Zoning Board of Appeals

FITCHBURG CITY CLERK Nov 12 2024 11:26 am ZONING Board of APPEALS 718 Main Street – Suite 201B Fitchburg, MA 01420 MEETING MINUTES – Tuesday September 10, 2024 Legislative Building at 700 Main Street. Note: This was a Hybrid 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 4. ATTENDANCE VIRTUALY: James Reynolds 5. Also, Attended: Felix Zemel (Building Commissioner) 6. Hearings: Started at 6:03PM CASE No. APPLICANT PROPERTY TIME ZBA-23-39 Rayco Motors / Harold Mateo 447 WATER ST 6:00PM Review of a Special Permit under §181.313D11&12 of the Fitchburg Zoning Ordinance to re- establish a business as a small Motor Vehicle Sale and repair shop pursuant to §181.94 located in the Neighborhood Business District Map 95 Block 59 Lot 0 Present was Harold Mateo (Property Owner & Permit Holder) stating that, first I want to extend my apologies to you. We've had a couple of clients that have dropped off vehicles to us that have had things in the back of them, some things did not fit in their vehicles, so they put it to the side in the corner of our lot. I was away on vacation and I've just returned, but I do want to assure you that we we're going to clean that up. It had been a little difficult finding the right sort of help on the mechanical side, and on the license to sell vehicles we just got it not long ago. So, we're going to begin selling vehicles soon. CT – Reviewing the special permit that was granted on March 12th, 2024, to you as the property owner. Of course, this is on a main thoroughfare, so as Board members go by we certainly have been seeing a lot of vehicles in the parking lot. Was the business not open, and that was just storage? Or when did the business start operating? – HM - We probably have started operations about two months ago now. CT - Is the business operating there under your entity or another entity? – HM - My entity CT - You did submit pictures showing that one of the conditions was addressed, which was the removal of the protruding signpost, concrete and wires on the right hand side of the building. – HM - Yes CT - From your point of view, the work there is complete. – HM - Yes CT – Review of conditions, and the first condition is that the business to be operated according to the submitted plan, and there are two plans. One is designated “A” and the other is designated “B”, and which “B” was approved. – HM – I’m glad you brought that up, because in the registered decisions from 2018-2019, it was the other plan. I haven't put lines down because I wanted to talk to you about that, and figure out exactly the plan now. CT - In 2019, and that's about when the plan was dated (June 9th 2018) and from the notation that I have on the version, it indicates that was approved as the 2019 permit plan. They both were presented, but it was the “B” version was approved. There's a lot of parking spaces on the plan “A”, and not so much on the “B” plan; and that's indicative of what the Board approved given the size of the lot. – HM - From the earlier version from the City Clerk's Office on 2018-2019 license allows us to sell eight cars, and with this one, it's only allowing us to sell 5 cars. We're a small shop, it makes a little bit of a difference. CT - The special permit itself does not contain a specific limit on the number of cars, but it is very specific about referring to the “B” plan. – HM - Understood CT – No exterior storage of junk or motor vehicle parts and no inoperable or dismantled vehicles to be stored outside of the building, so we have few pictures about this condition. A couple of specific barrels, a truck that had all of the junk stored in the back of the pickup truck, a truck seems to be inoperable, and some outside storage. And of course the striping hasn't been done yet. – HM - I want to clarify a couple of things, we are a dealership and auto repair, if a car breaks down and they tow it and they bring it to our place it may not work and our job is to fix it. Not always will we get a car in the door that is moving, or in movable condition. In this particular case, the two vehicles we're helping someone who works, and couldn't afford paying $20,000 at a dealership to put that truck back together, and that's why that's there. The black truck it’s a friend and has his stuff in there, those are my things. The two tanks, we pay $150.00 for the company to pick them up empty, so those go inside of the garage. CT - I agree with you that we have this line between inoperable and junk vehicles, that's what you're there to repair. So, the board's view generally on this issue of where do we cross the line, if it's sitting there for a long time and I would certainly look at 60 days as a long time, if it is not registered and not plated, if it is not being actively marketed for sale. – HM - I think that's good to know CT – No one was present or remote to make a comment, or ask a question on this case Mr. Byrne, Mr. Talbot, Mr. Gallagher, and Mr. Reynolds - Had any questions MM - Mr. Mateo I would hope that by the next week this all this gets cleaned up, because it's a gateway street. – HM - I would encourage you to come back in 30-days or less, and that will all be gone MM - Keep in mind the city ordinance requires that a car lot have a minimum of 10,000 square feet, and this lot is half the size. So, very well worth preexisting nonconforming, and it's going to be a little difficult for you especially as we've got to do dual purpose going on with auto repair and auto resale. We want it to operate according to plan. – HM - And I do hope you continue to make it easier for us to do business in Fitchburg primarily on Water Street. It was a very difficult phase after being closed for almost 8-months. CT - We have a condition that the parking is to be striped, we did not put a time limit on you. What do you think the timeline is for striping to be completed? – HM - Before winter CT – So, I think you're proposing a modification to the special permit because we're modifying the plan. HM - We're going to keep the same parking plan, I'm asking to have one from #2 and #4 can be a vehicle that we can sell. CT - That means only one customer would be able to park on the lot. – HM - We don't have a lot of people coming in and out MM - What about vehicles coming to be dropped-off? – HM - If it's by tow truck, they normally come by the parking spaces 9, 8 and 7 they pull in and drop them off. If it's a customer the same thing, they would come between #2 and #3 to drop them off, and come back after. CT - Is it a one bay or two bay building? – HM – Two bays CT – Obviously, you have the ability to keep cars that you're servicing inside. – HM – Yes, and at winter time we could put 4-inside with the lifts up, and one underneath. CT – Under our ordinance are designated as both sales and repairs, and so the required parking for repairs is 2-spaces per service bay, so that would mean 4-spaces. Then one parking space per 500 square feet of gross floor area, so that would be one per customer. I don't know that your building 2 is much more than 500 square feet in gross floor area, but you also don't have any use of the building for display of vehicles for sale inside. – HM – No, for display inside MM - Give the applicant a chance to stripe the parking, and use as per the plan submitted and then further discussion with regards to changes. CT -Can you have the striping done by the November meeting? HM – Yes CT - November 12th is the November meeting. MM - Motion in the affirmative on ZBA-23-39 under 181.313D11&12 & §181.94 to Continue the Review to November 12, 2024, requesting completion on conditions #1, #3 and #8. 1. Business to be operated according to the submitted plan #7406-B dated June 9th, 2018. 2. No plastic or vinyl banners, professional signage only. 3. No exterior storage of junk or motor vehicle parts, and no inoperable or dismantled vehicles to be stored outside of the building. 4. No parking on the sidewalk or street. 5. Hours of operation Monday through Friday 8:30 to 7:30, Saturday 9:00 to 3:00, closed on Sunday. 6. Not to be operated as a public nuisance. 7. Property owner to remove protruding signpost, concrete and wires on the right hand side of the building within 60 days from the filing of this decision with the City Clerk (Met 9/10/24) 8. Parking to be striped according to the submitted plan #7406-B. 9. This Special Permit is issued to Clearwater Real Estate Investments, LLC and Harold Mateo. 10. Sunset Clause – This Special Permit shall terminate and expire upon the sale or transfer of real property at 447 Water Street from Clearwater Real Estate Investments, LLC. or Harold Mateo to any other person or entity, or upon the transfer or more than 20% of the ownership interests in Clearwater Real Estate Investments, LLC as Mr. Mateo is the sole owner of the LLC 11. Review Hearing – November 12, 2024 RT – Motion Second Vote 5 -0 to Continue the Review to November 12, 2024, with conditions ZBA-24-9 Amico Realty, LLC 59-63 WHALON ST 6:00PM Review of a Variance under §181.313E3 of the Fitchburg Zoning Ordinance to erect an accessory 3,000 SF storage space on the same lot not connected to the existing building pursuant to §181.93 located Neighborhood Business District Map 202 Block 79 Lot 0 No person was present or remote to speak on, for or against this petition. CT - Permit holder was not present, and no communication has been received in regards the petition. MM – Mr. Commissioner do you have any communication on this matter? – Mr. Commissioner - They have not applied for any building permits or anything yet. CT – Could Mrs. Mata please request of the applicant that he communicate with us one way or the other, prior to the next review meeting. MM – To propose to take it out three months, because it does appear they have typical construction delays so that would take us to the December meeting. 3 MM- Motion in the affirmative on ZBA-23-9 under 181.313E3 & §181.93 to Grant a Continuance of this matter to December 10th, 2024, with remaining conditions: 1. The use variance granted is to conduct an accessory warehouse use to provide storage for the applicant’s retail business located on the same Locus. 2. Warehouse is to be constructed according to the Dillis & Roy plan dated February 1, 2023, as the same may be modified by the Planning Board through its site plan approval. 3. No rock crushing or blasting to be conducted on site. 4. Applicant shall provide seven days’ prior written notice to all abutters with a 500 foot radius of the times and dates that any rock hammering or similar activity will be conducted, and such rock hammering or similar activity shall only be conducted Mondays through Fridays, between 9:00 AM and 5:00 PM. 5. Applicant shall employ dust mitigation measures during construction 6. Site to be kept clean of construction debris and dumpsters to be emptied regularly. 7. Parking to be paved with asphalt and striped according to said plan. 8. Applicant is required to obtain site plan approval from the Planning Board. Any conditions of site plan approval shall be incorporated herein as a conditions of the use variance. 9. Review Date – December 10, 2024 JB – Motion Seconded Voted 5–0 to Grant a Continuance of this matter to December 10th, 2024 ZBA-2023-18 William Gleason 0 AIRPORT RD 6:00PM Review of the Variance under §181.416 of the Fitchburg Zoning Ordinance to construct a 24X50 steel building on a 7,959 SF lot not conforming to the side yard setback pursuant to §181.93 located in the Industrial District Map 142 Block 1 Lot A Present was William Gleason (Property owner & Permit Holder) stating, project expected to be completed in two weeks. I had a sign that was removed, and when wanted to put it back-up realized it was too damaged; and my website is different. So, a new one is going in tomorrow, and I a flagpole to put up. A little bit of landscaping around those two things and fence is up and fully landscaped. CT – Were you able to comply with the 7.5 feet setback relief was given? – WG – To the inch. CT – No person was present or virtually to speak on, for or against this petition. Mr. Byrne, Mr. Talbot, Mr. Gallagher, Mr. McLaughlin & Mr. Reynolds – Had no questions for the applicant Mr. Commissioner - On condition number one, side yard setback shall be no less than 7 1/2 feet on either side of the constructed building or other dimensional variances. I wanted to let you know that the applicant did get us a sealed as built and it does show 7.5 plus or minus. CT – So, the Planning Board’s site plan included a condition to add Arbor vitae screening at the perimeter of the lot, and that the property will be gated and that was the plan back in 2011. Do you have Arbor vitae planted? – WG - It wouldn't work out with the arbor vitae plans, I planted a bunch of shrubs and sod. CT - What type of shrubs? Evergreen or were they not Evergreen? – WG - Evergreen 4 CT - I personally don't have a problem with the switch, as long as it's representative of the same intent. Does anybody else have an issue with that? – MM - I'd rather see scale in the building, than to see massive arbor vitae in front. CT - I will say that with the one modification on the as built plan, it seems to me like you're at the point of completion. I think the building is well situated and I hope that it serves your business purposes better than the gate did prior to that. MM – Motion in the affirmative on ZBA-2023-18 under §181.416 & §181.93 to Approve the Review with no further review as conditions had been met. 1. The side yard setback shall be no less than seven and a half feet on either side of the constructed building; no other dimensional variances are granted. 2. The building shall be constructed substantially according to the plan submitted by Haley Ward dated April 3rd, 2023. 3. All conditions of the April 19th, 2011, Planning Board meeting shall be incorporated as a condition of this decision. 4. Petitioner shall install the landscaping as therein required on the perimeter on or before the review date of May 14th, 2024. 5. The chain link fence to be of solid color and not bare metal. 6. Property to be kept in a clean and orderly condition as viewed from the road, with no vehicle or equipment parts, or vehicle or construction debris. 7. Site to be kept clean during construction. JB – Motion Seconded Voted 5–0 to Approve the Review, unanimously approved ZBA-2022-31 Yael Dario Recio 56 CULLEY ST 6:00PM Review of the 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 Present were Yael Dario Recio (Property Owner & Permit Holder) and Harold Mateo (Applicant interpreter) CT - You are here on a review of your special permit, and one of the outstanding items was the building and fire inspections that needed to be done. I see that the building inspection has been deemed completed as of the 1st of July, do you believe that you're ready to open the business and operate? – YDR – Yes CT – I have been given a picture of the side parking lot with the dumpster placed, and there had been some outside debris store that's been removed. At the last meeting the other outstanding condition was the inspections from building and fire on the spray booth, also been completed – YDR - Yes CT - When I went to visit the property, the back hill is clean and I hope the abutters do not repeat their actions of throwing trash down the hill. The parking lot was paved and striped, and I looked at the plan that was approved. It was for five spaces; they were three (3) and two (2) spaces on two sides. You have paved it and striped it locating all five (5) parking spaces on one side. I don't have an objection to that, but I'm going to ask if any other Board members do. I think the turning lane to enter into the spaces is adequate; at the last meeting I believe all of the other conditions were deemed satisfied. CT – No person was present or virtually who wishes to make a comment on this matter. Mr. Reynolds, Mr. Talbot and Mr. Gallagher – Had no questions for the applicant JB – No questions, but I have to compliment the applicant. From the time he purchased the building it has increased its value 100%, by the eye and curb appeal, and for getting up on that hill behind his building and cleaning it off. I hope those people respect your property and stop throwing stuff onto your property. 5 MM – I hope that you're an example for a good clean business; your surroundings are a little challenging CT - Remember there are some conditions that are continuing, and if they are violated the board can call you back. MM - Motion in the affirmative on ZBA-2022-31 under §181.313 to Approve the Review as conditions had satisfactorily been met. 1. Property is to be used for motor vehicle body repair and painting only, with two bays, including on the spray booth; no non-body auto repairs, sales, or other services. 2. Professional signage only – no temporary vinyl banners. 3. Not to be operated as a public or private nuisance. 4. No offensive fumes or odors, and no outside storage of vehicle parts. 5. The dumpster is to be located within the fenced area. 6. Any unregistered cars to remain on property no longer than two months. 7. Parking according to plan dated January 10, 2022, and submitted with this application. 8. Hours of operation 8:00 AM to 6:00 PM Monday through Friday and Saturday 8:00 AM to 4:00 PM. 9. Inspection from the Building and Fire Departments to be completed for the spray booth prior to Certificate of Occupancy. – Complete. 10. The Building’s exterior is to be painted in a good and workmanlike fashion by October 31, 2023 – Complete. 11. The existing fence is to be replaced and painted in uniformity with the color scheme of the building – Complete. 12. Petitioner shall pave the parking area with asphalt by November 14, 2023 – Complete. 13. Sunset Clause – Special Permit to expire/terminate upon the change or transfer of ownership of the business from Yael Dario Recio. 14. Any conditions of site plan approval issued by the Planning Board shall be incorporated as a condition of this Special Permit. 15. The pavement shall be maintained in good condition and repaired or replaced as needed. BG – Motion Seconded Voted 5–0 to Approve the Review, unanimously was approved ZBA-23-21 Jose Francisco-Bueno 1033 MAIN ST 6:00PM Review of the Special Permit under §181.313D12 of the Fitchburg Zoning Ordinance to continue the use of the property as an Auto Repair Shop pursuant to §181.94 located in Downtown Business District Map 18 Block 90 Lot 0 Present were Jose Francisco-Bueno (Property Owner and Permit Holder) and Catherine Mejia (Sister) CT - You are here on a review of your of your special permit, and my first question is, you are up and open for operation? – JF - Yes CT - How long have you been operating? – JF - We did a soft opening 1st week of August, and I ended up moving in there yesterday. CT - We had noted some outstanding issues and I know you had some delay on completion, but at the last meeting we noted as incomplete condition six, in and out directional markers shall be painted on the pavement to indicate traffic movement in a one way direction. Would you say that's completed? – JF – Yes CT – Pictures were given of the fence erected, no parking being indicated on the asphalt and we have a directional marker painted on the asphalt. All other conditions are continuing conditions, and if any of those conditions is violated the Board could call you back. CT – No person was present or online to speak on, for or against this petition. 6 Mr. Talbot, Mr. Gallagher & Mr. Reynolds – had no questions for the Permit Holder. MM - You have the dumpster in the back, and then you’ve got some cars behind the dumpster. – JF - Right now we had to pull that out so he could empty it, but the minute he does it's going right back behind the cars. Cars will be in front of the dumpster MM - I wanted to point out one of the conditions, that auto repair has to be done in the building. One of the cars is out there jacked-up. – JF – Yes, they dropped it off like that by the tow truck driver; it doesn't run right now, so we have to put it back there. MM - Both of those cars are registered. - JF - The black one, it's a customer car, so I'm not sure if he has it registered or not. The gold one is mine, and it's not MM - Be conscious that all the vehicles coming in and out should be registered and not inoperable vehicle. – JF - I do business with Brunell and Rick, not all of their cars are registered. Is that a problem? Or how do we go about that? If it's a car for sale. MM - That's a unique situation if you are doing work for dealerships, and they're probably driving it over with a plate. We're trying to prevent inoperable or junk vehicles from being stored on city properties. MM - Motion on ZBA-23-21 under §181.313D12 & §181.94 to Approve the Review with conditions being met, and no further review is required. 1. No Handmade Sign/banners – Professional Signage only 2. No Vehicles for sale, no unregistered vehicles on the premises, and no storage of vehicles other than active customers and employees. 3. Auto repairs to be performed within the building only 4. No outside storage or display of tires or vehicle parts, and property shall be kept clear of trash and debris 5. Dumpster shall be positioned on the right rear of the property 6. In and out directional markers shall be painted on the pavement to indicate traffic movement in a one-way direction. (Complete 9/10/2024) 7. Petitioner shall replace the vinyl fence on the left of the property (Complete) 8. Petitioner shall remove the pole with rims and chains on it, and install a fence on the right hand side of the property up to the end of the parking spaces to prevent parking on the sidewalk. (Complete) 9. Petitioner shall repair or replace the existing sign pole and base servicing the premises (Complete) 10. Building to be painted in neutral color coordinated with the fencing. (Complete) 11. All work to be completed by September 10, 2024 (Complete) 12. Not to be operated as public or private nuisance 13. Hours of operation: Monday – Friday 8:00AM to 5:00PM – Saturday 8:00AM to 1:00PM 14. Sunset Clause – Special Permit shall terminate/expire upon the sale/transfer of property or change of operations from Jose Francisco-Bueno/Midnight Auto Repair, Inc. JB – Motion Seconded Voted 5–0 to Approve the Review with conditions ZBA-24-20 Sherri Moyen 26 BURNAP ST 6:00PM Review of the Special Permit under §181.335 & §181.416 of the Fitchburg Code to erect a farmer’s porch to the front and side of pre-existing nonconforming single-family dwelling, encroaching on the current front set-back from 17’ +/- leaving approximately 10’ (Minimum required 30’) located in the Residential A District Map 93 Block 75 Lot 0 7 Present was Sherry Moyen (Property Owner & Permit Holder) CT – Special Permit was granted in June 2024, and this is a review to know where you are. – SM - I ended up hiring a different contractor. He worked with the Commissioner and made some changes to the layout, and recently he asked for the final inspection. It's very close to the end CT – To review the conditions, so the front yard setback is reduced to 10-feet for the construction of the covered front porch as depicted in the application, and you've stuck by the measurement. – SM – Yes CT - The roof line on the front porch shall be in keeping with the style of the existing home. – SM - Yes CT - The porch shall not be enclosed and shall not be converted to interior space. – SM – Correct CT – Applicant shall submit an as-built plan to the Building Department, prior to issuance of the certificate of completion. - Yes CT – No person was present or remote to speak on, for or against the petition. Mr. Byrne, Mr. Gallagher, Mr. Talbot and Mr. McLaughlin – No questions, but it's a beautiful job CT – Agree with the Board Members, and I think you still have to install the landscaping in front because there's some dirt areas that remain unimproved. There was good work done on the property to improve the neighborhood CT - You're very close to being done, and Board Members agreed that no further review is necessary. JB - Motion in the affirmative on ZBA-24-20 under §181.335 & §181.416 to Approve the Review, as conditions have been satisfactorily met and no further Review is required. 1. The front set back is reduced to 10 feet for the construction of the covered front porch as depicted in the application 2. The roofline on the front porch shall be in keeping with the style of the existing home. 3. The porch shall not be enclosed and shall not be converted to interior space. 4. The applicant shall submit an as-built plan to the Building Department prior to receiving a Certificate of Completion. MM – Motion Seconded Vote 5–0 to Approve the Review ZBA-2023-12 Mina Ghobrial 219 HIGHLAND AVE 6:00PM 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, requesting a modification to hours of operation under the Special Permit, pursuant to §181.313 located in the Residential B District Map 22 Block 16 Lot 0 Permit Holder was present via zoom. CT - I understand your request is to modify the hours of operation for the pizzeria, have you opened the convenience store yet? – MG – No, it is almost done CT - Mr. Commissioner, this Board issued the special permit for operation of the convenience store, not for operation of the pizzeria. We do not set the hours for the pizza store, so does he need to be here. – Mr. Commissioner - The conditions don't say that it's for the convenience store; it says no on-site service after 11:00 PM. Since it doesn't specify, that's why they're here. CT - Mr. Ghobrial when would you like to be open? – MG – Due to several requests, to be open on Sunday. CT – Sunday, do you want to be open from 11:00 AM to 9:00 PM? – MG – Yes, please CT – So, you don't want to be open later than that. – MG – No 8 CT – Do you have on-site service of beer and wine, right now? – MG – No, I'm not going to serve beer and wine right now, I am going to skip it for now, because it's too tough to get a license for that CT - Simply to operate the same way you've been operating, just do it on Sundays. – MG - Yes CT - I'm also going to note, that you still owe us the parking plan. – MG - Yes CT – No person was present or virtual to speak on, for or against the petition. JB - I think it's a good idea for the students on campus to have someplace to go on, a Sunday afternoon or evening RT - I agree it'll be nice to have some place open on Sunday over there BG - Good service to the campus and for the neighborhood MM - I would be in favor, and suggestion to maybe we put the review for the variety store out to April 8th of 2025. Prior to the special permit expiring CT – Agreed. I'm going to remind you that we do need that parking plan in order for you to start operations as a convenience store. So, please keep your eye on that issue MMT - Motion on ZBA-2023-12 under §181.94 & §181.313 to Continue the Review to April 8, 2025, modifying Condition #5 & #9 as Permit Holder requested. BG – Motion Seconded Vote 5–0 to Continue the Review to April 8, 2025 with modified conditions CT - Mr. Gabriel your Sundays request has been approved – MG – One more request, student around the campus being asked to open on Friday and Saturday later. Up to 11, so it will be 11:00 to 11:00. CT - We've already made the motion, it's good to ask for everything up front. So, Friday and Saturday to remain open until 11:00 PM? – MG – Yes CT – Does any Board Member have any further comment or question on that request? None MM - Motion for reconsideration on the prior Motion JB – Motion Seconded Vote 5–0 for reconsideration on the prior Motion MM - Motion on ZBA-2023-12 under §181.94 & §181.313 to Continue the Review to April 8, 2025, modifying Condition #5 & #9 as Permit Holder requested. 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. 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 Sunday through Thursday, 11:00AM – 11:00PM Friday and Saturday. (Modified 9/10/2024) 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) 9  7. Special Permit decision to be recorded at the Register 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 8-dimensionally compliant parking spaces and the ZBA has held that this condition has been satisfied. 9. Review – April 8, 2025 JB – Motion Seconded Voted 5–0 to Continue the Review to April 8, 2025, modified conditions #5 & #9 as Permit Holder requested ZBA-24-23 David Freda 125 EXETER ST 7:00PM Special Permit under §181.33 & §181.94 of the Fitchburg Code to build an addition behind the existing nonconforming detached garage (18X28) which encroaches upon the side setback beyond existing nonconforming structure (3.6) leaving approximately 3.3’ feet setback where a 15’ side yard setback is required in the zoning district, pursuant to §181.416 located in the Residential A District (RA) Map 101 Block 85 Lot 0 125 Exeter St Present was David Freda (Owner & Applicant) stating, I want to extend my garage straight back. I don't want to put in a new driveway, keeping the one garage door, so I can store my cars in there, and no plumbing no electrical. It’s totally storage for the cars CT – You own a small set- back lot, and can you tell us what's going on along between that boundary line from your neighbor. – DF - My existing garage is a small strip, it's all fenced and all woods and terrible. I want to grade it up, plant a lawn and make it nice. CT - Is there a reason that you're not going wide, instead of long? – DF – It would be on my lawn, and I'd have to put another garage door and driveway. CT - Your garage is preexisting non-conforming and it's been there for longer than zoning is, or for longer than we required a 15 foot setback. How long has the garage been there? – DF - Was an existing garage when I bought the house, and a tree fell on it, so I rebuilt it back in 2012. Also, my two immediate neighbors have a 6 foot fence, and they're okay with me doing it. CT – So, there's some fencing that provides screening to their backyard, so it's not an intrusion on their privacy. – DF – Yes CT - Are there any social economic or community needs, which are served by your proposal? – DF - Would provide for storage of cars CT - Is there going to be any effect on traffic flow, and safety including parking and loading? – DF - No CT - You're still going to have the same entrance you've always used. – DF – Yes CT - You're not going to have more people living on the property. – DF – No CT - What is the neighborhood character and social structures? – DF – It’s a rural residential area CT - Are you in a predominantly single family home? – DF – Yes CT - Are there any impacts on the natural environment, including drainage? – DF – No CT – No other person was present or remote to speak on, for or against this petition. Mr. Reynolds and Mr. Talbot – No questions Mr. Byrne and Mr. Gallagher – In support MM - I find that it meets the criteria for a special permit; the applicant has a lot that is twice the size of most lots in the neighborhood. He has excess area with the rear lot set-back, and this is a minimal request for the increase in nonconformity. 10 Mr. Commissioner - As a note, the rear neighbor that's most impacted, which this is encroaching upon the most. Did stop by the office on Friday, and he said that he was in favor of this. CT - We have receive some communications, Elmer Eubanks, of 427 Oak Hill Rd. Please see exhibit “A” Deliberations: Mr. Commissioner - I'd ask to have as a standard condition for any dimensional variances and dimensional special permits the submission of a sealed as-built plan once the foundation is set. So, that as-built plan is to confirm they're meeting the dimensional relief. - MM - I'll recommend that condition be added as a Board member MM – Motion on in the affirmative on ZBA-24-23 under §181.33 & §181.94 to Approve the Special Permit with the following conditions: 1. Site to be kept clean and free of trash or debris during construction. 2. The side yard setback on the right side of the property may be reduced to 3.3 feet along the edge of the garage building, for an extension 28 feet in length according to the submitted plan from Dillis & Roy dated May 2, 2024. 3. The applicant is to submit a sealed as-built plan to the Building Department documenting compliance with the Special Permit criteria prior to receiving a Certificate of Completion. BG – Motion Seconded Voted 5–0 to Approve the Special Permit with conditions ZBA-24-24 Admar Arpini Jr. 610 TOWNSEND ST 7:15PM Special Permit under §181.33 of the Fitchburg Code to expand a nonconforming three-season porch (10X24) encroaching on the minimum (35’) rear setback leaving approximately 22’ feet pursuant to §181.416 located in the Residential A District (RA) Map 165 Block 1 Lot 1 Present was Admar Arpini (Owner & Petitioner) CT - How long have you owned the property? – AA – Since 2018 CT – So, you would like to expand a three season porch, which is already over the set-back. Did you construct the three season porch? – AA - I fixed it, and if I am not wrong, it’s a 16 by 24 CT – Now what you want to build on is 10 by 24? – AA - Yes CT - When you bought the house, was it a screened? – AA – No, it was a deck. Decide to go to a three season, same size of the deck. Got the City permits and we decided to build another deck to get off the three season. CT - Is there a reason that you can't simply build steps? – AA – I can added steps too, and attached to the deck. CT - Can you describe the backyard and the surrounding properties? – AA - Backyard is all woods. Neighbors on the both sides have nothing against it. CT - They're both single family homes on each side of you. – AA - Yes CT - Any agriculture going on back there? – AA – No CT – On this kind of request, we need to determine whether the structure can be considered a pre- existing non-conforming structure, and find that it will not be substantially more detrimental to the neighborhood than what was there before. In this case, the deck was built under a 2009 permit, so the deck was there for longer than 10-years. The sunroom didn't expand the footprint of the deck 11 Mr. Commissioner - The sunroom was somewhat of a communication failure within the department, originally was handled by Tom Zuppa, after he left John Morreale took it over. Mr. Morreale didn't realize there were issues until after it was built, and Mr. Arpini also wanting to do the deck and instead of making him to request a variance and a special permit. We tried to put it all under one umbrella, so that would address his needs. – CT - Would you agree that this applicant is trying to be compliant? Mr. Commissioner – Yes, he's been very actively trying to get this done, and done right CT – On the Special Permit criteria, why do you believe that the additional deck is not substantially more detrimental to the surrounding neighborhood? – AA - As I said, my backyard is on the woods, and it's not too close to both my side neighbors. There is a lot of spaces on the sides, and this will an improvement so to enjoy with my family outside in the summertime. CT - Are there any social economic or community needs that are served by what you're doing? – AA – No CT – Any impact on traffic flow and safety including parking and loading. – AA – No CT - Are there adequate Public Utilities and public services for the project? – AA – Yes CT - Do you have municipal water and sewer? – AA - Yes CT - What is the character of the neighborhood? – AA - All single-family homes CT - Are there any businesses near you? – AA – No CT - Are there any impacts on the natural environment including drainage? – AA – No CT - Are you within any Conservation set-back in the in the backyard? – AA – No, but the reason we want to build the deck is because when we have a lot of rain it’s like a pond outside by the trees. Mr. Commissioner – I did check with Herlin (Conservation Agent) and she said it’s not jurisdictional CT - The deck you're proposing would be raised up. – AA - Yes CT – So, you wouldn't be paving or putting any kind of block underneath the deck? – AA – No CT - Is there any potential fiscal impact including any impact on city services tax base and employment – AA - No CT - Any person present who would like to make a comment on, for or against this application? Mr. Collins, immediate neighbor, and his house is the lower on the hill. As he was saying, the water runs down the hill and because it's all woods behind us, we don’t get a lot of sun. So, adding steps only , it’s going to be muddy, so the deck he will be able to enjoy the backyard and will allow him to walk back and forth without touching the grass and the mud. I'm a favor of his project, and his property is well maintained and is a good neighbor CT – No other person was present or remote to make a comment on, for against this application. Deliberations: JB - I visited the property and think the deck would be nice to have on the property, even if it is encroaching a little bit into the wood line, and nothing it can be built there Mr. Reynolds and Mr. Talbot - Have no comments BG - I don't see it as being detrimental to the neighborhood, in fact it would be a positive addition to his property. I in favor of it MM - It's a minimal request, and there is no impact to the rear. No home to the rear, it's all a wooded area. I think it meets the criteria for the special permit. CT – I am not pleased about the way this began, I think the creation of the sunroom was a bit beyond what you were allowed to do. I am pleased that Mr. Commissioner stated that you are attempting to be in full compliance at this point in time, I am a little iffy on whether the deck is 12 really necessary. I think that steps would be adequate and don't require any relief from us, but I agree that there is unlikely to be any impact on the neighbors behind the property. I would encourage you to make sure you're in full compliance when you start a project before the city, so I would be in favor of approval. Motion in the affirmative on ZBA-24-24 under §181.33 & §181.416 to Approve the Special Permit with the following conditions: 1. The rear yard setback is reduced to 21.7 feet. 2. Site is to be kept clean during construction. 3. Applicant to submit a sealed as-built plan to the Building Department prior to receiving a Certificate of Completion. BG – Motion Seconded Voted 5–0 to Approve the Special Permit with conditions ZBA-24-26 Olanrewaju Oyaronbi 76 SUMMER ST 7:30PM Special Permit under §181.313D3 of the Fitchburg Code to operate a Class D Driving School pursuant to §181.94 located in the Neighborhood Business District (NB) Map 70 Block 13 Lot 0 Present was Olanrewaju Oyaronbi (Applicant and Business Owner) stating that, at location it will the office for in class instructions for students who are below the age of 18. They start from 16 1/2 years of age and then once they hit 18 they're ready to go for the road work, the driving school car has an instructor's brake on passenger side and the vehicle will have the signage on it. We will exit the premises of the office and drive down into a neighborhood, which I've already described on my submitted application. As we drive out from the premises of 76 summer St. we hang a left on street lights. From there are quiet streets on the right, which is Maverick, Hancock, Cane and Matthew Street, it’s a very quiet neighborhood. No traffic whatsoever; we perform all the necessary maneuvers, which are listed parallel park 3-point, turn and reverse. Within that area we also practiced the left turns and the right turns, and everything they need to pass the road test, it will be tested within the vehicle, which is the hand signals. CT - Approximately how many people would you be seeing daily? – OO - I hope to be able to operate between 9 AM and 7 PM during the high light hours of the year, but we're not permitted to do any form of road work once it gets dark, so it will be reduced to 6 PM towards the end of the year. Ct - You are holding classes inside the building. – OO - That is the plan, it's a prerequisite for the final approval from the RV CT - How many employees will you have? – OO - It's just me at the moment CT - Would there be plans to expand if needed? – OO - Yes CT - What instruction would take place within the parking lot, because that is a building with a lot of different uses going on? So, if you are going to for instance practice parking pulling out, going around, whether there's any instruction going on within the parking lot; other than pulling out into the road and going down to the neighborhood. – OO - Part of what we also train, is parking within the markings. So, yes; there will be a situation where I might need to practice that, but based on the layout of the designated spot where the students are expected to park into to a complete stop and conclude road test. There's a whole lot of parking spaces where there's hardly any vehicle parked at all. CT - In my observations of that building, it seems that most of the time the parking on the left is more frequently used than the parking on the right. Are you able with the permission of the landlord to have mark out, and segregate some portion of the parking lot for students? – OO – Yes, I've discussed 13 CT – You are proposed hours of operation Monday through Friday. – OO - Sometime Saturday as well CT – No person was present or online to speak on, for or against the petition. JB - Some input on this, my mother-in-law used to run a driving school for many years, and he doesn't need the parking lot of 76 Summer Street to practice. It could be done anywhere in the city; he can take a student anywhere in the state and practice their driving. All he needs it’s the classroom space, I am in favor Mr. Reynolds, Mr. Talbot and Mr. McLaughlin – Had no questions for the applicant BG - How big is the space that the classroom will be, if you happen to know. – OO - I don't have it, but the RV field official came and previewed the offices and he approved it. All I need to submit for the final approval for my driving school is the certificate of occupancy, which is what I'm trying to achieve right here. BG - How many students at a time? – OO - Maximum of ten BG - How many vehicles do you have for instruction, right now? – OO - One CT - Some city comments, the Planning Department has noted that at the ZBA discretion a site plan approval for the parking could be an option for this proposal. Board of Health, the parking lot on the beacon Street side needs to be maintained, mowed and trash picked-up. CT – Parking requirement for this use in accordance with our City Ordinance, it is one parking space for each five seats. So, I think in your case how many students are there, and how big did you say about 500 square feet the interior office? – OO - I don't have the dimensions CT - I will say that I do believe the owner of this property needs to submit an updated parking plan to the city generally. Personally, I am not inclined to hold them to that for this particular Special Permit, but they do need to update the parking plan through a site plan with the Planning Board. The owner of this property would be well advised that, if there are any existing Special Permits or site plans that have been approved by the Planning Board that they might be subject to recall before the Planning Board for updating of the parking plan. Deliberation: CT - I think the applicant meets the criteria, I see no substantial detriment to the city, I see a benefit from the opening of a business and the offering of another option for instruction for our young people. I do have a little bit of concern about parking the instruction within the parking lot, I realized Mr. Byrne what you're saying regarding the ability to conduct this driving instruction anywhere there are other lots within the city which are less used and might be a better place to conduct that park. I am inclined to allow the Special Permit. MM – Motion in the affirmative on ZBA-2024-26 under §181.313D3 to Approve the Special Permit with the following condition: 1. When conducting on-site parking instruction to driving students, the Petitioner shall set apart and mark out with safety cones an area appropriate in size and location on the lot to conduct driver parking instruction and safeguard the public from unintentional personal or property damage by the student drivers. 2. Petitioner shall to use more than three vehicles for instruction of student drivers. 3. Petitioner shall request a review hearing before the Zoning Board of Appeals if there are more than five employees for submission of a parking plan for the Premises and consideration of modification and addition of special permit conditions. 4. Review Date - March 11, 2025. 14 JB – Motion Seconded Vote 5–0 to Approved the Special Permit with conditions ZBA-24-27 Ryan Vickers 38 SCHOOL ST 7:45PM Special Permit under §181.335 of the Fitchburg Code to construct a 12X3-foot addition on a pre- existing non-conforming dwelling reducing the existing 17.6’ rear yard setback to 14.9’ where a 30’ rear yard setback is required in the zoning district, pursuant to §181.94 located in the Residential B District (RB) Map 18 Block 28 Lot 0 Present were Craig Roy (Engineer) representing the applicant and James Barrett (Property Owner), to request a Special Permit pursuant to §181.33 for the property located in the Residential B zoning district. Area required is 10,000 square feet with 80-feet of frontage, this particular property is in excess of 16,000 square feet and 197-feet of frontage. So, no issue with nonconformity of the lot, however the structure was constructed in the 1800s, according to assessors records 1840; and is nonconforming relative to the rear set-back. The requirement is 30 feet, and the existing structure only has a 17.6 feet. There's an existing detached garage with only 4-feet from the existing rear line. Mr. Barrett is now seeking relief for a small addition in the size of 12 X 3 feet out from the rear of the building, and 12-feet in length, so a total of approximately 36 square feet. The purpose is to renovate and increase the square footage of the kitchen area. To address the Special Permit criteria, as the social economic or community needs which are served by the proposal. Will not substantially alter the character of the neighborhood, but we do expect this to have a net positive impact in tax revenue. Will impact assessed value, so we don't see any derogation from any social economic or community needs. There's no change in use of the property, traffic flow and safety including parking and loading; there are no proposed changes to that on the site. It would be adequacy of utilities and other public services, it would be neighborhood character and social structure; the proposed addition is in the rear adjacent to school Street. There are no structures directly abutting adjacent to where the proposed addition is going, it will be a single story addition with a shed style roof, clapboard style siding, double window to match the rest house to make it seamless with the existing architecture. It would be no impact on the natural environment, with no offsetting impacts on city services. CT - From the plan that was provided, this is an odd shaped lot. Although, the area is adequate, I don't think there is any setback that has been complied with for any of the dwellings or structures on the plan. Now what is the use that is going on the rear property? – Engineer - So far as I know, undeveloped piece of land, so no activities are going on there other than a backyard. In fact, at the top of Chestnut Street, it's a dead end and there's an embankment that drops down about 20-feet, so there's no driveways or anything and just houses on the other side of Chestnut Street. CT - How long is construction expected to take. – Engineer - Two months max CT - Is there adequate space on the property for off street parking for the work vehicles. – Engineer - Yes CT – No person was present or remote to make a comment on, for or against this application. Mr. Byrne – In favor BG - I believe this home is registered on the historical lists, under form “B”, which doesn't have a lot of restrictions but it, is noted for historical significance to the community. – JB – Well, the carpentry work and the exterior will match the existing clapboards trim, and the windows. Nobody even will notice it when we're done. BG - I'm in favor of it Mr. Talbot and Mr. McLaughlin – Had no questions 15 CT - I have located the listing, and it is indeed on MACRIS, so it is known as the Baldwin house. We try to take care with properties that listed in MACRIS, so any exterior changes to the property respect and reproduce the architectural elements that are currently present on the house. Where this is a small addition and newly constructing a portion of the house, it is in the rear of the house I didn't know of any architecturally significant features that would be altered by this addition. MM – Motion in the affirmative on ZBA-24-27 under 181.1335 to Approve the Special Permit with the following conditions: 1. The windows’ finish trim and exterior architecture of the addition shall match the existing dwelling. 2. No historically significant architectural features on the exterior of the structure shall be altered or removed during construction. 3. All work vehicles to be parked off street during construction. 4. A sealed as-built plan to be submitted to the Building Department prior to the Certificate of Completion being issued. JB – Motion Seconded Voted 5–0 to Approve the Special Permit with conditions ZBA-24-30 Toufic Boulos 672-678 WATER ST 8:00PM Special Permit under §181.313D11&12 of the Fitchburg Zoning Ordinance to transfer a prior Special Permit for the business use as a small Motor Vehicle Sale and grant an additional use as a motor vehicle repair shop due to business ownership change pursuant to §181.94 located in the Neighborhood Business District (NB) Map 109 Block 35 Lot A Present was Toufic Boulos (Business Owner & Applicant) stating that, he is looking to have a dealership. We purchase cars through auctions or trade them, we're asking for the repair shop. They're second hand used vehicles, so some of them might require some repairs before we can sell them. We sell them with guarantee, and we have the lemon law in Massachusetts, so we have to make sure everything is good. Business can be busy or slow sometimes, we already have our mechanics working on our cars, and having repair can be generating more profit. CT – So, both repair to sell, and for the public repairs for customers coming in. – TB – Yes CT - Do you have a dealer license at this point? – TB – At a different business, I've been in this industry since 2017 CT - Where are your other locations been? – TB – Currently, it's 91 Laurel St. CT - Have you ever been a dealer at any other locations? – TB – I started in Leominster for like 9 months, and then I moved here CT - When you were in Leominster, you weren't responsible for the whole dealership. – TB - I was a runner CT - How many vehicles do you propose to have for sale on the lot? – TB - If I can get 27 CT - How many employees will you have? – TB – Seven CT - How many bays in the garage? - Two bay garage already CT - Are you going to be doing any body work or painting? – TB - No CT - What are your proposed hours of operation? – TB - Monday to Friday 8:00 AM to 6:30 PM and Saturday 8:00 AM to 3:00 PM and Sunday close CT - How long would it take you to open the business, if your application goes through. - Before the end of the year CT - Are you planning on making any exterior changes to the building? – TB - No CT - What is your signage plan? – TB - There's one sign outside, I would use the same one, but change what's in it, and everything else will be displayed inside the office and a couple standard flags outside. 16 CT - Will you have any up-lighting on the sign? – TB – No, it's a pole with a sign on top, and some projector on the building to the car. First, for safety, so we can see the cameras if somebody tried to break in cars, especially in winter because it gets dark soon. Also, will make convenience for people who work and don't have time during the day, so they could check the car, leave a voicemail or leave leads online to come on Saturday or whenever they have a day off. CT - Are you planning to have an employee on site during your open hours, at all times? – TB – Yes CT - Are you planning on constructing any light poles? – TB - No CT – So, all those lights that you are talking, are going to be projected from the building? – TB – Yes from the roof of the building CT – Are you going to be using an entity, a corporation or an LLC? – TB – LLC CT - Have you formed the LLC? – TB – Yes CT - Could you say the name of the existing LLC? – TB – BOULOSVO, LLC CT - We have a comment from the planning department stating, if the special permit is approved you will also need site plan approval from the planning board. CT – No person was present or online to speak on, for or against this petition. CT - Mr. Commissioner have you received any kind of photovoltaic plan, or any plan indicating how the lighting is going to be cast on the property? – Mr. Commissioner – No, I believe the planning board will be asking for that on site plan review. Mr. Reynolds, Mr. Talbot and Mr. Gallagher - Had any question for the applicant JB - We approved this property along time ago to Mr. Casio, and we worked out 27-parking spaces. We asked for a three foot stripe, separating the street from where he was going to park cars, but we never talked about lining the parking lot. I wonder if the board thinks that's necessary. CT - I think striping the lot is probably something that would be helpful, particularly because there's so much of this lot which is consumed by the parking spaces. – JB – According to this plan CT - I don't see any need to require a different plan from the prior applicant, and given that this is an existing plan drafted in 2015. – MM – Any conditions from the original special permit. CT - We do have them, and I'll pass this to the applicant, but what is noted here; no outside storage of auto parts materials and equipment or inoperable vehicles. No drop off boxes. Maximum number of cars for sale 27, with other spaces provided for employees and customers. Mark line 3- feet from the city property line, and I think that is indicated on this plan, but not marked on the property. No plastic banners or unprofessional signage. Hours of operation Monday through Friday 8:00 to 7:00 closed Sunday. Business not to be operated as a nuisance. A condition states as plan was submitted on May 12, 2015, which means that you must comply with the parking plan. Dumpster to be kept to the rear of the property, storage containers shall be screened by fencing and painted to match the building located on the property. I do believe that some of those conditions have not been complied with by the prior owner. So, you're proposing to have seven employees, there will be customers, but you want to have 27 vehicles on the property and there are not even two other spaces marked on the other side. How will we fit all of that on this property? – TB - I asked for 27 because we won't have that many cars, it’s only for flexibility if we need it. The seven employees won't all be at the dealership at the same time. We buy cars online from our house, or we'll go to the auction. Most of the time there will be the two mechanics, and one to two salesman covering all the time. Me and my brother always come together and live together in one car. We only need two or three parking spaces for the employees, and ourselves, which will be on the left side of the building where the container is. CT - Will you be keeping the storage container? – TB – No, we're going to take it out. 17 CT – So, right on the rear of your building, there’s a severe drop off in the topography in the back on the rail trail. I understand that you are not the current owner of the property, but there is a substantial amount of trash and debris down that hill and very visible from the rail trail. Definitively, one of the things that we'd be looking for is that to be cleaned up, and kept clean and better maintained. MM – Agree with the chair's comments, and I think the rail trail needs to start to pay attention to the rear landscaping. I would like to put some conditions in this special permit that all debris behind the building be removed, and also that all existing unregistered vehicles from the previous owner be removed from the property prior to the sale. – TB - That's already stated the purchase and sale agreement. MM - I want to see the business be successful, it's a gateway road into the city. Maybe that number of vehicles for sale be reduced maybe to 20, to allow employees, customer visits and tow trucks to bring vehicles in. A review period to be able to look at further accommodations, and prior conditions for the previous applicant should be reinstated. CT – As we look the proposed parking plan, these are the issues I see with this being functioning as a good working plan. There's no indication on this plan where snow storage is going. – TB - We can push it behind the building. CT – Basically, down the hill. – TB – Technically, what we do its squeeze the cars to each other like mirror to mirror. It will eliminate all the snow coming between the cars, so we park them on one side and then then in the middle we just push everything being. CT - For the light that you're casting from the building to reach all the way out to space 17, I think you're going to be having a little bit of light pollution on the property. So, I'm going to say light pollution should be addressed by the planning board, so I would keep an eye on that issue because they might have some specific requirements as to how that lighting is done. I think the hard thing here is that there isn’t room for 27-cars for sale on this lot, because you need some parking for employees and customers. I don't want to reduce it any more than we have to, because I know having more cars helps to sell more cars, but if you have 4- spaces for employees and three spaces for customers those are needed. It is a 2-Bay garage, so if you were able to keep in two cars at all times, so we could think about that as two spaces. Which might bring you up to 22. – TB – Let's say there's two hiding inside, they wouldn't be exposed to people to shop, because we have a lot of walk in traffic, and we try to keep them outside CT – Additionally, I would like to understand, you’re buying salvage vehicles at auction that need repair. Are they salvage title vehicles? – TB – No, we buy clean titles. CT - You're going to store them on site until they're repaired and sold. – TB - Our technique as small dealership, if we sell four (4) we buy four (4) and so forth, and then there's something called the new auction green light. Which we tend to buy more of that, which means a big dealership can't sell a 2016 Nissan Rogue; they will sell in the auction as a green light, mean everything is good in the car. They're guaranteeing it for seven days, and so that car doesn't need anything. Most of our cars we tend to buy are within the minimum work we do, and we try to flip them as fast as possible. CT - At the property, you’re not having cars that need body work done? – TB - We would, but we send them through a Body Shop. CT - I don't want to have an operation where we have long-term inoperable vehicles sitting there, so if we were to simply apply the condition to not have inoperable vehicles for more than 90-days. Would you be able to comply with that? – TB – Yes CT - We'd be looking at incorporating all of the conditions, I think there's a modification needed in the number of vehicles. I take the suggestion of striping be done as appropriate. A condition that the dumpster is to be kept to the rear of the property, which is marked on the plan to the side of the building. I don't know that you could keep it to the rear of the property, because the drop off is 18  pretty severe and pretty much right after the building. Do you think there's space for the dumpster to fit on the rear of the property – TB – Yes, right now it has wheels, so we can push it back and forth so it won't be exposed. CT - You're not going to keep the storage container, so we don't need to worry about that condition to be screened by fencing and painted to match the building. But we will add a condition that there is no storage container. JB – Motion in the affirmative on ZBA-24-30 under §181.313D11&12 & §181.94 to Approve the Special Permit with the following conditions: 1. Sunset Clause - Special Permit shall expire or terminate upon the transfer or sale of the business or change of ownership from Auto Pro Sales and Service, LLC, Toufic- Maroun Boulos, or Tedy Boulos. 2. No outside storage of auto parts materials and equipment, or salvage, junk or inoperable vehicles, except for vehicles held and actively marketed for sale, which may be kept on site for up to 90-days before being deemed a salvage, junk or inoperable vehicles. 3. No drop-off charitable donation boxes may be kept on site. 4. Maximum number of vehicles stored on site for sale or repair is twenty-two (22) vehicles. 5. No banners, pennants or unprofessional signage. 6. Hours of operation Monday through Friday 8:00 to 6:30, Saturday 8:00 to 3:00 and Sundays closed. 7. The business shall not be operated as a public or private nuisance 8. Parking to be according to the plan submitted by Petitioner dated March 25th, 2015 by R. Wilson and Associates. 9. Parking to be striped within six months of the commencement of operation of the business. 10. Dumpster to be moved to the rear of the building on the property and screened from public view. 11. The storage container and all junk or inoperable vehicles to be removed from the property prior to the commencement of operations of the business. 12. All trash and debris on the premises including on the slope behind the building to be removed and the rear of the property kept clean of trash and debris and be well maintained. 13. The applicant shall address any light pollution generated by the exterior lighting it proposes to install with the Planning Board through a site plan review. 14. Any conditions of the site plan review approval shall be incorporated as a condition of the Special Permit. 15. Review Date – March 11, 2025. RT – Motion Seconded By Roll-Call Vote 5–0 unanimously Approve the Special Permit with conditions 7. MISCELLANEOUS 8. ADJOURNMENT 19