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, October 21, 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 Present Others in Attendance Jodie Geary, Zoning Board Secretary William Buckley, Director of Economic and Community Development Petitioners and Representatives of Petitioners Chairman Matthew D’Agostino called for a moment of silence in memory for all Americans who have died for our country, then led the Board in the Pledge of Allegiance. Chairman Matthew D’Agostino entertained a motion to amend the agenda by placing the following agenda item after the last petition under 4. New Business 5. Request for Insubstantial Changes to a Comprehensive Permit: . #2016-19 Residences at Pleasant Valley, LLC, 83 Pleasant Valley Street, Methuen, MA 01844 MOTION: Vincenzo Pesce so moved. SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS 2. Acceptance of Minutes: For the record there were no minutes available for acceptance. 3. Old Business: 1 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Any correspondence referring to: 1. Request to Withdraw a Petition on the Agenda: #2020-14 Fidelity House Inc., 439 Union Street, Lawrence, MA 01843 Russ Tedford of Hancock Associates, representative of the applicant, requested to withdraw the petition without prejudice because it has subsequently been determined that a Variance is not required. Chairman Matthew D’Agostino established that the following members would be voting members and called for a vote: ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Yes Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes 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: #2020-16 Byron Garcia De Leon, 1 Armstrong Avenue, Methuen, MA 01844 A Fence Ordinance Waiver is required under Chapter 9 Section 9.89, paragraphs B-1 & D of the City of Methuen Zoning Ordinance, in a Single Family Residence (RD) Zone for a 6 foot privacy fence on the front lot line along Bradley Avenue and Burrill Avenue at 1 Armstrong Avenue, Methuen, MA 01844. Mr. Garcia presented his plan to the Board. He is requesting to have the fence in this location because he has three children, one that is very active and is required to stay within the bounds of his own property. Chairman Matthew D’Agostino opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Chairman Matthew D’Agostino closed public participation. In response to a question by Vincenzo Pesce, Chairman D’Agostino explained that the variance was required because a small portion of the 6 foot privacy fence was in the front yard. Vincenzo Pesce asked if the house number would be visible with the six foot fence in the front yard. Mr. Garcia explained that the fence was entirely in the back yard. The portion in question is on the side of the house. 2 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Laura Walta clarified that the issue is that the house is on a corner lot and the variance is to ensure that there are no sight line issues. She noted that the 20 feet required has been reduced to four feet in height to allow for a sufficient sight line. In response to questioning, Mr. Garcia noted that the fence would be white vinyl. Mr. Cultrera recollected that the Board had received correspondence from the Police Department concerning the height of the fence. They preferred a 3 ½ foot fence at the corner instead of a 4 foot fence. Jodie Geary clarified that the letter that Mr. Cultrera is referring to is from the Engineering Department. The Police Department did not have any issues. MOTION: Vincenzo Pesce moved to require a 3 ½ foot fence, as opposed to a 4 foot fence. SECOND: Philip Cultrera DISCUSSION: Ms. Walta asked the applicant if he was amenable to the 3 ½ foot fence. Mr. Garcia responded that he would be amenable if there was no other option, but he pointed out that the area with 4 feet was not a privacy fence and would not impede the sight lines. He also pointed out that the police officer that he met with told him that the four foot fence was fine as long as it was not a privacy fence. Vincenzo Pesce asked if the Fire Department had any concerns with the 4 foot fence. In response to Mr. Pesce’s question, Jodie Geary pointed out that she had forwarded correspondence from the Fire Department stating that they have no issues with the four foot fence. Laura Walta explained to Mr. Pesce that the fence would be four feet in height for 20 feet on each side of the corner of Burrill and Bradley. As you approach the intersection from both directions, there is a clear line of sight. The remainder of the fence is six feet in height, none of which is in the front of the house. William Buckley pointed out that the portion of fence at the corner, that is four feet, will be a see through picket fence for visibility. Motion withdrawn. Chairman Matthew D’Agostino established that the following members would be voting members and called for a vote: ROLL CALL Matthew D’Agostino, Chairman Yes, per plan Laura Walta, Vice Chairman Yes, per plan Vincenzo Pesce, Board Clerk Yes, per plan Philip Cultrera, Member Yes, per plan David DiNatale, Alternate Member Yes, per plan #2020-17 Timothy & Erin Marsh, 12 Hampstead Street, Methuen, MA 01844 Special Permit required, per Section IX-C of the Comprehensive Zoning Ordinance of the City of Methuen, to extend a non-conforming structure with an approximate 22’ x 32’ addition in a Rural Residential (RR) Zone that will be too close to the front lot line as shown on Plan of Land in Methuen, Mass. prepared for Timothy Marsh, Methuen, MA 01844, by Stowers Associates, Inc., dated September, 2020. Also, to clarify existing front and side setbacks for the structure at 12 Hampstead Street, Methuen, MA 01844. 3 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 The applicant, Timothy Marsh explained that he is seeking to build a 22 foot addition off the side of their house to accommodate their family and allow them to stay in their current home. The need for the Special Permit is because their house is too close to the front setback. The addition will be even with the existing house; they will not be building any closer to the street. He also noted that there is plenty of room on the side yard to fit the addition. Chairman Matthew D’Agostino opened the floor for public participation. The following person spoke in favor: Joseph Torosian 10 Hampstead Street: Mr. Torosian stated that the addition is 43 ½ feet from his property line and he has no problem with it. For the record, nobody else spoke in favor. For the record, nobody spoke in opposition. Chairman Matthew D’Agostino closed public participation. Vincent Pesce requested to see a rendering of the addition. Chairman Matthew D’Agostino pointed out that there was a picture in the packets sent out to Board members. Laura Walta stated that she presumes that the hardship on the land is the angle that the house was built on the land, of which the petitioner had no control or input. Although it’s a large lot, it is a small house and it’s not unreasonable for it to be expanded. William Buckley noted that with a Special Permit, it is not necessary to identify a hardship. The finding that the Board would make in such a situation is that the extension of the non-conforming use will not be more detrimental to the neighborhood and will not make the property any more non-conforming. Chairman Matthew D’Agostino read into the record, correspondence from six individuals residing at 2 Argilla Road, 4 Argilla Road, 6 Argilla Road, 5 Hampstead Street, 4 Hampstead Street, and 10 Hampstead Street stating that they are not opposed to the project. He also noted that he had a letter from Mr. Beaucher at 22 Kerri Ann Circle, also not in opposition to the project. Chairman Matthew D’Agostino established that the following members would be voting members and called for a vote: ROLL CALL Laura Walta, Vice Chairman Yes, per plan Vincenzo Pesce, Board Clerk Yes, per plan Philip Cultrera, Member Yes, per plan David DiNatale, Alternate Member Yes, per plan Ronald Pitocchelli, Alternate Member Yes, per plan William Buckley asked for confirmation that voting yes, per plan means that the Board finds that the extension of the non- conforming use will not be more detrimental to the neighborhood and will not make the property any more non-conforming. The Board confirmed that finding. #2020-18 Troy & Amy Sweder, 45 North Street, Methuen, MA 01844 4 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 of the Comprehensive Zoning Ordinance of the City of Methuen in a RR (Rural Residential) Zone for a 36’ X 44’ addition that will be too close to the front and right side setbacks at 45 North Street, Methuen, MA 01844. Mr. Sweder presented their plan to the Board. They are seeking to build an addition to their house that is too close to the road and to the side. The location of the house is grandfathered in because of its age. They have a hardship in that the lot is an odd shape. They are trying to utilize the widest part of the property for the addition to minimize the encroachment into the setback. The addition will be for his mother so she can come to live with them, and they can take care of her because she has mobility issues. He also noted that the neighbor that this will be closest to is more than 200 feet away. The addition will add garage space and a bedroom for his mother and a little more living space for their growing family. It will remain a single family home. Chairman Matthew D’Agostino opened the floor for public participation. The following person spoke in favor: Frank Gaffney, 38 North Street: Mr. Gaffney said he lives right across the street and has no problem with what they want to do. Patrick Hill, 43 North Street: Mr. Hill stated that he lives next door to the Sweders and he has no issue with them building closer to the property line. For the record, nobody else spoke in favor. For the record, nobody spoke in opposition. Chairman Matthew D’Agostino closed public participation. Chairman Matthew D’Agostino read into the record, correspondence in favor from Patrick and Veronica Hill of 43 North Street, Frank Gaffney of 38 North Street, Eugene and Nancy Weisenborn of 44 North Street and Robert Farelli and Lorraine Valcour of 47 North Street. Ronald Cultrera commented that when he drove by the property, he noticed that there was a backhoe there. Mr. Sweder explained that they were doing some site work in preparation of building. Chairman Matthew D’Agostino established that the following members would be voting members and called for a vote: ROLL CALL Matthew D’Agostino, Chairman Yes, per plan Laura Walta, Vice Chairman Yes, per plan Vincenzo Pesce, Board Clerk Yes, per plan Philip Cultrera, Member Yes, per plan Ronald Pitocchelli, Alternate Member Yes, per plan 3. Old Business: Any correspondence referring to: 5. Request for Insubstantial Changes to a Comprehensive Permit: . #2016-19 Residences at Pleasant Valley, LLC, 83 Pleasant Valley Street, Methuen, MA 01844 5 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Al Ziedins, representative of the applicant, stated that they purchased the property at 83 Pleasant Valley Street, and they have been working on plans and finalizing all of the details to get a building permit. Due to a soil analysis conducted as part of the Geotechnical report, changes were made to the plan, to increase the height of the building and to reduce the rear setback. The changes are less than 10%, which is considered an insubstantial change. 1) Finished Floor Elevation (FFE) and overall site level have been raised by 4.5 feet 2) The footprint of the building has shifted to the southwest reducing the setbacks Dennis Dale, the landscape architect representing the applicant, explained that by bringing the grade up, they were able to eliminate the retaining wall shown on the approved plan. This allowed them to bring the curb over without effecting the trees in that location. This is a benefit because there is less excavation required and more trees were able to be saved. Mr. Ziedins reminded the Board that they were looking for a determination that these are insubstantial changes so that they can finalize the plans and get the project started. Chairman Matthew D’Agostino opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Chairman Matthew D’Agostino closed public participation. William Buckley noted for the record that some of the carports have shifted to the other side of the building, which is not substantial at all. Typically, changes are considered substantial if they are greater than 10%. He also noted that the revisions to the drainage design will get a full and thorough review by the Conservation Commission and the Engineering Department. Chairman Matthew D’Agostino entertained a motion that the Board hereby determines that the changes proposed in the letter dated October 12, 2020, to be insubstantial and thereby deemed to be incorporated into the Comprehensive Permit. MOTION: Laura Walta so moved. SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS Chairman Matthew D’Agostino established that the following members would be voting members and called for a vote: ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Yes Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes 5. Adjournment: There being no further business before the Board, Chairman Matthew D’Agostino entertained a motion to adjourn. 6 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 MOTION: Vincenzo Pesce so moved. SECOND: Laura Walta VOTE: UNANIMOUS Chairman Matthew D’Agostino adjourned the meeting at 7:56 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary NEXT ZONING BOARD MEETING: NOVEMBER 18th, 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. Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor's March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the City of Methuen Zoning Board of Appeals will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the City of Methuen website, at https://www.cityofmethuen.net/ The Zoom Web Meeting will be broadcast live on Methuen Community Television (MCTV) on the date of the hearing. Members of the public and/or interested parties seeking to participate in the meeting can contact the City of Methuen Department of Economic and Community Development at (978) 983-8560 prior to 12 noon on the date of the hearing for instructions on how to participate remotely in the meeting. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the City of Methuen website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. 7 Filed in the Office of the City Clerk 09/27/21