Zoning Board

Approved by the ZBA 09/22/21 CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 MEETING MINUTES MEETING HELD via ZOOM WEB CONFERENCE WEDNESDAY, SEPTEMBER 23rd, 2020 @ 7:00 P.M. 1. Roll Call. Chairman Matthew D’Agostino called the meeting to order at 7:00 pm Members in Attendance Matthew D’Agostino, Chairman Present Laura Walta, Vice Chairman Present Vincenzo Pesce, Board Clerk Present Philip Cultrera, Member Present David DiNatale, Alternate Member Present Ronald Pitocchelli, Alternate Member Absent Others in Attendance Jodie Geary, Zoning Board Secretary Petitioners and Representatives of Petitioners Chairman Matthew D’Agostino called for a moment of silence then led the Board in a salute to the American flag. 2. Acceptance of Minutes: For the record there were no minutes available for acceptance. 3 Old Business: Any correspondence referring to: 1. Request to Withdraw a Petition on the Agenda: For the record there are none 2. Request for a Reconsideration of a Denied Decision: For the record there are none. 3. Request for Significant Change on a Denied Decision: For the record there are none. 4. Request for a time extension on a Granted Decision: For the record there are none. 4. New Business: #2020-14 Fidelity House Inc., 439 Union Street, Lawrence, MA 01843 1 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 A Variance is required under Section VI-D in an RD (Residential D) Zone to construct a new Single family dwelling (for an adult group home) that will be over the allowed maximum lot coverage of 25% at 28 Brook Street, Methuen, Massachusetts 01844. Chairman Matthew D’Agostino read into the record a request from the petitioner to continue to the October 21st meeting. The Chairman entertained a motion to accept the continuance as requested. MOTION: Philip Cultrera so moved. SECOND: Laura Walta DISCUSSION: None VOTE: UNANIMOUS #2020-13 Patricia Dignam, 697 Forest Street, Methuen, MA 01844 A Variance is required under Section VI-D in an RA (Residential A) Zone for a 16’ X 28’ Single Story Addition. The addition will be too close to the side setback and over the max allowed lot coverage (1,705 sq. ft. allowed 1,844 sq. ft. is calculated with new addition) at 697 Forest Street, Methuen, Massachusetts 01844. Ms. Dignam stated that she was seeking relief from the side setback to construct a single story attached garage to store her vehicle. Chairman Matthew D’Agostino opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Paul Marino, 703 Forest Street: Mr. Marino had questions about how this would impact his property. Chairman Matthew D’Agostino responded that the garage would be eight feet from the property line, where 30 feet is required. This petition will not require the abutter to make any adjustment to his existing fence. Mr. Marino responded that he does not have any opposition to the addition. Chairman Matthew D’Agostino closed public participation. Mr. Cultrera asked if the petitioner had considered building slightly further to the rear which would give her a little more distance from the abutter, Mr. Marino. Laura Walta commented that if the front of the garage was pushed back nine feet the entire garage would be within the allowable coverage by the Zoning Ordinance. Ms. Dignam responded that the proposed garage is located where the existing driveway is. There is ledge at the back of the property. She is planning to remove an existing shed so the garage will be large enough to have room in the back the store the shed items. Chairman D’Agostino commented that he doesn’t have a problem with the garage in the location shown on the plan if the abutter doesn’t have an issue. He is concerned that redesigning the plan could present a hardship to the petitioner. 2 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Laura Walta stated that her concern was that it is an undersized lot that is already non-conforming. David DiNatale asked if the project would interfere with the large trees on the property. Ms. Dignam responded it will not interfere with the trees. In response to questioning by Mr. Pesce, Ms. Dignam noted that the garage will blend into roofline of the house, which is why they are keeping it single story. Mr. Cultrera commented that it is a very oddly shaped lot, and he doesn’t have a problem with the project if the abutter is not opposed. Chairman Matthew D’Agostino called for the vote. ROLL CALL Matthew D’Agostino, Chairman Yes, per plan Laura Walta, Vice Chairman No Vincenzo Pesce, Board Clerk Yes, per plan Philip Cultrera, Member Yes, per plan David DiNatale, Alternate Member Yes, per plan Ronald Pitocchelli, Alternate Member Absent #2020-15 Saisa Realty, LLC, 240 Pleasant Street, Methuen, MA 01844 Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a 2,176 square foot accessory building in a Limited Business (BL) Zone that will be too close to the side lot line as shown on Preliminary Site Plan prepared for Saisa Realty, LLC, 240 Pleasant Street, Methuen, MA 01844, by Greenman Pedersen, Inc., dated August 18, 2020. Attorney Anthony Copani, representative of the applicant, presented the plan to the Board. The petitioner is seeking relief in order to construct an accessory garage which will not comply with the setback requirements. The site contains 176,148 square feet, with 230 feet of frontage. There are presently 3 major office building situated on the site. The applicant is proposing to construct a four bay garage with a utility break room to provide covered parking for their specially equipped, non-emergency transportation vehicles. The vehicles are used to transport persons with disabilities from facility to facility. This garage complies with all of the zoning requirements in the BL district except for the side setback, which is 10 feet where 30 feet is required. The building will be located at the back of the site. The existing retaining wall will be relocated further back, closer to the lot line, and the dumpsters located in that area will be relocated. What makes this unique is that it is de minimis in nature because the property abuts the Route 213 ramp. There are no abutters that will be affected, the neighborhood will not be impacted, and there is some natural vegetated buffer existing. Also, the setback of ten feet is actually further away than the existing parking area, which goes almost to the lot line, so the proposed garage will actually be further away than the vehicles that park there now. Attorney Copani noted that the garage will be occupied by Team Build Inc. Its corporate offices have been in this location for 10 years and during that time there has not been one complaint, violation or incident regarding its operations at this site. The company has a proven track record of doing things the right way. Chairman D’Agostino questioned whether the vehicles currently parked outside will now be in the garage. 3 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Attorney Copani responded that the garage would house four new vans with specialty equipment that is required to be stored in a covered area. They are not ambulances and will not use lights or sirens. He also noted that no repairs will be conducted on site, it is merely to house the vehicles. The hours of operation would be 6:00 am – 6:00 pm. In response to a question on ownership, Attorney Copani explained that the three buildings currently on the site are under separate ownership, with one condominium association, which is all the common area. The documents specifically provide for the petitioner to construct the garage on the common area. Chairman Matthew D’Agostino opened the floor for public participation. For the record, the following person spoke in favor. Benjamin Goodman, owner of 238 Pleasant St.: Mr. Goodman is the owner of the abutting building and is part of the condo association. He is in favor of this project. Also stated that he spoke to the owner of the other building, who is also in favor of this project. For the record, nobody else spoke in favor. For the record, the following people spoke in opposition: John Ness, 21 Bruce Street: Mr. Ness asked how many spaces that are currently used for parking will be lost and whether or not the vehicles will be equipped with sirens. He stated that his main concern was noise. Attorney Copani responded that the number of spaces required, based on the square footage at the site, is 201 parking spaces. Presently existing on the site are 251 parking spaces. By constructing the 4 stall garage and moving the retaining wall, they will be adding a space, for a total of 252 spaces after the garage is constructed. He also responded that the vehicles will not be using sirens and he reiterated that there will be no repairs at all on site and they would accept that as a condition. Mr. Ngeth, owner of the property stated that most of the time the vehicles would be off site. Nothing will change in terms of noise. They will be exercising the same good neighborliness that they have since they began. Attorney Copani suggested that the Board place a condition that there are to be no sirens or lights to be used on the site. He explained that he had previously understood that there would be no lights or sirens, but it was clarified that if it was required by whatever state agencies, they do business with, they would have to have them equipped. Chairman Matthew D’Agostino read into the record, correspondence in opposition from John Ness of 21 Bruce Street and Andrew Hakansson of 25 Bruce Street citing noise and traffic concerns. For the record nobody else spoke in opposition. Chairman D’Agostino closed public participation. Laura Walta asked if the vehicles would be powered by gasoline or diesel fuel. Here concern is that diesel vehicles need to be started early, especially in the winter, and they make a lot of noise. Attorney Copani responded that they are gasoline vehicles. 4 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 David DiNatale asked if the row of trees adjacent Route 213 would be impacted in any way. David Jordan, Engineer representing the applicant responded that no trees along the Route 213 property line would be removed. Chairman D’Agostino inquired about the composition of the building. Mr. Jordan replied that it is a metal building that would be no more than 25 feet in height, to the peak of the roof. Attorney Copani noted that if the Board approves this petition, they will be required to appear before the Community Development Board for Site Plan Approval. MOTION: Laura Walta moved to impose the following conditions that the applicant has agreed to. • Limit of 4 vehicles • Garage storage only, no repairs or other activity • Lights and sirens will not be used on site • Hours of operation are Monday – Friday, 6:00 am – 6:00 pm SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS Chairman Matthew D’Agostino called for the vote on the petition. ROLL CALL Matthew D’Agostino, Chairman Yes, with conditions Laura Walta, Vice Chairman Yes, with conditions Vincenzo Pesce, Board Clerk Yes, with conditions Philip Cultrera, Member Yes, with conditions David DiNatale, Alternate Member Yes, with conditions Ronald Pitocchelli, Alternate Member Absent 5. Adjournment: There being no further business before the Board, Chairman Matthew D’Agostino entertained a motion to adjourn. MOTION: Laura Walta so moved. SECOND: Philip Cultrera VOTE: UNANIMOUS Chairman Matthew D’Agostino adjourned the meeting at 7:54 pm. Respectfully Submitted, Nancy P. Hudson 5 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Community Development Confidential Secretary NEXT ZONING BOARD MEETING: OCTOBER 21st, 2020 Anyone needing an access accommodation to participate in City of Methuen programs or services, please contact Gene Walsh, ADA Coordinator at 978-983-8625 or GWalsh@ci.methuen.ma.us at least 2 weeks in advance, or 2 business days before any Board or Commission meeting. This notice is available in alternative formats upon request. 6 Filed in the Office of the City Clerk 09/27/21