Zoning Board of Appeals - Regular Meeting

Order of business is minutes. We have minutes from December 18th. Mr. Sharers, Mr. Zeniac's not here. Is there someone you want to seat? Uh, Mr. Valwood. Um, so does anybody have any additions, deletions to this? Seeing none, can we have a motion to approve? So move. Second. All those in favor? I. So, we didn't meet in January. We didn't meet in February. So, we have the me meeting minutes for Wednesday, March 19th. Um, anybody have any additions and deletions to this? Seeing none, can we have a motion to approve? Second. All those in favor. Okay. Joe, do you have any announcements? No, Mr. Chair. All right. General business. So, uh we're waiting for our applicant to to appear. Um let's see if someone is here for um general plan A for the discussion on the Granville Woods condition of approval. Anybody's here from that? Okay. Um so I don't know if you want to take that out of order. We can take that out of order. Um we'll come up to the microphone. Tell us who you are and why you're here. Hi. Uh, I'm Alan Ktos. Uh I live in Granville Woods

29 and uh we're here to petition uh the the board to remove the um I guess the the restrictions in the um in the permit which uh indicate that the property should remain forever private. reason that we want to do this is uh we're not we we as a community are not afforded a lot of the town services the garbage pickup uh you know road maintenance no plowing things like that. So um our understanding is that this is the first step towards uh achieving that goal is to get the amendment to um to the permit. Okay. Um I happened to be on the board when that was approved and um I am not in favor of this at all. That would be a huge undertaking and financial responsibility for the town and at the time that we decided to do this along with a lot of other projects that are similar in nature. Um the association are the ones who will be uh paying for trash and plowing their roads and driveways and everything else. So I'm opposed. Anybody else have any opinions? I agree. I'm not in favor of it. Well, was the longstanding policy of the town, right? Correct. Condomin and I don't know when that started started after I guess the first three are in everybody else's house. So u Blanchard Farms, Hilder Hills, Pilgrim Village. Yeah. Sort of the existing rules at the time stood.

Mhm. After that, then the town voted out or changed the bylaw essentially voted out condominiums and then they came back. I want to say what a number of years later probably when we did uh uh Donald 110 there. Um excuse me. Can you explain what the change was that you're referring to? I'm just I don't have an issue, but I think it just the town went for a long time with no condominiums, right? And this was 8384. All of a sudden, they got three and they said, "Whoa, wait, we don't want to do that." Bylaw was changed. if zoning bylaw was changed, ironically, back to zoning them out effectively and then a number of years later they were back in. But but one of the provisos was that they would be responsible for snow, trash, etc., etc. It's a common condition. Essentially, they would be private, right? So Dave, even now um Blanchard Farms, Pilgrim Hills and uh Pilgrim, they still are on their own, right? Correct. That's my understanding. Yes. Yeah. Yeah. Yes, sir. Can I speak? Yep. Tell us your name. Yeah. My name is Basar. I live in the same community as well. So couple of years back, I think probably eight years back or so, we all of us came and uh put a petition like hey we pay the same tax rate as other residents within Massachusetts I mean within Westford but we don't get any town services. So that time we requested at least can we get some trash pickup and at that point of

time I think there was a study done by the westward I think the town I do not know what solid waste advisory committee. So the committee did an analysis and they said that uh there are a lot of communities even though they stay private but they do have like services of snow cleaning and crash pickup. There was a study done. I think they I think Westford town might have the data and uh some of our request that time was also denied and uh I think 3 years back or so we again put a request that hey since we are not getting services can we do a that for the tax abatement right like all of us we signed a petitions hey can you lower our rate so that can be consistent with the services what we are getting from the town even that was uh denied and uh if you see from last uh three years I keep seeing like last year uh or this year like I think article 7 there was one private driveway which was converted to uh town public road as well so that they can get all the services of the town I can get that all that list from like previous uh uh town meetings like it has been consistently happening from last 3 years if you see every year there is one community where it is converted from private driveway to public so that they get all the services so this is like One of the thing uh which we want to explore too because there are some communities which are still private but they're getting all the services like for example those are town accepted roads. So when some when a developer builds a neighborhood okay the road is private until the town accepts it. They have to put up bond money. It has to be built to town standards and everything else. Um and then we want to go into that route. That's I don't know if you can because you're condominium, right? It's the same thing for other communities which became from private to public too. It's exactly the same thing, right? They were private roads too. You have a condo association,

correct? Yes. I think even the other communities, you guys pay an HOA. No. So when you purchase that condominium, you're well aware of the HOA obviously, right? Yeah. we have questioning has certain responsibilities to that condo association and that's part of the uh license or or the restrictions associated with that association. So I'm not sure how you would stop that because there are a lot of condo associations in Westford that have an HOA and those services are provided based upon the HOA. Agree 100% agreed. But my my point is uh like there are other communities which had similar situations like which had private roads which had association uh everything they got like amended to become public uh roads too. So we want to go in the same route like how the other communities which had uh HOA similarly they had everything were detached in other communities in Westfit or other communities in Massachusetts. inspiring. The communities I think you're talking about aren't communities. They're just a road with multiple houses on it. So when the builder puts the plan together for the town, it's a road. It's not a community. They're all individual homes with no HOA. And that those roads are wrong. So what happens is throughout the process when it gets to the end, like Scott said, he has to meet certain criteria for the town to take that road over. The roads all have to be inspected throughout the whole process of them being installed which were not done by any town officials when they built your development or any of the other condominium projects. So just that fact alone the possibility of meeting all the town requirements might be a long shot. like one of the community this year what I was referring to was off of the 225 uh like once you go very close to the

carline intersection on the left hand side uh that extension road which became from uh private to public that was on that article 7 yes landmark drive off of the top of my head Lmark drive has been a street in Westford for years no think this year which was like oh Xavier Diane Yes. Yeah. That's a road. That's not a community. Those houses were supposed to be a private road, right? That was Diane Lane was approved as a subdivision. We found the plane board. That was always intended to be a public way. So they intended for it to be a public way from the moment it was approved. They didn't intend for it to be a private way at any point. It remains private until the project's done. Then once the project is done, it gets inspected throughout the construction process. Um and at that point once the engineering department is satisfied it's been built the town standards then it can go forward to town meeting be accept accepted as a public way the town takes responsibility for it. Are you are you saying that all of the condominiums No you sorry rephrase that. Are you saying that none of the condominium associations are getting trash pickup snow plowing etc. Right. That is uh incorrect. the Juniper Hills community hills is not a condominium association. It's a it's a neighborhood. It's cluster zoning but their road is private but they do get trash services right I don't know if they get trash or not. That's what like uh the like last eight years back or something when we put a petition right they did a study it's kind of a mixed uh thing in westward like some communities even though it's a private driveway they get some services some communities do not get it. So that is where like we are kind of trying to request hey can we get like something similar like other private communities what they have can we get something similar why we should be excluded being part of westford if it is other town 100% agree but if it is in westford itself if there are lot of uh

private driveways where trash pickup services are being provided why we should be alienated that's the point what we wanted to put up front my point is you bought you knew what you Yes. Yeah. You knew when you in perpetuity is the famous words that we put in everything because that board approved that this board approved that subdivision or that condominium association, you know, and and usually when there somebody comes to us, they're asking us for something. Okay? They're not giving us anything. They're asking us for something. Smaller lots, greater density, yada yada yada. And so in that case, it's exactly what it was. So as a result, no trash and no um snow. So how does it justify paying the same tax rates and you do not get salaries as right like talk to the talk to the assessor? That's not our department. I guess that would do but that when you bought the house, right? You were aware of the tax rate. You were aware of the HOA at the top, correct? Yes. I guess that's% it's a decision you made at that time, right? I'm not I guess what I'm like Scott's saying is when that proposal came before us, there was certain restrictions for us to approve that and some of that was not doing the trash pickup or the rope maintenance. There were other communities, that's what I'm trying to convey. There were other communities in the similar boat exactly like saying like our communities for them they are getting trash pick up. That's the point I'm trying to make. It has changed. They saying there aren't any. So, we need to do our homework and I can get that list. Uh I think at that time right we got a list which all communities having private driveways their trash pickups are being done. I think we can uh get that uh data. So if you want to reconsider like having that

data right probably it might change your opinion like why there is a communities but you're missing the distinction. between private and condos. I mean, that's where you gota you gota go. And I think you don't you suspect you got maybe go back to the select board and their legal counsel. Maybe that I know you're frustrated, but maybe they can clarify in your mind because it's dri it's it's driven of uh a distinct even though other communities are in the same boat they get some services. No, you're you're you're misconstring that. Okay. That if the only three condominium association I can think of were constructed before the zoning bylaw was changed. Once the zoning bylaw was changed, as these guys have suggested, the terms and conditions changed and and you got into this HOA, but it was upfront. You knew what you you knew what you bought several years ago down on 225, this conquered place. They came to us for the very same requests and they get denied. So, you're not the only ones who have come in front of us. Can you just tell me when that if you know the date of when that change happened? When the the zoning bylaw change. Yeah. To Mr. Earl's point, it was a period in the mid 80s where the bylaw was changed to allow multif family housing and then you know three four years later it was changed I guess back to not have multif family as a separate

category by between 85 and 90 I would guess. Yeah. somewhere in the mid to late 80s, long before your places were built. Used to be a rock gravel quarry where you guys were living. That's what that was going on that that period of time in the 80s and early 90s. Yeah. Okay. We'll do some more homework then. Okay. Thank you for your Thank you for your time. Take care. Okay. Next order of business is six Craig Circle looking for a special permit pursuant to 3.6.6 for an after the fact approval and alteration of a non-appointing residential structure going from 47 ft to 41.9 ft where 50 ft is required. Hi. Tell us your name. Mr. Chair, can I get a motion to open the hearing? We have a motion to open the public hearing. So move. Second. All those in favor? My name is Michael Ginu and I'm here to petition for the approval of the second special permit request. Okay. So, um, do you have any comment? I'm sorry. Do you have any comments? No. No comments. Okay. Um, I was here um before the end of last year, but it wasn't approved and then I was I was asked to put in another request, a second request. Yep. Okay.

So just for the for the history, we had given you a um was it a variance to a special permit the first time around? A special permit. Special permit the first time around for that bump out of 3 ft. Yeah. Then when staff was reviewing the asbuilts, it turned out that it wasn't 3 ft, it was 6 feet. Mhm. Okay. And that's when you we requested you to come in and um tell us how it got to be six feet instead of 3 ft. Okay. Um I think at this point if you have no comments, I'll ask our building commissioner to kind of give us a rundown of what he's provided with us tonight. Okay. Uh my name is Eric Tata from the building commissioner for Westford. On May 6, I did a site visit with uh with Michael and uh to determine um if the uh bumpout, the additional three feet uh was built to 780 CMR, the Massachusetts State Building Code. Um I could not determine with the site visit um if it was without having the front stairs removed and then dig out and actually see it. Um, Michael did provide pitches um that Joe's putting up there right now. Um, if we could go to the first one of the hole. Okay. So, this really does not I I cannot determine the size of that picture there. Um, I you know how far that that comes out. I have no dimensions or anything like that. Um, so I cannot make a determination with this picture here with the additional 3 ft. Um, can we go to the stairs? Um, this was another picture uh uh

supplied to me. Um, and then can we go to that uh side picture? The the first one? Yeah, the first one. And this is what I witnessed out there. So, I made a determination and I asked Michael if if the stairs were blocked in. So, I the only way I can determine if that um if this meets code is to dig it up. Um I did let you know that yesterday when I stopped by that if you had an engineered letter, I would honor that, but I cannot honor a letter from an unlicensed contractor. his his license. Yeah, he has a he has an well even if I couldn't honor it even if he had a CSL license, but he has a hydraulic license is what he supplied to me. Um not a construction supervisor's license. Um in addition, um I was I did research on all the paperwork that I have and I can't find anywhere where it was permanent to do that or inspections were completed. Oh, okay. So, during the we we we got a special permit for this, but we're in the building code at this point right now. I'm sorry. Where where in the building code? We're not in the zoning bylaw. So, but um in the building code, if you alter what you're doing, you need to amend your permanent chapter one. Yes. So, we do not have any amendments. I have no documentation um showing any plans um for that front entryway um any language that says that that front entryway in my opinion that front entryway was never permitted. Okay. So how can we do inspections on something that was never permanent? So the front entryway was permitted. We we had under under what permit? You have

three permits out there. Yes. So the first permit was the one on the left, the garage and the master um bedroom on top. The second permit was the bump out the front and then the um the on the right side on the right side. So um the the right side and the front had one drawing and um it was at at that point that we we took the special a a a permit. So during construction we um because we knew the the the special permit it would not be approved right away. We built the top part and waited until it was approved and then we did the the the front. So the pump app as we see here was permitted. The problem is that it was shorter than it is right now. But we we receive a special interrupt you right there. I have that permit. If the board would look at at at permit number uh application number 22-03710. Unfortunately, there's there's nothing in in your plans showing that front entryway. We I think we have even three bedrooms. We have three. Yes. But I'm going by the one that you just said, the right side. And I have the plans right here. I mean, I I can hand them to you if you want. There's nothing showing the front entryway. No, it's only just the new sign. Okay. So, uh when we came for the first special tenant Well, hold on. Hold on again. You're going back into zoning. I'm in the building code right now. Okay. Okay. And I'm I just want to I'm just trying to show just trying to you know, let you know that I have nothing.

I have no amendments. I have which is required when you change from what your your plans are. I have no amendments showing that that front bumper. But what I do have is I have your original permit which is permit 22 00094 and then there there is a rendering of just a porticle. We changed that. Okay. All right. Um, so now if we skip ahead to permit number 23 05061, which is the converting the attic to the livable space. Now I have a rendering of that 2 and a half story front entryway. So somewhere in between these two permits, this work was done. And I don't have anything any permits for that or construction documents. I have nothing. So I believe we had that we had um um Henry was the one who approved it. We even came there once. Well, we are in agreement. You have three permits out there, right? And three permits only. Correct. Yes. Okay. Well, the three permits are right here and there's no approval from Henny Fontaine. So one of them shows that the the frontage the frontage and then the right side also we had but and it was also inspected. I have again you're you're saying that I I don't have any record of it because I do have all the permit cards. I mean, if you can produce a permit card for for um for something showing that it it has it has been inspected, but I I have nothing

under the job weather cards that show um that there was any foundation inspection done on that. Now, I know Ernie did it and I know Ernie is very very thorough. He would have marked that. If there were two foundations, he would have marked right side. He would have right marked up front. I've I've you know I worked with him and I've watched how he he I've come across a lot of his his paperwork. So are you saying we didn't have um permits? He was never what I'm saying it appears that you have no permit for that front entry entryway. The the front entryway was part of one of the permits. It might have not been part of the description. It has to be part of the description. That that's that's what it's inable. So it might or it would have to be part of your supporting documents. It might have not been part of the description on the permit card, but we had a drawing and it was permitted under what permit because I have the drawings for those permits. One of them. Um the first one that you you are showing us the garage. Yeah. The very first one with the dark um dark the first you open up that we never when we were when it got approved the initial plan was just to clean it up and after couple of months we had a new drawing which we brought here. So this wasn't the the and then it was amended. I think I should have this. This is what I'm just going by what we I have access to in my database. Yes. So, let me see if I'm able to dig and find out some of this. We would we would I would need um you know to for the building code end of it, I would need a um an approved by the town of Westford stamp plan. Yeah, let me let me go

through. I don't know where they are, but let me look around. See if I can get those um drawings over because I know we we had one of them. The drawing was in there and it was approved, but I'm not able to tell which one it was, but it might be the first one or the the one on the right. So, let me get the drawings over and then All right. So, well, to the board, I could not make a determination um if it meets code or not. Okay. Okay. Um are you living in the house now? Yeah, you are. You have no occupancy permit. I'm sorry. You have no occupancy permit. That's correct. Okay. Well, based on everything we've heard here tonight, I don't think that we can make a determination either because we cannot approve something that's not built to the proper building code. And I think we need to get some of this straightened out to determine exactly what happened and what's there. Okay. So, um I would find the plans, get them to Eric. The other thing I would do is make sure that thing is built to code. It is. It is go to court. Okay. I'm talking about the foundation. Yes, it is. Okay. Yeah, but you got you got to bring paperwork to prove that. Unfortunately, we can't just take your word for it. No, I know. So, um that was why I I said, "Give me time to find those um drawings and see." Hey, hey, Joe. What has that picture back up showing just work? Yeah, we've given him a long time. He was before us in December. No. Um I

didn't know um um these permits were missing or the drawings. I wasn't aware of any of those things. I'm now being made aware of those things. Are you aware a foundation in this area, Massachusetts has to have four feet of frost protection? Yeah. So, you're telling me that's four feet in the ground? It is 4T. I'd like to see the tape you're using. Yeah, that does not look 4 feet. Wow, it is 4T because it was a a there. There is another point. You may have to dig that up so that uh Okay. All right. Mr. Tardiff can verify. Okay. It's deep enough. So, you you've got some issues you got to get straightened out. One, you're living there without an occupancy permit. Two, I'm going to be a good guy and I'm not going to start finding you today. But you've got to get this thing straightened out by the next meeting or otherwise we're going to start laying the fines on. All right. And we'll have to talk about tomorrow. We'll have to talk about your occupancy. Yeah. Now, there could be a fine because you're living there without the occupancy, but that's not my Bailey work. That's his So, you've had plenty of opportunity to get all this information to us and get us straightened up. You've had months, months, and months. So, um yes, but I'm honestly I'm not I wasn't aware of the missing information here. I wasn't aware of it. So, so I'm going to see how I can work things with him to find those things. If you're saying that it's on the garage permit, you have a plan that shows it. Let me find that plan. Let me find it. It does have to be stamped by the It's

time. All the plans. All the plans were stamped. Yeah. No, I mean by Henry Fontaine. Yeah. Brooklyn. He was the one in charge at the time. So, yeah. Because the stamp plans have to remain on site during thorough construction. It was on site throughout it was in a a binder. I just don't know where this was the brother's truck in New Jersey. Were they? No. No. It was always on site. Anybody else have any more questions? I mean I I just don't understand. You've had months to get stuff. You came here with no paperwork, no nothing. you came here, sat with no comments. What was your plan tonight? Just I don't understand what why we're back why you back in front of us if you don't have anything else to say to us after the last meeting. So after the last a a a meeting the discrepancy at the time was that it was built um it was extended more than approved for. Right. Okay. So I I need to put in a special permit at the time. So I put in a special permit. These are new revelations that are coming like that. It might have not been built to code. The drawings were not there and these are all new to me now. So even though um I had a lot of time at a point at that time I my goal was to reapply for the extension. So now I'm being made aware that it might have not been permitted. There was no drawing. It was not built to code. Three items. I I would just like to comment that, you know, due to the situation, the seriousness of occupying the building without an occupancy permit. I mean, this right

here, this is the plan that that he's referring to. And that's uh I mean the permit, it's 220 uh 0094. top right hand corner right above the rendering there's Henry's stamp right there Henry stamp is difficult no and that's showing a porticle that's not showing a two and a half story yeah so so Henry stamped this first he yeah he stamped all all all the drawings he stamped this first we had an amen amendment and then he stamped that also I told him we were not building the a Here's one, Michael. I wasn't I wasn't aware of the occupancy, no occupancy until today. And um you know, that's one of the most serious things in the building code. Told you that. Okay. Um I mean it, you know, this is a could be a you have to move out of the house till you get an occupancy situation. So we cannot be playing games with this at all. So this plan that we have, Eric, it's 05061 that shows some kind of a rendering with the bump out on the front. Yes, that came up somewhere. That's not anything. That was the uh that was the permit for the um uh of the attic and it's not dated. Yeah, that's that's a converting the attic to livable space. Well, it does have a 101923 gate issue. Okay. And then that's that's where the rendering of the of the two and a half story. So somewhere in between these two the the three permits or the two permits, the addition for the garage and the addition on the right side, the front two and a half story front

entryway was kind of magically appeared. So like as I'm I said the first um permit we didn't do that we came for an amendment in that amendment. We don't have any amendments. An amendment is basically a new permit. We would have four permits. Let me find Okay. If you can if you can find it. But um I'm talking like you know tomorrow. This isn't going to drag on. You're living in a house with no occupancy permit. Yeah. So let me the town in serious conditions now that I'm home. I understand. I understand. I understand. Let me look in my stuff, please. Tomorrow. No. So I'll be very bold and say if you don't contact him tomorrow, then we are going to start the process of findings. Yeah, I will. I will look for this information tonight and I'll give him my call tomorrow and I'll email him as well. If I can if you can give me enough where I can issue you a temporary argu if it's a 30-day. I'd prefer to go down that road. All right. You know what I mean? But you you you cannot play games. I'm not playing games. I'm not saying I'm just saying you can't though. Any other comments from the board? We are we going to wait on the extra 3 ft until we find out if it's built to come. Yeah. Yeah. Absolutely. Absolutely. I mean that's my feeling. Oh yeah. Absolutely. Need more information. Yeah. Enough information. Okay. So, this is going to be um postponed until what day, Joe? Oh,

no. No, Mr. Chair. Um June 18th. Next meeting. June 18th. We have a motion to move this to June 18th. Continue to June 18th. Second. All those in favor? I. Thank you. Thank you. I'll see you on June. Okay. Uh, Eric, thank you for coming tonight. Okay. Thank you. Very helpful. Thank you. And, um, stay on this, please. Oh, absolutely. Okay. Thank you. Okay. Anything else from anybody? go. Uh just so the board is aware, um we are gearing up for the Route 40 corridor study. It would be great to have a representative from the zoning board. So start thinking among yourselves who you may be willing to have as a representative if you are willing to have one. We think it would be great to have a representative from the board though. I think we may have one. I'll take it. Mr. Val has volunteered. All right. Thank you. Okay, sure. Great. Uh there's nothing else. We have a motion to adjurnn. Second. All those in favor