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, February 24th, 2021 @ 7:00 P.M. 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 Absent 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 in memory of all Americans who have died for our country. Chairman Matthew D’Agostino 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: #2019 - 12 Lisa Wagner, 62 Bumpy Lane, Methuen, MA 01844 1 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 A Variance is required under Section VI-D in the Comprehensive Zoning Ordinance of the City of Methuen in a Rural Residential (RR) District to construct a single-story addition (16’ x 24’) that will be too close to the front and left side setbacks at 62 Bumpy Lane, Methuen, MA 01844. Lisa Wagner explained that they are requesting an extension because in 2020 their contractor was not able to start the job and they needed to get a new contractor. Chairman Matthew D’Agostino entertained a motion to grant a six month extension. MOTION: Vincent Pesce so moved. SECOND: David DiNatale DISCUSSION: Philip Cultrera suggested that the Board grant the extension to January 2022. Chairman D’Agostino explained that legally, the Board can only grant extensions 6 months at a time. William Buckley noted that once a building permit is issued, the work would need to begin within six months. VOTE: UNANIMOUS CONTINUED PETITIONS FROM 01/27/2021 #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. Chairman Matthew D’Agostino informed the Board that they had correspondence requesting a continuance. Chairman Matthew D’Agostino entertained a motion to accept a continuance to the March 31st meeting. MOTION: Philip Cultrera so moved. SECOND: Vincent Pesce DISCUSSION: None VOTE: UNANIMOUS ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Absent Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Absent 4. New Business: 2 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 #2021-3 Wan Yan, LLC, 125 Merrimack Street, Methuen, MA 01844 Special Permit required for a Restaurant at 125 Merrimack Street, Methuen, per Section V-D of the Comprehensive Zoning Ordinance of the City of Methuen. Attorney Anthony Copani, representative of the applicants, presented the plans to the Board. They are seeking a Special Permit to operate a full service restaurant. The property is located in a Business Highway district. Presently on this site is a former branch of the Santander Bank. The parcel greatly exceeds the dimensional requirements for the BH zone, and they will not be seeking any variances. The property contains a little over three acres of land with 251 feet of frontage on Merrimack Street. The applicant is proposing to add an additional 2,550 square feet to the existing structure to have a total area of 4,900 square feet. There will be seating to accommodate 147 patrons. The number of parking spaces required by zoning is 47. The applicant intends to provide 95 parking spaces. The hours of operation will be Monday – Thursday 11:00 am – 10:30 pm, Friday and Saturday 11:00 am – 11:00 pm, and Sunday, noon – 10:00 pm. He feels that the petition meets all of the criteria for a Special Permit as set forth in the Zoning Ordinance. David Jordan, representative of the applicant presented an overview of the Site Plan to the Board showing the existing conditions and the proposed plan. The size of the building will be expanded. Portions of the existing building will remain but there will be some extension of the building toward the back and toward the north. They will utilize the same full access driveway off Merrimack Street. It will be widened in accordance with current city requirements. The parking field will be extended in the rear 100 -120 feet to provide additional spaces. Some retaining wall will be added due to the significant slope in the back. Stormwater management will be provided. This meets all zoning, site plan and Conservation Commission requirements. In addition to maintaining the entrance driveway they will be maintaining the exit driveway through the adjacent property. It is a second means of egress and is not a drive through or pick up window. Regarding the hours of operation, Mr. Buckley explained that the Board does not have to restrict hours of operation and they would be restricted by the limitations of their liquor license and the zoning ordinance. Attorney Copani noted that it is anticipated that the applicants will apply for an on-premises liquor license. He also noted, in response to Board discussion, that they would be satisfied with a limit of midnight on Friday and Saturday. Chairman Matthew D’Agostino opened the floor to public participation. For the record nobody spoke in favor or in opposition. Chairman D’Agostino reminded Attorney Copani that the applicant would need to address the letter from the Engineering Department regarding the suggestion to close the north exit and the requirement to notify to Mass DOT of the change of business. David Jordan noted that Route 110 is under Mass DOT control. He stated that he had not had an opportunity to discuss the closure of the egress with the Engineering Department. They will coordinate with Mass DOT and abide by any requirements they have. The Board decided to impose the following hours of operation conditions on the Special Permit. Monday – Thursday, 11:00 am – 10:30 pm Friday and Saturday, 11:00 am – midnight Sunday, noon – 10:00 pm 3 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Chairman Matthew D’Agostino noted that there was a quorum of four this evening so that all the votes would need to be in the affirmative. Attorney Copani agreed to proceed. Chairman Matthew D’Agostino called for the vote. ROLL CALL Matthew D’Agostino, Chairman Yes, with conditions Laura Walta, Vice Chairman Absent 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 #2021-4 Applicant: Super Petroleum, Inc., 50 Braintree Hill Office Park, Suite 210, Braintree, MA 02184, Co-Applicant: Petro Realty Corp., 4 North Street, Hingham, MA 02043 1. Special Permit required to reconstruct and extend a non-conforming structure, per Section IX-D & E of the Comprehensive Zoning Ordinance of the City of Methuen. 2. Variance required for two (2) side building setbacks, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen. 3. Variance required for rear building setback, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen. 4. Variance required for front setback, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen. 5. Variance required for parking setbacks, per Section VIII-B-5-A of the Comprehensive Zoning Ordinance of the City of Methuen. All as shown on Preliminary Site Plan, 460 Lowell Street, Methuen, MA, prepared for Super Petroleum, Inc., by Greenman-Pedersen, Inc. and dated October 30, 2020. Attorney Anthony Copani, representative of the applicant presented the plan to the board. They are seeking to upgrade and remodel their existing gas station. The current gas station contains 4 fuel dispenser pumps, with 6 fueling stations. There is also a wooden kiosk where an employee is located. The proposed upgrades include the replacement of the fuel pumps and the canopy, as well as razing the kiosk and replacing it with a 990 square foot structure for use as a convenience store in order to provide better service for customers. The underground tanks will also be upgraded. The request for the Special Permit is to extend and to reconstruct a non-conforming structure, which is the kiosk. The Board can determine that the extension is not substantially more detrimental to the neighborhood than the existing non-conforming structure. The neighborhood area is commercial in nature. Substantial improvements have been made to this area with the removal of the rotary and the reconfiguration and realignment of the highway access ramps. The upgrade to this gas station will enhance the area. The variances relate to setbacks and parking. It appears that this gas station is part of the existing plaza, but it is not. Directly abutting the lot are lined parking spaces of the plaza. Attorney Copani also noted that only 5 parking spaces are required, but they will be providing 9. 4 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Huseyin Sevincgil of GPI, representative of the applicant, presented the proposed upgrades to the site. Mr. Sevincgil displayed an ariel of the site depicting the sea of parking. He also displayed a street view which showed the ingress and egress that was provided for this gas station with the reconstruction of the rotary. There are currently three existing underground storage tanks. They will be putting in two state of the art double wall fiberglass storage tanks. One of the tanks would be a split compartment to provide retail diesel. The columns on the canopy are a type that is not used today. The gas station does need to be upgraded. The tanks were installed in 1993, so as part of the underground storage tank replacement, they would like to make improvements to the site as well. At one time this was all one parcel and it was subdivided at some point. Both parcels have the rights to cross over each other’s property. Mr. Sevincgil noted that the proposed convenience store will be constructed with non-combustible materials, and a standard 24-foot drive aisle will be maintained around the building. The only reconfiguration on the site will be within the limits of this property. There is a handicapped accessible space for any customers coming into the store, a trash enclosure that is fully enclosed and the canopy with full fire suppression. Chairman Matthew D’Agostino informed the Board that correspondence was received from the Fire Department and Police Department and neither department has any issues with the project. Chairman D’Agostino asked the engineer if access would be available to the existing businesses during construction and inquired about the timeline of the construction. Mr. Sevincgil responded that it would be difficult to maintain the exit during construction but the entrance at Lowell Street and the access at Riverside Drive would be available. In order to exit the property, one would have to utilize Riverside Drive. The applicant would like to begin construction as soon as possible. Generally, construction would take 2-3 months. Mr. Sevincgil also noted that the existing free-standing sign on Lowell Street would remain. The panels would be swapped out. They will have a submittal to Mass DOT for comment on the location of the sign. William Buckley stated that his primary concern was that the applicant has the rights to all of the access points, and he assumes their attorney has reviewed all of the easement documents and they have the rights to make the improvement they are showing. He has also always been concerned about how this impacted parking and traffic for the other uses on the site and the applicant has done a good job in working to address those issues. Mr. Buckley asked the engineer if there would continue to be parking over the tanks. He also asked about the location of the gates to the dumpster enclosure. Mr. Sevincgil responded that there would be parking adjacent to the tanks, not over the tanks. Regarding the dumpster gates, Mr. Sevincgil mentioned that they did not want the gates opening to where the traffic would be coming in and out of the pumps. They can change the location of the gates if there is a concern about the dumpster vehicle remaining on the applicant’s property. Chairman Matthew D’Agostino opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Chairman D’Agostino called for a vote on each request. 1. Special Permit required to reconstruct and extend a non-conforming structure, per Section IX-D & E of the Comprehensive Zoning Ordinance of the City of Methuen. 5 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Absent Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Absent 2. Variance required for two (2) side building setbacks, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen. ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Absent Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Absent 3. Variance required for rear building setback, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen. ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Absent Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Absent 4. Variance required for front setback, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen. ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Absent Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Absent 5. Variance required for parking setbacks, per Section VIII-B-5-A of the Comprehensive Zoning Ordinance of the City of Methuen. ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Absent Vincenzo Pesce, Board Clerk Yes Philip Cultrera, Member Yes 6 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Absent 5. Adjournment: MOTION: Vincenzo Pesce moved to adjourn. SECOND: Philip Cultrera 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: MARCH 31, 2021 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 Filed in the Office of the City Clerk 8/26/21