Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive – Suite 108 Fitchburg, Massachusetts MEETING MINUTES MEETING DATE: September 13, 2022 MEETING TIME: 6:00PM MEETING PLAE: 718 Main Street, 3rd Floor North Fitchburg Meeting Room #300 1. Call to Order: CT PLEDGE OF ALLEGIANCE: ALL 2. Communications: CT 3. ATTENDANCE: Christine Tree-Chair, Michael McLaughlin-Co-Chair, Joseph Byrne-Clerk, Brian Gallagher & James Reynolds 4. HEARINGS: 6:00PM ZBA-2022-05 AG Dream Flip LLC 83-85 MARSHALL ST Continuance of a 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 at Map 10 Block 64 Lot 0 Presentation given by Nadel Antonio of 280 Walnut Street, part owner and representing AG Dream Flip LLC. Plans for the 3-family were submitted and reviewed by the Board. He wants to be able to keep it as a 3-family. The left side had been excavated and they will be putting parking in that location next to the stairs approximately 5’ from the property line. Across the street there are 4 parking spots. The wall has been architecturally engineered. This 3-family structure units will have 2 bedrooms each and there will be 6 parking spots available. CT - Those in Favor: None Those Opposed: None Those Seeking Information: None On Line: None Seeing none will open up to the Board for Questions and Comments. JR – On Lot 6 at 69 Marshall St there is to be 2 parking spaces for this structure when the multi- story building is completed? Mr. Antonio – Yes BG - How many bedrooms are in each unit? Mr. Antonio – There are 2 bedrooms, 1 kitchen, living room and bath. Units are 2,500 sq. ft. and contain 5 rooms. BG – What is the total gross square footage of the building? Mr. Antonio – 3,780 sq. ft. BG – I went by the property today and it looks like there are people using the excavated portion of the property as a dumping area. Mr. Antonio – I will clean it up. MM – I thought I saw an unregistered vehicle on the property across the street that you will be using for parking. Mr. Antonio – I will double check on that tomorrow. MM – We are always trying to raise the bar for Fitchburg. Have you raised the bar on your original intent? Mr. Antonio – We upgraded the electrical and plumbing, painting the exterior of the building and handrails. CT – Review of the conditions: Plan was shown and trash spaces were pointed out, but not given a line item. The Board needs a copy of the parking plan approved by the Planning Board and stamped with the engineer’s stamp. The parking lot will be paved as shown on the plan. The spaces on 69 Marshall were to be pushed back 3’ and is on the plan and Lot #6 as well. The trash should be enclosed with vinyl fencing shown on the plan not chain link with slats. Submit a budget and proof of funds for work proposed to be completed. Snow removal to be added to the plan. Lot 69 has a huge drop to it. Will the retaining wall require a guard rail? Mr. Antonio – It is shown on the plan. CT – Not to be chain link. This has been on the Agenda for a long time, would you be inclined to make a decision this evening? MM – Yes JR – Not inclined JB – There is only a 5’ area on the left side of the property for garbage cans. Mr. Antonio – There will be 6 cans in the 5’ behind the parking spots. BG – Would like a plan for snow removal on Lot 6. MM – I recommend that we continue this hearing to allow the petitioner to gather everything we have requested. MM – Motion on ZBA-2016-05 for AG Dream Flip LLC, 83-85 Marshall Street to continue the hearing to October 11, 2022 at 6:00PM. JR – Motion Seconded VOTE: 5–0 Motion GRANT a Continuance to October 11, 2022 BG – Lot 6 is shallow and we need a plan for snow removal. JR – Show the 6 parking spaces on 69 Marshall Street and have Lot 6 as emergency parking and garbage. 6:20PM ZBA-2021-27 James Pappas 808 MAIN ST Review of a Variance under §181.93 to open and operate a cold storage warehouse that is not allowed pursuant to §181.313C11 of the Fitchburg Zoning Code located in the Downtown Business District Map 29 Block 31 Lot 0 No one is in attendance this evening. It was noticed at the last hearing to be reviewed in one year and will be held at the November meeting. The petitioner had not been noticed for this hearing. 6:35PM ZBA-2019-40 Jose Santos 1033 MAIN ST Review of the Special Permit under §181.313C1&12 to occupy the building for Automobile Sales business and Repair services located in the Central Business District at Map 18 Block 90 Lot 0 CT – Board members have viewed the property and all conditions placed upon the Special Permit have been met. Tires are contained in a truck on the property. BG – I have no concerns. Mr. Santos has been a victim of vandalism. His front door was broken and some screens. He will be repainting the building and making it look clean again. BG – other than the vandalism repairs the property was clean and orderly. MM – Mr. Santos has done a good job over the last 3 years. The sales of automobiles was prohibited because the lot is small and has only enough parking for repair work. CT – Those in Favor – None Those Opposed – None Those Seeking Information: None Seeing none would like to entertain a motion. MM – Motion on ZBA-2019-40 for Jose Santos at 1033 Main Street to Approve the Review with the conditions in place and strike any further review. JR – Motion Seconded VOTE: 5-0 Review APPROVED with Conditions CONDITIONS: 1. No handmade signs/banners – Professional signage only 2. No vehicles for sale 3. No unregistered vehicles 4. No storage of vehicles other than active customers and employees 5. Auto repairs within the building only 6. No outside storage of vehicle parts 7. No visible trash to the front of the property 8. Dumpster to the right rear 9. Hours of Operation: Monday – Saturday 9:00AM to 4:00PM 10. Sunset Clause – Special Permit will terminate/expire upon the sale/transfer of property or change of operation from Jose Santos 11. No outside storage of auto parts – tires and/or tire racks 6:50PM ZBA-2022-01 Nghia Tran 47 SCHOOL ST Review of the Special Permit under §181.335 of the Fitchburg Zoning code to convert a large single-family dwelling located in the Residential B District at Map 18 Block 30 Lot 0 CT – The Board placed conditions on this Special Permit last December. Mr. Tran – The retaining wall is done and the driveway has been paved. We are still trying to find someone who can do the hand railings that are architecturally accurate. CT – There is no one living at the property at present. The change in color made it so much better. The stone wall is coming along wonderfully. Need fencing to screen rear and side abutters. Construction to be completed in 12 months and the property to be kept clear of debris. Vehicles parking off street as possible and debris removal upon completion. Mr. Tran – My main concern is completing the timing of the completion in March. CT – We will decide this evening when you will come back before us. Those in Favor: None Those seeking Information: None Those Opposed: None CT – Seeing none, will open up to the Board for questions and comments. BG – You have done an outstanding job thus far. The wall is great and I was impressed with the parking plan. I know you are having problems with the railing. Mr. Tran – I’m trying to get someone to do the mill work. BG – It’s not easy to find the right person, but it is doable. The second floor egress should have the railing kept to match the first floor on the exterior. JB – My compliments on the wall JR – Recused himself MM – Wasn’t here for the final vote, but watching this happening next door now, the main doors are out of character with the structure. The doors should match the Greek revival style of the building. The second egress will be very close to the abutters. The large staircase will be the same as the balusters in the front. CT – The existing stairway was to blend into and match the rest of the building. Very pleased with the work you have done in keeping with the architectural elements, I know this makes it more difficult and expensive. The rail on the wall is not to be a chain link fence. Woodwork needs to match. I don’t have a problem with the doors, as they were replaced before you bought the property. MM – There are doors that would fit the architecture better. CT – What is the most important between doors and balusters? The doors could be painted in the same color and the building. BG – Do not have an issue with the doors. CT – How long before you will complete the project? Mr. Tran - Probably 2 more months. MM – Motion on ZBA-2022-01 for Nghia Tran of 47 School Street to Approve the Review with conditions previously in effect and review it again on December 13, 2022. JB – Motion Seconded VOTE: 4-0 APPROVE the Review with another Review on December 13, 2022 CONDITIONS:  1. To be operated as a two-family with no more than three bedrooms per unit. 2. To be constructed substantially in accordance with the submitted plan dated 1/20/2022 by TAJ Engineering, LLC and the building plans submitted by G. Castillo date 1/24/2022 3. All exterior architectural features to be preserved and repaired in their current state or replaced with an architecturally accurate substitute. 4. Exterior colors to be consistent with a Greek revival home according to the historically accurate color chart of Historic New England1, a charitable organization devoted to the preservation of New England architecture and history. 5. The front stone retaining wall lining the street and the driveway to be repaired, maintaining the same surface materials as are currently present in the existing retaining walls. 6. The new retaining wall to the side of the driveway to be constructed of similar materials and appearance to the front stone retaining wall. 7. Fencing to screen both the rear and the side abutters to be built on the property 8. Construction to be completed within 12-months of the issuance of the special permit. 9. Property site to be kept clear of debris during construction and construction to occur within appropriate hours as allowed by City ordinance, minimizing the noise, dust, and any disturbance to any neighbor 10. Dumpster to be emptied regularly. 11. Construction vehicles to be parked off street to the extent possible. 12. All debris to be removed upon completion of the project, as well as the dumpster. 13. Review December 13th, 2022. 7:05PM ZBA-2022-15 Rene Rosa 123 PINE ST Continuance of a Variance under §181.93 of the Fitchburg Zoning Ordinance to convert a large single-family into a two-family dwelling located in the Residential B District at Map 18 Block30 Lot 0 Presentation given by Rene Rosa and Alejandra Rosa. At this time a stamped plot plan was submitted. Mr. Rosa stated that he built the shed during the Pandemic for his children to have a place to play. CT - Mr. Rosa requested a dimensional variance for a shed 220 sq. ft. encroaching on the side and rear yard requirements leaving 8’ in the rear and 16’ on the side. Those in Favor: None Those Opposed: None Those Seeking Information: None Seeing none we will open up for Board member questions and comments. JR – My observation is the home on Pine Street is a pre-existing non-conforming parcel and structure. Mr. Rosa has made improvements to the exterior of the home. Due to the size and shape of the lot a shed of this size is challenging without a dimensional variance. Why did you locate it there rather than further into the property? Mr. Rosa – Because it would interfere with the parking of his vehicles within the property in the winter. BG – How close to the rear property line are you? Mr. Rosa – 8’. We have a hot tub inside 20/ x 9’. BG – How close to the house is the shed? Mr. Rosa – More than 20’. JB – This is a nice place for the kids to swim, but without the proper permits and planning it does not meet the present code. MM – What work are you in? Mr. Rosa - Cleaning, painting and general contracting. MM – So you knew that you should have visited the Building Department before starting a project like this. We don’t make the rules, we must base our decisions on the criteria to be met for a variance. Is this a single or a 2-family home? Mr. Rosa – It is a two-family, but we use it as a single-family home. MM – There is one shed on the property already in the 10’ x 12’ range. Does it meet setbacks? Mr. Rosa – No, it was there when we bought the house and not sure if it was built to code or not. CT – I visited the property and your parking area is at the bottom of a bowl of the surrounding streets and other houses can see into it. Could you shorten the structure in the front and just keep the back portion? If you have a 120 sq. ft. shed it would only require a 3’ setback. Mr. Rosa – Would like to keep the back as it closes the yard. Would not fit the hot tub if we remove the front portion of the shed. MM – Motion on ZBA-2022-15, Rene Rosa, 123 Pine St. for a Variance as requested. JR – Motion Seconded Discussion on the Motion: JR – I believe the lots shape and topography is unique. They were trying to make the best use of the lot space for their family. Other properties in the neighborhood have structures in the rear. MM – Mr. Rosa, you have done a nice job in making improvements to your property, the project must meet the mandatory findings before the Board can grant your request. I would like this to work for you, but cannot find it meeting the requirements for a variance. JB – If you had gone to the Building Department to obtain a permit before you built the structure, you would have been told the setback requirements for your district and the size you cannot exceed without a variance. For a structure this size you also must meet the State Building Code. BG – I am in agreement with the other Board members. It does not meet the criteria for a Variance. CT – I don’t think you are causing harm to the neighborhood, but the hardship has not been met and, therefore I would not be inclined to be in favor of this petition. VOTE: 1-4 Variance DENIED (JR in favor) 7:25PM ZBA-2022-26 Michelle Quahdani 292 FIFTH MASS TPK Appeal to Overrule the Building Commissioner’s determination under §181.92 and a Special Permit under §181.94 of the City of Fitchburg Zoning Ordinance to keep chickens on the property pursuant to §181.313 located in the Residential B District at Map 269 Block 9 Lot 0 Presentation given by Michelle Quahdani stating that she gets about 12 eggs per week for her use. She is not practicing agriculture at her residence. She doesn’t understand why she needs a special permit because to her the chickens are pets not farm animals. She is quite upset with City employees that overlook others in the city who have chickens. Those in Favor: Debora Chura of 269 Fifth Mass Tpk stated that Ms/ Quahdani treats her chickens like pets. Some have been rescued and she takes very good care of them. About 15 children in the neighborhood love to go to her house to see the chickens. They pet them and enjoy being with them. Philip Chura stated that no one sees the chickens in the front yard and they help to keep the tick and bug population at a minimum. Jesenia Sanchez of 284 Fifth Mass Tpk stated living next door their dog probably bothers them more than her chickens bother her. Having chickens does not bother anyone in the neighborhood. Those Opposed: None Those Seeking Information: None CT – We are here to hear an Appeal of the Building Commissioner’s determination and for a Special Permit and how it will meet the criteria of the Fitchburg Zoning Ordinance rather than who else has chickens in the city. BG – I want to thank you for taking the time to show me your property and the chickens. They have a decent size coop and are healthy and their area is kept clean. JR – It is great that people showed up to this hearing to participate in the process. I understand that you are passionate about your chickens, but you have been a little aggressive this evening. Ms. Quahdani – It comes from the man who was so aggressive when he came to my property to tell me I was in violation and treated me like I was scummy. JR - We cannot speak for the inspector, but we are trying to help you this evening. MM – I would like to hear some feedback from the Building Commissioner. Ms. Quahdani – I have 2 girl ducks and 1 boy and 5 chickens. Building Commissioner, Mark Barbadoro, stated that: basically if agricultural is the primary use with 5 acres of land or agricultural with 2 acres and earn $1000 per year from the chickens you are exempt. All others require a special permit. Alicia Markland of 393 Princeton Rd stated that she wanted to show her support for this petition. Mark Fernstrom of 415 Princeton Rd is also in support of Ms. Quahdani and her pet chickens and his family go often to see them. CT – In looking at the criteria for a Special Permit, I am not seeing an adverse effect on the neighborhood. There is a lot of space between the neighbors. Social economic or community needs are served by taking into account that the neighborhood children come to see them. The property is at the end of a dead end street. The proposal does not affect traffic flow and safety. There is no impact on utilities or public services. It does not change the neighborhood character and structure. It only impacts her property not the environment, other than the reduction of bugs. Lastly, there is no potential fiscal impact to city services, tax base or employment. Hearing Closed: Deliberations: MM – Motion on ZBA-2022-26 to Overrule the Building Commissioner’s determination. JR – Motion Seconded VOTE: 0–5 Appeal DENIED CT – If the Board were to grant the special permit would you like any conditions placed upon it? Board Members decided on the following conditions: 1. Applicant to have no more than 5 chickens and 3 mallards – 8 poultry in all. 2. Not to constitute a public nuisance. 3. No roosters 4. Review in one (1) year – September 12, 2023. MM – Motion on ZBA-2022-26 for Michelle Quaahdani of 292 Fitch Mass Tpk for a Special Permit under §181.94 and §181.313 with conditions discussed. JR – Motion Seconded VOTE: 4–1 GRANT the Special Permit JB - Opposed 7:40PM ZBA-2019-13 Ruth Jeanette Guzman 324 LUNENBURG ST Review of a Special Permit under §181.356 to reinstate a vacant/abandoned building as a 3- family dwelling located in the Central Business District at 36/15/0 JR. There is no one here for this hearing and since there was a communication gap the Board should continue this to the October 11 hearing date to allow the petitioner the opportunity to attend. BG – We did make it apparent at the last hearing that we would be holding his hearing this evening. I was pleasantly surprised that a majority of the things discussed have been addressed and how much progress has been made. MM – This case has been going on for 3 years and we have gone well beyond what we have done for others. CT – I noted the improvements, flowers have been planted, work on the retaining wall, but the telephone wire is still hanging. MM – There has been low quality work throughout the building. MM – Motion to Continue the hearing to October 11, 2022 and a final hearing on December 13, 2022. JR – Motion Seconded VOTE: 5–0 GRANT of a Continuance to October 11, 2022 at 6:15PM 7:50PM ZBA-2022-12 Debora Lizek 76 CHARLES ST CONTINUANCE of a Special Permit under §181.333 of the Fitchburg Zoning Ordinance to change a single-family into a two-family dwelling pursuant to §181.313 located in the Residential B District at Map 68 Block 1 Lot 0 CT - Ms. Lizek submitted her parking plan to the Board showing 4 parking spaces which are required for a 2-family dwelling. There are 3 bedrooms in each apartment. CT – This is another property we are interested in keeping the architectural features of the building; not to replace unless by a replica of the original wood working. Ms. Lizek – There are 2 electric meters one for each unit and the third meter is for the common areas. CT - Residential B District allows 2- families by right, but when converting it requires a special permit. Those In favor: None Those Seeking Information: None Those Opposed: None Seeing none, opening for the Board’s questions or comments. (JR recused himself) MM – Why do you want to convert to a 2-family? Ms. Lizek – I bought it as a two-family and has used all her saving to upgrade and renovate it. There were two Assessors Cards for the property one said it was a single-family and the other said it was a 2 family and no one could decide what it actually was. MM – Did you put in the second kitchen? Ms. Lizek – No, it was already there. There were two families living in the building when I bought it. In the past each time the City tried to visit the property there were issues and they could not get in to make a determination of the number of units. I have permits for all the work I have done. BG – The building has three stories, are you using this space for your tenants? Ms. Lizek – No, using the third floor for storage. The space is only partially finished with no kitchen or bathroom. BG – Do you know the square footage of each unit? Ms. Lizek – No, but each unit has only one kitchen. MM – Is it owner occupied: Ms. Lizek – Yes. MM – You have 3 mailboxes at the property. Ms. Lizek – I occupy the building and will rent out the other unit only. CT – There is a 3 car garage on the property? Ms. Lizek – Yes. A car was left in the garage when the house sold. A really old car. CT – Trash? Ms. Lizek – The trash barrels are kept before the parking. CT – Is it screened? Mx. Lized – No. CT – What about snow removal? Ms. Lizek – My neighbor plows it for me and the parking area is currently paved. Hearing Closed: Deliberations: MM - Building should be inspected by the Building Department to make sure it is up to code before occupancy is issued. JB - The roof on the carriage house is in bad shape. If it gets too bad it will be very expensive to fix. It would be a shame if you had to have it taken down. Board Members discussed the following conditions: 1. The structure to be used only as a 2-family dwelling. 2. Trash barrels to be kept at least 20’ back from the sidewalk or should be screened with vinyl or a better type of screening. 3. Molding should be kept around the porch and all the original architecture to be preserved or replaced with substantially accurate reproductions. MM – Motion on ZBA-2022-12 for a Special Permit to change a single-family to a 2-family dwelling with the above stated conditions. BG – Motion Seconded VOTE: 4–0 GRANT the Special Permit with Conditions (JR – Recused) 8:05PM ZBA-2022-06 Ulson Lucien 133 CEDAR ST CONTINUANCE of a Special Permit under §181.3322 of the Fitchburg Zoning Ordinance to reinstate a vacant/abandoned building from one nonconforming use to another less detrimental nonconforming use as a 2-family dwelling pursuant to §181.416 located in the Residential B District at Map 22 Block 36 Lot 0 Presentation given by Attorney John M. Flick stating that he has prepared a response to the questions raised by Attorney Pusateri, City Solicitor and presented it at this time. They went as far back as 1924 in the title search. No Special Permit or Variance has been issued to date. In looking at the zoning history, a 2-family use has been permitted by right since 1945. At some time someone made it a 3-family. In 1997 it did not make an illegal use legal. In 1992, 133-135 Cedar St. was listed as a 2-family. In 2001 a 3-family use in Residential B District required 6 parking spaces. Any use from 2001-2004 as a 3-family was illegal. The only allowed use is a 2- family and it has been allowed by right since 1945. The history of the property has been made available through the City of Fitchburg and the Registry of deeds. CT – I am inclined to continue this matter in order for myself and the Board to review the response material submitted this evening. JB – Motion on ZBA-2022-06 for Ulson Lucien to continue the hearing to October 11, 2022 BG - Motion Seconded VOTE: 5–0 GRANT a Continuance to October 11, 2022 at 6:30PM CT – Does any petitioner wish to continue their hearing to the October 11, 2022 Meeting as the hour is getting late? Taylor Rose – ZBA-2022-29 requested to continue his hearing to the November 8, 2022 Meeting. JR – Made the motion for continuance. Abutters in the audience did not wish to have the hearing continued as they were present and wanted to voice their concerns. JR – Withdrew the motion in deference to the abutters in attendance. 8:05PM ZBA-2022-23 Paula Sanchez 132 PLEASANT ST Review of the Special Permit under §181.94 of the Fitchburg Zoning Ordinance to change the structure’s use from a one-family to a two-family dwelling pursuant to §181.33 located in the Residential C District at Map 30 Block 22 Lot 0 Presentation given by Aida DeJesus and Avel Aruez representing Paula Sanchez and Harold Mateo (remotely). CT – Have you spoken to the DPW in regard to the retaining wall and drainage system? On Line: Building Commissioner, Mark Barbadoro had Mr. Mateo on the line to speak for Mr. Sanchez. Mr. Mateo – My apologies for not being at the meeting. We have had the wall inspected by the DPW and it has been finalized with the runoff being addressed. There is a new electric pole on the site that Unitil placed there to their specifications. CT – No one is in attendance in the audience for this hearing. MM – Nice work has been done. Is the driveway and parking area to be paved? Mr. Mateo - Yes, the parking area will be paved and the hole will be patched by next April. We still have a lot of work to do inside. MM – When do you expect to have your occupancy permit? Mr. Mateo – would like to have enough done by Christmas to get it. BG – What about the wall on the right side of the property? Mr. Mateo - The abutter owns the wall on the right side of the property? Our finish date is Christmas. Once the conditions have been met we can paint and do the finish work. CT – Work looks very good. There is a window in need of repair or replacement and the property in general looked relatively clean. Just keep the trash picked up on the side next to the school. Mr. Aruez – Could we do pavers instead of paving? MM – You could, but it will be much more expensive than asphalt. We won’t make that a condition. CT – When does the Board wish to review this Special Permit again? MM – Would like to see the project completed by April 30, 2023. Mr. Mateo – Would rather it be in June to be certain of getting all the paving and landscaping done. CT – We could review it on December 13, 2022 and have a final review on May 9, 2023. MM – Motion on ZBA-2022-23 to Approve the Review with a review on May 9, 2023 and adding a condition that the driveway and parking area to be paved with finished black top or pavers by April 30, 2023 with prior conditions to remain in effect. JR – Motion Seconded VOTE: 5 -0 Approve Review with added conditions 1. Any conditions or design standards recommended by DPW after review of the site plan and parking plan and consultation on the site, particularly regarding the retaining wall and drainage system in the rear of the lot, will be incorporated as conditions of the special permit. 2. The exterior architectural elements of this property, as described to the Building Department, to be preserved or replaced with substantially similar replicated elements of similar quality and appearance. 3. Property to be used as a two-family dwelling only. 4. Project to be constructed substantially in accordance with the plan submitted with the application, except modifications required after DPW review. 5. Driveway and parking area to be paved and finished black top or pavers. 6. Review May 9, 2023. 8:30PM ZBA-2022-24 Robert McManus/Roman Catholic Bishop 118 THERESA ST CONTINUANCE of an Appeal to Overrule the Building Commissioner’s determination under §181.92 of the Fitchburg Zoning Ordinance to extend the church services use and add a catering business service pursuant to §181.313D24 located in the Residential A District Map 102 Block 18 Lot 0 CT – Is anyone here seeking information on this hearing? Seeing None. The Petitioner has withdrawn the petition and is no longer going before this Board. 8:40PM ZBA-2022-27 Kevin R and Debra I Leger 15 BAMFORD AVE Variance under §181.93 of the Fitchburg Zoning Ordinance to convey a parcel of land to another lot making the subject property more nonconforming. The subject property is located in the Residential A District at Map 207 Block 14 Lot 0 and Map 207 Block 27 Lot 0 *This request involves 15 Bamford Ave., 45 St. Martin St., and 0 Kennedy Ave. Presentation given by Kevin and Debra Leger with Michael Leger of 42 Bonner Ave stating that they want to secure enough land to put a new septic system on it. Their existing septic is having problems and was installed in 1962, in the rear of the property. 15 Bamford Ave. is a 10,000 sq. ft. lot, 0 Kennedy Ave. is a 9,000 sq. ft. lot. There is also a paper road to the side. Their hardship is that they need a new leaching field and to secure more land in order to do that. Michael Leger – Getting the land is important in order to modernize the septic down the road. Their home has been in the family for 60 years. Those Seeking Information: None Those In Favor: None Those Opposed: None CT – Seeing none we will move to the Board Members for questions and comments. JB – Visited the property and then went to speak to the Building Commissioner. The property is in a Residential A District requiring 12,500 sq. ft. 45 St. Martin St contains 2 parcels adding up to 18,000 sq. ft. You could transfer 5,500 sq. ft. from this available land for your septic and leave the 12,500 sq. ft. required for the remaining property to be conforming. You will need an engineer to do a plan for your septic and he could do the plan for the transfer at the same time. Under §181.46 a parcel need 12,500 sq. ft. with city sewer. Mrs. Leger – The parcel gets flooded a lot and there is ledge also. Kevin Leger – The more land we have the better shot we have at getting the septic done. BG – I was unable to find the address. I visited the lot behind and that has no home. If you want to put in a new septic, why don’t you just combine the lots? JR – I would feel better if we knew where you want the septic system and a plan where it will be placed. Mr. Leger - 45 St. Martin St. cannot be occupied until the septic issue is settled. BG – How many gallon septic system are you proposing to put in? Michael Leger – Whatever the qualification is for a 3 bedroom. The septic is old and they have to pump it out every year which is more than they originally did. BG – Did your current contractor voice concerns about replacing it in the current location? Kevin Leger – We cannot use the same location again. We also have a built in pool in the yard. City sewer is unavailable on Bamford Ave. MM – I visited the site and have heard some good information. Hearing Closed: Deliberations: BG – Septic is different on every lot so I cannot make a comment on the area need for a 1,000 gallon tank and a leach field. JR – I am sympathetic to the cause, but creating a more nonconforming lot is intuitive. I would be more comfortable if I knew where it was going and how much property you actually needed to accommodate the septic and leach field. MM – In looking at the criteria for a Variance we cannot say that there is a hardship at this time because the system has not failed. There are too many unknowns to make a decision making the other lot more nonconforming and being convinced it is the best solution. I would be inclined to grant leave to withdraw the petition or I would have to deny it because it does not meet the criteria for a variance. CT – This was a little premature, having no plan for the septic system . Certainly the possibility of ledge, the cost issue is indicated, but there is no grasp of any particulars. Would like you to be able to come back at another time when you have enough information and a plan to meet the criteria. Hearing Opened: At this time the Petitioner’s requested Leave to Withdraw their petition. Hearing Closed: MM – Motion on ZBA-2022-27 for Kevin R. and Debra I. Leger of 15 Bamford Ave. Leave to Withdraw. JR – Motion Seconded VOTE: 5–0 GRANT Leave to Withdraw 8:50PM ZBA-2022-28 Cyrena Feliciano 8 DWIGHT ST Appeal to Overrule the Building Commissioner’s determination under §181.92 and a Special Permit under §181.94 of the Fitchburg Zoning Ordinance to keep ducks on the property pursuant to §181.313D1 located in the Residential B District Map 269 Block 9 Lot 0. Presentation given by Cyrena Feliciano stating that she is seeking the Special Permit to keep her ducks. One year ago she lost her father and it was really hard on her children, especially the oldest. Her daughter’s therapist said that it would be good for the kids to take care of an animal. The only kind of animal that her daughter was excited about were the ducks. She is using them as emotional support animals. It was something that their grandfather was going to do with them. They live at the end of a dead end street. She has no idea who could have complained. Those Opposed – None Those Seeking Information – None Those in Favor – Taylor Rose of 1 Burns St in support of this request. Jonathan Feliciano stated that they have a 5,000 sq. ft. lot and a 13.5’ x 9.5’ kennel with a pool which is filled daily for the ducks. They have a $50 to $70 food bill also. CT – When we are shown a disability letter, as we have been this evening, we are directed to waive one of the criteria for a Special Permit decision. This is not a visible disability but substantially limits her, causing a disability. The ducks are being used as service animals rather than agricultural animals. Mr. Feliciano – She had been having problems getting up, going to school and mainly very depressed. The ducks give her a reason to get up and feed them in the morning. JB – A duck is a unique animal, why not a cat or a dog? Ms. Feliciano – we tried other animals and nothing seemed to mean anything until my husband brought home the ducks. They hatched out of the box and she helps take care of them. It is my child’s choice of a therapeutic animal. She is seeing a councilor weekly and a medical provider every 2 months. JB – I believe she has a case for her child. The property is tiny, 5000 sq. ft., but it is tucked away. We should give an accommodation to the girl who lost her grandfather. BG – Thank you for showing me the property. The property is kept very clean and the ducks are healthy and happy. They collect the bedding and bring it to the dump which is very responsible. The grandfather wanted the kids to have ducks and I would be in favor of granting this petition with an accommodation. JR – This is not an agricultural use. If we vote in the affirmative to overrule the Building Commissioner’s decision is would negate the need for a Special Permit. MM – The Building Commissioner’s determination was correct. It is not allowed by right and therefore needs a Special Permit. We look at every case individually. We try to put ourselves in the applicant and the abutters shoes. You have 4 children and 4 ducks. What is the ducks life span? Ms. Feliciano – From 5 – 10 years. In meeting the criteria for a Special Permit the intent is not an issue. Hearing Closed: Deliberations: MM – Motion on ZBA-2022-28 to Grant the Appeal to Overrule the Building Commissioner’s determination. JB – Motion Seconded VOTE: 0–5 Appeal DENIED MM – Motion on ZBA-2022-28 for Cyrena Feliciano of 8 Dwight St. to Grant the Special Permit with the following conditions. 1. No more than 4 duck to be kept on the property. 2. Sunset clause: Special Permit will terminate/expire upon the sale/transfer of the property from Cyrena Feliciano. BG – Motion Seconded VOTE: 2 – 3 Motion Failed JB – Motion on ZBA-2022-28 for Cyrena Feliciano of 8 Dwight St. to Grant a Special Permit with ADA Accommodation with the above stated conditions. BG – Motion Seconded VOTE: 5 – 0 GRANT the Special Permit with Accommodations and Conditions. 9:00PM ZBA-2022-29 Taylor Alden Rose 1 BURNS ST Special Permit under §181.313D1 of the Fitchburg Zoning Ordinance to keep livestock (ducks) for eggs located in the Residential A District Map 230 Block 2 Lot 0 Presentation given by Taylor Rose stating that he wants to keep 3 ducks for eggs and to help his daughter to take care of them. He believes that it is helping her ability to grow and be responsible. He is working multiple jobs and it helps relieve his stress level. CT – The lot is 5,000 sq. ft. Have you received complaints from the neighbors? Mr. Rose -The Building Department inspector came to my property and that’s how I found out I was in violation of the Zoning Ordinance. CT – How many ducks do you have? Mr. Rose – 3. Cathy Sarasin of 40 Colony Rd. – I have nothing against my neighbors, but the ducks carry an odor. It is now like living next to a farm. If the wind blows, I can smell them in my kitchen. We can’t enjoy being out on our deck. They are kept against the fence between our properties and it creates flies. I am not for this petition at all. David Farineau of 40 Colony Rd – The stench is horrendous and the ducks are in standing water. I’ve done some research on ducks and something is very wrong. They dispose of dropping and feed on the neighbor’s property. The food is dumped on the ground. The placement on the lot is not the best location and the lot is not very big. Jennifer McClean of 35 Colony Rd – This is a busy road with dogs and cats in the neighborhood and this just adds to the congestion. MM – What is the process for disposal of the duck waste? Mr. Rose – I dug a pond with plants and fish that are supposed to help eliminate the odor and the ducks use that. Have placed aromatic seed around the plants in the pond. I am working to get the odor reduced. BG – You originally had 6 ducks? Mr. Rose – 3 were males and I got rid of them and do not plan to have more than 3 ducks. There are no more shavings being put out. I would be happy to dispose of the shavings. BG – My observation was that the ducks seemed healthy. The area was clean. Would you be able to move them to a different location on the property? Mr. Rose – I could move them to the other corner further from my neighbor. JB – Do you make more than $1,000 a year with the eggs? Mr. Rose – No MM – The ducks are 2’ from the neighbor’s fence. The neighbors have been at their residence for 15 years. How long have you been at your property? Mr. Rose – 1½ years. Hearing Closed: Deliberations: MM – Motion on ZBA-2022-29 to Grant the Special Permit to keep ducks for eggs on the property. JB – Motion Seconded VOTE: 0–5 Special Permit DENIED 9:10PM ZBA-2022-30 Daniel P. Diaz 80 SOUTH ST Special Permit under §181.333 of the Fitchburg Zoning Ordinance to alter an existing nonconforming structure to provide for a substantially different purpose (multi-family housing) located in the Residential C District at Map 68 Block 65 Lot 0 Presentation given by Mark Schryver, Architect for the project stating that the firm has done several historic properties. The main structure is a Queen Anne Style and was previously used as a dormitory for the nuns. The right portion of the building has beautiful woodwork and they want to keep 0 – 80% of it. There will be 4 one bedroom and 5 two bedroom units. The units will be 800 – 900 sq. ft. All bedrooms will meet the State Building Code. There was a fire in the building at some point in the original dormer and that dormer on the third floor will be eliminated. CT – How many parking spaces are there? Mr. Schryver – There are 12 on the left and 4 on the right. CT - We would like a written response to the Special Permit criteria and encourage home ownership and owner occupied properties. Mr. Schryver – The developer will be doing lawn care and maintenance of the property. Tony Melina holds onto all the properties he manages. There is a need for housing in this area. Preservation is dear to his heart. This will reduce the demand for rental housing and hopefully reduce the cost of renting. CT – In consideration of the time we will continue this hearing to October 11, 2022 which is our next meeting. At that time we would like you to submit: 1. A Written response to the Special Permit criteria for a multi-family 2. A budget for the proposed renovations and proof of the ability to meet those costs. 3. Exterior Rendering of the project CT - What is your estimated time for completion? Mr. Schryver – 7 months. A spring completion for paving and site work. CT – We would also like to contact you in regard to a tour of the property. When I went to the property it was not properly secured and that should be done immediately. BG – Will there be changes to the stucco, it is cracking? Mr. Schryver –We will clean and restore, returning it to the base color and match new stucco to the existing. There will be energy compliant windows. BG – The stucco was done in 1910. I would like to see the inside of the building also. MM – Motion on ZBA-2022-30 for Daniel Diaz of 80 South St. to Continue the hearing to October 11, 2022. JR – Motion Seconded VOTE: 5–0 GRANT a Continuance to October 11, 2022 at 6:45PM MISCELLANEOUS: The Zoning Board Meetings will be moving to the Legislative Building next month and will be televised over FATV. It will be more transparent. JB – Motion to Adjourn BG – Motion Seconded VOTE: 5–0 Adjourned