BOARD OF APPEALS CITY OF EVERETT, MASSACHUSETTS MINUTES FOR MAY 2 ND, 2016

Transcription

1 Audio Tape Recorded Petition #2274 Nicola Sasso Re: 1 Newbury St., Everett, MA BOARD OF APPEALS CITY OF EVERETT, MASSACHUSETTS MINUTES FOR MAY 2 ND, 2016 Pursuant to notice duly given a meeting of the Board of Appeals was held in the George Keverian Room, City Hall, Everett, MA, on Monday, May 2 nd, 2016 at 7:00 P.M. Those members present were: Joseph DeSisto, III Chairman, John Christoforo, Michael Dantone, Richard Zullo, Roger Thistle, Alternate Member, and Mary Gerace, Alternate Member, being all of the Board and a quorum for the transaction of business. Chairman Joseph DeSisto, III presided at the meeting and the Clerk, Kimberly Rauseo, kept the minutes of the meeting. A public hearing was granted to the Nicola Sasso, 59 Hancock Street, Everett, MA regarding 1 Newbury Street, Everett, who petitioned the Board for a Variance/Special Permit of the Building Zone Ordinance of the City, as applied: Applicant seeks a permit to construct a second story addition over the existing non-conforming garage which is bifurcated by the Business and Dwelling District line. The proposed second story addition will contain two (2) dwelling units. 1. The proposed second story addition will increase the nonconforming nature of the existing structure. Relief must be requested in the form of a special permit from the Board of Appeals pursuant to the City of Everett Zoning Ordinances, APPENDIX A Section 3(3) requiring a finding by the Zoning Board of Appeals that such extension, alteration or change of use shall not be substantially more detrimental to the neighborhood than the existing non-conforming use or structure. 2. The construction of two (2) dwelling units within the Business District violates City of Everett Zoning Ordinances, APPENDIX A Section 3 paragraph (16) which prohibits up to three (3) dwelling units to be located within a Business District except by the grant of a Special Permit by the Zoning Board of Appeals.

2 3. City of Everett Zoning Ordinances Section 17 paragraph (C) requires a substantial alteration or change of use to provide a plan for parking showing location and size of the off street parking facilities in accordance with Section 17 Paragraph (A). The alteration of use to a two family residence would require the addition of four (4) parking spaces. No plan for parking has been provided for the proposed alteration therefore relief in the form of a variance from the parking requirement is required from the Zoning Board of Appeals. 4. City of Everett Zoning Ordinance Appendix A: section 3 (13) requires Any lot, which is to be occupied for residential purpose shall have a frontage of at least twenty (20) feet wide on one or more streets and there shall be not more than one (1) structure of the type permitted for each such lot. The applicant proposed two structures on a single lot and therefore must seek relief in the form of a variance by the Zoning board of Appeals. VIOLATION: Permit was denied in accordance to the City of Everett Zoning Ordinance Appendix A. Chair would entertain a motion to take petition 2274 off the table. Michael Dantone I would like to make a motion to take 2274 off the table and John Christoforo seconded the motion. The Petitioner, Nicola Sasso, and spoke on his own behalf. He has requested his petition to be tabled until Monday, June 6, Joseph DeSisto I spoke with your attorney, Paul Delory, he stated that he is away and he is also requesting this to be tabled. Chair would entertain a motion. Michael Dantone made a motion to table petition #2274 until the first hearing in June 2016, John Christoforo seconded the motion. Joseph DeSisto there has been a motion to table 2274 on the table until our next meeting in June. All In Favor 5 yas 0 nays Petition has been tabled until June 6, Kimberly Rauseo, Clerk Audio Tape Recorded

3 Petition #2285 Everett Property, LLC Re: 3 Charlton Street, Everett, MA BOARD OF APPEALS CITY OF EVERETT, MASSACHUSETTS MINUTES FOR MAY 2 ND, 2016 Pursuant to notice duly given a meeting of the Board of Appeals was held in the George Keverian Room, City Hall, Everett, MA, on Monday, May 2 nd, 2016 at 7:00 P.M. Those members present were: Joseph DeSisto, III Chairman, John Christoforo, Michael Dantone, Richard Zullo, Roger Thistle, Alternate Member, and Mary Gerace, Alternate Member, being all of the Board and a quorum for the transaction of business. Chairman Joseph DeSisto, III presided at the meeting and the Clerk, Kimberly Rauseo, kept the minutes of the meeting. A public hearing was granted to Everett Property, LLC, 101 Station Landing, Medford, MA (RE: 3 Charlton Street, Everett, MA 02149), who petitioned the Board for a Special Permit of the Building Zone Ordinance of the City, as applied: Applicant seeks to raze the existing single story warehouse/storage facility and construct a new single story warehouse/storage facility within the Lower Broadway Waterfront Mixed Used District. The current zoning in the district requires a minimum three (3) story structure. 1. Everett Zoning Ordinances Appendix A Section 30 9B allows for an existing nonconforming structure to be extended or altered only upon the grant of a special permit by the Zoning Board of Appeals after a public hearing and a finding that such extension or alteration not be substantially more detrimental to the to the neighborhood than the existing nonconforming structure. VIOLATION: Permit was denied in accordance to the City of Everett Zoning Ordinances Appendix A Section 30 9B. The petitioner was present and Chris Gordon, Everett Properties, LLC, also the same as Wynn Resorts Organization, spoke on their behalf. This is a property we bought to replace storage building on it, it currently has a Hodge podge dilapidated storage buildings on building we are going to tear down replace with

4 new storage building and small office space which will come before the Planning Board as separate project there is a minimum height in zone not maximum height, to keep building the height it is now, otherwise we would have to make it taller, there is a 3 story minimum in zoning we don t not need a 3 story storage building it would be a 1 story storage building which is all we need and it would be better for the residents. IN FAVOR Michael McLaughlin 9 Baldwin Place, Everett I am in favor of this, make it more of an eye pleaser place, I did have some concerns but they were addressed by the Wynn Group as they always are, I am in favor. OPPOSED NONE QUESTIONS FROM THE BOARD Michael Dantone What will be stored in this building? Response Long Term equipment, seasonal stuff, lawnmowers, also used for small office space for engineers that will be working in there. Michael Dantone moved for favorable action and John Christoforo seconded that motion. Joseph DeSisto. There has been a motion for favorable action and it has been seconded is there any further discussion? ROLL CALL John Chistoforo Richard Zullo Michael Dantone Mary Gerace Joseph DeSisto PETITION: GRANTED Kimberly Rauseo, Clerk Audio Tape Recorded

5 Petition #2284 Ivany Sousa Re: 103 Mt. Washington Street, Everett, MA BOARD OF APPEALS CITY OF EVERETT, MASSACHUSETTS MINUTES FOR MAY 2 ND, 2016 Pursuant to notice duly given a meeting of the Board of Appeals was held in the George Keverian Room, City Hall, Everett, MA, on Monday, May 2 nd, 2016 at 7:00 P.M. Those members present were: Joseph DeSisto, III Chairman, John Christoforo, Michael Dantone, Richard Zullo, Roger Thistle, Alternate Member, and Mary Gerace, Alternate Member, being all of the Board and a quorum for the transaction of business. Chairman Joseph DeSisto, III presided at the meeting and the Clerk, Kimberly Rauseo, kept the minutes of the meeting. A public hearing was granted to Ivany Sousa, 103 Mt. Washington Ave., Everett, MA (RE: 103 Mt. Washington Ave., Everett, MA 02149), who petitioned the Board for a Variance of the Building Zone Ordinance of the City, as applied: Applicant proposes to construct a twenty one (21) foot by thirteen (13) addition of the rear (south east) side of the single family dwelling. 1. City of Everett Zoning Ordinance Appendix A: Section 4(b)(7) requires minimum rear yard setback of 25. The proposed setback of 21.0 requires relief in the form of a Variance of The petitioner, Ivany Sousa, was present and his wife, Carmela, spoke on his behalf. We would like to make an addition for our family room we just brought property we are short 3 feet 11 inches, just to make it a little bigger. IN FAVOR Carmela Sousa 103 Mt. Washington St., Everett - We would like to have a family room for relatives visiting. Chris Rebella 223 Elm St, Everett Want bigger room, fit more games into room for extra space.

6 David Leray Garland St, Everett - An abutter behind them they have made improvements on property and I a support this. 101 Chestnut St., Everett It is a good idea, it is a big family. Julie Sousa Everett They have a big family I think it is a good idea. OPPOSED NONE QUESTIONS FROM THE BOARD Richard Zullo So it is one big room there is no possibility of this being a bedroom it the future? The main concern is making this a bedroom. If we gave this to you would you promise us you would not rent this room out? Response No sir, 100% we would give you our word. Michael Dantone moved for favorable action and John Christoforo seconded that motion. Joseph DeSisto. There has been a motion for favorable action and it has been seconded is there any further discussion? ROLL CALL John Chistoforo Richard Zullo Michael Dantone Roger Thistle Joseph DeSisto PETITION: GRANTED Kimberly Rauseo, Clerk Audio Tape Recorded Petition #2283 Franz Eberth Re: Main Street, Everett, MA

7 BOARD OF APPEALS CITY OF EVERETT, MASSACHUSETTS MINUTES FOR MAY 2 ND, 2016 Pursuant to notice duly given a meeting of the Board of Appeals was held in the George Keverian Room, City Hall, Everett, MA, on Monday, May 2 nd, 2016 at 7:00 P.M. Those members present were: Joseph DeSisto, III Chairman, John Christoforo, Michael Dantone, Richard Zullo, Roger Thistle, Alternate Member, and Mary Gerace, Alternate Member, being all of the Board and a quorum for the transaction of business. Chairman Joseph DeSisto, III presided at the meeting and the Clerk, Kimberly Rauseo, kept the minutes of the meeting. A public hearing was granted to Franz Eberth, 3 Williams Street, Everett, MA (RE: Main Street, Everett, MA 02149), who petitioned the Board for a Variance of the Building Zone Ordinance of the City, as applied: Applicant is seeking a permit to change the existing business use and install a proposed Check Cashing Establishment use at the above mentioned property located within the Business District. 2. Section 6: Business Districts (A) Uses: a Check Cashing Establishment use as defined within the Adult Entertainment Land Use of Section 21A of the City of Everett Zoning Appendix A is not allowed by right in the Business District. a. The applicant must seek a use variance from the Zoning Board of Appeals to allow the proposed Check Cashing Establishment use with the Business District. 3. Section 21A Adult Entertainment Land Use Section (C) Adult Use Restrictions: 1. Adult Bookstores, Adult Clubs, Adult Theaters, Adult Video Stores, Fortune Tellers and Adult Paraphernalia Stores, Pawn Shops, Body Piercing Studios, Check Cashing Establishments, Tattoo Studios and Gun shop may not be located: a. Within one thousand (1,000) feet of each other;

8 b. Within five hundred (500) feet of the nearest lot line of: i. A Residential District, or ii. A place of worship or a building used for religious purposes unless the Board of Appeals firs determines in writing that the use will not be detrimental to the spiritual activities; c. Within one thousand (1,000) feet of a non-profit educational use, library or museum; d. Within one thousand (1,000) feet of a park or playground; or e. Within one thousand (1,000) feet of any establishment licensed under the provisions of Section 12 of Chapter 138 of the General Laws. The proposed location of the Check Cashing Establishment violates the aforementioned dimensional regulations as follows: 1. Proposed use is located within 1,000 ft. of a playground on Tremont St. 2. Proposed use is located within 500 ft. of a Residential District. 3. Proposed use is located within 1,000 ft. of an establishment licensed under MGL 138 Section 12 (a bar and club). The applicant must seek relief in the form of dimensional variances to allow the proposed use to exist within the area limitation. Violation: Permit was denied in accordance with the City of Everett Zoning Ordinance Appendix A. Roger Thistle excused himself from this petition. The petitioner, Franz Eberth, was present and his attorney, Anthony Rossi, spoke on his own behalf. We had a neighborhood meeting several weeks ago sent letters to all abutters, elected officials were present at Orsogno Plaza. Showing pictures of building, it is currently a barber shop, my client owns building and intends to renovate entire building including siding, it is called Family Financial Centers, and this was all present at neighborhood meeting. My client controls 600 types of ATM services throughout Massachusetts, it is going to look like bank, the do not do deposits, they do notary, atm, money orders, check cashing, pay utilities, faxes. It does everything a bank does except deposits. He wants to be in neighborhood for elderly, young people, it is a one stop place. The reason why this matter came to this board for relief, It is a matter of feet in some areas this falls into adult zoning district this type of business. That s why there are all these restrictions. You can open this type of business it is regulated by state banking commission, everything is done through state. When I met with neighborhood we listened to concerns some concerns were robbery, these are bulletproof, safer than a bank would be, on outside and inside offer ATM

9 services, so 24 hours a day. I had a few people with concerns regarding the exterior ATM, but it doesn t need to be done, but most people wanted to see it. Some people had concerns for safety. It is a lot pleasing to the eye than what is there now with barber shop. An abutter behind had concern if bullet would go straight ahead and concerns in the air, everything was addressed. It is more of convenient establishment. He has no violations. There is not anything that we can do it is a matter of feet from a school. I will entertain any questions. IN FAVOR Michael McLaughlin 9 Baldwin Pl, Everett, I know Franz, I know the businesses he runs, he would not do something that he did not believe in. He is here more than most residents. I have a friend that owns one of these in Medford, an employee for 11 years she stated never having an issue, she feels safe, bulletproof glass the same. I did hear concerns of residents, I applaud Franz for having the neighborhood meeting. I believe it would be more of a positive for neighborhood than what is there now. I am 100% supportive of this. Joseph Devito Main St., Everett, property abuts my property. I am supportive with some restrictions, I would like to see business hours and I am not in favor of the ATM on Main Street. The barber shop has been a nuisance. I am in favor of this petition. David Leray 134 Garland St., Everett, I just want to see new business come into city I don t like vacant stores. Rich Dellisola 13 Griswold St., Everett I am speaking on behalf of my parents who live on Prescott Street. I heard about check cashing plan didn t know who was going to run it I know Franz I am not here to push any decisions, but if you see what is there right for barber shop 3 or 4 barbers with cars, customers with cars to get haircut. I went to the one on the parkway to speak with the manager, I went to police station there are not any violations and not any complaints of any robberies. I feel confident of it being on main street. I think this would be great. Ken Struther 12 Everett St., Everett, I abut property, through years that he has owned it any issues I have had he has taken care of it. Parking issues have been addressed, I am not against this, gun shot was my concern but I think everything has been dealt with and I am pleased with it. OPPOSED Terry Williams Main Street, Everett, I never heard anything about a neighborhood meeting, my family has lived there for 118 years. I strongly

10 object to the placement of check cashing at this location. I have a number of reasons, parking is the first, barber shop has caused my family continued problems customers are always blocking my driveway, 9 out of 10 times they are found in barber shop, we have let the barber shop know. We have problems with all the businesses around that area, this will be more of a problem for parking. We ve even called the Everett Police due to this problem. The most important is allowing the requested variance would change the use to section 21a adult entertainment land use, this will impact the area and deflate resale values of our property. It violates the city codes therefore you have grounds to refuse the variance. Please deny the variance. Thank you. Leo Pannono Linden St., Everett It is in violation what if you give them a variance and after they put in a strip club, a gun shop. I am not opposing to the business it does not belong if violating the adult entertainment. Joseph DeSisto We are only concerned about Family Financial Center. Richard Zullo Mr. Soper the use before was a barber shop, is it allowed in that zone? James Soper Joseph DeSisto It was once a candy store, Roma Spa. James Soper It needs a variance because it specifically designated as a adult entertainment use. Sometimes it is approved by the council, if it is outside the business limited district, the council doesn t get this. The variances are for dimensional regulations variances because this location is set within area 500 foot and 1000 foot radius that it is not allowed under our zoning. Mary Mangavini 17 Prescott Street, Everett, I went to the neighborhood meeting, I am not thrilled with it, traffic will be a proud, old ladies using the outside ATM. I understand if we do allow we could put restrictions which would illuminate the traffic and hours of business. I do not want the ATM outside. Trisha Magnavini 17 Prescott Street, Everett I do not want the outside ATM. It is a safety issue they said they will not have it and now they are putting one. Ernest Flaramo - 13 Prescott St., Everett I oppose to the outside ATM. Anthony Rossi As far as the outside ATM we have no objection to taking that out of this. If you want to make condition there will be no ATM outside,

11 hours we do not have any objection to hours business hours, we don t mind being closed on Sunday. I heard a lot of hours with parking this will alleviate parking, it will be a lot better than it is. The ATM no objection for the outside, parking not a problem, and the hours we will make them banking hours. My client is operating a neighborhood business. Appellant The barber shop has been a disaster for us, drug issues there, this is something I have to take care of. Anthony Rossi Lease is expired and he will be taking care of this property. He is owner operator and this is what he does. QUESTIONS FROM THE BOARD Richard Zullo I don t see where the outside ATM is before us, I don t know if the building department has ruled on the outside ATM. Anthony Rossi A lot of concerns, I do not have a problem with that, I just want them to know we are not trying to pull one over. Joseph DeSisto I am surprised and pleased at your presentation. I did some search on google about check cashing businesses and I am presently surprised at how good this looks. I think one of concerns and no one mentioned it, who is your clientele why would I use Family Financial Center instead of going to the bank? Anthony Rossi Our clientele is more young kids, students and elderly. Nobody wants to put a check cashing place on Main Street, the reason why there are elderly people, young professionals that get out of work, this clears instantaneously, my client would clear their check that day, they will pay utilities for them. Typical check cashing place someone goes in pulls give my money, this is not like that, if they need something notary, faxes, it does more than a bank does. This is a one stop just not a deposit. Richard Zullo do they transfer money? How much percent? Response they do and around 2 to 3%. Richard Zullo Is that competitive? Anthony Rossi It is all regulated through the banking commission. It does this for over 600 businesses. MIchael Dantone I assume there is a vault somewhere in there where you keep larger things.

12 Response We will have something to that effect yes. Anthony Rossi It is not just a check cashing place, its paying utility bills, other things. Richard Zullo- If got this it is a non-conforming use someone concerned about strip club going in there if we give him that and a strip club could go in then does that require special permit or a variance? Jim Soper Right now it is conforming use, use by right be changing to a use that is not allowed in district so there is variance requirement for use change, now it is changed into use allowed by variance, it is not a use by right, you have to start with use allowed by right, then go to nonconforming by changing zoning rules then act with special permit change to a more nonconforming use. The new use is not by right it s by variance. Michael Dantone made a motion for favorable action with restrictions that the business hours are Monday through Friday 9 to 5 and Saturday 9 to 1 and if we are not addressing the specific ATM can we say no ATMs on outside of property. Mary Gerace seconded that motion. Joseph DeSisto Mr. Ebertz are you comfortable with the hours and no ATM outside. There has been a motion for favorable action with business hours and no ATM outside and no Sundays, it there any further discussion? ROLL CALL John Chistoforo Richard Zullo Michael Dantone Mary Gerace Joseph DeSisto PETITION: GRANTED Kimberly Rauseo, Clerk Audio Tape Recorded Petition #2282 Katherine Bigger Re: 141 Bow St., Everett, MA

13 BOARD OF APPEALS CITY OF EVERETT, MASSACHUSETTS MINUTES FOR MAY 2 ND, 2016 Pursuant to notice duly given a meeting of the Board of Appeals was held in the George Keverian Room, City Hall, Everett, MA, on Monday, May 2 nd, 2016 at 7:00 P.M. Those members present were: Joseph DeSisto, III Chairman, John Christoforo, Michael Dantone, Richard Zullo, Roger Thistle, Alternate Member, and Mary Gerace, Alternate Member, being all of the Board and a quorum for the transaction of business. Chairman Joseph DeSisto, III presided at the meeting and the Clerk, Kimberly Rauseo, kept the minutes of the meeting. A public hearing was granted to the Katherine Bigger, 17 Cedar Ave., Somerville, MA (RE: 141 Bow Street, Everett, MA 02149), who petitioned the Board for a Special Permit of the Building Zone Ordinance of the City, as applied: Applicant is looking to change the use of a portion of the existing nonconforming use. The applicant is looking to use a portion of the building for a Dog Training Facility. Zoning: Section 30 Lower Broadway Economic Development District Subsection 9. Non-Conforming Structures or Uses. b. Existing non-conforming structure or uses may be extended or altered, provided that such extensions, alteration or change of use shall be permitted only upon the grant of a special permit by the Zoning Board of Appeals after a public hearing and a finding that such extension, alteration or change of use shall not be substantially more detrimental to the neighborhood than the existing non-conforming use or structure. Violation: Permit was denied in accordance to the City of Everett Zoning Ordinance Section 30 Lower Broadway Economic Development District. The existing use is a non-permitted use in this zoning district. The petitioner, Katherine Bigger, was present and spoke on her own behalf. The reason for this is request is to get a special permit to open a dog training facility.

14 IN FAVOR Ellen McGabe 21 Prescott St., Everett Gail O Brien 31 Prescott St., Everett Kristen Batoli 31 Myrtle Ave., Cambridge I think it is a great opportunity for dogs. I am in favor of this petition. OPPOSED NONE QUESTIONS FROM THE BOARD Roger Thistle What is the current use of the building? How big is it? Is it going to be outdoor space? Response It was for the manufacturer of canteen trucks they split in half and it now an empty warehouse, it is 2700 square feet, no just gated, not for boarding, just for training. Richard Zullo Do you presently have a business doing this? Response I m with the MSPCA in Boston and I also do private training and this will be my first venture for myself. Richard Zullo moved for favorable action and Michael Dantone seconded that motion. Joseph DeSisto There has been a motion for favorable action and it has been seconded it there any further discussion? ROLL CALL John Chistoforo Richard Zullo Michael Dantone Roger Thistle Joseph DeSisto

15 PETITION: GRANTED Kimberly Rauseo, Clerk