Zoning Board of Appeals

FITCHBURG CITY CLERK ZONING Board of APPEALS Oct 07 2024 10:10 am 718 Main Street – Suite 201B Fitchburg, MA 01420 MEETING MINUTES – Tuesday July 09, 2024 Zoning Board Meeting will hold a public hearing in the Legislative Building at 700 Main Street. Note: This was a Hybrid meeting, broadcasting and recording by FATV! 1. Call to Order Christine Tree PLEDGE OF ALLEGIANCE ALL 2. Communications Christine Tree 3. ATTENDANCE: Christine Tree (Chair), Michael McLaughlin (Vice-Chair), Joseph Byrne (Clerk), Brian Gallagher, Robert Talbot & James Reynolds 4. Hearings: Started at 6:12 PM CASE No. APPLICANT PROPERTY TIME ZBA-23-27 Mark Brideau 0 COBBLER DR 6:00PM Review of a Special Permit under §181.313E5 of the Fitchburg Zoning Ordinance to open a contractor’s yard and erect a 4000SF steel building to be used for storage pursuant to §181.94 located in the Industrial District Map 114R Block 10 Lot 1B Present was Mark Brideau (Owner & Permit Holder) Lancaster resident stating that, about 2-3 weeks ago we had started to dig and level for the foundation. At the time they dug the footing area some inappropriate material was discovered, we had to get an engineer last Thursday and received the approval from the Building Department that based on those tests we can go ahead with the work. It got delayed for couple of weeks because of all that, and they had to reschedule everything so we will actually be starting this week. They should have the footings poured and progress, the building is laying on site, so we're this close. CT - On the assumption that there's no other unexpected findings during the construction process, what’s the estimated time to completion? – MB - I'd say some time in October. CT - Review the conditions of the Special Permit, #1 - The project to be completed within 12- months of the date the decision was filed with the City, which was in February. Did you go for site plan approval, before the Planning Board, and any conditions within that site plan were to be incorporated into the special permit. – MB – Yes CT – Condition #3 - The existing chain link fence bordering Cobbler Drive shall be replaced and the new chain link fence kept in good repair. What is the status on that? – MB – It hasn’t moved yet, because we're waiting to the ground gets moved. CT – Condition #4, construction is in conformity with the plan submitted and dated September 5th 2023. Were there any major changes? – MB - No changes CT - Condition #5, landscaping installed along the chain link fence bordering Cobbler Drive, but I think that's fence first and landscaping 2nd. – MB - Why would I have to put a chain link fence back up versus landscaping trees? CT - First of all, the Board can impose conditions as part of its decision process, and various members have various reasons for voting for a condition. I can tell you that my motivation in voting for that particular condition was that it's a contractor’s yard and there are dangerous tools and equipment. I did not want any unauthorized persons, particularly children, to wander in there and hurt themselves, and thus the fence in good condition seemed an appropriate condition to impose, particularly where the prior fence was in less than good repair over time. Condition #6, exterior storage to be located near the rear of the property line, and #7, site to be kept clean, and free of construction debris during construction. When I visited the property over the weekend, there was a large amount of like rubbish and trash debris glass broken in the street right going into the entrance and overgrowth in front of the chain link fence. – MB - The overgrowth should come down with the fence that's part of the plan, and the rubbish that's in the road, my own to clean the street from the waste management from wind waste. CT - Is there any person present who would like to make a comment on, for, or against this review? None Ct - Is there any person virtual? None Mr. Commissioner - Mr. Brideau as he said, he applied for his building permit. I have tentatively authorized him to start foundation and framing, we're still waiting on sign offs from a couple other departments, and we have a bunch of different submittals before he can actually get his full building permit. Mr. Byrne, Mr. Talbot, Mr. Gallagher – No questions for the Permit Holder MM – I visited the property as well, and didn’t see any rubbish. It's going to be outside storage, once it's completed. – MB – Yes, it's the same pipe business that is there, currently. We are moving a tenant from my building into his own building. CT - The permit holder has indicated an expected completion date of October; I would like to see him once the building is completed to make sure that all of the conditions have been completed. Board Members indicate whether a November or December be preferred. – JB - Why doesn't he notify us when he is completed, so that we could set up a hearing for him the next month after he is finished. CT – So, with that suggestion the burden would be on you, to schedule a hearing with us. However, I don't want to let it go forever, so we would set a date that is over the one year mark, and that would be March 11, 2025. Permit Holder would need to give us adequate notice, so about a month for publication/advertisement. JB – Motion in the affirmative on ZBA-23-27 under §181.313E5 & §181.94 to Grant a Continuance on the Review to March 11th, 2025 with conditions: 1. Project to be completed within 12 months of the date the decision is filed with the City Clerk. 2. All Planning Board conditions of the Site Plan, if approved, to be incorporated as a condition of this Special Permit. 3. The existing chain link fence bordering Cobbler Drive shall be replaced and the new chain link fence kept in good repair. 4. Construction is in conformity with the plan submitted and dated September 5th, 2023. 5. Landscaping to be installed along the chain link fence bordering Cobbler Drive. 6. Exterior storage to be located near to the rear property line. 7. Site to be keep clean and free of construction debris during construction. Review – March 11, 2025. (Review dated modified 7/9/2024) BG – Motion Seconded Voted 5–0 to Grant a Continuance on the Review to March 11, 2025 ZBA-2023-12 Mina Ghobrial 219 HIGHLAND AVE 6:00PM 2 Review of the Special Permit under §181.94 of the City of Fitchburg Code to reinstate the variety convenience store in the existing pizza store pursuant to §181.313 located in the Residential B District Map 22 Block 16 Lot 0 Permit Holder appeared virtually to speak on the petition stating that, due to some family issues I haven’t been able to open the convenience store. I did all the steps this Board asked for, and the only missing piece is the parking plot plan. I submitted a new updated plot plan, but I think with no drawing of the parking. Right now, I'm not able to spend between two or three thousand for the parking plan. In addition, I'm trying to find the right people to manage the store, because the pizza shop and the kitchen are currently doing great, and trying to keep my customers happy in compliance with the food code regulations. CT – So, altogether, you're trying to find good people to manage another store, you've been busy and had family issues and haven't been able to get the parking plan submitted. Do you have any planned date at which you're going to be able to proceed with the store? – MG - I would like as much time that the board allows me, because I'm trying to make it good as much as I can, as I am doing with the kitchen Mr. Commissioner - Just reiterating what Mr. Ghobrial said, we haven't received any building permit applications or anything for that work and haven't seen any of these plans which lines up with what he was saying. Makarios’ does have an existing certificate of occupancy and certificate of inspection and nothing for the convenience store. CT - Is there any person present or virtual who wishes to make a comment on this matter? Mr. Cordio – On this gentleman's defense, I bought campus pizza back in 2016, and when I purchased it, we had the variety store. In 2018, we did away with it, because we wanted more room for the students, so we pushed coolers back for more seating. We were very busy at the time, so I grew up on highland Ave. so I started working there when I was about 12 and there was always a variety store. In the hindsight, I would have never got rid of it when I sold it to Mr. Ghobrial, and that is a very important part for the college students, because a lot of them don't go out in cars they're walking down to the CVS. When they can walk to the top of the hill, and get the basics. I just wanted to say that on his behalf. Mr. Byrne, Mr. Talbot and Mr. Gallagher – Had no questions for the Permit Holder. MM - He has two years to start with the special permit process. – CT – Yes, July 2023 the special permit was granted MM – So, maybe we could put this matter for a year review. – CT - I agree. I'm also inclined to put this off to the maximum date, and if you are able to satisfy the conditions before then and to come back to the board before then. However, until such time that you've satisfied the conditions you won't have the ability to get the certificate of occupancy. JB- Motion in the affirmative on ZBA-2023-12 under §181.94 & §181.313 to Grant a Continuance on the Review to July 8th, 2025, modifying condition #9 1. No on-site service after 11:00PM in compliance with the ABCC. 2. Petitioner shall not operate as a package store, so-called, for the sale of alcohol to be consumed off-premises. 3. Any conditions from the License Commission as to the on-site beer and wine pouring license shall be incorporated into the special permit conditions. 3  4. Dumpster to be moved to the rear corner so as not to impede the flow of traffic through the parking lot. (Satisfied) 5. Hours of Operation 11:00AM – 9:00PM Monday through Saturday closed on Sundays. 6. Parking spaces to be striped and directional arrows painted on the pavement indicating that traffic would enter the parking lot from Pearl Street and proceed one- way around the building exiting onto Highland Avenue. (Satisfied) 7. Special Permit decision to be recorded at the Registry of Deeds and a copy of the recorded Special Permit to be provided to the Board prior to the review meeting. (Satisfied) 8. The certificate of occupancy for the convenience store use shall not be issued until the parking plan has been submitted to the ZBA depicting eight dimensionally compliant parking spaces and the ZBA has held that this condition has been satisfied. 9. Review – July 8, 2025 (modified 7/9/2024) BG – Motion Seconded Voted 5–0 to Grant a Continuance on the Review to July 8, 2025 ZBA-2023-08 JoAnne Hamberg 1341 RINDGE RD 6:00PM Review of the Special Permit under §181.94 of the Fitchburg Zoning Ordinance issued after remand from the Worcester Superior Court Zoning appeal, CA No. 2385CV00600 – A, by consent of all parties, and by Order of the Court, to the Board of Appeals, dated September 27, 2023, pursuant to §181.332 located in the Rural Residential District Map MBL 69R Block 8 Lot 0 Present were JoAnne Hamberg (Owner & Permit Holder) and Atty. Louis Levine (Representing the Permit Holder) stating that, per the Board’s last request we've done the dust mitigation has been maintained, porta-potty on site, erosion control been installed and maintained as needed. All drainage system has been installed and water diverted from the abutters’ land to our detention pond. Excess material has been removed with the exception of about 1000 to 2000 yards of screened loom, which will be used on site. The final three homes, one and a half of the homes is on site and in the process of being assembled. We've roughly graded all the roadways, installation of all the utilities for each home site has been completed along with the remaining concrete slabs. Remaining roads are paved along with the existing home driveways, there are three driveways that still need to be paved after the final assembly of the homes. All the homes and the last three final driveways will be installed, and completed by the deadline of November 20th, which was set on the special permit recorded on 9/27/23. The conservation easement agreement was recorded on April 9th, 2024, the permit for the recreational building has recently been approved and we have begun construction of the foundation. The existing ledge has been exposed, due to the fact; that we are no longer allowed to blast or hammer. We've hired pro cut concrete cutting and they have been out there cutting the existing ledge, and we also have Samson concrete foundations who are scheduled to start the installation of the on the third week of July, and our goal is to have the community building finished by December 31st and ready for occupancy. CT – So, the condition was to have the recreational building completed by July 1st. – JH – Yes, and I explained to the last meeting we were still waiting on our building permit, and we've recently received it. CT – Why December 31st? – JH - We need time to build it, if we can do it sooner, we will. I would love to have permission to bring my hammer back in, but without blasting or hammering it's going to take a while to cut that out. It's going to come down almost 3 feet before we can put the foundation and all the utilities. 4 CT - You had a question. – Atty. Levine – A suggestion, the hammering would speed things up. Hammering is not permitted, but if the board would be willing, we're only looking to hammer for a week, and you can set hours on that. CT - Can you project the improved completion date, if there were hammering allowed – JH – No, it’s still going take time CT - The conservation easement has taken care of, which is good. CT - Did you provide the notice to all drivers regarding not overloading the bridges – JH – Yes, we even put up a sign and told all the drivers CT - Did you give a copy of the notice to the Building Department – JH- No. CT - Did you give a written notice – JH – No, I can put something in writing CT - Could you submit a copy to the Building Department? Then we can consider condition #9 satisfied. CT - Condition #14 is outstanding, and that's the recreation unit. Conservation easement has been recorded, so #19 has been satisfied. We have, other than ongoing conditions, at least two outstanding. The three paved driveways to be paved once the homes are placed, and completion of the project by November 20th, and also the hold on the final two units until conditions 19, 20 and 24 are met. – JH – The occupancy was released because I met all the conditions through December. CT - There was a modification, the building permits were released on all of them, but the certificates of occupancy were held on the final two. – JH – They have been sold, and my understanding is, if it was all satisfied I could move forward with erecting and selling those buildings. CT - Erecting yes, and it’s in the written decision from the January 9th, meeting. Mr. Commissioner - An update, we still keep getting complaints about the stormwater out at the end of the cul-de-sac. It's quieted down recently, and we haven't had terrible rains I guess, other than last week and we didn't get a complaint on that. I know Mrs. Hamberg has been working with the engineering department, and with her engineer to address any of the issues. She is actively working with the city, but I wouldn't necessarily say it's closed as of yet until we get something from engineering saying it is. – JH - I have reached out to engineering and invited them out multiple times, I spoke to Ryan and he had acknowledged that it looks like its working fine, and my engineers have also been out there to make sure that it's working properly. CT - I realized Mr. Commissioner we continue to receive complaints, and I do look forward to DPW circling back for what I have observed on Sunday, which followed two days of very large rainstorms, and I did not see any standing water in the area where the drainage was. CT – We are now open for any public comments. Councilor Fleming, as I'm listening to this meeting, I got a feeling that she was going to be asking to blast again, and I urge this Board to not allow anymore blasting. We promised those residents up there, that it was going to end and I hope we keep to our word. – JH - The blaster would have to obtain permits, which would take longer. So, we're not going to blast CT - It was rock hammering that was requested. – JH - If you're okay with it, if not we'll just keep going. Mrs. Deschamps of 1307 Rindge Rd. a direct abutter and I understand that it would help facilitate, if they could do some hammering. However, when they were asked, if they would complete the date earlier than December 31st, they said no. So, I'm down in agreement that you should have that leeway of having hammering, it's actually been much more pleasant in this area without that hammering and without blasting. 5 MaryEllen Christian of 71 Bennett Rd. I am agree with what Mrs. Champs said. You did promise the residents that there would not have to deal with any more hammering or blasting, and I have little sympathy when this recreation center. It should have been done, and was planned back in 2006 and 2010. As far as meeting deadlines, I think we're way beyond. So, I hope that the board considers keeping their promise on keeping the place quiet with no more both blasting and jackhammering. On our water issue, I believe the Building Commissioner said that they were still watching it, so I was hoping that it would not be signed off on yet, because on Sunday after the rain on Saturday; and we haven't had any significant rain since that modification was done. So, I don't think it's fair that it's looked at with the engineers, until after a significant rain, but it was wet on our side on Sunday morning. It wasn't a big pool, but it was certainly wet, and as I've said before that area was never wet. Vegetation is still dead, it is upland vegetation that does not grow in any wetland, so I ask the board to please consider making sure that the engineers are there after a significant rainstorm. Mr. Byrne and Mr. Gallagher – No comments RT - How many days of hammering do you expect? – JH - We hope to get it done in less than a week, but no it depends on how soon we can get the machine there RT - Did they give you a projection on how long the cutting is going to take – JH – No MM - I believe at the last meeting we were going to rely on a site visit from Commissioner Erickson (DPW), and a written response from him stating that the drainage was sufficient in the design, so I'd like to see that. I think that it's unfortunate; it's going to take a little bit longer, but 10-years of the jackhammer. We can't go back down; I think we owe it to the residents, so I have to be respectful to the decision. – CT – Drainage is condition #10, so we would need some further feedback from the City as to whether or not it’s been satisfied. On the certificate of occupancy being held on the last two units, which were for conditions 19, 20 and 24 being satisfied, and those have been done. Does any Board Member have any objection to noting those three conditions have been satisfied. MM – No, but I do want to make sure #10 doesn't become a long waiting issue in the meantime if the project is finished. – CT – Certainly, but we have a condition stating that the certificates of occupancy will be held until those three conditions were satisfied, and I do believe they have been. At the same, time it’s disheartening to hear that the recreational unit will not be completed until December 31st, which is a major component of the enjoyment of the facility by its residents. There are some outdoor components, an outdoor pavilion, a bocce ball court that's been installed. We've tried to balance the competing needs of the residents and abutters, and it’s a concern that none of them are here or have come to comment. However, the homes that are being built for sale are ready to be completed, but the recreational building is not. I'm not willing to hold the additional occupancy permits, because I think that we set forth a clear boundary and it was met. At the same time, we set forth a clear time limit on the recreation building and it was not satisfied. – JH – I will do everything I can, to hit the November 20th, but I don't want to set unrealistic expectations. We've brought in a lot of extra help to try to meet the deadlines, but it takes time, this is a big building we're putting up it's 30 by 70. It's not a 24 by 48 manufactured home that we can put together in two weeks. There's a lot involved, I am doing everything, I am trying very hard and I hope that you'll work with me. Mr. Commissioner - To address Mr. McLaughlin's comment about the engineering department, I actually went out there with Nick Erickson, Ryan Colleen and Herlin the conservation agent a few months ago. Herlin agreed that is outside the conservation commission's jurisdiction in that area, so it was left to the engineering department. They came up with a plan with the engineers, the issue is that it didn't work as well, it wasn't as effective as anticipated, but they've made multiple modifications since then. I haven't heard anything recently from them. 6 CT - Is there any further discussion on this review, or any suggestion about a resolution regarding the recreational building timeline. – MM - A new added condition with regards to making sure that it gets completed before everything is released. CT - I'm inclined to entertain a motion that conditions 19, 20 and 24 have been satisfied, and that the Certificate of Occupancy have been released. I'm not inclined to extend the deadline on completion of the recreational building, I'm not in charge of the consequence of that, but I am not inclined to consent to a December 31st deadline. – Atty. Levine - I can suggest that perhaps, if you consider reviewing the status of a recreation unit in two or three months rather than at the end of the project, September or October so the owner should do as much as she can. Obviously, if the Board see progress and is happy, and if you see no progress you'll be unhappy. That's assuming we don't have a COVID again or something like that, and then the onus is on us to get it done. CT – So, the summation of that suggestion was a September 10, 2024 review date. MM – The recreation building was supposed to be done for 4th of July, and all the homes will be in and completed by when? – JH - Hopefully before November 20th, by the end of October, if not sooner MM - I'm concerned that a lot of the focus is on getting those done, but we're kicking this can down the road. Back in April or May when we visited the site, everything was dug out and ready to be cut. – JH - I didn't have a permit, and I made an appointment to meet with Felix to go over the plan. So, we did finally get our approval sometime in June. Mr. Commissioner - Before they applied for their permit, I did meet with Mrs. Hamberg and her husband to discuss the project and then they submitted the plans. It took me under a month to review the plans for the project, and there were a number of issues with it. They responded back about 15-days later, I responded back to them less than a week after that. We went back and forth a number of times with issues, and questions. They applied on April 1st, and the permit was issued in mid-June. It was actually fairly expedited process, for getting this permit issued. – JH - I'm sorry I didn't mean it that way, I'm saying is he's really busy and he did a great job, it just came out wrong CT - Again the business that we can resolve today, is 19, 20 and 24 being satisfied, and there's certificates of occupancy being released as stated in the condition. I'm going to note that condition #10 & 14 are not yet satisfied, noting that the permit holder has made efforts to satisfy. I am not inclined to modify the decision to allow for rock hammering. – Atty. Levine - We withdraw the request CT - Not inclined to modify the deadlines, I'm looking for the September 10th, review date. MM – Would like to add a condition, that occupancy for 2-unts be withheld until condition #10 and #14 are satisfy. - CT - I heartily agree with your sentiments and have concerns about the satisfaction of condition #10 and #14 in timely manner. However, we had already stated the resolution MM - Only recommending a reasonable condition to make sure the project gets completed, so maybe one unit JB – Motion on ZBA- 2023-08 under §181.94 & §181.332 to Grant a Continuance on the Review to September 10, 2024 Voted 5-0 unanimously Grant the Continuance on the Review to September 10, 2024 JB – Motion in the affirmative on ZBA-2023-08 under §181.94 & §181.332 Findings that Conditions #19, #20 and #24 have been satisfied 7 Vote 5 – 0 unanimously vote on the Finding that Conditions #19, #20 & #24 have been satisfied JB – Motion on ZBA-2023-08 under §181.94 & §181.332 to Add Condition #27 that the Certificate of Occupancy on One Unit shall be Withheld until conditions #10 and #14 have been satisfied. Voted 4–1 to Add Condition #27, therefore, Condition #27 was added under a supermajority vote. 1. No blasting or rock crushing may be conducted on site. No rock hammering, and no screening or other processing of earth materials may be conducted on site, after December 31st, 2023. 2. No earth removal, as defined in the zoning ordinance, may be conducted on site. 3. Applicant may construct no more than seven additional residential units, according to the August 13, 2023 Dillis & Roy plan as modified on September 13, 2023 – Sheet C2, with Unit 22 on the plan (closest to the turnabout) to be turned to provide the shortest connection distance to utilities. 4. Hours of construction are limited to Monday through Friday 8:00AM to 5:00PM; no construction work on Saturdays, Sundays or Holidays. 5. The applicant shall employ dust mitigation measures during construction and regrading. 6. Not to be operated as a public nuisance. 7. Site to be kept clean of construction debris and dumpsters to be emptied regularly, and all stored construction equipment be moved to the end of Nijal Ct., during construction. 8. On site toilets to be provided for all construction workers 9. Applicant shall notify drivers of any construction vehicles servicing the property not to exceed the weight limit of the Rindge Rd. bridge or any other bridge in the area, and shall provide a copy of said notices to the Building Department within 30 days of the date of the original decision, or at such times that the construction vehicles are hired thereafter 10. Drainage to be diverted from abutter’s property per Dillis & Roy plan dated August 13, 2023 and screening provided, both to be constructed and maintained pursuant to the requirements of the Conservation Commission, DPW and DEP. (Not Satisfied as of July 9, 2024) 11. The following work shall be completed by December 31st, 2023: (Satisfied) i. Remove existing stockpiled excess material so long as the same does not constitute earth removal as defined in the City Ordinance, but no loam may be removed from the property. (Satisfied) j. All rock hammering on site shall be completed. (Satisfied) k. All processing of excess material, which is limited to screening, to be completed. (Satisfied) l. Rough grading of the road and installation of utilities and drainage in the road according to said Dillis & Roy plan dated August 13, 2023. (Satisfied) m. Paving of the driveways on existing homes. (Satisfied) n. Regrading of all home sites, including rough grading on new sites, on the premises (Satisfied) o. Any erosion controls required to prevent further erosion of the existing slopes to be placed as necessary, and any degrading ledge shall be evaluated by a design professional and stabilized in accordance with their recommendations. (Satisfied) p. Outside perimeter of the project area to be re-graded, loamed, restored and seeded, preferably in the style of the natural rural character of the area prior to construction. (Satisfied) 8  q. Operation maintenance plan of the storm water drain system to be filed with the DPW and to be updated at least every three years. (Satisfied) r. Applicant shall be subject to a daily fine of $300 if all of the above items are not completed by December 31st, 2023. (Resolved) 12. No building permits for any additional manufactured units to be installed on cement pads shall issue until Condition 11 has been satisfied. (Released 1/9/2024) 13. All remaining home pads and final connections for laterals and electrical utilities to be installed and the road paved by July 1st, 2024. (Satisfied) 14. The Recreation Unit servicing the development residents shall be completed and open for use by the residents by July 1st, 2024. Recreation building to be at least 28 feet by 48 feet and consistent in design with the remaining neighborhood structures. (Not Satisfied as of July 9, 2024) 15. All manufactured home units shall have been installed and the project completed by November 20th, 2024. (In Progress) 16. Special permit to be recorded within 60 days of the original decision. (Satisfied) 17. Permit holder shall maintain all of the ways depicted on all plans that are subject to this special permitting as private roads and not as public ways. Permit holder shall not petition for acceptance of the private roads as public ways by the City. 18. Failure to maintain the integrity of the pavement in the road and infrastructure, water, sewer, storm water and electric systems, as well as plowing shall subject permit holder to a $300 fine per day for violation of conditions 19. Permit holder and property owner shall convey and record a conservation easement over the unbuilt land at the northeast perimeter of the premises encircling the turnabout at the end of Nijal Court to a nonprofit entity or an abutter with no financial interest in the premises, which shall at a minimum prohibit development of that area, or improvement except as depicted on said plan. This easement shall contain or be appended to an engineered or surveyed plan depicting the exact area of the easement. (Satisfied) 20. This easement in executed form shall be submitted to the Building Department and the Board no later than January 4th, 2024 and shall be recorded at the Registry of Deeds by January 9th. Violation of this condition shall constitute sufficient grounds for revocation of the Special Permit by the Board (Deadline extended – see Condition #24) (Satisfied) 21. Review date – September 10, 2024 22. No further fines beyond the initial $300.00 assessment should be assessed to the permit holder for violation of the conditions so long as she continues expeditiously to seek approval, execution and recording of the conservation easement, and satisfaction of all other conditions of the special permit. 23. A site visit during the month of April shall be scheduled by the permit holder through the Building Department for the Board Members to review the issue of screening for the abutters. (Satisfied) 24. Permit holder shall seek approval of the proposed conservation easement in form substantially the same as submitted to the City Council at its January 4, 2024 meeting, expeditiously, and shall submit and record the easement once approved and executed by the City, but in all cases on or before April 1st, 2024. If the City or the Permit holder fails to approve and execute the proposed easement in substantially the same form, or the Permit holder fails to record the executed easement, both on or before April 1st , 2024, the Permit holder must submit a proposed alternative conservation easement for review to the Building Department and the Board meeting the requirements of condition 19, and execute and record the same. (Satisfied) 9  25. No certificate of occupancy for the two final units on the right of Nijal Court shall be issued until Conditions 19, 20, and 24 have been satisfied. (Modified on July 9, 2024 – See Condition #27) 26. Condition #22 amended and condition #23, 24 & 25 added on January 9th, 2024. Condition #27 added by the Board on July 9, 2024. 27. The Certificate of Occupancy on one Unit shall be Withheld until conditions #10 and #14 have been satisfied (Added July 9, 2024) ZBA-23-40 Travis Beauvais 180 MAIN ST 6:00PM Review of the Special Permit under §181.313D12 of the Fitchburg Zoning Ordinance to occupy and operate an Exhaust & Auto Repair (Motor Vehicle Repair Shop) pursuant to §181.94 located in the Downtown Business District Map 56 Block 26 Lot 0 The Permit Holder wasn’t present at the hearing. No other person from the public was present or virtual to speak on, for or against the Petition. MM -The applicant is on vacation and contacted me, and asked for a continuance. CT – I’m going to engage in a brief discussion on this item, I did take a look at the existing parking striping on this case. I think it needs some modification, and there are places where the exit needs to be marked as, a no left turn on one side of the property. The striped parking was put into place when there was not a second exit closer to the train station, it does seem like there's not an adequate radius to turn. However, I think that the parking is sufficient to satisfy the required parking for the use, particularly given that there are bays on the inside. So, when the applicant next appears before us, I'm going to be suggesting some additional modifications to the parking to ensure that it complies with the new traffic flow that has been created downtown. MM - Another thing that would probably go along with it; it's a one way when you pull out. So, if we're requesting some type of signage is that something that the City is required to put in, I don't know when that curb cut was triggered by the previous owner or if the city put that in, as part of the new design plan. So, there's a lot of questions that probably need to be discussed. – CT - I think an inquiry with DPW or the police traffic section, as to what the determination was when the modifications to that part of Boulder Drive were done. It would inform our requests and also what the permit holder would need to do. JB – Motion on ZBA-23-40 under §181.313D12 & §181.94 to Continue the Review Hearing to October 8th, 2024 with conditions to remain the same: 1. No exterior storage of junk, motor vehicle parts, inoperable or unregistered vehicles. 2. Not to be operated as a public nuisance. 3. Property to be kept clean of trash, debris and overgrowth cut back and maintained. 4. Hours of operation. 7:00 AM to 8:00 PM, seven days per week. 5. Professional signage only. 6. Parking spaces to be striped by June 30th, 2024 according to the September 1st, 2017 proposed parking layout. Applicant may request modification of this provision from the Zoning Board at review. 7. Dumpster to be stored inside the structure or inside a screened and gated enclosure at the rear left corner of the property. 8. Sunset Clause – Special Permit shall expire/terminate upon the transfer of ownership of the business from Travis Beauvais or John Fitch Exhaust and Repair, LLC or a transfer of more than 20% of the ownership of the LLC. Where the records of the Massachusetts Secretary of the Commonwealth do not reflect any evidence of the 10  existence of John Fitch Exhaust and Repair, LLC, Travis Beauvais must provide proof of the creation and ownership of this LLC within sixty (60) days of the filing of this decision with the City Clerk. This provision may be modified at the review hearing to confirm, change or remove the name of the LLC as an allowed permit holder. 9. Review – October 8th, 2024. MM – Motion Seconded Vote 5–0 to Continue the Review Hearing to October 8th, 2024 ZBA-2022-13 Adam Pishdadian 76 PRICHARD ST 6:00PM Review of a Special Permit under §181.336 of the Fitchburg Code to reinstate a vacant/abandoned building and convert the use 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 Present was Adam Pishdadian (Owner and Permit Holder) stating that, CT - Mr. Pishdadian you are here for review, and from separate visits of the zoning board members, we can see that you've not satisfied the conditions yet, and need more time to complete the project. We will be discussing what a continuance would look like tonight, but we did receive a comment from the city departments and this is a serious issue. The Fitchburg Police Department reported that there is a neighbor; who has reported that you have been appropriating their electricity without consent. I know that you do not have the utilities turned on in the building, and this is a matter for the police to resolve not us, but it is a serious charge. There is a lot of danger that can happen when electricity is extended from a place that it's not meant to be extended from, and so I am going to encourage you to resolve this quickly and appropriately. If you are not using the neighbor’s electricity, you can have the Police Department, or the utility company come and look at that, and if you are please stop. CT – No other person was present or virtual to speak on, for or against the petition. CT - We're looking for the project to be completed, and we know that you have an issue with going back and forth to visit your family that takes you away for some time. If we schedule you for the October meeting, will you be able to attend? And do you believe the project will be completed? – AP – I already got the final inspection on the electricity, and waiting for Unitil to connect it. After that, it’s the final inspection for the first floor on the outlets, and second floor was already done, except two lights were missing, so he is going to put those up when he's working downstairs. Plumbing will be there Friday, and that's couple of hours of work to complete the job. Then the house is almost done to get the Certificate of Occupancy before I go back with my family. As we discuss someone from the Board could come and look at it, to approve it CT – No, I said that we could go if you notify us before the next meeting with a week or two notice, so we will be ready at the next meeting to discuss. – AP - I won't be here in September, but I'm working so hard to get it done and rent one unit. I'm going to finish the 2nd floor, to get the Certificate of Occupancy before I leave, and hope somebody could come and check it. CT - We were discussing your appearing at the next meeting remotely, and the fact that you would have to leave before the next meeting, and I said if you're done let us know. So, that we can come see before you leave; that doesn't mean that we can move up the meeting, and you are welcome to appear remotely, or talk by a phone call if you can't be here in person. So, we're going to schedule you for the October meeting. 11 Mr. Commissioner – To let the Board know that Mr. Buchanan has applied for his certificate of occupancy, and we're waiting on the sign off from plumbing, electric and all the other departments. He is making progress, and is in communication with inspectors – CT - As a reminder to the building department, the Board is holding the certificate of occupancy on the case. MM – Condition #6, on the walkway from Pleasant St., did we get a determination from the fire department that it was to needed to be there. – CT – Yes, a long time ago when this matter was new before us, the review was conducted by the new fire Marshall and the old fire Marshall together. MM - Question for Commissioner Zemel, was the bridge from Pleasant St. to the third floor rear of the house was that built in accordance to code and inspected? – Mr. Commissioner - On June 25th Mr. Sullivan (Building Inspector) wrote; the rear catwalk new LVL's existing mid-span footings railings are strong, and he uploaded photographs of that. MM - I'm not an inspector, but that quality meets code. – Mr. Commissioner - Code says in a work person like manner, and inspector Sullivan made the determination that this did meet code. I'm looking at it, a bit in the sense of LVL's on HDR, and I don't know if any LVL's are approved for the exterior. So, I will check and message inspector Sullivan, but he did do an inspection on this. Typically, this it should have been engineered, but I will check with inspector Sullivan. MM - My second concern is the completion of this project, and how do we get them to a completion state. Condition #5, the dormer and right-hand stairwell to be removed, prior to the Certificate of occupancy is issued. So, if the occupancy is issued, and then the applicant is gone for six months, we've missed another deadline and then does the board have provisions in place for ensuring that the conditions are met. – AP – It been removed CT – A suggestion, the certificate of occupancy for the second unit would not issue until those are removed. – MM - Sounds reasonable. – AP - I'm getting this place to get to live there, and I'm going to rent one unit because I have no job and I need some income. I'm going to rent the 2nd floor, and occupy the1st floor. CT - The issue with doing that is that we have asked you to do things within timelines that you have said you can accomplish multiple times, and you have failed to do so within the time that you stated. So, this Board which has a lot of sympathy for your separation from your family; we are looking at the second year of this project not being done and you needing to return for your family. We are looking for a way to make sure that the work gets done within the timeline that we've set, and not when it’s convenient for you. I think the condition requiring the second certificate of occupancy not to be issued, until you've done that removal is what is needed, at this point to ensure that you do complete it. Because you've had a lot of circumstances interrupting you and I'm sure that circumstances will continue to present themselves, that you will deem more important. BG - Motion on ZBA-2022-13 under §181.336 & §181.332 to Continue the Review until October 8th, 2024 modifying condition #5 and #11. 1. First floor to be two-bedroom, second floor to be no more than four bedrooms. 2. Project completion within 16-months 3. The front porch is to be repaired or replaced as needed 4. Granite steps to be repaired or replaced as needed and replacement to have a similar facing style. 5. The dormer and right-hand stairwell are to be removed within three months after the Certificate of occupancy being issues for the first unit. The Certificate of Occupancy for the second unit shall not issue until this condition is completed and released by the Board. (amended July 09, 2024) 12  6. The existing walkway from Pleasant St. to the 3rd floor of the structure to be removed or, if required by the Fire Department, replaced in accordance with all safety and code requirements. 7. Applicant to comply with all fire safety requests from the Fire Department. 8. To the extent the fire safety requirements conflict with a condition of this Special Permit, the fire safety requirements shall prevail. 9. The third floor is not to occupied as a living space 10. Special Permit to be recorded within 45-days or Special Permit shall expire. 11. Review – October 8, 2024 (Amended July 9, 2024) JB – Motion Seconded Voted 5–0 to Continue the Review to October 8th, 2024 with conditions ZBA-2022-33 Christopher Cordio 109 OAK HILL RD 6:00PM Review of a Special Permit to operate a restaurant under §181.313 of the Fitchburg Zoning Ordinance located in the Residential C District at Map 63 Block 32 Lot 0 Present was Christopher Cordio (Property Owner and Petitioner) stating that, I was attempting to do it all out of pocket, but I've realized it's not possible. I've obtained the paperwork to get a construction loan, and get this thing moving a little bit faster. Currently, I have a lift there to do the siding for the building; I got the plans for the flower planter boxes that Mr. McLaughlin requested from Mr. Lorigan. Once, if we do get that loan; we will be moving forward rather quickly. If not, I did get approached by a local church that wants to purchase the building; and I hope I don't have to go that route. CT - This permit was granted on December 13th, 2022. – CC – Correct and I received my building permit maybe July of 2023. I had to get some more paperwork for the building department, that's why there's a delay. CT - We were to have an onsite visit in June with you, to review the paving, landscaping plan, any vegetative screening which did not occur. - CC – I'm not going to waste your time, and have you come up when there's nothing to look at. I'm working on that, so I would recommend to come over when we're getting closer. CT - Have you been before the license Commission? – CC – No, we will once it’s closer Inside what needs to be done? – CC - A handicap bathroom. I got my first quote for sprinklers, which was $51,000 and waiting on two more quotes. CT - I would estimate you probably got $200,000 to $300,000 in other construction costs. – CC - The roof alone was $30 grand, had to replace plywood, all the siding was $12 grand in materials CT - I'm going remind you, because that you've mentioned a possible sale that we do have a sunset clause. – CC – Yes, I know CT - Construction was to be completed by August 3rd, of this year. Clearly, that's not going to happen. I like the project and the fact that the building would be renovated, and put into use again. However, I don't believe you're able to move forward with the plan and the renovation, and there are many reasons why that can happen. Sometimes we take on more projects than our plate is large enough to hold. I am not opposed to you holding the special permit and proceeding with the project, but I am opposed to it being out there forever unresolved. So, at this point I would like to discuss, whether you do want to continue to hold the special permit or whether you would want to come back at a later time when you're ready to proceed. – CC – I would like to hold it at least for a little while longer, and see if we could do get the commercial construction loan, if we do we will be moving forward rather quickly. CT - What’s the time resolution on the loan process? – CC - Mid-October CT - If you have the funds from the construction loan, what is the timeline for completion of project. – CC – 8-months start to finish, once we have that money 13 CT – No one was present or online to speak on, for or against this petition. Mr. Reynolds, Mr. Byrne, Mr. Talbot and Mr. Gallagher – No questions MM - It would be great, if you didn't use the parking lot as a contractor’s yard. – CC - I parked cars there all the time, because I want people to think we are working there all the time CT – However, Mr. McLaughlin is indicating that you don't have a permit to have a contractor's yard at 109 Oak Hill Rd. and should not be using it as such. I am close to looking at pulling the permit, because it's been so long but I want this, if it can be successful, to be successful. I don't want it to continue to be used as a contractor’s yard, October is not that long to wait for resolution on the financing, but I'd be inclined to pull the permit if it were not moving forward at that point. Does anyone else have any comment on this. – MM - In October, we're going to know one way or the other. JB - Motion on ZBA-2022-33 under §181.313 to Grant a Continuance of the Review to October 8th, 2024 will all conditions to remain 1. Paving and landscaping plan to be reviewed with onsite visit and review at the June meeting and vegetative screening to be provided between parking and the roadway, with plan to be provided to the Board at least seven days prior to the site visit. (modified September 12, 2023) 2. Permit holder is to schedule a site visit to review the paving and landscaping plan approximately one week prior to the June meeting. 3. Parking and structure to be constructed according to plan submitted dated December 12, 2022. 4. Hours of operation: 11:00AM to 2:00AM seven days a week, subject to reduction or modifications by the License Commission. 5. Any Conditions imposed by the License Commission are incorporated and become part of the Special Permit. 6. Parking area to be paved and striped and adequate to meet the needs of employees and customers, with two handicapped parking spaces to be constructed. 7. Occupancy not to exceed 150. 8. A sign plan, including design, dimensions and location, to be submitted at review and prior to installation of any signage. 9. Exterior of structure to be completely resided with siding, roof replaced and any dumpster to be screened by vinyl fencing. 10. The site is to be kept clear of construction debris, dumpsters emptied regularly, and overgrowth maintained during construction. 11. Construction to be completed by August 3, 2024. 12. Sunset Clause – Special Permit expires upon transfer of ownership from Christopher Cordio or his wholly owned entity designated to the Building Department within 30- days of the date of the decision. 13. Not to be operated as public nuisance. 14. Review – October 8, 2024 (amended July 9, 2024) MM - Motion Seconded Voted 5–0 to Grant a Continuance of the Review to October 8th, 2024 ZBA-2023-10 Lewis Colten 21 UNION ST 6:00PM 14 Review of the 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 Present were Calvin Sangster and Edwin Velez (Both Property owners) stating that, CT - The original permit holder was Lewis Colton, as he was the professional applicant from the prior owner. So, we reviewed this matter at the last hearing, and we were reviewing compliance with the conditions on the special permit. There was a particular complaint about debris being left under the front porch underneath the ladders, has that been removed? – CS – Yes CT – Condition #4, we had a question about whether windows needed to be replaced. Any windows which were not new shall be replaced, as well as new exterior doors for the exterior doors replaced. – CS - Everything is pretty much brand new CT - No occupancy permit to be issued until all conditions have been met. Certified parking plan to be submitted to the building department depicting dimensionally compliant spaces – CS - We did that I believe back in March CT - I understand that you had the property up for sale. – CS – We’re actually closing on Thursday, a very nice couple in the house with three children. Obviously, won't be renting out to college students, which is what you all were looking for. Now, we're trying to get the certificate of occupancy, we had the electrical, plumbing, building and smoke certificate sign off, so this is actually the last step. CT – There was no one present or online to speak on, for or against the petition. Mr. Reynolds, Mr. Byrne and Mr. Talbot – Had no question to the applicant BG - Nice job in general CT - The city in general appreciates that developers, or property flippers who come in and make an investment and then they need to move on to the next one. We appreciate when you complete the work in a good and workmanlike fashion, because the property is going to be with us for a very long period of time after it is no longer owned by you. So, I encourage you to continue creating a good quality of work in any projects that you have around the city. CS - thank you, we try to do a good job, put detail into each one, because I don't like people calling me later on and saying this or that’s wrong. JB – Motion on ZBA-2023-10 under §181.94 & §181.333 to Approve the Review and Release the Certificate of Occupancy. 1. Not to be used as student housing or lodging house. (Continuing condition) 2. Either a) the roof shall be removed altogether and asphalt shingles installed, or b) slate roof to be repaired or replaced and snow stops to be installed along the perimeter to limit the snow from coming down. (Satisfied) 3. New vinyl siding to be installed over existing siding. (Satisfied) 4. Any windows which are not new shall be replaced as well new exterior doors. (Modified 7/11/2023) (Satisfied) 5. The dwelling shall contain no more than two and a half baths (Continuing condition) 6. Off-street parking to be provided by leasing two parking spaces at the train station garage or other private off-street parking area, if the same can be located within 800 feet of the lot boundary line. (Satisfied) 7. No occupancy permits to be issued until all conditions have been met and an inspection conducted by the Board with review approved. (Released on July 9.2024) 15  8. This special permit to be recorded at the registry of deeds within 45 days of the date of filing with the City Clerk or the special permit shall expire. (Satisfied) 9. Review Date – July 9, 2024. (Approved on July 9, 2024 no more review is needed). 10. Applicant to submit a certified parking plan to the building department depicting dimensionally complaint spaces to the left of the building and all required approvals from DPW (Modified 7/11/2023) (Satisfied as of 7/9/2024) 11. Project to be completed in substantial conformance with the plan by T Design, LLC dated June 25, 2023 with the demolition on the left of the building as depicted on said plan. (Modified 7/11/2023) (Satisfied) 12. Permit holder may request a review hearing before the ZBA once the certified parking plan has been submitted. 13. Unless this review has been approved and/or the condition precedent to the Certificate of Occupancy has been waived by the ZBA within twenty-four (24) months after the date of the vote granting this Special Permit, this Special Permit shall expire and a new application for Special Permit shall be required for this use. (Satisfied) BG – Motion Seconded Voted 5–0 to Approve the Review and Release the Certificate of Occupancy ZBA-24-21 Lance Fraumeni 58 CASCADE ST 6:45PM Special Permit under §181.33 to reinstate a vacant/abandoned mix-use structure changing the use to another nonconforming less detrimental use as a single-family dwelling pursuant to §181.94 located in the Residential B District Map 244 Block 21 Lot 0 Present was Mr. Fraumeni (Property owner and Petitioner) stating that, as I was trying to buy a mobile home, and the real estate told me about 58 Cascade. He said it's nothing fancy, but at least it's not on wheels. So, I end up pulling the trigger on that, and there's a lot of due diligence that I had to do, I try to do what I could. Didn't seem like I knew what I was doing, long story short I ended up in a hotel for a few months. Which I could no longer afford to stay there, came back into City Hall to see if I can get some housing assistance, because I have kids they were talking about some emergency housing. We brought up the Cascade St. and all of a sudden she got involved trying to guide me to move things right along. CT - When you were introduced to this property, did they tell you that you needed to get a special permit. – LF – They did not CT - Did they say buyer beware, and it's up to you to figure out what you're going to do? – LF - Not really buyer beware, they showed me the place where you could see that somebody was living in there. There was some furnishings, a new stove, a new fridge, and until they got a deposit and the paperwork started coming; it’s where it caught my eye. I see something that said about the permit, and then I started reaching them asking what's it all about, and that's when they were trying squirrelly information. I didn't know anything, but at that point they already had my money and the wheels are already turning to try to get my money back. I was supposed to use the money to buy the trailer, and trying to keep everything in order financially. Basically, week to week, so I couldn't put out for another deposit to move forward, because this might fall apart. I didn't know what was going happening about 58 Cascade, and we had to go into a hotel room. I didn't know where to go from there. CT – So, it had already been modified to look like somebody was living there as a residence by the time you saw the property. – LF – Yes CT - The last legal use of the property was a Barber shop, as I look at this property you can see from the front it's got two storefronts with awnings, as if it were a little convenience store. But 16 you're proposing to use it as a single family home, and is there parking off the street for the property. – LF - Yes CT - How many spaces? – LF – Two CT - The building Commissioner issued a letter stating that you would need a special permit from us, to convert the property use from the Barber shop use to a single family residence, and then you need a building, gas and wiring permits from the building department. That may be because the person before you did not get permits for the work that they did on the property, and then you'll need a certificate of occupancy. Mr. Commissioner - This project has been a long time coming, Mr. Fraumeni called me to give him a definitive on whether this will be allowed, and I told him he needs a special permit. I spent a couple of hours between multiple days trying to explain to him, that he needs special permit. It's a nonconforming lot, and it's a postage stamp sized lot. Even if the use is allowed in the area, but because of all the nonconformities on the site I determined that to change the use it needs special permit approval. Where it is a nonconforming structure and bringing it to a single-family, instead of having this vacant property, our office supported this change and reinstatement. CT - Was a temporary occupancy permit issued? – Mr. Commissioner – No CT – So, is it interior modifications to the structure which were performed without permit. – Mr. Commissioner – We don’t know, what we do is to tell them that they will need to obtain building, electrical and plumbing permits, to change the use from the commercial to the residential, and he will have to upgrade some of the energy efficiency factors, and we can work with him on this. CT - The standard for us to allow the special permit is, defined that the proposed new use, which is a single family home, is not substantially more detrimental than the prior use (Barber shop) to the neighborhood. Could you offer us any reasons why it would not be substantially worse at your location? – LF - It's a residential neighborhood, so fixing it up, and it would fit nicely in that neighborhood CT - You're planning to live there with your family, not rent it out. – LF – Yes Mr. Reynolds, Mr. Byrne, Mr. Talbot BG - Are you currently living in the building now? – LF – Yes BG - How long have you been living in there? – LF - About a month BG - What are your plans to change the facade of the building, in the front to make it look more in keeping with the neighborhood? – LF - The front wall that’s there, it's not part of the structure, I want to cut that down and make it work like a residential. Change the windows, paint and dress it up a little bit, so it looks a little bit normal. MM - The only conditions that I would want to discuss, and give it some time, are to make the building look like a residential building within so many months, and then completion in a certain time frame. CT - I would agree that the use as a single family dwelling with two off street parking spaces is generally the most low-impact kind of use. While I was on the site visit, I did discuss some potential modifications on the property, and they're to the front of that false wall that makes it look like there's a second story. We discussed having the wall cut to a peak with some whatever trim is necessary applied, the removal of the awnings and the putting of some mullions and trim around the two front windows; not the side windows. Painting the front of the house, and painting the concrete steps in the front of the house. As long as there was some time to accomplish that, those were things that you would be able to do. – LF – Yes CT - How long do you think that you would need? – LF - Four months CT – So, by November? – LF - Should be fine 17 CT – There was no person present or remote to speak on, for or against the petition. Discussion; BG - I think these are all good ideas to upgrade the façade, but four months is not enough time. Perhaps a year, or so, would be more in line with a particular situation RT - Agree with that. MM – Building Commissioner said certain things are needed to bring it up to code, I don't know the answer, may or may not mean correct windows. So, also with all the unknowns maybe give him a year, but I'd like to give him time to do it right. The front façade, we would all like to see that removed, have the front siding clapboard like the rest of the building, and put in residential vinyl windows or whatever type of window. CT - I had discussed adding mullions to the existing windows, and trim around which would mean not changing the window itself, but changing the appearance. Would you find that to be within what you contemplate? – MM - We're making somebody spend money for something that what's the real value, I'd rather see the money go into energy efficient windows instead of single plate windows that don't function right. Mr. Commissioner - Converting from commercial to residential, most likely would have to go through the HERS rating process. In addition to upgrading the house, would have to have hardwired smoke and carbon-monoxide detectors. Once he has hardwired smoke detectors, we can give him a temporary occupancy and work with him over time. The windows he's going end up having to replace the windows eventually as well, he's going to have to code-wise bring it up, and we can work with him on how long it takes. – LF - As far as smoke detectors, they're all brand new CT - Are they hardwired? – LF – Yes CT - As far as being inclined to grant the Special Permit under section 181.94, are all agreeable within the proposed use as a single-family dwelling? MM - Motion in the affirmative on ZBA-24-21 under 181.33 to Approve the Special Permit with the following conditions: 1. The Permit Holder shall, prior to the first review hearing on December 10, 2024, provide a plan or list of work to restore the appearance of the façade, including windows, door, siding, roofline modification and painting in a good and workmanlike fashion, for Board review. 2. Work to be completed within 12-months from the date of the decision. 3. Review Date – December 10, 2024. RT – Motion Seconded Voted 4–1 to Approved the Special Permit with conditions (JB) ZBA-2023-15 Nadel Antonio 348 ELM ST 7:00PM Continuance: Special Permit under §181.332 of the Fitchburg Zoning Ordinance to reinstate a vacant/abandoned nonconforming mix-used structure changing the use to another nonconforming less detrimental use as a duplex pursuant to §181.94 located in the Residential C District Map 10 Block 115 Lot 0 Present was Nadel Antonio (Property owner and Petitioner) stating that, CT - You have been before us a number of times on this property. We’ve had the collapse of the building and the Board undertook the decision, because the building needed to come down for everyone's safety, and because it was also clear to the board that you were not prepared to go 18 forward, to toll any time limitations until July 31st of 2024. So, what we have been doing is holding you on pause, with the exception of making sure that the demolition occurred. Are you prepared at this point in time to move forward with the project? – NA – That’s correct CT - You have submitted a set of plans that were dated February 2nd, 2024. – NA - At the first time, I submitted them, and then I've changed some stuff around for the building department. Which they are pretty much the same; the only difference is the R-value for the insulation. CT - Please give us an overview of what you're doing. – NA - The goal would be to make this a two-family, which used to be the sauna and a cabinet making shop. I purchased and had no intention of keeping it like that, I wanted to fix it and make it as a residential duplex. Three houses down about 100-feet, I was able to purchase a lot to accommodate the parking for it. Currently, it only has one parking spot in the building itself. I know that we're big on greenery, and this property doesn't have much greenery in the front. However, on the bottom under the two doors, I can remove those gates and put some plants and stuff there, it will be more greenery in the parking spot. I'm ready to start with the project; I got the funds and the time available. So, we're ready to get that rock and rolling. CT - You said that there's a space associated with the house, and where? – NA - On the left near the red fence. MM - Maybe there's room to put a car, but I don't think there's a legal parking spot, because you require a three foot set back and a nine foot wide driveway. – NA - I think it is 9 by 18, I don't think it has a set back because it has stairs going down from existing building. I'm not going to use that as a parking spot, and that's why I obtained the lot. CT - How many bedrooms in each unit? – NA – Three (3) in each CT - How many baths? – NA - Two (2) CT - Are you going to keep it for rental? – NA - I'll keep it CT - Are you going to reside in the property? – NA - I'm not CT - Is there any change to the footprint from the prior building? – NA – No, we were using the same foundation, we'll plan on adding another floor. It had another floor in, but it was like an illegal floor CT – So, how many stories? – NA – Two (2) CT - This property was of course used as a sauna steam house. – NA – It had two apartments, a sauna and a cabinet making shop. CT - There are a number of small rooms in concrete that are still there. – NA - Which we're going to use How are you going to use them? – NA – They will be like a mud room, a closet CT - There were five or six entryway doors to these little rooms in the back, you're going to use six (6) little rooms? – NA – Yes, as stated on the plans submitted CT - The Board previously ordered that you either cap or take down the foundation, after the demolition as a safety issue, and you chose to put a flooring deck on there, as well. – NA – Correct, so that's the cap, it's all cap the top CT - I want to be clear that, we didn't order you to put that on. The choice was to do that, or to collapse the foundation and rebuild. Can you describe what's going on in the front of the house; you're going to have two entrances? – NA - Right now, what you see open will be doors and windows, a set of stairs facing each other to go up and bottoms. CT - Is the interior going to extend all the way out to where it was before? – NA – On the existing footprints it’s not going to get added, it's going to stay how it is. CT - There are three or four bollards in the front of the house, I think for protection of the utility meters. Is that where the utility meters are going back? – NA - I want to put then on the sides, but I haven't determined that yet. Currently, its 1000 amps from before, so I want to see if I can spread 19 it and do each ends; that way the front doesn't have those wires coming the way as now. I plan on keeping the bollards, for safety reasons it's a tough corner. CT - Any thought giving to creating parking on site as opposed to on the separate lot. – NA - I don't think I have four (4) parking spots to do it; I would like some of the back space to be used for some grass for them to enjoy. It'll be very tough to get something in there; I don't see that happening unfortunately. CT - I don't think it would be possible for you to put parking in the rear, because the foundation corner on the side and the neighbor has a retaining wall. – NA - The option I can do, but it would be to lift the building up and do parking on the bottom, but that's why I got the lot. CT - Another option would be to step back the front of the building, and have 4-parking spaces in the front. So, you have a foundation that seems to be compromised in a number of different places, with large holes that have been cut out for ductwork, large cracks, portion in the front is missing. The reuse of that foundation, it does not make me want to approve the project, because of the condition it's in. We are looking for people who are renovating buildings in the city, to put good workmanship into them, and that foundation is not a mark of good quality construction. – NA – Well, I'm not a foundation guy, that's not my field, but I can definitely have a foundation engineer, if it helps. Something its engineer stamp showing that the foundation is good enough. That way you can feel safer, but that's heavy concrete and the foundation I think is very strong. I know there's holes and cracks everywhere, but because we haven't fixed anything. CT – There was no person present or virtual to speak on, for or against the Petition. MM - When you first came in, the critical item we had at the time was the building was collapsing. So, we took care of that piece, you had presented a plan and the board's consensus to you was that we would look favorably upon some type of two dwelling unit. However, we didn't accept your plan; the Board also wanted you to cover what was open for safety reasons. To be real open and frank, I can't approve that project as submitted with that foundation. It needs to come down and start fresh, whether we hear from somebody that says it’s got good bones, this building was a sauna with a bunch of small 8-foot rooms in it. To have this kind of haphazardly converted into housing to me, it doesn't look like a right path for us to go down. Some of the land that got developed in the neighborhood and transformed with a combination of single-family and condos homes, and that it could be put on that property with parking in the front and create some setback. I'm not a fan of having zero set back, where the building is meets the city sidewalk. JB – I have to go along with Mr. McLaughlin, and that foundation has to go; it's too compromised RT - Have you had anybody take a look the foundation? – NA - I can have an engineer paperwork for it, and have more weight than what it's going to have now. I think what they're looking at is the walls on the side, but if you don't go in the building, you can’t see the actual foundation; those are walls that lay on top of the foundation. However, if engineer said it’s not good, then it’s not good. RT - I would agree. - I would prefer not to move the foundation over, or not to push it back. I spent $35,000 demoing it, if that never happened to the building I could have said this is how it was sold to me. It used to be used as commercial, and I want to make it residential. MM - I'm in favor of your project, I don't need somebody to come and show me a stamp that the concrete is structurally strong. Its 100 year old concrete and we're going to build a residential home that has eight cement rooms in it. – NA – So, that would be from the outside, but you have your four walls inside whatever layout we do to make that work. CT - Mr. Talbot I'm curious about whether you have any comments or questions, on the construction that is proposed, on the foundation that is there, on the inclusion of cement walled rooms in the back. – RT - The cement wall rooms in the back really have no bearing on anything that we're doing, I like the layout, the design of the building and the stand. It's kind of a tight squeeze, but if he has an architect or an engineer sign off on for the foundation and it still can be usable; why not let him use it? There are surface treatments used on the outside of the foundation, 20  to make it look more appealing. I wouldn't say go and scrap the whole thing, just because it's unsightly. BG – I associate myself with Mr. McLaughlin on this, currently the way it is with a lack of setbacks. I don't feel it's an improvement to the neighborhood. I'm not in favor. CT - This is a structure that was demoed, and we are within the demo timeline for reconstruction, if it was not considered abandoned. So, the relief and use is required from this board, as opposed to what could be done as of right, I think it's the two family use that requires the relief from this board. It's a large foundation, I would prefer that the front be stepped back to offer either green space or parking to the neighborhood and the residents of this dwelling. I am not opposed to a two- family use, and have walked the distance to the proposal parking lot. I'm not in favor of the particular design that is before us, I also want to be sure that you are ready to proceed with the project construction in an expeditious manner, once give approval. Winter is in less than six months. – NA – I can have it ready in less than 6-months, I got all of the materials to move forward. CT - The way forward for the Board is that we have to deal with the plan that is in front of us, and agree or disagree with it, but we can't make a plan that is not before us. Therefore, I need to take an indication of the Board on whether or not they would be inclined to consider approval of this plan. CT – Mr. Byrne, as an indication are you favorably inclined to approve this. – MB - No Mr. Talbot - Yes Mr. Gallagher - No Mr. McLaughlin - Not as submitted, but am in favor to make it a two CT - I would be interested in seeing the engineer’s opinion of the foundation, but this plan which is not stepped back from the street, I am not in favor of. CT – So, you've received a non-favorable indication from enough board members, to state that you would not receive a favorable vote, if we put it to a formal vote. So, the options would be to request leave to withdraw without prejudice, which means that you can come back any later point in time. You've also received indication from the Board members, that they are favorably inclined in general towards the two-family use. You can request a continuance and submit a modify plan. – NA - I feel that I have all the requirements to do this, I have the parking spot within the feet, and I’m not making this any bigger than what it was before the building had to get torn down. I don't see what the problem is, and you want the building step back. I can give you addresses for buildings that are not stepped back on that street, how we're making it better. I am making it better, because I am rebuilding it as a two-family and providing parking. So. I will do a continuance, and will involve a lawyer unfortunately. I've done everything you guys asked, I put the fence, demoed the building, and I got the parking lot a few blocks over. I'm keeping everything where it was before, I already invested money in it, so I'm trying to see what I can do to fight back and make this happen CT - It's certainly been a set of circumstances that is unfortunate, in this case. However, what I'm trying to avoid doing is taking a vote, which results in denial of the petition, it would mean a two year ban and you don't want to have that. CT – I think that we should put you to October the 8th. – NA – The sooner the better, I want to move forward. MM - Motion on ZBA-2023-15 under §181.332 & §181.94 to Continue the Hearing to September 10th, 2024. JB – Motion Seconded Voted 5–0 to Continue the Hearing to September 10th, 2024 5. MISCELLANEOUS 6. ADJOURNMENT 21