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 SEPTEMBER 12, 2024 In accordance with the provisions of the General Laws of Massachusetts, Chapter 40A, as amended, the Zoning Board of Appeals held public hearings on Thursday, September 12, 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 Catherine Merkle, John Camara, Kathyrn Rautenstrauch, and Kent Richards Absent: Sandra Varrieur The Board heard Case #5742, the application of Rust–Oleum Corp. for variances pursuant to §17–8.9 VARIANCES from the provisions of §17–5.1 OFF –STREET PARKING REQUIREMENTS under §17–5.8(C) PARKING AND LOADING SPACE STANDARDS , §17–5.8(H) PARKING AND LOADING SPACE STANDARDS and as well as §17–5.9(A) GENERAL PARKING AND LOADING SPACE STANDARDS relative to the construction specifications for a parking lot, and a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–12.0 FLOOD PLAIN DISTRICT to conduct work/excavation within the 100–year floodplain, the subject premises being located at 116 Olive Street, more specifically Assessor ’s plat #32, lot #30, located in the Industrial zoning district. Kent Richards recused himself from the public hearing noting that he is an employee of Rust–Oleum Corp. Speaking in favor of the application was Jacob T. Lemieux, PE of 315 Elm Street, Marlborough, MA 01752 who stated he was representing Rust–Oleum Corporation. He stated there two projects are proposed on the site that would be undertaken concurrently. He stated that one aspect of the project involves the demolition of a portion of the existing building and that by doing so, he explained that it would create flood storage capacity during a 100–year storm. He showed the location of the demolition by use of the site plan. He presented an overview of the demolition plan of the subject portion of the building, the corner of which was the closest corner of the building to the riverfront. He stated that he submitted the floodplain calculation to the Conservation Commission and that he would submit them to the Zoning Board prior to the next meeting. He stated that this aspect of the project does not require regulation by the Board but he wanted to explain the overall proposed site improvements. He stated that they are also proposing to construct a small parking lot and related minor building renovations on the other end of the building, which he showed on the site plan. He stated that all existing parking on the site is used and that they need to create additional parking capacity. He showed by the use of the site plan the location of the proposed 13–stall parking lot. He stated that the proposed location is currently a grassy field but that around 2013, it was occupied by a building. He stated that their plan is to build a 13–stall parking lot along with a new entry lobby and a new elevator shaft that accesses all of the upper floors. He stated that all of relief they are requesting is related to the proposed parking lot area. He also stated that they are requesting a variance from §17–5.8(C) PARKING AND LOADING SPACE STANDARDS, §17–5.8(H) PARKING AND LOADING SPACE STANDARDS and §17–5.9(A) GENERAL PARKING AND LOADING SPACE STANDARDS as well as a special permit from §17–9.0 SPECIAL PERMITS under §17–12.0 FLOOD PLAIN DISTRICT. He stated that the proposed parking lot has frontage along two streets, which makes it difficult to satisfy the parking requirements. He state that if they had to adhere to both front yard setback ZONING BOARD OF APPEALS SEPTEMBER 12, 2024 PAGE 1 requirements, it would be impossible to build the parking lot. He stated that they are proposing to maintain the existing fence around and to plant landscaping to compensate for the setback requirements and make the parking lot look better for the surrounding single–family houses. Director of Planning and Development Gary Ayrassian agreed that the Board of Appeals does not have jurisdiction with respect to the demolition of the building at the back of the site. He stated that they however need to submit the floodplain elevation where they are proposing to build the parking lot as well as the how they plan to address the compensatory storage that is needed since they are proposing to fill land located in the 100–year floodplain in order to construct the parking lot. There being no one to speak, the public hearing was continued. The Board heard Case #5743, the application of Spencer Keene 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 wraparound farmer ’s porch, the subject premises being located at 863 West Street, more specifically Assessor ’s plat #81, lot #264B, located in the Single Residence –D zoning district . Kent Richards rejoined the meeting. Speaking in favor of the petition was Spencer Keene of 863 West Street who stated he is requesting a variance from the minimum front yard setback to building a wraparound farmer’s porch. He stated that the proposed 6–foot deep porch would stretch along the entire front of the house and wraparound along the right side of the house. He stated that the proposal also includes a set of stairs on the front side of the porch. He stated he is currently renovating the house and believes the porch would be visually appealing, provide shade from the sun, and help keep the house cooler and thereby reduce their energy bill. He also noted that the porch would tie in nicely with the fencing and pool. He stated that he spoke with his neighbors and that they all expressed support. Cathy Merkle asked for confirmation that a stairwell is proposed. Mr. Keene replied yes. Cathy Merkle asked on the front of the porch or the side. Mr. Keene replied on the front of the porch. There being no one else to speak, the public hearing was closed. The Board heard Case #5741, the application of Jose Barrios for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–3.5(#2D) TABLE OF ACCESSORY USE REGULATIONS to raise and keep chickens at their place of residence; the subject premises being located at 111 Emory Street, more specifically Assessor ’s plat #61, lot #190, located in the General Residence –A zoning district. The petitioner did not attend the public. The Board directed the staff to contact Mr. Barrios and tell him that he must attend the Board’s next meeting to present the application. There being no one to speak, the public hearing was continued. ZONING BOARD OF APPEALS SEPTEMBER 12, 2024 PAGE 2 The Board heard the continued public hearing for Case #5718, the application of Green River Cannabis Co., Inc. for a special permit pursuant to §17–9.0 SPECIAL PERMITS under §17–10.15 MARIJUANA BUSINESS USES to establish a retail marijuana business, a variance pursuant §17–8.9 VARIANCES from the provisions of §17–5.9(D) GENERAL PARKING AND LOADING SPACE STANDARDS to exceed the maximum permissible driveway width of twenty –five (25′) feet, and a variance pursuant §17–8.9 VARIANCES from the provisions of §17–5.1 OFF –STREET PARKING REQUIREMENTS to reduce the required off–street parking stall dimensions of 10′x20′, the subject premises being located at 707 Newport Avenue, more specifically Assessor ’s plat #19, lot #43, #44, and #45, located in the General Business zoning district . Mr. Ayrassian informed the Board that the applicant submitted requests asking the Board to continue the public hearing and for an extension of time. The Board read the email from Scott Rolfe of OHI Engineering, Inc., dated September 12, 2024, to Director of Planning and Development Gary Ayrassian requesting the Zoning Board to continue the public hearing to October 31, 2024 relative to special permit and variance application of Green River Cannabis, Co., Inc. for property located at 707 Newport Avenue, Case #5718. Cathy Merkle made a motion to continue the public hearing to October 31, 2024 relative to the special permit and variance applications of Green River Cannabis Co., Inc., Case #5718. John Camara seconded the motion. All voted in favor to continue the public hearing to October 31, 2024. The Board read the email from Scott Rolfe of OHI Engineering, Inc., dated September 12, 2024 to Director of Planning and Development Gary Ayrassian requesting from the Zoning Board an extension of time to October 31, 2024 relative to special permit and variance application of Green River Cannabis, Co., Inc. for property located at 707 Newport Avenue, Case #5718. Cathy Merkle made a motion to grant an extension of time to October 31, 2024 relative to the special permit and variance applications of Green River Cannabis Co., Inc., Case #5718. John Camara seconded the motion. All voted in favor to grant an extension of time to October 31, 2024. There being no one to speak, the public hearing was continued. The board held a business meeting. The Board discussed Case #5743, the application of Spencer Keene 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 wraparound farmer ’s porch, the subject premises being located at 863 West Street, more specifically Assessor ’s plat #81, lot #264B, located in the Single Residence –D zoning district . Cathy Merkle made a motion to grant a variance pursuant to §17–8.9 VARIANCES of six (6′) feet from the minimum front yard setback requirement of thirty (30′) feet from the West Street right–of–way pursuant to the provisions of §17–4.9 TABLE OF DIMENSIONAL AND DENSITY REGULATIONS to construct a six (6′) foot deep wraparound farmer’s porch along the front side and right side of the one–family dwelling located at 863 West Street, as shown on the site plan. Kent Richards seconded the motion. A discussion was held. All voted in favor. The Board attached conditions. The Board reviewed all the correspondence. Catherine Merkle made a motion to approve the minutes of August 8, 2024. Kathryn Rautenstrauch seconded the motion. All voted in favor to approve the minutes of August 8, 2024. ZONING BOARD OF APPEALS SEPTEMBER 12, 2024 PAGE 3 The Board scheduled its meeting in October on October 10, 2024. The meeting adjourned at 6:46 p.m. ZONING BOARD OF APPEALS SEPTEMBER 12, 2024 PAGE 4