Zoning Board of Appeals
Minutes of Meeting
November 6, 2014
In attendance: JS, JD, AP, BS, BW and JJ
LR
(PD absent)
7:00 PM
Continuation – Old Farm Street (Map 7/Lot 11) – Total Outdoor Corporation
Request for Special Permit & Variance for Billboard
Sitting In: PD, AP, JD, BS and JJ
JS read the letter asking that Total Outdoor Corp. be allowed to withdraw as applicant and Old Farm Realty Trust will now be both the owner and applicant and also they are asking to continue their hearing until the meeting in January 2015.
JD motion to continue to January 15, 2015.
JS second the motion.
All in favor to allow.
New – 11 Summer Street – Oak Knoll Realty Trust
Request for Special Permit to allow multiple uses
Sitting In: JS, JD, BS, BW and AP
Attorney Antonellis was in attendance representing the owner, Mr. Gorbey. The tenant, Peter Kates was also in attendance as he was interested in possibly buying the property and would like to know what proposed uses were grandfathered in at this address. Attorney Antonellis handed out a memo seeking possible instances and uses. Peter Kates is the current owner of Computrak., a highend off -road motor bike repair business. This use was approved by the Building Inspector. At one time this business was a textile manufacturing business. It is in a residential area. The businesses since then have been much less intrusive. Attorney Antonellis stated the list of uses in the memo that was handed out and stated he would like the board to allow each of the
uses. It would help the tenant to obtain financing. The board felt it was unusual to ask what business type would be good to go in there; normally the applicant states exactly the use he is looking for. The board had received notes from the assessor’s office which contained information relating to this address (complaints and prior uses) that has gone on through the years. Attorney Antonellis attempted to answer and explain these issues, but his client did not have access to this memo prior to the meeting. He stated his client has not been spoken to or fined on any of the mentioned issues. Peter of Computrak has a great record and is a good tenant. JS stated that uses are grandfathered but changes of uses are not. The board felt this list of requested uses was too broad and they would like to have a more specific use. Mr. Gorbey stated he has 2 tenants at this time. There is AG Construction and Mr. Kates business.
AG Construction is on the 2nd floor. He is internet based, giving quotes for construction services. He uses as an office. There is a lunchroom with a sink, no full bathroom. That is what triggered the need for a permit from the ZBA as he has spent the night on occasion and neighbors have complained. The board discussed what would be the appropriate use description as to what is there now. AP asked the audience members if there were any questions/concerns. Patricia Armstrong, 11 Central Street provided photos of the property. She explained the noise was continual as they have a loud speaker; there is a motion sensor that sets it off. They had a fire the night before. They have Rottweilers that are a nuisance and run free. There are strangers coming and going at all hours. She stated she is pleased with Peter’s business but not this one. Bob Wilson of 60 Winter Street spoke that he has lived
there 9 years, no troubles with Peter but the other business is an intrusion, they are disrespectful, dogs make a mess on all of the neighbors’ yards. Peter of 12 Summer Street sated he looks down at the property in question. There are broken down vehicles, always people coming and going and dogs messing. He stated he would like to see it cleaned up, no parties, no strangers coming and going. It is the AG Construction side that is the issues, not Computrak. Wilson, 60 Winter Street stated there was too much garbage on the property and industrial type stuff everywhere. Melanie Berchtold, 20 Central Street stated there was a fire there, so much could burn down and she is concerned of her own safety and the tenant of AG Construction. Ronald Gamache of 20 South Park Street stated he has no issues with Peter but the dogs are large and they are not leashed, mess all over and could be dangerous. There were many abutters in attendance with
concerns over burning, trash, clutter, dogs and noise complaints. Attorney Antonellis stated that Computrak is a solid business and any other business would need a special permit. Mr. Kates is looking for financing and needs it in writing that his business is an allowed use there. Peter stated he can see why the neighbors are not happy but if he owned it he would clean it up. His business is completely indoors. His business is specialized. The board agreed to issue a letter stating that Mr. Kates current business is a grandfathered use. The board suggested to the abutters when they have a problem they should call the animal control officers as there is a leash law in town. If there is noise or a cleanup is needed then they should call Inspectional Services Department.
JD motion to close.
JS second.
All in favor to close the hearing.
JS motion to draft a letter to determine it is a grandfathered use.
AP second.
All in favor to grant the letter as requested.
Minutes – October 2, 2014
JS motion to accept the minutes
JD second.
All in favor to accept the minutes of October 2, 2014.
Meeting adjourned 9:00 P.M.
Minutes Approved 1/15/2015
| 
