Zoning Board of Appeals

Zoning Board of Appeals - 7.9.2024

Updated 9 days ago

Zoning Board of Appeals Meeting - 7.9.2024

The Fitchburg Zoning Board of Appeals meeting on July 12, 2022, covers a range of special permit applications and zoning issues. The board reviews applications for converting properties to two-family residences, addressing concerns about structural integrity and parking provisions. They discuss compliance with zoning regulations and work with applicants to ensure projects meet city standards. The board emphasizes the importance of maintaining safety and community standards while considering the economic and social benefits of proposed developments. The meeting also touches on procedural matters and the challenges faced by applicants in navigating the zoning process.

File Attachments:

Zoning Board Meeting Agenda 7.9.24 (pdf, 213 KB, opens in new window/tab)

Chapters

Call to Order (00:00:11)
The meeting is called to order and attendees are advised of the recording for public broadcast.

The meeting is officially called to order. Attendees are informed that FATV is recording the session for public broadcast. Those recording the meeting are asked to identify themselves.
Pledge of Allegiance (00:00:50)
The meeting begins with the Pledge of Allegiance, led by Mr. McLaughlin.

Attendees stand to recite the Pledge of Allegiance, led by Mr. McLaughlin. This marks the formal opening of the meeting.
Review of Special Permit - Industrial Storage Facility (00:02:09)
A review of the special permit for an industrial storage facility is conducted with updates on construction progress.

Mr. Mark Brito provides an update on the construction status of an industrial storage facility, granted under a special permit. He details the challenges faced, including unexpected material findings and delays in footing installation, and outlines the progress made and estimated completion timeline.
Public Comment on Industrial Storage Facility (00:10:12)
Public comments are invited regarding the review of the industrial storage facility and special permit conditions.

The board opens the floor for public comments regarding the industrial storage facility and the conditions of its special permit. A building commissioner provides additional updates on the permitting process.
Review of Special Permit - Convenience Store (00:18:34)
The status of the special permit for a convenience store is reviewed, focusing on progress and challenges.

Mr. Gobrial updates the board on the status of the convenience store, highlighting family issues and staffing challenges that have delayed progress. The board discusses the importance of the store for local students and outlines the conditions required for the permit.
Public Comment on Convenience Store (00:24:02)
Public comments are invited regarding the review and continuation of the convenience store's special permit.

The board invites public comments on the convenience store permit. A former owner of the premises speaks in support of the convenience store, emphasizing its importance to the local community.
Review of Special Permit - Community Building (00:27:15)
A detailed review of the community building's special permit is conducted with updates on construction and compliance.

Updates are provided on the progress of constructing a community building, focusing on challenges such as ledge removal and compliance with permit conditions. The applicant requests permission to expedite construction by using hammering techniques.
Discussion on Site Cutting and Excavation Issues (00:33:44)
Discussion on the progress and issues related to the cutting and excavation at the site, including delays due to equipment breakdowns and the need for additional cuts.

The meeting starts with a detailed discussion on the ongoing cutting and excavation activities at the project site. The speaker explains the delays caused by a generator breakdown and the multiple days required for the cutting process. They also describe the process of cutting, removing with an excavator, and the challenges faced in bringing down outcroppings to the required levels.
Conditions and Compliance Review (00:37:11)
Review of the conditions set for the project, ensuring compliance with no blasting, rock hammering, or earth removal, and verification of other project conditions.

The board reviews various conditions imposed on the project, such as no blasting, rock hammering, or rock crushing, and checks compliance with earth removal and construction conditions. The discussion includes dust mitigation, public nuisance prevention, and maintaining clean construction sites. There is also a focus on construction hours and ensuring compliance with the set conditions.
Discussion on Storm Water and Drainage Issues (00:44:49)
Discussion on complaints and ongoing issues related to storm water drainage, with confirmation of continued monitoring and assessment by engineers.

The board discusses ongoing complaints about storm water drainage at the project site. The commissioner acknowledges receipt of complaints and details the efforts made to address them with the engineering department. The discussion emphasizes the importance of monitoring the drainage system's performance, especially after significant rainstorms, to ensure proper functionality.
Public Comment on Blasting and Hammering (00:46:19)
Public comments are made regarding concerns about potential blasting and rock hammering, urging the council to keep promises made to residents.

The public comment section opens with residents expressing concerns about the possibility of blasting and rock hammering. Counselor Fleming and other residents urge the council to adhere to promises of no further blasting or hammering, citing past assurances and the desire for a peaceful community environment.
Recreational Building Completion and Project Progress (00:58:48)
Discussion on the status and timeline for completing the recreational building and the overall project, with concerns about delays and meeting deadlines.

The board discusses the timeline for completing the recreational building, expressing concerns about delays and the focus on completing residential units over the recreational facility. The project manager explains the challenges faced, including permit delays and construction complexities, while assuring the board of ongoing efforts to meet project deadlines.
Discussion on Permit Issuance and Certificate of Occupancy (01:07:12)
The board discusses the process of issuing permits and certificates of occupancy, including communication challenges and project timelines.

The meeting begins with a discussion on the expedited process of permit issuance, focusing on communication between board members and permit applicants. Multiple board members express concerns about the time taken for project sign-offs and the completion of plans. The discussion also highlights the importance of coordination between engineers, architects, and the board. A specific case involving Felix, who has been diligent in returning calls and emails, is discussed. The board concludes with plans to close the review hearing.
Review of Special Permit Conditions (01:25:44)
The board reviews conditions of a special permit related to an auto repair shop in the downtown business district, considering modifications to parking and traffic flow.

The board reconvenes after a recess to review a special permit under a specific section, concerning an auto repair shop in the downtown business district. The permit holder is absent, having requested a continuance due to being on vacation. The board discusses the need for modifications to existing parking arrangements and traffic flow to comply with new downtown designs. There is an emphasis on the importance of dialogue between the board and the permit holder to clarify responsibilities regarding signage and curb cuts.
Review of Residential Special Permit (01:30:05)
The board discusses the progress of a residential project, focusing on the completion of conditions for a special permit and issues with utilities.

The board reviews a special permit concerning the conversion of a nonconforming use to a two-family residential use. The permit holder is present and explains the delays due to contractor issues and family obligations. The board is concerned about allegations of electrical theft and emphasizes the need for proper resolution. There is a discussion about the incomplete conditions, such as the removal of specific structures and the issuance of certificates of occupancy. The board decides to continue the review to a future meeting, allowing remote participation for the permit holder.
Discussion of Construction Progress and Loan Status (01:52:12)
Discussion about the challenges in obtaining a construction loan, dealing with parking lot maintenance, and the potential sale of the building if financing falls through.

The discussion began with the challenges faced by the speaker in obtaining a construction loan to expedite the project. The speaker mentioned the ongoing issues with fireworks in the parking lot and the cleanup efforts. There was also mention of a trailer with a broken axle and plans for siding. The speaker had obtained plans for flower planter boxes as requested. The discussion also covered the possibility of selling the building to a local church if the loan does not materialize, which would prevent the building from sitting vacant for too long.
Building Permit and Zoning Compliance Issues (01:54:06)
Discussion focused on delays in receiving the building permit due to additional paperwork required by the zoning board and plans for an onsite visit to review plans.

The speaker received the building permit in July after a six-month delay due to additional paperwork required by the zoning board. There was a planned onsite visit to review paving and landscaping plans, which did not occur due to the speaker's vacation and other commitments. The speaker emphasized the importance of timing and expressed the intention to invite the board for a visit when there is progress to show.
Special Permit and Construction Timeline Concerns (01:58:01)
Concerns about the ability to move forward with renovations due to financial constraints and market conditions, with a discussion on whether to hold or revoke the special permit.

The board expressed concerns about the speaker's ability to move forward with the renovation project due to financial constraints and changes in the housing market. The speaker requested to hold the special permit while trying to secure a construction loan, which would allow them to move forward quickly. The board discussed the possibility of revoking the permit if no progress is made by October.
Public Comments and Board Questions (02:00:22)
Public comments and questions from the board focused on the use of the parking lot and the timeline for funding and project completion.

The public comments session involved questions about the use of the parking lot and whether it was being used as a contractor's yard. The speaker explained the strategic use of the parking lot to deter theft. The board also inquired about the timeline for securing funding and completing the construction project.
Motion for Continuance (02:04:00)
A motion was made to continue the case until October, allowing time to resolve financing issues and decide on the special permit's future.

The board discussed the motion to continue the case until October, which would give the speaker time to resolve financing issues and determine the future of the special permit. The motion was made and seconded, with all in favor.
Property Sale and Certificate of Occupancy Discussion (02:07:00)
Discussion of compliance with special permit conditions for property sale and the issuance of a certificate of occupancy prior to closing.

The discussion focused on compliance with the conditions of a special permit for a property being sold. The board reviewed compliance with various conditions, such as roof replacement and parking provisions. The property was under agreement for sale to a family, and the board considered issuing a certificate of occupancy, noting the satisfactory completion of the project.
Public Hearing on Conversion of Property Use (02:22:00)
Discussion on converting a preexisting non-conforming property from a barbershop to a single family home requiring a special permit.

The meeting included a detailed discussion on converting a preexisting non-conforming property from a barbershop to a single family home. The property owner, Mr. Farini, was informed by the building commissioner that a special permit was required for the conversion due to zoning regulations. The building commissioner explained the necessity of obtaining building, gas, and wiring permits as well as a certificate of occupancy. Mr. Farini's situation was discussed, including his current residence in the property and the need for compliance with building codes. The board members asked questions about the proposed changes to the property's facade to make it fit the residential neighborhood better.
Board Member Comments and Deliberations (02:34:00)
Board members shared thoughts on the property conversion, with a focus on compliance and neighborhood impact.

Board members shared their thoughts on Mr. Farini's proposed conversion of the barbershop to a single-family home. Some members expressed support for the change, noting it would fit better in the residential neighborhood and potentially reduce traffic. Concerns were raised about compliance with building codes and the need for a special permit. Board member Mr. Burn expressed his disapproval of the process followed by Mr. Farini but acknowledged his personal understanding of the situation.
Vote on Special Permit for Property Conversion (02:48:02)
The board voted on granting the special permit for converting the barbershop to a single family home, with conditions for facade improvements.

The board voted on whether to grant the special permit for Mr. Farini's property conversion. Conditions were suggested for improving the building's facade to match the residential area. The motion passed with four votes in favor and one against. Mr. Burn voted against it, citing concerns about the process and compliance with regulations.
Continuation of Request for Special Permit on Elm Street (02:53:26)
A continued request to convert a vacant non-conforming mixed-use structure to a duplex in a residential area was discussed.

The board continued discussions on a request to convert a vacant non-conforming mixed-use structure on Elm Street to a duplex. The applicant, Mr. Nadella Antonio, had previously been before the board for this project. The board acknowledged the complexity of the situation and the applicant's handling of multiple projects.
Public Hearing on Property Development (02:55:19)
Discussion on proposed development of a property into a two-family dwelling, addressing previous building collapse and safety concerns.

The meeting addressed a proposed development to convert a property, previously a sauna and cabinet shop, into a two-family dwelling. The owner explained changes to the property, including parking arrangements and building plans. The board raised concerns about the condition of the existing foundation and the need for proper renovation standards.
Board Comments and Concerns (03:11:06)
Board members expressed concerns about the foundation's condition, lack of setbacks, and overall project feasibility.

Board members discussed the feasibility of the proposed project, focusing on the compromised condition of the existing foundation. Concerns were raised about the lack of setbacks and the overall suitability of the project for the neighborhood. The board emphasized the importance of high-quality construction.
Public Participation (03:11:15)
No public participation was recorded during this agenda item.

The chair asked if there were any participants online or present wishing to speak for or against the proposal. No public comments were recorded.
Board Vote Indication (03:22:15)
Board members indicated their stance on the proposed plan, with most members unfavorably inclined.

The board took an informal indication of their stance on the proposed plan for the property development. The majority of board members expressed an unfavorable view of the current plan, citing issues with the foundation and design.
Options for Applicant (03:23:17)
The applicant was presented with options to withdraw or modify the plan due to unfavorable board inclination.

The board chair presented the applicant with options for proceeding after receiving an unfavorable indication from the board. The applicant could request to withdraw the application without prejudice or submit a modified plan for consideration.
Public Comments on Construction Project (03:24:59)
Discussion on the requirements and issues related to a construction project, including parking and zoning.

The meeting included a detailed discussion from a member of the public or a petitioner about a construction project. The individual believed they had met all requirements for the project, including parking provisions. They expressed frustration over the need for a continuance and mentioned the potential involvement of a lawyer if necessary. The discussion covered issues around the building's foundation, zoning, and the possibility of a two-family dwelling.
Zoning and Building Regulations Discussion (03:29:00)
Clarification on zoning regulations and the possibility of constructing a two-family dwelling.

There was a detailed explanation of the zoning regulations related to the project. The discussion clarified that the building was pre-existing and non-conforming, not meeting lot setbacks or size. The board indicated that a two-family dwelling could be looked upon favorably, but the current design was not acceptable. The petitioner was advised to consult with a zoning attorney or the building commissioner for further options.
Motion for Continuance (03:31:28)
A motion was made to continue the discussion to a future meeting date in October.

A motion was proposed and passed to continue the discussion on the construction project to October 8th. The petitioner was advised to explore options and potentially revise plans before this meeting. The board assured patience as the matter would be addressed towards the end of the meeting agenda.
Adjournment (03:32:48)
The meeting was adjourned after all items were addressed.

The meeting concluded with a motion to adjourn, which was seconded and passed. The board thanked participants and apologized for the lateness of the meeting. The meeting was officially adjourned.