Zoning Board of Appeals

ZONING Board of APPEALS 718 Main Street – Suite 201B Fitchburg, MA 01420 MEETING MINUTES – MARCH 14, 2023 Legislative Building, 700 Main Street Note: This was a virtual meeting, broadcasting and recording by FATV. Due to the inclement weather, the in person option wasn’t available! 1. Call to Order Christine Tree PLEDGE OF ALLEGIANCE ALL 2. Communications Christine Tree 3. REMOTE MEMBERS ATTENDANCE: Christine Tree (Chair), Joseph Byrne (Clerk), Brian Gallagher & Eric Chartrand 4. ABSENT MEMBERS: Michael McLaughlin (Vice-Chair) & James Reynolds 5. ALSO IN ATTENDANCE: Mark Barbadoro (Building Commissioner) 6. Hearings: Started at 7:15PM CT - With all board members and petitioners, as well as the public being able to participate with the FATV and zoom. However, at this point in time of the six available members of the board one, is working in emergency services and the other four do not have either Internet or power. As a result, we believe that the best way to hear both the public and the petitioners is by at least a visual connection. We will be broadcasting this meeting and holding it in recess until 7:15 PM. At 7:15 PM, we will resume the meeting and at that time, it is my expectation that we will be calling each matter, allowing anyone who wants to make a one minute brief statement, then hearing a motion to continue that matter to the next available meeting. We do apologize; we try to keep to our agenda and move all matters forward for the applicant’s betterment and for the benefit of the city. However, there are times when a delay is more appropriate to give each applicant and any public member who wishes to comment a full ability to be heard. Anyone who would like too is welcome to re-enter the meeting at 7:15. I would ask that you check and verify the rescheduling on the city's website, where the zoning board posts its agenda, the meeting date and the time will be listed. CASE No. APPLICANT PROPERTY TIME ZBA-2022-21 Tara Pena 447 WATER ST 6:00PM Review of a Special Permit under §181.94 of the Fitchburg Zoning Ordinance to continue the business operation of an Auto Dealership and Repair pursuant to §181.313D11&12 located in the Neighborhood Business District Map 95 Block 59 Lot 0 CT – On this matter, I have received a communication by which the applicant or the permit holder has agreed to a continuance to the next meeting which is April the 11th 2023. CT - Any person here wishes to make a comment on the matter please raise your hand - None JB – Motion on ZBA-2022-21 under §181.94 to continue this Review to April 11th, 2023 BG – Motion Seconded Roll-Call Vote 4–0 to continue this Review to April 11th, 2023 ZBA-2022-05 AG Dream Flip LLC 83-85 MARSHALL ST 6:15PM Review of the 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 – If any member of the public is here to make a comment please raise your hand - None CT - We have not received any communication from this permit holder, but it is a review so we may continue. I will make a brief comment that there appears to be not much progress, and there does seem to be some compromise of the integrity of the supporting wall. So, I would like to see the applicant or the permit holders strengthen that wall. EC - Motion on ZBA-2022-05 under §181.3366 to Continue this matter to April 11th, 2023 BG – Motion Seconded Roll-Call Vote 4–0 to Continue this matter to April 11th, 2023 ZBA-2023-02 Maitland Ishmael 479 Water ST 6:30PM Continuance: Special Permit under §181.3332 of the City of Fitchburg Code to reinstate a vacant/abandoned building from one nonconforming use to another less detrimental nonconforming use as a duplex units pursuant to §181.313, located in the Neighborhood Business District at Map 96 Block 5 Lot 0 CT – If there is any person here from the public who would like to comment please raise your hand - None JB - Motion on ZBA-2023-02 under §181.3332 & §181.313 to Continue this matter to April 11th, 2023 EC – Motion Seconded Roll-Call Vote 4–0 to Continue this matter to April 11th, 2023 ZBA-2023-10 Lewis Colten 21 UNION ST 6:45PM Special Permit under §181.94 of the Fitchburg Zoning Ordinance to reinstate and change the use of a vacant/abandoned building from a church to a single-family dwelling pursuant to §181.333 located in the Residential C District Map 44 Block 141 Lot 0 The presentation was given by Lewis Colten (Petitioner), stating that this was an abandoned building that we're trying to bring it back to the neighborhood. Prior use was a church and we want to reinstate it as a residential use. Our issue here that the folks that are selling this are bound by a scheduled closing, and they have another property and it’s creating quite a difficult hardship. Is there any special opportunity to have this heard possibly earlier on? CT - We would need to make an arrangement on space and ability to broadcast, we have our alternate meeting date on Thursday and that is going to be entirely occupied by another case that we are hearing. Mr. Barbadoro I don't see any opportunity to hear it before April 11th, if you have any comment on that? Commissioner Barbadoro - You have exactly one hour for the Special hearing, and I doubt you'll be able to even finish the case that you've got. 2 CT – Agreed! Thank you Mr. Colten, I appreciate the concern and the request but unfortunately, I don't believe that we're able to accommodate it. I wish it were otherwise. We had planned to hold this meeting remotely and unfortunately, it did not work out. JB - I didn't see a parking plan on the application. Did I miss it or is there none? If there is, none he's got to get one before we can have a hearing on that LC – Yes, there is no parking on the site, which will have to go back to what I understand from a discussion with the building commissioner that free parking for a unit is permitted. CT - Mr. Colten, briefly for the next hearing the concerns from the Board were parking or arrangements for off-street parking. Across the street is a larger student housing facility, the second option might be the train station parking garage, that is nearby. Whether or not it's a requirement, it's a concern. A second concern that we note is that there are seem to be some slates that are falling from the roof, and hitting the neighbor’s property. So, that’s a matter of addressing a safety issue. Commissioner Barbadoro - The applicant and I had discussed the fact that the there was a church, which was a by right use. It was a church without a parking lot, so a house may be less detrimental to the neighborhood in terms of parking. So, that was something for the board to consider, but off- street parking requirements for both. The question before the board if the applicant is unable to provide parking, would it be better off as a single-family dwelling or is it better off staying as a church. In fact, it is a use that requires a special permit with the zoning board of appeals, because the building is non-conforming. The Board needs to do a Section 6 finding, and you need to make findings based on section 94 but not to weigh in either way. CT - Is any member of the public who is here to speak on this petition, if so raise your hand – None JB - Motion on ZBA-2023-10 under §181.94 & §181.333 to Continue this matter to April 11th, 2023 BG – Motion Seconded Roll-Call Vote 4–0 to Continue this matter to April 11th, 2023 ZBA-2023-11 John Rodriguez 88 ASHBURNHAM ST 7:00PM Special Permit under §181.94 of the Fitchburg Zoning Ordinance to reinstate and change of use a vacant/abandoned building from single to two-family dwelling pursuant to §181.333 located in the Residential B District Map 174 Block 49 Lot 0 CT - After examination, this matter did not require attention from the ZBA, this property was not non-conforming and the use that was contemplated is allowed by right in the district. Question was given to the building department, and answered in the affirmative. Therefore, the petition was withdrawn ZBA-2023-12 Mina Ghobrial 219 HIGHLAND AVE 7:15PM Special Permit under §181.94 of the City of Fitchburg Code to reinstate the variety convenience store and add a package store to serve beer and wine in the existing pizza store pursuant to §181.313 located in the Residential B District Map 22 Block 16 Lot 0 CT - Is there any person here from the public who is wishes to speak on the matter, if so raise your hand – None 3 CT - I'm going to note that all the persons before us tonight, did receive a notice of the issues we were experiencing. On this matter, I think there may be an issue with the parking, so I would like to see the eight spaces that are required under the existing variance on the property. I also think with some moving of the dumpster that they probably can accommodate the eight spaces that are required. BG – Visited the property to look the square footage that it’s actually talking about, for the variety store. I couldn't access through the main door way, because the vending machines were sort of acting as a barrier to the area. The applicant took me through the kitchen, and noticed the kitchen was the maculate condition everything was as it should be. The area in question the petitioner is using it, as a storage area. He explained to me that he's paying for the square footage; therefore, he would like to utilize it by benefiting the area to make it a convenience store. I believe that 8-parking spaces are doable, you said perhaps moving the dumpster could make the legal spaces CT - The package store part of it, concerns me. The convenience store part of it does not. Given that it's servicing the college area. For the next meeting, I would like to see some information on parking. Whether the parking requirement under the last permit is being met. I would like to hear the college's thoughts on that, if they have any opinion one way or the other. CT - Is any member of the public who is here to speak on this petition, if so raise your hand – None JB - Motion on ZBA-2023-12 under §181.94 & §181.313 to Continue this matter to April the 11th, 2023 EC – Motion Seconded Roll-Call Vote 4–0 to Continue this matter to April the 11th, 2023 ZBA-2023-06 Veronica Greene 220-222 CLARENDON ST 7:30PM Continuance: Special Permit under §181.94 of the Fitchburg Zoning Ordinance to change a nonconforming use to another more detrimental use from a two-family onto a 3-family dwelling pursuant to §181.332 located in the Residential B District Map 90 Block 49 Lot 0 The presentation was given by Veronica Greene stating, what we are trying to do is convert our two-family home into a legal three-family home for my elderly parents. To be able to keep them close, have a safe environment for them and be able to maintain their independence. I am my mother's personal care assistant, and she lives almost an hour away so to have her close would be beneficial for all of us. CT - Is any other person of the public who wishes to speak, if so please raise your hand – None CT - I am going to note to the board members that we did receive a parking plan from Ms. Green, and for the applicant’s knowledge. We did receive two letters in opposition to the petition; normally I would read them into the record. I'm not going to, due to the strenuous weather circumstance we are experiencing tonight. However, this is a public record and you may request a copy of those communications, and we will be discussing them at the following meeting. JB - Motion on ZBA-2023-06 under §181.94 & §181.332 to Continue this hearing to April 11th, 2023 BG – Motion Seconded 4 Roll-Call Vote 4–0 to Continue this hearing to April 11th, 2023 ZBA-2023-09 Ruth Guzman 324 LUNENBURG ST 7:45PM Special Permit under §181.94 of the Fitchburg Zoning Ordinance to reinstate a revoked Special Permit for the reinstatement of a vacant/abandoned building as a 3-family dwelling pursuant to §181.336 located in the Commercial District Map 36 Block 15 Lot 0 CT – Is any person of the public who wishes to speak, if so please raise your hand – None EC - I'm disappointed that the applicant did not show up to speak, I understand that there's been some extenuating circumstances, but they miss a lot of the other meetings and that's why the permit was revoked. I would think that the urgency would be here this time, but I understand that the weather is complicating a lot of things. Even though that outside of our area there is no snow, we don't know where she lives, but in some places isn’t any snow CT - I very much understand the petitioner not making it out here in person, I'm not sure why they are not able to call in and it does and continue a pattern of behavior. Although, I do know that the applicant was actively communicating with Miss Mata (Zoning Secretary) in the days prior to the hearing, on some questions that were raised. I believe that all owners of the property have now signed the special permit application, which was an issue and the copies of all deeds up to current have been provided. Briefly, I am going to make a comment, it doesn't seem like this is a priority for the applicant. And I wish that were not the case, but I am open to hearing about any extenuating circumstances that apply to the absence today, given the weather. Our April agenda is up to capacity at this point, so we would have to give the continuance to May 9th, 2023 JB - Motion on ZBA-2023-09 under §181.94 & §181.336 to Continue this matter to May 9th, 2023 BG – Motion Seconded Vote by roll-call 4–0 to Continue this matter to May 9th, 2023 7. MISCELLANEOUS 8. ADJOURNMENT 7:52 PM Meeting adjourn 5