Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 27, 2012 A public hearing of the Zoning Board of Adjustment was held on Tuesday, March 27, 2012 at 6:30 PM in the Auditorium at City Hall. Gerry Reppucci, Vice Chair, conducted the meeting. Members present were: Gerry Reppucci, Vice Chair Jack Currier Rick Johnson J.P. Boucher Carter Falk, AICP, Deputy Planning Manager/Zoning Mr. Reppucci explained the Board's procedures, including the points of law required for applicants to address relative to variances and special exceptions. Mr. Reppucci explained how testimony will be given by applicants, those speaking in favor or in opposition to each request, as stated in the Zoning Board of Adjustment (ZBA) By-laws. Mr. Reppucci also explained procedures involving the timing light. 1. GTY MA/NH Leasing, Inc, (Owner) Pandolfo Company, Inc. (Applicant) 620 Amherst Street (Sheet I Lot 56) requesting variance to exceed maximum wall sign area, 97.5 square feet allowed – 261 square feet requested. PI Zone, Ward 2. Voting on this case: Gerry Reppucci Jack Currier Rick Johnson J.P. Boucher Joe Pandolfo, Pandolfo Company, Agent for Jiffy Lube, Nashua, NH. Mr. Pandolfo stated that the Regional and District Manager for Jiffy Lube is with him. He said that this Jiffy Lube is a franchisee; it’s not a corporate store. He said they own 39 locations throughout New England, and about 50 locations on the west coast, which are all franchises. Mr. Pandolfo brought up some photographs of the site, taken from ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 27, 2012 Page 2 across the street. He stated that the building has been a quick lube for about 15 years, and it closed down about 5-6 years ago, and it was last operating as a Shell Rapid Lube, as shown on the photos, with the yellow and red stripes on the top of the building. He said that they obtained approval by the Planning Board, and opened up about two weeks ago. Mr. Pandolfo said the ground sign is being refaced, in which a sign permit was not necessary. He said the actual sign area of all three proposed signs is under the 97.5 square feet that is allowed, however, due to the language in the ordinance; the whole front area has to count towards the signage. He said the front area is about 66 feet long, by 3 feet high, and the whole area counts, even though the letters are about 15 square feet in area. He said if the red/silver stripe colored area is taken away, they’d be under the size allowed. Mr. Pandolfo said that Shell had the whole top of the façade around the building painted with their colors, but no one knows how they got that approved, but they should have gotten a variance as well. He said that all their colors will be removed, so, in a sense, the Jiffy Lube area will be reduced in size. Mr. Pandolfo said the sign on the front is 15.7 square feet, it’s their identity. Mr. Reppucci asked if a stipulation would be ok that, should the Board approve the request, that no additional text could be added to the sign. Mr. Pandolfo said yes. Mr. Reppucci clarified that the next tenant couldn’t put up 261 square feet of text, on the entire surface. Mr. Pandolfo said that Jiffy Lube would be fine with that. Mr. Pandolfo said that the side would have 30 square feet, and the rear would have 33 square feet. He said the left side would have no signage. Mr. Currier asked how many square feet the sign would be if the red-striped area is removed? ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 27, 2012 Page 3 Mr. Falk said they’d have about 81 square feet. Mr. Currier asked about the entrance and exit signs. Mr. Falk said they are directional signs; their square footage is separate and is not factored into the wall sign area. Mr. Johnson asked if the signs will be lit in any way. He said the case is consistent with other cases the Board has heard. Mr. Pandolfo said the signs will be internally lit. Mr. Falk said that they’re allowed 97.5 square feet of wall signage, and they’re coming in with 81 square feet, so, they’re under. He asked if, should the Board support the request, that they could have what is presented, or what is allowed by right. He said they could change one of the signs in the future, and still stay within the 97.5 square feet allowed. Mr. Johnson said that Mr. Currier said it’s not to exceed what is allowed. SPEAKING IN FAVOR: No one. SPEAKING IN OPPOSITION OR WITH QUESTIONS OR CONCERNS: No one. MOTION by Mr. Currier to approve the variance request on behalf of the applicant. Mr. Currier said that he’s making motion to approve the application with the stipulation that the text component of the sign does not exceed 97.5 square feet, it’s currently approximately 81 square feet as proposed in the application, on the plan dated January 25, 2012. He said the balance of the wall sign area, which is the 261 square feet requested, is essentially a red and white stripe, the Jiffy Lube logo that’s proposed on the plan. He said that the text portion of the sign does not exceed 97.5 square feet, but the applicant has the right to make that red and white stripe, which brings it up to 261 square feet requested. ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 27, 2012 Page 4 Mr. Currier stated that the variance is needed to enable the applicant’s proposed use of the property, the request is within the spirit and intent of the ordinance, it will not adversely affect the property values of surrounding parcels, it is not contrary to the public interest, and substantial justice is being done. SECONDED by Mr. Johnson. Mr. Pandolfo said he understands the motion and the stipulation, but said that they can’t increase the size, as they’d go above the 261 square feet. Mr. Reppucci said they’re more concerned with the square footage of the actual text, and, if a large part of the logo was taken down and text put in its place. Mr. Pandolfo asked if they could put a sign on the one blank wall. Mr. Reppucci said they couldn’t, as they’d have four wall signs. Mr. Pandolfo said the motion and stipulation is fine with them. MOTION CARRIED UNANIMOUSLY 4-0. MISCELLANEOUS: REHEARING REQUESTS: None. REGIONAL IMPACT: The Board did not see any cases that are Regional Impact. Mr. Currier asked if the 40 Groton Road case abuts the Town of Dunstable. Mr. Falk said yes, and they’ll be notified. MINUTES: March 13, 2012: ZONING BOARD OF ADJUSTMENT PUBLIC HEARING AND MEETING March 27, 2012 Page 5 MOTION by Mr. Reppucci to approve the minutes with the proposed amendments suggested by Mr. Currier and Mr. Reppucci, and to waive the reading, and place the minutes in the file. Mr. Falk said he would make the changes as requested by Mr. Currier and Mr. Reppucci. SECONDED by Mr. Currier, as amended. MOTION CARRIED UNANIMOUSLY 4-0. OTHER BUSINESS: ADJOURNMENT: Mr. Reppucci called the meeting closed at 7:06 p.m. Submitted by: Mr. Jack Currier, Clerk. CF Taped Hearing