Zoning Board of Appeals
Minutes
July 6, 2011
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Cliff Snyder, (CS); Robert Fuster (RF); Shawn Leary Considine, SLC
Absent with notification: Ned Douglas, ND
Staff present: Mary Albertson, Town Planner, MA; Land Use Clerk, Peggy Ammendola, (PA)
Roman Catholic Bishop of Springfield - Saint Ann Parish 134 Main Street (Map 46, Parcel 54), Variance under Section 3.3.4 to install a 25’ flagpole.
EB explained that there were only four of the five members of the Board to hear the petition, therefore all four would have to agree in order for the variance to be granted or the petitioners could wait until a fifth member could listen to a recording of the hearing and the Board’s vote would take place later. Mr. Cacciola agreed to proceed with the four members.
Making the presentation was Joseph Cacciola of St. Ann. Mr. Cacciola explained that an existing flag pole was removed before the parish hall was constructed, and that until now funds were not available to replace it. After the recent death of Philip Formel, his family made a monetary donation to the church. When the church approached Mr. Formel’s family with the idea of using their gift to erect a new flag pole as a memorial to him, they felt that it was appropriate as Mr. Formel was very patriotic.
A letter of support from abutters Robert and Jane Hackmann was read into the record.
There were four residents present, but no one spoke in favor or opposition to the petition.
SLC made a motion to grant the variance. RF seconded the motion and the Board voted to agree 4-0.
The Board asked Mr. Cacciola if additional lighting was proposed for the flag pole and his response was that if so, it would only be an appropriate light source to light the flag in the event the flag is left up at night. Federal law stipulates that the flag should be lighted at all times, either by sunlight or by an appropriate light source.
RF will write the decision.
Informal discussion relative to Special Permit and Variance filed August 11, 2003 for property located at 207 West St., Map 6 Parcel 10.
Attorney Robert Fuster recused himself as he represents Dahlia Merritt, the new owner of the property known as the East Gate Inn.
Ms. Merritt and Edward Merritt Sr. were also present.
Mr. Fuster said that the previous owner, Jim Real, had operated as a seasonal Bed and Breakfast before he was granted in August 2003 a Special Permit and a Variance for a year-round B&B. Mr. Real complied annually by getting his license through the Board of Selectmen but never got a Certificate of Occupancy from the Building Inspector. If a permit has not been exercised within two years, it can lapse, but as evidenced by the East Gate Inn’s website and the issuance of the annual license, Mr. Thornton has stated that in his opinion Mr. Real substantially complied and has operated as a B&B continuously since 2003.
MA said that both the Special Permit and Variance have been recorded at the Registry of Deeds.
Discussion ensued and the Board agreed that as far as the Zoning Bylaw is concerned, this property was compliant. It is the Building Inspector who issues the Certificate of Occupancy.
Informal discussion relative to the addition of an "open-sign" to the non-conforming sign located at 242 Pittsfield Road, Map 27 Parcel 78.
MA told the Board that Bill Thornton, the Building Inspector, wanted their input regarding the property owner affixing an “Open” neon light to the existing pre-existing non conforming sign for the restaurant La Trattoria. He questioned whether the change was de minimus or if the owner should petition the ZBA.
After discussion, the ZBA said that the sign as proposed should be reviewed by the ZBA. MA will advise Mr. Thornton.
Respectfully submitted,
Peggy Ammendola
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