Zoning Board of Appeals

Meeting Minutes ___________Tuesday, February 28, 2024 ZBA Board Chair: John Atwater ZBA Board Members: X John Atwater (Chair) X Anthony Karella X Matthew Waugh (Vice-Chair) Lisa Jaffe X Steven Lytwyn Robert Ferris (Associate member) X Tim Garaceau (Associate member) Absent: Lisa Jaffe MEETING AGENDA Call to Order: Public Speak: Administrative Items: Election of Officers: • Steven Lytwyn nominated John Atwater for Chair, Matt Waugh seconded, vote passed unanimously. • John Atwater nominated Anthony Karella for Vice-Chair, Tim Garaceau seconded, vote passed unanimously. 2024 Meeting Schedule: • The schedule was reviewed by the board ZBA Minutes: Minutes 12-20-2023: • Member Karella motioned to approve the minutes, Member Garaceau seconded, the minutes were approved unanimously. Public Meetings: Public Hearings: 6:00pm Amanda Milazzo & Small Oven – Seeking a Special Permit to maintain the existing use as a bar and add a new use as a bakery in a preexisting-nonconforming structure under Section 4.22b, 11.11b, & 10.15 of the Zoning Ordinance. The property is located at 40.5 Holyoke St, (Map 150 Parcel 212, R-15 Zoning District) Representing the applicant: Geoff Arthur, Amanda Milazzo The applicant presented the project in terms of the submitted materials summarized as follows: • The new spot, which the applicant intends to call Darlings, will operate as a satellite for the primary Small Oven bakery. • The intention is to be a bar at night, and a grab-and-go cafe during the day • The applicant proposed 4 different parking plans. The applicant stated the design which has cars pull up to building nose first would be their preferred plan, as this minimizes the impact on the neighborhood, while maximizing parking for the business. • The applicant would be open to limiting parking on site from 10 spots to 9. • The expectation would be that if the parking lot were to fill up, Fairfield Street would likely be used for parking instead of Holyoke st. • The hours of operation 7:30am – 2:00pm reopen at 5:00pm – 1:00am. Closed on Mondays. • The style will be grab-and-go. All the food will be prepared at small oven and brought over. • Seating capacity will 20 with a total building capacity of 45. • The applicant does not currently plan on having live entertainment as a regular occurrence, but may have some occasions will live music, such as a guitarist, playing sometime in the future. • The applicant hopes to do event hosting, such as banquets, at some point. Member Garaceau stated the circulation would be challenge since the street is narrow and there is an active school bus stop nearby. The applicant plans to address these issues with signage. Public Comment: The following members of the public spoke, summarized as follows: • Kristy Patrick stated they are excited about the project, but has some concerns about the parking. Patrons from the 413 bar have backed into their fence and have blocked their driveway. The applicant stated they intend to have patrons pull in nose first. • Susanne Bowles stated that as the immediate neighbor, they have had to clean up cigarette butts from patrons of the 413 bar. They stated they are excited about this project as they believe it will attract a more respectful cliental. They are also willing to make an agreement with the applicant to allow parking in front of their detached garage. Member Waugh moved to approve the application with no conditions, stating that he believes the business and the neighbors may want to make changes to the plans based on their experiences once the business is operating. Member Karella seconded. The Board continued onto the public comment portion of the meeting. • Roger Patrick state he’s concerned about noise from the bar, and that 1am may be a little late. Member Lytwyn asked about the noise levels and hours of the 413 bar. Mr. Patrick stated they closed earlier, but people smoking outside were often loud. The applicant stated they don’t intend to operate until 1 am all nights of the week, but would like the option to do so in case of events that may run late. Member Waugh stated that the ZBA should not limit their hours, and that should be left to the licensing board. • Jesse Belcher-Timme stated that parking has created issues in the past and believes the ZBA should make a clear decision on parking so neighbors know what to expect. Chair Atwater stated  he agreed with Mr. Belcher-Timme that there should be a condition on parking. He stated his preference would be to have nose in parking. • Roger Patrick asked if the city had requirements about parking. Chair Atwater stated the city does, and that this applicant meets those requirements. • Marlies Stoddard stated that there’s adequate parking and that the applicant seems willing to work with neighbors, and doesn’t feel the need for restrictions from the board. The Vote was held to approve the application with no restrictions. Member Karella and Member Waugh voted in favor. Chair Atwater, Member Lytwyn, and Member Graraceau voted against. The motion failed. Chair Atwater moved to approve the application with the condition that parking be limited to nose-in along Fairfield St side of the building. Member Lytwyn seconded. The vote passed unanimously. 6:30pm Michael Periera - Seeking a Special Permit to modify a 1991 approval and convert three parking spaces to outdoor dining and other minor site changes, and a Special Permit under Section 10.04 (e) for a monument sign taller than the 15-foot maximum height. Property is located at 126 Northampton Street (Map 128 Parcel 96, HB Zoning District) Member Waugh moved to approve the special permit with no conditions. Representing the applicant: Michael Periera The applicant presented the project in terms of the submitted materials summarized as follows: • The applicant wants to move the menu sign two car lengths back. This will not impact traffic in the plaza, but will improve the delivery of service in the store. • When asked about the safety in the parking lot related to traffic, the applicant stated that they do not believe the proposed changes will have a negative impact on safety. • The applicant intends to place bollards along the outside of the proposed outside dining area, and the area will be on a concrete pad. There were no members of the public to comment on the application. Chair Waugh moved to approve the application. Member Garaceau seconded. The vote passed unanimously. Chair Waugh moved to adjourn the meeting. Member Garaceau seconded. The vote passed unanimously.