Zoning Board

DRAFT CITY OF METHUEN BOARD OF APPEALS THE SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA 01844 MEETING MINUTES MEETING HELD via ZOOM WEB CONFERENCE WEDNESDAY, December 15, 2021 @ 7:00 P.M. 1) Roll Call. Chairman Matthew D’Agostino called the meeting to order at 7:02 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. Jamil Martinez, resident, 12 Glenwood Ave, Methuen, MA 01844 Maricelis Ortiz, resident, 10 Athens Way, Methuen, MA 01844 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. Vincenzo Pesce introduced the members of the Board 2) Acceptance of Minutes: Director Zemel informed the Board that the minutes from the November 17, 2021 meeting were not ready, and would be presented at the next meeting. 3) Old Business: a. Any correspondence to the Board not related to items on this agenda: No such correspondence received b. Request(s) to withdraw petition(s) on the agenda: N/A c. Request(s) for reconsideration of a denied decision: N/A d. Request(s) for significant change(s) on a denied decision: N/A e. Request(s) for a time extension on a granted decision: N/A 1 DRAFT  DRAFT f. Continued petitions from November 17, 2021: 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. Chairman Matthew D’Agostino took this petition out-of-turn, after 2021-32 and before 2021-31, as the Board was waiting for Attorney Pucci to join the meeting. Chairman Matthew D’Agostino noted that the Board had not been provided with any updated plans since the meeting on November 17, 2021. Director Zemel informed the Board that his team had received the hard copy of the plans but had not forwarded those documents to him for distribution. Director Zemel informed the Board that Mr. Boucher had emailed a PDF copy of the plan to him, which he is able to share on the screen. Chairman Matthew D’Agostino entertained a motion to accept the plan electronically, without the Board having prior benefit of reviewing the plan. Vice Chair Laura Walta and Philip Cultrera said that this is a rare occurrence, but was not the first time, and that this would not set precedent. MOTION: Laura Walta SECOND: Philip Cultrera VOTE: Unanimous Director Zemel shared his screen with the plan, and indicated that he had worked with Mr. Boucher to get the design to have a new setback on 7.5 feet. Philip Cultrera asked if the plan were accepted if that would automatically also approve the accessory structures that were shown on the plan. Vincenzo Pesce said that it would as the Board would be approving the plan as proposed. Director Zemel asked Mr. DeBenedetto approximately when the accessory structures (sheds) were built, and Mr. DeBendedetto responded nearly twenty (20) years prior. Director Zemel then said that the sheds were considered nonconforming structures as they had been present for more than ten (10) years. Vincenzo Pesce agreed with this interpretation. Philip Cultrera and Vice Chair Laura Walta said that the updated plan is much improved on the original one submitted on November 17, 2021. Director Zemel asked for clarification where the plan called for a 7.6 foot setback, if the Applicant meant 7’-6”. Mr. Boucher said that 7’-6” was correct. Chairman Matthew D’Agostino entertained a motion to approve the variance, as shown on the plan, with the condition that the 7.6’ side setback be revised to be a 7’-6” side setback. MOTION: Laura Walta 2 DRAFT  DRAFT SECOND: Philip Cultrera VOTE: Vincenzo Pesce – Yes Philip Cultrera – Yes David DiNatale – No Laura Walta – Yes Matthew D’Agostino – Yes 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. Hearing started at 8:05 PM upon the arrival of Attorney Pucci and the completion of Application #s 2021-30, 2021-31, and 2021-32. Attorney Lisa Mead presented updates to the draft decision that she had been working on with Director Colwell and Director Zemel. TJ Melvin went over plan revisions relative to side condition. He said that the team needs more time to address comments from Engineering and TEC consultants. He also went over responses from Vanasse & Associates Inc relative comments on the traffic study. Directors Colwell and Zemel noted that this letter was only received hours before the Hearing on the same day. Michelle Apigian, Icon Architecture, presented updates to the landscape plan, and answered questions about lighting. Attorney Lisa Mead went over a visual and narrative depiction of all dimensional waivers being requested, which were all internal to the site. Director Colwell went over the outstanding conditions that the City and Applicant are working to resolve relative to in perpetuity and local preference conditions. Director Zemel and Director Colwell explained that different requirements may be tripped if the City goes for 50% or 70% local preference. Director Colwell and Director Zemel presented a compromise that they are working on relative to in perpetuity, as proposed by Attorney Pucci. This requires the site to maintain 100% affordability for fifty (50) years, after which the site will need to comply with the minimum affordability requirements in place at the time of issuance of the Comprehensive Permit. Attorney Mead said that the Applicant is willing to accept this condition. Linda Soucy requested that the local preference be set to 50% instead of the 25% proposed. The Applicant, through Attorney Mead, said that they would be supportive of this condition, subject to DHCD approval. Jamil Martinez spoke in favor of this project. She said that this project allows seniors to age in place. Maricelis Ortiz spoke in support of this project. 3 DRAFT  DRAFT Attorney Lisa Mead requested a continuance of the Hearing until a special meeting on January 6, 2022 at 7:00 PM, at which point she hopes to have a final draft of the conditions and to have substantially addressed Engineering’s concerns. MOTION: Laura Walta SECOND: Philip Cultrera VOTE: David DiNatale – yes Philip Cultrera – yes Vincenzo Pesce – abstain Laura Walta – yes Matthew D’Agostino -- yes 4) New Business: 2021-32 Broadway Building Associates Limited Partnership c/o John Smolak (Smolak & Vaughan LLP) Application for determination of insubstantial change to the Comprehensive Permit in accordance with 760 CMR 56.06(11) and 760 CMR 56.07(4) and confirmation that the Applicant has met the requirements of Condition 15A of the Comprehensive Permit at 254 Broadway, Methuen, MA. Chairman Matthew D’Agostino took this petition out-of-turn, before 2021-30, as the Board was waiting for Attorney Pucci to join the meeting and Attorney Smolak requested to be taken out-of- turn due to a scheduling conflict. Attorney Smolak presented the application for an insubstantial change. He explained that the transformer pad needed to be relocated at the request of the utility company, which resulted in a needed reconfiguration of the parking. The original Comprehensive Permit called for 68 parking spaces to be provided. Attorney Smolak presented a Site Development Plan by Merrimack Engineering Services, dated December 15, 2021. Attorney Smolak presented three alternatives for resolving the parking situation: 1) reduction in the width of each spot, but keeping 68 parking spots (compact spaces), 2) reducing the total number of spots to 66 parking spots, and 3) reducing the total number of spots to 66.5 with one spot being one-half of the required width and designated for motorcycles. Director Zemel reported that he spoke with Capt. Randy Hagger of the Methuen Police Department, and they preferred that the total number of spaces be reduced versus the compact spaces. All members present agreed that compact spaces were less preferable. Chairman Matthew D’Agostino commented that cars are large, and that the compact spots may result in damage to neighboring vehicles. Attorney Smolak presented the history of the door, and the Historic Commission’s request for sidelites, dating back to 2017. He reported that this was previously mentioned in Condition 15A and discussed with the City’s then-consultant Harriman. He also noted that issuance of a building permit represented that all of the pre-permitting conditions had been met. Attorney Smolak presented a plan entitled “SK-06: Broadway St – East Elevation – Revised Entry Door” by Schadler Selnau Associates P.C. dated 12/15/2021 showing a proposed compromise. He explained that the framing around the door was load-bearing and an essential portion of the structural design. He said that if side-lites would be installed that this would result in significant 4 DRAFT  DRAFT structural reconfiguration. Instead, Attorney Smolak presented the above plan with four (4) glass panels integrated into the door itself, with a transom window above the door. Vice Chair Laura Walta noted that the addition of the glass will make a difference and asked if it would result in a security issue. The Applicant, David Spada, said that there was no significant security concern. Director Zemel reported that the lottery was being held the same day as the hearing and that Director Colwell had learned a bit about local preference and the diversity matching requirements associated with different levels of local preference. She explained that although the City had requested 70% local preference, the DHCD still had not approved this. Chairman Matthew D’Agostino said that he would entertain three separate votes, one for each of the requests for determination of insubstantial change: MOTION 1: Relocation of the transformer pad is an insignificant change to the Comprehensive Permit in accordance with 760 CMR 56.06(11) and 760 CMR 56.07(4). MOTION: Laura Walta SECOND: Philip Cultrera VOTE: David DiNatale – yes Philip Cultrera – yes Vincenzo Pesce – yes Laura Walta – yes Matthew D’Agostino – yes MOTION 2: Reduction of the number of parking spaces from 68 to 66.5, with one half-width space being designated as a motorcycle space, as indicated on Site Development Permit Plan by Merrimack Engineering Services dated December 15, 2021 is an insignificant change to the Comprehensive Permit in accordance with 760 CMR 56.06(11) and 760 CMR 56.07(4). MOTION: Laura Walta SECOND: Philip Cultrera VOTE: David DiNatale – yes Philip Cultrera – yes Vincenzo Pesce – yes Laura Walta – yes Matthew D’Agostino – yes MOTION 3: The proposed alternative to the glazing in the Broadway entrance, as shown on Sheet SK-06, entitled “Broadway St – East Elevation – Revised Entry Door” by Schadler Selnau Associates P.C., meets the intent of Condition 15A of the Comprehensive permit and is an insignificant change to the Comprehensive Permit in accordance with 760 CMR 56.06(11) and 760 CMR 56.07(4). MOTION: Laura Walta SECOND: Philip Cultrera VOTE: David DiNatale – yes Philip Cultrera – yes Vincenzo Pesce – yes Laura Walta – yes 5 DRAFT  DRAFT Matthew D’Agostino – yes 2021-31 184 Pleasant Valley, LLC (David and Kim Abare) A variance is required under Section V-D in an IL (Limited Industrial) Zone for Personal Services at 184 Pleasant Valley Street, Methuen, MA 01844 Chairman Matthew D’Agostino took this petition out-of-turn, after 2021-30 and before 2021-24, as the Board was waiting for Attorney Pucci. Chairman Matthew D’Agostino read the application into the record and told the Applicant that what they were requesting was a Use Variance, which is not permitted in the City of Methuen. The Applicants asked what should be done, as there were other Personal Services Establishments in the building already. Chairman Matthew D’Agostino read the disclaimer that he previously read at the beginning of Zoning Board of Appeals meetings regarding use variances. Chairman Matthew D’Agostino said that in order to fix this issue, the property needs to be either re-zoned or the Comprehensive Zoning Ordinance should be updated. He said that for both of these options, the Applicants need to approach the City Council and Community Development Board. Chairman Matthew D’Agostino stated that the Board cannot vote on this topic, as they are not permitted to hear applications for use variances. The Applicants requested that the application be withdrawn without prejudice. MOTION: Vincenzo Pesce SECOND: Laura Walta VOTE: Unanimous to withdraw the application without prejudice. 2022 Zoning Board of Appeals Schedule Director Zemel presented the draft ZBA Schedule to the Board. Chairman Matthew D’Agostino asked whether the Eagle-Tribune dates need to be changed since it is no longer published on Tuesdays. Director Zemel said that if this is the case, they can be published the corresponding Mondays or Wednesdays, as both comply with the notice requirements of G.L. Chapter 40A. Chairman Matthew D’Agostino also noted that elections of officers will occur at the January 26, 2022 regular meeting and not the January 6, 2022 special meeting. VOICE VOTE TO ACCEPT THE DRAFT SCHEDULE AS PRESENTED, WITH THE UNDERSTANDING THAT THE EAGLE-TRIBUNE PUBLISH DATES MAY BE ADJUSTED TO THE CORRESPONDING MONDAY OR WEDNESDAY AS NEEDED: 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 6 DRAFT  DRAFT Chairman Matthew D’Agostino adjourned the meeting at 9:15 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. 7 DRAFT