Zoning Board

Approved by the ZBA 09/22/21 CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 MEETING MINUTES MEETING HELD via ZOOM WEB CONFERENCE WEDNESDAY, August 25, 2021 @ 7:00 P.M. 1. Roll Call. Chairman Matthew D’Agostino called the meeting to order at 7:03 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 Absent Ronald Pitocchelli, Alternate Member Present Others in Attendance Jodie Geary, Zoning Board Secretary Felix Zemel, Director of Inspectional Services Petitioners and Representatives of Petitioners Chairman Matthew D’Agostino called for a moment of silence in honor of all American’s who have died for our country, then led the Board in the Pledge of Allegiance. 2. Acceptance of Minutes: 1/27/21, 2/24/21, 3/31/21, 4/28/21, 5/26/21, 7/28/21 Chairman Matthew D’Agostino entertained a motion to approve the minutes of 1/27/21, 2/24/21, 3/31/21, 4/28/21, 5/26/21, and 7/28/21. MOTION: Laura so moved. SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS 3. Old Business: Any correspondence referring to: 1. Request to Withdraw a Petition on the Agenda: 1 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 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: #2020-15 Saisa Realty, LLC, 240 Pleasant Street, Methuen, MA 01844 Variance required, per Section VI-D of the Comprehensive Zoning Ordinance of the City of Methuen, to construct a 2,176 square foot accessory building in a Limited Business (BL) Zone that will be too close to the side lot line as shown on Preliminary Site Plan prepared for Saisa Realty, LLC, 240 Pleasant Street, Methuen, MA 01844, by Greenman Pedersen, Inc., dated August 18, 2020. Attorney Anthony Copani stated that the applicant is seeking an extension of a variance that was granted on September 23, 2020. In this climate, it was difficult for the applicant to obtain a contractor and materials, but most significantly, his architect passed away, which set the project back. They are looking for a six month extension after the initial one year period runs out. Chairman Matthew D’Agostino entertained a motion to grant a six month extension to the applicant. MOTION: Laura so moved. SECOND: Philip Cultrera DISCUSSION: None VOTE: UNANIMOUS 4. Continued Petitions: . 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 noted that they were on the agenda last month, but the application wasn’t complete, and they are now back with a completed application. They are looking to add a two story addition onto their house where there is an existing garage. There will be a living area on the first floor with a bedroom on the second floor. It will be in the same footprint of the existing garage, which is 20’X 22’ on the east side of the house. Laura Walta asked to clarify that they will no longer have the garage; instead, it will be the addition. Mr. Cole confirmed that was correct. 2 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Chairman Matthew D’Agostino opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Chairman Matthew D’Agostino closed public participation. Philip Cultrera noted that the application is for a Special Permit because there is 8 feet from the building to the lot line. Mr. Cole explained that it is an existing non-conforming garage. 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 Absent Philip Cultrera, Member Yes, per plan David DiNatale, Alternate Member Absent Ronald Pitocchelli, Alternate Member Yes, per plan 5. New Business: 2021-21 Thomas Pollard, 37 Orchard Street, Methuen, MA 01844 A Waiver is required in an RG (Residential G) Zone in the City of Methuen Municipal Code Fence Ordinance, Chapter 9 Section 9.89, Paragraph B-1 & D for a 6 foot high privacy fence in the front yard along School Street and 11 feet setback on Orchard Street at 37 Orchard Street, Methuen, MA 01844. Kathy Pollard explained that they had installed a fence that they believed followed the guidelines. Their property comes to a point, so they don’t really have a rear lot line, it is all frontage. The fence was originally fifteen feet from the street, but they were told it impeded the sight line. Building Inspector, Gene Walsh and Officer Fleming guided them in finding a location so that the fence would be safe, with safe sight lines. They were told to located it 20 feet off the street and by that weekend they moved it to the suggested location. They are requesting the waiver so that they can maintain some yard area and privacy. It will also provide sufficient height in order to contain their dog. Laura Walta pointed out that the hardship on the property is the triangular shape and it’s hard to judge how far in you have to be to provide visibility. Chairman D’Agostino pointed out that the Police Department approved the location of the fence. Philip Cultrera asked if the location of the fence today is in compliance with the guidelines of Gene Walsh and Officer Fleming. Ms. Pollard responded in the affirmative and added that they made the necessary changes within days at an additional cost of $600. Jodie Geary pointed out that Gene Walsh signed off on July 20th that the fence had been moved. 3 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Chairman Matthew D’Agostino opened the floor for public participation. For the record, nobody spoke in favor or in opposition. Chairman Matthew D’Agostino closed public participation. Director of Inspectional Services, Felix Zemel, reiterated that Gene Walsh was out there on several occasions and verified that the fence had been moved to the location that was recommended by the Police. The department does not have any additional comments. Chairman Matthew D’Agostino called for the vote. ROLL CALL Matthew D’Agostino, Chairman Yes Laura Walta, Vice Chairman Yes Vincenzo Pesce, Board Clerk Absent Philip Cultrera, Member Yes David DiNatale, Alternate Member Absent Ronald Pitocchelli, Alternate Member Yes 2021-22 Patrick Nolan, 2 Summit Avenue, Methuen, MA 01844 A Variance is required under Section VI-D in an RG (Residential G) Zone to sub divide a parcel of land into 2 Lots, leaving Lots 1 and 2 without the required area and Lot 1 without the required frontage. Also, to clarify the existing frontage on Stevens Street and existing setbacks for the front and rear of Lot 2 at 2 Summit Avenue, Methuen, MA 01844. Mr. Nolan presented his plan to the Board. He bought the two family home in 2019 that was a non-conforming lot along with a parcel next to it. He wasn’t aware that the lots would be combined so they went to the Registry of Deeds to register the lots under two separate names to keep them separate but because they were married, the ownership was shared, and it didn’t help the cause. He is requesting to subdivide the lot back to the two lots he originally purchased and a variance to build on Lot 2 that would be 500 square feet less than what is required with 20 feet less than the required frontage. Laura Walta pointed out that 12,000 is required for a two family dwelling so the request is a significant derogation from what is required. At the Chairman’s request, Laura Walta read into the record, the four pieces of correspondence received. 1. A memo from Conservation Officer, Joseph Giarrusso, stating that the plan may require a Conservation Commission filing. 2. An email in opposition from Burt Batcheller, 7 Summit Avenue, concerned with public safety, the narrowness of the street and the number of cars parked. He also noted that the plan was not to scale. 3. An email in opposition from Joseph Shields and Seth Bach, 5 Summit Ave, also concerned with public safety, narrowness of the street and parking issues. 4. An email in opposition from Jameek Clovie, 35 Stevens Street, concerned about traffic, congestion and public safety. Chairman Matthew D’Agostino opened the floor for public participation. 4 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 For the record nobody spoke in favor of the plan. The following people spoke in opposition to the plan: Marc Carey, 30 Stevens Street: Mr. Carey agrees with the other abutters who sent in emails. Public safety, congestion and traffic are concerns. Carmen Carey, 30 Stevens Street: Mrs. Carey thinks it’s inconsiderate to the people who have lived in the neighborhood. It is a huge inconvenience to the entire neighborhood. It will be unsafe, particularly in the winter. Jeffrey Cote, 31 Stevens Street: Mr. Cote attempted to speak but was having problems with his microphone. He typed in to Zoom that he was opposed to the petition and has concerns with traffic as well. For the record, nobody else spoke in opposition. Chairman Matthew D’Agostino closed public participation. Laura Walta commented that when she went to the neighborhood, she noticed that it was difficult getting around the vehicles parked on both sides of the street. Mr. Nolan responded to the concerns of the neighborhood. He agreed that Summit Avenue and Stevens Street are narrow roads. He noted that two of the cars parked in his lot belong to current tenants. The driveway can hold up to four cars. There is also an area on Stevens Street with room for two cars, where one car is currently parked. The area that the abutters are referring to is 100 square feet away from the lot he would like to build on. He has a parking plan and there will not be additional cars added to the street. He is open to meeting with the Conservation Officer to make sure they meet all of those requirements. Chairman D’Agostino asked what the hardship is in this proposal on the variance request. Mr. Nolan responded that he had twins during the pandemic, and he would like to give them the opportunity to live in a single family home and remain in Methuen. It will also allow him to be close to his multi-family so that he can keep a close eye on it. Felix Zemel stated that in his review of the file and the plan and the Zoning Ordinance he sees the following issues: • As Mr. Nolan said, that by owning two lots, they were joined into one lot. The one lot is 13,472 square feet. In the RG zone, a two family house requires 12,000 square feet and 8,000 square feet for a single family. What we have currently, by the combining of the two lots, is a conforming lot with a non- conforming structure on it, because it does not comply with the setback requirement. If the Board grants this variance, they will be creating two non-conforming lots, breaking up a conforming lot into two non- conforming lots. • If the Board grants the variance, not only does Lot 2 become non-conforming, they are proposing to put a building on a non-conforming lot, that will conform with the setbacks, but the lot is still considered unbuildable unless this Board grants a variance from the minimum lot area requirement. • Regarding the parking requirement, the paved driveway seems to be crossing over into the proposed Lot 1 so there may need to be an easement. The paved driveway will have to be evaluated to make sure it can accommodate at least four vehicles. Lot one would have to provide for two parking spots off-street. 5 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Mr. Cultrera suggested that it might be prudent for the applicant to meet with the abutters and also with Mr. Zemel to address some of the issues raise, prior to a Board vote. Laura Walta doesn’t see that the plan could be modified to be more compliant with the zoning ordinance or with the neighborhood concerns. The Board has a history of avoiding taking a compliant lot and creating a non- compliant lot. In this case it would be creating two non-complying lots and it would be a 50% derogation and would exacerbate the existing congestion in the neighborhood. Chairman D’Agostino agreed that historically the Board will not create non-compliant lots. Mr. Nolan stated that he would like the opportunity to come back to the Board with another plan. He believes the parking can be addressed. He pointed out that when he bought the house, it was a non-conforming lot and there are already four other properties on the street with less area and frontage than the lot he is proposing. There previously was a house on that lot but was never rebuilt after a fire. Utility connections are existing for the proposed lot. Laura Walta asked if the applicant would like to withdraw his petition without prejudice and come back to the Board with an alternative. Chairman Matthew D’Agostino stated that he doesn’t see an alternative to the plan that would make it workable. Chairman Matthew D’Agostino called for the vote on the variance. ROLL CALL Matthew D’Agostino, Chairman No Laura Walta, Vice Chairman No Vincenzo Pesce, Board Clerk Absent Philip Cultrera, Member No David DiNatale, Alternate Member Absent Ronald Pitocchelli, Alternate Member No Mr. Nolan asked if he were to seek to build a garage on the second lot, would a denial of the Special Permit prevent him from doing so. Laura Walta explained that a denial would prevent him from reapplying for the same thing, but it does not stop you from doing something totally different. 2021-23 Patrick Nolan, 2 Summit Avenue, Methuen, MA 01844 A Special Permit is required under section XI-E to increase an existing nonconformity of Lot 2 at 2 Summit Avenue. Chairman Matthew D’Agostino called for the vote on the Special Permit. ROLL CALL Matthew D’Agostino, Chairman No Laura Walta, Vice Chairman No Vincenzo Pesce, Board Clerk Absent Philip Cultrera, Member No David DiNatale, Alternate Member Absent 6 Filed in the Office of the City Clerk 09/27/21  Approved by the ZBA 09/22/21 Ronald Pitocchelli, Alternate Member No 6. 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 8:03 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary NEXT ZONING BOARD MEETING: SEPTEMBER 29, 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 09/27/21