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, May 26, 2021 @ 7:00 P.M. 1. Roll Call. Vice Chairman Laura Walta called the meeting to order at 7:00 pm Members in Attendance Matthew D’Agostino, Chairman Absent Laura Walta, Vice Chairman Present Vincenzo Pesce, Board Clerk Arrived at 7:40 pm 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 Vice Chair Laura Walta called for a moment of silence in memory of all who have died both in service to our country and from Covid. Vice Chair Laura Walta led the Board in the Pledge of Allegiance. The Vice Chair noted that four members were present tonight and because of this all petitions would require an affirmative vote of all members present in order to pass. The applicants were afforded an opportunity to continue their hearing to the following month. 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: Zoning Board Secretary Jodie Geary referred to an email from Triple G LLC requesting to withdraw their application for a Special Permit at 46 Old Ferry Road. 1 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Vice Chair Laure Walta entertained a motion to withdraw the application without prejudice for a Special Permit at 46 Old Ferry Road. MOTION: Philip Cultrera so moved SECOND: Ronald Pitocchelli DISCUSSION: William Buckley, Director of Economic and Community Development noted, for the benefit of any abutters, that this applicant has withdrawn their petition for a contractor’s yard, but the department anticipates another project for the site that will not trigger a Special Permit from the Zoning Board. VOTE: UNANIMOUS 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. CONTINUED PETITIONS FROM 04/28/2021 #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. The Board allowed the applicant to withdraw the application without prejudice under Old Business. 4. New Business: #2021-7 Susan K. Bourdelais Realty Trust, 15A White Avenue, Methuen, MA 01844 Special Permit required, per Section IX-C of the Comprehensive Zoning Ordinance of the City of Methuen, to extend an existing non-conforming structure with an approximate 26’ x 30’ addition in a Residential D (RD) Zone that will be too close to the rear lot line as shown on Plot Plan of Land prepared for Susan K. Bourdelais Realty Trust, Methuen, MA 01844, by David P. Terenzoni, P.L.S., 4 Allen Road, Peabody, MA, dated March 10, 2021 at 15A White Avenue, Methuen, MA 01844. Bill Hurley, architect for the applicant presented the plan for a first-floor master bedroom and bathroom to the Board. They are seeking relief for 9.8 feet to the rear lot line which abuts a paper street. 2 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 David DiNatale asked for clarification that the setback was to the lot line and that the paper street was not taken into account. Mr. Hurley confirmed that was the case. Vice Chair Laura Walta opened the floor for public participation. For the record, nobody spoke in favor or in opposition. The applicant Ms. Bordelais noted that she is the only house on the paper street. She is seeking to add a first-floor bedroom and bathroom because she is getting older. Mr. Cultrera noted that the letter of refusal from the Building Department cites an increase in the non-conforming nature of the property. Mr. Buckley explained that every application before the Zoning Board starts with a letter of refusal. That letter is what initiates the petition to the Zoning Board. In response to another question by Mr. Cultrera, it was confirmed that the detached garage was a part of the property. The shape of the lot and the location of the lot lines was discussed. Mr. Hurley also noted that years ago the Fire Department had changed the address of this property from Daisy Dell Avenue to White Street due to the lack of access on the paper street. Mr. Buckley noted that he does not see any scenario where Daisy Dell Avenue would be developed. He believes it will remain open space. The department sees no issues with this application. He also noted that this is a Special Permit, and the Board would vote to determine that the non-conforming use is no more detrimental to the neighborhood. Jodie Geary stated that there was no correspondence regarding this project. Philip Cutrera stated that he drove to the area and observed that many of the homes have doubled their area. Vice Chair Laura Walta called roll to vote: Matthew D’Agostino, Chairman Absent Laura Walta, Vice Chairman Yes to the Special Permit Vincenzo Pesce, Board Clerk Absent for this vote Philip Culrtera, Member Yes to the Special Permit David DiNatale, Alternate Member Yes to the Special Permit Ronald Pitocchelli, Alternate Member Yes to the Special Permit #2021-8 Peter & Alyssa Dolan, 127 Butternut Lane, Methuen, MA 01844 Variance required, per Section II-A in an RB Zone of the Comprehensive Zoning Ordinance of the City of Methuen, for a Residential 2 story garage (26’ x 36’) that will be over 1,000 sq ft and over one story at 127 Butternut Lane, Methuen, MA 01844. Peter Dolan, the applicant presented the plan to extend the second floor of the garage for office space and storage. Mr. Dolan displayed the existing garage, which was previously approved, and the proposed plan. He noted that the garage is set back quite a bit and he has the support of most of his neighbors. Mr. Cultrera commented that it appears that construction is occurring currently. 3 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Mr. Dolan responded that it is construction of the previously approved, smaller second floor. He is looking to expand that. Mr. Pitocchelli asked if there would be a bathroom. Mr. Dolan responded in the affirmative. Mr. DiNatale and Vice Chair Walta expressed concern that there would be a kitchen as well and that this would become a rental in the future. Mr. Dolan noted that he had approval to build a bathroom from the building inspector. Mr. Buckley explained to the Board that you can build a single-story accessory building under 1,000, with a bathroom, by right in the community Vincenzo Pesce arrived at 7:40. Vice Chair Laura Walta opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Board members reiterated their concern that this would become a rental unit. Mr. Buckley pointed out that there is nothing in the City’s Zoning Ordinance that prohibits a bathroom in an accessory structure, even in an accessory residential structure. What the Board is really considering in this petition is the second story space and the oversized garage. There is nothing to prohibit the applicant from installing heat or a bathroom. The installation of a kitchen is where we differentiate an in-law apartment from an accessory structure. Mr. Dolan assured the Board that he has no intention of renting the space. After Board discussion of the bathroom, it came to light that there had been an error in the issuance of the building permit for the original plan. This fact allowed Mr. Pesce to feel comfortable approving an exception to his previous disapprovals of bathrooms in accessory buildings. Vice Chair Laura Walta called for a vote Matthew D’Agostino, Chairman Absent Laura Walta, Vice Chairman Yes Vincenzo Pesce, Board Clerk Yes Philip Culrtera, Member Yes David DiNatale, Alternate Member No Ronald Pitocchelli, Alternate Member Yes #2021-9 Dianne Rizzo, 122 North Street, Methuen, MA 01844 Special Permit required per Section V-D of the City of Methuen Comprehensive Zoning Ordinance for the keeping of more than 2 horses on a parcel of two to five acres in size in the Rural Residential (RR) zone at 122 North Street, Methuen, MA 01844. Ms. Rizzo presented her plan to the Board. She explained that she has 3.19 acres so that she can have two horses by right. She currently owns three horses. She wants to plan for a fourth horse because her daughter’s horse is aging. She explained that this is her hobby and for personal use. The location that she currently houses her horses is being sold. She explained that she would like to build a post and beam covered arena for her horses. There is also a location for feed and hay. She noted that her neighbor supports the plan, and everything will be built outside the conservation buffer zone. 4 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Vice Chair Walta asked if it could easily be dismantled if she were to move. Ms. Rizzo responded that she would say that is true. Mr. Cultrera asked if the barn would be located in the back yard. Ms. Rizzo responded in the affirmative and added that she would be clearing some trees. Vice Chair Laura Walta opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Vice Chair Laura Walta called for a vote with the following conditions on the project: • There is a limit of 6 horses • The facility may not be used as a riding stable or for commercial purposes Matthew D’Agostino, Chairman Absent Laura Walta, Vice Chairman Yes with conditions Vincenzo Pesce, Board Clerk Yes with conditions Philip Culrtera, Member Yes with conditions David DiNatale, Alternate Member Yes with conditions Ronald Pitocchelli, Alternate Member Yes with conditions #2021-10 Dianne Rizzo, 122 North Street, Methuen, MA 01844 Variance required to Section V-M(e) of the City of Methuen Comprehensive Zoning Ordinance for a barn exceeding 500 square feet in area as shown on the Site Plan prepared for Diane Rizzo, 122 North Street, Methuen MA, by Ranger Engineering Group, Inc., 13 Branch Street, Suite 101, Methuen, MA and dated March 15, 2021. Vice Chair Laura Walta called for a vote Matthew D’Agostino, Chairman Absent Laura Walta, Vice Chairman Yes per plan Vincenzo Pesce, Board Clerk Yes per plan Philip Culrtera, Member Yes per plan David DiNatale, Alternate Member Yes per plan Ronald Pitocchelli, Alternate Member Yes per plan #2021-11 Derek Foote & Salvatore Currao, 105 North Street, Methuen, MA 01844; & John & Debra Peters, 61 Old Ferry Road, 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 with indoor and outdoor storage and facilities in a Limited Industrial (IL) Zone as shown as Parcel ID 1008-78E-61 (a portion of same) on Plan of Land prepared for Derek Foote, dated April 28, 2021 by Greenman-Pedersen, Inc., with a property address of 61 Old Ferry Road. Attorney Anthony Copani, representative of the applicant, presented the plan to the Board the plan to operate a contractor’s yard. 61 Old Ferry Road was recently subdivided into two new lots that meet all zoning requirements for the IL zone. The single-family home located on the premises will be razed and will eliminate that non-conforming use. Attorney Copani noted that a variance will not be necessary to develop a contractor’s yard. Mr. Foote and Mr. Currao operate complimentary business currently in the community. Mr. Foote operates Pro Scape, and he concentrates primarily on landscaping and snow removal. Mr. Currao operates Sal’s Hardscapes and Landscape Install for patios, walls, pool decking and walkways. 5 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Pro Scape will store approximately 10 trucks at the site and have 8-10 employees. Mr. Currao has a couple of trucks and one or two employees. Neither lot will be overburdened. Vice Chair Laura Walta opened the floor for public participation. For the record, nobody spoke in favor or in opposition. David Jordan of Greenman-Pedersen presented the site plan and addressed the technical issues raised by the City Engineer, including traffic and access to the property. Using standard trip generation rates, they found that the traffic is negligible from these two contractor buildings. He pointed out that although the road is not constructed to current city standards, it is a dead end with only a limited number of businesses. He also noted that they will be required to appear before the Conservation Commission, where drainage and stormwater management will be reviewed, determining final driveway location and parking lot layout. Utility connections will be reviewed at the building permit stage. Vice Chair Walta stated that she would like to confirmation from the Engineering Department that the concerns have been adequately addressed by the applicant. Mr. Buckley addressed the Engineering Department memo, stating that all of the items will be addressed. The final improvements and modifications to Old Ferry Road will be determined by another larger project that is coming down the road. It is his opinion that the scope of this project is not triggering improvements based on their projected traffic flow. The inadequacies of the roadway will be addressed by the appropriate authorities. A minimal impact to the road shouldn’t result in a major upgrade to a city street. The Board expressed a desire to continue this until the next meeting for additional information and a more detailed plan. Attorney Copani gave a brief history of the project and highlighted the fact that the applicant, Mr. Foote, was given a limited amount of time by this Board in which to remove his equipment from its current location, as well as a limited amount of time to close on the Old Ferry Road property. He also noted that the IL district is the most appropriate location for a contractor’s yard. Mr. Buckley pointed out that the application that was submitted was complete and sufficient for what is required. If the Board requests additional information, that can be provided. He also suggested that the Board could request a modest contribution as determined by the Engineering Department for work in the roadway in relation to their impact. Vice Chair Laura Walta continued to express concern about the condition of the roadway and that it could not accommodate any additional traffic. Mr. Buckley asked the Board to detail the additional information they would like. Vincent Pesce stated that his concern was the interior of the building. Attorney Copani responded that it would be primarily open space with storage of material and some of the vehicles. David Jordan stated that he could modify the plan to show water and sewer connections, layout some drainage and show adequate parking. He thought Mr. Buckley’s suggestion of some sort of mitigation was a good idea, commensurate with the impact that these two properties will have on Old Ferry Road. He noted that an amended plan would need to be reviewed by the Engineering Department and he is concerned about the timing and how quickly that could happen. Jodie Geary, Zoning Board Secretary, stated for the record that the Police and Fire Department have no issues with the project. 6 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Vice Chair Laura Walta entertained a motion that each applicant shall agree to contribute $5,000 for analysis and any future improvement to Old Ferry Road. MOTION: David DiNatale so moved. SECOND: Vincent Pesce DISCUSSION: Regarding question about the hours of operation, Attorney Copani explained that they would be consistent with the other businesses on the road. This is a 6 day per week operation beginning at 6:45 am and ending between 4:30 and 6:30 pm. In the winter the hours are considerably less, and they only go out if they are plowing and salting. They may work on shortened hours Sundays until noon or 3:00 pm in April and May. He also noted that there will be no retail or wholesale sales on the premises. VOTE: UNANIMOUS Matthew D’Agostino, Chairman Absent Laura Walta, Vice Chairman Yes with conditions Vincenzo Pesce, Board Clerk Yes Philip Culrtera, Member Yes with conditions David DiNatale, Alternate Member Yes with conditions Ronald Pitocchelli, Alternate Member Yes with conditions #2021-12 Derek Foote & Salvatore Currao, 105 North Street, Methuen, MA 01844; John & Debra Peters, 61 Old Ferry Road, 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 with indoor and outdoor storage and facilities in a Limited Industrial (IL) Zone as shown as proposed Lot A on Plan of Land prepared for Derek Foote, dated April 28, 2021, by Greenman-Pedersen, Inc., with a property address of 61 Old Ferry Road. Vice Chair Laura Walta entertained a motion that each applicant shall agree to contribute $5,000 for analysis and any future improvement to Old Ferry Road. MOTION: David DiNatale so moved. SECOND: Vincent Pesce DISCUSSION: Regarding question about the hours of operation, Attorney Copani explained that they would be consistent with the other businesses on the road. This is a 6 day per week operation beginning at 6:45 am and ending between 4:30 and 6:30 pm. In the winter the hours are considerably less, and they only go out if they are plowing and salting. They may work on shortened hours Sundays until noon or 3:00 pm in April and May. He also noted that there will be no retail or wholesale sales on the premises. VOTE: UNANIMOUS Matthew D’Agostino, Chairman Absent Laura Walta, Vice Chairman Yes with conditions Vincenzo Pesce, Board Clerk Yes Philip Culrtera, Member Yes with conditions David DiNatale, Alternate Member Yes with conditions Ronald Pitocchelli, Alternate Member Yes with conditions 7 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 5. Adjournment: There being no further business before the Board, Vice Chair Laura Walta entertained a motion to adjourn. MOTION: Vincent Pesce so moved. SECOND: Ronald Pitocchelli VOTE: UNANIMOUS Vice Chairman Laura Walta adjourned the meeting at 10:02 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary NEXT ZONING BOARD MEETING: JUNE 30, 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. 8 Filed in the Office of the City Clerk 8/26/21