Zoning Board of Appeals

City Of Attleboro, Massachusetts ZONING BOARD OF APPEALS GOVERNMENT CENTER, 77 PARK STREET ATTLEBORO, MASSACHUSETTS 02703 TEL 508.223.2222 FAX 508.222.3046 MINUTES AUGUST 9, 2018 In accordance with the provisions of Massachusetts General Laws, Chapter 40A, as amended, the Zoning Board of Appeals held a public meeting on Thursday, August 9, 2018, at 6:30 p.m. in the Municipal Council Chambers , 77 Park Street, relative to the following: Zoning Board Members Present: Chairman Keith Hutchings, Kathy Rautenstrauch, Kent Richards, and Sandra Varrieur Zoning Board Members Absent: Cathy Merkle The Board heard the continued public hearing for Case #5376, the application of Mark and Louis Cooper for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4(3) TABLE OF USE REGULATIONS to construct a three–unit, multi–family dwelling; the subject premises being located at 90 Maple Street, more specifically Assessor ’s plat #46, lot #62A, located in the General Residence –A zoning district. Speaking in favor of the petition was attorney Edward Casey who requested to withdraw the application without prejudice. Chairman Hutchings made a motion to allow the petitioners to withdraw their application without prejudice the request. Mr. Richards seconded the motion. All voted in favor to allow the petitioners to withdraw their application without prejudice the request. The Board heard the continued public hearing Case #5410, the application of Petro Gas Group New England, Inc. for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to extend a pre–existing, non–conforming use to accommodate the construction of a new gas station and convenience store; a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–4.4.5 DESCRIPTION OF SCREENS to vary/reduce the minimum bufferyard requirements; a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–16.3 ADMINISTRATION to install a free–standing sign that does not comply with the provisions pursuant to §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS ; variances pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirements pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to install signs and a canopy over the fuel dispensers; and a variance pursuant to §17–8.9 VARIANCES from the minimum distance between the driveway and intersection of street lines requirement pursuant to §17–5.8(H) PARKING AND LOADING SPACE STANDARDS , the subject premises being located at 939 and 947 Newport Avenue, more specifically Assessor ’s plat #18, lots #486 –#492, located in the Sing le Residence –A zoning district. Speaking in favor of the petition was attorney Edward Casey. He began by reviewing the information discussed at the previous public hearing. Speaking in favor of the application was Hal Choubah of Choubah Engineering who stated that he made a full presentation last month but that he would be happy to answer any questions. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 1 Attorney Casey reviewed the forms of relief that they requested as well as the comments contained in the Planning Staff report. He affirmed that the proposed sign is not an electronic message board type sign. Speaking in favor of the application was Gary Sadler, the architect. He explained that at the previous public hearing, the Board expressed concern about the illuminated signs at the gables. He stated that the applicant has since decided to scrap the proposed internally illuminated signs and instead proposed gooseneck lamps. He said the lights would be on a timer and would turn on and off in coordination with the hours of operation. Speaking in opposition was Jeff Ogara of 7 River Drive. He said that he had been following the project for a while and was trying to understand how the hours of operation were derived. He stated that opening at 5:00 a.m. is very early. He said the light from the business will spray onto abutting properties and be bothersome to the residents. He stated that the whole site will be illuminated for much of the day during the winter season and asked that the Board to consider such impacts on neighboring residents. Speaking in opposition was Mary Chun of 15 River Drive. She expressed concern about the additional hours of operation that the petitioner requested. She stated that they already hear the truckers when they come in to Grampy’s, and noted that with 7–11 being a well–known convenience store, it will no doubt bring much more traffic and noise to the area. She said it is not fair to the residents that have to live there and hear it all the time. Mr. Ogara stated that the later the business stays open selling diesel fuel, the more truckers there will come to the station. Chairman Hutchings asked Mr. Ogara what he thinks the current business hours are at Grampy’s. Mr. Ogara stated that he thinks they are 8:00 a.m. to 8:00 p.m. Attorney Casey stated it would be acceptable to the applicant to close at 10:00 p.m. but he emphasized that the morning opening hour of 5:00 a.m. is very important to the business model. Senior Land Use Planner Stephanie Davies asked for clarification on the surface area of the signs. Mr. Sadler stated that the wall sign contains a surface area of 85.3 square feet, that the gable signs contain a surface area of 24.9 square feet, and that the specifications for the pylon are shown in the site plan. There being no one else to speak, the public hearing was closed. The Board heard the public hearing for Case #5407, the application of John E. Case, III for a variance pursuant to §17–8.9 VARIANCES under §17–5.9( A) GENERAL PARKING AND LOADING SPACE STANDARDS to allow parking closer than fifteen (15′) feet to the street lot line, the subject premises being located at 0 Turner Street , more specifically Assessor ’s plat #16, lot #241 located in the General Residence –A zoning district. The Board heard the continued public hearing for Case #5407, the application of John E. Case, III for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4(#9) TABLE OF USE REGULATIONS – RESIDENTIAL to construct a residential cluster development consisting of three (3) two–family dwellings, the subject premises being located at 0 Turner Street, more specifically Assessor ’s plat #16, lot #241 located in the General Residence –A zoning district. Speaking in favor of the petition was attorney James Lewis. He discussed the variance request. Speaking in favor of the petition was Dan Campbell of Level Design Group. He presented the site plan and noted that they need an 8–foot variance from minimum 15–foot setback between the off–street parking area and ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 2 the property line. He noted that the parking stalls do not meet the 15–foot setback requirement from the property line. He stated that the groundwater is less than 4–feet below the surface. He said that more than ¾ of the lot is wetlands and floodplain. He stated that this forces the project towards the front property line. He stated that the layout of Turner Street has a variable width, ranging from 32–feet to 50–feet. He stated that the pavement width varies from 28–feet to 40–feet. He said the road is not straight. He explained that the significance of the street layout is that the proposed parking stalls are more than 15 feet off the edge of the pavement. He noted that at one corner, the stall is as much as 19.6 feet from the pavement. Attorney Lewis stated he would like to get some indication from the Board as to whether they would consider granting the variance because that would control whether they keep the current site plan. Chairman Hutchings asked how many parking stalls are proposed. Mr. Campbell stated 14 stalls. Attorney Lewis reviewed the staff report. He stated that no part of the project is within the 100–year floodplain. He stated that they would not need relief for the total number of parking stalls. He noted that the Conservation Commission public hearing for stormwater is scheduled for August 15. He stated that the units all have three bedrooms. He stated that the architectural elevations would be provided at the final design phase. He noted that the distance between the two front buildings is 10 feet. Mr. Campbell presented alternative designs for the site and described the options. Chairman Hutchings asked if there was any thought to moving the two front buildings closer to the street and putting all the parking to the back. Mr. Campbell stated they would still need the variance and there wouldn’t be any backyard for the residents. He stated that the developer wants to provide yards for the residents. Chairman Hutchings said his concern was that there are too many proposed driveways and that the site is near a street corner. Attorney Lewis stated that even though the proposed development is a residential cluster, future owners are looking for their own piece of land. He stated that the owners like their own driveway, their own land that is dedicated to their own use, and so forth. He stated that the Board’s suggestion is doable, but it is not optimal in terms of what people are looking for. He stated that it is not where the market it right now. Chairman Hutchings stated the market is not the Board’s concern. He stated there is no place on the premises to accommodate overflow parking. Attorney Lewis stated that Mr. Case just constructed four two–families in North Attleborough and the units are not really demanding that much parking. Ms. Davies questioned the intensity of the site and the proximity of the units, particularly the distance between the front two units. Chairman Hutchings stated that the Board is not going advise the developer how to draw the site plan and which variation it prefers. He stated that in his opinion, he would eliminate one of the proposed buildings. He stated that the developer needs to decide what he wants to propose to the Board. Attorney Lewis submitted a letter from a realtor. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 3 Speaking in opposition was Tim Fontaine of 8 Mendon Road. He provided aerial photographs of the two recently constructed residential buildings that are located adjacent to the proposed development site. He noted that those units are 20 feet apart. He stated that he is opposed to Mr. Case filling in the swamp. Chairman Hutchings said the Conservation Commission would not let them fill it in wetlands. Mr. Fontaine stated that an 18–wheeler came down the street and it had to back up because it could not make the turn onto Turner Street. He said the curve is very tight. He stated that he could deal with a smaller development but that three two–families is way too many. He stated that the neighboring four–unit dwelling sometimes has as many as 15 parked vehicles. Speaking in opposition was Karen Foley of 37 Mendon Road. She stated that her property abuts the development site. She said she did not think three two–families could fit on the property. She said there are traffic problems in the neighborhood. She said they already have issues with cars and trash associated with the 4–unit multi–family there and this proposal will make things worse. She stated that there are no curbs or sidewalks in the area and parking will be difficult. She also noted that the proposed development will just make it that much more congested. There being no one else to speak, the public hearing was continued. The Board heard the public hearing for Case #5412, the application of Jason P. Rosa for a variance pursuant to §17–8.9 VARIANCES under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS from the minimum rear yard setback to accommodate an in–ground pool, the subject premises being located at 24 Ledgewood Circle, more specifically Assessor ’s plat #197, lot #8K, located in the Single Residence –D zoning district. Speaking in favor of the application was Jason Rosa of 24 Ledgewood Circle who explained that he had an in–ground pool installed and that its location and orientation were determined based on setback requirements from the lot and the wetlands. He stated that the site was marked out when the land was cleared. He said that he thought the property boundary was flagged and the measurements were made off the flag. He said that they measured 15–feet then although they added an additional 3–feet to be safe, the surveyor found a problem. He said that when the as–built was completed, the surveyor identified the property lines in a different location from the flags resulting in the northeast corner of the pool encroaching 5–feet into the rear yard setback. He explained that it was not intentional. There being no one else to speak, the public hearing was closed. The board heard the public hearing for Case #5413: The application of Robert Betts for a variance pursuant to §17–8.9 VARIANCES under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS from the minimum front yard setback to accommodate the addition of a mudroom to a single family dwelling, the subject premises being located at 58 Juniper Avenue, more specifically Assessor ’s plat #103, lot #72, located in the Single Residence –B zoning district. Speaking in favor of the application was Robert Betts of 58 Juniper Avenue who stated that he is proposing to construct a 10'x15' mudroom that will be located within the required minimum front yard setback requirement, as measured from the front property line along the Calvin Street side of the property. He stated he is requesting a variance of two (2') feet. Ms. Davies asked if there is a sidewalk on Calvin Street. Mr. Betts replied no. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 4 Ms. Davies recommended that the Board add seven (7') feet to the variance to account for the sidewalk area within right–of–way layout. The Board concurred. There being no one else to speak, the public hearing was closed. The Board heard the public hearing for Case #5415, the application of Heather Holness for a variance pursuant to §17–8.9 VARIANCES under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS from the minimum front yard setback requirement, and for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to alter a pre–existing non–conforming single family dwelling to construct an addition, the subject premises being located at 854 Park Street, more specifically Assessor ’s plat #199, lot #2, located in the Single Residence –D zoning district. Speaking in favor of the application was Heather Holness. She stated she would like to add an in–law apartment to her house. She said she has two kids and wants to have a bigger house so her grandmother can live there and be closer to them. She explained the site plan and the variance that she requested. She presented the architectural plans. Chairman Hutchings wanted Ms. Holness to understand that the addition would not make the existing house a two–family dwelling and that the addition could not be rented as a separate living unit. Ms. Davies explained that there are wetlands to the rear of the lot. She stated that Ms. Holness would need to file an application with the Conservation Commission. Diane Cavanaugh of 844 Park Street spoke in. She said she had concerns with the proposed addition. There being no one else to speak, the public hearing was continued. The Board heard the public hearing for Case #5411, the application of Maged Youssef for a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–3.5(#16) TABLE OF PRINCIPAL USE REGULATIONS – RETAIL , SERVICE , COMMERCIAL to construct a car washing establishment, the subject premises being located at 80 Pleasant Street, more specif ically Assessor ’s plat #28, lot #201, #201A, and #201B, located in the General Business zoning district. Speaking in favor of the application was Mary Youssef who stated that they want to convert the existing gas station/auto repair business into a carwash. She stated that they do not have a good mechanic, her father is getting older, and they are trying to establish a better business on the site. She stated that the part of the building is for the retail component and the rear of the building would be converted to the car wash. She stated that cars would enter the carwash from the back of the building and drive through. Chairman Hutchings asked whether any exterior renovations to the building or additions are proposed. Ms. Youssef replied no. Chairman Hutchings asked about the hour of operation. Ms. Youssef stated that they would ask for the same hours as the gasoline station, which are 5:00 a.m. to 11:00 p.m. Mr. Richards asked if there was a blower/dryer system and if there are any residential uses in the vicinity. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 5 Ms. Youssef said that there are no residential neighbors. She stated that Subway and AutoZone are their nearest neighbors. Speaking in favor of the application was Joseph Youssef who explained that the carwash would basically be self–serve operation with a touch screen for the desired services. He stated that noise would be minimal as the doors would close when the car is being washed. There being no one else to speak, the public hearing was closed. The Board heard the public hearing for Case #5414, the application of Rhett Butler of E.R. Butler & Co. for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to continue a pre–existing, non–conforming use to allow for light manufacturing and storage, the subject premises being located at 561 Newport Avenue, more specif ically Assessor ’s plat #64, lot #60, #62, and #63A, located in the Single Residence –B zoning district and General Residence –A zoning district . Speaking in favor of the application was attorney Edward Casey who stated that the Board may be familiar with this property because he appeared before the Board some time ago with an application from the Arc to convert the Sadler mill building into multi–family housing. He stated that the Board might recall that the neighbors had concerns about the intense multi–family use, anticipated traffic congestion, and so forth. He stated that the Arc was able to work through the issues, the Board granted the relief, and Michael Andrade of the Arc then pursued the financing. He stated that ultimately, the project was not realized because there was a change in the funding program at state level. He explained that he realizes that he needs to demonstrate that the previous manufacturing use has not been abandoned. He stated that the owners of the Sadler Bros. building and the Arc have continued to make use of the building for storage of supplies and therefore there has been no formal abandonment of the industrial use. Attorney Casey stated that Mr. Butler has a factory in Braintree but that he has a great urgency to find a new place. He stated that Mr. Butler saw the historic pictures of the property and hopes to restore the building and make use of it for light manufacturing and storage. He explained that they held a neighborhood meeting to present and explain the proposal to the area residents. He stated that the applicant is contemplating the relocation of six full–time workers with up to three part–time employees. He said that the proposed hours of operation are 7:30 a.m. to –4:00 p.m., Monday through Friday. He stated that customers would not come to the site and that deliveries would be made by Fedex and UPS during normal business hours. Speaking in favor of the application was Rhett Butler who stated that E.R. Butler & Co. recently purchased the WC Vaugh Company, which has been in business since the 1800s. He stated that the beginning of their history starts in Attleboro. He stated that he looked extensively for places to relocate his company and when he saw the image of this old factory, he thought it was an interesting building. He stated that he moved the company to a temporary space for the time being in order to have time to file the special permit application for this site. He stated that he has been speaking with Ned Connors, who prepared a National Register application. He said he has also been speaking with a neighboring architect, Scott Winkler. He said there are lots of historical documents to support his endeavors to bring the building back. He reiterated that the business will have a very minimal impact on the area. He stated that he has few employees. He noted that the building contains an area of 15,000 square feet and he currently uses 7,500 square feet, so it represents an expansion opportunity. Mr. Butler reviewed the comments contained in the Staff Report. He stated that approximately 50% of the building would be devoted to manufacturing and 50% would be devoted to storage. He stated that they have adequate parking. He stated that the site’s lighting is minimal, as it consists of accents on the front door and loading bay. He said they are not interested in very bright lighting or security lighting. He showed the Board the wall signage by way of a historical photograph and stated they would like to mimic that wall sign for the proposed use. He stated that their intent for the residential building is to bring it back to a single–family house and to restore it. He stated he understands it was the original fire station for South Attleboro and as the neighborhood grew, it was repurposed as a community house for the workers. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 6 Kent Richards asked for more information on the type of operations they propose. Mr. Butler stated that they manufacture door hardware. He stated that they have several facilities including machining centers, finishing centers, and storage. He stated that almost all of the machining is performed by others. He stated that they do light drilling, polishing, sanding, polishing, and grinding. He stated that they absorb and filter all of the dust and it exhausts clean. He stated that their largest piece of equipment is the air exhaust system. He stated that they use an environmentally friendly polisher and all waste is legally removed. Chairman Hutchings asked if there are ducts or fans that would generate noise. Mr. Butler stated that the only noise is generated by the air filtration system, which can be vented straight up into the air. Attorney Casey stated that one of the findings they have to overcome is whether the proposed use would be less intense than the previous non–conforming use. He explained that the abutters showed up at the neighborhood meeting and were concerned about the prospect of a light manufacturing use, but when the applicant explained the project, the abutters were more comfortable and even suggested they would be in support of it. He stated that if the application were to be denied, the City would be left with a building that is not economical for conversion to residential and would continue to be an economic hardship to the Arc. He stated that one of the questions in the staff report was about the house on the property. He said that Mr. Butler plans to use it as a place where he might stay, or visiting people could stay. He said the neighbors were concerned about potential traffic on Park Place. He stated that if the Board were to grant the relief, the neighbors would appreciate the prohibition of parking on the lot on the Park Place side. Speaking in favor of the application was Gerry Turcotte 542 Newport Avenue who stated that the neighbors asked pointed questions about potential machining at the site, but ultimately were satisfied by the explanations. He stated that it speaks well to the applicant that the residents from Park Place are not in attendance at tonight’s meeting. He stated that he thinks this is a better use than the previous multi–family development, which would have generated a lot of traffic. He stated he was very happy to hear of the importance the applicant places on the historical significance of the building. He stated it could be an anchor for the first historical district in the City. He stated that there are approximately 20 houses directly associated with the Sadler Property, and the district could go to the Newell Burial Ground, where many Sadlers are buried. He noted that a number of houses in the area date to the 1700s. There being no one else to speak, the public hearing was closed. The Board heard the public hearing for Case #5416, the application of Marcus Vitali DBA Delizioso ’s Restaurant for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to expand a pre–existing, non–conforming use to allow for the serving of beer and wine, the subject premises being located at 1282 Park Street, more specifically Assessor ’s plat #87, lot #80, located in the Single Residence –D zoning district. Speaking in favor of the petition was attorney Stacey Nye–Buckley who stated that although Marcus Vitale has already been approved for the liquor license, he also needs the special permit from the Zoning Board to expand the food service establishment to serve beer and wine. She stated that the hours of operation would be 10:00 a.m. to 10:00 p.m. Tuesday through Sunday. She stated that Mr. Vitale has two employees during the week and three to four full–time employees during the weekend. She said their business is primarily take–out. She stated that the dumpster is not screened, but Mr. Vitale was willing to screen it. She stated that there are 5 tables and 17 seats in the restaurant. She stated that there are 8–9 off–street parking spaces in front of the restaurant. She stated that Mr. Vitale is asking for the ability to serve alcohol to increase income and that in order to do so, he needs a special permit from the Zoning Board to expand the pre–existing food service establishment. She stated that people will not sit and watch the Patriots game all night long, but rather have a ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 7 glass of wine or beer with pizza. She stated that she did not believe that serving alcohol would cause an increase in noise or reduce safety. She stated that there would be no impact to stormwater, sewer, or water. Chairman Hutchings asked if the bar would be full service. Attorney Nye–Buckley stated that her client would serve only beer and wine. Chairman Hutchings stated that he realizes the building is an existing restaurant and existing situation, but he thought the proposed alteration could have a negative impact on the site. He stated that people currently just grab a pizza but he asserted that the intent is for people to stay a little longer, so the availability of parking becomes an issue. Speaking in opposition was Geoffrey Devolve of 50 Steere Street who stated that he had lived there for several decades and had seen the decline in the building. He noted that there is not a lot of room on the lot and did not think there was enough to accommodate an increase in business. He said he did not want to see more activity. He said he did not want to see beer and wine sold there. He noted that the Fire Department has an active station across the street and that when business improves with the sale of beer and wine, it would create a conflict with the station. He said with more customers, there will be more cars and the need for more parking. He said there is not enough room for more activity on the site. He said with the previous owner, cars were sometimes parked on Steere Street that caused difficulty for the Fire Department. He said the appearance of the building is poor. He stated that the original special permit that was issued required a special permit between the site and an abutter. He noted that it was never installed. The petitioner was informed that the site plan was not acceptable and was required to submit a revised site plan. There being no one else to speak, the public hearing was continued. The Board held a business meeting. The Board discussed Case #5409, the application of Cardi’s Furniture for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS and under §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS to replace the display of an existing sign with an electronic message center, the subject premises being located at 999 Newport Avenue, more specif ically Assessor ’s plat #18, lot #500 and #500A, located in the Planned Highway Business zoning district. Attorney Ed Casey appeared before the Board and distributed diagrams illustrating the foot candles that would be produced by the proposed sign and the existing street lights in the vicinity of the sign. He explained that he hoped these images would address the concerns raised by the Board at the last meeting. He stated that he did not believe that the residents would be able to notice the new LED sign because they have two bright street lights that are in close proximity and which project much more light. He stated that the second plan also shows the anticipated foot candle measurements of 0.121 foot candles at 250–feet away from the sign. He said they are requesting that the sign change every 10 seconds. He stated that the sign will adhere to all state and federal guidelines for billboard signs. Ms. Davies asked if the applicant would oppose a duration of 20 seconds between sign changes. Attorney Casey answered that at the last meeting, the sign engineer stated that 10 seconds is the industry standard. Ms. Varrieur asked if the plan is to use the same base. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 8 Attorney Casey stated that yes, the existing pylon will remain. He stated that the 14′x48′ cabinet will be removed and a new one will be installed. Keith Hutchings made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON–CONFORMING USES, STRUCTURES, AND LOTS to alter a pre–existing non–conforming use by replacing the display of an existing sign with an electronic message center, as detailed in the documentation submitted by Jim Shimmin and Jim Bradford of Formetco, 2963 Pleasant Hill Road, Duluth, GA 30096, dated July 17, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Keith Hutchings made a motion to grant a special permit pursuant to §17–6.0 NON–CONFORMING USES, STRUCTURES, AND LOTS to alter a pre–existing non–conforming use by replacing the display of an existing sign with an electronic message center, as detailed in the documentation submitted by Jim Shimmin and Jim Bradford of Formetco, 2963 Pleasant Hill Road, Duluth, GA 30096, dated July 17, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Keith Hutchings made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–16.9 TABLE OF PERMITTED SIGNS AND DIMENSIONAL REGULATIONS to alter a pre–existing non–conforming use by replacing the display of an existing sign with an electronic message center, as detailed in the documentation submitted by Jim Shimmin and Jim Bradford of Formetco, 2963 Pleasant Hill Road, Duluth, GA 30096, dated July 17, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5410, the application of Petro Gas Group New England, Inc. for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to extend a pre–existing, non–conforming use to accommodate the construction of a new gasoline station and convenience store, a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–16.3 ADMINISTRATION to install a monument sign that does not comply with the provisions pursuant to §17–16.9 TABLE OF PERMITTED SIGNS AND DIMENSIONAL REGULATIONS , variances pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirements pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to install signs and a canopy over the fuel dispensers, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–4.4.5 DESCRIPTION OF SCREENS to vary/reduce the minimum bufferyard requirements, and a variance pursuant to §17–8.9 VARIANCES from the minimum distance between the driveway and intersection of street lines requirement pursuant to §17–5.8(H) PARKING AND LOADING SPACE STANDARDS , the subject premises being located at 939 and 947 Newport Avenue, more specifically Assessor ’s plat #18, lot #486 –#492, located in the Single Residence –A zoning district. Keith Hutchings made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON–CONFORMING USES, STRUCTURES, AND LOTS to extend a pre–existing, non–conforming, use to accommodate the construction of a new gasoline station and convenience store, as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Keith Hutchings made a motion to grant a special permit pursuant to §17–6.0 NON–CONFORMING USES, STRUCTURES, AND LOTS to extend a pre–existing, non–conforming, use to accommodate the construction of a new gasoline station and convenience store, as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Keith Hutchings made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–16.9 TABLE OF PERMITTED SIGNS AND DIMENSIONAL REGULATIONS to accommodate the installation of a monument sign that exceeds the maximum allowable sign surface area, that exceeds the maximum allowable height limitation, and does not satisfy the minimum front yard setback requirement pursuant to the provisions of §17–16.0 SIGNS, as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, PREPARED by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. In accordance with the ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 9 provisions pursuant to §17–16.9 TABLE OF PERMITTED SIGN AND DIMENSIONAL REGULATIONS, Keith Hutchings made a motion to grant the relief pursuant to §17–9.0 SPECIAL PERMITS under §17–16.9 TABLE OF PERMITTED SIGNS AND DIMENSIONAL REGULATIONS to accommodate the installation of a seventy–nine (79) square foot monument sign, which exceeds the maximum allowable sign surface area of twenty (20) square feet by fifty–nine (59) square feet, as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. In accordance with the provisions pursuant to §17–16.9 TABLE OF PERMITTED SIGN AND DIMENSIONAL REGULATIONS, Keith Hutchings made a motion to grant the relief pursuant to §17–9.0 SPECIAL PERMITS under §17–16.9 TABLE OF PERMITTED SIGNS AND DIMENSIONAL REGULATIONS to accommodate the installation of a seventy–nine (79) square foot monument sign, which exceeds the maximum allowable height limitation of eight (8') feet by eleven feet ten and one–half inches (11' 10.5'') — for a height of nineteen feet ten and one–half inches (19' 10.5'') — as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. In accordance with the provisions pursuant to §17–16.9 TABLE OF PERMITTED SIGN AND DIMENSIONAL REGULATIONS, Keith Hutchings made a motion to grant the relief pursuant to §17–9.0 SPECIAL PERMITS under §17–16.9 TABLE OF PERMITTED SIGNS AND DIMENSIONAL REGULATIONS to accommodate the installation of a seventy–nine (79) square foot monument sign with a reduction in the minimum front yard setback requirement of ten (10') feet to eight (8') feet from Chester Avenue, as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Chairman Hutchings made a motion to grant a variance pursuant to §17–8.9 VARIANCES of six (6') feet from the minimum front yard setback requirement of thirty (30') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS from the Newport Avenue right–of–way to accommodate the construction of a canopy over the fueling stations, as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Chairman Hutchings made a motion to grant a variance pursuant to §17–8.9 VARIANCES of twenty–two (22') feet pursuant to §17–5.8 PARKING AND LOADING SPACE STANDARDS to construct a driveway closer than thirty (30') feet to the intersection of street lot lines on a corner lot (off Chester Avenue), as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Chairman Hutchings made a motion to grant a variance pursuant to §17–8.9 VARIANCES of eight (8') feet pursuant to §17–5.8 PARKING AND LOADING SPACE STANDARDS to construct a driveway closer than thirty (30') feet to the intersection of street lot lines on a corner lot (off Randolph Avenue), as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. Chairman Hutchings made a motion to dismiss the request for a variance pursuant to §17–8.9 VARIANCES under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS from the minimum front yard setback requirement of thirty (30’) feet from Newport Avenue and Chester Avenue to install a sign, as shown on the site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board found that the relief is unnecessary as the proper form of relief is a special permit pursuant to §17–16.9 TABLE OF PERMITTED SIGN AND DIMENSIONAL REGULATIONS, and the relief has been granted in the vote labelled “C.”. Chairman Hutchings made a motion to dismiss the request for a special permit pursuant to §17–9.0 SPECIAL PERMITS to vary/reduce the minimum bufferyard requirements ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 10 pursuant to §17–4.4 DESCRIPTION OF SCREENS to accommodate the construction of a new gasoline station and convenience store, as shown on site plan entitled “PROPOSED FILLING STATION & C–STORE 947 NEWPORT AVENUE ATTLEBORO, MA 02703”, prepared by Halim A. Choubah, R.P.E. of Choubah Engineering Group, 112 State Road, North Dartmouth, MA 02747, dated February 28, 2018. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board finds that the relief is unnecessary as the property is in the Single Residence–A zoning district. The Board discussed Case #5414, the application of Rhett Butler of E.R. Butler & Co. for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to alter a pre–existing, non–conforming, use into a light manufacturing and storage facility, the subject premises being located at 561 Newport Avenue, more specifically Assessor ’s plat #64, lot #60, #62, and #63A, located in the Single Residence –B zoning district and General Residence –A zoning district. Keith Hutchings made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–6.0 NON–CONFORMING USES, STRUCTURES, AND LOTS to alter a pre–existing, non–conforming, use into a light manufacturing and storage facility, as shown on the site plan. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Keith Hutchings made a motion to grant a special permit pursuant to §17–6.0 NON–CONFORMING USES, STRUCTURES AND LOTS to alter a pre–existing, non–conforming, use into a light manufacturing and storage facility, as shown on the site plan. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5413, the application of Robert Betts for a variance pursuant to §17–8.9 VARIANCES under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS from the minimum front yard setback to accommodate the construction of an addition onto an existing single –family dwelling, the subject premises being located at 58 Juniper Avenue, more specifically Assessor ’s plat #103, lot #72, located in the Single Residence –B zoning district. Keith Hutchings made a motion to grant a variance pursuant to §17–8.9 VARIANCES of nine (9') feet from the minimum front yard setback requirement of thirty (30') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate the construction of a 10'x15' addition onto the existing single–family dwelling located at 58 Juniper Avenue, as shown on the site plan. Kent Richards seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5412, the application of Jason P. Rosa for a variance pursuant to §17–8.9 VARIANCES under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS from the minimum rear yard setback to accommodate an in–ground pool, the subject premises being located at 24 Ledgewood Circle, more specifically Assessor ’s plat #197, lot #8K, located in the Single Residence –D zoning district. Keith Hutchings made a motion to grant a variance pursuant to §17–8.9 VARIANCES of five (5') feet from the minimum rear yard setback requirement of fifteen (15') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate an in–ground pool, as shown on the site plan, entitled “ASBUILT PLAN”, drawn by John H. Risser, R.L.S of Risser Engineering Company, 93 George Leven Drive, Unit 3, North Attleborough, MA 02760, dated July 10, 2018. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5411, the application of Maged Youssef for a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–3.5(#16) TABLE OF PRINCIPAL USE REGULATIONS – RETAIL , SERVICE , COMMERCIAL to construct a car washing establishment, the subject premises being located at 80 Pleasant Street, more specifically Assessor ’s plat #28, lot #201, #201A, and #201B, located in the General Business zoning district. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 11 Keith Hutchings made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4(#16) TABLE OF PRINCIPAL USE REGULATIONS – RETAIL, SERVICE, COMMERCIAL for the construction of a car washing establishment at 80 Pleasant Street, as shown on the site plan. Kent Richards seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board reviewed all correspondence. The Board tabled the pending minutes December 14, 2017, January 11, 2018, February 8, 2018, March 8, 2018, April 12, 2018, May 10, 2018, June 14, 2018., and July 12, 2018. The meeting adjourned at 9:20 p.m. ZONING BOARD OF APPEALS MINUTES – AUGUST 9, 2018 PAGE 12