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, July 28, 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 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. 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: For the record there are none. 1 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 4. New Business: 2021-13 Applicant: Nabil Boghos, 35 Danton Drive, Methuen, MA 01844, Co-Applicant: Danton Drive, LLC, 35 Danton Drive, Methuen, MA 01844 1. Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a 58,300 +/- SF building that will be too close to the side lot line. 2. Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a 58,300 +/- SF building that will be over the maximum height. 3. Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a 58,300 +/- SF building that will be over the maximum lot coverage. All as shown on the Site Plan of 33 Danton Drive, prepared for Nabil Boghos by Design Consultants, Inc. and dated May 13, 2021. Ray Boghos, representative of the applicant presented the plan to the Board. This project was previously approved for a 60,200 sf building and a variance was granted for lot coverage. They are seeking an amendment to that plan with a building that is oriented on the site better and will attract a better tenant. The new building is 58,200 sf. The parking area is in the same location in the front. The loading docks have been relocated from the back of the building to the side, which moves the truck traffic away from the residential neighborhood. This configuration also allows them to better subdivide the interior of the building. The request for a variance for lot coverage, which was previously granted, is now a request for a lesser area than the previous request. The adjacent tenant has provided a letter in support of the side setback variance request. The height variance request is due to the slope of the site. At the rear of the site is a wall and added vegetation as screening to the abutting residential neighborhood. Mr. Boghos stated that he had received the correspondence from the Engineering Department and from TEC and they will be providing responses to those comments before the Site Plan Review before the Community Development Board. Stephen Sawyer, engineer for the project stated that plans have been updated to reflect those comments and will be submitted to the Community Development Board. A variance for lot coverage has already been granted and with this plan they have reduced the lot coverage. William Buckley suggested that the Board consider that this is a smaller building. They have already been granted a variance for lot coverage and they have reduced the lot coverage. The variance for the side setback will remove the need for an easement for the fire lane on the adjacent property. Another important point is with the loading docks on the side of the building instead of in the rear, it lessens the chance that there will be noise issues with the abutting neighborhood. He also noted that some of the issues are still being ironed out with the Site Plan that is within the jurisdiction of the Community Development Board. In response to a question by Laura Walta, Mr. Boghos explained that the rear of the building would be freezer space for the storage of food and the front would be used for light manufacturing, distribution or warehouse space. It will be an industrial use with jobs. Chairman Matthew D’Agostino opened the floor to public participation. 2 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 read into the record, correspondence in favor of the project from the owner of 31 Danton Drive. Philip Cultrera commented that what is being requested is very reasonable and it’s a better design. Chairman Matthew D’Agostino called for the vote on the three variances. 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 2021-14 Applicant: Jose & Erica Rosado, 15 Arcadia Street, Methuen, MA 01844 A Variance is required for an addition under section V-D in a RD (Residential D) Zone that will be too close to the rear setback at 15 Arcadia Street, Methuen, MA 01844 Mr. Rosado explained to the Board that he wanted to extend the deck on the back of his house by 2 ½ feet and add a roof and screening. This will put him 10 feet from the property line. He noted that none of his neighbors were opposed. Chairman Matthew D’Agostino opened the floor to public participation. For the record nobody spoke in favor or in opposition. Chairman Matthew D’Agostino read into the record, correspondence in favor of the project from David Contorelli, 10 Albermarle Street. Mr. Rosado stated that one of the reasons that he wanted to enclose and screen the deck was to provide more privacy for both he and his neighbor. 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 2021-15 Applicant: Ali Kalem, 39 Linden Street, Lynn, MA 01905, Co-Applicant: Evan Silverio, a/k/a Diverse Real Estate, 10 S. Broadway, Lawrence, MA 01843 3 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Special Permit required for a Restaurant in a Business Highway (BH) Zone at 91 Broadway, Methuen, per Section V-D of the Comprehensive Zoning Ordinance of the City of Methuen. Mr. Kalem explained that they wanted to utilize 91 Broadway, which used to be a nightclub and restaurant with a preexisting kitchen for a takeout and delivery restaurant. He will partner with grub hub, uber and door dash for delivery. The food will be Mediterranean based on Greek, Lebanese, and Turkish tradition. Their goal is to bring quality, healthy food to the community. He added that he is a graduate of culinary school with 20 years of restaurant experience and he’s familiar with food related health regulations. He believes his restaurant will attract more people to the city and be a benefit to the city. Laura Walta asked if there was any intention to serve alcohol as part of the takeout. She noted that this neighborhood has been opposed to the increased number of liquor licenses in the area. Mr. Kalem responded that there will not be any alcohol served now or in the future. He will not be seeking a liquor license. He is opposed to liquor or drugs and noted that he previously worked in law enforcement and served in the army where he was the alcohol and drug abuse coordinator. He will do whatever he can to help support the community fight against drug and alcohol abuse. Chairman D’Agostino asked if there was any parking at the location. Mr. Kalem responded that there is on street parking available for five or six cars. The business is take out, grab and go, and delivery, so that will be sufficient. Chairman Matthew D’Agostino opened the floor to public participation. The following people spoke in favor of the project: Linda Soucy, 10 Kirk St. Mrs. Soucy is in favor of the restaurant but would like, as a condition of the Special Permit, that a liquor license will not be granted. Nancy Michaud Mrs. Michaud is in favor of granting a Special Permit for the restaurant. For the record, nobody else spoke in favor. For the record, nobody spoke in opposition. Chairman Matthew D’Agostino informed the Board that he spoke with the City Solicitor and the condition of approval that Mrs. Soucy has requested is not allowed, therefore he cannot support this. He also thinks the lack of parking will lead to traffic congestion. He would like to see the restaurant open in a more suitable location that is less detrimental to the neighborhood. In response to questions by Vincenzo Pesce, Mr. Kalem reiterated that the location was previously a restaurant and pub in the basement. Mr. Pesce stated that he has an issue with parking. Laura Walta commented that the intersection there has a lot of traffic and congestion. 4 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Responding to David DiNatale, Mr. Kalem stated that the restaurant would be open 3:30 – 9:00 pm six or seven days per week, probably closed on Monday. Philip Cultrera asked if the applicant had any ideas to alleviate the parking issue. Mr. Kalem answered that he could look into acquiring an agreement with the church across the street. Chairman D’Agostino noted that he had received email correspondence from Linda Soucy, which would be included in the record. Chairman Matthew D’Agostino called for a vote. ROLL CALL Matthew D’Agostino, Chairman No Laura Walta, Vice Chairman No Vincenzo Pesce, Board Clerk No Philip Cultrera, Member Yes David DiNatale, Alternate Member Yes Ronald Pitocchelli, Alternate Member Absent 2021-16 Robert & Julie Cole, 1 Conrad 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 an approximate 22’ x 22’ addition in a Residential D (RD) Zone that will be too close to the side lot line as shown on Plan prepared for Robert Cole, Methuen, MA 01844, by Stowers Associates, Inc., dated April, 2021 at 1 Conrad Street, Methuen, MA 01844. Mr. Cole presented his plan to build a two-story in-law apartment on the footprint of their existing garage to the Board. It is currently 8 feet from the lot line which is less than the required setback. The apartment will be for his 71 year old mother so they can take care of her as she gets older. The Board discussed that the application does not mention that the addition is an in-law apartment and that some of the application is left blank. William Buckley noted that in-law apartments are allowed by right. Whether the addition is an in-law or not is irrelevant. The current single story garage is in the setback and is an existing non-conforming structure. The applicant is keeping that exact setback but going straight up with a second floor. The Special Permit is to extend an existing non-conforming structure. Chairman D’Agostino recommended continuing this petition to the next meeting to complete the missing items on the application. MOTION: Laura Walta moved to continue this item to the August meeting. SECOND: inaudible DISCUSSTION: None 5 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 VOTE: UNANIMOUS 2021-17 JR Builders, Inc., 599 Canal Street, Lawrence, MA 01841 A Variance is required under Section VI-D in a RR (Rural Residential) Zone for the foundation of a new single- family dwelling that has been built too close to the front setback at Lot 6A, #12 Cooper Lane, Methuen, MA 01844. Attorney Anthony Copani, representative of the applicant explained that Cooper Lane is a recently approved subdivision consisting of 13 single family lots in the Rural Residential zone. The RR district requires 80 square feet of area and 200 feet of frontage. They are the largest lots in the city. The lot in question complies with all the dimensional requirements except for the frontage setback, which requires 40 feet. Only a small portion of the foundation is within the forty-foot setback. Ninety five percent or more of the foundation meets or exceeds the setback requirement. The right hand corner of the foundation is 35 ½ feet from the edge of the lot, which is on the curve of the cul de sac. Attorney Copani also pointed out that the corner of the foundation to the edge of pavement will be 43 feet. The reduced frontage in this case does not impede access, safety, or privacy in any way. Chairman Matthew D’Agostino asked why the foundation wasn’t placed correctly in the first place. Attorney Copani responded that there are wetlands in the rear of this lot, and you have to build 100 feet from the wetlands. This lot needed substantial fill. It was below grade and a lot of fill was required to get it to street level. During this process and in an overabundance of caution to stay away from the wetland, they moved the house up a little and miscalculated the cul de sac radius. Chairman Matthew D’Agostino opened the floor to public participation. For the record nobody spoke in favor or in opposition. 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 2021-18 Alessandro Fragione, 299 Oak Street, Methuen, MA 01844 A Variance is required under Section VI-D in a RC (Residential C) Zone to construct a farmer’s porch that will be too close to the front setback at 299 Oak Street, Methuen, MA 01844. Mr. Fragione explained to the Board that about a year ago a drunk driver hit his home and took it off the foundation by approximately a foot and he was forced to tear down his house and rebuild it. He previously had a farmer’s porch, and he would like to extend around the house with the rest of the new farmer’s porch, but on the corner, on one section, it would be six inches into the front setback requirement. 6 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Chairman Matthew D’Agostino opened the floor to public participation. For the record nobody spoke in favor or in opposition. Philip Cultrera asked if there was a target date for the completion of the rebuild. Mr. Fragione responded that it is expected to be complete before the holidays. 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 2021-19 Applicant: Ronald M & Michelle LaPlume, 18 Stadium Road, Methuen, MA 01844 Co-Applicant: Joseph D. Fisichelli PO Box 2157, Methuen, MA 01844 A Variance is required per Section VI-D, Table of Dimensional Regulations, of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a single-family home on a corner lot that will be without the required frontage on Brookfield Road and Sycamore Road. As shown on Plan of Land entitled, Site Plan Parcel 712-41-102W, Brookfield, Road, Methuen, MA, prepared for Ronald M. & Michelle LaPlume by Northpoint Survey Services, Inc. and dated June 29, 2021 at VP Brookfield Road (712-41-102W), Methuen, MA 01844. Joseph Fisichelli, representative of the applicants, presented the plan to the Board. He noted that the lot was on a radius and there is no clear ordinance or bylaw for measuring frontage as it relates to a radius. It was recommended by city officials that he get the plan approved by the Zoning Board. The lot was part of a subdivision from the 1950”s. There are homes currently in that neighborhood with similar frontage arc. He believes that the intent was for this lot to be for a single-family home, but it has never been built on. He noted that if the frontage was measured to the street line intersection, there would be 101 feet on Brookfield Road and 100 foot on Sycamore Road, and they wouldn’t even need to be in front of this Board. The assessor has always classified this as a residential, developable lot and it is assessed as such at $133,000. The new home will fit into the neighborhood. It’s proposed to be a 26’ X 38’ colonial with a two-car garage. Mr. Fisichelli offered that he tried to reach out to the abutters and answer any concerns. Chairman Matthew D’Agostino read into the record, correspondence in support of the project, from Mr. Farragher and Mr. Sordillo of Brookfield Road. In response to a concern of Mr. Farragher, Mr. Fisichelli confirmed that the bushes causing a site line issue will be removed. Chairman D’Agostino stated that he had a list of questions from David and Nancy Michaud of 14 Brookfield Road. Mr. Fisichelli stated that he had submitted answers to those questions. 7 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 Laura Walta commented that at the time this subdivision was developed, developers were being encouraged to round off the corners of intersections to improve visibility. She added that the hardship put on this land was made by those reviewing the land and making the recommendations. Chairman Matthew D’Agostino opened the floor to public participation. For the record nobody spoke in favor or in opposition. 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 2021-20 Chris Medugno, 15 Brentwood Road, Methuen, MA 01844 A Variance is required under Section VI-D in a RD (Residential D) Zone to a construct a 50’ x 26’ Single Family dwelling without the required area at 23 Chadwick Street, Methuen, MA 01844. Attorney Arthur Broadhurst, representative of the applicants explained that the applicant was seeking a variance for area. The requirement in the zone is 10,000 square feet and they are short approximately 1,500 square feet. He pointed out that this lot was 10,000 square feet when it was created in 1923. It was always a 10,000 square foot buildable lot pre-zoning and after zoning but along the way when the Commonwealth of Mass laid out Route 495, they took that piece of land that the applicant is short, thus creating a hardship on the lot. Vincenzo Pesce stated for the record that he has a conflict and recused himself. Chairman Matthew D’Agostino informed Attorney Broadhurst that he would need an affirmative vote from all four members for this to pass. Attorney Broadhurst agreed to continue. Chairman Matthew D’Agostino opened the floor to public participation. For the record nobody spoke in favor or in opposition. 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 8 Filed in the Office of the City Clerk 8/26/21  Approved by the ZBA 8/25/21 5. Other Business: Discussion Chairman Matthew D’Agostino stated that William Buckley is leaving his position as Director of Economic and Community Development. He has been an asset to the City of Methuen, he has worked well with the Zoning Board for a number of years, and he wishes him well in his future endeavors. Mr. Buckley introduced the Director of Inspectional Services, Felix Zemel, to the Board. Felix will be transitioning to be the staff support person for the Zoning Board. 6. 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 8:41 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary NEXT ZONING BOARD MEETING: AUGUST 25, 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. 9 Filed in the Office of the City Clerk 8/26/21