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1 Minutes pertaining to the Board of Appeal Meeting held on Thursday, APRIL 13, 2017 in the Maurice Buck Auditorium, Town Hall, 365 Boston Road, Billerica, MA. Members Present: Richard A. Colantuoni, Co-Chairman; Doris M. Pearson, Co-Chairman, Anupam S. Wali, Secretary, Joseph P. Shaw, Salvatore A. Dampolo and Ralph J. McKenna, Alternate Member. Co-Chairman Doris M. Pearson opened the Board of Appeal Meeting at 7:15 P.M. with the reciting of the pledge of allegiance by all in attendance and the introduction of the Board of Appeal members. Mrs. Pearson read the notice of each petition prior to its hearing and swore in those wishing to speak on each petition HEARING #1 LOCUS: BLACK COVE, LLC & GLOBAL MONTELLO GROUP CORP. BY BRIAN C. LEVEY, ESQ., BEVERIDGE & DIAMOND 15 WALNUT STREET, WELLESLEY, MA Members sitting on this hearing: Richard A. Colantuoni, Doris M. Pearson, Anupam S. Wali, Secretary, Joseph P. Shaw and Salvatore A. Dampolo. Attorney Brian Levey, representing the petitioner, appeared before the Board of Appeal for a petition filed pursuant to the Middlesex Superior Court s ORDER ON MOTION FOR REMAND issued in Global Montello Group, et al v. Town of Billerica Board of Appeal, et al, C.A. No The petition seeks relief under Section 10 (Alter and Extend a Non-conforming Use) of the Zoning By-law to relocate and increase the number of fuel dispensers from two to five for their business located in an Industrial Zone. Attorney Brian Levey explained the Black Cove Appeal was heard by the Board of Appeal on July 13, 2016 and the Appeal was denied by the Board of Appeal on September 7, The Appeal was appealed through Superior Court and remanded back to the Board of Appeal for further consideration. At this time Black Cove would like to add three additional diesel pumps on the property at 241 Treble Cove Road. This area was occupied by the bus company, who will be leaving the premises. Hence, the buses will no longer be traveling in and out of the area daily.

2 2 Black Cove cont d: We feel that the additional diesel fuel pumps will not increase the traffic flow substantially and be less detrimental to the area than the school buses. There will be no repairs to the trailer truck vehicles on the site and there will be no overnight parking of the trailer trucks at any time. Our traffic engineer completed an on-site survey and feels additional vehicles will not be a detriment to the neighborhood. There will be no change for the regular motor vehicle fuel pumps. Attorney Levey performed a verbal presentation of pages 1-34, as he was unable to present his power point presentation due to problems with the town s power point setup. (A hard copy is in the file.) Mrs. Pearson asked, how many more trucks do you expect there by adding the dispensers? Atty. Levey responded less than 5% and we feel that would not be a substantial change. Mrs. Pearson said she understands you feel this may make truck fueling more efficient and improve the traffic flow, but she s concerned that the additional diesel fuel pumps will have a large impact on the vehicle traffic at this location and safety of the public. Mr. McKenna said the reason you are only here tonight is that you have two diesel fuel pumps and now you want a total of five diesel fuel pumps. Atty. Levey responded yes. Mr. Colantuoni said the problem he sees here is that the additional pumps may invite truck traffic coming off the highway and now you are opening up to the public not just the local businesses truck trailer traffic. Atty. Levey said he does not feel that the three additional diesel fuel pumps will cause substantial additional truck traffic from the local highway. We had two separate traffic studies performed for this project at two different times of the day with no major impact to the location or the neighborhood. Mr. Colantuoni said he thinks the increase in the truck fuel service there is different than the vehicles coming in off the street for the regular gas and retail service. Mr. Wali asked, if they could explain the traffic studies to the board. Shawn Kelly, Traffic Engineer explained what they did on a Thursday and Saturday with a video of the surveys at the site during the peak hours. There were eight (8) trailer trucks in and seven (7) trailer trucks out. The school bus traffic had school busses in and out per the peak hours.

3 3 Black Cove cont d: Mr. Dampolo said I cannot see that there will not be any additional traffic at that site. Presently, Treble Cove Road is a horror show especially with the auto auction on Wednesdays. Also, there is only one entrance and one exit to this site that surely will create additional traffic backup problems. This doesn t make any sense. Atty. Levey said Black Cove/Global would like to increase their business and we feel the three additional diesel fuel pumps will enhance their business and not create additional truck traffic impact to the public and the neighborhood. Shaun said we are taking out the 82 busses traffic twice a day and adding the three diesel pumps for better truck trailer service. The vehicles traffic will not increase. Presently, there is cuing along Treble Cove Road and Republic Road and we feel the additional diesel fuel pumps will improve the traffic flow. Mrs. Pearson asked, even though the school buses are gone from this location, will you be fueling the school buses? Atty. Levey responded no. Mark LaLumiere, Billerica Building Commissioner, said the school buses will be moving out of there. He suggested that the board obtain a traffic report from the Billerica Traffic Safety Officer. Mrs. Pearson asked, if they would like to continue this hearing to the May meeting in order to obtain the traffic report from the town? Atty. Levey agreed to continue the hearing in order to obtain a traffic report from the town s traffic safety officer. Richard A. Colantuoni made a motion to continue the Black Cove LLC/Global hearing to the Board of Appeal meeting on May 17, 2017 at 6:30 P.M. second by Anupam S. Wali. All in favor. Motion granted. OTHER BUSINESS - BOARD OF APPEAL MEETING APRIL 13, 2017 HEARINGS 60 CONCORD ROAD, LLC BY STEPHEN J. LENTINE, ESQ. LOCUS: 60 CONCORD ROAD (PLATE 61 PARCEL 73-1) Members sitting on this hearing: Richard A. Colantuoni, Doris M. Pearson, Anupam S. Wali, Secretary, Salvatore A. Dampolo and Ralph J. McKenna.

4 4 60 Concord Road cont d: Co-Chairman Doris M. Pearson explained this hearing was continued from the March 15, 2017 Board of Appeal meeting at the request of the petitioner. Attorney Stephen J. Lentine, representing 60 Concord Road, LLC appeared before the Board of Appeal requesting a SPECIAL PERMIT pursuant to Section 10.D.4 (Extension or Alternation of a Pre-existing Nonconforming Use, building or Structure) and any other relief required by Sections 10 and 5.C.4 of the Zoning By-law or any limitation, extension, change, alternation or modification of use or method of use as may at hearing appear at the hearing appear necessary or proper in the premises to construct an addition to its current pre-existing nonconforming structure in the Multi-Family Zoning District. Also, requested, a Variance pursuant to Sections 7.B.9 (Corner Lot Access); 5.C.4 (Area, Setbacks and the Green Strips in the Multi-Family Zone) of the Zoning By-Law and to otherwise make the premises conforming in all respects under Sections 5.C.4 and 7 of the Zoning By-Laws. He introduced the property owner Dean Laurendeau and his engineer John Noonan, R.P.E of Noonan and McDowell, Billerica, MA. Dean obtained a building permit in 2015 with a curb cut issued in 2016 for the addition to his present two residential unit house to add two additional residential units; a total of four residential units. A stop work order was issued in December of He was then informed he would have to obtain a Variance from the Board of Appeal. That is the reason for the Variances tonight. He then explained at the plan the two curb buts he feels are necessary for this location. One entrance/exit is on Concord Road and the second entrance/exit is on Kenmar Drive are the safest locations for the residents and the public. Dean is seeking to expand its use from a two unit to a four unit residential structure. The premises currently lacks the required 1.5 acers of lot area required in the district, but does have the necessary lot area (.962 +/- acres) to readily permit the construction of the four units, which allows one unit per 6,800 square feet of area. Also, the owner seeks to extend its pre-existing nonconforming front setback on Kenmar Drive of 21 feet and to maintain a green strip of 17.4 feet at its narrowest point around the lot perimeter. It would be a hardship to the public if the second entrance on Kenmar drive is not allowed. We met with the Building Inspector and the Town Manager and we are trying to resolve the issues. Also, we met with Attorney John McKenna, who is representing the abutters, to address their concerns. We are making drainage changes to help the abutter s site. Larry, of Salt Box Nursery, is a landscape architect and is working on this project to screen the property from the abutters. The abutters would like a berm with an eight foot fence and we do not feel that is necessary. We are willing to install a higher fence along the abutting property line without a berm. Mrs. Pearson asked, if the Building Department has a problem with the second entrance/exit?

5 5 60 Concord Road cont d: Atty. Lentine responded no problem. Mr. McKenna asked, if he knows when the property was rezoned to a multi-family zone? Atty. Lentine said it appears it was when the apartments were built on Concord Road in the 70s. Mark LaLumiere, Building Commissioner, said the question is in regards to the fencing. He said a Variance is needed for an eight foot fence. In regards to the complaints in November 2016, a stop work order was issued. We had many meetings on this project and he understands Dean Laurendeau s and the abutter s concerns. Dean Laurensdeau has been very cooperative with the Building Department. Mr. Colantuoni addressed Mark and said we had a two bedroom house with a barn in back. Was the barn torn down and then rebuilt? Mr. LaLumiere the new plan showed the building increased to two times its size. Dean applied for a building permit on September 14, 2015 and the abutter filed a complaint on November 18, 2016 regarding storm runoff, etc. Mark sent the owner a stop work order in December of Mr. Colantuoni asked, if anything has been done since the stop work order? Mr. LaLumiere said we have received many complaints throughout the process. The owner has since filed the petitions to the Board of Appeal. Attorney John McKenna, Boston Road, Billerica, representing Darryl and Cynthia Allan, said the abutters and Dean were friends for many hears. Darryl came up to the Building Department with his concerns regarding the drainage onto their property from this project. He feels the elevation of Dean s property now has caused the drainage problem. John Noonan, Noonan & McDowell, 6 Bridge Street, Billerica, MA, representing Dean Laurendeau, explained the slope at the plan and how the drainage will be controlled. Atty. McKenna showed the permit that wasn t filled out. The Allans are concerned with what would happen to their land. There is a significant change to the property. When you go from two family residence home to a four family residence home it is up to the Planning Board for Site Plan review. This is a serious situation. Daryl s property is very meticulous and he does not want any problems from this construction. Also, Darryl is requesting a six foot fence on a berm that will then be eight feet high.

6 6 60 Concord Road cont d: Darryl Allen, 2 Kenmar Drive explained in 2003 this property was rezoned from Neighborhood Residence to Multi-family Zone. He showed a map indicating the change in orange. He has no complaint with the zoning change. His setback is 7.6 feet. The original building permit says it was commercial use. He feels it should be required to go to the Planning Board for a building over 5,000 square feet. The Building Inspector says that doesn t apply to a house. Also, regarding the drainage plan do you need a building permit for it? Mr. Noonan said he doesn t need a permit for the drainage. Mr. Colantuoni asked, if they applied to the Board of Health? Atty. Lentine said this doesn t require Board of Health approval. Mr. Allan said he would like the Board of Appeal to understand where this is going. He is concerned with the use of this building. He is creating additional apartments and garages for his own personal use. Michael Allen, 2 Kenmar Drive said he is a contractor and feels this should have required a Special Permit or Variance before a building permit was issued. Dean has created his own hardship. Charlene McCarthy, Historic District Commission member said Dean Laurendeau came before their board and we had no problem with this request. She feels that a knife is being stuck in Dean s back and that this is a witch hunt. Everyone has been working with the Building Department on this project. The Board of Appeal is here to fix this situation. Cynthia Allan, 2 Kenmar Drive said Dean Laurendeau is a good man and a great neighbor. When this all started he asked if we had any issues. We did not at that time. Once the building process stared we looked at our property and there was a PVC pipe onto our property. All we want is to have our property protected and for the permits to be legal and in accordance with state codes. Mr. Colantuoni said his project was started two years ago. What it is going to take to make it right? Mrs. Allan said eliminate the driveway on Kenmar Drive and build an eight foot fence. Mrs. Pearson said we want to make sure the entrance/exit for this property is safe for all the vehicle drivers on Concord Road. Mr. Dampolo asked, what is the problem with an access on Kenmar Drive?

7 7 60 Concord Road cont d: Mrs. Allen said the driveway and the light coming through there from many vehicles. Also, it could end up becoming a cut-thru and adding more vehicles to the roadway. Atty. Lentine said he doesn t see the driveway as being a problem. Dean Laurendeau is going to install No Trespassing signs on his property at that location. Dean has done everything by the book to make the building process legal. We ask the Board of Appeal to grant the Special Permit and Variance requests. Anupam S. Wali made a motion to close the hearing, second by Ralph J. McKenna. All in favor. Motion granted. Richard A. Colantuoni made a motion to Grant the petitioners a Special Permit pursuant to the legal ad, plan submitted and testimony given, second by Ralph J. McKenna. All in favor. Motion granted. Richard A. Colantuoni made a motion to Grant the petitioner a Variance pursuant to the legal ad, plan submitted and testimony given, second by Ralph J. McKenna. All in favor. Motion granted K&K DEVELOPERS FOR ASPEN APARTMENTS COMPRHENSIVE PERMIT BY JOSHUA DAVIS, ESQ., WALTHAM, MA Attorney Joshua Davis appeared before the Board of Appeal to consider an insubstantial change to the Aspen Apartments Comprehensive Permit granted in 2009 and modified in 2013 land located on Rangeway Road. The insubstantial change is for the construction of the carports mentioned on the decision to allow garages. The carports have not been built yet. We are requesting the Board of Appeal approval for the insubstantial change of Exhibit A (the Carport Plans) determining the garages to be an insubstantial change. (The Modificaiton Plans) are hereby amended by the incorporation of the Carport Plans.) Mrs. Pearson said this request appears to be an insubstantial change to the Aspen Apartment Comprehensive Permit decision to allow the garages rather than the carports. Mr. Dampolo asked, if there will be garages for each building? Atty. Davis responded yes. Mrs. Shaw said this development and the plans have been approved by the Conservation Commission. Mr. McKenna asked, when will the construction begin?

8 8 Aspen Apts. cont d: Atty. Davis responded the construction has begun and some of the buildings will be open in the winter of Richard A. Colantuoni made a motion to Grant the request for an insubstantial change to the Aspen Apartment Comprehensive Permit decision to allow the garages instead of the carports for each building, as per testimony given, second by Anupam S. Wali. All in favor. Motion granted SUN PHARMA CO. BY TAYLOR DOWDY, P.E. BSC GROUP, BOSTON MA. Richard A. Colantuoni read a letter from Taylor Dowdy of the BSC Group requesting an extension for the Variance granted to Sun Pharma on April 6, 2016 to build an addition on their land at 29 Dunham Road. Richard A. Colantuoni made a motion to grant one six month extension only to the Variance granted to Sun Pharma on April 6, 2016, second by Ralph J. McKenna. All in favor. Motion granted Anupam S. Wali made a motion to accept the February 15, 2017 regular minutes, the February 15, 2017 Executive Session minutes and the March 15, 2017 regular Board of Appeal minutes, second by Salvatore A. Dampolo. All in favor. Motion granted. A motion was made by Doris M. Pearson to adjourn the April 13, 2017 Board of Appeal meeting at 10:13 P.M., second by Ralph J. McKenna. All in favor. Motion granted. Next Meeting: April 19, Respectfully submitted, Anupam S. Wali, Secretary