Zoning Board of Appeals Minutes August 25, 2016

Transcription

1 Chairman Darrin DeGrazia, Dr. Edward Braun, Norman Diegoli, Joseph Freitas, Dorothy Pulsifer, Liz Elgosin and Jack Healey were present. 7:30 P.M. Minutes Upon a motion made by Norman Diegoli and seconded by Dorothy Pulsifer, the board VOTED: to approve the minutes of July 28, Unanimous vote. 7:30 P.M. Peter L. Freeman Mayflower Manor - 84 South Main Street Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Chairman Darrin DeGrazia informed the board that the hearing will be continued tonight as the parking study has not been completed. Upon a motion made by Joseph Freitas and seconded by Norman Diegoli, the board VOTED: to continue the hearing until September 22, Chairman Darrin DeGrazia, Joseph Freitas, Norman Diegoli, Dorothy Pulsifer and Liz Elgosin were in favor. (5-0) 7:31 P.M. Robert Kraus for ION the Ball, LLC - 30 Bedford Street Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Attorney Robert Kraus informed the board that he is representing the applicant David Gannon of Ion Ball, which is a nationally recognized billboard construction and maintenance company associated with billboards. He has presented the board with a brief memo tonight dated and on the last page is a google overview of the site location. He has also provided the board with a spiral notebook dated, that goes over their proposal. Attorney Robert Kraus said they have been dealing with Robert Whalen, Building Commissioner for some time. Originally he was going to issue a permit for the billboard until he learned that it would be advertising for companies other than Fireside. There are currently two billboards on this site right now. They are proposing to eliminate the two and install one 14 x 48 x 95 billboard sign. This is not a residential area. This company will provide access to the town for public announcements, whether it is for safety, concerts, etc. Attorney Robert Kraus said he will have David Gannon go over the presentation, in detail, and would ask to board to look on this favorably. Chairman Darrin DeGrazia read into the record the following letters: letter dated August 23, 2016, from Robert Whalen, Building Commissioner; letter dated August 9, 2016, from Joseph Silva, Water Superintendent; letter dated August 17, 2017, from Ruth Geoffroy, Planning Director, and a letter dated August 9, 2016, from Patricia Cassady, Conservation Agent. 1

2 David Gannon, Partner of Ion Advertising informed the board that they were approached by the property owner regarding a digital billboard, since the State has started allowing them back in Massachusetts in They currently have two billboards on site that were visible from Rt. 495, however are not now because of tree growth. The reason this sign is proposed for 95 in height is to clear the tree line. David Gannon reviewed the site plan and lighting specifications for the board. The lighting will not have any effect on anyone in the surrounding area. David Gannon reviewed the safety of the billboards. When Massachusetts started allowing the signs again in 2013 they did a pilot program. There was no increase in crash data because of the digital billboards. Chairman Darrin DeGrazia asked if there are any height restrictions with the State as to how high these can go. David Gannon said no. The State allows for a 1,200 sq. ft. sign and this is 672 sq. ft. There are rules you need to follow with the State of Massachusetts. In every community that they operate in they donate space on their signs to either the non-profits in town, the town themselves, and Mass DOT. Jack Healey asked if there is a maximum amount of time that they allow the town or non-profits to advertise on them. David Gannon said with a digital billboard there is an 8 second pause in Massachusetts. He has been doing this for many years and there has always been space on the board to advertise. If you had six advertisers using the billboard, every ten seconds it would change, so that ad would be seen 1,440 times a day. There is always space available. However, if the board wanted to ensure the use they would agree to that and carve out time for displays. Typically on a double sided board they would dedicate one out of the twelve spaces to municipality or nonprofits. This is a single side board and they would dedicate one of the six, therefore being seen 720 times a day. If there is an emergency such as an Amber Alert all other advertisements comes down during this alert. This automatically happens. Jack Healey asked if the local police would have access to this in an emergency. David Gannon said yes. Jack Healey asked if they could provide the board with other contractual agreements they have with other towns in this regard. David Gannon said most of them are in the zoning decisions but he could provide the board with that information. Discussion ensued regarding how they determine the location for a double sided vs. single sided sign. Dr. Edward Braun said he is very uncomfortable with the idea of using a variance to approve the sign. In his view there is no hardship here. If they approve a sign of this nature and looking at the 495 and 44 corridor how many will they end up with. Once they establish one it will be very difficult in the future to say no. From his standpoint he has no trouble with a sign for a business or restaurant but he doesn t see any upside to having a sign that advertises in general. Attorney Robert Kraus said it is not easy to find location for billboards. They can provide the board with evidence that this will not be the beginning of a slippery slide. David Gannon said the other issue that 2

3 makes this application different than any other one is that there are already two existing billboards on this site. Discussion ensued regarding a hardship. Chairman Darrin DeGrazia said he doesn t disagree with Dr. Edward Braun s assessment of whether it fits into a variance or not. On that point he would like to access Town Counsels opinion on that. Attorney Robert Kraus said they would be happy to do whatever the board wants and any conditions they may want to stipulate in the decision. Chairman Darrin DeGrazia said again, he would like to check with Town Counsel to make sure they are using the proper vehicle for this. They have not done one of these before so he has nothing to compare this to. Liz Elgosin discussed where this would be located near an exit and the distraction it may cause. Dorothy Pulsifer said she agrees with Dr. Edward Braun s statement regarding the variance. Jack Healey said again, he would like a history of commitments they have with other towns. In their package it states any unused space would be donated. David Gannon said they will provide a letter of agreement that will not say unused space but will state 720 slots available. They will also submit addition information on the lighting. Attorney Robert Kraus said he has taken notes on what the board is looking for by way of contracts, additional information, setting a precedent, etc. Joseph Freitas asked if they pay property taxes and if so approximately how much they would be. David Gannon said yes they pay property taxes. He is not sure how Middleborough handles that. Chairman Darrin DeGrazia said the board can send a request to the assessor s office to see how that will be handled. The board will request an opinion from Town Counsel regarding a variance vs. a special permit. Chairman Darrin DeGrazia asked if anyone would like to be heard on this matter. Hearing no comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Liz Elgosin and seconded by Jack Healey, the board VOTED: to continue the hearing until November 10, 2016, and request an opinion from Town Counsel. Chairman Darrin DeGrazia, Dr. Edward Braun, Norman Diegoli, Joseph Freitas, and Dorothy Pulsifer were in favor. (5-0) 8:20 P.M. Geoffrey & Erin Croteau Wareham Street Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Geoffrey Croteau informed the board the he and his wife Erin are before them tonight to ask for a special permit for a commercial kennel license to have a luxury dog boarding and grooming dog business 3

4 at 312 Wareham Street. They would like to start the business in the attached three car garage. They intend to convert this into six boarding rooms, a grooming area and an indoor play area. They will have a 6 stockade fence installed in the back yard to create an outdoor area for the dogs. Once they get the business going they would like to have a 40 x 60 Morton building built in the back of the property and transfer the business to that building only. They are requesting the hours of operation to be Monday Saturday 7:00 a.m. to 6:00 p.m. and Sundays would be for the drop off and pick up only of their overnight guests. One hour in the morning from a.m. and in the afternoon from 5-6 p.m. They are also requesting to install a sign on the property at the end of the driveway. The sign would be made out of metal and no larger than 12 square feet. They would like a spot light on the ground illuminating the sign. The dogs will be let out for a quick bathroom break sometime between 6-8 a.m. They will have up to three hours of outside supervised playtime between 9am and 4pm. They will also have unlimited access to an indoor play area. They dogs will be let out one final time around 8 p.m. for a final bathroom break. They intend to take dogs up to 40 pounds and under because they want a small dog luxury boarding facility so their customers feel safe bringing their small dogs. For safety and in order to prevent the spread of any diseases they will be sealing the concrete floor in the garage. They will require documentation for every dog to be vaccinated against rabies, distemper and kennel cough. They will clean the boarding rooms and kennels daily. They will have a double gate on the outdoor fence to prevent the dogs from escaping. Dog waste will be picked up several times a day to prevent the dogs from stepping in it. Dog waste will be double bagged and brought to the dump weekly. There is plenty of parking on the property for customers to drop off and pick up their dogs. Middleborough Animal Control Officer has inspected the property and has given them their blessing. They understand the abutters need to be concerned with dog barking and they will address that problem. With the permission of the dog s owner they will have citronella bark collars to put on a nuisance dog. They will also be living on the property so they do not want to hear barking dogs either. Erin Croteau has been a dog groomer for the past 15 years and has also worked in the kennel for five years. She has owned a very successful dog grooming salon called The Sudsy Pup Salon. There have never been any complaints regarding her business. Geoffrey Croteau said he is a Marine Core Veteran and a mass mutual financial adviser. He has run a successful business for the past 8 years. They would like to close tonight with a plea for their approval. They are respectful and responsible people and want to follow the rules of the town. They feel this property is zoned the right way for this business. He thanked the board for their consideration. Liz Elgosin read into the record the following letters: letter dated August 17, 2016, from Kelly Jarabek, Animal Control Officer; letter dated August 23, 2016, from Robert Whalen, Building Commissioner; letter dated August 9, 2016, from Patricia Cassady, Conservation Agent and a letter dated August 9, 2016, from Joseph Silva, Water Superintendent. Chairman Darrin DeGrazia read into the record a letter dated July 28, 2016, from Randy Deterra, previous landlord. 4

5 Chairman Darrin DeGrazia asked how many dogs will be able to be housed inside of the garage. Geoffrey Croteau said six in the garage and then 18 for the back building in the future. Geoffrey Croteau said they will start with six in the garage and would like permission to eventually move the business to the back of the property for 18 dogs. Chairman Darrin DeGrazia said his only problem with the building in the back is that there in not enough information on it other than the size. If the board approves the permit they would have to tie it to the plans and this would be insufficient. Liz Elgosin said there are also concerns with the Conservation Commission. Chairman Darrin DeGrazia said that is for the Conservation Commission to decide. Jack Healey said he would want to get water out to that building. He asked if that would have a separate source or would it be coming from the house. Geoffrey Croteau said he would do whatever the Town told them they need to do. Jack Healey said with whatever plans are forthcoming for the building he would ask that they also deal with the water supply. Chairman Darrin DeGrazia said he sees two issues here; the kennel license, which is not an issue per say to him, and the expansion of the business in the future with a bigger building. He thinks it would be very hard for this board to approve both portions of this with the amount of information they have. If there is going to be water out there, they have to have a means of getting rid of the water, so sort of septic or holding tank involved. He is not sure if the board wants to do this in pieces. Geoffrey Croteau said they would be ok with them allowing them to do this in pieces. They could come back to the board with more detailed plans for the building in the back. Dr. Edward Braun agreed that it should be done in phases. Dr. Edward Braun said in his long term business plan there are two stages. The first stage is a maximum of six and the second stage, in some distance time, is a maximum of eighteen. Geoffrey Croteau said yes. Chairman Darrin DeGrazia said under the State law a commercial kennel license is anything over ten. There is no limit on the license itself other than the capacity to care for the animals properly are determined by the ACO. Chairman Darrin DeGrazia asked what the total acreage on this property is. Geoffrey Croteau said 2.01 acres. Dr. Edward Braun asked if they will be having any retail sales there. Geoffrey Croteau said no. Liz Elgosin asked what the fencing will be. Geoffrey Croteau said it will be a stockade fence. Dorothy Pulsifer said when they come back to the board for the additional building she would like to also see the fenced area and parking area for that. 5

6 Dr. Edward Braun said the limit in that area for a sign is six square feet. Chairman Darrin DeGrazia said they would have to abide by the regulations on the sign. Chairman Darrin DeGrazia asked if anyone would like to be heard on this matter. Melissa May, 313 Wareham Street said she is concerned with the spot light for the sign. Discussion ensued regarding the light. The board agreed to not have the light for the sign. Discussion ensued regarding coming back to the board for the additional building. Chairman Darrin DeGrazia asked how long they thought it might be before they are ready to do the building. Geoffrey Croteau said six months to a year. The fee for a commercial kennel license is an expensive fee. Chairman Darrin DeGrazia thinks they could accommodate them in an open meeting. Dr. Edward Braun said they could put a provision in that the applicant comes back within a certain time frame. The board can re notify the abutters regarding the date they will appear before the board. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Liz Elgosin and seconded by Norman Diegoli, the board VOTED: to approve the petition of Geoffrey & Erin Croteau, Shaw Road, Fairhaven, MA relative to their request to allow for a commercial kennel license for a boarding and grooming business. The subject property is located at 312 Wareham Street, Middleborough Assessor s Map 072 lot 1281, and in the Residential A/General Use District. This is approved subject to the following stipulations: 1. The sign will be no larger than six square feet and will remain unlit. 2. The hours of operation will be Monday Saturday 7:00 a.m. to 6:00 p.m. Sunday will be a.m. and 5-6 p.m. only. 3. There shall be no retail sales. 4. Subject to the plan submitted and dated. 5. The applicant has a one year extension to refile for the Morton building in the back. 6. The space will be limited to what the ACO says they can comfortably entertain. Chairman Darrin DeGrazia, Dr. Edward Braun, Norman Diegoli, Joseph Freitas, and Dorothy Pulsifer were in favor. (5-0) 8:56 P.M. Bruce Beniot Elisha Place request for surety reduction Chairman Darrin DeGrazia informed the board that they have received a request from Bruce Beniot to reduce the bond amount for Elisha Place. The board has received a letter dated August 1, 2016 from Patrick Brennan, Amory Engineers. The cost to complete the project is $10, Upon a motion made by Joseph Freitas and seconded by Norman Diegoli, the board VOTED: to reduce the bond amount to $10, for Elisha Place. Unanimous vote. 8: P.M. Samantha Turgeon River Street request to waive filing fee Chairman Darrin DeGrazia informed the board that they have received a request from Samantha Turgeon requesting the filing fee be waived for an appeal of the Building Commissioner. Chairman Darrin DeGrazia said he has had a phone conversation with the Chairman of the Board of Selectmen on 6

7 Samantha s behalf requesting that they waive the fee. He has instructed the Board of Selectmen that they do not have a budget to waive fees from. Every petition this board does is petition funded. Discussion ensued regarding the filing fees. The board does not have a budget to pay for the legal ad or abutters list. Dr. Edward Braun asked if Ms. Turgeon was advised that they were going to discuss this tonight. Chairman Darrin DeGrazia said yes. Norman Diegoli said with his term on this board he can never recall a time that they have waived the filing fee. Chairman Darrin DeGrazia said as a rule this board does not. Upon a motion made by Jack Healey and seconded by Norman Diegoli, the board VOTED: to deny the request of Samantha Turgeon to waive the fees for the reasons stated. Unanimous vote. Chairman Darrin DeGrazia said she is only allowed 30 days to appeal the Building Commissioner s decision. They are well past the 30 days. He would advise her at this point to not even spend the money to come before them because the time period has expired. Upon a motion made by Norman Diegoli and seconded by Liz Elgosin, the board VOTED: to adjourn at 9:00 P.M. Unanimous Vote. Respectfully Submitted: Darrin DeGrazia, Chairman Zoning Board of Appeals 7