Zoning Board of Appeals

FITCHBURG CITY CLERK ZONING Board of APPEALS Mar 11 2025 3:24 pm 718 Main Street – Suite 201B Fitchburg, MA 01420 MEETING MINUTES – JANUARY 14, 2025 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: As every month, the Board had received updates on ZBA-2023-08 Petition (1341 Rindge Rd). 3. ATTENDANCE: Christine Tree (Chair), Michael McLaughlin (Vice-Chair), Joseph Byrne (Clerk), Brian Gallagher, Robert Talbot & James Reynolds 4. Also, Attended: Felix Zemel (Building Commissioner) Hearings: Started at 6:09PM CASE No. APPLICANT PROPERTY TIME ZBA-23-37 Carrol Caires 167 CANTON ST 6:00PM Review of a Special Permit under §181.33 of the City of Fitchburg Code to build a 3-family townhouse style to replace a preexisting nonconforming structure with the same use post fire pursuant to §181.94 located in the Residential C District Map 141 Block 45 Lot 0 CT – The permit holder requested a three-month extension to the review, due to some delays on the project. CT – Is there any person present or virtual to speak for, in favor or against this petition? None BG - Visited the site, expressed positive feedback on the project and its contribution to the neighborhood. CT - Positive feedback on the building progress, noting the challenging terrain and the quality of work. Appreciation for the project’s design, including the arrangement of units, parking, and overall construction. BG - Motion in the affirmative on ZBA-23-37 under §181.33 & §181. 94 to Continue the Review to April 8th, 2025, the Board continued or made modifications to the following conditions: 1. Dumpster not to be overfilled and emptied regularly 2. Site to be kept clean of trash, construction debris and overgrowth during construction. 3. All construction vehicles shall be parked off-street and shall not interfere with the flow of traffic during the construction 4. Permit holder shall make the building secure until demolished, including boarding all of entrances and openings in the existing structure until demolition. Building shall be secured within 30 days. 5. To be constructed substantially according to the plans by John Karavolas dated 11/29/2023 and submitted with the application, including the exterior depictions. 6. No more than three dwelling units and no more than three bedrooms per unit. 7. No additional dimensional relief is granted beyond the depiction in the plan. 8. All exterior decks shall be comprised of engineered building materials rather than pressure treated, except for the structural elements. 9. Any conditions imposed by the Planning Board through site plan approval to be incorporated as a condition of this Special Permit. 10. No Certificate of Occupancy can be issued until the Zoning Board of Appeals has issued a finding that all special permit conditions have been met.  11. Special Permit will expire and terminate if all conditions have not been approved by the ZBA within 24-months of the date of the vote. 12. The applicant may schedule an earlier review before the board by request to the chair and representation that all special permit conditions have been met. 13. Review date – April 8, 2025 (amended January 14, 2025) JB – Motion Seconded Voted 5–0 to Grant a Continuance on the Review to April 8, 2025 with conditions 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 CT - CT – The permit holder emailed Mercedes at 4:27 PM, on the day of the meeting, requesting a reschedule for March, April, or May. CT – Is anyone present or online to speak for, on favor or against this petition? None CT - Outstanding issue is whether the 2017 parking plan needs updating due to changes in traffic patterns (two-way Main Street and Boulder Drive). CT – Proposing to grant the permit holder request to March 11, 2025 meeting. Seeking a response from the relevant departments (Traffic Control and DPW) at the next meeting and a decision will be made based on the department’s response. JB - Motion in the affirmative on ZBA-23-40 under §181.313D12 & §181.94 to Continue the Review to March 11th, 2025, the Board continuing all conditions and modifying the review date as follows: 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: 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 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 – March 11, 2025 (modified 1/14/2025) BG – Motion Seconded Voted 5–0 to Grant the Continuance to March 11, 2025, with conditions ZBA-2022-33 Christopher Cordio 109 OAK HILL RD 6:00PM 2 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 SPECIAL PERMIT SUBJECT TO VOTE ON REVOCATION DUE TO VIOLATION OF CONDITIONS CT – Permit Holder is not present and there has been no communication from him, records show that property has a new owner as of September 10, 2024. Zoning Secretary mailed a certified and regular mail notice to the new owner of this evening’s public meeting; there has not been any communication in response from the new owner either. Due to the transfer of Deed from Christopher Cordio to Cornerstone Commercial Capital Inc., this Special Permit terminate/expires as stated on condition #12. CT – Is anyone present or online to speak on this petition please raise your hand? None CT. I want to note that this was specifically advertised that the special permit was subject to a vote on revocation due to violation of conditions. In addition, a copy of the notice was sent to the permit holder and new owner. Therefore, a new application will be required from the new owner to re-instate Special Permit. MM - Motion in the affirmative on ZBA 2022-33 under §181.313 to Revoke the Special Permit, due to the violation of condition number twelve (12) as listed below: 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 dated of the decision. (Found violated on 1/14/2025) RT – Motion Seconded Voted 5–0 to REVOKE the Special Permit due to violation of condition #12 ZBA-2022-05 AG Dream Flip LLC 83-85 MARSHALL ST 6:00PM Review of the Special Permit under §181.3366 of the City of Fitchburg Code to reinstate a vacant/Abandoned building as a 3-family dwelling located in the Residential C District Map 10 Block 64 Lot 0 Present was Harold Matteo (Project Representative) stating that, this week the contractor encountered ledge while digging to set the wall, but we're back on track. So, now they have to get a different type of machine out to hammer out with the walls going. So, they expect to have at least half of the wall built by next week, weather permitting. CT - Are you talking about the wall that's up at the top of the property, or the wall that's around the parking area? – HM - The parking area up the stairs to the left CT - When I was at the site of this week, I saw a large number of concrete block and construction material on the opposite parking lot. – HM - Yes, those are the blocks for the wall. CT – It’s that the same property owns that lot? – HM - That's the other 4-parking spaces will eventually have once those blocks move out of the way. CT - Will the safety fencing be back up? – HM - Yes, owner did order it, and it will be coming back on Friday. CT - If we're looking to set an extra review date? Is that realistically going to be in two months? – HM – Yes CT - We don't want to keep you coming back unnecessarily – HM - I don't mind updating you with the project, and we're trying hard to be done in about two months. CT - Is there any person present or online who wishes to make a comment or ask a question? 3 Mr. Commissioner - My question is, or follow up on that retaining wall in the back. Where do we stand with that, exactly? When's it going to be ripped out and replaced with a hook line retaining wall? – HM - I don't know if you saw the pictures of what was there before, so the builder tied the wall in with anchors to the granite and poured it to the best of the ability with what's there now. The wall does not look it's falling over, like is was before. Also, this isn’t part of what I was supposed to be doing at this property, I did it at the request of the owner. Mr. Commissioner - For the Board's clarification and even Mr. Matteo is saying he did it; he didn't actually do it. There was another contractor the owners hired to do it. I understand the old one was falling over and in bad shape, and a new one was installed without any permits, without any design. The uploaded photographs don't show a key way, neither any connection between the footing and the wall. The wall is right at the edge, so there's no overturning. So, we need that wall to be done in the code required manner. – HM - I'm sorry you feel that way, but it's better than the one was there prior. Mr. Commissioner - I'm not advocating for the Board to make any conditions on this, I am saying I will not issue a certificate of occupancy with the wall in that way. I'll say for the record, there is no engineer that's required to do it; it's a short wall, but it's a wall that required a building permit and it was not built to code. CT - The wall in the rear of the property was not the subject of the special permit, the subject of the special permit is the wall around the parking area. – HM - Correct. CT - The Building Commissioner issues the building permits, and does the examination as to whether or not piece of construction has been built to code. If there is an issue of whether or not the Building Commissioner has properly interpreted the code, the appeal on that goes to the BCBS, not to the Zoning Board because it's not a zoning issue it's a building code issue. But I am certainly in support of structures in the City being built to code and safe, safe being the primary concern. CT - I'm going to note that there was an e-mail dated January 13th, but you've discussed it, so I don't I'm not going to read it into the record. Move to discussion on the continuance: CT - To ease the process and the number of reviews that we have before us, I am going to set a far review date. If the project is complete sooner, the permit holder may request a hearing a month before the meeting. This might be an appropriate project for that to happen on. MM - If we do December 2025, allowing the applicant to request a sooner review date. All conditions to remain. MM – Motion in the affirmative on ZBA-2022-05 under §181.3366 to Grant a Continuance on the Review to December 9, 2025, allowing the permit holder to request a sooner review in writing within a month in advance. Continuing all conditions as follows: 1. Retaining wall on the house facing side of the street to be face blocked. 2. Parking spots to be paved with asphalt and striped. 3. Snow removal area to be paved with porous material. 4. A guard rail shall be installed, and dumpster screening constructed of solid vinyl fencing, not chain link material, shall be installed where the waste bins are kept. (amended 11/12/2024) 5. Cement steps to be maintained and repaired with a metal handrail added. (Amended 11/12/2024) 6. Grass to be installed in the front yard by May 2025. (Amended 11/12/2024) 7. Site Plan Approval, including the final approved plan and all conditions to be incorporated and made part of this Special Permit; the project shall be constructed according to plan. 8. Property to be kept clean during construction and construction debris to removed regularly. 9. Dumpster to be emptied regularly, no vegetative overgrowth and area to be kept in a clean and neat manner. 4  10. Special Permit will terminated/expired upon the sale/transfer of the property from Casdi Realty LLC prior to Occupancy Permit being issued. After issuance of the Occupancy Permit, this condition will be released. (Amended 11/12/2024) 11. Permit holder to remove and replace the retaining wall to the right side of the existing or proposed new stairs. 12. Permit holder to place a construction safety fence in front of the hole next to the stairwell, until filled in. (Amended 11/12/2024) 13. Permit holder to remove a tree lining into neighbor’s property for a safety concern and to be completed by January 16th, 2024. (Satisfied) 14. No certificate of Occupancy shall be issued until the Zoning Board of Appeals has approved the completion of all conditions. Permit holder may schedule a review upon completion of all conditions in writing within a month in advance. (Amended 1/14/2025) 15. Review –December 9, 2025. At the next review permit holder shall have a further discussion regarding the retaining wall in the front of the property. (Amended 1/14/2025) JB – Motion Seconded Voted 5–0 to Grant the Continuance on the Review to December 9, 2025 with conditions ZBA-24-37 Elizabeth Sodano-Brisebois 0 AMIOTT ST 7:00PM Continued: Dimensional Variance under §181.416 of the Fitchburg Code to grant a reduction in the amount and quality of frontage required, where the frontage is on a paper street, on a vacant lot pursuant to §181.93 in the Residential B District Map 65 Block 13 Lot 3 Present were Elizabeth Sodano-Brisebois (Applicant) and Atty. Anctil (Petitioner Legal Representative), stating that the lot meets all dimensional requirements, eliminating the need for a variance. The fire department confirmed the suitability of the lot for a house; the drive will be paved for safe access. The proposed development aligns with the neighborhood’s character and won’t impact property values. The property already complies with zoning regulations regarding lot size and frontage under Section 181.4122. A variance is requested for the frontage along Amiott Street, due to it being a paper street that hasn’t been developed, impacting the requirement for safe and convenient vehicular and utility access. Amiott is a public way that was accepted by the city of Fitchburg, which is filed with city records as a public way, around 366 Beach St. The property plans prepared by BKS Trust dated October 12th, 2007; shows are compliance with your table of dimensional requirements, including frontage to be met. CT - Was there any conversation with Chief Suarez that would enlighten this description? - Atty. Anctil - There was no direct conversation with Chief Suarez. The instruction was to consult the fire department regarding access to the property. The fire department has indicated they are satisfied with the access, and no additional action is required from the applicant’s side at this stage; this is a compliant lot which is on a public way, and it’s taxed at a full value for a buildable lot and property is going to be served by water and city sewer. CT – Is anyone present or remote that would like to speak for, on or against this petition? Chief Suarez, (Fitchburg Fire Department) to confirm that there are no issues with the property, and not a major concern, with access from a 20-feet width paved driveway for a fire engine. CT - Can you enlighten us, as to what are some of the requirements? That you would expect to see an insensible engineered plan. – Chief Suarez - Frontage and access to us, are two different things. What we would really need access from the paved road to a paved driveway and on architectural plans with say 20-feet of width and we can get a fire engine into that driveway to access it. That's about all we would need. It would be no different than any other property that's Fitchburg, CT - Is there is there a distance from the nearest fire hydrant? – Chief Suarez – It’s set by the insurance companies, but typically, we like to see a hydrant within 900-feet of a property. CT – Any distance from the fire hydrant. – Chief Suarez – Yes, it is set by insurance, but 900-feet. CT – It was noted that the applicant didn’t provide a driveway design, due to uncertainty about the buyer’s specific preferences. However, the fire department has confirmed that the access is acceptable. 5  CT - I'd like you to go through the variance criteria, please. – Atty. Anctil – I personally have a hard time figuring out; I think the Building Departments thoughts were that since this isn't a paved road to the end. Therefore, there isn’t an issue with the shape, soil and topography of this lot, which is a flat lot and dimensionally compliant and it doesn't create a health or safety issue. CT - I want to be very clear because as the ZBA, we must find an issue with the soil, the shape, the topography, or an existing structure in order to grant a variance. I think the argument you have been making, is an appeal of the Building Commissioner's decision, instead of a dimensional variance. Which is what was advertised for this meeting, because that's what was applied for. – Atty. Anctil - It's unique characteristic lot, it will allow for safe vehicular access. The board could certainly impose a condition to say that we are going to have a paved driveway, which shall be approved by the fire department. CT - I would not necessarily myself consider the shape of the lot to be the issue that creates the problem. The problem is very simply that the road has not been constructed; I think of the most appropriate use of the land, which is part of the criteria. This is a single family dwelling lot, I think is the most appropriate use. I do see the hardship, because the construction of a city compliance Rd. is a substantial expense. JR - Along the lines of discussing, the variance as opposed to the applicant did not apply as an Appeal the ruling of the Building Commissioner. If the board feel differently about it, or do we give them the option to withdraw. – CT -Well, I think the applicant, whether or not we vote on this particular application, would still have the option of an appeal, if they had the zoning determination letter reissued because we have the 30 day issue. CT - I think reaching that discussion, if we move forward on this application. I'd first like to have a vote on whether or not board members are inclined to grant the variance, or not. If sufficient board members are inclined to grant it, then we would have a further motion on any conditions under which the variance would be issued. Before taking this vote I would ask Council on whether or not, there's a preference after hearing the board deliberation, to request leave to withdraw without prejudice. – Atty. Anctil – Very difficult, due to my remote participation I would need to discuss it with my client prior to decide. CT - Because you are remotely without the ability to speak to your client, and I have sympathy for that. We have another matter that is going to take a little while; I can certainly suspend this and resume it at the end of the meeting. – Atty. Anctil - Can we ask for a continuance for the next meeting? CT - You can, then we would take a vote on whether or not that would the board members would want to do that. JB - Motion in the affirmative on ZBA-24-37 under 181.416 to Grant a Continuance on this matter to February 11, 2025 BG – Motion Seconded Discussion on this motion: Mr. McLaughlin, this is the second meeting the applicant has. Council had plenty of time to prepare for this, we spent a lot of time on the case, I don't know what other information is going to be brought forth with regards to this. I'm prepared to make a vote. Voted 3–2 to Grant a Continuance on this matter to February 11, 2025. Motion FAIL (MM & JB) CT – Petitioner is requesting to interrupt this matter, so petitioner can have some time to discuss with the Attorney in the consideration of withdrawing the application. Due to a continuance was denied, request was granted. Re-opening the hearing on 0 Amiott St: CT - There's a question that we had asked, which is whether you wanted to request leave to withdraw without prejudice, before the board took a vote on the matter. – Atty. Anctil - We would like to withdraw JB - Motion in the affirmative on ZBA-24-37 under §181.416 & §181.93 to Grant Leave to Withdraw without prejudice as Petitioner requested. BG – Motion Seconded 6 Voted 5–0 to Grant Leave to Withdraw without prejudice as Petitioner requested. ZBA-24-38 Bryan Wiebold 0 AIRPORT RD 7:15PM Special Permit under §181.313 of the City of Fitchburg Code to open a contractor’s yard business on a currently vacant lot pursuant to §181.94 located in the Industrial District Map 142 Lot 10 Block 0 Present were Frank Minichiello from West & Sampson Engineers. and Brian Wiebold (Business Owner/Applicant) stating, our objectives is to look for approval for development of a contractors yard, or scrap metal recycling, and our deadline is approaching because we're looking to close on the property by the end of January. The proposed improvements include an administration building, which's going to be slightly set back further from the previous building that was located in that vicinity. In addition to that, there'll be a small scale house, parking in front of the building. On the side of the building adjacent to the property line will be two scales situated roughly in the middle of the yard on either side of the scale house. There'll be concrete pins for scrap metal sorting along from this side. Entrance and exit through the yard will be through existing gates, which are already in curb cuts on the property. This was the old Paper Mill, which in 2009 or 2012 it was demolished. So, with all the features that I mentioned, there are some existing contaminated piles on the property. So, the first step would be to clean those piles and the property before any improvements. As far as improvements to the property, there were existing connections to water and sewer, which would be hooked up onto the drainage for that property. We intend on containing that all on site and complying with all state and local regulations in regards to that. There will be additional complying final plans, and for the stormwater permit addressed in future models. CT – On the proposed building, what is the setback going to be from the front? FM - 37 to 38 feet CT - What are the dimensions of the proposed building? – FM – It’s roughly 70 by 150. CT - What's the height proposed. – FM – I think less than 20 feet. CT - Your written description indicated that there were 20 to 30 employees expected on the site. – FM – Yes CT - What is the timeline anticipated for the build out of this site to that point. – FM - Possibly two (2) plus years CT - Is the purchase dependent upon approval. – FM - My client wants to make sure that he's going to be able to have the use of this property for what he's intending to use it for, before purchasing. CT - Hours of operation? – BW - Generally, they're all different and depending on what the town allows, obviously I want to be able to put in as many hours as I could. CT – You have said that the proposed facility will receive, process, and sort scrap metal at this facility, prior to being shipped to customers into other facilities. This site will not operate as a storage facility, so what is the processing that you are doing on site. – BW - It's a scrap metal recycling facility that takes scrap metal in from the street; meaning plumbers, electricians, anyone that generates scrap metal. It's brought onto scales, weighed and bought at market price. We set the market price in accordance with what we can sell it to our vendors, there’s many different vendors for different types of material. Now, the material will come in bulk, such aluminum might be 5-6 different types of aluminum. We process and segregate it into its proper categories and package it for resale. Same process with steel and copper. CT – Is this what the word processed means? Are you simply taking the pieces and separating them? In most cases, is shredding going on? - BW - I don't have any shredding going on at that location; we have machines that cut the material and break apart the material. We got excavators that move the material, but a shredding operation I have no interest in putting. We don't take vehicles, scrap metal for appliances, light material. Different grades of material, lighter material versus heavy, eye beams, cast iron and manholes. CT – So, your description talks about tractor trailer trucks, that you expect 5 to 20 tractor trailer trips a day coming in and out of the facility. Is this something where the public can show up and sell their scrap? Is this something where you're taking material in from professions or has it already been aggregated somewhere else? – BW – Both, we welcome everybody in our facility. So, yes it would involve tractor trailer, trucks, vans, small trucks, cars. CT - Is it your tractor trailer trucks or other people's? – BW - Both. CT - How many would you expect to have on site? – BW - Some days there won't be any coming in, and other days there could be 5 or 10 CT - Looking back at the plan, I note that you have put the bins on the right hand side on the top, which runs next to the awning business and behind the Catholic Church. What's the reason that the bins are positioned there? – BW - Well, the land changes and there's a big bank and plus the entrances, I think it fits that area to create some 7 great natural barrier and there's probably a 50 foot high embankment elevation between the church and the awning place CT – How many locations do you have? – BW - Maintenance facility in Lowell, Worcester facility, Everett and in New Hampshire; 4-facilities total? CT - How long have you been in this business? – BW - My whole life. My family had a business, and I worked there since a little kid and my wife and I took over the business in December 6, 1999. CT - How long have you been in New Hampshire? – BW - Close to 20-years, maybe. CT - And how long have you been in Worcester? – BW - Five to seven years now. CT - Do you require any permits from DEP? – BW - Scrap metal doesn't require any DEP or state permits as far as the licensing CT - Have you had any regulatory action taken against you in the facilities. – BW - OH yeah, and that's how we learned. CT - Can you tell me a little bit about that? – BW - Not many, maybe some storm water issues, because when we first started there were no regulations or nothing being enforced. As you go along these regulations changed, but whatever infractions that were brought to our attention, we always worked in a positive way with the agencies whether it be DEP or EPA to resolve it. Do CT – Do you have any outstanding or unresolved? – BW - If something, we addressed it immediately. CT - How long ago was the last one? – BW - I don't remember CT – So, I want to understand what the intention is with the storm-water system, because the city has a long ongoing storm-water sewer separation project going on. It's my understanding that it is not yet taken place in that area of the city, and is in fact contemplated to be done last. Therefore, storm-water system is not available in that area; do you have any treatment planned for the on-site disposal? – FM - So in Worcester it was a similar situation, and all the storm water was brought into a basin. Pretreatment process and then infiltrated into the ground with galleys. CT - What does that mean? Because I want to understand, if you keep it on site, it's draining into the water system that's nearby. – FM - It's infiltrating into the ground and it's wouldn't discharge it directly. We would test on that site on a regular basis; monthly to meet those requirements CT - You said there were contaminated piles, what testing has been done? and what's the contaminants on the property currently? – BW – So, apparently there was a number-six fuel leak on this property at one point, so the previous owner was under a DEP. open site and. That number six fuel oil contaminated soil, was stockpiled on the existing foundation that sits on the site. Once we purchases the property, we would do additional sampling for soils as well as groundwater. CT - What measures are being taken to mitigate the noise that's going to be generated by this use? – FM - We're looking to use the natural buffer. CT - On the northeast is a bus facility, and then the neighbors. To the south is buffered by a separation between a lot and Falulah Street. Have you had any measurement done of what are the noise levels generated at your other facilities? – BW – No CT - As an applicant, what is the benefit to the city of allowing this use, and why does it outweigh the detriments created? – BW - Everybody that comes into our facility is going to leave with money and they go spend it in the community. It also gives people an avenue rather than just throwing stuff in their trash or on the street, it a convenience sake for businesses, homeowners, citizens or whatever. Not to mention in employment, and the environment of the cleanup that property that's been sitting for over a decade would also be a benefit to the community. CT - Is there any contemplation to give priority to hiring Fitchburg residents? – BW – Yes, absolutely. CT - What is the tonnage that's taken in an average daily? – BW - I don't have those numbers, I could get them, but it's different every day CT – Opened for public present or virtual comments: Community Development has met with this contractor developer and supports their intention, a contractor yard to recycle materials on site was appropriate for this use. CT - We also had a couple of letters from Mayor Squailia. First, a letter of support, and 2nd, a letter with some response to questions. David Duval, 100 Falulah Street. I've got 2-questions; will the entrances be on both ends, the Airport Rd. and Falulah St.? – BW - I have no plans to use the back entrances, Airport Rd. it's the best way, but there 2-entrances in the back. I would like to leave those options open to use them for my private use. My house, which abuts the fence that I put up years ago. I was one foot off the line, and previous owner knows he was one foot on his side. So, there's a 2-inch space between the fence going up the hill behind my house. When you get heavy rain, the water comes right off the road on both sides of my shed, under the fence and onto that 8 property. I'm concerned if you're going to put up something solid with what it's going. – BW - I have no interest in putting a stone-wall or something there, and we can discuss it. Miss Bohart, Economic Development Director within the city's Community Development Department. From an economic development standpoint, it's encouraging to see an industrially zoned site with an industrial user seeking to use it after it lays fallow for quite a number of years. My question and curiosity, the applicant was saying that will come might be haulers; a bigger supplier, metal haulers, but even the little guy could use the facility. I wonder to better understand the industry, how do they discern when it's smaller individual bringing a smaller amount of metal make sure that it's from an honest source rather than being taken. – BW - Everything that comes in our facility is documented, driver's license information on every sale. We work with local law enforcement, so 99% of something is stolen; we are able to assist if needed. Councilor Derek Cruz, my concern and I might be mistaken if there's the recycling process takes place on site and the release of airborne contaminants, like sulfur, dioxide that create a pretty gnarly smell in the area. As you, all know of many residents there, it creates a quality of life issue. I respectfully encourage the board to do what it always does, and its diligence and making sure that the criteria for special permit contains measures to prevent this and to ensure the quality of life for this area at ward 6. – BW - No, actually there's a lot of processing, but its scrap metal and not going to get a lot of solid waste CMD materials. JB – Since I've been on this board, I have done a lot of contractor’s yards. Contractors yards, in my opinion and from what we have done in the past, have been places where contractors come and they store their vehicles, their materials and that's it. This is not a contractor's yard. No matter what you look at it, in my generation we call it a junkyard. RT - I would say if anybody has ever tried to take anything to the local landfill, this would be a great improvement to the city. BG - In terms of crushing, you'll be taking refrigerators. – BW - Correct? BG – So, you'll be crushing them, on site or? – BW – Absolutely, we put aside and a company that comes in and evacuates them. MM - You have these bays along the church side, how big are those bays? – BW - They vary in size, they could be by 20 by 20, 30 by 20 or 25 by 20, very seldom that's any bigger than that. MM - You're going to have different types of scrap metal piled in each of these? – BW - That's correct, sorting bases MM - Do they have drainage system on them when it rains; does everything just wash off the concrete? – FM – No, it washes out into the yard and goes through the proper filtration program. MM - Is the original structure foundation was on, is going to be removed? – FM - It's not there. CT - We did receive a support letter from Mayor Squailia, and I had asked some questions and there is a response letter as well. Please see exhibit “A” CT - I would like to have a site visit to the property, so we can take a look and understand the proposed project. I am also interested in seeing your other operations, prior to the next meeting to have a good understanding of what it's like to have a facility operating in the community. I also want to note that the AKS site to me is different, because of its isolation and different location for the area. This parcel being looked at is adaptive industrial, half of the church parcel being industrial and then half being residential. So, it's a mixed neighborhood, which is why I want to understand what the impact is on the surrounding property and mitigated if at all possible. Our normal procedure for doing a site visit, with a non-quorum of the board members prior to the next meeting. The site visit is scheduling is done through the building secretary. - BW - If I made a deal with AKS would it be a much easier process, or are we going to go through this same thing? CT – As board members this is the first time seeing this, it’s a large project and we're not able to come to a decision without doing some investigation about the use. – FM - I'd like to ask, if we could get pre approval so that he could move forward with purchasing the property. CT - I understand why, but I would not myself be in favor of taking a vote on it tonight. – RT - I would. – MM - I don't CT – So, we can schedule to continue to February, to allow the site visit to occur within that time. MM – Motion in the affirmative on ZBA-24-38 under §181.313 & §181.94 to Grant a Continuance to February 11th, 2025. 9 BG – Motion Seconded Voted 4–0 to Grant a Continuance to February 11, 2025 5. MISCELLANEOUS - ● - Election of Officers ● - Election of Officers CT – It is the election of officers for the coming year. MM – Motion to nominate Christine Tree to serve as a Chair for the 2025 Year. BG – Motion Seconded Unanimous vote to keep Christine Tree to serve as the Chair for the 2025 Year. CT – Motion to nominate Michael McLaughlin to serve as Vice-Chair of the CBA for the 2025 year. JB – Motion Seconded Unanimous vote to keep Michael McLaughlin to serve as a Vice-Chair for the 2025 year. CT – Motion to nominate Joseph Byrne to serve as Clerk for the 2025 year. MM – Motion Seconded Unanimous vote to keep Joseph Byrne to serve as a Clerk for the 2025 year. 6. ADJOURNMENT 10