Zoning Board

DRAFT CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 MEETING MINUTES MEETING HELD via ZOOM WEB CONFERENCE WEDNESDAY, December 16, 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 William Buckley, Director of Economic and Community Development Petitioners and Representatives of Petitioners Chairman Matthew D’Agostino called for a moment of silence then led the Board in the Pledge of Allegiance. 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. 5. Request for Insubstantial Changes to a Comprehensive Permit: 1 DRAFT  DRAFT For the record there are none. 4. New Business: #2020-19 Triple G, LLC, 59 Bonanno Court, Methuen, MA 01844 Special Permit required, per Section V of the Comprehensive Zoning Ordinance of the City of Methuen and filed under Section XI, for a contractor’s yard which may be open for sales to the public for use as contractor’s enclosed storage and facilities in a Limited Industrial (IL) Zone as shown on Site Construction Plans prepared for Triple G, LLC, by Fieldstone Land Consultants, PLLC., dated October 7, 2020, for property located at 46 Old Ferry Road, Methuen, MA. Attorney Arthur Broadhurst, representative of the applicant, explained that they are making some significant changes to the plan based on input from abutters and the Community Development Department. They are requesting a continuance to the next meeting. Chairman Matthew D’Agostino called for a voice vote on granting the continuance. VOTE: AYE UNANIMOUS #2020-20 Stanley Buonagurio, 15 Myrtle Street, Methuen, MA 01844 Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a new single family home in a Rural Residential (RR) Zone on a lot that will not have the required lot width as shown on Plan of Land prepared for Stanley Buonagurio by Stowers Associates, Inc., dated September 2020 at 15 Myrtle Street, Methuen, MA. Attorney Arthur Broadhurst, representative of the applicant explained that his client is seeking a variance for lot width. The house was built in the early 1900’s and was purchased by Mr. Buonagurio in 2018. He had been making renovations and improvements to the property and along the way ran into financial hardship and is seeking to subdivide the lot. The lot is able to be subdivided in such a way as to comply with zoning in all respects, however, in order to keep the house in its current location, rather than raze it or move it, the lot must be subdivided at an angle along the frontage. The subdivision meets the requirements of area, frontage, and setbacks; however, the 200 feet of frontage is not maintained for 40 feet. The shape of the lot creates the hardship. The lot that will contains the house will meet all zoning requirements after the deck and the shed are torn down, which is proposed on the plan. Chairman Matthew D’Agostino opened the floor for public participation. For the record nobody spoke in favor of the petition. For the record the following person spoke in opposition: Mary Beth Maloney, 7 Myrtle St. Ms. Maloney stated that there have been no improvements made to the property, it appears abandoned and is a blight on the neighborhood. She also noted that there were wetlands on the property and is concerned that a new building could cause water problems. 2 DRAFT  DRAFT Laura Walta noted that there are wetlands on the property, but the wetland line on the plan does not continue across the proposed Lot A. Chairman D’Agostino informed Ms. Maloney that this is not the governing Board for wetlands. The Conservation Commission would address those issues. Attorney Broadhurst noted that wetlands would be delineated before a building permit was issued and if required, they would apply to the Conservation Commission. Charles Ripley, 40 Myrtle Street Mr. Ripley stated that he only had a question about what amount of frontage there would be for each lot. Jodie Geary noted that a petition with 47 signatures in opposition to the petition was submitted for the record. There were no reasons given for the opposition. Attorney Broadhurst responded to Mr. Ripley’s question. The lot currently has 445 feet of frontage. The proposal is for the existing house to have 245 feet of frontage and the new lot would have 200 feet of frontage with 81,000 sf of land. Attorney Broadhurst also addressed the condition of the house. A well respected builder in town will build a house on the new lot for his son and help Mr. Buonagurio with the renovations on the existing house and clean it up so the family can move into it. If the variance is not granted the house will be torn down and the lot will be subdivided into two conforming lots by right. Either way, there will be two houses there. Mr. Bonagurio would prefer to keep the existing house that he’s done work to. Chairman D’Agostino read into the record a letter from Joseph Giarrusso, Conservation Officer stating that he could not properly review the information due to the lack of detail on the plan. Attorney Broadhurst reiterated that any buyer would need to have the wetlands delineated and submit a Notice of Intent to the Conservation Commission. Laura Walta noted that property taxes are in arrears. She also noted that a financial hardship is not considered a hardship on the property. Attorney Broadhurst explained that there is financial hardship, but for the purpose of the variance request, the hardship is on the land. He noted that most of the back taxes have been paid and the sale of the proposed lot will allow the applicant to catch up on the taxes owed. Laura Walta responded that the applicant created his own hardship by they way he drew the proposed lot line. Attorney Broadhurst replied that there is an extenuating circumstance, in that there is an existing house, from the early 1900’s, that is a homestead in town. In order to preserve that house, the lot line has to be drawn that way. The resulting lot will not be an undersized lot and it has the required frontage and setbacks. He also noted that the applicant needs to subdivide the lot. He can tear down the house and do a Form A or keep the old house and request a variance. Chairman D’Agostino commented that he has concerns with a portion of the frontage of the new lot is in front of the old dwelling. Attorney Broadhurst requested a continuance so that they could take another look at their options. If there are no alternatives, they could withdraw the petition at the next meeting. Chairman Matthew D’Agostino entertained a motion to continue. MOTION: Laura Walta so moved. 3 DRAFT  DRAFT SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS #2020-21 Nabil Boghos, 35 Danton Drive, Methuen, MA 01844 Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a 60,200 square foot building in a Limited Industrial (IL) Zone that will be over the Maximum Lot Coverage (Building) as shown on Preliminary Site Plan prepared for Nabil Boghos, by Design Consultants, Inc., dated October 15, 2020, at 33 Danton Drive, Methuen, MA David Giangrande, of Design Consultants, Inc., representative of the applicant presented the plan to the Board. They are seeking a variance for maximum lot coverage. Directly next door is Jessica’s Bakery. Mr. Boghos moved his business there and it is up and running. The is also another commercial building on Danton Drive and a residential area to the Rear. The building is being designed to mitigate any adverse impact to the residential neighborhood. They are proposing to build a 60,200 square foot building. It is 175 feet long by 344 feet wide. There will be parking in the front. There will be access utilizing the existing driveway for Jessica’s Bakery with loading along the back of the building. The back of the lot is depressed so there is a retaining wall. Above the retaining wall is a fence and evergreen screening will be added with the 30 foot buffer maintained. This will provide both sound and visual attenuation from the commercial use. The land is currently asphalt and gravel parking as well as some green space. He emphasized the zoning requirements. REQUIRED PROVIDED AREA 40,000 SF 135 SF FRONTAGE 100 FEET 141 FEET FRONT SETBACK 60 FEET 80 FEET SIDE SETBACK 30 FEET 32 FEET REAR SETBACK 30 FEET 139 FEET Mr. Giangrande also noted that the building would not exceed the maximum height allowed, which is 45 feet. The maximum building size, essentially the lot coverage, is 35 percent and they are asking to go to 44.4 percent. The lot coverage requirement is unnecessarily restrictive and overly burdensome for this kind of business and presents a hardship. By today’s standards, in this time of COVID, a lot of things are changing, the country is warehousing differently, and there are many more home deliveries, for example. The technology within those warehouses is changing as well. He added that a lot of the deliveries that would have been handled at the outside loading docks in the rear, will now be handled inside, as the trucks have the ability to drive inside at some of the docks. This building will be used for distribution for the existing operation that Mr. Boghos moved here from its previous location in North Andover. He will also have some freezers inside for flash freezing of his product. Mr. Giangrande pointed out that the applicant is also before the Community Development Board for Site Plan Approval and also before the Conservation Commission. Chairman D’Agostino inquired if this operation would provide additional jobs. Mr. Giangrande responded in the affirmative. Distribution personnel will be moving into that building. He added that Mr. Boghos has expanded his product line and has recently purchased a cookie business which he will be bringing into this building. Laura Walta inquired about fire access. 4 DRAFT  DRAFT Mr. Giangrande explained that they will utilize an existing driveway that runs adjacent to the Jessica’s Bakery building. Tractor trailers have been using this access for years. They put the WB-50 turning movements on and it works well. The truck turning radii have been reviewed by the Community Development Board in the Site Plan Approval process. James Hanley, also of Design Consultants, Inc. noted that fire access had been reviewed and approved by TEC and the Fire Department. 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. Philip Cultrera asked about the hours of operation. James Hanley responded that they listed the hours as 5:00 am – 7:00 pm. He added that this has been discussed as part of the Community Development Board petition. They will not operate at any extreme hours, or 24 hours. Vincenzo Pesce pointed out that the company is owned in an LLC, not in the applicant’s name which is a procedural problem. Nabil Boghos responded that the company is owned in an LLC with himself being the only manager. John Pasquale is the other member. He agreed to correct that issue. William Buckley explained that the variance runs with the land, not with the applicant, so the owner of the property will not have any future significance, which was a concern of Vincenzo Pesce. Mr. Buckley explained to Mr. Pesce that the applicant does not have to be the owner. The applicant can come before the Board with the consent of the owner. Chairman D’Agostino asked where the product is sold. Mr. Boghos responded that they are a national company, and they sell their product predominately to big box stores and grocery stores and they do some institutional business. In response to questions by Laura Walta, Mr. Giangrande noted that project will be built in an environmentally friendly way. They are appearing before the Conservation Commission and will adhere to all the regulations and Best Management Practices. Mr. Buckley noted that a large part of the site is currently paved, and the runoff is untreated. This project will put into place a stormwater management system where there currently isn’t one. Chairman Matthew D’Agostino called for the 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 Ronald Pitocchelli, Alternate Member Absent #2020-22 Emily Antifonario, 368 Pelham Street, Methuen, MA 01844 5 DRAFT  DRAFT A Variance is required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, in a Rural Residential (RR) Zone for an addition (16’ x 30’) that will be too close to the right side setback at 368 Pelham Street, Methuen, MA. Matt Hammer, representative of the applicant, presented the plan to the Board. They are proposing to put a 16’ X 30” feet single story addition on the existing building, which will be 26.6 feet from the side lot line, where 30 feet is required. The parcel contains a single family dwelling which is centrally located on the parcel and the addition naturally fits on the right side of the house, which is currently 2,128 square feet. There is currently a driveway and a garage on the left hand side of the home. The owner has spoken to the abutter to the right, who is most effected by the addition, and they are not in opposition. Emily Antifornario explained that she grew up in this house and purchased it from her mother when she moved in with her own mother, who is currently in hospice. She spoke with Gene Walsh, in the building department, who recommended that the addition go on the right hand side of the house, but that she would possibly need a variance. She has been in close contact with her neighbors, showing them the plans, and their only concern was whether it would devalue their own house. Ms. Antifornario is hoping to get this approved for her own mother to come back here so she will have a place to live when her mother passes away. 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. Philip Cultrera noted that he didn’t receive an abutter list in his packet. Ms. Antifornario responded that she got an abutter list from the city. There were 6 abutters. She has spoken to 3 of them, including the neighbors to the right, who are most effected. Mr. Hammer stated that they had mailed out the abutter notices and sent copies of the receipts to the office. Chairman Matthew D’Agostino called for the 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 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: Vincenzo Pesce so moved. SECOND: Philip Cultrera VOTE: UNANIMOUS Chairman Matthew D’Agostino adjourned the meeting at 8:08 pm. 6 DRAFT  DRAFT Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary NEXT ZONING BOARD MEETING: JANUARY 27th, 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. 7 DRAFT