Zoning Board of Appeals - Regular Meeting

Vote of appeals to to order. Um we have a motion to open the public hearing. Second. All those in favor? I. So first order of business are the minutes from Tuesday, March 4th. Anybody have any? Yeah, I do. Okay. Line 47. Joe second page. Okay. I didn't recommend I kind of state that's a fact that is in the code. Okay. So I was just kind of like pointing out like highlighted I guess or something along those lines. It's stated that you know you can change recommended to stated because anything new has to already be designed for to support the weight of the panels. Anybody have anything else? So with that change in mind, can we have a motion to approve the minutes? So move. All those in favor? I. So uh the purpose of this meeting tonight is that we scared off everybody coming in front of us to get a variance for a special permit. So staff thought it would be a good time to address or at least investigate some areas of the uh table of principal use and regulations and they've highlighted some not with any favoritism or anything else but just to kind of look at them and say does this make sense or does it not make sense. So Joe you have comments so go ahead. Yeah. So, just as you were alluding to, um, you know, we just think it's a healthy practice to look at some uses over time that may or may not change and look at our zoning districts and see are there instances where it could make sense on a case by case basis to change something that would otherwise require

use variance to something that would be a special permit. Um so that way it it opens up some opportunity and um people would be generally more willing to apply for something where they see oh it's a special permit option versus a no and they have to try to meet the use area standard. So just to you know provide the opportunity for someone to seek a special permit with you know potentially you all um and you would still have the opportunity to review it case by case. So, you also alluded to, don't have our hearts set on any particular ones. Um, you know, the example that may come to mind is just a couple months ago, you had a a light manufacturing uh use over 364 Littleton Road. Um, but because they crossed an employee threshold, it from being allowed to not being allowed um because they had five employees instead of four or less. Um, so then they were required to get a use variance. Um thankfully they weren't you know uh turned off from getting used variants but other ones we have spoken to they see the the no not allowed and then they don't even want to apply. So um could be some development opportunity um just to give it the option. Okay. So the very first one that you have highlighted under principal use or residential uses is a conversion of a dwelling. Yeah. In the CH in the IH district. So I guess my question is are there many properties residential in those? Not many. It'd be you know a handful. They'd have to be an existing single family dwelling um in existence since before zoning and before 1955 in order to even try to you know attain this. So it would impact a handful or less even properties. But again, it's just something that would give someone an opportunity if it was changed from an N to SPA. So, if I was to guess, I would

say most of it's on Route 40. Uh 110 CH and IH. Uh generally, um and I have the zoning map up here. If there is any place you want to look at where a particular district is, uh it's generally along this area here. uh Littleton Road, Powers Road, um Technology Park Drive over in this area. There is a really small segment of commercial highway up in the corner around Make Peace. So, um Joe, question for you. So, it's a conversion of a dwelling. Could that be taken as conversion of a one of our brick and mortar? Yep. offices to residential. So it have to be a single family existing single family. Yep. That was in place before zoning. So before 1955. So it' be a pre-existing non-conforming structure already anyway. There's only one. So there's only Yeah. One or two floors. Well, you got that one and you got down across from Machoba, you got his house. Generally, Daryl's place. Yeah. Um, and then further down on the right hand side, you got used to be Fumia's lettering shop. Yeah. On the corner. So, so yeah, it's only one or two properties. Yeah, you're only talking about a handful of properties. Any comments from the board? So, do we want to make it a special permit? Yes. Okay. Okay. So, that one's going to be special permit and CH and IH.

So, in the IH district, what do we got in the IH district? I mean, so this is one right here. I think you were alluding to one of them. Is that on Kalo Road? Uh, this one's on Littleton Road. Looks like the one across from the tech. Yeah, right across from tech split zone between CH and IH. So I don't know how the the line got drawn there. So go to Kyle Road, Joe. Sure. So that Oh, right here. Here you go. So um 17-73 is one. That's that little ranch house. It sits next to Liberty Way. That's the end. Partially, right? Very little. Very little. Yeah, that's the house belongs to the guys from the Chinese restaurant. And that was one of the ones that they wanted to put into the uh MBTA housing, right? Yep. So that's in our residence A. And what about further up Carlile Road? There's nothing because that's all commercial highway, right? Yeah. 175 1751. All of those are all residential area, right? Yep. Pet store the log cabin. That's 17 51. 1729. Yeah. Yeah. Yeah. 1729. What is that? That's already commercial, right? Right.

Ch. So, that's a non-issue. Right. So, yeah, it's really only one or two properties um that would get impacted by this one. It would have to be, you know, a pre-existing single family. Mhm. Well, I have no problem. Across from Western Custom Floors, there's a multi family. I think it's a duplex. No, there's two apartments in there. There's two apartments in there. Yeah. Yeah. Yeah. It's a two family. Yeah. I don't think it's legally a two family. Details. Why? Yeah. Oh, brother. All right. Well, I don't have any problem making those um special permits also that go on. Okay. Uh the next one you picked out was hospital and clinic in the IH district. Yeah, there may be some you know reason why IH was left out here before but CH was included as well as some other industrial districts which would otherwise be along Route 40. Um so along your major I guess thorough affairs in town. So why IH was not included for that potential not entirely sure. Um, but again, IH is Littleton Road and Powers Road area and that may be a good one to have for that um, Tech Park East. Is that it? Only because they're trying to do some stuff down there and that might be an opening for a new tenant. Yep. You know,

a walk-in medical center or whatever that whatever they please at this point of the game. Yep. So we can look let's maybe make that one an S spa as well. Yep. Okay. And then greenhouse or nursery farm stand and RA and RV. Um, yeah, both greenhouse and temporary greenhouse or farm stand, I guess, as well. Yeah, the two of them side by side. Yeah, I I I still think the Anna is good. In my opinion, the end is good there because I don't want a farm stand opening up next to my house. I mean, I don't I don't have any I mean, the only place that I can think of that exists today is down on Plane Road, Fletcher's Farm Stand. I'm pretty sure that's a residential lot, but pre-existing and no one's complaining about it. Right next to the tracks, Joe. Yep. Yeah. So, yep. Residents A area there, res here. Obviously, much greater impact than some of the first examples we were looking at just in terms of how many properties it impacts. Yeah. I mean, other than that, does anybody else think of anything? I mean, what about uh Dr. Mulch over there on East Prescott? Prescott. I don't know what that's zoned. It's been there a long time, but it doesn't mean it's own commercial. A gas

station, right? Yeah. Yeah. Cody's gas station. Yeah. We know about be up around 379. That house. Yeah. We'll put that one in. What do you want? [Laughter] Cash like resound somewhere in that area. Yeah. One of those two. What? What's 55778? 777. Yeah, that looks that's Oh, yeah. 78. So, it's on the other side of the street. So, it's in business. That's business. Yeah. Yeah. Okay. What about the time? Yeah, that's another one. Good picking time, which [Music] is all IRA. Yeah. I don't know what they're doing. Yeah, they got to get everything in the world going. Yeah, they do. Yeah. So, again, I mean, it would be special permit if anybody were to try to do any of that. Yep. You know, that's existing. How long it's been there now? I lose track of time. That was kind of a deal, I guess. I don't know what you

want to call it, but it was something RA and RB or whatever the hell the names were. So, what do you think? You want to make it spa on that one also or keep the no? I I'm in favor of keeping the no because if they're that anxious, they'll come in front of us. Yeah. Okay. So, those two are the nos. Those are going to stay. Yep. Then your veterary hospital and clinic um IH and I A. Yeah. So, generally again, Littleton Road, Powers Road for IH IA Route 40 area. So, it's it's only a limited portion of um Littleton Road. I mean, it's mostly off of Littleton Road down in uh the side areas. Most of one most of 110 is commercial highway. I think all of 110 is commercial highway. Good chunk of it. Yeah. Well, you brought up tech part for the human Yep. One piece of property up at Road with IIA. I don't even know how you get access to it. Yeah. It's also covered in swamp. Is that where Mystery Springs is? I'm thinking so. Where is it? Right across from Chip's house. Oh, yeah. Down in there. Yeah. It's landlords, but it's like Yeah, it's all Oh, yeah. Right there. Is that right next to the bridge? Yeah. It's a pretty good piece of land, huh? It is wet, though. Oh, yeah. Really wet. Something to say about that.

Yeah. I Otherwise, you have a couple properties there right towards the chumps line. Um the couple smaller uh industrial properties right across P road we have like British Delights um there that's all I that's IH machine shop I think yeah bridge machines there y and the route uh section really towards again the Chelford line. These smaller properties over there, those all have commercial buildings standing on them right now. Right. Right. I mean spa for those. Okay. Okay. Retail sales to the general public in IH. I guess the no is what we're looking at. So what's the So yeah, again um I don't know why we didn't allow retail sales in those areas. I maybe the thought was that we wanted to reserve them for, you know, more office type of use as opposed to retail. um at least at the time the districts were created. Um but we just thought, you know, maybe it's an opportunity to allow by special permit some option in those especially if some place like Tech Park East was to start incorporating more uses and amenities for employees that were going to be there. I mean down Road, you just mentioned the British Delights. Yeah.

Been there working for a long time. Now um it's to my recolleition they never came in front of us. So is Kimbles industrial highway uh they have first 200 feet is commercial highway area across the street where it's generally parking lot across the street. Okay. Okay. Then they have this little area over here which I don't know it's really used for anything right now. Um that's why we did the commercial wreck overlay district to try to make their permitting a little more straight line as opposed to trying to pick one district over another I guess um between them and the SHA because the show is all split in there as well. Mhm. How those got in those zones over time, those individual parcels, I'm not entirely sure of the history, but there's a lot of deals made down at the outlaw. So, okay, retail sales to the general public and I spa for that. So the next one is nursing and convolescent homes under commercial highway. So Westford nursing home, isn't that in a commercial highway district? That's over off of Park Drive. Park Drive. Yeah. Should be right there. That's residential. Yeah. Those two buildings on either side going in are commercial. Yeah. Because commercial highway goes in 200 ft.

Yeah. I mean, it makes sense to put a nursing home in a commercial area. Yeah. The other one is uh down 110 at the corner of South Chancellor Road, the memory place. Oh, bridges. Yeah, bridges. See, commercial. So, it's already in there. Part of it is part of it, isn't it? I remember when they came to us to do that because on 22135 that's the sewage treatment plant or their leeching field for the poss and then the little building next to it is the sewage treatment plant. Yeah. Because don't they have the clean out down on South Chelter Road because they got the trucks that pump out there. Yep. Oh, yes they do. Yep. Yep. So, I would say make that an SPA anyway. And there's the accommodation. Funeral home. We've only got one. I'm sure it's in a residential A district, a residential B district. And for some reason, you know, and on this one, commercial was marked as a yes. And you didn't know if that was just necessarily the highest and best use for one of our main commercial corridors. I don't know. Just I would just leave it the way it is. I wouldn't change it. That's fine. Hotel in the IH is a big no.

Not necessar'll see many at least large I think hotels. You might see more smaller boutique hotels nowadays in the hotel industry, but um again it's right near one of our major commercial corridors. Good access to the highway. Why it's and not a special permit there, I'm not entirely sure. Um especially when there is a hotel in the IH right now. Yep. Um, so and then the long-term Marriott next to my building down there I think is in a split zone. I think it's must be Yeah, I think you're right. Yeah. Yep. See, it's part commercial, pot I residents married in. So that could make some sense. just to maybe allow a special permit there. Yep, would say. So, yeah. Place of amusements and assembly. What the hell does that mean? Uh, that would be I guess your amusement parks, uh, things that might have like arcades or things like that. petition will last already be covered under the over history. It's a good question. When you look at our definitions, trying I'll try to pull it up here. Why it's not pulling up.

amusement park. There's some standard entertainment usually with the sale of food or drink. And then you look at commercial recreation more so talking about tennis swimming, bowling alleys, pool halls excluding amusement parks, meatarchy, horse racing, dog racing, or anything involving motorized vehicles. That's kind of an interesting one. Um, yeah, but a lot of it did stem from When Dick Joy wanted had the arcade thing there, people were going crazy because they thought all the teenagers were going to hang out there and go to hell. Yeah. To dub it. I mean, it was a hell of a thing. He never got no what he wanted. And you know, he got restricted on the powers mess. I mean, you think about it today and what a joke. Yeah. Well, the same thing happened when when Kimbles wanted to put in their amusement area or their arcade area. I remember clearly you saying it's not a bad thing to have these kids in one spot to do something fun and have recreation. So, Junction that brings back some memories. Jesus Christ. I know. David, you're dating yourself, buddy. Who's my brother? [Laughter] I I'm of the belief to leave the that leave those as nos and if someone wants to come in front of us, they can. But I mean, that's just me. What does everybody else think?

I'm going to use gimbals as an example. They're already the overlay. I don't know what the difference is. Well, the overlay is a sight specific, right? For their part, their part of town. So if someone else came in and said, "Okay, I want to put in an amusement park where Market Basket is." They have to come and see us. They have to come and see us. Kibbles is coming for us all the time for what they want to do, don't they? They have. They have. Yes. In the past, they have. Yeah. What's that? They've always got what they wanted. They have because they It's They run a great operation. They've expanded and they've always been accommodating. Yep. So, I would say leave it. Okay. Personal service establishment. We haven't had one of those since the the early 80s up on uh up on the hill there. And Anderson's Orchard. [Music] The definition for this. Yeah. So, barber shop, beauty parlor, spa, salon, photography, health center, or lake facility, but excluding massage bar. That's your personal service establishment. So, down below we also have body art establishment. Correct. Yep. I mean, in the past, we've had people come in front of us for these tattoo studios, the eye studios, and all that stuff, and we've granted it. Yeah. Yep. Right now, just restricted the commercial highway. I mean, what I don't think it matters if they're going in an SPA, going in the industrial highway. Once again, Tech Park East, if they have an opportunity

to put salons in there or do something else as part of their whole area, why not? Why not? Right. I agree. Okay. And number 22, body art establishment. Yeah. Same thing. I mean, there's an opportunity to get some new businesses in town. Okay. And then the adult daycare facility. Um I think there's already one down there on uh Liberty Way. Isn't that an IH district? I think they came in front of us. Yeah. To get that. Yep. Once again, it's it's it's greatly needed. Y you know, especially as the population is aging. Yep. Are you saying something about us, Joe? No. No. Not at all. H yeah, New Path is the one down Liberty Way. Is that who it is? Yeah. Yeah. They seem to do a good job. I mean, so light manufacturing in the CH district. So, light manufacturing has so right below it is light manufacturing, not more than four employees. So, just straight light manufacturing. Is it limited as far as right? So depending on the number of employees you have, you're more or less restricted and the cut off being four or less or five or more. So if you have more than five employees, you're allowed in the industrial A, industrial B, industrial C districts. If you have four or less, you're not allowed in those areas, which seems a little odd. If you're going to allow a larger operation, you're not even getting the opportunity for a smaller oper

operation. Um, on the flip side, um, obviously if it's a larger operation, right now it's a no. In commercial highway, you just add a use variance. That was the one I g the example of at 364 Littleton. They had five employees with the hopes to go up to 12 um, sometime in the future. But they came in front of you before these areas. That's right here. That was the business that the woman was selling to that. Correct. Yeah. Yeah. Yep. We took from Cher. Yep. We took it from Chelsea. That's a win. I mean as far as light manufacturing goes I don't have a problem or the light manufacturer with not more than four employees in IAB and IC. I mean that's in my mind when they developed these industrial areas it was for manufacturing. Yeah. I mean back in the day when that group got together they tried to think of all this stuff and times have changed I guess a little bit. So what does everybody else think? I agree. So spa for the whole bunch. Okay, I think that was all the ones we had highlighted. Did anybody else have any other issues that they would like to look at and talk about? If not, that's fine. You know, we just said wanted to generate the discussion, see if there's anything you were open to. Um, you know, just giving an option. And, you know, this may change again when we get down the road. Keep mentioning this tech talk east. you

know, in here. I just was looking at some of this stuff and um restaurants um you know, industrial sea not allowed. Um you may you may have these groups coming in front of us different things in there and that's okay. That's fine. indoor motion picture establishment. Has there ever been a movie theater in town? Yeah, there was. Was there the Elks on College Street? Say the Elks. So, wasn't there? Uh, no. Bradford Street. Yeah. Yeah. Went to that. Absolutely. Danny might have been too young. Yeah. The Elks had the bowling alley. Had the bowling alley. Yep. to fly his pl that's all we have. So happy to take those and work them and maybe see if there's a opportunity for any bylaw. So if if we choose to amend these the bylaw with all of these things, those would have to go to town meeting. Town meeting. Yeah. So we public hearing and see if there's any comments and if people think any of those don't make sense, obviously we bring it back to you all, let you know the comments were and see if you have a reconsideration. Okay. Yeah. Yeah. Yeah, I mean I think that would be an improvement.

Someone say times are changing. Well, yeah. I mean, just in the last five years, things have changed drastically and you got to keep up with the times because I think the the uh the industrial commission was formed [Music] in 1979, 1980 that did a lot all this zoning. Think about what the changes have happened since then. And that was kind of a a group of guys that got together and women and if you had a piece of property on 110 or on Route 40, whatever, they said, "Okay, we're going to have a meeting. Come on in." Okay, what do you want? What do you want? What do you want? What do you want? Okay, great. You got it. And that's how it was done. Arthur Abu, I think, was the chair. Max Scholik, Jack Roble, a whole group of those guys that have been around for a long time. All right. So, Scott, what does anybody know or remember what happened to Cornerstone? Cornerstone Square was pitched by Norman Camala as a leisure mall. U and it somehow got hung up in the courts and they lost their financial deal. So in came I don't think I'm making this up. I think it's Demolus came in with money and sort of saved them. Yep. But they they destroyed any concept of

the the mall, the leisure mall. And then on top of that, there were no medical or dental buildings allowed and then they got rolled in, right? Because for financing, right? Is that Yeah. So that you're you have that right. So, I mean, so you got so you didn't get a you got a compromised leisure mall with incredibly tight parking. I mean, that's this is a Robert Walker special. So, I think what happened was it came in front of us. Do you remember this? I remember. But, but that was that was after all. The only thing was we denied it. Remember, we had to deny it. Wasn't that the case and then it went back to the planning board for the new reiteration of it. Yes, Demulus came in and they financed the whole project, but I think part of their finance deal was they had to have the market sitting where it was with the adjacent parking around it and then everything else they didn't really care about. Well, the only thing I can remember is we said no, they wanted to take some more land on Boston Road and we said no way because traffic is going to be always be an issue and you you can't take you really can't compromise. And it turns out I I think they did a reasonable job with the traffic. Not perfect, but yeah, it flows. And it was also something to do with the off-ramp coming off of 495. Um, well, there was a house where Burton Yeah. Yeah. It used to belong to Dave Merrill, a real estate bro. He had real estate office there. And so that was another whole issue with that whole

project. But I I remember clearly town council saying to us, you have to deny this project. Okay. No. And then it went back to the planning board for whatever the legal reason was and I can't remember that far back but I remember that happened. So when he cleared the trees he had his permits. Yes. Yes. He just clear cut the whole corner. Well, and the Zeus building burned down mysteriously. A car caught on fire. It was a nice Cadillac Escalade in the middle of the night. Right. Got a few gas cans in the back. I don't know how they end up. Yeah, you could have had a Walmart. You could have had Well, yeah, you could have had a Walmart. Absolutely. Absolutely. All right. So, I guess we've closed the meeting, correct? Yes. Motion tojourn. We have a motion to adjurnn. So, move second. Second. All those in favor? You got it.