Zoning Board of Appeals

ZONING Board of APPEALS 718 Main Street, Suite 201B Fitchburg, MA 01420 MEETING DATE: Tuesday, February 8, 2022 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), Joe Byrne (Clerk), Christine Tree, Greg Babineau & Gary Kirschke 3. REMOTE ATTENDANCE: Michael McLaughlin & Brian Gallagher 4. Hearings: Meeting Called to Order at 6:07 PM CASE No. APPLICANT PROPERTY TIME ZBA-2014-09 Raul Lopez 19 DWIGHT ST 6:00PM Recall on the Special Permit Conditions under §181.313C11&12 to operate an Automobile Repair Service & Towing Business located in the Central Business District at 11/33/0 The presentation was given by Raul Lopez and David Rodgers (friend) of 82 Highland St., Lunenburg MA, stating: I have been in the banking business for years, and Mr. Lopez was one of my clients; I wanted to come and support his situation here and answer any questions; I'm familiar with the case. LM - I guess what is going on is that there have been some complaints regarding different things at the property. It was a notice of a violation back in November. Are you aware of this letter? RL – Yes LM – Received the letter of the violation? RL – Yes LM - It states here that your special permit does not allow you to use the property for any businesses other than what is explicitly outlined in our reference case number. And they were looking to fine you. So, can you speak to what has been going on with the properties? RL – Yes, I stored vehicles from the auction, and the City fined me because I sell cars from the auction, as I told you guys. I have been doing it for many years. I fix those cars, make them drivable. They come from accidents, and we made the car run and drive, and a couple of times a month, two or three times, a container comes to take it to them away. LM – You crushed them on site RL – No, they drive into the container. I put on my tow truck, and they can drive them into the container. They install a small ramp and drive the car into the container. I believe the neighbor is complaining about the noise. They had called the City two times, and now I'm here. At my last visit, the board told me if I wanted to do it. I have to get a permit to transfer vehicles, I applied, and now I am waiting for a response to fix the situation. LM - What was the part? I didn't understand. Ship containers being loaded and various consumer goods, and being shipped to Africa RL – Yes, when they load the car, and on the empty space, they bring a Hu hall truck with some stuff, such bicycles, rice, Tv's to fill the container. At the time the Inspector came over, they had all that stuff loading into the container. I already had put five cars in JB - Is it all yours? RL – No, nothing is mime GB – So, who are they? RL – The people who purchase the cars on the auction, two different customers GB - I recall it. There are two issues here. One was using the container for the additional shipping, which is not part of the deal. The people at the auction are trying to maximize the space in the containers. RL - Exactly the owner of the cars GB - The other complaint was operating outside of normal hours; cars were getting dropped off when you weren't there. On weekends or maybe at night, they were towing the cars in and were creating noise. RL - It's not like that because we drop off a car within five minutes. I don't even put it in my yard at night because the house is very close to mine. I drop it off next to the garage, and on the next day, I move the car to the yard. Which is common in this type of business they call me through the night and daytime LM – Right, the only thing is that you have hours of operations that are supposed to be Monday through Friday eight to six, and Saturday 8 to 2 and closed on Sundays. Also, not to be operated as a nuisance. Clearly, if people are complaining, it's become a nuisance. People don't want to hear a towing truck even if they're only there for five minutes. They don't want to hear Bang Bang bang. And that's why we put limitations on the hours of operation. RL - Does it do the hours in the garage, but we have to do the towing if people call. Also, if you compare the train noise to the tow truck, it's nothing. We are almost on the train track. My building to the train truck is not even 20 feet. LM - We just allowed him to have a business here, but I am not sure, did it address the tolling part of things JB – Yes, I was down at this place of business, and I drove through. It looks very organized; if he does what he says, he does. Then he shouldn't have much conflict with the neighbor because if he takes his towing trucks and tows to the opposite side of the building, there's nothing there but the start of the banking to the railroad tracks. There are no houses around there or anything. Now I can understand if he was allowing them to park in his caged area, there are some houses on that side of the building, but he says he doesn't use that side of the building. LM – Well, I was there today, and a couple of the towing trucks were on that side DR - The issue I think needs to be separated, specifically, I mean. The towing business is a business, and he has approval for that, and as you can well understand, I'm sure that when somebody calls, you have to go and tow, and puts it as close as they can to the building and then 2 takes care of it, after that. Suppose it should be past the hours of the stipulated for the operation. The other issue is this container situation; he has no control over what the people come in and fill up the areas in the container because his aspect is part of the automobile, the cars. He's got nothing to do with the other thing, and as a matter of fact, they used to come on Sundays, and he stopped them from doing that. So, they come on the days that will stipulate, so I think it's a classic case where some people feel aggrieved because there's noise. Well, he operates a business, and of course, there's going to be noise, but he tries to minimize that. The example he gives about the train goes by, and I don't know how many times, but quite a few. LM - Let me ask you if they are coming to his site to load the container with other things and do it there. DR - It's an occasional thing LM - But is it happening there DR - Yes LM - Because that is in his control, apparently making a nuisance, I don't know what happens, but that is a nuisance. So, if this is dismantling, packing, and stacking, it's making a lot of noise, and it's at different hours of the day. When is this happening? RL - Saturday morning, took a maximum of four hours. We start around nine o'clock, and it's done by noon or one o'clock. LM – So, this is happening at your property, it is part of his business, and he is allowing it to happen on the property. DR - How is that incomprehension to any of the operations LM – Because it's not what we agreed to when he opened his business RL - I understood; I have no problem with that. It's when I got those cars ready, and they came to grab the car. I want to tell the guys not to bring them, and they got to throw them to a different place to be loaded. LM – It's going to look the neighborhood better and happier than that's what you're going to need to do JB - I'd like you to clear up this situation we have here; you go to the auction, you pick up a car. You bring the car back fix the car so that it can run. Then another towing service comes to pick up the cars. They have seven or eight cars on the container they're using to take the cars. They don't fill the cars, take on a conex container with cars, they load the Conex container and put it on the truck to go with the cars. RL – Yes JB – So, you don't own the conex container, and you don't own the trailer that's taking the cars. They use your particular lot to load their possessions onto a trailer, and then they leave. RL – Yes LM - That even not your towing business for that matter at that point RL - It's not my business, and it is because somebody has to take the car. LM - If they come and take the car from you, which would be all that we agreed to when you open your business, but now using your site as a loading station for other things. RL – No, it's just to pick up the car 3 DR – On the document I have here. States the petitioner show promptly filed a copy of the transfer deed, no dismantling, inoperable junk parts vehicles, no auto body repairs, no vehicles for sale on the property, no outside storage or auto parts, tires, or plastic or vinyl banners professional signage only. Hours of operation are 8:00 AM to 6:00 PM Monday through Friday, and Saturday 8:00 AM to 2:00 PM, parking for 47 vehicles. LM - We've gone through these, and we understand what it is DR – So, that's good because I'd like you to tell me if you would please how there's a reference to being in the wrong when you load a container so that they can take it out. It's similar to the frame of reference another towing company comes in, and it loads up a vehicle that Raul towed and takes it because the insurance company has engaged them to do the thing. That's not in contravention to the towing aspects that he's doing. I mean, it's, you know it’s all part of the business. LM - I can understand him loading the vehicle in the container or whatever, but at the point where other people come on-site and load a container on the property, that's not what we agreed to. Now what happens is when we have these meetings, is or it says you sorry man not to be operated as a nuisance. We don't know everything from the beginning, when we start and when we decide where we're going to go with a business, and we're going help them along, and we do all the things that we possibly can to get them started because we want them to have their business. However, when we say not to be operated a nuisance or put certain clauses in there. It gives people the opportunity to let us know how business is going because we can't obviously micromanage every business in City Fitchburg. So, it's not to be operated as a nuisance, now we have him back in, or we call him in for a review. And that's when we look at these things and say what's working and what's not working. Do we add another condition? Do we take away a condition? And right now, it's looking like we need to add another condition. DR – And that will be? LM – Well, not to have people come to the property loading other things, other than his vehicle DR – So, what you're saying is, if Raul goes and tows a car to his site, and in two days, the insurance company says. Well, we would like this vehicle to be towed someplace else to be taken care of, and an outside towing company comes in and tows it to another location. Are you saying that's contravention to what you think is the rule? JB – No, but the extenuating circumstances of having a container being loaded for shipment to Africa is not within the bounds of shipping a car or his cars from that particular area. It seems that's the problem they're having, or what the Inspector found. I don't have any problems with the cars being loaded into picked-up LM – We want an organized business; we're happy that it's all within the scope of the business DR – So, as a stopgap situation, go to these people who come in with the container and tell them that the only thing going in that container is the cars you have, and nothing else will go in. Because this is not a transversal station, can you do that? RL – Yes JB - I think we also have to twit the hours of operation, seeing that he says that they come at all hours. You said they call all the time, so we have to stipulate that the cars are parked on the far side of the building. So that they don't interfere with the residents on the left side GB - Your son stated that sometimes you show up, and they've dropped off cars. RL – Yes 4 JB - But you have to have a specific spot for drop off; they can't pull out your backyard drop it RL - The gate is close JB – The gate may be closed, but they're still going to drop off a car. So, you have to make sure that they drop it off on the far side of the building. DR – So, you could put up signs, drop off only. This area would be centralized the location, so they won't do it help with the scalp, and then the next day when you come in, you determine what to do. RL – Yes, they have plenty of room to do it, next to the garage, next to the Plaza JB - Right in there, and that way, nobody will have any noise get knocked around. You know where the problem is coming from; you have to satisfy the client on that side of the building. If you move everything to the other side, you have a drop-off area, and you'll not get into any trouble, and you let and then notify those carriers that they're not allowed to load their cars boxes on your property. CT - I was at the property on Sunday, so obviously, the tow trucks were coming and going. I saw that going; you have junk vehicles on the property; I hope they've been removed by now. There were at least four junk vehicles; you are performing auto body repairs on the property if you want to do that. It's for some reason, and I don't know because I wasn't here when this was granted, it's not within the special permit, but that was going on the property. And whether or not the paint goes on the outside of the car; it does not determine whether it's auto bodywork or not. If you took a metal panel and welded it on the outside of the vehicle, you're performing auto bodywork. There are other issues here where you're exceeding the bounds of the special permit. Hopefully, you'll take care of them. But I think this will need to come back for some review. RL - I got some, but they are not mine. When people move out and leave these cars in the house property yard, I got a police report to pick up cars from properties. LM - Can you say no? JB – That's part of the doing business, but the police called him up. He can't tell the caps "no" because he's on the list. RL – Yes LM – So, what happens with the vehicle now? RL - I have to keep it for three months or so. And they don't show up. So I take it for parts. CT – Sure, it's like you had a vehicle there, and I spoke to who I think it was your son. While I was there that you were using for parts to repair another car, it was sitting outside it had no door on it. RL – That's my son car CT It says no inoperable junk or parts vehicles; if you want to tell me that you have to keep them there, that's fine, but I'm not going to sit here and have an argument with you about whether or not it's a parts vehicle. LM - Obviously, a few things are going on here that we need to get cleaned up LM – Is anyone present or virtual seeking any information on this case? None LM – Is anyone present or virtual in favor of this petition? None LM – Is anyone present or virtual in opposition? None 5 Commissioner Barbadoro - I wanted to mention that the petitioners applied for a Form of Intent to do this shipping activity, which would be shipping various things to other countries and shipping containers. So, when I did the review, I noticed that the zoning had changed in that district. Now it is a C district. I can't remember what it was before. A couple of things, one outdoor storage requires a special permit from the board of appeals, and wholesale warehousing requires a special permit from the planning board. So, I told them to go and apply for a special permit with the zoning board of appeals to conduct the activity they were conducting. And I also wanted to point out that I don't have all of the violation letters handy, but there were a few violations of letters sent to the owner. Because they were also operating outside of the hours of the special permit BG - I apologize because I wasn't present when these conditions were all set. So, I'm a little bit confused about the 24/7 towing because that seems to go beyond the scope of what was agreed upon. I'm wondering at some point that was allowed, the petitioner did take the time to speak with me yesterday, and I appreciate that. He showed me the area where he had been planning to put the 20 by 40 containers, and it certainly looked like the area was neat and orderly. I agree with Joe Byrnes on that. It's close to the railroad tracks and close to the trains make a lot of noise going by, so it looked like it would be a decent setup for the area that had planned to put the containers. But my primary question was the 24 hours seven towing; I questioned the RMV registered vehicles I saw on the property. The petitioner explained that they need to do police codes, and sometimes the vehicles are not registered that they pick up. DR - I ask a question about the procedure or the policy with the City of Fitchburg relative to a licensed to tow, are those to have that license, are they stipulated for a certain number of hours? I wonder if the police call at 2:00 in the morning and say come to whatever. He has to do that because that's part of the business. LM - We're not sure, and I think we're going have to put this case on for another night because there's a lot to peel back here, and we're already 35 minutes into this. We have several other cases, but I'm not even positive that we've approved him for towing. It's not in concert with what we've approved with his hours of operation, so I think we're going need to do it. You need to look at your business model, what you're going to be doing, and what you need for hours of operation. I think Mr. Commissioner Barbadoro has already instructed you that you maybe need to go for a special permit if you want to continue doing certain things. So, maybe you need to revisit that conversation with them, and I think you need to come back to us and then what we'd like to do with your permit. Because I think there are a few moving parts right now, don't pun intended? We all think that you've been doing a nice business, is organized. I think we don't know the full scope of your business. And there were certain things that we didn't agree to in the beginning because we know certain areas are not conducive for that type of business. You can talk to commissioner Barbadoro about that when you say well-towing business. What are the conditions and whatnot? They came to us because they couldn't meet the criteria, and they looked for relief coming to us. DR - So, we will take time and review what you can do with a towing license, and we look at the site in terms of where tows can be put on a temporary basis outside of the area. See if we can get this thing squared away because he intends to be a good corporate citizen and do what he has to do. I ask if you look at the site; it's a rear road cut. LM - We've been with him since the beginning before he could even put this business there, and we understand what he's up against, and we know the site very well. We want him to be successful but within the parameters, we've given him. 6 LM - Would the Board like to do an extension and come back in another month? CT - I think two months would be appropriate because we're asking for information on licensing what the police procedures are regarding the removal of vehicles. He will need to speak to the person he deals with for the containers about modifying their needs. LM - And we have to look and see if we gave him a permit CT - As I read this, assuming this is the last one from November 2018. It's very confusing to me because we have automobile repair service and towing at the top, but then we prohibit auto body repairs in the middle LM - That's why we need to go back and look at what the actual application was MM – Auto body and auto repair are two different things. Auto body specific to pain and repair is mechanical. LM - What about the towing aspect? CT – So, maybe this is a revision with the current ordinance, but those two things are not separated. MM - A comment was made tonight about it's along a railroad track. Well, exactly it is, it's a commuter rail, and we have a lot of people from other communities riding the rail system coming through the City of Fitchburg. So basically, what they get to see when they come through this particular property to see multiple junk vehicles all being stored in another slight manner. Since this case in, I've been on this board since its inception back in 2014 and 2015. And for six or seven years, we've been dealing with the constant issues on the property. As a board member, my expectation is that things are going to change. This project is going to get cleaned up and real end. CT - Motion on ZBA-2014-09 under §181.313C11&12 to Continue to April 12th, 2022 at 6:00 PM JB – Motion Seconded Vote (2-roll call vote) 5–0 to Continue to April 12th, 2022, at 6:00 PM ZBA-2020-21 Matthew Thibeault 0 PEARL HILL PK 6:15PM Variance under §181.961 for a dimensional frontage require on a new single-family dwelling construction located in the Rural Residential District Map 70R Block 40 Map 1A Lauren McNamara – Recused herself in this hearing. The virtual presentation was given by Matthew Thibeault, stating: CT - I understand we are here tonight to request an extension of the variance granted on November 10th, 2020. The variance was a dimensional variance for the frontage on a new single-family dwelling at 0 Pearl hill Rd, also known as 0 Etonian Park. I apologize that we had connectivity issues the last time you were before us; I believe that was in December. At that point in time, you were looking for a six-month extension. Unfortunately, we couldn't quite hear you, so we granted you a two-month extension so that you could come before us at this meeting and tell us why you need an extension on the variance. 7 MT - A year ago, I was looking at this property, and I needed to get the variance granted in order to close on the property, which it was granted, so I bought the property. Then the price of everything over the last year or so. I wasn't able to get it off the ground yet; I did get a lot, mostly clear. So, looking for an extension to start building by this spring would be ideal. CT – Mr. Thibeault, at this point in time, because we are limited by law to a total of six months' extensions, we will only be able at most to grant a four-month extension. What is your expectation of what you will be able to do within that time frame? MT – So, the construction starts within those four months, but it doesn't complete per say eight months. It is that's okay, is my question CT - I'm going to say that this is the building commissioner's question to answer, but I believe that a substantial start to construction is necessary. Commissioner Barbadoro - I don't know if it works the same way as a special permit does, I'm reading it right now, and I can't give you an answer. I have to look in the Bobrowski book and see what it says about variances. So, Mr. Thibeault, send me an email tomorrow. I'll answer the question, but I don't know right now. It says the right to exercise right, so I have to find out what that means. Right now, you would have a few more months left if the extension is granted. If they said no, you could reapply for the same matter a second time MT – So, with that said, I would prefer to go for the extension, and then should I not you exercise within those the time frame. I would know that I need to come back and reapply. CT - Is there anyone in the audience or virtual seeking information on this request? None CT - Is there anyone in the audience or virtual seeking to speak against this request? None CT - Is there anyone in the audience or virtual seeking to speak for this request? None BG – Mr. Thibaut, you're looking at another four months. Is that the time frame that we're talking about? MT – Yes, that's the board max can extend, from what I understand BG - Do you expect to be able to start construction within that time frame? MT - I think it'll be pretty close, and the goal is to, yes. MM - Is the property been curbed? MT – Yes, the septic design was done 6-7 months ago. I submitted it to the Zoning Secretary. I don't know if anybody had the chance to look at it. MM - Is there water on the property? MT – currently, not well drilled. MM - I would like to point out seeing the landscape change. Well, recently up in the Fisher road area, it looks like the whole side of the hill is clear cut for a solar farm. So maybe as the board considers the condition that the property is not to be used for any solar farm, it's a protection in the event that the home isn't built on the property. GB – Atty. Tree, can you clarify for me the current end date, and then what would be the end date of the performance extension? CT - To clarify for everyone, this decision was entered with the city clerk on January 7th of, 2021. So, six months from January 7th would be one of the new six months. I would say that we may grant an extension through June 7th of, 2022. 8 CT - The decision on whether or not the variance requested has been put into good use, put into substantial use. It is going to be with the commissioner, and it won't need to come back before us, so long as he finds that the variance is being used, and it doesn't need to be an extension, and it doesn't have an expiration. So, that can certainly make that determination without our intervention. What's before us right now is whether to extend for the remainder of the six-month available period or not. Mr. McLaughlin has requested that we consider adding a condition that no solar farm be built on the property. Mr. Thibeault, do you have any objection to that? MT - I guess my only question would be if I want to have a personal solar panel for the house, would that be okay? I would not look to solar farms anyway, but if I want to single one or two for the house, I don't want not to be able to do that. MM - Mr. Commissioner, we have a large-scale solar array definition in our zoning ordinance now, right? Mr. Commissioner – Yes, we do. I'm not familiar with it, but yes. CT – So, we have a large scale that would occupy more than 17150 square feet of surface area, and we have a ground-mounted one, which could be of any size. It's simply on the ground, not on the roof. If we are to formulate a condition, I would propose that we prohibit any large-scale solar energy system from being installed or any system designed to service more than two dwellings because I know that sometimes systems can be installed that are shared with one another. Mr. McLaughlin, since this was your thought, any comments on that proposal for a condition. MM – No GK - Which direction is the house face? North, South East West MT – I believe it is northeast JB – Motion on ZBA-2020-21 under §181.961 to Extend the Variance for the maximum allowed by the law, which would be June 7th, 2022, with the additional condition: 1. A large scale solar system installation will be prohibited or any system designed to service more than two dwellings on the property Vote (2-roll call vote) 5–0 to Extent the Variance to June 7th, 2022 ZBA-2022-04 James Hier 19 ASHBY WEST RD 6:30PM Dimensional Variance under §181.93 of the City Code to re-build a car-garage into a two car- garage and erect a 1,100 SQF in-law apartment in the rear side of the garage pursuant to §181.32 located in the Rural Residential District Map 78R Block 49 Lot 0 The presentation was given by James and Linda Hier, stating: The top is wrong; we want to add another two-car garage and build a house. Original that's how we filled out the paperwork. LM – So, you are saying that your petition is inaccurate? JH – Well, the way it was written up LM - By you or by us 9 LH - By you guys, my original was, we have a two-car garage right now. We want to build another two-car garage, kind of set back a little bit attached to the house, and then the addition would be on the back of that garage. LM -You really can't see the house from the road anyway LH – That's a really good thing LM – Is anyone in the audience or virtual seeking any information regarding this case? Michael Donnelly, of 883 Mt Elam Rd., Fitchburg, stating: My interest is not to influence your decision on the applicant's request, whatever your inclination is to vote on the request. As is not my concern, I am asking the board to consider every in-law request appropriate parking considerations. Interestingly enough, they're going to build a garage for parking for an in-law. Contrary to my concern, my concern is further development for in-laws. It is predicated on providing additional parking and again doesn't even have to do with this. It has to do with in- laws in general. I can say two examples: One on Mt Elam Road and one on Rollstone Road. We have two in-law apartments, and the lot was developed to accommodate an approved in-law apartment. One of the lots has a paved driveway accommodating four cars and an additional paved driveway accommodating three to four more cars on the other side of the lot. Another instance was a lot that was great cleared graded footage. It'll accommodate about eight vehicles. These are growing residential and curb appeal, so I would hope that the board would consider how the full build-out of the in-law goes when you approve in-law apartments. Because this RA, and this Rural Residential and these two particular instances that I know of that I see often is really out of character, for the zoning. I don't know what can be done, but I want to bring it up. And it is my job to find other communities and how they address parking in-law lot development to accommodate in-law. So I would hope that the board considers that when you grant or deny those petitions. LM – Is anyone in the audience or virtual in opposition? LM – Is anyone in the audience or virtual in support? Commissioner Barbadoro – Michael Saletnik, do you have any comment or concern in regards to this case? No, we're abutters, and we've only lived here a year, and we don't even know our neighbors yet, but we got the postcard in the mail and just wanted to follow along with what was going on. LM - Great, if you have any questions at any time, you can raise your hand on the button, and we'll try to get you in for a question. JB - How did you come about this idea? JH - My daughter, her husband, and their son live with us. The house is big; I've had four back surgeries and maybe another one in the future. So, we wanted everything on one floor; we figured out the best way. I want to retire someday; my wife would too. Financially if we could live there that way as we get older. My daughter will be able to take care of us. JB - When did you come up with this idea of an apartment above the garage? LH – No, behind the garage, no stairs all one floor JB - Did you look at the zoning bylaws at all to find out what type of apartment it is supposed to be. How it's supposed to be constructed, how it's supposed to be able to be turned back into a single-family home. Whenever you're not at the property anymore, that was all considered. LH - We looked into it; we didn't go deeply into it. Mainly what we want is a decent bedroom. 10 JB - I'm sure you do. I'm wondering because it violates so much of what we consider an in-law apartment. I wondered how you came about to look for a variance or a special permit because there's so much wrong with it. The plan that goes directly against our Bible LH – I don't know what it goes against it GK - The problem is, I even knew a violation. I think you're going to have to put a limit on the number of cars. LH – It's only four GK – Secondly, if you permit a second living unit on the property when they sell the property, they're going to rent that, which becomes a problem for the zoning. For all the neighbors because the value houses is going to drop LH - My daughter that's going own the big house, not her intention, but if we're gone, I guess I don't have any control. GK - Then the problem is, what you're gone, there needs to be a stipulation that the unit gets torn down BG - I went out to the site yesterday and met with the petitioner, and he was kind enough to show me the location of where the new garage is going to be. And the footprint of where the in- law was going to be, in certainly six acres of land in the very attractive piece of property, with a very nice setback, couldn't help, but I am in favor. MM – As you all know, I have been on the board since the inception of the accessory apartment. I think it's a great way for us to help our kids or for our kids to help us. We do have in place some pretty strict conditions so that we're not going to see what we consider a two-family residence in the future. Specific in the condition is that any addition to the existing structure to create an accessory apartment cannot be more than 15%. Injuries and the Commissioner did make these comments in the denial letter to the applicant. So, technically the applicant only has the ability underneath the bylaws to add 269 square feet of living space for the existing home; the accessory apartment intended to use a portion of the already existing structure as part of the accessory apartment. Typically, when homeownership, the size of the home is greater than what the owners need. They can create a small accessory unit for either themselves or their family. So, within the last year or two, we recently had a similar situation up in that area. A couple wanted to do the same thing, adding about 11 to 1200 square feet to an existing home. Well, essentially, what we're doing is, we're adding another complete unit to a home. So, I'm a little concerned about the extent of this request, and I'm looking at the plan if I understand it correctly. They want to piggyback a second garage into the one garage and then build an 1100 square foot accessory apartment on the other side of the garage. So, it'll be the main home, two-car garage, and then accessory building. LH - It wouldn't be on the side of the garage; it would be in the back LM - But you are building another structure, regardless LH – Yes LM - I think that's the whole point. MM - The intent is that the accessory apartment doesn't add any visual appearance that there's a secondary unit to the structure. 11 LH - I mean, you won't see it from the road. You would have to be in the neighbor's backyard in order to see it. LM - But that's not the intent GB - Let me clarify the garage issue here. A little note on this plan says the existing garage is to be removed. LH – That's shed GB – So, you will have a two two-car garage when all is done. One will service the main house; one will service the addition. LH – Yes CT - I want to clarify with the Commissioner, there are two needs for a variance here, right? We have an expansion of the footprint greater than 15%, and then we also have an accessory apartment that is 1100 square feet instead of 800 square feet. Correct? Commissioner Barbadoro - Correct CT - And there's no other provision of the zoning ordinance, it's known that we need that they're requesting a variance about it Commissioner Barbadoro - I don't think so CT - I went up to the property on Sunday, and you have a beautiful home. You have six acres, I believe, in property, right? LH – Yes CT - It's a big lot, and I would generally agree with the comments that the addition of this structure probably would not have any effect on the surrounding neighborhood. You had adequate parking, but that's a special permit analysis. And if the zoning ordinance allowed us to look at this as a special permit, we could look at it like that. However, we are facing a Variance, which is very rare. Now, I'm going to ask you to answer the questions that we would have to answer in order to grant a variance. LH – Okay CT - We would have to find that owing to a special circumstance relating to the soil, shape of the lot, the topography of the land, or the structure already on it. That too literally enforcing the rules would create a substantial hardship for you, now remembering the two things you're asking permission to break the rules on. The apartment is more than 15% of an increase in footprint, and it would be 1100 feet rather than 800 square feet. So, tell me about the condition that would cause this substantial hardship. LH – Well, as I said. Eventually, I'm going to have more surgery on my back and neck. We won't accommodate the house if I ever had to go in a wheelchair or need help in the bathroom. Because the bathroom is too small, I need help in the bedroom or kitchen and somebody to help me. My husband can help me, and my daughter has been helping me, so having them that close it's going to enable us to be able to stay at home. We need anything. We can't go out; they are right there. They can get it for us and pretty much take care of us. We don't want to leave the land, we love where we live, but if we don't have the help, then we can't keep up with the house by ourselves. CT - Can you specifically relate that to the shape of your lot, the soil, the topography, or the structure that you have on the lot already 12 LH - Well, having the new structure ground in the backyard, the garages are to help us in the winter. So, we can drive in and pull in and go; the way it's set up is the front of where we would be. It would be the yard so that there's the easy access that they can come over and help us. It's all woods and trees, so I think we're far enough away from everybody where it wouldn't affect anything. LM – Reads response from Community Development commented on this case, so the 2021 zoning changes provide for the development of accessory dwelling units. Example in-law apartments by right in rural residents in our neighborhoods, this change will help alleviate the housing crisis rather locally by building housing in a way that does not adversely affect the neighborhood's character. Provided the dimensional Variance does not adversely impact the neighborhood and abutters, this project seems in the line of goals of the zoning change. LM – Another response from the Board of Health said will need to revise the septic system. LM - I looked at this; as you know, I didn't get out to the actual property, but I did look at it in every possible way that I can through real estate. My thoughts were that it looks like you've had enough land there, and maybe you could separate the lots and put another house on a lot. I don't know if you have the frontage. JH - We do; we don't want to split the land because it will ruin it LM - But if it's your own family, that's going to live there; I'm throwing out LH – No, believe me. We thought of it because, in the beginning, we were going to have my daughter and her husband built on. So then we thought of the garage in the house and being close then. LM - I'm so sympathetic to understanding your situation LH - We want to stay there, but we can't function in whatever years in the main house LM - I think this accessory apartment's purpose and intent are what we love to see, but this is building a whole new structure, and it's not inconsistent with what we would do. As Michael McLaughlin said, if you had the existing property, you would take 260 feet of that and then designate it towards the accessory apartment. That's not the case. LH – It wouldn't be big enough LM – And we understand LH - And you were saying that we could do something within 800 square feet LM – No LH - I didn't understand when you had said that. CT – Oh, because you were citing two things that you needed relief from, where that it had couldn't be more than 15% more, and that it can't be more than 8800 square feet LM - I think that you've got a natural potential situation where you could put your family right next door to you and in a separate lot, and it could be almost as close. And it wouldn't potentially, down the road, become a two-family home. LH - We were hoping not to have to do separate septic and separate well and all that. It's just a cost in general; we're trying to keep the cost down. LM – Well, I think that's still more affordable than what we have for healthcare these days 13 GK - You're going to have to approve the septic review for additional people; additional bathrooms require the septic to be approved. LH – Yes, we're prepared GK – So, you're saying that you were hoping to save some money, but you may not LH - We were prepared that we would have to enlarge it probably GK – So, you will probably need a new one anyway. CT - I'm going to say that I'm very sympathetic to the reasons for this, and I sat and thought for a long time to try to come up with a reason that it would fit under the variance criteria. Because the variance criteria of so specific that they need to be related to the soil poverty or the existing structure. My inclination is that we're not able to grant it, even though otherwise it's completely within the ordinance's intent, but the essence of there being a separate apartment. Is that you have another kitchen, and I think there's probably room if you're willing to change the plan to think about an expansion of your home with more living space that's on the ground floor for you as long as it remains a single-family dwelling. The building commissioner is the arbiter on this, but I think the addition of the second kitchen is what at the least creates the problem. So, there might be something where you're still having some cost savings because you do not have to divide the lot. But expand the living area in the dwelling so that there is living space for you and your family to stay there. So, I'd examine that possibility as well, and because I definitely would want to see you stay in your home. It's a beautiful property, and I very much understand, you don't want to leave, and it's good to live with family. JB – As everybody says, I feel very sympathetic for the cause. However, the book will not allow me to go and vote yes on this. GB – Typically, because with concern that it becomes a two-family, and we're concerned about the density of Fitchburg. In this case, I don't see if there was a way to approve it. I would with the amount of land here, and given the circumstances. Because I don't think what you're asking for applies to any of the things I said. You got plenty of lands here. I don't think it causes any problems with the abutters, and I understand your intent. However, if our hands are tied, they are tied, but if there is any way we could do it. I would certainly be in favor of approving it. BG – Basically, it's all being brought forth on the board members comments that I would have, so no further comments MM – As you said, this has been a great addition to the zoning bylaws, consistently accessory apartments. This particular request has multiple conditions there outside the scope of the bylaw; I would like to say that it is most certainly reconsidering an application with the closest fit to the conditions for an accessory apartment. And reiterated to the applicant that the accessory apartment utilizes 15% of the existing dwelling, 800 square feet, they had the ability to build the unit as a matter of right. CT - Have no further questions or comments. CT - Motion in the affirmative on ZBA-2022-04 under §181.93 to Grant the dimensional Variance to build an in-law apartment of 1100 square feet with the expansion of the footprint of more than 15% JB – Motion Seconded 14 Vote (2-roll call vote) 0–5 to Grant the dimensional Variance. Therefore, the petition unanimously DENY ZBA-2021-18 Celio Decamargo 12 NASHUA ST 6:50PM 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 petitioner was not present at the hearing. No person spoke on, for, or against the Petition. 7:43 1st PM call 7:48 PM 2nd call last call 7:51 PM LM – Mr. Commissioner were you working with him on a parking plan, or talking to him about any questions that he had Commissioner Barbadoro – Yes, we told him to go to planning board to get their parking plan approve LM - We didn't see a parking plan, we asked him for a parking plan Commissioner Barbadoro - He supplied a parking plan to the planning board, for site plan review LM - Is this a new way of doing it now? Commissioner Barbadoro – If someone wants to create parking on their property, they are doing it into a three-family or more. They have to get a site plan review approved by the planning board. The new part of that is the three-family prior to that it was multi-family MM - Can you speak to the abandonment because it looks like we spent a lot of time on a lot of cases now that things are going to change? LM - We've asked them for parking plans, and now you're sending them to site plan review. It appears that they're going to be allowed, because they provide a site plan review for something that they haven't been approved for a variance yet. Commissioner Barbadoro - Couple of things the board should consider. First, with respect to this particular project, I have to go back and talk to the applicant and see what is in their mind. I can't speak to what's in their mind. Second, I know that the ZBA probably doesn't want to hear this, but the ordinance has always been allowed since I got here. An applicant chooses to get a special permit and thereby avoid doing a substantial alteration to the building's interior and exterior. They are allowed to proceed by right if they do a major alteration to their building, and they are in a zone that is a residential district, or the neighborhood business district, or the downtown business district. So, it's the applicants' choice how they proceed, so with this particular one. I'm not sure if the applicant thought he was done because he went to the planning board to improve his parking. I have to go and find out. LM - Why was he sent to us then, if he was doing something by right? Commissioner Barbadoro - Let me get something really clear here, I don't send anyone anywhere. I even gave him a permit, or I denied them. That's what my job is. Now, the Mayor would like me to make this user-friendly, so tell people what some of their alternatives are. But, again, I don't send anybody anywhere; I tell them here's what your options are if someone chooses to come to apply to the ZBA. I oftentimes tell them you can apply to the ZBA if you want, but if you don't have an approved parking plan. Because you want to create parking, 15 they're liable to turn down right on the spot. So you may prefer to get your parking approved first. JB - In other words, what you're telling us, is that Mike O'Hare can avoid us by going over and telling us that this guy has an approved parking plan. When they never even walked the backyard of this place, it meets none of the requirements whatsoever for parking. They're putting this stuff right on top of a huge gigantic granite boulder that allows no parking whatsoever, and that's why we told the guy you can't park there. There's not enough room, and Michael O'Hara, who never even looks at the property, says fine, you could do it. That makes our job look like we're ridiculous. LM - So, it's probably safe to say that this petitioner is not coming here this evening to follow through with this case because he's already been given a permit. Does that seem right? Commissioner Barbadoro – As I said, I have to go back and find out what happened with this particular case. LM - We got a permit to build right here Commissioner Barbadoro - I understand that, but I don't know if that was issued in error or if it was an issue because he's decided to do a major alteration of the interior and exterior of the building. So, I have to go back and talk to the building inspector, who issued it. LM - It says remodeling the kitchen, bathroom, and all three unit plans. It doesn't say anything about the exterior at all. You have to understand this is frustrating; the reason that these came to us, in the beginning, was they wanted us to get a hold of these buildings and clean the city of Fitchburg up. So we've been doing our diamonds and trying to do it in a nice way; however, what's happening now. He got a kitchen remodeling, got parking for a three-family, that's been given by site plan review apparently, and the exterior of the building? It is still going to look dilapidated, and it's frustrating. Commissioner Barbadoro - I understand your frustration. I, too, feel frustrated with this particular case. I don't know the situation, but I will talk to the inspector who issued the permit. JB - You should go see the property the place, is falling down it needs to be torn down, not rebuilt. LM - If you can look into these and let us know, what is going on? Commissioner Barbadoro - I think you guys need to understand something if this applicant is doing more than an interior operation for this place. If he's doing a substantial alteration, he does not need a special permit. And if that is not what this board wants. This board should propose a zoning change. I won't be able to find that out until I do a little investigating, but if there is a major renovation that is being done, then he could proceed by right. I want to be very clear. LM - We understand that, and we are not trying to shoot the messenger. We want to have a better understanding of what our purpose is here. That's all Commissioner Barbadoro - Your purpose is to issue a special permit, if you think it is necessary. Or if you don't think it warrants, it to deny. But the bottom line is trying to get the buildings reactivated even if you guys don't like it. It's still trying to get these buildings reactivated because all it says is bust them up, provide the parking, and then reactivate them. So, if that's not what this board wants, your problem is with the by-law. 16 BG - In my note on the meeting from the October meeting, it's said continued till November 9th, so that he can meet with building inspector 50% improvement may not need to appear before us. If he's doing more than a 50% improvement LM – Should we move forward? CT - Clearly, we are not going to come on anything on this today. So, he's not before us, so he doesn't feel he needs to be before us. So, I would move to give leave to withdraw so that there's no decision one way or the other on this. If he does in fact need to come back, I wouldn't want to barge him without him being here because he was here at the last meeting. MM – Motion on ZBA-2021-18 under §181.336 to Leave to Withdrawal without prejudice due to the needless for the Special Permit requirement pursuant to the City by-law Vote (1-roll call vote) 5–0 to Leave to Withdrawal without prejudice ZBA-2021-36 Jose Collazo 12 LUNENBURG ST 7:05PM Continuance: Special Permit under §181.94 of the Fitchburg Zoning Code to operate an Auto Detailing and Car Wash pursuant to §181.313D13 located in the Downtown Business District Map 56 Block 11 Lot 0 The presentation was given by Jose Collazo (Petitioner), Eileen Feliciano (Interpreter) & Lonzo Onuzulike (Property Owner), stating: LM - Last time you were here, we were looking for further information. Concerns on the water drainage, business plan, a parking plan, and plumbing in the floor drains in the days to the street. Have you done a further investigation on these items? JC - The parking, the landlord said that an engineer is working on it, and it will take about three months to be complete. On the drainage, we can do nothing about it. They put something through it to see where the water goes. LM - Who are they? JC - Petitioner, put something there in the drainage, so the water went through there. LM – It drains JC – Exactly, it didn't go out or nothing LM - Did you have a professional provide you with that, or do you do it yourself? JC – I and the owner. LM – Oh, the owner is here. Could you please provide us with some information on that? LO - Last time, we provided an old parking plan, but the board wanted an update. This means the same property, same size, nothing has changed. I contacted the engineer who did the previous parking, but they're behind, so they are behind. LM – But we didn't see a plan? LO - There's a plan that we have in the system LM – But this plan doesn't show the parking for your space. It is for the whole property with the other buildings too. LO – Yes, it is for the other building too. 17 LM – That's the issue LO – There are two buildings; they both belong to the same property. They are two buildings on one lot. LM - What's in the other building? OL – There is a barbershop LM - How much parking do they need to provide? LO – I'm not sure exactly at the top of my head, but they have parking. LM - We need to show a parking plan for his customer parking employee parking that would be designated for his business. Where does he put the vehicles when it done LO – Actually, there is parking father on the back where the fence is. It's additional parking for the garage and the cars. LM - We asked for an updated plan because it doesn't consider all of the businesses and where the designated spots are going to be in front of his business or near his business. If they're going to be designated spots for the other business, you have to make sure that they have enough parking spots for their business. How many barbers do they have, how many people come in, how many employees are there? So then you are going make sure you have enough for this other business. GB - You're running two businesses in a very small space, very dent and busy corner with cars coming in and out. So we won't get a little bit more information. LM - I think what we should do. It's going to take a couple of months to get the parking plan; we're not going to move ahead anyway. So, we should probably wait till we get the plan and then take everything at once MM – As I mentioned in the past meeting, this goes back several years, but previous applicants have been before us for this property. If I remember correctly, DPW mentioned that the drain between the buildings in the road is not functioning properly. If we are going to issue a permit to a business that's going to utilize water for vehicle cleaning, and what have you. I think it's a safe practice that the water goes into the sewer system and doesn't cascade down the parking area, causing a safety issue and potentially onto the road. This was a specific request at the last meeting to get a clarification that there aren't any problems. LM – So, at this point, should we direct him that he should go to the DPW? And have them do a test with them, or I don't know exactly what we would do. CT - I think either the DPW or the other place to contact would be the wastewater department because I don't think it's the water department. On the activity within these drains and how whether or not they enter to go into our system GB – I have dealt with drainage on a number of properties. If it's the cities drainage, they will assist you probably. If it's not, it's on your property more likely than not. They'll say that you have to go out and find a business like "Wind River" is one company, they will come and send a camera down the drain. It's going to be at your expense, but they'll look at the drain and say whether it's sound or not. They'll give you a certification that the drain is silent, or they'll tell you it's cracked, broken, clogged. 18 LM - Or you're good to go, and that's all we want to make sure. So, that, parking plan and a written business description. LM - We want to know your business model, specifically what services products. It's hard for us to give you a permit on something we don't know you will be doing. What date your plan do you think to be completed? LO – Well, I will need the drainage also? LM – Yes LO - I don't know if I call DPW to come to look at it LM - What was the timeline for the parking plan from that business? Did you say three months? LO - We're looking a month and a half or so LM - We put you on for two months, and that would give you enough time to come back with a parking plan. He can come up with his business plan so that we understand what he's planning to do with the business. LO – Yes, that will be fine LM - That gives you time to get either go to wastewater, DPW or hire your own service company LO – Yes JC – So, can he put an accessory store if the water drainage doesn't work? LM - You need to go to the building commissioner and discuss it with him; if you want to change your petition, more than likely, you would have to make a new petition. Because then we'd have to send the cards out, we would have to let all the abutters know. We can't just change what you're going to do. Would you like to do that, come back in two more months? MM - I believe that typically whenever properties have been abandoned for a certain amount of time or unused. It's required that the water pressure be inspected and that the sewer line also be inspected, regardless of the uses for the property. Still has to be done. As I had mentioned and recommended during the first meeting, the applicant should go to the building or wastewater Commission to find out what needs to be done in order to reinstate the property. I am specifically talking to the property owner. CT – I looked at this property and the actual property with the parking plan, the old one that you had submitted. I have a hard time seeing that the spaces drawn in here fit there, the first being the diagonal handicap spot. I don't see how that's going to go in there, and then the fenced-in area there's of retaining walls, so you would have to go up to get in there, but there are no dimensions on the plan for the parking spaces. How big are they? It doesn't say at all and that whatever it is, those dimensions need to be marked on there. It would be best if you also looked at how many parking spaces you need to have, so I believe it's one parking spot per 500 square feet for the barbershop. But clarify that with the building department, and then for the car wash, it is two spaces per service day, plus a car wash line for five cars unless this board decides to reduce that. LM - Correspondence from Community Development and Planning: the Warren square location has had various automobile-oriented uses in recent years. This site has a garage bay and paved off-street parking area, which reduces the chance that client vehicles might be able to vert in Lunenburg St 19 LM – No person in the audience or virtual was present to speak on, for, or against the petition CT - Motion on ZBA-2021-36 under §181.94 to Continue the Special Permit application on April 12, 2022, at 6:15 PM JB – Motion Seconded Vote (2-roll call vote) 5–0 to Continue the matter to April 12, 2022 ZBA-2021-32 Jose Martinez 147 DANIELS ST 7:20PM Continuance: Special Permit under §181.336 of the Fitchburg Zoning Code to reinstate a vacant/abandoned building as a four-family dwelling less than required of 2,500 SF per unit pursuant to §181.743 located in the Neighborhood Business District Map 64 Block 14 Lot 0 The petitioner was not present at the hearing. No person spoke on, for, or against the Petition. LM – We receive correspondence from Community Development stating that this item is currently pending a Special Permit and site plan review before the Planning Board. We are waiting for a more detailed site plan to be submitted, showing the finish grade slope of access driveway provisions for stormwater management from the proposed additional impervious area, etc. Another comment from the Police Department states: I have concerns with 147 Daniels and lack of off-street parking, no other concerns from the Police Department. Another is from the Board of Health, stating: Reinstating would be good for the area that has been vacant for many years. LM - Do you have any further information on this case, Commissioner? Mr. Commissioner – Yes, the applicant applied to the ZBA and had no practical parking. He did have land next to the building. But that land was like ten feet below the street level, so he needed to create parking. Our zoning code says that when you are creating parking, you have to go to the planning board for site plan review to create the parking. Once that is done, they can come back here for their Special Permit, so that's why this is happening. However, this is your hearing. If you want to deny it because they're not here; they have not asked for a continuance, you can deny them. LM - Let's move to whether or not we want to extend this Petition to a continuance. Petitioner isn't here this evening; we don't see a permit. He's still apparently in the process. He's not here, and we don't have any mutual agreement. BG - In favor of denying it, he was given time to come before us. We extended him last month, and when the last extension was, he wasn't here tonight to speak for it. MM – Well, there seems to be a pattern right in the previous case tonight. They didn't show they didn't say withdrawing the application. Because they found another avenue, they didn't show tonight. So. I hope this isn't the case with this particular applicant, and they will know the applicant was before us. Is this the first time there were no shows, or the second? LM - This is the first time of no-show. They were supposed to be here in January, and we put a cushion of a February date, as we try to do during the wintertime because of inclement weather. I thought that because they've gone to the planning board for site plan review, some things might be lost in translation. So, in my opinion, we should give them another month, because they did 20 tell us in January they needed another month and what happened in that month we do not know. But they're at site plan review now and providing the information that we asked. So, they may need to come back here, and I hate to see them lose their opportunity because there was some confusion. BG – I stopped at the property today, and the doors are wide open in the building. There appear to be neighbors living in the building, and that concerns me greatly. He owns the building, and I think a better attempt to keep it secure and safe for the community. LM - I think we suspected that back in November. GB – You all know how I feel about no-shows, but I agree with Laure on this one. I think it is potential for some confusion here, and maybe that's why the applicant is not here. JB – Agree, let's put it into next month CT - I would add to Brian's concern that I met the homeless people living at the property. I went to see if the door was open, and they came out, so yes, I would want to condition that the property is properly secured. LM - We didn't convey that to them back in November when they first came; we saw people going in and out of that property. CT- I further would want them to be on the agenda for the following month, simply for the purpose of getting a signed extension even if they continue. LM – Next month because they don't have the plan ready yet for site plan review CT - We have an expired extension at this point JB - Let them continue next month to find out what's going on. CT - I would want a signed extension agreement. LM – I believe we would better put them on the agenda to April so that they can go to Planning CT – Motion on ZBA-2021-32 under §181.336 to Continue the Special Permit hearing to April 12, 2022 GB – Motion Second Vote (1-roll call vote) 5–0 to Continue the Hearing to April 12, 2022 ZBA-2017-16 South Middlesex Non-Profit 94 HIGHLAND AVE 7:35PM Review of the Remanded from Superior Court to amend the original Petition to seek a special permit to reinstate a prior use as a boarding house under §181.3561, to seek a special permit to operate a boarding house under §181.313A5, to overrule the Building Commissioner and to grant a reasonable accommodation under the FHA and ADA located in a Residential C District Map 45 Block 5 Lot 0 The remote presentation was given by Katherine Garraham (Attorney) and Tania DiDuca (South Middlesex Housing Rep.), stating: On this continued review of the project approved on January 24, 2020, for the special permits to operate a boarding house, under section 181.3138A5, and basically accommodation under the 21 Fair Housing Act and Americans with Disabilities act. The owner is very pleased to share that the project has been completed since we spoke with you in July. We're happy to report that a temporary certificate of occupancy has been issued as a lodging house license. The only remaining item with the building department is the installation of hardwired carbon monoxide detectors. The detectors are delayed by supply chain issues but are expected in April of 2022. In the meantime, battery-operated units are in use, and the temporary certificate of occupancy is affected through June 30, 2022. As I said, we expect those hardwired carbon monoxide detectors to be available by April 2022. We have on the order of certified plot plan to capture them on that ground conditions now that everything is completed. We should have that within a couple of weeks. LM – There was anyone in the audience or virtual to speak on, for, or against the petition LM - I'm going to ask the commissioner if he could comment on the status of the building. Has he been through it, or has one of your associates been through it? Commissioner Barbadoro - My associates have been through it, but I have not. We get the decision, go through the property, and ensure that the conditions have been satisfied. But I know we issued a temporary certificate of occupancy that the building is safe. LM - Read comments from the different departments regarding this case; Community Development and planning says: There is a need for this type of housing, as long as it's well managed and licensed. On-site management and responsive on-call management for off hours are often critical to integrating into the neighborhood successfully. LM – Could you comment on that? TD - The way the program will work is going to be a 24/7 staff program. It is residential, and the model we use is: We have a residential house manager that lives on-site, and that person is sort of the eyes and ears of the property. So, an available property manager does not live on site. It's managed like any sort of rental property with the property manager; there's 24/7 maintenance available if anything word happens. All the residents living there have a phone number that they could call, and then as I said, there will be the model of the house manager so that there is sort of like a lead person in that's living within the property. LM – Las comment from the Board of Health: Building has been inspected by the health department on January 25, 2022. The building has been renovated and found no issues at this inspection time. CT - I'm going to note that I'm not going to vote on this matter, as it's staying because I did participate as an attorney. So I don't think I have a conflict, and I'm going to ask a question. Whether this property is required to abide by the regulations regarding lodging houses with the Board of Health? Atty. Graham - I'm sorry if I'm not aware of separate regulations with the Board of Health, but if they apply to lodge houses in the city, the program is subject to lodging house license. So, the Board of Health regulations would apply; I would say yes. Atty. Graham - I'm going to say, attorney Garrahan, that city and the Board of Health do explicitly have regulations available through the health department web page for lodging houses. So, I request that you ensure that those are reviewed and complied with. And the reason I ask is I did not review them prior to this meeting, but in the back of my head, there's something about having but registration of a responsible party with the Board of Health. So, regarding the fact that 22 you have no on-site manager, I want to make sure that you've looked at those regulations and complied with them. Atty. Graham – Yes, I believe that was part of the lodging house application to identify that person. Commissioner Barbadoro - Are these persons with substance abuse issues persons with disabilities? If so, this is this building registered with MASH. TD - I do not believe it's not a MASH registered property, but it has been designated as housing for people in recovery. So, the term in the past days would be sober housing, but that it is housing for people in recovery who are not currently using any substances. CT - I would say I went to the property, and the issue with the trash, at least that was visible, has been cleaned up. It looked nice GB - I went by the property, and I think all the conditions were satisfied; I'm good. BG - Are there 12 parking spots with one handicap on site, Atty. Graham - I believe it's 14 in total, so site plan one handicap. There are nine in the long lot at highland; there is one accessible space and one non-accessible space, two spaces closer to Highland and Congress Street side, and three others on Congress street side BG – I asked the question because the snow is covering some of the spots and the gated area. Is that where the dumpster is going to be? Atty. Graham - At the back of the area that has nine parking spaces BG - You've done a beautiful job on the building. I was impressed with the progress when I came out this afternoon, and looking at the siding was wonderful. But, again, the builders, you've got a lot of good effort to it the roof looks great. TD – Yes, our contractors are taking a lot of pride in the work. An all the stuff and the work they've done, so we're really happy to hear that you all are happy. MM - No questions CT – I won't vote in this matter, but I would offer is that the Special Permit has substantially complied with the plan. As long as the parking plan is filed, we could continue to a longer review period after operations have begun. GK - Where it shows the handicap parking space, and then they've got poll area. Nobody is supposed to park there; typically, handicapped spaces, they'll have some space on both sides. Need space enough to get a wheelchair through? I was thinking that it would be better to move that handicapped space over a couple of feet and put it designated cross edge area on the other side. LM - I think it's pretty much completed at this point though GK - It's only paved Atty. Graham - I think the accessibility of the ramp was part of that positioning. LM - That's true LM - We need to adjust the plan accordingly without the create a land bank and a five months review after operations 23 Atty. Graham - Would you prefer a plan that only has the parking on it, without the other construction details LM - hat would be great that would make it cleaner. JB – Motion on ZBA-2017-16 under §181.3561 & §181.313A5 to Grant a Review to July 12, 2022, with the following conditions: 1. Dumpster to be fenced on all sides in the back of the Highland Street parking area. 2. Parking spaces to be 9 x 18-1/2 with adequate backup/turning space 3. Certified plot plan to be submitted accordingly at the review with the dumpster and parking details without the created land bank. 4. Detailed floor plan to be submitted at the time of review. 5. Kitchen to be installed in the second unit, with proof of work submitted to the building department. 6. Rubbish to be cleaned up and removed to keep the property in acceptable condition. 7. Sunset Clause – Special Permit shall expire upon transfer of the property by South Middlesex Non-Profit to any other person or entity. 8. Project to be fully completed prior to Certificate of Occupancy 9. Review Date – July 12, 2022 GB – Motion Seconded Vote (2-roll call vote) 4 – 1 to Grant a Review to July 12, 2022, with conditions ZBA-2021-14 Kenneth Godfrey 220-222 ALBEE ST 7:50PM 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: As you all know, I wanted to sell the building, and I do have a buyer. So we have the closing schedule for next Monday, February 14, 2014. LM - Same buyer? KG is a different buyer, but I got a $6000 non-refundable deposit, and there's no inspection contingency. It's going to close; I spoke with the buyer today he says we should be right on schedule for the 14th, and there's no finance contingency. There's no inspection, so nothing is delaying it. LM – There was no person who spoke on, for, or against the Petition either in person or virtually KG - I've never had a neighbor oppose; the bottom line is everybody wants the building fixed. It's a great neighborhood, and the buyers are ready to pull a permit immediately and get that working. LM - That's great, good for them, good for you, and good for the neighbors BG – I have no questions; thank you to the petitioner for cleaning up the property, as you did. Putting the asbestos in what appears to be appropriate baggage along the side of the garage looks much better, and we appreciate it. MM – At the last meeting, we had asked the applicant to attend the decision with the specific conditions, especially with the condition that the left side of the building is going to be 24 demolished. Has that decision been recorded, and do we have a copy of it? KG - It has been recorded LM – Yes, it has been recorded, and Christine and I both looked it up MM – Okay, that was my main concern. Is the legend of asbestos is going to be removed by a proper outfit? KG – Yes, I hired a licensed asbestos contractor, and they applied for a permit to the state. That takes a ten-day process, and that's all been done. CT - I see that this purchase and sales agreement has no mortgage contingency, and it's accepting the property as it is condition. KG - Yes CT - As far as you know, there are no barriers to closing? KG – It's not; we've done the title twice since I've owned it, and there's nothing that will hold the sale up. CT – It is sufficient to pay off all the encumbrances KG – Yes CT - I will be very glad to see this sale go through because the buyer needs to come before us and start working on this list. We've been putting conditions in; I appreciate the cleanup done along the way. I appreciate that you recorded the decision, but my tolerance for delays in completing the substantial work for a sale so that a new person can do it; is just about at the end. The new person is going to need to come in, and they're going to need to start work on these right away. KG - I will convert it to the new buyer. CT - I expect that the new buyer is going to start communicating immediately with the building department. I expect that we're going to set up a further date for review, we granted the special permit, and we have a number of conditions in here as of the removal of that portion of the building. KG – They are well aware of that CT – There are some deadlines, so I expect that we're going to set a date for further review, and if it sells, you're going to inform the buyer that in writing KG - Would you like the new buyer to come in next month's meeting or the month after, or how would you handle that? LM - For the review, do we want to put this on again for another month? And if he completes the sale, he can provide us with a copy of the deed, and he doesn't need to come back. CT - I would say even if he completes the sale, he needs to come back. We're supposed to get a visual representation of the exterior and list the work to be done. We are supposed to make sure that all exterior blemishes are ameliorated, including the siding to be replaced. We were supposed to remove that portion of the building, and I think there is a time limitation here. LM - What if they go to the building commissioner and decide that they want to do something different, more than 50% of the renovation? CT - If they don't want to pursue the special permit granted, they want to pursue some other remedy that's available to them. That's their option. 25  LM – So, if they are going to be completed their sale; maybe we could ask the new petitioner to come into the meeting for next month and bring a copy of the deed, and we have that on record, and then he can, in the meantime, speak with the building commissioner about which way he wants to go CT - That's true KG - The new buyer would have to come up with an extensive plan to come to the building commissioner also to pull the permits so that'll give you a great idea of what his plans are LM – Right, so he should go to the see the building Commissioner, as soon as he completes the closing CT – Motion on ZBA-2021-14 under §181.856 to Continue the Review to March 8, 2022, at 7:10 PM, all conditions to continuing under which a special permit was granted and adding the following: 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 is 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 the work on the property at the January 11, 2022 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 – COMPLETED. 10. Any and all waste or debris to be appropriately disposed of and removed from the property including any hazardous waste 11. All construction debris to be removed from the exterior of the property and disposed of in accordance with the law within 7-days or December 21, 2021 12. Additionally, all broken glass, trash, and mattresses are to be removed from the exterior of the building by December 21, 2021. Violation of either or both of the last two conditions will subject the petitioner to a $300.00 a day fine 13. Petitioner to inform the buyer if the sale goes through of the meeting date and time in writing and provide a copy of the signed and recorded deed Vote (2-roll call vote) 5 – 0 to Continue the Review to March 8, 2022, with conditions 5. MISCELLANEOUS ● Election of Officers LM – We need to elect our Board positions for the current year LM - do we want to vote on this evening? LM – Does anybody had any interest in any positions? For Chair, Vice-Chair, and Clerk MM - I would be more than happy to serve the Board in any capacity they wish 26  LM – Christine do you have any chair or vice-chair interest in this time? CT – Yes, I do LM – Would you interested in any bridging time? CT – I will very much enjoy having a bridging time, Co-chair time, and any further time LM - Somebody wanted to nominate a Clerk position. Is anyone have any interest in being nominated? Greg you take good notes, would you interest in the Clerk position? GB – I like my alternative position, not interested on anything else LM - I'd like to nominate Joe Byrne as a clerk for 2022 year BG – Motion Seconded The Zoning Board of Appeals Vote (2-roll call) unanimously to nominate Joe Byrne as Clerk for 2022. LM - Motion to nominate Christine Tree as Vice-Chair JB – Motion Seconded The Zoning Board of Appeals Vote (2-roll call) unanimously to nominate Christine Tree as Vice-Chair for 2022. JB – Motion to nominate Lauren McNamara as Chair CT – Motion Seconded The Zoning Board of Appeals Vote (2-roll call) unanimously to nominate Lauren McNamara as Chair for 2022 6. ADJOURNMENT 27