TOWN OF CHARLESTOWN
ZONING BOARD OF ADJUSTMENT
MINUTES
JULY 28, 2004
Members Present: Kenneth Place – Chair; Terri Fisk – Vice-Chair; Barbara Jones –Secretary; Eric Lindblade
Alternates Present: Kenneth Arkell, Harold Ames, Patricia Cormack
Staff Present: David Edkins – Planning & Zoning Administrator
Regina Borden – Recording Secretary
CALL TO ORDER – Mr. Place called the meeting to order at 7:00 P.M.
SEATING OF ALTERNATES – Mr. Place noted that regular member Andrew Jellie was absent and called upon Patricia Cormack to sit in his place.
APPROVAL OF MINUTES OF MAY 26, 2004 – Ms. Fisk moved that the minutes of the May 26, 2004, meeting be approved as printed. Mrs. Jones seconded the motion. With four members in favor, the minutes were approved. Mr. Lindblade abstained, as he was not present at the May 26 meeting.
ZBA 04(SE)-2004 – Petition of CHARLESTOWN BIBLE CHURCH for property located on Hammond Road wherein a Special Exception is requested pursuant to Sections 8.5.7.3 and 8.10 of the Zoning Ordinance to permit construction of a public assembly building (church) in the Industrial/Business Zone. Said property is shown on Tax Map 20 as Lot 28-4 and lies in Zone F-2 (Industrial/Business).
David Bascom, an Elder of the Charlestown Bible Church, was present representing the applicant. Mr. Place explained that this property runs from Hammond Road to the Springfield Road; it is adjacent Joe Pickul’s fabricating shop. Two abutters were present: Mr. Pickul and Mr. Ron Logerfo. Mr. Bascom advised that the Church would like to purchase the land and build in two phases. The first phase would be a building for Sunday school classes, a meeting room, and a kitchen. Right now they have 30-40 members but when they reach about 75 members they would like to expand, adding a sanctuary to hold about 150 members. Parking is designed for approximately 75 vehicles. Services would be held on Sunday mornings and evenings, and Wednesday evenings plus special events such as weddings and
funerals. They need a Special Exception in order to build a public assembly building (church) in an Industrial/Business Zone.
Ms. Fisk questioned the fact that the applicants are not the owners. Mr. Edkins clarified that the owner of the property, Joe Pickul, wants to sell the property and signed the application; the Church has a signed agreement to purchase the property subject to obtaining the necessary approvals. Ms. Fisk felt that a copy of the signed agreement should be a part of the file.
Mrs. Jones asked how tall the building would be? Mr. Bascom responded about 40 feet; it will be a one-story building. Mrs. Jones noted that it cannot exceed 50 feet under the terms of the Zoning Ordinance. Mr. Edkins clarified that this request is for a Special Exception rather than a Variance so the usual five criteria including the hardship criteria do not apply here. The criteria that the Board is to evaluate this against are spelled out in the Zoning Ordinance itself and he distributed highlighted copies of the appropriate sections – 8.5.7-3 and 8.10. It is his assumption that the term “public assembly building” includes a church. In the back of the Ordinance in section 8.10, there are five criteria that need to be looked at. Mrs. Jones went over this today,
looked at the property and feels the applicant seems to have complied with everything that the Board should consider.
Mr. Place asked if the abutters have any comments: Mr. Logerfo lives on Hammond Road opposite Mr. Pickul’s driveway. He advised that the nature of the neighborhood is residential and there are two small businesses. They do not want a church and would like to have the property residential. The factory has been pretty quiet but a church will be more public and will change the nature of the neighborhood, especially with the Sunday and Wednesday services. It will detract from the selling value of their properties and the character of the neighborhood. Mr. Edkins noted that the property, as it stands now, is zoned Industrial so if it isn’t used for the church there could be another type of Industrial use without even coming before this Board. Mr. Logerfo feels that the
zoning was done improperly. He can live with the factories, as there isn’t a lot of noise or traffic. Now that the trees have grown-up the Pickul business is more appealing than it was. He feels that another small business like Mr. Pickul’s would be better. When they bought their house it over-looked a wooded area and it was beautiful. Eventually the church will develop into a larger group. Mrs. Jones asked how many children are in the neighborhood? Mr. Logerfo responded that there are a lot of children.
Mrs. Jones questioned the project’s traffic impact, noting that the church would generate a lot of cars in certain time periods. Ms. Fisk noted that under 8.10.1 it mentions extra traffic; in terms of the standards this is a consideration and it would have a big impact on the neighborhood. Mr. Lindblade said this is in Zone F-2. Ken Arkell felt that next to the property is Zone A-1 that is a residential zone. Mrs. Cormack does not see traffic as a problem but there is a lot of residential property in that area. Mr. Edkins counted 60 parking spaces on the plan that is probably enough for maybe up to 75 members but isn’t enough for an expansion to 150 members. The formula in the Ordinance (300 square feet for every 2 persons) is somewhat antiquated. He asked if there is
room for additional parking on the site? Mr. Bascom said there is a wooded area that could be used; it is on the flat part of the hill. Mr. Lindblade asked if there are any wetlands. Mr. Edkins responded that there are no wetlands on this parcel. The church building will be facing Route 11, Springfield Road, but the access will be from Hammond Road as Route 11 is designated as a limited access highway. The driveway goes in about 130 feet before reaching the parking spaces. Mrs. Jones asked if they are going to keep the trees along the property line? Mr. Bascom said they plan on leaving most of the trees to about 50-60 feet into the lot except for the driveway. There will be a lawn area in the front and they would like to make the church building visible from Route 11.
Mrs. Cormack asked if the church would have bells or chimes? Mr. Bascom responded that they do not have any now; eventually they might have a bell but they aren’t sure that will ever happen. If they do have one it will ring before the services start.
Ms. Fisk pointed out that the zoning would allow for a truck terminal, a lumberyard or a contractor/builder with trucks, etc. The Planning Board might have to coordinate with the Highway Department on the speed limit of the road. The vehicles would only go by three homes. Mr. Edkins noted that the distance between the driveway to the church building and the turn from the Old Springfield Road onto the Hammond Road the cars would not have the opportunity to build up speed. A copy of the subdivision approved by the Planning Board was viewed. The fact of the matter is that this property could not be developed as residential. It will either be industrial or a business. Mr. Edkins said the Charlestown Bible Church has an application in to the Planning Board for a Site Plan Review
that will be addressed at their next meeting. This Board has to approve whether the church can build on that property or not. After that decision is made the Planning Board can work out the site-specific details. Ms. Fisk advised that under 8.10.1, this Board does not have to approve the application if it will cause any undue hazard to health, safety or property values or which is offensive to the public because of noise, vibration, dust, particulate matter, radiation, excessive traffic, unsanitary conditions, noxious odor, smoke or other similar reasons. Mr. Bascom said they are a church that is trying to relocate; traffic at the location they have now goes past a lot more houses. Ken Arkell reiterated that without a variance or anything else someone else can go in there with a truck terminal with 52 foot trailers running up-and-down that road. Mr. Place noted that the Board determines if the church is a public assembly building. If the
Board okays it on that basis, it is up to the Planning Board to determine how far back it has to be.
Mr. Pickul would rather see an industrial building on that lot. Ms. Fisk felt that usually you try to put like things together. Mrs. Jones said the church will take the property off the tax roles. Mr. Bascom responded that the church’s current property will go back on the tax roles when it is sold. It will have its own well and septic system.
Ms. Fisk moved to grant the Special Exception to the Charlestown Bible Church. Mr. Lindblade seconded the motion. With five members in favor, the motion carried.
ADMINISTRATION & CORRESPONDENCE:
Mr. Edkins advised that there are no other administration issues or correspondence.
There being no other business, Mr. Lindblade moved to adjourn. Ms. Fisk seconded the motion and, with five members in favor, the motion carried. The time was 7:48 PM.
Prepared by: Minutes Filed: 08-04-04
Regina Borden
Recording Secretary
(Note: These are unapproved minutes. Corrections, if necessary, may be found in the minutes of the next ZBA meeting.)
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