Minutes pertaining to the Board of Appeal Meeting held on FEBRUARY 15, 2012 in the Maurice Buck Auditorium, Town Hall, 365 Boston Road, Billerica, MA.

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1 Minutes pertaining to the Board of Appeal Meeting held on FEBRUARY 15, 2012 in the Maurice Buck Auditorium, Town Hall, 365 Boston Road, Billerica, MA. Members Present: Richard A. Colantuoni, Chairman; Doris M. Pearson, Vice-Chairman Joseph P. Shaw, Ralph J. McKenna and Salvatore A. Dampolo. Chairman Richard A. Colantuoni opened the Board of Appeal meeting at 7:00 P.M. He attended the Lisa Ortolani hearing only scheduled for 7:00 P.M. Chairman Colantuoni left the meeting and building for the evening prior to the remaining hearings. Henceforth, Doris M. Pearson, Acting Chairman, conducted the meeting for the remaining nine hearings and swore in those wishing to speak on each petition hearing. After opening the meeting Chairman Colantuoni explained that the Board of Appeal has only four members attending tonight s meeting. Generally, with the usual five member board present, the petitioner is allowed to have one negative vote. The petitioner must obtain a unanimous vote of the four attending members, if they chose to go forward with their petition hearing. All the petitioners chose to have their petition heard with the four attending Board of Appeal members. HEARING #1 LISA ORTOLANI BY JON METIVIER 6 CELTIC AVENUE, BILLERICA, MA LOCUS: 16 PICHOWICZ ROAD (PLATE 35 PARCEL 111) Chairman Richard Colantuoni read the notice of this hearing and swore in those wishing to speak on this hearing. Jon Metivier, representing the petitioner, appeared before the Board of Appeal requesting a SPECIAL PERMIT pursuant to Sections 5.C.1.i.(2)(c) (In-law Apartments) and 5.F (Use Table) of the Zoning By-law to allow an in-law apartment onto the existing house located in a Village Residence Zone Jon explained that Lisa bought her house, with the existing in-law apartment, 17 years ago. She rented it out for a while, but now would like to have their Dad live there to be close to the family, as he ages gracefully. The in-law apartment meets the zoning requirements and has sufficient parking for additional residential vehicles. Mr. Colantuoni said the in-law apartment was there, when she purchased the house. Mr. Metivier said that s correct. She had a renter there for a while, but it has been empty for the past five years.

2 - 2 - Ortolani Cont d: Mrs. Pearson complimented them for following the Special Permit process to make the inlaw apartment legal according to the zoning requirements. Mr. Dampolo said the Special Permit request makes sense to him. Ralph J. McKenna made a motion to close the public hearing, second by Doris M. Pearson. All Doris M. Pearson 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. (For Board of Appeal decision see File No. 12-7) HEARING #2 FB BILELRICA REALTY INVESTORS, LLC FOR BIG LOTS BY ADVANCE SIGN GROUP BY HEATHER DUDKO AND HAZEL WOOD HOPKINS 2 PHOEBE WAY, WORCESTER, MA LOCUS: 480 BOSTON ROAD (PLATE 61 PARCEL 205-1) Heather Dudko, representing the petitioner, appeared before the Board of Appeal for a VARIANCE pursuant to Section 9.G.15 (Wall Sign) of the Zoning By-law to allow a larger wall sign on their building units at the Shops at Billerica F/KA Billerica Mall in a General Business Zone. Big Lots is moving into a unit at the newly renovated Shops at Billerica. Due to the angle of the building, setback and site distance quite a distance from Boston Road, the larger sign is required. It will not pose any safety issues to pedestrians or vehicular traffic. The sign will be internally illuminated with backlit lettering. The Board of Appeal recently granted a Variance, for a similar in size sign, to Planet Fitness. Mrs. Pearson agreed that the larger letters sign is necessary, due to the location of the unit from the roadway, to better serve the public. Mr. Shaw asked, if the sign is the same size as the Planet Fitness sign? Ms. Dudko said it is similar in size. Mr. Dampolo asked, what is the length of the sign? Ms. Dudko said feet long. Mr. Dampolo asked, if she knows the illuminated hours of operation for the sign? Ms. Dudko said she does not now the illuminate hours at this time. Mr. Shaw said usually we allow the signs to be illuminated one hour after closing for the safety of the employees and the public.

3 - 3 - Big Lots Cont d: Bob Stanton, 7 Whitegate Road, N. Billerica, MA said he is concerned with the Planet Fitness truck that is allowed to be at the entrance of the mall. He feels if one does it, many other stores will do the same. Mrs. Pearson suggested he call the Building Department to bring his concerns to their attention. Joseph P. Shaw made a motion to Grant the petitioners a Variance pursuant to the legal ad, plan submitted and testimony given, second by Salvatore A. Dampolo. All in favor. Motion granted. (For Board of Appeal decision see File No. 12-8) HEARING #3 OCEAN REALTY TRUST, DENIS J. FULLERTYON, JR., TR. FOR HIGH OCTANE HARLEY DAVIDSON BY CHARLYN AND DAVID VERACKA 285 GRANGE PARK, BRIDGEWATER, MA LOCUS: 1 CHELMSFORD ROAD (PLATE 15 PARCEL 237-3) Acting Chairman Doris Pearson read the notice of this hearing and swore in those wishing to speak on the hearing. David and Charlyn Veracka appeared before the Board of Appeal for a SPECIAL PERMIT FINDING pursuant to Section 5.F (Use Table) of the Zoning By-law to operate a motorcycle business, with related equipment, in building located in a General Business Zone. They introduced their son, Paul Veracka, General Manger for the High Octane Harley Davidson business. This business was the former Kelly s House of Harley Davidson. Now David, Charlyn and their son Paul would like to operate their business at this location. In order to obtain the license for the High Octane Harley Davidson motorcycle dealership, a Special Permit Finding is required. Mrs. Pearson asked, if the hours of operation will remain the same? Mrs. Veracka said the requested hours of operation are Monday through Friday from 8:00 A.M. to 9:00 P.M.; Saturday from 8:00 A.M. to 7:00 P.M. and Sunday from 10:00 A.M. to 6:00 P.M. Mr. Dampolo asked, if the signs are going to be the same? Mrs. Veracka said they will replace the existing signs with their business name and logo.

4 - 4 - High Octane Harley Cont d: Mr. Shaw suggested, other than their new preferred hours of operation, that this Special Permit Finding decision maintain all the other Special Conditions of the previous decision. Mrs. Pearson explained that it is very important that they read and adhere to all of the Special Conditions of their Special Permit, if approved. Joseph P. Shaw made a motion to close the public hearing, second by Salvatore A. Dampolo. All Joseph P. Shaw made a motion to Grant the petitioners a Special Permit Finding pursuant to the legal ad, plan submitted and testimony given, second by Salvatore A. Dampolo. All (For Board of Appeal decision see File No. 12-9) HEARING #4 LOCUS: PINEHURST PARK CPI, LLC FOR RESONANCE RESEARCH, INC. BY ROBERT L. MAC KEEN 5 FORTUNE DRIVE, BILLERICA, MA 780 BOSTON ROAD AND COOK STREET (PLATE 90 PARCELS and 216-1) Robert MacKeen, S.V.P for Resonance Research, Inc., requested a SPECIAL PERMIT pursuant to Sections 5.C.6(f)(1)(a) (Light Manufacturing) and 5.F (Table of Uses) of the Zoning By-Law to allow a light manufacturing business in a building unit in a General Business Zone. Resonance Research is a MRI neurological imaging research company that has been doing business in Billerica since Originally, we were located on Cook Street, but moved to Fortune Drive three years ago for more space. Now we would like to move back to this larger unit on Cook Street. Resonance Research performs research and development of linear and non-linear gradient coils, supporting amplifier and shim power supplies for the MRI industry. The general hours of operation are 8:00 A.M. to 5:30 P.M. - Monday through Friday. Presently, we are working with the Siemens Research Co. of Freiberg, Germany for early detection of Parkinson Disease, Altzheimer s Disease and Breast Cancer. Recently, he attended an inspiring neurological imaging conference in Germany and their company is very excited about being part of the Siemens team. We conducted many first testing that were outstanding. Mrs. Pearson asked, how much area space is in this Cook Street building? Mr. MacKeen said it has 12,700 ssqure feet of space, which is perfect for our business now.

5 - 5 - Resonance cont d: Mr. McKenna said he is very pleased that they are doing research on Alzheimer s disease and hopes that they find a cure for it and many other diseases soon. Mr. MacKeen said he is very ecstatic about their progress so far. Mr. Dampolo asked, how many employees do you have and do you have enough parking spaces for everyone? Mr. MacKeen said there are 17 employees with 24 parking spaces available for their business use. Mr. Dampolo said this appears to be a wonderful research company and wished them continued success at this new location. Joseph P. Shaw made a motion to Grant the petitioners a Special Permit pursuant to the favor. Motion granted. (For Board of Appeal decision see File No ) HEARING #5 LINDA M. ROMKEY FOR KEVIN AND LINDA CROWLEY LOCUS: 101 LEXINGTON ROAD (PLATE 88 PARCEL 107) Kevin and Linda (Romkey) Crowley appeared before the Board of Appeal for a VARIANCE pursuant to Sections 7.D. (Setbacks) and 7.L (Dimensional Table) of the Zoning By-law to allow the petitioners to build a temporary structure on their land in a Village Residence Zone. The petitioners own a very expensive recreational vehicle. They need to build the temporary shelter to protect it from adverse weather conditions that causes severe fading and peeling of the vehicle. There is no other place on their property to safely store their recreational vehicle. In order to build the temporary structure, a Variance is required. Mrs. Pearson asked, why did you park the vehicle at that location? Mr. Crowley said that is the only place that he could locate the vehicle safely away from the children s play area and a safe entrance and exit on their property. Also, the topography of the back of our property. He showed pictures of his house, property and the location of the tented recreational vehicle. Linda Crowley said we had another uncovered motor home for 12 years that peeled and deteriorated due to the New England weather. We bought this expensive motor home that we now need to keep covered to prevent deterioration from the seasonal elements.

6 - 6 - Crowley cont d: Mr. McKenna asked, if they use it regularly for camping? Mr. McKenna said at one time he was interested in buying a camper, but was voted down by the family. Mr. Crowley said he does a lot of auto racing and travels, often with his family, all over the country throughout the year. Mr. Dampolo said it looks like you take good care of your home and property. He has no problem with this temporary structure request for their recreational vehicle. Mrs. Pearson asked, if this is a temporary structure? Mr. Crowley said yes. If we were to move, we definitely would take it with us. Mr. Shaw said it appears that there is no other place on your property to locate the vehicle. Mr. Crowley said that s correct. Michele A. Dabrieo, 3 Patricia Road said Kevin and Linda and their children live across the street and they are a class act. They maintain their home and land and she has no problem with the temporary structure request for their recreational vehicle. It looks very tasteful there. Joseph P. Shaw made a motion to Grant the petitioners a Variance pursuant to the legal ad, plan submitted and testimony given, second by Salvatore A. Dampolo. All in favor. Motion granted. (For Board of Appeal decision see File No ) HEARING #6 CONCORD RIVER REALTY INC DANIEL TURCO FOR WICKED CHEESY PIZZA, INC. BY BRIAN SCHOFIELD, 91 EMILY ROAD TEWKSBURY, MA LOCUS: 240D NASHUA ROAD (PLATE 76 PARCEL 281-0) Daniel Turco and Brian Schofield appeared before the Board of Appeal for a SPECIAL PERMIT pursuant to Sections 5.C.6b(2)a, 5.C.5c.(2.(c), (Restaurant Use) and 5.F (Use Table) of the Zoning By-law to operate a restaurant in a building unit in a General Business Zone. Currently, Brian has a Wicked Cheesy Pizza restaurant in Tewksbury. Now he would like to expand his business to Billerica at this location, which requires a Special Permit.

7 - 7 - Wicked Cheesy cont d: Mr. Shaw asked, what are your hours of operation? Mr. Schofield said the hours of operation are Monday through Friday from 11:00 A.M. to 9:00 P.M., Saturday 11:00 A.M. to 10:00 P.M. and Sunday 12:00 Noon to 8:00 P.M. Mr. Shaw asked, if everything else will stay the same? Mr. Schofield said yes. Brian Reese, 2 Larchwood Road, said he abuts this property and is concerned with all the graffiti on the building, the fence abutting their land is in disrepair and the area is a hangout for the young people. We have had to call the police several times due to the noise, the language and the trash they leave behind. They cannot open their windows or sit outside due to these concerns. Dan Turco said they are in the process of upgrading the property and building. He does not think the fence is on his property. He is willing to work with the abutters with the concerns about the affects on their lives and property. The Board of Appeal members agreed that Dan Turco, the property owner, address the abutters concerns regarding the graffiti on the building and his overall property in a timely manner. Mrs. Pearson wished Brian Schofield much success with his business at this location and explained they must adhere to all the Special Conditions of his Special Permit for this restaurant, if approved. Joseph P. Shaw made a motion to Grant the petitioners a Special Permit pursuant to the favor. Motion granted. (For Board of Appeal decision see File No ) HEARING #7 CONCORD RIVER REALTY INC. FOR DORA CAFÉ, INC. BY VICTOR C. FELIX, 53 MAURICE STREET, MEDFORD, MA LOCUS: 240C NASHUA ROAD (PLATE 76 PARCEL 281-0) Daniel Turco and Victor Felix appeared before the Board of Appeal for a SPECIAL PERMIT pursuant to Sections 5.C.6.b.(2)(a), 5.C.5.c.(2.(c) (Restaurant Use) and 5.F (Use Table) of the Zoning By-law to operate a restaurant in a building unit in a General Business Zone.

8 - 8 - Dora Café cont d: Victor Felix would like to operate a restaurant in the building unit at 240C Nashua Road, which requires a Special Permit. He plans to serve mostly breakfast and lunch items. Currently, there is seating for 16 customers. Mr. Shaw asked, what are your hours of operation? Mr. Felix said his business hours of operation will be from 5:00 A.M. to 6:00 P.M. Mr. Dampolo asked, when do you plan on opening your business? Mr. Felix said as soon as we meet all the building department requirements. Mrs. Pearson wished Victor Felix much success with his business at this location and explained they must adhere to all the Special Conditions of his Special Permit for this restaurant, if approved. Joseph P. Shaw made a motion to close the hearing, second by Ralph J. McKenna. All in favor. Motion granted. Joseph P. Shaw made a motion to Grant the petitioners a Special Permit pursuant to the favor. Motion granted. (For Board of Appeal decision see File No ) HEARING #8 LISA LUTHER, ALICE VERA AND JOHN B. BALBONI, TRS. OF FOUR FUTURE REALTY TRUST FOR PIECE AH CAKE BY GINA FERNANDEZ 4 HARNDEN ROAD, BILLERICA, MA LOCUS: 880 BOSTON ROAD, UNIT #9 (PLATE 99 PARCEL ) Gina Fernandez appeared before the Board of Appeal for a SPECIAL PERMIT pursuant to Sections 5.C.c.(2)(m) (Fast-Order Food Establishment) and 5.F (Use Table) of the Zoning By-Law to operate a restaurant in a building unit in a General Business Zone. Previously, Gina had a larger store with 1,800 square feet of space on the other side of Boston Road. Now she would like to operate the Piece Ah Cake ice cream store in Bay #9, with 700 sqaure feet of space, at the 880 Plaza. There will be about three employees. She does not intend to have customer seating. They sell ice cream, ice cream cakes, slushies and related products. Mrs. Dampolo asked, if this is mostly take out? Ms. Fernandez said yes.

9 - 9 - Piece ah Cake cont d: Mrs. Pearson asked, what are the hours of operation? Ms. Fernandez said the requested hours of operation are from 9:00 A.M. to 10:00 P.M., seven days a week. Mr. Shaw suggested the hours of 10:00 A.M. to 10:00 P.M. Ms. Fernandez agreed to his suggestion. Joseph P. Shaw made a motion to Grant the petitioners a Special Permit pursuant to the favor. Motion granted. (For Board of Appeal decision see File No ) HEARING #9 AMANDA GIROUX 14 GREENVILLE STREET, BILLERICA, MA LOCUS: 7 EDGEBASTON ROAD (PLATE 82 PARCEL 156-0) Amanda Giroux appeared before Board of Appeal for a SPECIAL PERMIT pursuant to Sections 5.C.1.i.(2)(c) (In-law Apartments) of the Zoning By-law to allow the petitioner to maintain an in-law apartment onto the existing house located in a Village Residence Zone. Amanda will live in the existing house. Her mother will live in the in-law apartment. The in-law apartment is connected to the main house by a closed porch. The in-law apartment does not exceed the 800 square foot requirement. There is sufficient space for the additional residential vehicles in their existing driveway. Her bank is awaiting the Special Permit before she can close on the house with the in-law apartment. Mrs. Pearson said this is an existing in-law apartment. Ms. Giroux said yes. Mr. Shaw asked, if the second floor is part of the original house? Ms. Giroux responded yes. The in-law apartment is on one level. Mr. McKenna asked, if the in-law apartment is separate from the main house? Ms. Giroux said the in-law apartment is attached to the main house enclosed porch.

10 Giroux cont d: Joseph P. Shaw made a motion to Grant the petitioner a Special Permit pursuant to the favor. Motion granted. (For Board of Appeal decision see File No ) HEARING #10 YULIYA BABASIEYEVA LOCUS: 1 WHITEGATE ROAD (PLATE 35 PARCEL 11) Yuliya Babasieyeva appeared before the Board of Appeal for a pursuant to Sections 5.C.1.i.(2)(c) (In-law Apartments) of the Zoning By-law to allow an in-law apartment in the existing house located in a Neighborhood Residence Zone. Yuliya recently purchased the house, with an existing in-law apartment in the lower level. Yuliya will live in the existing house. Her brother will live in the in-law apartment. The inlaw apartment does not exceed the 800 square foot requirement. There is sufficient space for additional residential vehicles in the driveway. She is in the process of having the whole house renovated and hopes it will be finished in time for her brother to take residence in the in-law apartment in the near future. Mr. Dampolo said you will be living in the main house? Ms. Babasieyeva said yes. Mr. Shaw asked, what is the mechanical room shown on the plan? Ms. Babasieyeva said that is where the heating system is located. Bob Stanton, 7 Whitegate Road said he thinks it is a good to see that they are renovating the house. Already it is looking very nice. He is in favor of the Special Permit request for the in-law apartment. Joseph P. Shaw made a motion to Grant the petitioners a Special Permit pursuant to the favor. Motion granted. (For Board of Appeal decision see File No )

11 OTHER BUSINESS - BOARD OF APPEAL MEETING - FEBRUARY 15, 2012 Ralph J. McKenna made a motion to accept the minutes of the Board of Appeal meeting on January 11, 2012, second by Doris M. Pearson. All Doris M. Pearson made a motion to adjourn the February 15, 2012 Board of Appeal meeting at 10:15 P.M., second by Ralph J. McKenna. Next Meeting: March 21, 2012 Respectfully submitted, Joseph P. Shaw, Acting Secretary

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