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 OCTOBER 27, 2022 In accordance with the provisions of the General Laws of Massachusetts, Chapter 40A, as amended, public hearings were held on Thursday, October 27, 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 heard Case #5642, the application of Bill McDonough on behalf of Louis and Rickie Oliviera for a variance pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct an addition onto an existing single –family dwelling, the subject premises being located at 111 Juniper Avenue , more specifically Assessor ’s plat #166, lot #1M, located in the Single Residence –C zoning district. The Board read the Form Z3 – Request to Withdraw Petition submitted by Bill McDonough, received October 21, 2022, requesting the Board to allow him, on behalf of Louis and Rickie Oliviera, to withdraw without prejudice petition the variance application for 111 Juniper Avenue, Case #5642. Cathy Merkle made a motion to allow the applicant to withdraw without prejudice the variance application for property located at 111 Juniper Avenue, Case #5642. Kent Richards seconded the motion. All voted in favor. The Board heard Case #5637, the application of Thomas Marston for a variance pursuant to §17–8.9 VARIANCES from the minimum rear yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to expand an existing shed, the subject premises being located at 11 Zachary Lane, more specifically Assessor ’s plat #13, lot #100, located in the Single Residence –C zoning district. Speaking in favor of the application was Thomas Marston who stated that he is seeking a variance to expand an existing shed located within the setback of the rear yard property line. Cathy Merkle asked for confirmation that he is simply asking to extend the footprint of the existing shed from 16–feet to 24–feet. Mr. Marston replied yes. Director of Planning and Development Gary Ayrassian asked if it is the only logical place to expand the shed. Mr. Marston answered yes. He noted that the existing shed most closely abuts 44 Vincent Drive and that his neighbor, Paul McCarthy, submitted a letter in support. There being no one else to speak, the public hearing was closed. ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 1 The Board heard Case #5638, the application of Joe Tavares for a variance pursuant to §17–8.9 VARIANCES from the minimum lot width requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS , a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4(#9) TABLE OF USE REGULATIONS – RESIDENTIAL to construct a four (4) unit residential cluster development contained in two (2) two–family dwellings , and a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to alter a pre–existing, non–conforming, residential structure, the subject premises being located at 149 Pleasant Street , more specifically Assessor ’s plat #52, lot #63, located in the General Residence –A zoning district. Speaking in favor of the application was attorney George Spatcher who stated that the site contains a carriage house formerly associated with a Victorian house that has since housed multi–family units and later office space under a special permit. He stated that the office is now closed and his client is seeking to convert the existing building into two residential units and to construct a separate two–family dwelling behind it for a total of four residential units contained in two buildings on the lot. He stated that this would return the site to all residential uses and would provide needed rental housing in the area. He stated that he is also requesting a 14–foot lot width variance. He stated that the lot only has 66–feet of lot width. He stated that the site is already a pre–existing, non–conforming site and they are not seeking to create a greater non–conformity. He stated that the Zoning Ordinance requires a minimum of 9 parking stalls for the four residential units. He stated that there are ten (10) existing parking spaces on the property that will satisfy the minimum parking requirement. He stated that the surrounding properties are mostly single homes and multi–family homes, and that the proposed residential use will fit in well with the neighborhood. He stated that there are existing sidewalks and that the street is wide enough with two lanes in either direction, to support the use. He stated that the Water Department signed–off on the proposed connection to the existing water main. He explained that the Wastewater Department had requested a few upgrades such as clean–outs which will be added to the sewer connection plans, but expressed no concerns about capacity. He distributed a plan to the Board showing the location of the snow storage areas, as well as an elevation plan and a floorplan for the proposed new construction two–family. Cathy Merkle asked their plans for the existing sign in front of the property. Speaking in favor of the application was Joe Tavares who stated that it is his intent is to update the sign face by removing the prior business name and replacing it with “The Carriage House.” Cathy Merkle asked if the sign would be illuminated. Mr. Tavares answered no. Cathy Merkle asked whether any exterior lighting is proposed aside from normal residential fixtures. Mr. Tavares stated that the existing carriage house has spotlights on both the front and back of the building and he proposes the same design for the new two–family building. Mr. Ayrassian advised both the Board and applicant that a special permit to alter a pre–existing, non–conforming, structure is necessary. Attorney Spatcher requested to amend the application on the floor to include a special permit to alter a pre–existing, non–conforming, structure. Cathy Merkle made a motion to amend the application to include the additional relief. Kent Richards seconded the motion. All voted in favor to amend the application. Sandra Varrieur pointed out that Public Works has imposed a street cutting moratorium on Pleasant Street until the end of 2023. ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 2 Mr. Ayrassian stated that the applicant has to live by that moratorium and will have to work with the Public Works Department. He stated that the moratorium and the Board’s purview under the Zoning Ordinance are mutually exclusive. Senior Land Use Planner Stephanie Davies noted that a stormwater management application would not need to be filed with the Conservation Commission, as the site work involves less than 2,500 square feet of land disturbance. There being no one else to speak, the public hearing was closed. The Board heard Case #5639, the application of Abram Agayby for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS to accommodate an electronic message center on an existing sign, the subject premises being located at 289 County Street, more specifically Assessor ’s plat #44, lot #594, located in the General Business zoning district and Single Residence –A zoning district. No one appeared to speak in favor of the application. Ms. Davies noted that the applicant had provided response comments and emailed with her several times, so she was unsure why he was not present. There being no one else to speak, the public hearing was continued. The Board heard Case #5640, the application of Derek Goulet for a variance pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct an addition onto an existing one–family detached dwelling, the subject premises being located at 35 Bearcourt Drive, more specifically Assessor ’s plat #152, lot #18, located in the Single Residence –B zoning district. Speaking in favor of the application was Derek Goulet who stated he is requesting a variance to construct an addition onto his home. Cathy Merkle asked what kind of addition. Mr. Goulet replied that he wants to construct a garage with living space above. Cathy Merkle asked whether the existing deck would be pushed out by the addition. Mr. Goulet stated that they intend to remove the deck entirely. Ms. Davies asked whether the property is in floodplain. Mr. Goulet stated that he did not know. Ms. Davies advised Mr. Goulet to check in with the Conservation Agent, as a filing before the Conservation Commission and a special permit from the Zoning Board may be required. There being no one else to speak, the public hearing was closed. The Board heard Case #5641, the application of Kenneth and Patricia Baenziger and Joanne Reynolds for a variance pursuant to §17–8.9 VARIANCES from the minimum lot width requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a buildable lot, the subject premises being located at 44 ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 3 Dean Street , more specifically Assessor ’s plat #31, lot #40, #57, #58, and #58A, located in the General Residence –A zoning district. Speaking in favor of the application was attorney Thomas Morin who stated that his client is seeking relief from the lot width requirement to create a second buildable lot with frontage on Peck Street to construct a duplex. He stated that a variance of 14–feet is needed from the lot width requirement for the lot to be buildable, but that it meets all other zoning requirements. He noted that they have already been approved by the Planning Board for a Form A application to subdivide the lot. He stated that his client would continue to remain at 44 Dean Street and would demolish the existing concrete garage. He stated that several of the surrounding lots on Peck Street have smaller sized widths, well below the requirement of 80–feet. He stated that at 66–feet wide, this lot would be wider than many of the other lots on that side of Peck Street. He stated that the lot is currently unkempt and that constructing a house there would be an asset to the neighborhood. Kent Richards asked whether there are other multi–family dwellings in the vicinity of this site. Attorney Morin stated that he was unsure, but that there may be some across the street. Cathy Merkle noted that planning to build a two–family dwelling rather than just one–family dwelling may impact whether the Board considers sufficient a lot having 66–feet of lot width. Attorney Morin suggested that there is plenty of room to move the house back, to create great distance from the neighbors. There being no one else to speak, the public hearing was closed. The Board heard Case #5643, the application of Providence Bagel Company for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–16.3 ADMINISTRATION to vary from the sign regulations pursuant to §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS to exceed the regulations governing the maximum permissible surface area of a wall sign associated with a bagel shop, the subject premises being located at 54 Washington Street, more specifically Assessor ’s plat #67, lot #10C, located in the General Business zoning district. Speaking in favor of the application was attorney Edward Casey of Coogan Smith, LLP who stated that the Board granted a special permit for a drive–up window and parking relief associated with the Providence Bagel Company back in 2021. He stated that since that time, the company has spent $40,000.00 on signage without realizing that the designs did not meet the city’s sign ordinance standards. He stated that they are proposing two signs with the business name in channel lettering and two business logo signs with internal illumination. He stated that the Senior Land Use Planner pointed out that the Zoning Ordinance only allows a single sign. He argued that the angle of the building was designed for signage on two sides so that it could be seen from both directions on Route 1. Cathy Merkle noted that the plaza has an existing, freestanding sign, and asked whether Providence Bagel will have additional signage on it. Attorney Casey stated that he did not believe so, but that the Board could condition such in its decision. Ms. Davies stated her understanding that the freestanding sign cannot structurally add more panels presently, but that they intend to modify the sign to accommodate additional panels in the future. Cathy Merkle questioned the proposed hours to light the signage. Attorney Casey stated that the business drive–up window operates from 6:00 a.m. to 4:00 p.m. and they are requesting to illuminate the signs from 6:00 p.m. to 5:00 a.m. Cathy Merkle asked why the business would opt to illuminate the signs when the store is not open. ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 4 Attorney Casey stated that he was unsure and requested to change the lighting timing from 4:00 p.m. to 7:00 a.m. to at least match nightfall, instead Ms. Davies noted that directional signage is also proposed. Attorney Casey stated his understanding that such signage is permitted by–right. He noted that it is necessary to direct the traffic flows within the plaza with the addition of the drive–through window. Ms. Davies stated that she is trying to understand the justification for all of the signs. Cathy Merkle stated that she has concerns with the lighting being used as a form of advertisement for a business that is closed. There being no one else to speak, the public hearing was closed. The Board heard Case #5644, the application of Mayor Paul Heroux on behalf of the City of Attleboro for a variance pursuant to §17–8.9 VARIANCES from the minimum side yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate an existing accessory structure, the subject premises being located along Berwick Road, Mechanic Street, and Rathbun Willard Drive, more specifically Assessor ’s plat #115, lot #1, and Assessor ’s plat #127, lot #170, located in the Single Residence –D zoning district. Speaking in favor of the application was Director of Planning and Development Gary Ayrassian who explained that the subject site is the former Highland Country Club, which the city purchased in 2018. He stated that he and the Economic Development Director were charged with putting together a plan to discharge the portion of the property containing the banquet hall and the accessory buildings immediately surrounding it for economic development purposes. He stated that a Form A plan was approved by the Planning Board in February that carves out a 5.5± acre parcel of land containing the banquet hall and a few accessory buildings. He explained that a Request for Proposals will be developed and circulated by staff to seek buyers to purchase the site and redevelop another new banquet hall and or a restaurant. He stated that this lot contains not only the old banquet hall, but several accessory storage buildings. He stated that the geometry of the lot had to be carefully designed and included following the contours of the topography, with the lot line positioned at the toe of a slope. He stated that he did not want to make assumptions as to whether the future owner of the lot will demolish or move the subject accessory building, so he decided to seek a 7–foot side yard setback variance to accommodate one of the existing accessory buildings that falls within the 15–foot setback. He stated that he thinks the variance satisfies the topographic standard due to the steep and variable grades surrounding the site and lot configuration standard. There being no one else to speak, the public hearing was closed. The Board heard the new public hearing for Case #5645, the application of Foundation Holdings, LLC for a variance pursuant to §17–8.9 VARIANCES from the minimum side yard setback requirement and from the minimum rear yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a second floor addition onto an existing one–family dwelling and a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to alter a pre–existing, non–conforming, residential structure, the subject premises being located at 35 Bicknell Street , more specifically Assessor ’s plat #28, lot #119, located in the General Residence –A zoning district. Speaking in favor of the application was Jeff Dormus of Foundation Holdings, LLC who stated that he is seeking a variance and special permit to expand the second floor on an existing single–family dwelling into more living space. He stated that he is planning to maintain the existing footprint and would not be expanding horizontally any further into the yard set–back than the existing outer walls. He said that they would only be constructing vertically by putting a second floor above the first floor but within the footprint of the house. He ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 5 stated that they would be constructing a second floor bedroom and bathroom, along with updating all the electrical and plumbing for the house. Mr. Ayrassian asked whether there was any reason the addition was not designed to attach the detached garage to the home as part of the renovation. Mr. Dormus replied that the distance between the structures is further than appears in the photographs. Speaking in favor was Francis Durrell and William Kurtz of 31 Bicknell Street who stated that they are happy and would like to see the work occur, as the existing house is in poor condition and that the proposed renovations would beautify it. Ms. Durrell stated that she felt there was confusion with the prior owners over the location of the property line, more specifically regarding the chain link fence and shrubs along the property line. She stated that these features are actually part of her property and that the prior owner had damaged some of their shrubs thinking that they were on his property. She stated that she did not imagine that the renovations project would impact the fence and shrubs. Mr. Ayrassian stated that the property line dispute is a civil matter and is not under the jurisdiction of the Zoning Board. He suggested that Ms. Durrell discuss the matter with her neighbor and the contractor. Ms. Durrell stated that she wanted the matter on the record and felt she could trust the contractor and offered her support of the application. There being no one else to speak, the public hearing was closed. The Board heard the continued public hearing relative to Case #5598, the application of City of Attleboro for a special permit pursuant §17–9.0 SPECIAL PERMITS and §17–12.0 FLOODPLAIN DISTRICT for work/excavation within the 100–year floodplain associated with the replacement of the Pitas Avenue bridge over the Seven Mile River, the subject premises being located within the Pitas Avenue right–of–way, located in the Single Residence –B zoning district and Single Residence –C zoning district. Speaking in favor of the application was Eric Silva of PARE Engineering who stated that the project consists of replacing a one–lane wooden bridge with a two–lane reinforced concrete deck and steel beam bridge. He stated that they are proposing to increase the bridge’s span from 25–feet to 36–feet to meet MADOT stream crossing standards. He stated that they also have a Notice of Intent application and a Stormwater Management Permit application before the Conservation Commission. He stated that they had added plantings at the Commission’s request along the slopes. He stated that two catch basins are proposed on either side of the road at a low point that connect to a Stormceptor unit just outside of the bridge roadway. He stated that riprap will be provided at the outfall. He stated that they recently received the stormwater management peer review from the city’s consultant and that he is now preparing responses. Cathy Merkle sought to confirm that the proposed changes to the stormwater management system will not cause any changes to the floodplain. Mr. Silva answered no. Mr. Ayrassian pointed out that PARE Engineering has been before the Zoning Board on this matter since at least May 2022 and still has yet to address the standards for the granting of a special permit for work within the floodplain. He asked what they are waiting for and said that they need to be prepared to do so at the meeting scheduled on November 8th. Mr. Silva stated that he would. There being no one else to speak, the public hearing was continued. The Board heard the continued public hearing relative to Case #5621, application of Thomas O. Castro for a special permit pursuant §17–12.0 FLOODPLAIN DISTRICT to work/excavate within the 100–year floodplain to ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 6 construct of a one–family dwelling, the subject premises being located at Thacher Street and Cypress Road, more specifically Assessor ’s plat #36, lot #462, #466, and #475, located in the Single Residence –B zoning district . Speaking in favor was attorney Edward Casey who stated that the engineer for the project had promised him an updated plan, but did not deliver. He apologized for the delay and requested that the Board continue the public hearing to December. Mr. Ayrassian stated that staff met with the engineer multiple times and that he knows what he needs to do. He stated that he does not understand the delay. He stated that he is concerned that this project has been before the Board since at least June and the engineer has still been unable to propose how to design a single–family house in the floodplain. There being no one else to speak, the public hearing was continued to December 8, 2022. The Board held a business meeting. The Board discussed Case #5638, the application of Joe Tavares for a variance pursuant to §17–8.9 VARIANCES from the minimum lot width requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS , a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4(#9) TABLE OF USE REGULATIONS – RESIDENTIAL to construct a four (4) unit residential cluster development contained in two (2) two–family dwellings, and a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to alter a pre–existing, non–conforming, residential structure, the subject premises being located at 149 Pleasant Street , more specifically Assessor ’s plat #52, lot #63, 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 lot width requirement of eighty (80') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a buildable lot, the subject premises being 149 Pleasant Street, as shown on the site plan, entitled “SPECIAL PERMIT PLAN”, drawn by Scott M. Faria, R.P.L.S of J.K. Holmgren Engineering, Inc., 1024 Pearl Street, Brockton, MA 02301, dated August 19, 2022 and revised through October 26, 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 §17–3.4(#9) TABLE OF USE REGULATIONS – RESIDENTIAL for the construction of a four (4) unit residential cluster development contained in two (2) two–family dwellings, the subject premises being located at 149 Pleasant Street, as shown on the site plan, entitled “SPECIAL PERMIT PLAN”, drawn by Scott M. Faria, R.P.L.S of J.K. Holmgren Engineering, Inc., 1024 Pearl Street, Brockton, MA 02301, dated August 19, 2022 and revised through October 26, 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, structure for the construction of a four (4) unit residential cluster development contained in two (2) two–family dwellings, the subject premises being located at 149 Pleasant Street, as shown on the site plan, entitled “SPECIAL PERMIT PLAN”, drawn by Scott M. Faria, R.P.L.S of J.K. Holmgren Engineering, Inc., 1024 Pearl Street, Brockton, MA 02301, dated August 19, 2022 and revised through October 26, 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 §17–6.0 NON–CONFORMING USES, STRUCTURES AND LOTS to alter a pre–existing, non–conforming, structure for the construction of a four (4) unit residential cluster development contained in two (2) two–family dwellings, the subject premises being located at 149 Pleasant Street, as shown on the site plan, entitled “SPECIAL PERMIT PLAN”, drawn by Scott M. Faria, R.P.L.S of J.K. Holmgren Engineering, Inc., 1024 Pearl Street, Brockton, MA 02301, dated August 19, 2022 and revised through October 26, 2022. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 7 The Board discussed Case #5637, the application of Thomas Marston for a variance pursuant to §17–8.9 VARIANCES from the minimum rear yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to expand an existing shed, the subject premises being located at 11 Zachary Lane, more specifically Assessor ’s plat #13, lot #100, located in the Single Residence –C zoning district. Cathy Merkle 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 expand an existing shed, as shown on the site plan. Kathy Rautenstrauch seconded the motion. A discussion followed. A voted in favor. The Board attached conditions. The Board discussed Case #5640, the application of Derek Goulet for a variance pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct an addition onto an existing one–family detached dwelling, the subject premises being located at 35 Bearcourt Drive, more specifically Assessor ’s plat #152, lot #18, located in the Single Residence –B zoning district. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of fifteen (15') 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 Falcon Drive right–of–way for the construction of an 14′x24.4′ addition (garage with living space above) onto the existing one–family detached dwelling located at 35 Bearcourt Drive, as shown on the site plan entitled “PLOT PLAN OF 35 BEARCOURT DR. ATTLEBORO, MA”, prepared by James Miller, P.L.S., 368 Fairview Avenue, P.O. Box 5, Rehoboth, MA 02769, dated September 12, 2022. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5641, the application of Kenneth and Patricia Baenziger and Joanne Reynolds for a variance pursuant to §17–8.9 VARIANCES from the minimum lot width requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a buildable lot, the subject premises being located at 44 Dean Street , more specifically Assessor ’s plat #31, lot #40, #57, #58, and #58A, 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 lot width requirement of eighty (80') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a buildable lot, as shown on the site plan entitled “APPROVAL NOT REQUIRED PLAN” prepared by James Miller, P.L.S., 368 Fairview Avenue, Rehoboth, MA 02769, dated June 27, 2022. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5644, the application of Mayor Paul Heroux on behalf of the City of Attleboro for a variance pursuant to §17–8.9 VARIANCES from the minimum side yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate an existing accessory structure, the subject premises being located along Berwick Road, Mechanic Street, and Rathbun Willard Drive, more specifically Assessor ’s plat #115, lot #1, and Assessor ’s plat #127, lot #170, located in the Single Residence –D zoning district. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of seven (7') 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 an accessory structure, as shown on the site plan entitled “APPROVAL NOT REQUIRED PLAN,” dated November 8, 2021, drawn by Richard W. Reid Jr, P.L.S. of Lighthouse Land Surveying, LLC. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5645, the application of Foundation Holdings, LLC for a variance pursuant to §17–8.9 VARIANCES from the minimum side yard setback requirement and from the minimum rear yard setback requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a second floor addition onto an existing one–family dwelling and a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to alter a pre–existing, ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 8 non–conforming, residential structure, the subject premises being located at 35 Bicknell Street , more specifically Assessor ’s plat #28, lot #119, located in the General Residence –A zoning district. Catherine Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of eleven (11′) feet from the minimum side yard setback requirement of fifteen (15') feet on the west side of the dwelling pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY for the construction of a second floor addition onto an existing one–family detached dwelling located at 35 Bicknell Street, as shown on the site plan entitled “MORTGAGE INSPECTION PLAN” drawn by Daniel J. Tivnan, P.L.S. of Reney, Moran, & Tivnan, 75 Hammond Street, Floor 2, Worcester, MA 01610, dated June 4, 2022. Johnny Bender seconded the motion. A discussion followed. All voted in favor. Catherine Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of six (6′) feet from the minimum side yard setback requirement of fifteen (15') feet on the east side of the dwelling pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY for the construction of a second floor addition onto an existing one–family detached dwelling located at 35 Bicknell Street, as shown on the site plan entitled “MORTGAGE INSPECTION PLAN” drawn by Daniel J. Tivnan, P.L.S. of Reney, Moran, & Tivnan, 75 Hammond Street, Floor 2, Worcester, MA 01610, dated June 4, 2022. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. Catherine Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of twelve (12′) feet from the minimum rear yard setback requirement of fifteen (15') feet pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY for the construction of a second floor addition onto an existing one–family detached dwelling located at 35 Bicknell Street, as shown on the site plan entitled “MORTGAGE INSPECTION PLAN” drawn by Daniel J. Tivnan, P.L.S. of Reney, Moran, & Tivnan, 75 Hammond Street, Floor 2, Worcester, MA 01610, dated June 4, 2022. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. Catherine 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 for the construction of a second floor addition onto an existing one–family detached dwelling located at 35 Bicknell Street, as shown on the site plan entitled “MORTGAGE INSPECTION PLAN” drawn by Daniel J. Tivnan, P.L.S. of Reney, Moran, & Tivnan, 75 Hammond Street, Floor 2, Worcester, MA 01610, dated June 4, 2022. Johnny Bender seconded the motion. A discussion followed. All voted in favor. Catherine Merkle made a motion to grant a special permit pursuant to §17–6.0 NON–CONFORMING USES, STRUCTURES AND LOTS for the construction of a second floor addition onto an existing one–family detached dwelling located at 35 Bicknell Street, as shown on the site plan entitled “MORTGAGE INSPECTION PLAN” drawn by Daniel J. Tivnan, P.L.S. of Reney, Moran, & Tivnan, 75 Hammond Street, Floor 2, Worcester, MA 01610, dated June 4, 2022. Johnny Bender seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5634, the application of Michael Goddard to renew a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.4 HOME OCCUPATION to operate a window –tinting business at his place of residence, the subject premises being located at 62 Homestead Lane, more specifically Assessor ’s plat #129, lot #6, located in the Single Residence –D zoning district. Cathy Merkle made a motion to grant a renewal of the special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.4 HOME OCCUPATION to allow Michael Goddard to operate a window–tinting business in the freestanding garage at his place of residence, located at 62 Homestead Lane. Kent Richards seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5643, the application of Providence Bagel Company for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–16.3 ADMINISTRATION to vary from the sign regulations pursuant to §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS to exceed the regulations governing the maximum permissible surface area of a wall sign associated with a bagel shop, the subject premises being located at 54 Washington Street, more specifically Assessor ’s plat #67, lot #10C, located in the General Business zoning district. Catherine Merkle made a motion to grant a special permit pursuant to §17–16.3 ADMINISTRATION to vary the applicable sign regulations pursuant to §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS and allow the installation of two (2) Providence Bagel logo signs each measuring thirty–nine (39) square feet and two (2) “Providence Bagel” channel letter signs each measuring twenty–nine point four (29.4) square feet, for a total of four (4) signs with a combined sign surface area of one hundred thirty–six point eight (136.8) square ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 9 feet, which exceeds both the maximum number of wall signs (1) by three (3) and also exceeds the maximum permissible sign surface area limitation of 39 square feet of area by 97.8 square feet of area, as shown on the plan. 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, Cathy Merkle made a motion to grant the relief pursuant to §17–9.0 SPECIAL PERMITS under §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS and allow the installation of two (2) Providence Bagel logo signs each measuring thirty–nine (39) square feet and two (2) “Providence Bagel” channel letter signs each measuring twenty–nine point four (29.4) square feet, for a total of four (4) signs with a combined sign surface area of one hundred thirty–six point eight (136.8) square feet, which exceeds both the maximum number of wall signs (1) by three (3) and also exceeds the maximum permissible sign surface area limitation of 39 square feet of area by 97.8 square feet of area, as shown on the plan. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board read the Form Z3 – Request to Withdraw Petition submitted by Bill McDonough, received October 21, 2022, requesting the Board to allow him, on behalf of the owners , to withdraw without prejudice petition the variance application and special permit application for 19 Quintin Avenue, Case #5648. Cathy Merkle made a motion to allow the applicant to withdraw without prejudice the variance application and special permit application for property located at 19 Quintin Avenue, Case #5648. Kent Richards seconded the motion. All voted in favor. The Board reviewed all remaining correspondence. Cathy Merkle made a motion to approve the pending minutes of May 19, 2022, June 9, 2022, June 16, 2022, July 14, 2022, August 11, 2022, August 11, 2022 (executive session), and September 8, 2022. Kent Richards seconded the motion. All voted in favor to approve the pending minutes. The Board tabled the pending minutes of August 25, 2022. The meeting adjourned at 8:55 p.m. ZONING BOARD OF APPEALS MINUTES – OCTOBER 27, 2022 PAGE 10