Zoning Board of Appeals

FITCHBURG CITY CLERK Aug 19 2022 1:00 pm ZONING Board of APPEALS 718 Main Street, Suite 201B Fitchburg, MA 01420 MEETING DATE: Tuesday May 10, 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 CT PLEDGE OF ALLEGIANCE ALL 2. Communications CT 3. ATTENDANCE: Christine Tree (Chair) 4. REMOTE ATTENDANCE: Michael McLaughlin (Vice-Chair), Brian Gallagher & Lauren McNamara 5. ABSENT: Joseph Byrne (Clerk), Greg Babineau & Gary Kirschke 6. Hearings: Started at 8:05 PM CASE No. APPLICANT PROPERTY TIME ZBA-2022-13 Adam Pishdadian 76 PRICHARD ST 6:00PM Special Permit under §181.336 of the City of Fitchburg Code to reinstate a vacant/abandoned building from one nonconforming use to another less detrimental nonconforming use as a two-family dwelling pursuant to §181.332 located in the Residential C District Map 31 Block 80 Lot 0 CT – The public hearing is opened. Due to the inability of Board Members to fully participate in this evening's meeting, the Board will continue this hearing to May 24, 2022, so that Board Members may participate in and hear the matter fully. MM - Motion on ZBA-2022-13 under §181.336 to Grant a Continuance to May 24th, 2022 BG – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to May 24th, 2022 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. ZBA-2022-14 Daniel Estevez 76 SUMMER ST 6:20PM Special Permit under §181.94 of the City of Fitchburg Code to operate an adult daycare service pursuant to §181.313C1 located in the Neighborhood Business District Map 70 Block 13 Lot 0 CT – The public hearing is opened. Due to the inability of Board Members to fully participate in this evening's meeting, the Board will continue this hearing to May 24, 2022, so that Board Members may participate in and hear the matter fully. MM - Motion on ZBA-2022-14 under §181.94 to Grant a Continuance to May 24th, 2022 BG – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to May 24th, 2022 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. ZBA-2022-05 AG Dream Flip LLC 83-85 MARSHALL ST 6:40PM Continuance: Special Permit under §181.3366 of the City of Fitchburg Code to reinstate a vacant/Abandoned building as a 3-family dwelling located in the Residential C District Map 10 Block 64 Lot 0 CT – The public hearing is opened. Due to the inability of Board Members to fully participate in this evening's meeting, the Board will continue this hearing to May 24, 2022, so that Board Members may participate in and hear the matter fully. MM - Motion on ZBA-2022-05 under §181.3366 to Grant a Continuance to May 24th, 2022 LM – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to May 24th, 2022 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. ZBA-2022-06 Ulson Lucien 133 CEDAR ST 7:00PM Continuance: Special Permit under §181.3322 of the City of Fitchburg Code to reinstate a vacant/abandoned building from one nonconforming use to another less detrimental nonconforming use as a two-family dwelling pursuant to §181.416 located in the Residential B District Map 22 Block 36 Lot 0 CT – The public hearing is opened. Due to the inability of Board Members to fully participate in this evening's meeting, the Board will continue this hearing to May 24, 2022, so that Board Members may participate in and hear the matter fully. MM - Motion on ZBA-2022-06 under §181.3322 to Grant a Continuance to May 24th, 2022 LM – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to May 24th, 2022 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. 2 ZBA-2022-15 Rene Rosa 123 PINE ST 7:10PM Variance under §181.93 of the City of Fitchburg Code for the erection of a 220 SQF shed encroaching the property dimensional requirement set-back according to §181.416 and pursuant to §181.421 located in the Residential B District Map 80 Block 23 Lot 0 CT – In this particular case the Petitioner is in process to obtain a certified plot plan and has requested a continuance to June 14, 2022. MM - Motion on ZBA-2022-15 under §181.93 to Grant a Continuance to June 14, 2022 LM – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to June 14, 2022 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. ZBA-2022-16 Kevin Kieda 480 FISHER RD 7:30PM Special Permit under §181.94 of the City of Fitchburg Code to keep bees on a property with less than five acres of land pursuant to §181.313D1 located in the Rural Residential District Map 189 Block 15 Lot 0 CT – The public hearing is opened. Due to the inability of Board Members to fully participate in this evening's meeting, the Board will continue this hearing to May 24, 2022, so that Board Members may participate in and hear the matter fully. MM - Motion on ZBA-2022-16 under §181.94 to Grant a Continuance to May 24th, 2022 LM – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to May 24th, 2022 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. ZBA-2021-36 Jose Collazo 12 LUNENBURG ST 7:50PM 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 CT – The public hearing is opened. Due to the inability of Board Members to fully participate in this evening's meeting, the Board will continue this hearing to May 24, 2022, so that Board Members may participate in and hear the matter fully. MM - Motion on ZBA-2021-36 under §181.94 to Grant a Continuance to May 24th, 2022 BG – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to May 24th, 2022 3 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. ZBA-2022-17 Jeffrey Summers 69 HIGH ST 8:00PM Special Permit under §181.94 & §181.77 of the Fitchburg Zoning Code to operate a sober house pursuant to §181.313A5 within a reasonable accommodation in accordance under the Fair Housing Act 42 U.S.C. 3602 located in the Residential C District Map 19 Block 22 Lot 0 CT – The public hearing is opened. Due to the inability of Board Members to fully participate in this evening's meeting, the Board will continue this hearing to May 24, 2022, so that Board Members may participate in and hear the matter fully. MM - Motion on ZBA-2021-17 under §181.94 & §181.77 to Grant a Continuance to May 24th, 2022 LM – Motion Seconded Vote (3-Roll Call) 4–0 to Grant a Continuance to May 24th, 2022 CT - If anyone is participating online, please note that you will not receive further notification on this petition. This is your verbal notification of the continuance, and should you wish to check in, contact Mercedes at the building department directly, or you look at the online agenda which is posted on the City of Fitchburg website. 7. MISCELLANEOUS 8. ADJOURNMENT 4