April 3, 2008
In attendance:
Jeffrey Scornavacca (JS), Chairman
Peter Delsignore (PD), Vice Chairman
Bob Andrews (BA), Member
Art Paturzo (AP), Member
Doug Cochrane (DC), Alternate Member
Mary Chaves (MC), Alternate Member
Peter Harty (PH), Alternate Member
Laura Renaud (LR), Clerk
7:00 PM
316 Hartford Avenue
Sitting in: JS, BA, DC, MC and PH
Attorney Roche representing his client, Scott Dwyer, has returned to seek variances (frontage and front yard setback) to allow for a free standing commercial building. The board felt he was meeting the hardship criteria for a frontage variance as the parcel was divided before zoning came into effect creating an odd shape lot. The front yard setback request was discussed. Some members felt they could use the building as it exists without granting this variance. The applicant is also requesting Special Permits to be allowed to remove 6,500 cubic yards of gravel off of the property; the bylaw requires permitting for any removal over 2500 cubic yards. The applicant is also seeking a Special Permit to allow for the sign to advertise the business be 3 feet from the roadway where the requirements state
that no sign shall be located within 10 feet of the roadway unless allowing clear vision to at least 6 feet above grade. The board felt that the applicant could remove the requested cubic yardage and also erect the sign as neither of these would create any safety or negative impacts to that neighborhood.
MC made a motion to close the hearing.
BA seconded.
All the board was in favor of closing the hearing.
MC made a motion to grant the special permits for the earth removal and for the signage as requested.
PH seconded.
All in favor (5 to 0) to grant the Special Permits as requested.
MC made a motion to grant an 84 foot variance for frontage.
BA – seconded.
All in favor (5 to 0) to grant the frontage variance of 84 feet.
MC made a motion to grant a variance for 54 feet of front yard setback.
Ph seconded.
MC, JS and PH opposed
BA and DC in favor
The front yard setback variance is denied.
12A Pearl Street
Sitting in: JS, MC, BA, DC and PH
Attorney Antonellis, representing his client, Mr. Ballerino, stated that after the last hearing, he spoke with Attorney Lee Ambler. They would be requesting a variance as the required frontage is 150 feet and they had only 105 feet but had over the requirement in area, 3.49 acres. They felt that the shape was unlike any other parcel in the neighborhood, and that the conditions were unique due to the easements, and that the lot lost its non-conforming status when the railroad used the town line of Medway. He explained that a foundation only permit was already issued. MC questioned as to whether or not the applicant could eventually put a back lot subdivision. Attorney Antonellis stated that the applicant would consent to a condition be put in the decision. JS stated that he felt that they bought the
property as is and built the foundation but felt this was no hardship on the applicant.
JS made a motion to close the hearing.
MC seconded.
All in favor to close.
BA made a motion to grant the request for a frontage variance of 45 feet as proposed on the application with a deed restriction preventing any future back lot subdivisions
MC seconded.
Voting in favor:
Bob Andrews
Mary Chaves
Douglas Cochrane
Peter Harty
Voting in opposition:
Jeffrey Scornavacca
The variance is granted 4 to 1.
High/Maple Street
Sitting in: JS, MC, PD, BA and PH
Attorney Antonellis, representing the applicant presented a draft decision to the board members prior to the meeting. The board reviewed the draft. The operation times were discussed to be weekdays 7:00 am to 10:00 pm and weekends 8:00 am to 10:00 pm To be amended in the decision). An abutter questioned the parking for the tournaments. Attorney Antonellis assured there would be no on street parking on Maple Street or High Street.
BA made a motion to close the hearing.
AP seconded.
All in favor to close.
MC made a motion to grant to BCL Premier Sports the special permits as requested for outdoor commercial recreation use, lighting and building height subject to the following conditions:
- Hours of operation: The outdoor recreational activity shall not occur after 10:00 PM
- The holder of the Special Permit shall insure that all unnecessary lighting, be turned off at 10PM.
- Any outdoor use after 10:00PM shall be done only upon obtaining approval for a special event from the Board of Selectmen. Prior Public notice of the hearing of the event shall be made known to residents via publication and mailing.
II. Light and Glare
The Board hereby grants a Special Permit pursuant to Section 3290 to allow for outdoor lighting. The grant of this Special Permit is made subject to the following conditions:
- The lighting shall be installed in the manner shown on the plans submitted herewith,
- The lighting shall not be used for outdoor activity after the 10:00PM closing time set forth in I (a) (b) and (c) above.
III. Building Height
The Board hereby grants a Special Permit pursuant to Section 2610(b) of the By-Law to allow the Applicant to construct a building for indoor recreation when the height of the building exceeds those standards set forth in Section 2600 of the By-Law. Said Special Permit is granted subject to the following conditions:
- The building height Special Permit is granted only for the primary use of the building for indoor recreational purposes. Any other primary use of the building shall require the applicant or any successor to petition the Zoning Board of Appeals for appropriate relief.
- The building, due to its large size, and unique shape shall be painted or otherwise colored in tones that are reasonably subdued and sensitive to the surrounding area. This restriction is incorporated to create a visual impact that is environmentally friendly.
Additional Restrictions:
The Board, as a condition to the grant of this Special Permit imposes the following additional restrictions:
- A deed restriction in a form approved by Town Counsel shall be recorded which deed restriction shall prohibit the unnecessary cutting of trees on the area of the site benefited by this Special Permit and the abutting land. It is stipulated and agreed that no Building Permits will be issued until said restriction is recorded.
- The building and parking configurations shown on the plans submitted herewith shall be similar to the plans submitted to the Planning Board for further permitting. Any change in building design that affects the height of the building shall be subject to further review of the Zoning Board of Appeals.
- Any change in use from an indoor/outdoor recreation facility shall be subject to further review of the Zoning Board of Appeals.
PD seconded.
All in favor (5 to 0) to grant the Special Permits.
The Special Permits are granted.
11 Hartford Avenue
Sitting in: JS, PD, BA, AP and MC
The applicants’ engineer, Paul Desimone made a presentation requesting a variance to build a single family home on the property (8 acres) with zero frontage and a 10 foot right of way. He explained that his client did not know he owned this part of the property until a few years ago. Boston Edison took a portion of the property in the 1960’s. At one time it was all in common ownership. His client would like to build a home for himself on the property. The board suggested his client look further into the town bylaws and possibly seeks an expert opinion as it is a complex matter. Mr. Desimone and his client, Matthew Barnett asked for a continuation until May 1, 2008 at 7:00 PM.
AP made a motion to accept the request.
MC seconded.
All in favor to accept the request to continue the hearing as requested to May 1, 2008 at 7:00 PM.
Minutes 3/6/08 amended and accepted.
PD motioned to accept.
AP seconded.
All in favor to accept the minutes from March 6, 2008.
Discussion:
JS gave an update regarding the Lakeview Estates 40B project. The HAC denied our motion to dismiss and there will be a pre-hearing conference on May 13, 2008 at 2:00 PM.
Resignation Letter
Mort BenMaor
Vote
Chairman/Vice Chairman Voting
MC nominated JS to stay on as chairman.
PH seconded.
AP stated he thought JS did a great job but thinks it is time to give some one else a chance and would like to nominate Bob Andrews to be the chairman.
PD seconded.
4 in favor
2 opposed
Bob Andrews will be the new chairman.
BA suggested it be rotated on a yearly basis. BA nominated Peter Delsignore to continue as Vice Chairman.
AP seconded
All board in favor to have Peter Delsignore continues on as Vice Chairman.
Meeting adjourned. Approved 5/1/08
| 
