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, March 31st, 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 Absent 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 and in especially in memory of Mr. and Mrs. Bill Reyno, who was a long time police officer in Methuen. 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: 1 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 #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. Zoning Board Secretary, Jodie Geary, stated that she has a letter dated March 25, 2021, from Attorney Broadhurst on behalf of the applicant, requesting that this petition be continued to the April 28, 2021 meeting. MOTION: Laura Walta moved to grant the continuance to April 28, 2021. SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS Chairman Matthew D’Agostino pointed out that with a quorum of four this evening, there must be an affirmative vote from all four members for a petition to pass. 4. New Business: #2021-5 Derek S. Foote, 105 North Street, Methuen, MA 01844 Special Permit required per Section IX-B of the Comprehensive Zoning Ordinance of the City of Methuen to change an existing non-conforming use (landscape contractor’s yard) to another, less detrimental, non- conforming use (single-family home without required frontage and area) in a RR Zone. Attorney Anthony Copani, representative of the applicant presented the plan to seek relief to change an existing non- conforming use, a landscaper’s yard, to a less detrimental use, a single-family dwelling. This particular lot is much larger than other lots in the area, as displayed in the arial view Attorney Copani shared on screen. The property is located in the RR zone which requires 80,000 square feet and 200 feet of frontage. This lot contain 2.8 acres or 122,000 square feet of area with 247 feet of frontage on North Street. The existing house sits on the southeast corner of the lot and abuts the lot line of the adjacent property, making it a non-conforming structure. The majority of the lot is used for commercial purposes with commercial vehicles. They are seeking to change the non-conforming use to a conforming use, meeting the standard for this Special Permit. Attorney Copani also pointed out that, in accordance with the Zoning Ordinance, this parcel may not ever revert back to a non-conforming use. The reason Lot 2, which contains the residence, is the smaller lot is because Lot 1 conforms to the dimensional requirements of the Zoning Ordinance in every respect. It will have one single family house on an 80,000 square foot lot, which is in keeping with the characteristics of the neighborhood. Lot 2 is already non- conforming in that it hugs the lot line, and this configuration will keep all of the non-conformity on one lot. The variances requested are required to effectuate the terms of the Special Permit if the Board were to grant it. Laura Walta asked if the Special Permit would remove the contractor’s yard from the neighborhood. Attorney Copani responded in the affirmative. Chairman Matthew D’Agostino opened the floor for public comment. 2 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Wendy Adams, 99 North Street: Ms. Adams abuts what is Lot 2 as shown on the plan and is concerned about the setbacks to the lot line. She noted that prior to Mr. Foote purchasing the property, another developer wanted to create 3 lots. For the record, nobody else spoke in favor or in opposition. Attorney Anthony Copani stated that the structures on Lot 2 will remain. They exist as valid non-conforming structures. He believes the most important effect of the Special Permit is to eliminate the contractor’s yard and replace it with a single- family home. Laura Walta asked about removing the structure from the lot line on Lot 2. Attorney Copani reiterated that it is a valid non-conforming structure and there are no plans to remove it at this time. Laura Walta stated that the Board could grant the Special Permit and deny the variance which she stated is a separate issue. William Buckley commented that if the applicant was only seeking to convert this from the contractor’s yard to a residential use, they wouldn’t need the Board’s approval. There wouldn’t be another way to put another single-family home on the property without granting the variance. If the Board grants the Special Permit and denies the variance, the Board would effectively be denying moving the landscape business out of the neighborhood. The house and the garage would remain in the same place and the landscape business, as an allowed use in the former Ag-Con district, could potentially continue. If the Board grants the Special Permit, but denies the variance, it renders the Special Permit moot. This is a two part vote; one for the Special Permit and one foe the variance. He added that he believes the Board has the ability to establish a time frame to remove the landscape equipment as a condition of a Special Permit. Chairman D’Agostino suggest that 90 days for the removal of the landscaping equipment seemed reasonable. The Board discussed the shape of the lots and moving a lot line. Mr. Buckley stated that he would be reluctant to recommend to the Board to create two non-conforming lots. This plan shows only one non-conforming lot. Laura Walta noted that financial benefit to the applicant is something the Board cannot consider for the variance. Chairman Matthew D’Agostino asked Mr. Buckley if the Board could vote on the Special Permit petition and ask the applicant to come back for the variance at a later date with a different lot configuration. Attorney Copani stated that in that case he would ask for a continuance on both petitions. Laura Walta wonders how the neighbors feel about trading a contractor’s yard for two residences, one of which is on a smaller lot. Chairman D’Agostino stated that only one abutter spoke, and it was not on that particular issue. He feels this would be an improvement from what is there. Laura Walta asked if the Special Permit could be considered the hardship for granting a variance in order to justify the variance. Attorney Copani cited case law on a similar petition in another community, though he stated that he’s not sure if you can use a Special Permit as a hardship. Chairman Matthew D’Agostino entertained a motion to impose a condition that the landscaping equipment and material must be removed from the property within 90 days MOTION: Laura Walta so moved. 3 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS Chairman Matthew D’Agostino called for a vote on the Special Permit. Laura Walta called the roll: 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 Absent #2021-6 Derek S. Foote, 105 North Street, Methuen, MA 01844 Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to subdivide a 123,768 +/- SF parcel of land with 346.69 +/- feet of frontage into two lots leaving one lot without the required area and frontage. Also, to clarify side setbacks of the existing structure. Chairman Matthew D’Agostino called for a vote on the variance. Laura Walta called the roll: 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 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 8:10 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary 4 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 NEXT ZONING BOARD MEETING: APRIL 28, 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. 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. 5 Filed in the Office of the City Clerk 8/26/21