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 JUNE 16, 2022 In accordance with the provisions of the General Laws of Massachusetts, Chapter 40A, as amended, a business meeting was held on Thursday, June 16, 2022 at 6:30 p.m. in the Municipal Council Chambers located at Government Center, 77 Park Street, Attleboro, MA 02703, relative to the following: Zoning Board Members Present: Chairwoman Cathy Merkle, Johnny Bender, Kathy Rautenstrauch, Kent Richards, and Sandra Varrieur Members Absent: None The Board discussed Case #5613, the application of Keith Shepard 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 to construct an addition onto an existing single –family detached dwelling and 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 residential structure, the subject premises being located at 741 North Main Street, more specifically Assessor ’s plat #91, lot #14B and #15, located in the Single Residence –D zoning district. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of thirteen (13′) feet from the minimum front yard setback requirement of thirty (30') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY from the North Main Street right–of–way to construct an addition onto the existing single–family dwelling located at 741 North Main Street, as shown on the site plan. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle 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 the pre–existing, non–conforming, residential structure located at 741 North Main Street and allow the construction of an addition onto the existing single–family detached dwelling, as shown on the site plan. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a special permit pursuant to §17–6.0 NON–CONFORMING USES, STRUCTURES, AND LOTS to alter the pre–existing, non–conforming, residential structure located at 741 North Main Street and allow the construction of an addition onto an the existing single–family detached dwelling, as shown on the site plan. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5615, the application of YMCA of Attleboro 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 to construct an egress onto a building and 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 non–residential structure, the subject premises being located at 44 Peck Street, more specifically Assessor ’s plat #28, lot #83, located in the General Residence –A zoning district. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of fourteen (14′) feet from the minimum front yard setback requirement of thirty (30') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY from the Bank Street right–of–way to construct an egress, as shown on the site plan entitled “SWEET ZONING BOARD OF APPEALS MINUTES – JUNE 16, 2022 PAGE 1 CLUB HOUSE 44 PECK ST ATTLEBORO YMCA”, drawn by Saccoccio & Associates, Inc., 1085 Park Avenue, Cranston, RI 02910, received April 19, 2022. Kent Richards seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5616, the application of Tomasz and Anita Brojek for variances pursuant to §17–8.9 VARIANCES from the minimum lot area requirement, minimum lot width requirement, minimum front yard setback requirement, minimum side yard setback requirement, and the minimum rear yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS associated with Assessor ’s lot #95 and lot #96 located on plat #37, the subject premises being located at 0 and 9 Riverside Avenue, more specifically Assessor ’s plat #37, lot #95 and #96, located in the General Residence –A zoning district. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of three thousand (3,000) square feet from the minimum lot area requirement of ten thousand (10,000) square feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a 7,000 square foot buildable lot shown as Assessor’s Lot #95 on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of ten (10′) feet from the minimum lot width requirement of eighty (80′) feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a buildable lot shown as Lot #95 on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of eleven (11′) 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 location of an existing one–family dwelling on Lot #95, as shown on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of three (3′) feet from the minimum side yard setback requirement of fifteen (15′) feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate the location of an existing one–family dwelling on Lot #95, as shown on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of four (4′) feet from the minimum side yard setback requirement of fifteen (15′) feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate the location of an existing shed on Lot #95, as shown on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of four (4′) 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 the location of an existing shed on Lot #95, as shown on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of five (5′) feet from the minimum side yard setback requirement of fifteen (15′) feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate the location of an existing deck on Lot #95, as shown on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of one thousand two hundred fifty (1,250) square feet from the minimum lot area requirement of ten thousand (10,000) square feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create an 8,750 square foot buildable lot shown as Lot #96 on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of ten (10′) feet from the minimum lot width requirement of eighty (80′) feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a buildable lot shown as Lot #96 on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in opposition. The motion failed. The Board discussed Case #5609, the application of Brian Fischbach for a variance pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirement pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct an addition onto an existing single –family detached dwelling and 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 residential structure, the subject premises being located at ZONING BOARD OF APPEALS MINUTES – JUNE 16, 2022 PAGE 2 99 Magnolia Street, more specifically Assessor ’s plat #6, lot #134, #135, and #136, located in the Single Residence –A zoning district. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of nine and one–half (9.5′) feet from the minimum front yard setback requirement of thirty (30') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY from the Magnolia Street right–of–way to construct an addition onto the existing single–family detached dwelling located at 99 Magnolia Street, as shown on the site plan entitled “VARIANCE PLOT PLAN #99 MAGNOLIA STREET IN ATTLEBORO, MA”, drawn and surveyed by John H. Risser, P.L.S. of Risser Engineering Company, 93 George Leven Drive, Unit 3, North Attleborough, MA 02760, dated April 20, 2022. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle 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, residential structure located at 99 Magnolia Street and allow the construction of an addition onto the existing single–family detached dwelling, as shown on the site plan entitled “VARIANCE PLOT PLAN #99 MAGNOLIA STREET IN ATTLEBORO, MA”, drawn and surveyed by John H. Risser, P.L.S. of Risser Engineering Company, 93 George Leven Drive, Unit 3, North Attleborough, MA 02760, dated April 20, 2022. Sandra Varrieur seconded the motion. Cathy Merkle 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, residential structure located at 99 Magnolia Street and allow the construction of an addition onto the existing single–family detached dwelling, as shown on the site plan entitled “VARIANCE PLOT PLAN #99 MAGNOLIA STREET IN ATTLEBORO, MA”, drawn and surveyed by John H. Risser, P.L.S. of Risser Engineering Company, 93 George Leven Drive, Unit 3, North Attleborough, MA 02760, dated April 20, 2022. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5607, the application of H&L Bloom, Inc. for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.1 USE DESIGNATIONS to operate a bus terminal/storage facility for public school busses, the subject premises being located at 947 Park Street, more specifically Assessor ’s plat #128A, lot #1, located in the Single Residence –D zoning district and Single Residence –B zoning district. Cathy Merkle made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.1 USE DESIGNATIONS to allow H&L Bloom, Inc. to operate a bus terminal/storage facility for public school buses at 947 Park 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 heard Case #5611, the application of Debra Carroll for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.1 USE DESIGNATIONS to operate an artisan market, the subject premises being located at 129 Bank Street, more specifically Assessor ’s plat #47, lot #1, located in the Industrial zoning district. Cathy Merkle made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.1 USE DESIGNATIONS to allow the petitioner to operate an artisan market/co–op, as described herein and as shown on the site plan, the subject premises being located at 129 Bank Street. Kent Richards seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5600, the application of S&A Fuels, Inc. 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 business use by adding a fried chicken eatery to an existing gasoline station/convenience store, the subject premises being located at 939 and 947 Newport Avenue, more specifically Assessor ’s plat #18, lots #486 –#492, located in the Single Residence –A zoning district. Cathy Merkle 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 expand a pre–existing non–conforming business use by allowing a Krispy Krunchy Chicken fried chicken eatery to operate in an existing gasoline station/convenience ZONING BOARD OF APPEALS MINUTES – JUNE 16, 2022 PAGE 3 store at 939 and 947 Newport Avenue, as described herein. Sandra Varrieur seconded the motion. A discussion followed. Kent Richards and Sandra Varrieur voted in favor. Cathy Merkle voted in opposition. The motion failed. Cathy Merkle made a motion to grant a special permit pursuant to §17–6.0 NON–CONFORMING USES, STRUCTURES, AND LOTS to expand a pre–existing non–conforming business use by allowing a Krispy Krunchy Chicken fried chicken eatery to operate in an existing gasoline station/convenience store at 939 and 947 Newport Avenue, as described herein. Sandra Varrieur seconded the motion. A discussion followed. Kent Richards and Sandra Varrieur voted in favor. Cathy Merkle voted in opposition. The motion failed. The Board discussed Case #5620, the application of Faith Witkos for a special permit pursuant to §17–9.0 SPECIAL PERMITS from the provisions of §17–5.9(F) GENERAL PARKING AND LOADING SPACE STANDARDS to eliminate the requisite minimum number of off–street parking stalls associated with the establishment of a game and hobby store, the subject premises being located at 4 Park Street, more specifically Assessor ’s plat #31, lot #2, located in the Central Business zoning district. Cathy Merkle made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS from the provisions of §17–5.9(F) GENERAL PARKING AND LOADING SPACE STANDARDS to reduce the minimum off–street parking requirement at 4 Park Street located in the Central Business zoning district from twenty (20) off–street parking stalls to zero (0) off–street parking stalls, thereby eliminating the requirement for any off–street parking stalls to be established on the premises in association with a game and hobby store, as shown on the site plan. Johnny Bender seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board read Form Z2 – Request for an Extension of Time to July 31, 2022, from attorney Jack Jacobi of Coogan Smith, LLP on behalf of David Turner, received June 10, 2022, relative to the variance application for 235 Tiffany Street, Case #5612. Cathy Merkle made a motion to grant an extension of time to July 31, 2022. Kathy Rautenstrauch seconded the motion. All voted in favor to grant an extension of time to July 31, 2022. The Board reviewed all remaining correspondence. The Board tabled the pending minutes of September 9, 2021, September 9, 2021 (Executive Session), September 23, 2021, October 28, 2021, November 9, 2021, November 9, 2021 (Executive Session), November 10, 2021, November 18, 2021, December 9, 2021, December 15, 2021 (Executive Session), December 16, 2021, December 30, 2021 (Executive Session), January 13, 2022, February 10, 2022, March 3, 2022, March 3, 2022 (Executive Session), March 24, 2022, April 14, 2022, and April 28, 2022, May 19, 2022, and June 9, 2022. The Board held elections. Kent Richards made a motion to nominate Cathy Merkle as Chairwoman. Sandra Varrieur seconded the motion. All voted in favor to nominate Cathy Merkle as Chairwoman. There were no other nominations. Kent Richards made a motion to re–elect Cathy Merkle as Chairwoman. Sandra Varrieur seconded the motion. All voted in favor to re–elect Cathy Merkle as Chairwoman. Cathy Merkle made a motion to re–appoint Lauren Stamatis to serve as Zoning Board Clerk. Kent Richards seconded the motion. All voted in favor to re–appoint Lauren Stamatis to serve as Zoning Board Clerk. The meeting adjourned at 8:00 p.m. ZONING BOARD OF APPEALS MINUTES – JUNE 16, 2022 PAGE 4