Okay, good evening everyone. I'd like to call to order tonight's meeting of the Gardener Zoning Board of Appeals. Uh, today is November 18th. I will go over some of the ground rules by which this board operates.
In gardener, four members out of five of the zoning board must be present to conduct a legal hearing. We actually have five. We have Bob Rice is on conference call. Uh applications will be normally heard
in the sequence in which they appeared in public notice. All hearing shall be open to the public and no person shall be excluded unless he or she is considered to be a hindrance to the workings of the board. Applicant may appear in his or her own behalf or be
represented by agent or attorney. The applicant or his or her representative shall present the case to the board. Representatives of the city shall be heard. A bot to the property present will be heard. Those in
opposition to the application will be heard. The board knows Ringer's decision regarding variance requests within 100 days after the application was duly filed in the office of the city clerk. The board regarding special
permits must render its decision within 90 days after the closing of the public hearing. All four members of the board out of five must vote in favor of the variance of
special permit granted and approved. The right to appeal the decision of this board is available, excuse me, in the office of the city clerk. No variance or special permit or any extension, modification, or renewal
thereof shall take effect until notification from the city clerk that the 20 days have elapsed after the decision has been filed and no appeals have been filed in the registry of deeds
or for the county or district. The board requests that each person identify himself or herself as her name and address before addressing the board. And sitting on tonight's hearings to my far left is David Antea,
Mel Hornet. To my right, Richard Hanks, and myself, Rod's chair. The meeting will be taped and videotaped. Does anyone object to this meeting? To the video taping? No. Be no objections.
The board also requests that all si all cell phones be silenced so as not to ad to prevent any interruptions during the meeting. Okay. The first case before the board, it's a variance request. NH signs for
Oak Street, PID M22-4-57, seeking a sign requirement release. Is anyone here from NH signs? No. We have a request though that Mariola received today
uh that they're going to request withdrawal without prejudice. So, we're going to move forward on that tonight because we do have the verbal request. Unfortunately, the printers are down in city hall right now, so we can't print it out.
So, do I hear a motion to move forward? I would make a motion that that we uh accept a withdrawal of their application without prejudice. Second. >> Okay. Any comments or questions? >> I I would just like to make comment, Mr.
Chairman, that the uh we did receive via email each of us that the person wanted to withdraw without prejudice. So, we're not voting on not having seen it. >> Okay. Any other comments or questions?
None. All those in favor of giving the applicant the withdrawal without prejudice. All in favor? >> I >> I post. >> No opposition. And we'll move on to the next case.
Next case is a special permit case 20125-11-1. Walnut Heritage House Trust 63 Walnut Street parcel ID R27-22-20 Seven multifamily dwelling units new owner
do we have a representative sir John Gau >> please >> sure John Gstau two cutter Lane Westford Massachusetts home address >> thank you >> well this This is just a a resubmitt of
a previously approved request and we are the new owners. We've owned it now for my partner here, myself for less than a month and we want to move forward with the the same plans that had been approved in the past. >> Okay. My question to you, sir, if you've
seen the request, there are conditions that the board put on the approval last time that they were here. >> Yes. And we have attached in our request that approval and we reiterated there were nine specific items addressing that were requested. We reiterated them on a
clean sheet in the very back of our request. >> Okay. And I'm just going to hit the conditions to make sure >> Sure. >> we're on the same page. Okay. The first condition that this board approved the original special permit was with
relevant documents for this project including all construction plans plan of reference. Design drawings for the replacement of the retaining wall and contract with the retaining wall
contractor shall be initialed or other encroachments by the applicant or other endorsement by the applicant relevant contractor and the building commissioner. The endorsement initial is
solely to ensure only that all parties are working with the same current and approved document plans. That's number one. Number two, existing debris around the building and property, including
overgrown brush to be cleared up and cut to improve the site. And that's really what it is. We have two. Those are the two conditions that the special permit was approved with. Um, were you aware of those two?
>> Yes. >> And you're aware of complying with those two? >> Yes. >> Okay. So, the big item though is the first one, the construction plans. Any plans to make any modifications to that
building? The construction contractor's contract that you have and any other contracts that you have with the contractor need to be signed or at least initial and dated by you,
your partner, the contractor and the building commissioner. Okay, you'll follow me because what hap what has happened in the past contractor sat working for one set of
plans building got another set of plans and we had a conflict. So we want to eliminate that. So once you get all your plans, your contracts, everything, please go to the building
commissioner and have her initial and have you initial and your contractor have he can initial ahead of time if he wants. >> Yeah, we would have him sign the contract anyway. >> Okay. So I'm going to ask if any of my
members have any questions and they understand what's happening. >> Yeah. One comment. Did you on the nine uh conditions on special permit did you modify this in any way from the original? >> No sir, it's exactly the same as they
were actually cut and paste to redirect. That was intent was to make a clean copy so you could see on a separate piece a cut and paste of the exact statements that were made in the the previously approved special permit. >> No, that's fine. I just wanted to make sure there was no modifications. >> No, sir. No modifications. >> Okay.
>> Okay. >> Uh Mr. chairman, did are they coming back to us with the plan for us to vote on it after they're signed? >> No. >> No. There's already a special permit in place. Um,
and since the gentleman or the partners are approving everything that's happened, that's their request at this point in time. And that's all nothing can happen. No building permits can be issued. Anything to all that paperwork is submitted to the building
commissioner. Okay. >> I just wanted to be clear on that. >> Are you all set on that, Bob? >> Yep. No questions. >> Okay. And the last one. >> So, if anyone has any questions on this,
>> we didn't vote. >> We didn't? No. >> No. And you didn't ask for any comments. >> I will. Okay, first of all, are there any city officials here? No, there are not. Uh, any abundance to that property
present? Who would like to speak in favor of this application? Any absor opposition to this application? >> Yes. >> Well, what were the others? >> Your name and address, please. >> Oh, Mayor Tyranny.
Mayor Tyranny, 30 Street. So, I'm right behind this property. >> What? >> I'm right behind this property. So, is it my understanding that they're not supposed to be doing anything until they get the building plans approved, resigned, and this is all going back?
>> They should have no permits. >> There should be nothing going on over there. >> Well, to meaning wise, >> both. >> Or just cleaning cleaning the property. >> Both. >> Okay. >> Both because there's all kinds of things going on back there. And there's
bulldozers share them with us. >> Well, there's bulldozers back there moving dirt all over the place. There's construction on the building going on because I can hear it. I mean, I'm not blind. I'm not dumb. So, it's right there and it's going on. And what were the other seven conditions? You said two
conditions. You said cleaning up the brush and the retaining wall. And where is the retaining wall? >> Along the back of the property. >> So, behind the building. >> Yes. So there is no retaining wall.
>> Well, let's put it this way. There was a a retaining partial retaining wall when I did the first we did the first. >> So the first retaining wall is supposed to be improved, fixed, redone. >> They're going to redo a retaining wall.
>> Okay. >> Let me ask the two applicants here. >> What are your plans for the retaining wall in the back? essentially remove and rebuild to a a wheel. >> So, you're going to rebuild it and fix it. >> Yeah, because back then there was debris falling over,
>> branches, >> bricks, you name it. >> So, what are the other seven conditions? >> There's only two. >> Well, he said nine. >> No, those are the conditions for a special permit. >> Those are conditions for a special permit. >> So, what were >> which were all answered
>> when the permit was originally granted. that. So, we can't say anything about that special permit like where where are they going to park? Where are the seven years? >> That's all laid out. >> That's all laid out. >> The plans have all the parking.
>> We can share what we have with you. >> This is the parking. >> So, this this is the parking. So, these are legal spaces. >> Yes. >> Right here. So, they're going to have to enlarge that driveway to make these
parking places and move that wall back because that driveway is right now about this big. >> That's not under consideration tonight. >> Yeah, that's not as >> that's not a thing. >> It's not under consideration.
>> So, they know the size of the parking and they know to make a driveway. There's no major requirements on a driveway side. >> So, but they have seven units. If they're planning on seven units, shouldn't they have 14 parking spots according to the
>> the town? >> One bedroom. >> One bedroom is one parking space. >> Well, that's not what the town told me when I wanted to improve make a driveway. In my driveway, they said I had to have two per unit. Even though >> how many part how many uh
>> I have one onebedroom and a fourbedroom and a twobedroom, but they said I had to have two per unit. So, how come we only now have to have one? >> That's correct. We need one >> one per unit. >> If you have an issue with that, you can take it up with the building commissioner.
>> Oh, okay. So, I can I can put in a um What would I do for that? >> Exactly. >> Tell her you have an issue and go in and talk to her about it. >> Oh, okay. about the parking for this. >> No, this is this is done. >> So So, so this was approved prior
and these gentlemen just purchased this property from the private person that got this approved. So now they need to get the special permit signed to their name. So now they're the responsible party to finish this project out. >> Okay. So they don't have to rep preapprove another special permit,
>> correct? >> To get this done for this project. So, so they we this board I wasn't on it, but this board prior had already had all the public hearings to approve this based on parking the retaining wall and everything else. So, now it's just change of ownership. So, they need to
get this special permit into their name because the special permit goes to the new property owner. They they need to get us to vote to accept that that they are now the new owners. >> And so, there's no way we can like disagree with any of this.
>> No. No. Okay. >> That was that ability happened months ago when they the hearing was being held. >> So if um so I would have to talk to the building inspector about parking and where the retaining >> not on Walnut Street.
>> Not on >> Huh. >> Not on Walnut Street. You can talk to the building commission about your place, >> right? >> But not on Walnut Street. That's already done. >> Oh. All right. >> That's all approved. So, so, so this project was approved back in 2023. >> 2023.
>> So, were you in a butter back then in 2023? >> Yes. >> Then, didn't that was your opportunity to come and speak forward? >> Well, I don't remember. I didn't see anything that said that the special permit was approved because people came to the meeting and they didn't say that the meeting that they didn't say that
the special project the special permit was approved based on the people that came out for that meeting. >> Okay. But you recall there was a hearing. >> Yeah. Yeah. Okay. And the approval did not happen that night, >> right?
>> That was a an information gathering, >> right? >> And there were subsequent meetings >> and there was a a decision meeting held further down and that's when you know conditions were verified, >> right, >> and approval for special park. >> Okay. But in the meantime, so nothing
should be going on over there until they resubmit their plans and there should be no construction. Is are you doing anything over there right now? >> No. >> Do you know who has the bulldozer you said? >> Oh, yes. Yes. Yes. Because I have to keep going out there and checking make
sure they don't uh put their things on my property. >> Excuse me. The neighbor is working on the slope. That is not our problem to clean up. He had cleaned up the trees and a lot of debris and he wanted access. >> If you if you have a complaint, go to the building commissioner. >> Okay.
>> Could I have my paper back? >> Oh, I'm sorry. Thank you very much. >> Did you want to take a picture of it or anything so you can see it? >> Can I do that? >> Yeah, absolutely. >> Can I Can I borrow? >> You can actually go to building commissioner and ask her for a copy of the file.
>> Yeah, I'll go do that after. But this way I can show the other that had questions because apparently he didn't know any of this was approved. So, we have to vote on this. >> Thank you. >> Y >> are there any other individuals that
would like to speak in opposition to this application? None. Uh we have a motion on the table to approve. >> Was there a motion made? >> You made a motion. >> I'll make a motion.
>> We'll do it again. Okay. to approve the new owners >> the new owners on >> and that they are going to comply with the original conditions and etc. >> Second. Okay. Any further questions or comments?
>> Is is there a timeline timeline on this special permit? Is there >> There was no no timeline. >> No. >> All those in favor? >> I I >> I >> Okay. Unanimous approved.
Next case before the board, Patrick J. Kamiski 381 East Broadway partial ID W12-18-4A center auto motor vehicle light service including fuel sales oil and fluids
changes your attorney Glenny from Winon >> yes >> good evening >> Patrick from 58 >> okay floor is yours >> 33 my address is 33 Lincoln Avenue in Washington. Um the business name is
actually Kamiski Automotive. I think the prior owner's name is what you have. Um so this is a automotive repair business that was purchased by the applicant in 2014. Um at that time he didn't realize
that he was supposed to be getting a business permit. He recently went to get a new bank account and they told him he needed a business permit in order to do that which brings us here today. Uh so he's looking for a special permit. Um as to the requirements for a special
permit, the first uh one being that it has to be compatible with the neighborhood character. Um this is a business, like I said, that's been there for decades. It's across the street's an electric engine repair business. Just down the street, there is a boat and
watercraft repair and sales business. A little further down the street, I believe there's a motorcycle sale and repair business. Um, so it certainly is within harmony uh with with the neighborhood. As to the second requirement, um, vehicle and pedestrian
movement within the site and adjacent streets, he has a very large parking area. Access and egress is is very good. Like I say, this business has been there for decades. There hasn't been any um accidents that he can recall the entire time that he's owned the business or any
issues um regarding that. Adequate space for off- streetet parking. Again, he has a large parking area. He has more than enough space for all the business that he does for customers and all the services that he's operating. Um and also for the delivery of goods and
products that he may be required. Number four, uh adequate facilities and utilities for proper operation and disposal of sewage, refuge or other waste. Again, he hasn't had any issue with that. He has all the oils and
things that he uses. He actually has an oil burner that he uses waste oil that he uses to to heat his his building. Um he has all the proper disposal mechanisms on site. as number five, the
proposal does not constitute a nuisance. Um, I guess the best way to say that again, this is a business that's been there for decades and there's been no complaints and no issues the entire time that that business has been there. Number six, it's not substantially
inconvenience or hazard to a butters. I'm going to be repeating myself again. Again, decades of business, there have been no issues. Um, and I don't believe there are any butters that have any objections. Um, the proposal shall be in harmony with the general purpose and
intent of this chapter. It is in harmony. It's the whole purpose of the special permit. It's business that's been there for decades. It's harmony with the neighborhood. Um, it doesn't have a significant detrimental impact on city services. Again, there's been no police activity, fire activity, anything
like such as that. Um, there's no detrimental impact and it's actually adding to the DAX pigs and employment as well for the city. And as far as I know, it's not inconsistent with your uh community development or master plan. And so those are the nine requirements.
Um and I would just urge you to >> Do you have a copy of those? >> I just went through everything. You you didn't include that your your >> It's in my narrative that I supplied with the application. >> Well, I just went through I didn't see >> see what exactly
>> what you just read the nine requirements. The nine the nine issues were in the narrative that I gave a letter when I did the application. I may not have numbered them one through nine. All of those issues were in the same respect.
>> Are you referring to this? >> Yes. Mr. Kamisky, you're not changing any of the business that has been done by the prior owner. No, it's >> pretty much everything's the same. >> Is that correct? >> Yes.
>> How long has that business been in effect? >> You might have to go back a few years >> under me or >> No, originally >> um Charlie Cuisinus built the garage in 2005. That's when he started working.
>> I remember you purchased in 2014. Yes. 11 years ago. >> Yes. So, are you satisfied with your question? >> I am. I was just having a hard time correlating the verbiage to the item. >> Next time I'll
>> Yeah, t t t t t t t t t t t t t t t t t t t typically we like to see we have bullet pointed questions. We usually like to see the answers. >> Well, I I see the narrative. I Yep. >> I will do it that way. Every time's a little different. >> Yeah. Whatever reason I ask, I have I
have to write it up and it's going to be Speaking from the clerk. >> Yeah. Be much easier if I have one that says one, two, right down the line. >> Next time I'll do it so you can cut and paste it. >> Well, Mr. Kamiskio, just why my question
that I asked? I used and I don't know, have you been a resident of Gardener for quite a while? >> Yeah, 22 years. >> You remember Favor Oil Company? >> Yeah. Well, that's where my first I started there uh in front of Janice. I
rented that garage first. >> I worked at Fabros. >> No way. >> And I remember that property up on Right Street. >> Yep. >> And uh going up on 2A. >> Yep. >> Yeah. The the rest home is on that.
>> Yes, that's correct. >> It's closed down. >> And it's got that old dilapitated pickup truck in the front with somebody sitting in the driver's seat. Right. Right. >> Okay. First of all, any There's no
representatives of the city here. Uh, is there anyone here who would like to speak in favor of this application? Anyone who would like to speak in opposition to this application, >> please come up >> and state your name.
>> My name is James Davis. I'm on High Street. I'm in a butter. Uh I've been there a year and a half. Um I just first want to start by saying we've had no issues with the business whatsoever at all. They're very respectful of the neighborhood. Uh never had any any any
troubles. Um my first question is really about the business plan, the scale of what is envisioned, whether there's going to be, you know, open all night mini lot. >> Yeah, I think that's this evening on the
light duty. fuel sales. Nothing. It's an just a garage. We close at 5:30. No fuel sales or anything like that. Staying the same way it is. >> And and then um you're planning to put
in a fuel tank. >> No fuel tank. It's staying exactly the same >> as it is now. You just need >> the way the special permit rules are. It says uh you know light service and fuel sales, but no fuel sales.
>> So I I'm in the for column. I I present myself as being for the proposal as opposed to opposed. I came up at the wrong time. Yeah. Um, so I think >> Oh, yeah. I know that is kind of deceiving and I I tried to get to talk to everybody what was going on, but
>> and sorry if you remember right at the beginning I asked if he was going to do conduct any business different than is being done there today. He said no. If it was a a mini mark, he would be back here again. >> It would not be allowed under the
ordinance without approval by the board. >> Yeah. So, I'm totally good. Okay. So, you're in favor? >> I'm in favor. I'm in favor call. >> Thank you very much. >> Okay. Members of the board have any questions or comments? >> I do.
>> So, actually some of them would have just been raised and answered because you know, like you said, the table uses says fuel dispense and stuff like that, but you you don't do that there. You're not just basic automotive uh oil changes and brakes. That's it. We don't need anything there. >> And you already established you've been
there since 2014. Prior use is the same thing that you would You're doing the same thing that the prior owner did. >> Uh he actually had auto sales too. >> And and you you do no sales. >> No auto sales. >> No sales. >> Those are really my only questions. I
just uh again most things got addressed with that gentleman. So >> Bob, did you hear all that? >> I did and I have no questions. >> Okay, thank you. Mel or David? >> No. >> Okay. Do I hear a motion? What we're
voting on is we're going granting him a special permit to continue the business. Exactly. Because the permit doesn't transfer. He has to get as ask for a new one, but it's going to be identical to what was operating before.
So, special permit to do auto repairs. Is that is that what what we granting you? >> Yes. >> Auto repairs? >> Yes. >> Under no light trucks >> under 40. >> Strictly cars. >> Yeah. Trucks under 34 ton. No.
>> I make a motion that we grant a special permit for light uh excuse me, for auto repair and light trucks at >> all. that causes light service including fuel seals, >> right? >> Well, but >> not a gas station.
>> Not a gas station. >> Oil and fluid changes and >> that's it. That's uh 44. >> 45 vehicle light service include fuel sales, oil and cool changes.
>> Yeah, he doesn't have fuel sales. >> He's not doing fuel. >> Huh? He's not doing fuel. >> No. >> The only fuel you'll have is dry gas. >> Yeah, I don't even use that anymore. >> All right. I make a motion we grant a
special permit to 381 East Broadway. Under the table of uses, item number 45 for motor vehicle light service. Uh he's not doing fuel sales, but oil and fluid changes. Would you read me 44
>> undertaken establish undertaken established vort of funeral homes? >> Item 44. >> Well, here's my book. Here's my choice of
That's why I'm reading number 45. >> Do we have it, Miss? Well, I mean, it was denied under 44, but it it states exactly what you said. >> Yeah. So, there's a >> 45 is motor vehicle light service,
including fuel sales, oil, and fluid changes. Number 45. >> Let's go with 45. >> You're not You're not going to make it into >> uh a football or mortuary, are you? >> It shows 44 on your table.
45. >> How old? >> Marielle, we need an updated uh zoning book. >> September. >> May I say that again, please? >> Sure. >> Does it have a date on there? >> It does. September 13th of 2025. This is
very recent. So, I'm going to change my motion, >> please. that we >> you don't need >> that we grant the special permit to 381 East Broadway under the allowed uses item 44 for motor
vehicle light service. He's not doing fuels uh oil changes and fluid changes. >> Okay. >> Second. >> Okay. This is a base on the table issued
September 13th. July uh no July 13, 2025. >> Thank you, sir. >> 44 was there. >> Okay. >> So, it's up. >> Yeah, that's the updated one. Thank you.
>> Okay. So, all in favor? >> I >> I >> opposition. No opposition. Special permit granted. >> Thank you. >> Okay. Thank you. >> Good luck to you, sir. >> Thank you.
>> Good luck on your business. >> Thank you for coming in. >> Thank you. >> Okay. Anything further before the board. Uh the the minutes have all been signed. There's no other mail or anything like that. So, any questions?
>> Do we have last month's meet meeting minutes? October's >> huh? >> Do we have last month's meeting minutes to approve? >> They were already >> all the um all the ones that we have there. >> Well, this is October.
>> Well, we we had a hearing last month, so we should have meetings there, too. >> Yeah, we should be there. >> I know. >> Yeah, that was never she never issued. I don't know. >> Check the date on that.
>> September. >> October. This is September. >> October. >> And it should be for last month should be for voting and the one before. >> Yeah, but we had a hearing in October. So, we have minutes for October. >> For last month.
>> That's not this. >> Oh, yo slip. That's what I was reading. Yes, I agree. I I signed September, but we >> it it was there because we were missing a couple signatures. >> This should be the one.
You're on that, too. >> This is August voting. >> Okay. So, I'll reframe it. >> Huh? All reframes last month. >> Yeah. I mean, it's not critical that we >> Well, we only had New Hampshire sign. We only had the one thing last month. >> Yeah.
>> Okay. That's it. No further mission. No further business before the board. >> Motion to adjourn. >> Before we do, uh I think I'd like to say we should thank Mr. Antea for his service as he will be leaving. You will
not be attending December. >> I can if you need me. You going away for the winter or going away per permanently on us? >> Pardon? >> You going away just for the winter or >> No, this is I gave my resignation to the mayor. >> Oh, did you really?
>> Yep. 6 months ago >> in December. It'll be 6 months. >> So So you intended that this would be your last hearing? >> Yeah. No. Uh December. >> December. >> Yeah. >> So I can collect my paycheck >> and then give it back.
Well, speaking of, do we we get paid? >> If if that's what you call it. >> David, we want to thank you for your service. >> Thank you, sir. >> It's been a pleasure >> being here. >> Uh you are always interesting because you always had some very probing questions
and we appreciate that. That causes us to think a little bit more and look at things differently. But thank you for that. Thank you. >> And we wish you the best as you go forward. >> Okay. >> Thank you. >> So all in favor we voted. No questions
or comments. >> Meeting adjourned. Bob go back.