. And it needs a variance of 2.8 feet; but it would be built right and safe. Right now, think if you have a big party on it, I'd be scared. LM – It looks okay from the roadside. 15 LM - The building commissioner just identified that the deck was apparently built in the setbacks without a permit. Now, to rebuild it in the same location will need a variance. LM – Is anyone in the audience or virtual seeking any information of this case? None LM – Is anyone in the audience or virtual in opposition? None LM - Is anyone in the audience or virtual in support? None MM - This is a minimal request, and the petitioner it's trying to correct something. Not change an existing footprint. GB - I agree with Mike, and if I understand that the new deck will be further away from the property line. Than the existing deck RW – Correct, it will be 32.2 feet from the property line, and the current was 22, and 35 is the minimum setback CT - I don't think what you are proposing is much of an intrusion into any of the neighboring properties, but can you address the variance criteria at all? What's the hardship related to the shape, soil topography? Because I see on one side of the deck, it's within the 35-foot setback. Why does it need to be over that on the other side? RW –Well, it's hard to build a deck that goes at an angle, it either makes it much less, or you do it bigger. Trying to build it at an angle and follow it would be very cost-prohibitive and a very strange shape to do anything with. So, we’re better do it 16 by 35 and do it 13 going up to 16 along the angle. CT - Could you estimate the additional cost it would take? RW - I don't know what it would cost to do it, but it’s difficult to build CT - Would you say that the house to build was built square to the Front Street and not square to the rear boundary line RW – Correct, and of course, the builder decided to put it right in the center of the setback. He could have been a lot closer to the front. So we wouldn't have an issue. BG - I'm assuming you would demolish the existing deck RW – Completely, footings and all removed. There is a new size. BG - I think with the modification, you're much closer to being within the property setbacks. RW – Right, that's what the other, he went out toward the property line earlier we want to go along BG - I think it's a great plan. JB - I don't have any problems with the plan whatsoever. I think it's a great opportunity for these people to have a better deck. Plex, is that the plastic wood form? RW – Its composite 50% recycled plastic bottles, bags its recycled Maple, but there's the inventor of the composite industry that's my brand I work with JB – It's a good product RW - I think it is the best LM - When do you anticipate construction? RW - Probably going to be late March-early spring 16  LM – Oh, it is a spring project RW – Yes LM - How about construction debris RW - We bring a large dumpster on, and the day we leave, it leaves too. I have one company that I used all over the state, came in, and they take it out. LM - Is it going to be pressure-treated wood? RW - Frame structural elements are pressure treated; composite is only used for decking. LM - And that'll be the railings and decking RW – Right, it'll be per of the code JB – I am in favor MM – I am completely in favor. They are not even asking for a setback across the whole width of the deck. It is only 2.5 feet, if all things were square, it probably wouldn't be here, but they're reducing the illegal setback. GB - I am in favor CT - As long as there's no roof covering proposed on the deck, I am in favor. It would be great if dimensional lumber bents a little bit more easily, but I think there's a hardship here given the lot's shape and the house's positioning on the lot. BG - I feel you're righting a wrong, it's a nice improvement to what you're doing, and I'm sure the neighbors appreciate it too. MM – Motion on ZBA-2021-34 under §181.93 to Grant the Variance with the following conditions: 1. Project to be built substantially in accordance with the submitted plan dated September 28, 2021. 2. Construction shall proceed without constituting a public nuisance. 3. Construction debris to be removed within 30 days of completion of the project. 4. No roof/enclosure shall be constructed on the deck. JB – Motion Seconded Voted 5–0 to Grant a Variance with conditions ZBA-2021-32 Jose Martinez 147 DANIELS ST 7:15PM Special Permit under §181.336 Fitchburg Zoning Code to reinstate a vacant/abandoned building as a four-family dwelling with less than the 2,500 SF per unit lot area required pursuant to §181.743 located in the Neighborhood Business District Map 64 Block 14 Lot 0 Present in this case were Jose Martinez (Owner) and Ricky Cintron. LM – So, because you need a parking plan, the commissioner wanted to first send you to the site plan review through the planning board. Then, to help you develop your plan. JM -We have a parking plan CT – Yes, there is a parking plan, but the planning board hasn't approved it. There were some deficiencies in the plan that needed to be addressed before putting them on the agenda. 17 JM - We got an updated plan LM - Has it going to site plan review at the planning board yet? JM - No, they said we had to do this first and then go there LM - I met with Mark on Friday or Thursday last week, and he said that he thinks they should approve the plan and make sure that you go that route first. RC – He was supposed to be here today to address some issues LM - Who was supposed to be here today? RC – Mark the Building Commissioner LM - Do you understand it to be what I understand? Zoning Secretary - I explain to them personally that they need approval from Planning prior to coming here LM – So, even though you updated the plan and got it done for today. The new method is for you to go to the planning board for site plan review to review your plan before you come to us. MM – There are criteria for parking in this, and you have topographical issues, where from what I believe you want to park below. RC – That's correct MM – So, the planning board can say, yes, the parking realistically can be done with the elevations. We see people coming with plans, and I call them two-dimensional, where the person draws the plan and never goes to the property. They think the land is flat, and they don't realize the world is round. And you really can't park on half of the space they're saying you can park. So, the planning board deals with all the topography and the realistic issues regarding setbacks, and then once they say, yeah, you can safely park these many cars. Then it comes to us, and we will get the number of units versus the parking. LM - How many bedrooms JM - Twelve bedrooms in total, if we have to do the basement because it was an existing 4-unit building before. There was a fire, and it was abandoned for a couple of years. MM – Couple, ten or twenty JM – So, I'm trying to reconstruct it, bring it back to life. Whatever we have to do MM - I go for let's do it continuance and have them come back after they approve the site plan. LM - Do you think you can have this done by December 14? JM – Yes MM - We won't have anything in writing from planning. I think it's hard to have both in one night. So I think we should put them in January. JB - I think so too CT – Having adequate parking is one of the criteria they have to meet. JM - I got a question if I can't do the eight parking spots, and I can only do 6. What does that mean for the four units? 18 BG - Reduce the number MM – First, it's two separate things, so they're going to tell you how many parking spots you can have. Then you're going to come to us to talk about the whole picture regarding the neighborhood, the property, the land. LM - I know you want an answer right now, but we need to take all those back. JM – So, street parking wouldn't that accommodate it. LM – Speak to all that with the site plan review; they may have some accommodation or something. JM - Understood BG - I noticed upon my inspection of the site yesterday that the building is wide open, and appears to be people going in and out of it. Could you secure the building for safety purposes? JM - The contractor put boards in the basement, and they broke it, and they've been in there they go in and out. BG – It appears that people are living at the bottom JM – They threw everything out, and in a couple of months, they came back BG – If you can re-secure it I think it would be great JM – Absolutely MM – And the doorways, I went to one doorway there must have been 100 nip bottles. So it really would be good if you at least could do a general site clean-up. LM – And keep an eye on it JM – That's part of the reason why we were trying to get the permit, to get guys in there and clean everything. I don't know if we can do something because we don't want to do anything illegal. MM – That's the Building Department. MM - Motion on ZBA-2021-32 under §181.336 to Grant a Continuance until January 11, 2022, with mutual agreement and that they will go to the planning board for site plan review for the parking plan JB – Motion Second Vote 5–0 to Grant a Continuance to January 11, 2022 ZBA-2021-14 Kenneth Godfrey 220-222 ALBEE ST 7:30PM Review of the Special Permit under §181.856 to reinstate a abandoned/vacant building as a two-family dwelling located in the residential A District Map 121 Block 11 Lot 0 The presentation was given by Kenneth Godfrey, stating: The first I want to ask is for a continuance. One of my contractors is so busy, and he can't even get there until the first or second week of December. Two, I put the property in a contract to be sold this month. Expected to happen on November 16, but nothing ever happens on time. So, I will sell the property if this goes through. Then they'll have to come and get their own permit. LM – So, they know that they've got to go through the permitting? 19 KG – I explained everything to them completely upfront; they are aware. They're doing their due diligence right now. LM – Okay JG – So, I’d just like a continuance because anything could happen. I've had three or four deals fall through. Maybe we get a continuance until January because I don't think anything is going to happen until mid to late December with my contractor. MM – But it doesn't matter, right? Because you are selling it KG – Yes, if the sale goes through. So, I would like a continuance just in case. LM – A side question for you: What do they think they're buying? KG – They are buying a two-family; they would try to get their variance, as I did. They have to do the same process I did MM - We've granted a special permit for this property, with conditions. And one of the conditions was that a part of the building had to be demolished. So, is all that getting recorded with the registry of deeds. So that the new buyer knows what they're getting, or does this all fall through the cracks? CT – Coincidentally, I've just been looking up whether this special permit was recorded KG - It has not yet been recorded CT - I wouldn't be inclined to grant a continuance unless the recording is done. It's wonderful that this gentleman has found a buyer for his property, but the special permit should be on record. KG – I can record it tomorrow. CT – It is the only way that we can ensure that the buyer is on notice as to the conditions of the property. And that includes not only the buyer, but the buyer's financing is to make sure that the decision is on record. MM - Because then that makes everything clear for everybody KG – Sure, will take care tomorrow LM – When is the closing date, November 16? MM – Has the Board of Health been in touch with you about the asbestos? KG – No, I did get an estimate to have the asbestos removed from that section. Do you want it to be removed? MM – I am talking about the ones piled up on the rear, the back of the garage. KG - They did send me a letter, and I'm going to have a company that does removal to have them take care of that. It'll be taken care of by a licensed specialist. MM – Is that going to be done as part of the sale? KG - I didn't include it, but I can put it in there. I'm not going to remove the asbestos tiles from the building. The buyer, they're going to do it themselves. LM - Well, they don't have to do it in Fitchburg KG - He wants it torn down, so tear it down. We can't touch that asbestos. MM - I am just worried about the place that this special permit isn't being recorded. That's all 20 KG - I'll record it tomorrow, not a problem. CT - I'm suggesting that you produce a recorded copy to the building department. KG – Sure, it is almost the same building. It is the building department open now, and you walk in. CT - I'm going to email Attorney Graves this evening, and I'm going to ask that he confirm to me as well that this is being done. One of the conditions of sale is that the property is delivered in clean condition. KG – Right, they want a clean sweep; took everything out. There are some tables and chairs and stuff inside, and they want everything removed CT – So, we should also have appropriately dispose of any and all material; there's no hazardous waste still remaining on the property. CT – So, those would be the two conditions: Recorded special permit and produced a copy to the building inspector within 24 hours. KG- Sure CT - I will email Attorney Graves to inform and ask him to confirm that has happened. LM - We're going to give him the continuance. We should put him at the end of the meeting because if he passes these papers in November. We shouldn't be sitting here waiting for him to come. KG - I will inform you what happens; nothing ever happens on time in this world. CT – So, given that I would be inclined to grant the continuance to December's meeting LM – That way, we can get this off the books MM - Motion on ZBA-2021-14 under 181.856 to Approve to Continue the Review to December 14, 2021 with the following conditions: Special permit decision to be recorded with the registry of deeds and a recorded copy produced to the building commissioner in 24 hours Any and all waste of debris to be appropriately disposed and removed from the property including any hazardous waste, by the next hearing date, December 14, 2021 1. The overgrowth is to be taken care of immediately and on a monthly basis until the property is sold. 2. All exterior blemishes 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 meet 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 December 14, 2021 meeting. 7. Prior to any occupancy permit being issued all special permit conditions must be satisfied. 8. Special permit will expire if renovation work is not completed and an occupancy permit issued within 18 months from the date of this decision. 9. Special permit decision to be recorded with the Registry of Deeds and a recorded copy produced to the building commissioner in 24 hours 10. Any and all waste or debris to be appropriately disposed and removed from the property including any hazardous waste, by the next hearing date, December 14, 2021 21  BG – Motion Seconded Voted 5–0 to Approve the Continuance on the Review to December 14, 2021 ZBA-2021-18 Celio Decamargo 12 NASHUA ST 7:45PM 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 LM – Read to the records the petitioner written request stating: Hi Mercedes, please can you request more time from the ZBA for my project on 12 Nashua Street. I am still working with the building department and Planning, trying to get the permit. Please reschedule my appointment on ZBA for February 2022 if possible? Also, let me know if you have any other questions or need anything from me. MM - Motion on ZBA-2021-18 under 181.336 to Continue the petition to February 8, 2022, as the petitioner requested JB - Motion Seconded Vote 5–0 to Continue to February 8, 2022 4. MISCELLANEOUS Laura Rohrback - City Resident would like the opportunity to talk to the Board Members and ask a question. LM – We have a Fitchburg resident with a question Yes LM – What's 40 snow street? LR - That's across the street from the Krikorian, a 7-story apartment building LM – So, this is not what you own that you want to do something on? Is 40 Snow Street your property? LR – Yes MM – What's your request? LR – So, this got approved; when did all the meetings happen on zoom. LM - Regarding the apartments across of street? LR – Yes, and I contacted the Mayor's office; I wrote a letter to bring it to the meeting. I haven't heard anything about the project. MM – So, this is regarding a project. LM – That's through the Planning Board; it's not our Board LR – Someone tells me a different thing, so what do I do? MM – You would need to see Michael O'Hara in the Planning Department LR – I did, and I said I wanted an appeal notice LM - When was this case heard? LR – I don't know, a few months ago. But I didn't receive any appeal letters or anything. LM - I can't speak for the planning board. You have to talk to an attorney 22 LR - I'm not going to pay an attorney because I know I would lose out anyway LM – It’s usually a certain amount of time; like with our Board, we have a 20-day appeal period LR - I was told that, but the point is I didn't receive any appeal. LM - I don't know what their appeal period is. LR – So, what do I do about that, where I talk to? LM - Ask for copies of it LR - I didn't receive the appeal paper, period. LM - You don't get an appealing paper; you appeal. If it's a concern if you go to the meeting, you don't like what you hear. Then anyone has that opportunity. LR – I couldn't attend LM - This is the wrong Board, and I don't know LR - Do you know who I go to? LM - Well, the Planning Board would have made that decision, so in that would have been Mike O'Hara. Or City Clerk’s Office and ask them about this property and what they have on record for it. LM - It's not anything that we could do. I wish I could be more helpful. 5. ADJOURNMENT 23