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 JANUARY 11, 2024 In accordance with the provisions of the General Laws of Massachusetts, Chapter 40A, as amended, public hearings were held on Thursday, January 11, 2024 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 relative to Case #5701, the application of Liquid Environmental Solutions for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.5(#19) TABLE OF ACCESSORY USE REGULATIONS for the accessory storage of antifreeze in a 10,000 –gallon aboveground storage tank; the subject premises being located at 527 Pleasant Street, Unit B, more specifically Assessor ’s plat #225, lot #5, located in the Industrial zoning district. The Board read the email from project engineer Robert Coluccio on behalf of the petitioner Liquid Environmental Solutions, dated January 2, 2024, to Senior Land Use Planner Stephanie Davies requesting the Board to allow them withdraw the application without prejudice. Senior Land Use Planner Stephanie Davies clarified that the applicant is CYN Oil not Liquid Environmental Solutions. She noted that Liquid Environmental Solutions was the applicant listed on the site plan. Cathy Merkle made a motion to allow CYN Oil to withdraw the application, Case #5701, without prejudice. Sandy Varrieur seconded the motion. All voted in favor. 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. The Board read the email from Jude Law, dated January 9, 2024, to Senior Land Use Planner Stephanie Davies requesting that the Board continue the public hearing to the Board’s February meeting. Cathy Merkle made a motion to continue the public hearing to the Board’s February meeting relative to the variance application of Jude Jacobs, Case #5680. Kathy Rautenstrauch seconded the motion. All voted in favor to continue the public hearing to the Board’s February meeting. There being no one to speak, the Board continued the public hearing. ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 1 OF 7 The Board heard the continued public hearing relative to Case #5699, the application of Sturdy Memorial Hospital for 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 to be located in a zoning district different from that of the principal use, a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–5.6 LOCATION OF PARKING AND LOADING SPACES to allow off–street parking spaces off–site but within 300–feet of the principal use, and a special permit pursuant to §17–6.0 NON –CONFORMING USES , STRUCTURES , AND LOTS to accommodate pre–existing, non–conforming, parking space dimensions, maneuveri ng area, and existing curb cuts, the subject premises being located at 49 Pearl Street, more specifically Assessor ’s plat #42, lot #263–#265, #279–#281, located in the Industrial zoning district. The Board read the Form Z2, Request for an Extension of Time, submitted by William Murray of Place Associates, Inc., dated January 9, 2024, requesting an extension of time to February 23, 2024 on behalf of the petitioner Sturdy Memorial Hospital relative to its special permit application, Case #5699. Cathy Merkle made a motion to grant an extension of time to February 23, 2024 relative to the special permit application of Sturdy Memorial Hospital, Case #5699. John Camara seconded the motion. All voted in favor to grant an extension of time to February 23, 2024. There being no one to speak, the Board continued the public hearing. The Board heard the continued public hearing relative to 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. Director of Planning and Development Gary Ayrassian stated that the petitioner’s traffic engineer, Jennifer Conners of Vanasse & Associates, Inc., submitted the supplemental traffic report information dated December 27, 2023 relative to the special permit application of Maruti Wellness, LLC, 266 Washington Street. He stated that this is the additional information that the Board and staff requested regarding the existing signal timing and LOS in the event MADOT traffic improvements are not completed at the intersections cited in VAI’s previous traffic report. He stated that the applicant asked that the Board continue the public hearing to the Board’s February meeting. The Board reviewed the petitioner’ request to continue the public hearing to the Board’s February 8, 2024 meeting, as Maruti Wellness, LLC is waiting for the traffic peer review. Cathy Merkle made a motion to continue the public hearing to the Board’s February meeting relative to the special permit application of Maruti Wellness, LLC, Case #5684. Kent Richards seconded the motion. All voted in favor to continue the public hearing to the Board’s February meeting. There being no one to speak, the Board continued the public hearing. The Board heard continued Case #5702, application of Murray Marketing, Inc. d/b/a Murray Outdoor Communications for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.4(#27) TABLE OF USE REGULATIONS to accommodate the relocation of an existing wireless telecommunications antenna 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, use (a billboard sign), the subject premises being located at 0 Pleasant View Street, more specifically Assessor ’s plat #1, lot #3 and #3A, located in the Industrial zoning district . Speaking in favor of the petition was attorney Edward Casey spoke in favor of the application. He reminded the Board that the application is for an alteration of an existing billboard on what was once the Cumberland ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 2 OF 7 Engineering site. He distributed revised plans. He noted that the proposed billboard would be almost in the same exact location of the current billboard, but that the sign face of the proposed billboard is eight (8′) feet wider and extends further out. He noted that the Board requested the submission of a graphic showing the existing and proposed. He noted that the dimensions of the Cardi’s and Vachon billboards are both 14′x48′ because that is the industry standard. Cathy Merkel inquired about the diameter of the sign’s monopole. Speaking in favor of the petition was Joe Murray who stated that it will be thicker. He explained that the current windload design per sign square footage is higher than what it was 30 years ago for the current sign. Attorney Casey stated that as requested by the Board, they provided a certification from the engineer that the proposed sign could withstand requisite snow and ice loads. Ms. Davies asked for clarification regarding the height of the proposed billboard, as described on the site plan. She stated that in one instance, the height is in reference to sea level but in other places on the site plan, a different reference point is cited. Attorney Casey said he would confirm the heights with the engineer and present it to the Board for consideration. Mr. Ayrassian noted that the overall proposal is a considerable alteration in the non–conforming use. He stated that he agrees that the use is grandfathered and that it may be altered and extended but noted that one is not allowed carte blanche changes. Attorney Casey agreed, but noted that Mr. Murray presented information that the size of proposed billboard is consistent with other newer billboards on this Attleboro stretch of Route 95. He stated that 14′x48′ is a standard in the industry. He noted that the surrounding area is an industrial zone. Mr. Ayrassian asked the applicant to submit in writing the dimensions of existing billboard signs in Attleboro for comparative purposes with the proposed billboard sign’s dimensions. There being no one else to speak, the public hearing was continued. The Board heard Case #5706, the application of Liquor Mart 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 liquor store, the subject premises being located at 15 Highland Avenue, more specifically Assessor ’s plat #64, lot #81, located in the General Business zoning district. Speaking in favor of the petition was Vish Patel on behalf of his sister. He explained that they want to upgrade the existing signs to improve their visibility to increase business. He explained that they have three sign and they can barely be seen, especially at night. He said that one sign faces Route 1, one faces Route 1A, and the other one faces Highland Avenue. He explained that the Route 1 and Highland Avenue signs would measure 4.5′x22′ and the Route 1A sign would have the same dimensions but replaced with a letter sign. Ms. Davies noted that the Route 1A could be replaced without any relief as long as the new sign had the same dimensions. Cathy Merkle asked if the signs would be internally lit. Mr. Patel replied yes. Cathy Merkle asked how long the signs are turned on. ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 3 OF 7 Mr. Patel said that they are on from 5:00 p.m. to 11:00 p.m. but it also depends on the amount of daylight. He noted that 11:00 p.m. is the latest they remain open and that they are open seven days per week. There being no one else to speak, the public hearing was closed. The Board heard Case #5703, the application of Thomas Hennessy for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.4 HOME OCCUPATION to operate a food preparation and delivery business at his place of residence; the subject premises being located at 348 South Main Street, more specifically Assessor ’s plat #37, lot #55, located in the Single Residence –B zoning district. Speaking in favor of the petition were Tom Hennesy and Ms. Chutimon Johnson of 348 South Main Street Mr. Hennessy explained that Ms. Johnson cooks Thai food and has experience working in the restaurant business. He stated that the property contains a building that was originally a garage and was then converted to a cabana. He noted that the building has electricity, water, lights, and sewer. He stated that there is also a half bath in the building. He said they would like to convert the building to a kitchen so Ms. Johnson could cook as part of an on–line restaurant business for preparing meals and delivering locally. He stated that Ms. Johnson would be the only employee. He stated that being by herself and working on her own, it was anticipated that she would not prepare more than 10 meals per day. He stated that there would be no pickups only deliveries. He stated that they made this determination because their property is located at the intersection of South Main Street and Thacher Street, immediately opposite from Thacher Street and this is a very busy intersection and did not want customers coming to deal with the traffic. He stated that Ms. Johnson would like to cook for the farmer’s market in the summer as well. Ms. Davies asked if they had spoken with the Health Department. Mr. Hennessy stated that they had, but that it was recommended they apply for the home occupation first. Mr. Ayrassian said it appears to him that the petitioners want to operate a restaurant. He asked if the applicant had looked around the Central Business zoning district to see if there were any places they could lease or rent for their proposed business. He said he did not believe that the home occupation special permit contemplates this type of business. Mr. Hennessy said that Ms. Johnson did not feel she would generate enough business to rent a space. He said that running the business from their home is the best way to start up the business. He noted that if she becomes too busy, they would seek a storefront. Mr. Ayrassian said given the overhead, he felt that they would have to prepare more than 10 meals a day. Mr. Hennessy said that is the way he feels about opening a restaurant. He said that it feels like a big risk. Mr. Ayrassian asked if they had thought about the equipment needs such as scrubbers and grease traps that could be required by the Health Department and Wastewater Department. He recommended that the applicants speak with the Health Agent and Wastewater Department to understand what it would entail to upgrade the garage for it to be meet minimum requirements for commercial kitchen. Mr. Richards stated he thought an automated fire suppression system would be required as well. Ms. Johnson stated she did not mind if she had one order per day, she really just wanted the kitchen for the Farmer’s Market. ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 4 OF 7 Ms. Merkle said she understood but explained that the issue is that she needs the home occupation special permit and she would need to comply with the food preparation requirement of the Health, Fire Department, and Wastewater Department aside from the special permit from the Zoning Board. There being no one else to speak, the public hearing was continued. The Board heard Case #5704, the application of Edwin Saladin for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.4 HOME OCCUPATION to operate a commer cial enterprise providing services in real estate, insurance, security, and travel at his place of residence, the subject premises being located at 16 Mawney Street, more specifically Assessor ’s plat #66, lot #59, located in the Single Residence –C zoning district . Speaking in favor of the application was Edwin Saladin of 16 Mawney Street who presented the application and stated that he would like to be able to run his business, World of Wealth, from his home. He stated that clients would come to his residence. He explained the business, which would entail entrepreneurial advice, real estate, insurance, travel, mentorship, promotion and marketing support, and financial guidance. Mr. Ayrassian explained to Mr. Saladin the only reason he is before the Board is because the proposed business model calls for meeting clients at his place of residence and that if he simply chose to meet clients at his office address or other location, he would not home occupation special permit. He further explained that if the Board were to grant the home occupation special permit, it would be subject to conditions and that the special permit would have to be renewed in perpetuity. Mr. Saladin stated that he understood this but nonetheless wanted to pursue the special permit. Cathy Merkle inquired about the hours of operation. Mr. Saladin replied Monday through Sunday, 9:00 a.m. to 9:00 p.m. Cathy Merkle inquired about the number of clients that would on the premises at any given time and the maximum number of clients during the day. Mr. Saladin replied only one client at any given time and a maximum of five during day. He stated that sometimes one client could constitute more than one person such as a music band. The Board asked for confirmation that there would be no commercial signage anywhere on the house or premises. Mr. Saladin agreed. The Board asked for confirmation that there not be excessive deliveries. Mr. Saladin agreed. Mr. Ayrassian asked how many employees would be on the premises at any given time. Mr. Saladin replied that he would be the only employee. Mr. Ayrassian asked how many cars could fit on the driveway. Mr. Saladin stated that he has a two–car garage and could fit four cars on the driveway. ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 5 OF 7 There being no one else to speak, the public hearing was closed. The Board heard Case #5705, the application of Myles Baer and Christina Vieira for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.5(#2 A) TABLE OF ACCESSORY USE REGULATIONS to raise and keep goats, the subject premises being located at 86 Wilmarth Street, more specifically Assessor ’s plat #87, lot #119, located in the Single Residence –D zoning district . Speaking in favor of the petition was Christine Vieira of 86 Wilmarth Street who stated that she is requesting to move her herd of miniature goats from Rehoboth, where she previously lived, to Attleboro. Cathy Merkle asked how many goats. Ms. Vieira stated that she typically has around 8, but it can be up to 12 goats when they breed. She said they will be located within a fenced–in portion of her land and will have a mobile enclosure. Mr. Ayrassian inquired about waste clean–up. Ms. Vieira said that she cleans the bedding once per week and composts the waste. Kent Richards inquired about home dairy use. Ms. Vieira said she drinks the goats’ milk and that she sells the babies. She said in order to have goat’s milk you need to have baby goats. She said she spaces the breeding out so there are only 1–2 babies per cycle and they have to be 8 weeks before they may be adopted them. Cathy Merkle asked how close the enclosure is to the nearest neighbor. Ms. Vieira stated that the fence is along the property line, but the neighbor is rather far away. She described the property and nearest house. Mr. Ayrassian inquired about noise and noise suppression. Ms. Vieira said the goats are only noisy if she does not feed them. Speaking neither for nor against was Russell Pray of 61 Wheaton Drive who stated that his property runs parallel to Wilmarth Street and that he could look over and see the property. He said that before the current owners purchased the land, the landscaping was pristine. He said that since they have moved in, they have never mowed the lawn or pruned the hedges. He said he was concerned that if they do not keep up what they have, how can the Board be certain they will maintain the goats. He said he is not objecting to the goats but asked that the Board to consider the other implications associated with lambs. e said that generally the neighborhood is neat and orderly. There being no one else to speak, the public hearing was closed. The board held a business meeting . The Board read the letter from attorney John F. D. Jacobi, III of Coogan Smith, dated December 18, 2023, to the Zoning Board of Appeals, relative to the special permit issued to Metalor Technologies, 52 Gardner Street, Case #5693. Attorney Ed Casey explained the modifications to the Board. He stated that after the Board rendered its decision and that after Metalor Technologies recorded it, that it was only then that they found out that the smoke stack needed to be taller by an additional 55–feet. ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 6 OF 7 Mr. Ayrassian stated that the Board has to first determine whether the proposed modification warrants a public hearing and then decide whether to approve the modification. Cathy Merkle made a motion that the proposed modification as explained in the December 18, 2023 letter does not warrant a public hearing. Sandy Varrieur seconded the motion. A brief discussion followed. All voted in favor in favor that the proposed modification does not warrant a public hearing. Cathy Merkle made a motion to approve the proposed modification as explained in the December 18, 2023 letter. Kent Richards seconded the motion. A brief discussion followed. All voted in favor to approve the proposed modification as explained in the December 18, 2023 letter. The Board discussed Case #5704, the application of Edwin Saladin for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.4 HOME OCCUPATION to operate a commer cial enterprise providing services in real estate, insurance, security, and travel at his place of residence, the subject premises being located at 16 Mawney Street, more specifically Assessor ’s plat #66, lot #59, located in the Single Residence –C zoning district. Cathy Merkle made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.4 HOME OCCUPATION to allow Edwin Saladin to operate a commercial enterprise providing services in real estate, insurance, security, travel, and the like at his place of residence at his place of residence, located at 16 Mawney Street. Kent Richards seconded the motion. A brief discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5705, the application of Myles Baer and Christina Vieira for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.5(#2 A) TABLE OF ACCESSORY USE REGULATIONS to raise and keep goats, the subject premises being located at 86 Wilmarth Street, more specifically Assessor ’s plat #87, lot #119, located in the Single Residence –D zoning district. Cathy Merkle made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.5(#2A) TABLE OF ACCESSORY USE REGULATIONS to allow the petitioner to raise and keep twelve (12) miniature goats for domestic purposes at her place of residence located at 86 Wilmarth Street, as shown on the site plan. Kent Richards seconded the motion. Kent Richards seconded the motion. A brief discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5706, the application of Liquor Mart 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 liquor store, the subject premises being located at 15 Highland Avenue, more specifically Assessor ’s plat #64, lot #81, located in the General Business zoning district. Cathy Merkle made a motion to grant a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–16.3 ADMINISTRATION to vary from the applicable sign regulations pursuant to §17–16.9 TABLE OF PERMITTED SIGNS & DIMENSIONAL REGULATIONS that govern the maximum allowable dimensions of wall signs and thereby permit the proposed signs, as shown in the application materials associated with the existing liquor store located at 15 Highland Avenue. Sandy Varrieur seconded the motion. A brief discussion followed. All voted in favor. Cathy Merkle made a motion to grant a special permit 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 thereby allow the installation of two wall signs, each measuring 4.5′x22′ (99 square feet), that each exceed the maximum allowable area of 50 square feet, as shown in the application materials associated with the existing liquor store located at 15 Highland ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 7 OF 7 Avenue. Sandy Varrieur seconded the motion. A brief discussion followed. All voted in favor. The Board attached conditions. The Board discussed Case #5685, 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 establish 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 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, commercial use to establish a convenience store and smoke shop at 644 Pleasant Street, as shown on the site plan. Sandy Varrieur seconded the motion. A brief 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 expand a pre–existing, non–conforming commercial use to establish a convenience store and smoke shop at 644 Pleasant Street, as shown on the site plan. Sandy Varrieur seconded the motion. A brief discussion followed. All voted in favor. The Board attached conditions. The Board read all of the correspondence. Cathy Merkle made a motion to approve the minutes of November 9 2023 and November 29, 2023. Kent Richards seconded the vote. All voted in favor to approve the minutes of November 9 2023 and November 29, 2023. The Board tabled the minutes of December 14, 2023. The meeting adjourned at 8:30 p.m. ZONING BOARD OF APPEALS JANUARY 11, 2024 PAGE 8 OF 7