Zoning Board

Page 1 of 8 Page 2 of 8 April. Attorney Smolak stated that they sent a letter on March 10th, to the Board, requesting a precondition of a temporary certificate of occupancy, with an approval of a surety, for the remaining items. They are working to establish remaining outstanding items along with a bond amount and to provide that information to Mr. Zemel. Attorney Smolak stated that there is also a 10-million-dollar bond in place, but the Board needs to approve the final amount of the surety as well. Attorney Smolak stated that the estimate of outstanding work, identified by Mr. Gagnon, is $97,550.00, and there is more than enough in existing Bond to cover the remaining work to be completed. Felix Zemel states this is the first time the ZBA is taking on a request of this nature. Mr. Zemel further stated that 254 Broadway is a 40B development and certain conditions needed to be met, and the developer has an aggressive time line for occupancy. The applicant is proposing the issuance of a Bond to cover the remaining work on the outside of the establishment, and allow them to be issued a certificate of occupancy before that work is completed. Mr. Zemel stated that they worked with the applicant to make sure temporary striping for parking was put in place, which they felt was important with tenants moving in. Mr. Zemel stated that instead of issuing a new Bond, the City is fine with keeping their existing Bond open until all work is completed, as those items are covered under the existing Bond. The feelings from other departments are that this existing Bond should address their concerns, and all outstanding items are covered by this Bond. There are a few outstanding building department issues that need to be addressed before a temporary certificate of occupancy will be granted, and Mr. Zemel is confident that those issues will be addressed. David Spada stated that the plantings and asphalt top coat cannot be done until the first few weeks of April due to the weather and are weather permitting for dates. Member Pesce asked if there was a list of outstanding items. The Chairman stated that it was on the spreadsheet. Felix Zemel shared a list from the conditions of the 40B on what items are completed and ones that are TBD. The Board members stated they had not received that in their packets. Dave DiNatale asked if all work the TBD work is exterior, and questioned if they need Felix Zemel to list them out. Philip Cultrera asked if there may be a problem with first group of residents, if they are doing construction work outside when they are trying to live there, and questioned if there was a plan in place to prevent interruption for those tenants. Felix Zemel stated they have been working with Steve Gagnon to make sure the list can be done efficiently and effectively. Attorney Smolak went through the highlight list that is outstanding. He said it isn’t unusual for tenants to move in prior to all the work being completed, and that all the tenants would not be moving in at the same time. The list is as follows: 1. Final asphalt top coat 2. Permanent pavement striping (temporary has been done) 3. Wheel stops/Bicycle Rack 4. Landscape pavers 5. Dumpster fencing 6. Final as built 7. Driveway rework 8. Light poles David DiNatale asked if was all or nothing for the bond funds to be provided back to the applicant, and if all work would need to be completed. David Spada confirmed that was correct. Mr. Spada also advised Mr. Zemel that he didn’t have the latest cost and item break down, and that a newer email was sent out with that information. Mr. Pesce asked what the final time line would be, and if they were looking for the end of April for completion. Mr. Spada confirmed that was correct. Page 3 of 8 Chairman Matthew D’Agostino made a motion to grant the request to approve the form of surety agreement submitted by the director of the Board in the amount of $97,550.00, and asked for a roll call vote. Roll Call: Phil Cultrera- Yes Dave DiNatale- Yes Vincenzo Pesce- Yes Matt D’Agostino- Yes Nicholas Boucher-Yes 2022-08 George and Kathleen DiMambro Variance to Section VI-D in an RG (general residence) Zone related to the side yard setback provisions to construct a sunroom addition at 22 Madison Street. Felix Zemel stated that this petition was continued from last meeting. Kevin Keeler, Chief Designer from Brady Built Sunrooms, came forward representing George and Kathleen DiMambro. Mr. Keeler stated that they proposed a 10.8 x 14 ft sunroom on the rear of the house. He said the house is currently nonconforming with a side yard setback issue. They purposely designed the sunroom a foot back, so as to not make the nonconformity worse. They are requesting 7.4 ft side set back variance. They came before the Board last month, but there were some dangerous conditions with debris in the yard that the Board took issue with. The DiMambros have cleaned up those issues and they are now looking for the Board to approve the variance they had previously come forward with. Chairman D’Agostino opened the floor to public participation. No one came forward in favor or opposition. The Chairman closed public participation. Philip Cultrera stated that he drove by and the site, which was much different than it was, and that the clean up now adds to the benefit of the neighborhood. Member Pesce stated he was not at the previous meeting, but he did read the minutes of the last meeting, so he would be voting. The Chairman called for a vote to approve the Variance of the side set back. Roll Call: Phil Cultrera- yes per plan Dave DiNatale- yes per plan Vincenzo Pesce-yes per plan Matt D’Agostino- yes per plan Nicholas Boucher-yes New Business: 2022-09 Dante Perella d/b/a Dante’s Detailing and Sonny Village LLC c/o Anthony Copani Special permit for an automobile detailing business in a Business Highway (BH) Zone at 18 Ayers Village Rd, unit 6 (parcel ID 702-72A-4C). Attorney Anthony Copani came forward representing Dante Perella, who is seeking relief by way of a Special Permit for an auto detailing business. Attorney Copani stated that this site has recently been developed to a commercial Page 4 of 8 park with 4 commercial structures, with each unit containing bays that will be rented to prospective businesses. He said that the site is set back significantly from the road, and this is the first applicant for this new site that they have seen come forward for a Special Permit. Mr. Anthony Copani stated that there will be no assembly line of equipment, like a traditional car wash. He said that the equipment is really minor in nature and that the cars are hand washed. There will be no vehicles queuing in line, and at the most there would be 2 or 3 customers serviced at a time, who drop their car off and come back to pick it up. Attorney Copani advised that there is a small waiting room, for those that want to wait, but that most customers will drop off the car. There would be no overspill or cars queuing. The hours of operation are Mon-Saturday 8a-5p and closed on Sundays. Attorney Copani stated that there are no safety issues and it is keeping with the characteristic of the neighborhood. There are two employees, a father and son operation. Philip Cultrera asked if this would be more seasonal in nature as a car wash business, slowing down in the winter. Attorney Copani stated that it may be the case depending on what their customers want. Chairman D’Agostino opened the floor to public participation. No one came forward in favor or opposition. The Chairman closed public participation. Nick Boucher asked if any functions of the business are done outside. Attorney Copani stated that all functions are completed inside the building. Felix Zemel stated that this address is in a BH district and that they did receive a Special Permit from the Board to have contractor bays, and that was due to being very limited with parking on site. Mr. Zemel said that this application and business fits into what they wanted the site to accommodate. Dave DiNatale asked about the size of the building and if the cars can be fit in the building or if they would need to be in the parking lot. Attorney Copani stated that the Individual unit is just under 2,000 square feet and the entire building is about 10,000 square feet, and he deferred to Mr. Perella about how many cars can fit inside. Mr. Perella stated about 3-4 cars can be fit inside, and he doesn’t have too much equipment. Member DiNatale also asked about drainage for water. Mr. Perella stated that there is a double filtration drain in the floor so that the water goes into the drain, and there is nothing that goes out the building. Felix Zemel stated that grease interceptors were put in each bay, in anticipation of this type of business, from the owners of the building, and he confirmed with the plumbing inspector that those were installed. Nick Boucher asked about exhaust and if there was a plan to extract that. Mr. Perella stated he bought a fan that is going to be installed so that he can flip a switch and any fumes/exhausts can be sucked out of the bay. He also stated that the bay is on the end, and there is no one next to him on the right side. Phil Cultrera asked if this would strictly be detailing and for confirmation that it would not be changed to auto repair. Mr. Perella confirmed that this is strictly a detailing business. The Chairman called for a roll call vote to approve the Special Permit. Roll Call: David DiNatale- yes Philip Cultrera- yes Nicholas Boucher- yes Chairman Matt D’Agostino- yes Vincenzo Pesce- yes 2022-10 John Motta and Mark Turmel (Trustee for Jako Realty Trust) Special Permit is required for an automobile sales business in a Business Limited (BL) Zoning District at 60 Pine Street. Page 5 of 8 John Motta came forward stating he has been in business for 30 years and is moving locations from 42 Kirk Street to 60 Pine Street, Unit I, for used car sales. The Chairman asked if the license was under Mr. Motta’s name, and he confirmed it was. Mr. Motta confirmed that the property was owned by Mark Turmel. Chairman D’Agostino asked if the business would be used car sales similar to the other site, and how many cars would be on site. Mr. Motta confirmed that it would be used car sales and that due to the plot plan and what can be fit into this area, they would be having 10 cars on the site (the other site had 20). Chairman D’Agostino asked to see a copy of the plot plan. Mr. Motta tried to show on the zoom camera, and the Board had a hard time viewing, with the blue ink. The Chairman stated he visited the site yesterday and that his copy of the plot plan is in black ink. The Chairman asked if the 10 spaces would be above the word Pine on the plot plan, which was confirmed by Mr. Motta. The Chairman asked if the cars would be against the fence, and Mr. Motta said that there is no fence, but the cars would be against the property line. Felix Zemel stated that on September 25,2019, Mr. Turmel, the owner of the property, was given a Special Permit (by this Board) for this exact use, for all the same items with the one difference in hours. The previous Special permit hours were approved as M-F 7:30-4:30 and Mr. Motta is asking for M-F 7:30-6p. Mr. Zemel stated he has a copy of the minutes from that meeting in September 2019. Mr. Zemel stated that the Special Permit was never acted upon, so being over 2 years old, it has expired. Vincent Pesce stated he would like to see the plot plan in detail and that the property seems small to him. He believes it is important for the Board to look at that to understand the number of cars. Mr. Pesce stated that it seems like a lot of cars for this space, and he made visit to the site. Chairman D’Agostino showed his copy on the zoom camera, and asked Mr. Motta for confirmation of the spaces on that plan. Mr. Pesce still believes it is necessary for them to have the details in front of them to review and he stated he is going to pull up the site on line to see what he can view. David DiNatale also believes it would be helpful to have their own plot plan. Member DiNatale asked Mr. Motta if the location was the white building up against the spicket river and rail trail. Mr. Motta stated that the rail trail is on the left side of the building and the spicket river is on the right. Mr. Motta confirmed that he terminated his lease at the previous site and currently has no cars. He is no longer associated with the Kirk Street address. The Chairman stated it appears on the plot plan that there are spaces for 18 cars and that Mr. Motta was looking for 10, which appears to be something the site can handle. Felix Zemel stated that he has the original decision, but there was not a plot plan that went along with it, that he could find. Vincent Pesce asked if the site was International Mills, and Mr. Motta sated he was not sure of the name of the building, but that it is the last building. Mr. Pesce stated he has concerns if the condo association has approved this type of use for the location. Mr. Motta stated it is allowed and that the previous Special Permit was granted. Mr. Pesce stated that due to the fact this is a condo association, the applicant should get approval from the association that this is an approved use. The Chairman mentioned that this site was used to park cars for the last 20 years, and the condo association and police never had an issue here. The Chairman stated that he is familiar with the site, and had detailing on his car here. The Chairman also stated that if the condo association would be able to shut the business down if this wasn’t allowed under their bylaws, regardless of the Special Permit vote by the Board. Mr. Pesce asked Felix Zemel if the association would have been notified, and Mr. Zemel stated that abutters were mailed copies of the legal ad 2 weeks prior to the meeting. Member Pesce asked if Mr. Turmel was present and he was not. Mr. Motta stated he has a signed lease with Mr. Turmel and they are fully aware of the type of use for this business. Mr. Pesce expressed his concerns with the HOA and questioned who is signing off on this use for the site, and that he wished Mr. Turmel was here. Mr. Motta stated that Mr. Turmel spoke with the association and that everything is all set and no one has a problem. Member Pesce asked if the Special Permit runs with the land and not the petitioner. Felix Zemel stated that he did confirm with the City, that the Special Permits and Variances do run with the land as long as it continues, not the petitioner. Mr. Zemel stated he confirmed this information with City Solicitors Ken Rossetti and Peter McQuillan. Mr. Pesce stated for the record that he wasn’t a fan of used car lots in Methuen and he believes that the City already has enough. Mr. Motta stated that he understands Mr. Pesce’s concerns but he believes that he Page 6 of 8 gets along with everyone and never had a problem. Mr. Pesce reiterated that he thinks the City has enough used car lots and he has nothing against the applicant personally. Mr. Pesce stated he has been on the record before with his opposition to additional used car sales lots in the City and wants to maintain consistency. He also is concerned that the Special Permit runs with the land and not the applicant, since Mr. Motta is not the owner of the land. The Chairman stated that this was a transfer of a license for used car sales, and he thinks it is out the way and not an additional license in the City. Felix Zemel confirmed that the license for used car sales is issued by the licensing board. Mr. Zemel stated what the petitioner is asking for is a Special Permit to use the new site as his used car lot. He has an existing License with the licensing Board. Mr. Motta stated that he is unsure if he needs to apply for a new auto sales license or ask for a transfer from that Board, but he doesn’t believe so. Nick Boucher asked again for the hours of operation. Mr. Motta stated M-F 9a-6p and Saturday 9a-3p, and he confirmed no repair work would be done. The Chairman opened up public participation. Linda Soucy of 10 Kirk Street came forward on behalf of Mr. Motta, in favor of the application. She said that the petitioner’s previous site was located on the street where she lives. She said the family was always very helpful and good to the neighbors. Ms. Soucy stated she believes that they have been a great business partner with Methuen Arlington Neighborhood, and she would have heard if there were any problems in the neighborhood. She also stated that cars were not over stacked and they kept a clean lot. Lynda Buote came forward stating she is a neighbor across the river and her backyard is near 60 Pine Street. Ms. Buote stated she wrote a letter with questions and that some of them have been answered. She was at the last meeting, when the Special Permit was approved for Mr. Turmel. She is concerned about any additional lighting being added that would impact their backyard and her den. Mr. Motta responded that nothing will change, and he has no plans to add any lighting. Dave DiNatale asked if that was something they could add to the approval with conditions. The Chairman stated that he is opposed at this time to making any restrictions, due to the site next door being used for evidence storing with the police department, and he would hate to restrict the ability to add lighting to make the building unsecure. No one else came forward in favor or opposition to the plan. The Chairman closed public participation. Nick Boucher questioned how many permits were already approved in this area, and if they ever had any questions or issues with lighting with those, since there are a lot of businesses at this site. There were no responses. Member Boucher asked Mr. Motta what the business was next door, and Mr. Motta responded that it was Wayne’s Auto, who has been there for years. Vincent Pesce asked why he requested 10 spots and Mr. Motta stated that was what was reasonable for the area with the ability to make a living. The Chairman called for a roll call vote to approve the Special Permit. Roll Call: David DiNatale- yes Phil Cultrera- yes Nicholas Boucher- yes Chairman Matt D’Agostino- yes Vincenzo Pesce- yes 2022-11 Peter and Patricia Melvin Page 7 of 8 A fence waiver is required from the City of Methuen Code Fence Ordinance, Chapter 9, Section 9- 89, Paragraphs B-1 and D for an 8-foot stockade PVC Vinyl Fence along the left side of the lot line, at least 20’ back from the lot line at 29 Ashford Street (Parcel ID 1014-101-25). Peter and Patricia Melvin came forward requesting a variance for a fence permit on their property. Mr. Melvin states they have been at that property for 20 years and that they have an issue with solar glare that has melted their siding. They did measurements with angles on how the siding is being melted from the solar glare and snow, with the glare coming off the neighbor’s property. With a 6-foot fence, the glare would still hit their property, which is why they are asking for an 8-foot fence. The Chairman asked what the glare is coming off of and Mr. Melvin stated it is coming off the double pane windows of their neighbor’s property, which is now vacant. They have already spent money to replace the siding, and within a couple of months it melted again. The Chairman stated he has never heard of that happening before, and Nick Boucher stated he was familiar with this situation with the low E Argon double pane glass, and it can have an affect like a magnifying glass. Mrs. Melvin stated that the pictures they provided showed the melting in the same spot. Felix Zemel states he has also heard of mulch fires starting because of the low E glass having silver that makes the sunlight bounce in ways that start fires. He said that some changes have been made to how the windows are being made to help prevent that, but these windows may have been installed during the time that those were made. Chairman D’Agostino opened public participation. No one came forward in favor or opposition to the petition. The Chairman closed public participation. Felix Zemel asked the applicants about the type of fence they plan to install (PVC) and mentioned that the fence may melt as well. Mr. Melvin stated that they have a 6-foot vinyl fence on the opposite side of the home, with the same low E grading double pane windows, and that fence has not melted at all. Vincent Pesce asked if the reflection is hitting the existing fence, and Mrs. Melvin said she believes it does. It was also brought up that they may not have the same type of windows as their neighbors. Member Pesce asked if they had any pictures to show the melting. Mr. Melvin showed a picture through the Zoom camera, and Mr. Pesce confirmed he could see the area in question. Mr. Melvin said another area melting is where the main electrical and cable connections are coming into the home. The Chairman asked if there were any additional questions. David DiNatale asked if the siding has any warrantee. Mr. Melvin confirmed that he does. Member DiNatale asked if they were sure that the reflection would be stopped with this size fence. Mr. Melvin stated that he spent a lot of time outside trying to figure out the location of the reflection and he has certainty that this will resolve the issue. Member DiNatale asked if it would be cheaper just to replace the window in his neighbor’s house. Mr. Melvin said it is happening off a series of windows. Another pair of windows melts his swimming pool winter cover every winter in one spot. Felix Zemel stated that he teaches a unit on efficiency in City Planning and he talks about this issue since it is something that is prevalent. Mrs. Melvin states that they can’t even ask the neighbors since the house has been vacant for the last 2 years. The owner died and his children have not been around, but they have no way to reach them to discuss it. Apparently, the deed of the home is in limbo, so they have not been able to sell it. The Chairman called for a vote to approve the Variance. Roll Call: David DiNatale- yes Phil Cultrera- yes Nicholas Boucher- yes Page 8 of 8 Chairman Matt D’Agostino- yes Vincenzo Pesce- yes Chairman D’Agostino reminded the Board that they are scheduled for the 4 th Wednesday of every month, and to refer to the schedule, because some months have 5 Wednesdays. ADJOURNMENT: There being no further business before the Board, Chairman D’Agostino made a motion to adjourn. Philip Cultrera seconded. Vote: Unanimous Discussion: None Chairman D’Agostino adjourned the meeting at 8:34 PM. Respectfully Submitted, Lori Moriarty HHSI Clerk III