Zoning Board of Appeals

ZONING Board of APPEALS 166 Boulder Drive – Suite 108 Fitchburg, Massachusetts MEETING MINUTES MEETING DATE: October 11, 2022 MEETING TIME: 6:00PM MEETING PLAE: 700 Main Street, Legislative Building 1. Call to Order: MM PLEDGE OF ALLEGIANCE: ALL 2. Communications: MM – Response Sheet from the Board of Health 3. ATTENDANCE: Christine Tree-Chair (Remotely), Michael McLaughlin-Co-Chair, Joseph Byrne-Clerk, Brian Gallagher Greg Babineau & James Reynolds 4. HEARINGS: 6:00PM ZBA-2016-05 AG Dream Flip LLC 83-85 MARSHALL ST CONTUANCE of a Special Permit under §181.3366 of the Fitchburg Zoning Ordinance to reinstate a vacant/Abandoned building as a 3-family dwelling located in the Residential C District at Map 10 Block 64 Lot 0 MM – Is anyone here for the petitioner? The Building Commissioner, Mark Barbadoro stated that he had received an email from the petitioner requesting a continuance to the next hearing date as he is waiting for his engineer/architect to complete the plan with the modifications requested by the Board. A modified plan was submitted showing an engineer’s stamp (Exhibit A). JB – Motion on ZBA-2016-05 for 83-85 Marshall Street to grant a Continuance to the November meeting. BG – Motion Seconded VOTE: 5-0 GRANT of a Continuance to November 15, 2022 at 6:45PM 6:15PM ZBA-2019-13 Ruth Jeanette Guzman 324 LUNENBURG ST CONTINUANCE of a Special Permit under §181.356 of the Fitchburg Zoning Ordinance to reinstate a vacant/abandoned building as a 3-family dwelling located in a Central Business District at Map 36 Block 15 Lot 0 Petitioner was not in attendance at this time. Building Commissioner, Mark Barbadoro stated that the project is very close to completion. They still have more to be done, but the Building Department is working with them to help get them across the finish line. CT – I drove by the property and it had been picked up and was much improved over past months. As long as maintenance is maintained, I would suggest a review in January or thereafter. In July the exterior was deplorable and the Board was discussing pulling the Special Permit, but the property has improved since then. Does anyone else have concerns? BG – The footings have been removed and there is a hole that is quite deep; an accident waiting to happen. Also, the wire is still hanging in the yard. JB – Motion on ZBA-2019-13 for 324 Lunenburg Street to Continue the hearing to January 10, 2023 with prior conditions in effect and make note that no occupancy permit NOT be issued until the Zoning Board has approved the Review. BG – Motion Seconded VOTE: 5-0 GRANT a Continuance to January 10, 2023 *Ruth Guzman came into the meeting at 7:00PM and apologized for being late. MM – Your hearing has been continued to January 10, 2023. If you have completed your project and met the conditions prior to then, we will put you on the next available agenda. They have closed on the plumbing, electrical and waiting on the sprinkler system and fire alarms. 6:30PM ZBA-2022-06 Ulson Lucien 133 CEDAR ST CONTINUANCE of a Special Permit under §181.336 of the Fitchburg Zoning Ordinance to reinstate a vacant/abandoned building from one nonconforming use to a two-family dwelling pursuant to §181.336 located in the Residential B District at Map 22 Block 36 Lot 0 Presentation given by Attorney John Flick stating that the structure has only been used legally as a 2-family dwelling. All the renovations proposed are to be done within the footprint of the building. If the Board finds that it does not make the property more non-conforming it will be allowed as a matter of right. This is a nonconforming structure rather than a nonconforming use. MM – Do you have any new information for us at this time? Attorney Flick – The proposed renovations do not intensify the nonconforming structure and that entitles them to a Special Permit. CT – Attorney Flick, your argument this evening is under Ch. 40A §6. Attorney Flick – The use is abandoned, but the structure is not abandoned and does not lose the preexisting nonconformity. The structure is a 2-family as a matter of right. CT - There is no preexisting nonconforming use. I am in agreement that it was a legal nonconforming structure. The abandonment is the issue. I extended the research of the property from what had been submitted by Attorney Flick and presented to the Board (Exhibit B). I would like to ask at this time for a factual finding whether the structure was used as a 2-family dwelling in 1945. Both the Street listings for 1945 and 1946, and the 1940 U.S. Census and 1950 U.S. Census show one (1) owner occupying and one (1) rental unit. The Assessors’ records show that at in an inspection in April 1971 that there was a 3rd unit in the basement well prior to 1971, as the bath fixtures are noted to be old. Does the Board have any other evidence to show? JB – Motion of a Factual Finding on ZBA-2022-06 that 133 Cedar St. was NOT being used as a 3-family dwelling in 1945 when the zoning ordinance came into effect. BG – Motion Seconded VOTE: 5 – 0 Structure was not used as a 3-family dwelling in 1945 CT – At any time after 1945 to legally convert the structure to a 3- family from a 2 unit building or from a single to a 3 unit building would have required a Variance and at times a Use Variance. There have been no recorded variances for this property after 1960. There was no requirement in the statute for decisions to be recorded in the Registry of Deeds prior to 1960. The use never became lawful. In 1997 a building permit was issued to renovate the structure to as a 3 family. From 2001 to 2004 the three family use was allowed by right in the district, but the structure was nonconforming and would have needed a Special Permit to convert a preexisting nonconforming structure. JB – Motion of a Factual Finding on ZBA-2022-06 for 133 Cedar St. that there is not enough evidence to show that the structure was ever a legal 3-family dwelling after 1945. BG – Motion Seconded VOTE: 5–0 CT – Mr. Chrost, when was the last time there were occupants at 133 Cedar St? Thomas Chrost abutter at 139 Cedar St.- There has been no occupancy in this structure since approximately 2009. MM – Attorney Flick, would you like the opportunity to research that? Attorney Flick – I think it would be prudent to request a continuance and address the question(s) discussed this evening at the next meeting date. JB – Motion on ZBA-2022-06 for 133 Cedar St. for a Continuance to the next meeting. BG – Motion Seconded VOTE: 5–0 GRANT of a Continuance to November 15, 2022 at 7:15PM * Christine Tree left the meeting. 6:45PM ZBA-2022-30 KM R2 Realty LLC 80 SOUTH ST CONTINUANCE of a Special Permit under §181.333 of the Fitchburg Zoning Ordinance to alter an existing nonconforming structure providing a substantially different purpose (multifamily housing) located in the Residential C District at Map 68 Block 65 Lot 0 Material had been submitted by Mark Schryver, Architect, and was forwarded to the Board members previously (Exhibit C) and has been reviewed. MM – Since Christine Tree has a conflict at this time, we will be opening the case and taking it out of order. It will be heard at the end of the evening. Both Tony Molina, representing the petitioner and Mark Schryver, were in agreement to move the hearing time so CT could be present. JB – So Moved BG – Motion Seconded VOTE: 5-0 Case to be taken out of order 7:00PM ZBA-2021-14 Kenneth Godfrey 220-222 ALBEE ST Review of a Special Permit under §181.856 to reinstate an abandoned/vacant building as a two- family dwelling located in the residential A District at Map 121 Block 11 Lot 0 BG – People are occupying the property. MM – Who issues occupancy permits and are our decisions considered beforehand? Mark Barbadoro, Building Commissioner – People are living at the property and it is the Building Department that issues Occupancy Permits. Are there things not done that have been requested by the Board? Is there a violation that needs to be addressed? The Building Department looks at the decisions and renders a finding whether or not the conditions have been met before an occupancy permit is issued. JB – The property has been sold again. There was no sunset clause on this Special Permit. Mark Barbadoro – A Special Permit once issued and acted upon becomes permanent. If there is no condition of expiration placed on the Special Permit then it will remain valid as long as all the conditions placed upon it are met. JB – Motion on ZBA-2021-14 for 220-222 Albee St. to Grant a Continuance to November 15, 2022 in order for the Board to make a site visit of the property to ensure all conditions placed upon this special permit have been met. BG – Motion Seconded VOTE: 5–0 Grant a Continuance to November 15, 2022 at 6:30PM 7:15 PM ZBA-2022-31 Yael Dario- Recio Auto Repair 56 CULLEY ST Special Permit under §181.313 of the Fitchburg Zoning Ordinance to open a motor vehicle body and paint shop located in the Neighborhood Business District at Map 33 Block 58 Lot A Presentation given by Lazario Paulaino and Yael Dario stating that Mr. Dario wants to open an auto repair shop. Central Mass Auto was in this location doing business approximately 5 – 6 years ago. Mr. Dario has been doing business in Lunenburg at 381 Mass Ave. Mr. Dario bought this property 3 years ago and would like to have his business in Fitchburg. He will be bringing in a new spray booth into the building. MM – The Board would like to see a certified plot plan showing how many and where the vehicle parking will be and where pavement and green space will be. From the plan submitted it looks like part of the building is on the abutter’s property. Mr. Paulaino – The neighbor put up a fence along the property line up to the building. There is plenty of space for the business. Mr. Dario is going to try to purchase that piece of the property that the building sits on from the neighbor. MM – the building has been auto repair for the last 20-30 years. Is the part of the building that is falling down to be removed? The entire property is filled with abandoned vehicles and parts. These should be cleared from the property before you come back before the board. JR – We are looking for a plot plan, which is a picture of the property and how it will look once you are in business. We want to be able to see the parking spaces, number of vehicles, and any improvements to be made. Talking with the Building Department will help you determine if what you want to do will be acceptable and doable. MM – The business that was there previously was horrific. We would like your business to be an example to the other businesses in the area. Do you need a couple of months to gets all that we are asking of you? Mr. Dario – Yes, everyone is so busy just now. MM – If you find that you need more time, call the Building Department and it can be pushed out further. BG – Do you intend to make use of the entire building? Mr. Dario – Yes. BG – At least a quarter of the building is on the neighbor’s property. GB – We will also want to know what your hours of operation will be and what days of the week. BG – Your plot plan should be marked to show the designated parking showing the space size, employee parking, parking for vehicles awaiting service, dumpster location and screening. We would also like a floor plan of your proposed renovations. JB – The portion of the building that sits on the abutter’s (Mr. Galvin) property should be squared away and documentation presented when you return before us. JB – Motion on ZBA-2022-31 for 56 Culley St. to Continue the hearing to December 13, 2022. BG – Motion Seconded VOTE: 5-0 GRANT of a Continuance to December 13, 2022 At that time the petitioner should present: 1. A certified plot plan showing the number of parking spaces for employees, clients and vehicles awaiting repair. 2. The portion of the building that sits on the abutter’s property should be squared away before returning to the Board, so that the applicant has permission from all property owners to proceed. 3. All abandoned vehicles, parts and debris to be removed from the property. 4. Plan for the part of the building that is in disrepair to be removed and a date of completion. 7:30 PM ZBA-2022-32 PCM Auto Repairs and Sales Inc. 33 PRICHARD ST Special Permit under §181.313 of the Fitchburg Zoning Ordinance to open a motor vehicle repair shop located in the Downtown Business District at Map 43 Block 14 Lot 0 MM – The petitioner has requested a continuance. JB – Motion on ZBA-2022-32 for PCM Auto Repairs and Sales Inc. on 33 Prichard St. to Continue the hearing to November 15, 2022. BG – Motion Seconded. VOTE: 5-0 GRANT a Continuance to November 15, 2022 at 7:30PM *Christine Tree joined the meeting in person 7:45PM ZBA-2022-33 Christopher Cordio 109 OAK HILL RD Special Permit to open a restaurant under §181.313 of the Fitchburg Zoning Ordinance located in the Residential C District at Map 63 Block 32 Lot 0 MM – Before we get started, the Board would like to see a certified plot plan of the property. The plan submitted with the petition is a mortgage plan and not detailed enough. Mr. Cordio – I will be able to get that for next month. Mr. Cordio – Our plan is to turn the building into a Pub and Grill. It has been in operation since 1926 as a Social Club. I am a lifelong Fitchburg resident. Our goal is to make it like a Cheers bar. 20 beers on tap, good food and upstairs to have a function hall for dancing and catered parties. We also have room for outdoor dining. We will be putting in a new sprinkler system, bringing up the electric to code, a new roof and curb appeal. There will be a new 22’ x 22’ commercial kitchen. Everything will be state of the art. I own this property outright and I want to keep it. This will be a ½ dollar investment. Elaine Carosha (did not want to give her address and is not on the abutter’s list) read a statement to the effect that the Social Club was not established until 1950. They had a small clientele and rented space for special occasions. A certain code of conduct was set because this was a private club. They did not serve food on a regular basis it will be a different use having a commercial restaurant. Since he is proposing entertainment, I am concerned about the noise. Concerns about the issue of odor from a restaurant and there is a rat problem close to the river. Afraid this will bring in the less savory elements in the neighborhood. The intersections near this property are treacherous. Mr. Cordio buys buildings, fixes them up and then sells them. The abutters list is mainly out-of-city owners. GB – One of our conditions will be for the lot to be paved. Mr. Cordio – That would not be a problem. I am a licensed CSL and understand the scope of the work that is required. JR – I would like to have concrete plans to look at before making any decision on this Special Permit. We will take in the concerns and interests of the residents and abutters of the property. Your plan should also show signs, exterior lighting, and parking for employees and customers. BG – I also need a plan rather than a rough sketch. Mr. Cordio – I am familiar with how tough this neighborhood is. I was a police officer in Fitchburg for over 10 years. I don’t believe that the use will be busier than when the St. Joseph’s Club was in operation. CT – Is there already a kitchen in the building? Mr. Cordio – Yes. This is a 3800 sq. ft. building and it has an existing kitchen on the second floor. The new kitchen will increase the square footage by approximately 400 sq. ft. Depending on the occupancy load will determine our sprinkler system. CT – Please have this information for our next meeting. Will there be a different handicap access entrance? Mr. Cordio – Yes, one for the lower level and one for the second floor. Entrances will be in the front, on the side and an emergency exist in the rear. MM – The floor plan should show occupancy in regard to square footage and the number and seating. We will be having questions in regard to your addition and if you need to obtain Site Plan Approval. CT – Understanding the modifications will be helpful especially if site plan approval is not required. MM – The plot plan should also show any landscaping with beautification of the property and where the greenery will be placed. JB – Motion on ZBA-2022-33 for 109 Oak Hill Rd. to grant a Continuance requesting the following documents: 1. Certified Plot Plan – Showing: Signage, exterior lighting, entrances and parking for employees and customers and handicap parking with designated spaces and dimensions, landscaping and beautification of the property. 2. Floor Plan – Showing: Dimensions of the different areas, seating and number of seats, and the occupancy load. BG – Motion Seconded. VOTE: 5 - 0 GRANT a Continuance to November 15, 2022 at 7:45PM 6:45PM ZBA-2022-30 KM R2 Realty LLC 80 SOUTH ST CONTINUANCE of a Special Permit under §181.333 of the Fitchburg Zoning Ordinance to alter an existing nonconforming structure providing a substantially different purpose (multifamily housing) located in the Residential C District at Map 68 Block 65 Lot 0 CT – This was the former Iver Johnson building and then it was used as a convent. The Board needs to determine if the proposed change is substantially more detrimental than the previous use in regard to the effect on the neighborhood. Mark Schryver, Architect, and Tony Molina of KM R2 Realty LLC stated that there have gone to site plan review and have been approved. There will be 9 units in the building which is 4,758 sq. ft. 1 studio unit, 3 one bedroom units and 5 two bedroom units. The third floor has one means of egress so they will be putting in an egress window as it is required by code. The left side of the building is the convent conversion. They will not be changing the footprint of the building. They will renovate and restore and the building will have the required sprinkler system. The studio apartment is over the garage on the second floor. There is a total of 16 parking spaces. There are 2 curb cuts; one on the left and one on the right. The left will be expanded. CT – Comments? BG – Is there any consideration of restoring the slate roof? Mr. Schryver – Yes, we spoke to the contractor today and the side facing South Street can and will be restored. BG – Clarification: There are 12 parking spaces on the north side and you are going to widen the driveway. Mr. Molina – Yes we did not want to disturb the green area any more than is necessary. There are 2 more parking spaces in the barn and 2 additional spots; 16 spaces in total. We are not encouraging any entertainment in the yard in respect of the neighbors. CT – Is there anyone virtually present that would like to speak? There were no public comments. Mr. Schryver – Most of the work we do is for multi-family rentals. We have restored buildings in Gardner and Hudson, MA, and there were 100 people in line to walk through a 5 unit building. There is a demand for multi-family rental units. We do upscale apartments geared toward young professionals and keep good tenants. We take pride in restoring historical buildings and managing our properties. CT – What is the timeline for completion? Mr. Schryver – 15-18 months. CT – Want to thank you for submitting your financials, so that we have assurance you will be able to complete the project on time. Mr. Molina – We have a good reputation with the local banks and always make sure we have funding before we start a project. JR – Rubbish? Mr. Schryver –The dumpster is tucked behind the building and is not visible from the street. It is located at a convenient spot for the residents at the bottom of the property on the north side of the building. There were no issues or concerns from the Planning Board. Mr. Molina – We are very particular with the outdoor lighting and keep it low where people have to walk and not interfere with the neighbors. MM – We talked about the replacement windows being architecturally correct as to where they are now. I can look past the increasing density on the property. Mr. Schryver – The entry doors will be a glass, 6 light door and look like the period of the building. MM – What about the garage? Mr. Schryver – The garage is old hard wood and is more of a maintenance issue and can be restored. We will be putting in an overhead garage door. There will be a replacement window above the garage doors. JB – This will be a welcome asset to Fitchburg. I have seen pictures of some of the building you have restored and they are beautiful. Hearing Closed: Deliberations: MM – List of Conditions; 1. Site Plan approved by the Planning Board to become part of the conditions of this special permit.  2. There is to be 1 studio apartment over the garage, 3 one bedroom units and 5 two bedroom units. 3. Exterior architectural elements to be preserved, restored or accurately replaced (design work around windows and elements above the roof line, copper on top of the roof and wood work in front peak.) A more detailed list and photos will be on file with the Building Department for reference. 4. Interior architectural elements to be preserved – Restore entryway, coffered ceiling in living room, oak stairway, and all oak floors that can be restored. 5. Property, including landscaping, to be maintained during construction, and debris to be picked up and dumpster to be emptied regularly. 6. This Special Permit will expire/terminate upon the sale/transfer of the property from KM R2 LLC, except as a reorganization of the corporate entity which retains the current underlying owners. 7. Review June 13, 2023. CT – Asking for a motion on ZBA-2022-30 for 80 South St. to Grant the Special Permit with the stated conditions MM – So moved JB – Motion Seconded VOTE: 5–0 GRANT the Special Permit with Conditions 4 MISCELLANEOUS: CT: Next month we will be meeting at City Hall as there will be another meeting in the Legislative Building at that time. 5 ADJOURNMENT: JB – Motion to Adjourn BG – Motion Seconded VOTE: 5–0 ADJOURNMENT