Zoning Board

Approved by the ZBA 8/25/21 CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 MEETING MINUTES MEETING HELD via ZOOM WEB CONFERENCE WEDNESDAY, JANUARY 27, 2021 @ 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 Arrived at 7:20 Philip Cultrera, Member Present David DiNatale, Alternate Member Present Ronald Pitocchelli, Alternate Member Present Others in Attendance Jodie Geary, Zoning Board Secretary Petitioners and Representatives of Petitioners Chairman Matthew D’Agostino called for a moment of silence in memory of all Americans who have died for our country. Chairman Matthew D’Agostino led the Board in the Pledge of Allegiance. ELECTION OF OFFICERS Chairman Matthew D’Agostino opened nominations for Board Chairman. MOTION: Laura Walta made a motion to nominate Matthew D’Agostino for Board Chairman. SECOND: Philip Cultrera For the record, there were no additional nominations. Chairman Matthew D’Agostino closed nominations. VOTE: UNANIMOUS Chairman Matthew D’Agostino opened nominations for Vice Chairman. MOTION: David DiNatale made a motion to nominate Laura Walta for Vice Chairman. SECOND: Philip Cultrera 1 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 For the record, there were no additional nominations. Chairman Matthew D’Agostino closed nominations. VOTE: UNANIMOUS Chairman Matthew D’Agostino opened nominations for Board Secretary. MOTION: Philip Cultrera made a motion to nominate Vincenzo Pesce for Board Secretary. SECOND: David DiNatale For the record, there were no additional nominations. Chairman Matthew D’Agostino closed nominations. VOTE: UNANIMOUS ELECTION RESULTS Chairman Matthew D’Agostino Vice Chairman Laura Walta Secretary Vincenzo Pesce 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: Stanley Buonagurio, 15 Myrtle Street, Methuen, MA 01844 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: For the record there are none. CONTINUED PETITIONS FROM 12/16/2020 #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 2 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 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. Chairman Matthew D’Agostino notified the Board that Attorney Arthur Broadhurst, representative of the applicants sent correspondence requesting to continue until the February meeting. The Chairman entertained a motion to accept the continuance. MOTION: Laura Walta so moved. SECOND: Philip Cultrera DISCUSSION: None VOTE: 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. Chairman D’Agostino stated that he had correspondence from the applicant’s attorney, Arthur Broadhurst requesting to withdraw the petition without prejudice. The Chairman entertained a motion to accept the request to withdraw without prejudice. MOTION: Laura Walta so moved. SECOND: Philip Cultrera DISCUSSION: David DiNatale asked what it means to withdraw without prejudice. Laura Walta explained that this would allow them to come back to the Board with the same request within two years, otherwise they would be required to wait two years. VOTE: UNANIMOUS 4. New Business: #2021-1 Daniel & Toni Roberge, 11 Combination 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 a 40’ x 24’ addition in a Single Family Residential (RD) Zone that will be too close to the front lot line at 11 Combination Street, Methuen, MA. Mr. Roberge explained that they were seeking to add a 40’X24’ addition with two bedrooms for an in-law that would be too close to the front. There is already an existing structure there that they are considering razing. They will essentially be doing a remake of the garage to help out with housing for their son and his young family during these difficult times with Covid. Chairman Matthew D’Agostino opened the floor for public participation. 3 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 For the record, nobody spoke in favor or in opposition. Chairman Matthew D’Agostino closed public participation. Chairman D’Agostino read into the record, correspondence from Kenneth and Lynn Buckler, 9A Combination Street, who are in favor of the project. Chairman D’Agostino mentioned that the razing of the garage will keep things further away from the wetlands, which may be in question. He noted that the applicant will be required to file with the Conservation Commission. Laura Walta stated that the square footage appears to be 960 square feet. Mr. Roberge responded that the addition will be 700 square feet with a second-floor attic. They might extend their existing master bathroom out into the second floor a little but the only living area will be the bottom floor above the two-stall garage area. He confirmed that it will be connected to the house. Chairman Matthew D’Agostino called for a vote. Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Yes Vincenzo Pesce, Board Clerk Absent Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Yes #2021-2 Amerco Real Estate Company, 2727 N. Central Avenue, Phoenix, AZ 85004 A Variance is required, per Section VII-G of the Comprehensive Zoning Ordinance of the City of Methuen, in a Business Highway (BH) Zone for a 138 square feet of area free standing sign that will be over the allowed 60 square feet of area at 99 Pleasant Valley Street, Methuen, MA. Rick Harvey, representative of the applicant, U-Haul and Amerco Real Estate explained that they would like a larger sign than the code is allowing them. The size of the sign they are seeking is approximately three times what is allowed. He noted that several businesses surrounding U-Haul have larger signs than what U-Haul is looking for. The setback and the height of the proposed sign meet zoning. Chairman D’Agostino stated that he appreciated being provided the comparison to other signs in the area. He asked about the illumination. Mr. Harvey responded that the sign would have LED illumination. It would be the typical illumination you would see for signs in the area. It’s not going to be overly bright. He doesn’t know exactly what the lumens are. Each letter on the sign would be illuminated as well as the reader board down below it. The address will not be illuminated, and neither will the poles. Chairman D’Agostino observed that it will be a safe height for cars entering and exiting the site. Mr. Harvey agreed. Chairman Matthew D’Agostino opened the floor for public participation. For the record, nobody spoke in favor or in opposition. 4 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Chairman Matthew D’Agostino closed public participation. Members of the Board complemented Mr. Harvey on the detailed application and design and siting of the sign. Vincenzo Pesce arrived and joined the Board. He said he would sit this vote out because he arrived late. Chairman Matthew D’Agostino called for a vote. Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Yes Vincenzo Pesce, Board Clerk Abstain Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Yes 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 7:22 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary NEXT ZONING BOARD MEETING: FEBRUARY 24th, 2021 . 5 Filed in the Office of the City Clerk 8/26/21