Minutes of Meeting
March 5, 2015
In attendance: JS, BS, AP, JD, BW and JJ
LR
7:00 PM
JS opened the hearing.
Informal – Jerry Mayhew was in attendance to discuss the progress being made with the Sign By-Law Committee. He stated their session went well and they would like input from ZBA and PB. The board will review the bylaw and get their comments/suggestions back to the committee by email.
BS would be chairing this hearing as JS declined to sit on this hearing as he from the first hearing and the other 5 members were present at both..
Continuation – Old Farm Street (Map 7/Lot 11) – Old Farm Realty Trust
Request for Special Permit & Variance for Billboard
Sitting In: BS, AP, JD, BW and JJ
Attorney Lee Ambler is representing the applicant, Mr. Bruce, trustee of Old Farm Trust. He (Attorney Ambler) will be presenting the request for this variance. We are asking for a variance for frontage and special permits for the dimensions. He stated each request would be presented separately. The applicant has 19+ acres of Industrial land off of Farm Street & Route 495. He has 155’ of available frontage; 200’ is required. A 45’ variance is needed. Attorney Ambler stated without this variance there is a substantial hardship as his client would be deprived of any use of his 19 acres of land due to the lack of frontage. The land taken by the US Government when 495 route was built. Attorney ambler stated the hardship is owing to soil conditions:
wetlands. There would be no negative impact and it is a desirable use for the property. There would be an increase in tax revenue to over $40,000.00. Attorney Ambler felt this would be a desirable use of the land. BS/JD asked how the land was acquired. Attorney Ambler stated it was bought after the land taking but he still felt it was a hardship to the land not the owner. JD stated this could be a self-imposed hardship and the land could be used for other projects; agricultural, so it is not completely unusable and the applicant knew what he was buying. BS stated anyone who purchased a property with a defect could state that reason for a variance. The board asked to see a visual of what was being proposed. Attorney James Mitchell is representing Old Farm Realty Trust and will present the Special Permit part of the application. Attorney Mitchell stated that the first point of business is the billboard vs a sign and they
will agree this is a sign. The first Special Permit section 240-43c: Sign prohibition – animated. He stated this proposed sign is not animated and it does promote public interest and the size, location and design will not be a detriment to the public. The closest neighbor is 1500’ away and then the lights are directed downward. Section 240-41B – Height Bylaw; states the sign cannot be greater than 35’ in height but the board can issue a special permit it they feel the proposed height is functionally important for the use. Mr. Bruce presented a design to the board and explained that there would be no direct impact to the abutters, all land around is swamp land and unbuildable. The lighting is considered candlelight. It is directed downward and automatically dim at dusk. They must meet all standards of the state, which is a maximum of 10, no static and no scrolling or movement. This sign lighting would be at .02.
There would be (2) 2-sided, lit 100 feet high, 14 x 48 feet in area sign that would come just above the tree line. The 2-sided signs are not 180°. It would show standard advertising, ads for upcoming events. There will be little maintenance, no traffic, unpaved roads, no fencing as a ladder is needed for any work and that starts at 20’ high. There is no expense on the municipality as no kids, no water usage, and no emergency services. It would also bring in much larger tax revenue. JD stated that he felt it was a non-essential that does infringe upon other people and reduces property values. Both JD/JJ stated some highway travelers like themselves enjoy looking at trees on the highway. Mr. Stanhope of 163 Farm Street spoke in opposition: public safety issues, a distraction, lighting and may bring more traffic to the area. Mrs. Gaston of 167 Farm Street wrote a letter in opposition which was read by BS. Mr. Bruce
stated there would be a fence on the property as Ms. Gaston had concerns of the area being left open . Lee Ambler stated he could put a road in, other more intrusive projects in. There was no more input from the audience members or Board Members.
AP motion to close the hearing.
JD second.
All in favor to close. No discussion.
Variance Request
AP motion to grant the variance as requested for the sign.
There was discussion as the board felt this was a self-imposed hardship.
And there are other options available for this area.
JD second.
0 in favor – 5 opposed to grant the variance as requested.
Special Permit 240-45C
JDAP motion to grant the Special Permit as requested for a sign.
APAP second motion.
There was discussion on directional signage. The board felt this did not depict directional signage for the town of Bellingham and it did not promote public interest.
O in favor – 5 opposed to grant the Special Permit as requested.
Special Permit 240-41 Height Restriction
AP motion to grant the Special Permit for the height restriction as requested.
BW second motion. BS raised concerns regarding the visual impact of the structure to the surround area. JD stated this may be a moot point since the others were denied and this was in conjunction with the other SP. The board went forward and voted.
0 in favor – 5 opposed to grant the requested Special Permit for height restriction.
JS discussed the recent informal hearing for 361 South Main Street. At the February 5th hearing the owner requested a letter interpreting the decision made by the ZBA regarding a variance issued in 1996. Her home was for sale and the bank was requesting in order to close. The board asked for a direct request from the bank. The request was sent by email following the meeting and asked to state the pool and deck are in full compliance with the Zoning Bylaws of the Town of Bellingham and in conformity with the aforementioned ZBA decision. JS explained the ZBA will not sign this letter as there is no way for the board to attest to the facts set forth in the letter. They would need to hire a surveyor to confirm this. No letter was sent.
Minutes – February 5, 2015
AP motioned to accept the minutes.
BW second.
All in favor to accept the minutes of February 5, 2015 as presented.
Meeting adjourned 9:00 PM
Approved 6/4/2015
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