Zoning Board

Page 1 of 6 Page 2 of 6 ROLL CALL Philip Cultrera- Yes Matthew D’Agostino- Yes Laura Walta- Yes Nichola Boucher- Yes Chairman Matthew D’Agostino called for a motion to resume open session at 7:37 PM. Laura Walta so moved. Philip Cultrera seconded. Discussion: None Vote: Unanimous ACCEPTANCE OF MINUTES  January 6,2022  January 25,2023  February 22,2023  March 29,2023  February 28,2024  March 27,2024 The Chairman called for a motion to accept the minutes. Laura Walta so moved. Philip Cultrera seconded. Discussion: None Vote: Unanimous OLD BUSINESS: 2024-05 Michelle Tellez A Variance is required under Section VI-D, of the Comprehensive Zoning Ordinance of the City of Methuen, in an RG (Residential G) Zone for an Addition to the Rear of the existing Dwelling (that is under construction without the benefit of a Building Permit). The Addition will be too close to Left-Side Setback (12.2 ft. required is 15.0 ft.) and Rear Setback (17.5 ft required is 20.0 ft.) and Covering over the Maximum Lot Coverage of 25% (1335 sf. allowed & 1448.95 sf. proposed). Also, to Clarify existing Setbacks for Front & Left Side of Dwelling and Right Side & Rear of Garage at, 18 NORGATE RD, METHUEN MA 01844 (PARCEL ID: 17206-229). Michelle Tellez came to the podium and stated that they just came in from the airport, and she has the plot plans, but not the construction plan. She wants to move forward, although she apologized for not being prepared. She handed the Board members the new plot plan to review. Mrs. Tellez stated that the change on the new plot plan is 2 feet shorter on the left side. Nick Boucher stated that the plans being provided are not stamped architect plans. The Page 3 of 6 Chairman stated that the copy he had was stamped. The Chairman entertained a motion to accept the new plans. Philip Cultrera so moved. Laura Walta seconded. Discussion: None Vote: Unanimous Michelle Tellez stated that they reduced the plan to 2 feet on the left side, and keeping the rear setback the same at 17.5 feet. Gene Walsh stated that the side setback is increased from original plan 12.2-14.2, and that the left rear corner changes from a 17.5 ft setback to closer to 18.5 ft, due to the skewed structure on the property. The Chairman asked Gene Walsh if he has been to the residence and if he is satisfied with what he is seeing. Mr. Walsh stated that he spoke with Marcos Devers, the engineer and there isn’t anything that can’t be inspected with the changes they are making. The Chairman asked Mr. Walsh if he was satisfied with the footings and Gene Walsh said that he was. The Chairman opened public participation. No one came forward in favor or opposition. The Chairman closed public participation. The Chairman asked the Board if they had any questions. Nick Boucher stated that there was ample time to have the documents brought forward ahead of the meeting, so the Board had a chance to digest the information. Laura Walta also agreed that she would like the ability to review new plans ahead of time, and not in the moment. Gene Walsh stated that he met with the engineer and it is not the applicant that held up the plans, but it was the engineer who was slow in getting new plans. Mr. Walsh also stated that there was going to be a lot of work to get the plans updated with information from the engineer. Gene Walsh stated that he feels confident that they are going to meet the Building code compliance, and that an approval on the site plan tonight would hold them to that 2-foot reduction to the left side. Nick Boucher stated he wanted it on the record that this is not the normal process and he is more comfortable voting on this, with the ability to digest the new information. Laura Walta stated that she appreciates Gene Walsh’s presence, and his reassurance that the work will be done to compliance. Ms. Walta also stated that she wishes not to have to make decisions this way, but is confident in the assurance with Gene Walsh’s direction. Laura Walta also wanted to make sure the applicants are aware that they really want plans ahead of time. Nick Boucher also brought up the point that a permit was not taken out prior to work starting on the addition. Chairman D’Agostino stated that because there are only 4 members, the application would need a unanimous vote, where normally they can have one dissenting vote, when there is a Board of 5 members present. The Chairman asked the applicant if they would like to ask for another continuance based on that fact, and to come back next month better prepared. Page 4 of 6 Michelle Tellez asked the Board for a continuance to be better prepared with the plans they requested. The Chairman entertained a motion to continue the petition to the next Zoning Board Meeting. Laura Walta so moved. Philip Cultrera seconded. The homeowner’s husband came forward and stated he knows he made a mistake. He said that is because he has a special child. He further stated his reasoning to build this addition is for his child, to give him more room. He also stated he has been building houses for 20 years, and he knows his structures are safe. Nick Boucher responded that he respects the homeowner’s situation and recognizes he is working with Gene Walsh to get these mistakes fixed. Mr. Boucher asked that they come prepared with stamped plans for each of the Board members, ahead of the next meeting. The Chairman stated it is not the Board’s issue that the engineer is delayed with providing plans, and confirmed that the Board would like to see a full set of plans before the next meeting, so they can make an intelligent vote, since this is a complex issue based on the way it started. Laura Walta stated she needs the applicants to understand what they need, in order to make informed decisions, that are good decisions. The Chairman also stated what they do here sets a precedent, and it is hard for people to understand that each petition is a case by case decision. The Chairman called for a vote to continue, which was Unanimous. NEW BUSINESS 2024-06 Cafua Realty Trust XXV & Cafua Realty Trust XCIX LLC A Special Permit is required under Section V-D in a BH (Business Highway) Zone of the City of Methuen Comprehensive Zoning Ordinance, for a Restaurant at 477-479 Broadway, Methuen MA (Parcel ID: 610-58-4 & 610-58-5) Attorney Arthur Broadhurst came forward representing the petitioner. He stated the petitioner is looking for a Special Permit to build a 2100 square foot coffee shop, in a BH District. They need a Special Permit due to the number of seats. Attorney Broadhurst stated that they have met with Community Development already for the drive thru, and further stated that this plan has changed from one they had presented several years ago before the Board, after feedback from neighbors, Community Development and the Zoning Board. They are no longer looking for a variance, and have reduced the size of the footprint. There is a 30 ft buffer in the rear and there will be a 6-foot privacy fence, leaving existing vegetation. There will be plantings on either side of the site, and they are working with Community Development to see if there are any further buffers and plantings needed. Mr. Broadhurst said that there is a dentist on one side, and a commercial building on the other, with residential in the rear. He also stated that there is plenty of parking (20 spaces) and there should not be any issues with traffic. They are currently working with DOT for entrances and exits. Nick Boucher stated it is a much better plan that previous one they had provided, and further stated it was still a unique site. Mr. Boucher asked what the hours of operation Page 5 of 6 would be. Attorney Broadhurst stated he believed the hours would be the standard for all the Dunkin locations, which is 5:30am-11:00pm. Attorney Broadhurst confirmed it would be the same hours for indoor and drive thru service. Attorney Broadhurst stated that a lighting plan was also submitted to Community Development, to show there would be no impact to the residential properties. The Chairman asked if the signage would comply with ordinances, and Mr. Broadhurst confirmed that it does. The Board asked if the Dunkin location across the street would be closing and Attorney Broadhurst confirmed that they are going to close that site. The Chairman opened public participation. No one came forward in favor or opposition to the petition. The Chairman closed public participation. Laura Walta asked if there would be one entrance and one exit. Attorney Broadhurst confirmed that was correct. He stated that there was a plan submitted to the Department of Transportation, with one-way traffic in and one-way traffic out. This was there recommendation. Philip Cultrera asked if there were any considerations for the traffic lights further up the road. Attorney Broadhurst stated that a traffic study was submitted to the Planning Board and they are still working on that with them. Nick Boucher asked about the 20x20 patio on the plan, and if that was intended to be used as outside seating. Attorney Broadhurst stated that it was something that they plan to use for picnic tables. Nick Boucher stated that he had concerns about having outdoor seating available until 11pm at night. Matthew D’Agostino stated that the Board could make conditions on that outdoor space with regards to the hours. Nick Boucher asked about the possibility of a double drive thru. Christopher Tymula with GPI, Professional Engineer, came forward to answer the Board’s questions. He stated they are looking at a double drive thru, on another site, but not this one. Mr. Tymula informed the Board that a double drive thru would push further to the rear of property and reduce the buffer zone. They are trying to keep that buffer zone, which was part of the request from the last time they were before the Board. Mr. Tymula stated that 8-10 car ability is recommendation for stacking, and with this plan they can accommodate 14, and in addition they have a bypass lane. Chairman D’Agostino asked if Dunkin’s sites have 2 lane drive up. Mr. Tymula stated that there is only 1 site in last 20 years that he worked on, that had a double drive thru. This site is a one window configuration only. The Chairman stated he doesn’t see any issues at this location, with this plan. The Chairman also mentioned that the Cafua family’s reputation is high with the Dunkin sites that they have taken over and cleaned up. Chairman D’Agostino stated that this plan is really what the Board requested, when the applicant previously came before them before. They wanted a buffer zone to the residential properties. Since the changes, only a Special Permit is needed. There are no longer any variance requests for the project. Nick Boucher asked, and it was confirmed, if the Dunkin’s site across the street is being closed. Page 6 of 6 Laura Walta asked the applicant about outside seating. Ms. Walta stated that she wants them to have access to late night people, but is concerned about the seating being used late night. Ms. Walta asked about outside lighting being removed or changed so that it doesn’t encourage people hanging out. Mr. Tymula stated that Cafua wants to be a good neighbor, but if they reduced the light level, it might cause other issues with it being too low. He pointed out the patio area on the plan, to provide outdoor seating. Chairman D’Agostino stated he would like to put time restrictions on the outside seating. The Chairman made a motion for a condition that the outdoor patio closes at 8:00 PM. Laura Walta seconded. Discussion: None Vote: Unanimous Laura Walta asked for confirmation of hours. Attorney Broadhurst confirmed 5:30a- 11pm 7 days a week. Laura Walta made a motion for condition of hours of operation to 5:30a-11pm 7 days a week. Philip Cultrera seconded. Discussion: None Vote: Unanimous Nick Boucher asked if the exit is a right turn only. Christopher Tymula stated that DOT is still looking at this and it is subject to Mass DOT. Chairman D’Agostino stated that he would rather have this worked out with the town and the police department. Chairman D’Agostino called for a motion to accept the Special permit with conditions. ROLL CALL Mr. Matthew D’Agostino, Chairman- yes with conditions Ms. Laura Walta, Vice Chairman- yes with conditions Mr. Nicholas Boucher- yes with conditions Mr. Phil Cultrera- yes with conditions ADJOURNMENT: There being no further business before the Board, Laura Walta made a motion to adjourn. Philip Cultrera seconded. Discussion: None Vote: Unanimous Chairman D’Agostino adjourned the meeting 8:18 PM. Respectfully Submitted, Lori Moriarty City Clerk III HHSI