Zoning Board

CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 MEETING MINUTES MEETING HELD via ZOOM WEB CONFERENCE WEDNESDAY, November 17, 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 Present Philip Cultrera, Member Present David DiNatale, Alternate Member Present Ronald Pitocchelli, Alternate Member Absent Others in Attendance Felix Zemel, Director of Health, Human Services, and Inspections Kathleen Colwell, Planning Division Director Attorney George Pucci, Board Counsel Petitioners and Representatives of Petitioners Linda Soucy, MAN Inc. 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: No minutes presented for acceptance 3) Old Business: a. Request to Withdraw a Petition on the Agenda: N/A b. Request for Reconsideration of a Denied Decision: N/A c. Request for Significant Change on a Denied Decision: 2021-27 Ali Kalem, 39 Linden Street, Lynn MA 01950 / Evan Silverio a/k/a Diverse Real Estate, 10 South Broadway, Lawrence, MA 01843 (Continued from October 20, 2021) Request for Significant Change on a Denied Decision related to a 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. 1  Chairman Matthew D’Agostino asked the applicant if he had any additional information since the October 20, 2021 meeting. Mr. Kalem stated that he had spoken with the Methuen Police Department and that they had no concerns with the proposed changes. Director Zemel said that he had spoken with Capt. Randy Hagger of the Methuen Police Department earlier that day, and that they still held their opposition to the application on the grounds previously noted. Chairman Matthew D’Agostino called for a roll call vote as to whether the applicant had provided a significant change to the denied application. VOTE: Vincenzo Pesce – No Philip Cultrera – No David DiNatale – No Laura Walta – No Matthew D’Agostino – No CONTINUED PETITIONS FROM OCTOBER 20, 2021: 2021-24 YWCA of Greater Newburyport c/o Lisa Mead (Mead, Talerman & Costa, LLC) Pursuant to G.L. c. 40B sections 20-23 for a Comprehensive Permit to construct 96 rental housing units at 10 and 12 Ingalls Court Lot 1, including Assessor’s Map 716-115- 2A and 716-115-2. The applicant presented updated plans regarding architecture and civil design. Director Colwell reported that she received notice from the City’s Historical Consultant that all of her conditions have been met. Outstanding issues are being addressed with the Engineering Division of the Department of Public Works. Members asked questions relative to the phasing of work. The applicant explained that although these are designed as two buildings, they will be connected. This is why they are asking for a variance from provisions relative to distance between buildings and certain setbacks. The applicant and board members discussed the traffic study. Linda Soucy asked questions relative to energy and sustainability of the buildings and the proposed project. Attorney Mead requested that the hearing be continued to the December 15, 2021 meeting so that the applicant’s team can continue to work with the City’s team on the final decision and engineering-related items. MOTION: Laura Walta SECOND: Philip Cultrera VOTE: David DiNatale – Yes Philip Cultrera – Yes Laura Walta – Yes 2  Matthew D’Agostino – Yes Vincenzo Pesce – Abstain 2021-25 Anthony Vito Lafata, 26 Jasper Street, Methuen, MA 01844 Variance required under Section VI-D of the City of Methuen Comprehensive Zoning Ordinance in a RB (Residential B) Zone to subdivide a parcel of land into 2 lots and construct a 26’x48’ single family dwelling, leaving both lots without the required area and frontage. 26 Jasper Street, Methuen, MA 01844. Director Zemel reported that Mr. Lafata had requested that this application be withdrawn without prejudice. VOTE: Unanimous 4) New Business: 2021-26 Kamalkant M. Patel, 16 Valley View Way, Methuen, MA 01844 / Julio Romero, 30 Pearle Avenue, Lawrence, MA 01841 c/o Anthony Copani (Copani, Tarlow & Cranney) A Variance is required under Section VI-D in a RR (Rural Residential) Zone to construct a single- family dwelling without the required area, frontage, and side setbacks. Parcel 410-125-23D Hampshire Road, Methuen, MA 01844. Attorney Copani presented the history of the lot, including multiple subdivisions and mergers of land, resulting in an odd-shaped lot with frontage on two streets. Chairman D’Agostino read into the record a letter in opposition to the application due to safety concerns. Director Zemel asked questions relative to frontage due to this fronting two street. Vice Chair Walta and Chairman D’Agostino voiced concerns about access from Hampshire Street and how dangerous the turn into the property is. Attorney Copani requested that the application be withdrawn without prejudice. MOTION: Laura Walta SECOND: David DiNatale VOTE: Unanimous 2021-30 Gary Debenedetto, 46 Campus Road, Methuen, MA 01844 Variance is required under Section VI-D of the City of Methuen Comprehensive Zoning Ordinance in a RB (Residential B) Zone for an addition (28’ x 34’) to the left side that will be too close to the side setback at 46 Campus Road. Applicant was joined by his general contractor, Nicholas Boucher. Mr. Boucher presented the proposal for a 2.5 foot side setback to build a garage off to the left side of the existing home. He explained that this was in the character of the rest of the neighborhood, and that the applicant should have the same opportunity as his neighbors to build a garage. 3  Philip Cultrera asked multiple questions relative to hardship. He explained that the fact that other neighbors may have received relief is not evidence of a hardship in this case. He also stated that following the character of the neighborhood is not a hardship. Philip Cultrera, Vincenzo Pesce, and Laura Walta asked questions about why the garage cannot be build in the rear of the building. Mr. Boucher asked what an acceptable threshold is to get a variance. Director Zemel and Laura Walta indicated that 7.5 feet, which is the setback for temporary accessory structures, may be reasonable. Mr. Boucher asked that the hearing be continued to the December 15, 2021 hearing so that he can work with Director Zemel on revising the plans and resubmitting them for consideration. MOTION: Laura Walta SECOND: Philip Cultrera VOTE: Unanimous 5) Adjuournment: There being no further business before the Board, Chairman Matthew D’Agostino entertained a motion to adjourn the meeting. MOTION: Laura Walta SECOND: Philip Cultrera VOTE: Unanimous Chairman Matthew D’Agostino adjourned the meeting at 9:34 PM. Respectfully Submitted, Felix I. Zemel Director of Health, Human Services, and Inspections NEXT ZONING BOARD MEETING: December 15, 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. 4