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 NOVEMBER 29, 2023 In accordance with the provisions of the General Laws of Massachusetts, Chapter 40A, as amended, public hearings were held on Wednesday, November 29, 2023 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, John Camara, Kathy Rautenstrauch, Kent Richards, and Sandra Varrieur Members Absent: None The Board heard the continued public hearing for Case #5651, the application of 42 County Street, LLC for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–5.6(A) LOCATION OF PARKING AND LOADING SPACES to allow the use of off–site parking stalls within three hundred (300') feet of the subject property, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–5.7 MUNICIPAL PARKING LOTS to allow the use of off–site municipal parking facilities located within one thousand (1,000') feet of the subject property, 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 required minimum number of off–street parking stalls, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–12.0 FLOOD PLAIN DISTRICT to accommodate work/excavation within the 100–year floodplain and floodway, a variance pursuant to §17–8.9 VARIANCES from the provisions of §17–5.1 OFF –STREET PARKING REQUIREMENTS to reduce the minimum required off–street parking stall dimensions, a variance pursuant to §17–8.9 VARIANCES from the minimum lot area requirement pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS , a variance pursuant to §17–8.9 VARIANCES from the maximum building height requirement pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS , and a variance pursuant to §17–8.9 VARIANCES from the minimum side yard setback requirement pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS in association with the construction of a nine story, 80–unit mixed residential/business use; the subject premises being located at 42 County Street, more specifically Assessor ’s plat #31, lot #243, located in the Central Business zoning district. The Board read the letter from attorney John F. D. Jacobi, III, dated November 15, 2023, to the Zoning Board on behalf of his client requesting to withdraw without prejudice the special permit and variance applications of 42 County Street, LLC, Case #5651. Speaking in favor of the application was attorney Jack Jacobi. He explained that the petitioner will not be moving forward any further with the application and requested the Board to allow his client, 42 County Street LLC, to withdraw without prejudice the special permit and variance application for property located on 42 County Street. Cathy Merkle made a motion to grant permission to 42 County Street LLC to withdraw without prejudice its special permit and variance application for property located on 42 County Street, Case #5651. Kent Richards seconded the motion. All voted in favor to grant permission to 42 County Street LLC to withdraw without prejudice its special permit and variance applications. ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 1 The Board heard the continued public hearing for Case #5680, the application of Jude Jacobs for a variance pursuant to §17–8.9 VARIANCES from the minimum lot area requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a buildable lot, the subject premises being located on Middle Street , more specifically Assessor ’s plat #97, lot #138 –#142, located in the Single Residence –C zoning district . Senior Land Use Planner Stephanie Davies stated that Mr. Jacobs requested that the Board continue the public hearing to December 14, 2023. Cathy Merkle made a motion to continue the public hearing to December 14, 2023 relative to the variance application filed by Jude Jacobs for property located on Middle Street, Case #5680. Sandy Varrieur seconded the motion. All voted in favor to continue the public hearing to December 14, 2023. There being no else to speak, the public hearing was continued. The Board heard the continued public hearing for Case #5684, the application of Maruti Wellness, LLC for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.15 MARIJUANA BUSINESS USES to establish a retail marijuana business, the subject premises being located at 266 Washington Street, more specifically Assessor ’s plat #64, lot #81A, located in the General Business zoning district . Ms. Davies explained that the applicant submitted an electronic copy of updated materials and she that she is still waiting the hard copies. She noted that they submitted a traffic analysis and that the staff is in the midst of soliciting quotation for a traffic peer review. She stated that the applicant requested that the Board continue the public hearing to December 14, 2023. Cathy Merkle made a motion to continue the public hearing to December 14, 2023 relative to the special permit application of Maruti Wellness, LLC for property located at 266 Washington Street. Sandy Varrieur seconded the motion. All voted in favor to continue the public hearing to December 14, 2023. There being no to speak, the public hearing was continued. The Board heard the continued public hearing for Case #5685, the application of Nazira Ali for a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to expand a pre–existing, non–conforming commercial use to operate a convenience store and smoke shop, the subject premises being located at 644 Pleasant Street , more specifically Assessor ’s plat #63, lot #190B, located in the Single Residence –D zoning district. Ms. Davies stated that the applicant requested that the Board continue the public hearing to December 14, 2023. Cathy Merkle made a motion to continue the public hearing to December 14, 2023 relative to the special permit application of Nazira Ali for property located at 644 Pleasant Street. Sandy Varrieur seconded the motion. All voted in favor to continue the public hearing to December 14, 2023. There being no to speak, the public hearing was continued. The Board heard the continued public hearing for Case #5689, the application of John F. Camara 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 accommodate the construction of a farmer ’s porch; the subject premises being located at 562 South Main Street , more specifically Assessor ’s plat #103, lot #222, located in the Gener al Residence –B zoning district. ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 2 John Camara of 562 South Main Street recused himself and left the Municipal Council Chambers. The Board read the e–mail from John Camara, dated October 18, 2023, to Director of Planning and Development Gary Ayrassian granting the Zoning Board an extension of time to November 9, 2023 to open the public hearing relative to his variance application for property located at 562 South Main Street, Case #5689. Ms. Meg Camara spoke in favor of the application. She explained that she would like to construct a farmer’s porch on the front of her house but that the structure would be 29–feet from the South Main Street property line and that the bottom of the stairs would be 23–feet from the property line. She explained that the lot is located along three streets and therefore has to contend with three front yard setback requirement. She noted that the farmer’s porch would not create any sight distance issues. Cathy Merkle asked Ms. Camara if she was certain of the measurements. Ms. Camara replied yes. Director of Planning and Development Gary Ayrassian asked Ms. Camara if the hardship is that she has to satisfy three front yard setbacks. Ms. Camara replied yes. Cathy Merkle confirmed that the proposed farmer’s porch would be constructed on the South Main Street side of the house. Ms. Camara replied yes. Ms. Camara requested an extension of time to December 22, 2023. Cathy Merkle made a motion to grant an extension of time to December 22, 2023 relative to the variance application filed by John F. Camara for property located on 562 South Main Street, Case #5689. Sandy Varrieur seconded the motion. All voted in favor to grant an extension of time to December 22, 2023. There being no one else to speak, the public hearing was closed. The Board heard the continued public hearing for Case #5698, application of Jacob Silberstein for a variance pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirement, a variance from the minimum side yard setback requirement, a and variance from the minimum rear yard setback requirement from the pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a garage and an addition, a variance from the maximum permissible building area requirement pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a garage and an addition, 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, single –family dwelling, the subject premises being located at 53 Garden Street , more specifically Assessor ’s plat #32, lot #71, located in the General Residence –A zoning district . Speaking in favor of the petition was Jacob Mr. Silberstein. He noted that the public hearing was continued from November 9th because the Board asked that he submit the precise percentage as to how much the proposed renovations would exceed the maximum permissible building coverage requirement. He stated that he calculated the footprint of the buildings and that the total building lot coverage would be 36% and that accordingly, a variance of 11% is requested. There being no one else to speak, the public hearing was closed. ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 3 The Board heard the continued public hearing for Case #5696, the application of Jonathan Bindbeutel for an appeal pursuant to §17–8.8 APPEALS of the Building Inspector ’s issuance of a building permit, the subject premises being located at 48 Ashton Road, more specifically Assessor ’s plat #49, lot #94A, located in the Single Residence –B zoning district. Speaking in favor of the appeal was Jonathan Bindbeutel who stated that he would like to focus on four items have been discussed. He stated that attorney Casey argued that frontage along a hammerhead should be treated no differently than cul–de–sac. He stated that just because the city approved an alternative does not mean that this matter should be treated identically. He stated that other towns in Massachusetts look at hammerheads specifically and say can only gain frontage from one edge. He stated that Paddock Lane and Rounds Place are e not the same. He stated each lot on Paddock has about 100 feet of frontage and are more than 20 years old. He stated that the Rounds Place extension approved in 1979 extends into a hammerhead for one lot and that lot #94a and lot #94b did not exist. He stated that there was not consideration about adding additional lots. He stated that if they wanted to accommodate more lots, they would have constructed a T–shape hammerhead. He wondered if the Planning Board would have allowed it had it known that more than one house lot would be constructed. He stated that 13–feet is made up of an easement of another person’s driveway. He stated that this compounds the issue. He made reference to frontage for both the current house and proposed house and said that it does not seem to conform to building and zoning codes. Speaking in favor of the appeal was Nancy Tarrio who stated that she moved into neighborhood because it was settled and that people of all different generations live there. She stated that it is a lovely neighborhood. She stated that the proposed driveway on Ashton Road will add more traffic. She stated that Rounds Place ends in very small turnaround. Mr. Ayrassian explained that access to a house does not have to be provided by way of the frontage. He stated that the issue before the ZBA is whether the building permit should have been issued, not access. Speaking in favor of the appeal was Paulette Johnson, 96 Payson Street who stated that she purchased her home to be their retirement home. She stated that at the time they purchased their home, the land behind them was landlocked. She stated that the family who lived at 40 Ashton applied for a variance 15 years ago. She stated that the neighbors objected due to the variance based on water and drainage concerns. She stated that the variance was denied and that she has since been reassured multiple times that the subject lot is not buildable. She stated that until recently, she understood the lot to be unbuildable. She stated that the Planning Office denied the building permit. She stated that the lot’s current frontage on Rounds Place does not meet 50–feet and that there is no cul–de–sac at Rounds Place. She stated that at least three neighbors who live on Payson Street below the lot have varying degrees of water issues. She stated that they are very concerned about large disturbance that will be caused by constructing the house and the water issues that will come with it. She stated that snow will have to be plowed up the driveway that abuts their land and will melt down to their property. She stated that there will be financial implication caused by the additional water they will get onto their property. She expressed concern about safety and that there are three families with young children. She stated that there is a mound of dirt that causes sight issues. Cathy Merkle recalled that she was on the Board when the variance application came before the Board. She stated however that the circumstances then and now are two totally different. She stated that the relief that petitioner sought with their application is different than the petition currently before the Board. She stated that the configuration of the lots have changed since. She stated that the current owners assert that they do have frontage and the question before the Board now is whether it agrees with the Building Inspector’s decision. She stated that the applicant is not before the Board asking for permission to build a house but rather if the Building Inspector’s decision to issue a building permit is just. Mr. Ayrassian stated that the Board and staff recognize that the residents’ concerns about stormwater are valid but that one–family dwellings and two–family dwellings are exempt from the Local Stormwater Management ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 4 Ordinance. He stated that the proposed and use and its construction do not trigger any regulatory review provision so there is no permitting process other than obtaining a building permit. He stated that the Building Inspector concluded that the lot satisfies the minimum lot frontage and therefore issued the building permit. He stated that residents of the house could agree with the neighbors not use salt on their driveway and use some other environmentally friendly de–icer and that they could be approached about connecting downspouts to rain barrels to reduce the amount of runoff. He stated that the construction of the house is not going to cause more rain or snow to fall, so the question is to how manage it. He stated that the residents ought to express their concerns with the property owner and work together on some reasonable building techniques to minimize or eliminate potential issues. Cathy Merkle noted that the residents bear in mind that if the Board votes to uphold the Building Inspector’s decision that it behooves the property owners to get along with the neighbors and that based on her observations at the public hearing, she is certain that that will happen. She stated that neighbors have the right to talk with the property owners and to express your concerns and to work together. Speaking in favor of the appeal was Lisa Baldwin who stated that she has lived at her address with husband and daughter for 23 years. She stated that she spoke at last meeting and asserted that neighborhood support does matter and that over 30 neighbors sign the petition. She stated that she would like to point out their love of the neighborhood, that there is not much turnover, and that not many homes go on the market. She stated that there have been six homes recently in Mortgage Hill that went on sale this year. She asked if the Board made a site visit. She stated that the plan filed with the building permit application does not show elevations. She stated that her house is located at the lowest elevation on Payson Street and experienced flooding in October with the heavy rains. She asked where the water will go when the land is cleared. Speaking in opposition of the appeal was attorney Edward Casey who stated that he represent Darryl Ware as well as his step daughter and her fiancé. He stated that he believes that the Building Inspector made the right decision. He stated that listening to the neighbors, they are clear. He stated that it is human nature to want to come up with a solution. He stated that he disagrees with Gary that Building Inspector made decision that the frontage was satisfied. He stated that it was actually the Planning Board. He stated that they determined that it warranted to endorse the plan. Mr. Ayrassian took exception to attorney Casey comment that he, Mr. Ayrassian, was wrong to identify that the Building Inspector made the decision that the frontage was satisfied leading to the issuance of the building permit. He stated that the Building Inspector most certainly did make the decision. He stated that because the Planning Board drew the conclusion that the frontage was satisfied does not in way obligate the Building Inspector to agree with that conclusion. He stated that the Planning Board’s decision was not appealed to the Zoning. He stated that the Building Inspector’s decision was appealed to the Zoning Board. Attorney Casey agreed. He then submitted a letter to the Board explaining that the road was extended under subdivision control law. He stated that Jonathan Bindbeutel asserted that the hammerhead should not be considered. He stated that the Planning Board’s subdivision rules and regulations however allow hammerhead turnarounds. He stated that the reason that the Planning Board allowed the more recent Form A plan to be approved constructively because he did not do his job well enough. He acknowledged that he did not research Rounds Place well enough. He stated that he learned about the street extension that was voted by the Planning Board in 1979. He stated that a hammerhead turnaround was used for frontage. He stated that the Planning Board did the right thing the first time around. He stated that when the Building Inspector processed the building permit application, he had to determine whether it had frontage and whether it complied with all other zoning. He stated that the Building Inspector made that determination that it did. He stated that Darryl Ware waited until the building permit was issued before purchasing the lot. He stated that Kayleigh and Edson only then took on the mortgage. He stated that the right thing to do is to uphold the Building Inspector. He stated that Kayleigh and Edson want to accommodate the neighbors because they will be living there and want to be good neighbors. He stated that Darryl Ware is a builder that can take care of the stormwater issues raised by the neighbors. ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 5 Speaking in opposition of the appeal was attorney Kayleigh Libeiro who stated that they are more than willing to be accommodating to the neighbors. She stated that this is a dream home for them and that they did not take out their construction loan until the building permit was issued. She repeated that they want to get along with their neighbors. Speaking neither for nor against the appeal was Danielle Bindbeutel who asked for clarification. She stated that the Planning Board denied the building permit and was confused between the butt end of the road and a turnaround. Mr. Ayrassian stated that the Planning Board did not deny the building permit. He stated that Planning Staff denied the building permit. He stated that there is a Planning Board, a Zoning Board, and a Conservation Commission and a planning staff that serves them. Ms. Davies stated that at the time she denied the building permit was because she did not have all of the background information that she now has. Mr. Ayrassian explained that a cul–de–sac and a turnaround are not the synonymous. He stated a cul–de–sac is a deadend. He stated that circular, P–shaped, hammerhead are all types of turnarounds used in subdivisions. He explained that there are situations there where a turnaround cannot be used such as on paper streets and that in these instances, a hammerhead turnaround is put on private property and the top of the roadway cannot be used for frontage. He stated that residents are welcomed to stop by the Planning Office anytime he would show them by use of plans the difference. There being no one else to speak, the public hearing was closed pending distribution of an e–mail received from Jonathon Bindbeutel that was received too late in the day to be placed on the meeting addendum. The Board heard the continued public hearing for #5697, the application of 37 Union Street Attleboro LLC 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 in association with a multi–family residential development , the subject premises being located at 37 Union Street, more specifically Assessor ’s plat #28, lot #397, located in the Central Business zoning district. Speaking in favor of the application was Tom Taricano of Fast Signs who stated that they installed the mock sign but that it did not hold up in the wind and that they have to reinstall it for the Board’s viewing. Cathy Merkle told Mr. Taricano to inform Ms. Davies with the mock board is reinstalled so that she may inform the Board to make a site visit. She also asked him to find out whether the sign will be illuminated. There being no one else to speak, the public hearing was continued. The Board heard Case #5699, the application of Sturdy Memorial Hospital, Inc. for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.5 (#21 B) TABLE OF ACCESSORY USE REGULATIONS to allow off–site parking stalls located in a zoning district different from that of the principal use, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.1 OFF –STREET PARKING REQUIREMENTS to reduce the required dimensions of off–street parking stalls, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.9(D) GENERAL PARKING AND LOADING SPACE STANDARDS to exceed the maximum permissible entrance/exit driveway width, and a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to under §17–5.9(A) GENERAL PARKING AND LOADING SPACE STANDARDS to allow for parking within the front yard setback requirement, the subject premises being located on O’Neil Boulevard, more specifically Assessor ’s plat #42, lot #299A, located in the Industrial zoning district. ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 6 Speaking in favor of the application was William Murray of Places Associates, Inc. He asked the Board to continue the public hearing to the Board’s January 2024 meeting. He stated that they have not yet filed a Major Site Plan Review application with the Planning Board for or a stormwater application with the Conservation Commission. He stated that those are in process. He stated that they are working with other departments on utility issues. Mr. Ayrassian advised Mr. Murray that before they file their applications with the Planning Board and Conservation Commission, that they meet with him to discuss their variances. He stated that the hospital just expects the variances because they just want more spaces. He stated that he has not seen any rationale for the variances and that a discussion might result in plan revisions, hence his suggestion not to file with the Planning Board and Conservation Commission yet. Mr. Murray stated that he feels they have provided reasons for the variances. Mr. Ayrassian stated that they meet first. The Board read the Form Z1 – Request to Continue a Public Hearing to January 24, 2024 submitted by William Murray on behalf of Sturdy Memorial Hospital, Inc., relative to Case #5699. Cathy Merkle made a motion to continue the public hearing to January 2024 relative to the special permit and variance applications filed by Sturdy Memorial Hospital, Inc. for property located on O’Neil Boulevard, Case #5699. Sandy Varrieur seconded the motion. All voted in favor to continue the public hearing. There being no one else to speak, the public hearing was continued to January 2024. The Board heard the continued public hearing for Case #5673, the application of Sturdy Memorial Hospital, Inc. 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 situation to construct a three–story Medical Office building and an addition to the existing Emergency Department building, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4 (#19) TABLE OF ACCESSORY USE REGULATIONS to accommodate the installation of a 30,000 gallon underground diesel fuel storage tank, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–5.6(A) LOCATION OF PARKING AND LOADING SPACES to allow the use of off–site parking stalls located within three hundred (300') feet from the nearest boundary line of the lot on which the principal use is maintained, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to exceed the maximum building height requirement, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to exceed the maximum permissible building area requirement , a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.1 OFF –STREET PARKING REQUIREMENTS to reduce the minimum required off–street parking stall dimensions, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.9(D) GENERAL PARKING AND LOADING SPACE STANDARDS to exceed the maximum permissible entrance/exit driveway width, the subject property being located at 211 Park Street, and a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.9( A) GENERAL PARKING AND LOADING SPACE STANDARDS to allow off–street parking stalls within the minimum front yard setback requirement, more specifically Assessor ’s plat #42, lot #133, #138, #138A, #139, #160–#163, #179–#204, #350, #350A, #350B, and #350C, located in the General Residence –A zoning district . Speaking in favor of the petition was William Murray of Places Associates spoke in favor. He explained that he submitted parking calculations on behalf of Sturdy and that the Planning staff agreed with them. He stated that his calculations showed a requirement for 874 off–street parking stalls and that they would be shy 82 project stalls at the completion of construction at 211 Park Street. He explained that in early November, the Zoning Board ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 7 approved the “Atwood Avenue” parking lot, which added 95 off–street parking stalls and thereby creating a surplus of 13 parking stalls. The Board read the Form Z2 – Request for an Extension of Time to December 22, 2023 submitted by William Murray on behalf of Sturdy Memorial Hospital, Inc., relative to Case #5673. Cathy Merkle made a motion to grant an extension of time to December 22, 2023 relative to the special permit and variance applications filed by Sturdy Memorial Hospital, Inc. for property located at 211 Park Street, Case #5673. Sandy Varrieur seconded the motion. All voted in favor to grant an extension of time to December 22, 2023. There being no one else to speak, the public hearing was closed. The Board held a business meeting. The Board discussed Case #5482A, the application of Ashli’s, Inc. d/b/a Zahara to amend a special permit (Case #5482) pursuant to §17–9.0 SPECIAL PERMITS under §17–10.15 MARIJUANA BUSINESS USES by modifying the approved hours of operation of a Marijuana Business (a marijuana retailer), the subject premises being located at 70 Frank Mossberg Drive, more specifically Assessor ’s plat #147, lot #5F, located in the Industrial zoning district . Cathy Merkle made a motion to grant to amend Special Permit, Case #5482, the special permit issued to Leonard J. Irving Center, Inc. & Ashli’s, Inc. on December 12, 2019, pursuant to §17–9.0 SPECIAL PERMITS under §17–10.15 MARIJUANA BUSINESS USES by modifying the approved hours of operation contained in Condition #9 for the Marijuana Business (a marijuana retailer) from 8:00 a.m. to 8:00 p.m. to 8:00 a.m. to 11:00 p.m. only on Thursdays, Fridays, and Saturdays, the subject premises being located at 70 Frank Mossberg Drive, more specifically Assessor’s plat #147, lot #5F, located in the Industrial zoning district. Sandra Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5700, the application of Linda Pacheco for a variance pursuant to §17–8.9 VARIANCES from the minimum lot area requirement under §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to accommodate the reconfiguration of a lot; the subject premises being located at 17 Jewel Avenue, more specifically Assessor ’s plat #44, lot #628 and #629, located in the Single Residence –A zoning district. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of 3,743 square feet from the minimum lot area requirement of 10,000 square feet from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to create a 6,256± square foot lot at the subject property located at 17 Jewel Avenue, as shown on the site plan. Kathy Rautenstrauch 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, lot to accommodate its reconfiguration, and create a 6,256± square foot lot at the subject property located at 17 Jewel Avenue, as shown on the site plan. Kathy Rautenstrauch 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, lot to accommodate its reconfiguration, and create a 6,256± square foot lot at the subject property located at 17 Jewel Avenue, 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 #5691, the application of TRSS, LLC for a special permit pursuant to §17–9.0 SPECIAL PERMITS and §17–3.4(#18) TABLE OF USE REGULATIONS – RETAIL , SERVICE , COMMERCIAL to establish a ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 8 self–storage facility, the subject premises being located at 400 O’Neil Boulevard, more specifically Assessor ’s plat #46, lot #56, located in the Industrial zoning district. Cathy Merkle made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4(#15) TABLE OF USE REGULATIONS – RETAIL, SERVICE, COMMERCIAL to establish a self–storage facility at 400 O’Neil Boulevard, as shown on the site plan entitled “PROPOSED SELF STORAGE FACILITY”,” prepared by Bruce G. Haberman of Crossman Engineering, 103 Commonwealth Avenue, North Attleboro, MA 02763, dated August 2023. Kent Richards seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5673, the application of Sturdy Memorial Hospital, Inc. 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 situation to construct a three–story Medical Office building and an addition to the existing Emergency Department building, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4 (#19) TABLE OF ACCESSORY USE REGULATIONS to accommodate the installation of a 30,000 gallon underground diesel fuel storage tank, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–5.6(A) LOCATION OF PARKING AND LOADING SPACES to allow the use of off–site parking stalls located within three hundred (300') feet from the nearest boundary line of the lot on which the principal use is maintained, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to exceed the maximum building height requirement, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to exceed the maximum permissible building area requirement , a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.1 OFF –STREET PARKING REQUIREMENTS to reduce the minimum required off–street parking stall dimensions, a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.9(D) GENERAL PARKING AND LOADING SPACE STANDARDS to exceed the maximum permissible entrance/exit driveway width, the subject property being located at 211 Park Street, and a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.9( A) GENERAL PARKING AND LOADING SPACE STANDARDS to allow off–street parking stalls within the minimum front yard setback requirement, more specifically Assessor ’s plat #42, lot #133, #138, #138A, #139, #160–#163, #179–#204, #350, #350A, #350B, and #350C, located in the General Residence –A zoning district. 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, situation associated with the Sturdy Memorial Hospital campus and thereby accommodate the construction of a three–story Medical Office building, an addition onto the existing Emergency Department building, and associated driveways, off–street parking lots, stormwater management systems, landscaping, lighting, signage, grading, utilities, infrastructure, and other associated renovations, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Sandy 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, situation associated with the Sturdy Memorial Hospital campus and thereby accommodate the construction of a three–story Medical Office building, an addition onto the existing Emergency Department building, and associated driveways, off–street parking lots, stormwater management systems, landscaping, lighting, signage, grading, utilities, infrastructure, and other associated renovations, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Sandy 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 §17–3.5 (#19) TABLE OF ACCESSORY USE REGULATIONS to accommodate the installation of a 30,000 gallon below–grade diesel fuel storage tank, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 9 dated June 5, 2023 and revised through October 16, 2023. Sandy 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 §17–5.6(A) LOCATION OF PARKING AND LOADING SPACES to allow the use of off–site parking stalls located within three hundred (300') feet from the nearest boundary line of the lot on which the principal use is maintained, more specifically located at 0 Pearl Street, 49 Pearl Street, and 59 Gardner Street, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of one–half (0.5) story to exceed the maximum building height requirement of two and one–half (2.5) stories pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS in the underlying use district, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of six and one–half (6.5%) percent to exceed the maximum permissible building area requirement of twenty–five (25) percent pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS in the underlying use district, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance of a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.1 OFF–STREET PARKING REQUIREMENTS to reduce the required minimum dimensions of off–street parking stalls from 10'x20' to 9'x18', as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.9(D) GENERAL PARKING AND LOADING SPACE STANDARDS of seven (7′) feet and thereby exceed the maximum permissible entrance/exit driveway width of twenty–five (25′) feet on O’Neil Boulevard, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES from the provisions pursuant to §17–5.9(D) GENERAL PARKING AND LOADING SPACE STANDARDS of one (1′) foot and thereby exceed the maximum permissible entrance/exit driveway width of twenty–five (25′) feet on Tappan Avenue, as shown on the site plan entitled “STURDY MEMORIAL HOSPITAL, NEW CONSTRUCTION, ADDITIONS, AND RENOVATIONS”, drawn and engineered by Susan E. Carter, RPE of Places Associates, Inc., 256 Great Road, Littleton, MA 01460, dated June 5, 2023 and revised through October 16, 2023. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5689, the application of John F. Camara 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 a farmer ’s porch, the subject premises being located at 562 South Main Street, more specifically Assessor ’s plat #103, lot #222, located in the General Residence –B zoning district. Catherine Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of seven (7′) feet from the minimum front yard setback requirement of thirty (30′) feet from the South Main Street right–of–way pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a 6′x38′ wraparound farmer’s porch at 562 South Main Street, as shown on the site plan. Kathy Rautenstrauch seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 10 The Board discussed Case #5698, the application of Jacob Silberstein for a variance pursuant to §17–8.9 VARIANCES from the minimum front yard setback requirement, a variance from the minimum side yard setback requirement, a and variance from the minimum rear yard setback requirement from the pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a garage and an addition, a variance from the maximum permissible building area requirement pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a garage and an addition, 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, single –family dwelling, the subject premises being located at 53 Garden Street , more specifically Assessor ’s plat #32, lot #71, located in the General Residence –A zoning district. Cathy Merkle 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 from the Garden Street right–of–way from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct an addition onto the pre–existing non–conforming residential building (a one–family dwelling) located at 53 Garden Street, as shown on the site plan. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of ten (10') feet from the minimum side yard setback requirement of fifteen (15') feet from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct an addition onto the pre–existing non–conforming residential building (a one–family dwelling) located at 53 Garden Street, as shown on the site plan. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. 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 four (4') feet from the provisions pursuant to §17–4.4.5(I) ACCESSORY STRUCTURES to construct a detached garage located at 53 Garden Street, as shown on the site plan. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of three and one half (3.5') feet from the minimum rear yard setback requirement of four (4') feet from the provisions pursuant to §17–4.4.5(I) ACCESSORY STRUCTURES to construct a detached garage located at 53 Garden Street, as shown on the site plan. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of eleven (11%) percent from the maximum permissible building area requirement of twenty–five (25%) percent from the provisions pursuant to §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct an addition and detached garage located at 53 Garden Street, as shown on the site plan. Sandy 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, residential building (a one–family dwelling) located at 53 Garden Street to construct an addition onto it, as shown on the site plan. Sandy 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 building (a one–family dwelling) located at 53 Garden Street to construct an addition onto it, as shown on the site plan. Sandy Varrieur seconded the motion. A discussion followed. All voted in favor. The Board attached conditions. The Board read all of the correspondence. The Board tabled the minutes of November 9, 2023. The meeting Adjourned at 10:15 p.m. ZONING BOARD OF APPEALS MINUTES – NOVEMBER 29, 2023 PAGE 11