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1 Minutes pertaining to the Board of Appeal Meeting held on Wednesday, JULY 16, 2014 in the Maurice Buck Auditorium, Town Hall, 365 Boston Road, Billerica, MA. Members Present: Richard A. Colantuoni, Chairman; Doris M. Pearson, Vice- Chairman, Ellen Sargent, Secretary; James E. Foye and alternate member Salvatore A. Dampolo. Chairman Richard A. Colantuoni opened the Board of Appeal meeting at 7:04 P.M. Chairman Colantuoni read the notice of each petition prior to its hearing and swore in those wishing to speak on each petition. HEARING #1 FERNANDO GONCALVES D/B/A PLANET COACH TRANSPORTATION AND MARIA DOLORES MARTIN BY STEPHEN J. LENTINE, ESQ. LOCUS: 21 RIVER STREET (PLATE 50 PARCEL 66) Attorney Stephen J. Lentine, representing the petitioners, appeared before the Board of Appeal requesting an APPEAL of the Denial from the Building Commissioner dated May 12, 2014 that a limousine service office is not considered a home occupation in a Neighborhood Residence Zone pursuant to Sections 8, 10, 13 and 15 of Massachusetts General Laws Chapter 40A and pursuant to Section 2 (Definitions); 5.C.1.b(1)(a) and 5.C.2 (Business Uses by Right - Home Occupation) and 15 (Administrative Appeals) of the Zoning By-Laws This Appeal is due to a complaint by a competitive company. Fernando operates his limousine business and parks his two light commercial vehicles relating to the business on his property to the rear of the existing house. The business use is not licensed by the Board of Selectmen. However, he is registered with the state. He submitted the state documents and licenses with the petitions. Fernando s two vehicles include a Toyota Prius auto and a Toyota Sienna van. They do not have advertising on the vehicles and are not metered vehicles. He answers calls on his cell phone from customers to mainly take them to the airport and others from the airports to their hotels, etc. This business is not intrusive to the neighborhood. There are no signs on the vehicles or on the property. Abutters were notified, but there does not appear that anyone is in attendance this evening. 2

2 Planet Coach cont d: We submitted a request to the Building Inspector in May for permission to operate his Limo Service business at 21 River Street. The Building Inspector replied that a Limo Service is not a Home Occupation as defined in the Billerica Zoning By-laws. However, the previous Building Inspector, Mike Kinney, did issue a Customer Home Occupation permit for a taxi business in a residential area, which set a precedent. Mrs. Pearson asked, if the Board of Selectmen agreed to give him a license. Atty. Lentine said we did apply to the Board of Selectmen for a license, but they do not have the authority to grant a license for a limo service business. However, he is licensed with the State. Mrs. Sargent asked, if they do any repairs to the vehicles on his property and do you park these vehicles on River Street? Fernando Goncalves said nothing is done on the premises. The vehicles are serviced at gas stations and we take them to the car wash on a regular basis. They do not park their vehicles on River Street. They are parked within the fenced in area. Mrs. Sargent asked, what do you charge the customers? Mr. Goncalves said $15.00 during the day and $20.00 during the evening. Mr. Dampolo asked, if they are going to acquire any more vehicles? Mr. Goncalves said he can only have two commercial vehicles at this location. James E. Foye made a motion to close the hearing, second by Ellen Sargent. All in favor. Motion granted. Doris M. Pearson made a motion to Grant the petitioners an Appeal pursuant to the legal ad, plan submitted and testimony given, second by Ellen Sargent. All opposed. Motion denied. (For Board of Appeal decision see File No ) HEARING #2 FERNANDO GONCALVES D/B/A PLANET COACH TRANSPORTATION AND MARIA DOLORES MARTIN BY STEPHEN J. LENTINE, ESQ. LOCUS: 21 RIVER STREET (PLATE 50 PARCEL 66) Attorney Stephen J. Lentine, representing the petitioners, appeared before the Board of Appeal requesting a SPECIAL PERMIT pursuant to Sections 5.C.1.c(2) and 5.C.2 (Garaging or Parking of Two Light Commercial Vehicles) of the Zoning By-Laws to operate a home occupation of a limousine service business and to park or garage two light commercial vehicles in connection therewith on land in a Neighborhood Residence Zone. 3

3 Planet Coach cont d: Fernando operates his limousine service business and parks his two light commercial vehicles relating to the business on his property to the rear of the existing house. He would like to maintain the two existing commercial vehicles on their land. One of the vehicles is a Toyota Prius and one is a Toyota Sienna commercial van. There are no advertising signs on the vehicles or on the house and property. Fernando s limousine service business is registered with MassDot. Doris M. Pearson made a motion to continue this hearing to the first order of business at the board of Appeal meeting on August 13, 2014 to obtain additional information on the limos service licensing process, second by Ellen Sargent. All in favor. Motion granted. (Board of Appeal File No ) HEARING #3 JOHN F. POLEY AND PATRICIA J. POLEY, TRUSTEES OF THE POLEY FAMILY TRUST LOCUS: 8 UNIVERSITY LANE (PLATE 64 PARCEL 45) John Poley appeared before the Board of Appeal requesting a VARIANCE pursuant to Sections 7.D (Yards) and 7.L (Dimensional Table) of the Zoning By-law to build a farmer s porch onto their house located in a Rural Residence Zone. John explained his wife Patricia would like to build a farmer s porch onto the front of their house. In order to build the addition, the Variance is required. Their house conformed to the Zoning By-law when it was built in The farmer s porch will not have an adverse impact on the neighborhood. Mr. Colantuoni said it appears the farmer s porch will be 16.3 feet from the University Lane lot line, but it does not appear to be a site distance problem. Mrs. Pearson said it looks like it will be a nice addition to their home. Mrs. Sargent said it is nice that he is honoring his wife s request for the farmer s porch. James E. Foye made a motion to close the hearing, second by Doris M. Pearson. All in favor. Motion granted. James E. Foye made a motion to Grant the petitioners a Variance pursuant to the legal ad, plan submitted and testimony given, second by Doris M. Pearson. All in favor. Motion Granted. (For Board of Appeal decisions see File No ) 4

4 HEARING #4 GODFREY L. CABOT, INC. FOR CABOT CORPORATION BY MARY ELLEN O DOWD LOCUS: 157 CONCORD ROAD (PLATE 60 PARCEL 95-1) Mary Ellen O Dowd appeared before the Board of Appeal requesting a VARIANCE pursuant to Section 9 (Signage/Monument Sign) of the Zoning By-law to allow Cabot Corporaiton to replace a front entrance sign on their land located in an Industrial Zone. Cabot Corporation has revised their sign design plan from the original sign by decreasing the sign size and placing the sign on poles instead of on a solid base. Therefore, the revised sign will be taller than the current sign. In order to build the proposed sign, the Variance is required. Mrs. Pearson agreed that the sign is necessary for the visibility of their company to the public. The commended on the Cabot sign design. Mrs. Sargent commended them for the sign replacement to better assist the public, especially in the evening and during inclement weather. Doris M. Pearson made a motion to close the hearing, second by James E. Foye. All in favor. Motion granted. James E. Foye made a motion to Grant the petitioners a Variance pursuant to the legal ad, plan submitted and testimony given, second by Ellen Sargent. All in favor. Motion granted. (For Board of Appeal decision see File No ) HEARING #5 MITCHELL J. ALBANESE AND WALTER H. SUPREY, JR., TRS. OF G.M. REALTY TRUST FOR GEORGE ALLEN BY JAMES T. DANGOA, SR., ESQ. LOCUS: 46 SHANNON ROAD (PLATE 99 PARCEL 291) Attorney James T. Dangora, representing the petitioners, appeared before the Board of Appeal requesting a VARIANCE pursuant to Sections 7.B.4 (Reduction of Lot Size) 7.C.2 (Lot Area and Frontage) and 7.L (Dimensional Table-frontage) of the Zoning By-law or any limitation, extension, change, alteration or modification of use, or method of use as may at hearing appear necessary or proper in the premises to divide land and to delete a portion of land that has a defective title to otherwise make the lots conforming in all respects in a Village Residence Zone. Mitchell Albanese and Walter Suprey obtained a Variance from the Board of Appeal on October 1, 2008 to re-established combined parcels to create a 10,000 square foot buildable lot. However, now the property cannot be conveyed, as presently designated, because Lot 1055, containing 2500 square feet of land, is tax title land with a defective title. Now we are asking the Board of Appeal Variance to reduce the lot to 7,500 square feet to correct the defective title. We want to amputate the tax title land in order to build a new house on the newly created lot. The new house will comply with the Zoning By-law requirements. 5 GM Realty cont d: Mr. Colantuoni asked, if they can give the land back to the town.

5 Atty. Dangora said that is what will eventually happen. Mrs. Pearson asked, if the new home owners maintain that portion of the land, would they end up owning via adverse possession. Atty. Dangora said that would take 20 years. Mrs. Pearson said you definitely have a hardship here. Mrs. Sargent said due to this unique situation the town should offer to give the owners their money back. Fred Hanson, 42 Shannon Road questioned the location of this land. Atty. Dangora explained, at the plan, the location of this land fronting on Shannon Road. Mr. Hansen said he is concerned that the new house will be squeezed onto this lot. Atty. Dangora said the petitioner plans to build the house in conformance with town s requirements for the area. Mr. Colantuoni said if approved by this board, they will have to apply to the Planning Board for their approval. Doris M. Pearson made a motion to close the hearing, second by James E. Foye. All in favor. Motion granted. Salvatore A. Dampolo made a motion to Grant the petitioners a Variance pursuant to the legal ad, plan submitted and testimony given, second by Ellen Sargent. All in favor. Motion granted. (For Board of Appeal decisions see File No ) HEARING #6 DEBRA DONAHUE LOCUS: 1 A STREET (PLATE 99 PARCEL 83) Debra Donahue appeared before the Board of Appeal for a Special Permit pursuant to Section 10.C (Alternation, Reconstruction, Extension or Structural Changes) of the Zoning By-law to reconstruct her existing dwelling and build first and second floor additions onto her dwelling located in a village Residence Zone. Debra explained her home was built in 1940 on a corner lot with non-conforming setbacks along a paper road. She has owned the house since Now she proposes to reconstruct the existing house living space, add a full second story addition and make necessary structural support changes to her single family home on her 4,600 squre foot lot. 6 Donahue cont d:

6 Her house is the last house on A Street that is an accepted street and her property ends at Puritan Street, which is a paper street. Her mother and stepfather, who was a Reading Fireman, will be living wither her after the renovations are completed. He is very concerned with safety issues of the existing house. Their land will be nicely landscaped and add to the value of the neighborhood and include additional taxes to the town. The renovated first floor will be within the existing floor plan. The second floor will be directly over the present first floor. The lot coverage, with the new additions, will be 27%, which is 2% over the 25% allowed lot coverage.. Mr. Colantuoni highly commended Debra on her presentation to the Board of Appeal. Mrs. Sargent said this is a good plan for her house, but expressed her concern regarding adding the second floor to this house. Also, the plan shows the house is only 4.2 feet from Puritan Street. Ms. Donahue said the addition is within the same foot print and will not be any closer to the lot line than the existing house. She spoke with her direct abutters, who are pleased with the intended renovations to her house. Mr. Dampolo said he was impressed with her presentation and agreed this will be an asset to the existing home and neighborhood. Mr. Pearson said she has been wrestling with this plan, as it is a lot of house for this small lot. This will be the largest house in the area on a very small lot. Ms. Donahue said the improvements to her existing modest home are necessary to meet current code regulations. The additions will enhance her home and neighbored especially with the improved landscaping. Salvatore A. Dampolo made a motion to close the hearing, second by Doris M. Pearson. All in favor. Motion granted. Salvatore A. Dampolo made a motion to Grant the petitioners a Special Permit pursuant to the legal ad, plan submitted and testimony given, second by Ellen Sargent. Four in favor and one opposed. Motion granted. (For Board of Appeal decisions see File No )

7 7 OTHER BUSINESS - BOARD OF APPEAL MEETING - JULY 16, 2014 BRIAN AND CATHLEEN LOMASNEY, 10 FOX HILL ROAD, BILLERICA, MA Brian and Cathleen explained they obtained the Special Permit to build a garage with the in-law apartment above the garage on May 21, Recently, her Dad fell that caused him serious health problems. Now it will be difficult for him to climb the stairs to the in-law apartment. Tonight they are requesting permission to have the board accept the revised plan to eliminate the garage plan and build a first floor only in-law apartment addition. The Board of Appeal members reviewed the request and the plan that does not appear to have substantial changes. Mr. Colantuoni said it appears that there is no change to the in-law apartment layout. James E. Foye made a motion to accept the revised in-law apartment drawings, as it is an insubstantial change, second by Ellen Sargent. All in favor. Motion granted. (Board of Appeal file No ) ALEXANDER ESTATES COMPREHENSIVE PERMIT Mr. Colantuoni explained the peer review representative, Stephen Ventresca, P.E. of Nitsch Engineering, final report required the Billerica Fire Department to review the Alexander Estates final plan and report back to the Board of Appeal of the roadway access and culde-sac before the building permit can be approved. The Board of Appeal sent a memo to Thomas Conway, Billerica Fire Department Chief on July 10, 2014 requesting his final determination, after reviewing the attached Nitsch Engineering Report by Stephen Ventresca, P.E., dated August 12, 2009 and plan dated August 29, 2009 for the above mentioned project. A memo was received from the Billerica Fire Department stating they have no problem with the approved plan for the roadway access and cul-de-sac for Alexander Estates. Doris M. Pearson made a motion to accept the Billerica Fire Department memo, second by James E. Foye. All in favor. Motion granted. Doris M. Pearson made a motion to accept the minutes of the Board of Appeal meeting on June 18, 2014, second by Ellen Sargent. All in favor. Motion granted. Ellen Sargent made a motion to adjourn the July 16, 2014 Board of Appeal meeting at 10:16 P.M., second by Salvatore A. Dampolo. All in favor. Motion granted. Next Meeting: August 13, 2014 Respectfully submitted, Ellen Sargent, Secretary