Zoning Board of Appeals
Minutes
July 18, 2012
Landuse Meeting Room
Members present: Shawn Leary Considine, (SLC); Jo Anne Magee, (JM); Cliff Snyder, (CS); Jedd Hall, (JH); and Robert Fuster, (RF)
Absent with notification: Ethan Berg, (EB); Ned Douglas, (ND)
Staff present: Land Use Clerk Peggy Ammendola, (PA)
Kevin Charlton, 428 Housatonic Street (Map 8, Parcel 155). Special Permit under 7.2.2 and Variance from 7.2.3.4 of the Zoning Bylaw to covert a portion of an existing single family house into an accessory dwelling unit. Continued from May 2, June 6, and July 18, 2012. On July 17, Mr. Charlton requested to continue this to August 15, 2012 at 7:00 pm.
CS made a motion to continue the hearing to August 15, 2012 and RF seconded the motion. The Board voted to agree 5-0.
Different Drummers Kitchen, Inc., 374 Pittsfield Road (Map 49, Parcel 20). Special Permit or in the alternative a Variance from Sections 5.2.3 General Standards and 5.2.6 – Signs in Commercial and Industrial Districts.
Making the presentation was Craig Pixley of Craig Pixley Signs. Also present were the petitioners, Ray Meisberger and his son Andrew Meisberger.
Mr. Pixley provided photos of the current sign of 30 square feet that was recently installed. This replaced a sign that was 36 square feet, the maximum allowed. The applicants wanted to replace the original sign with one that was significantly larger than allowed in which a portion would be reserved for allowing the store to change out messages as warranted. Ray Meisberger said that the internet, big box stores, and the slowdown in economy has hurt their business so they haven’t been able to advertise as much. In speaking to Chris Masieiro of Guido’s he learned that their switch to a message board sign has worked very well to improve their position, so Different Drummers submitted their request to the Building Commissioner for a sign which included a message board. Due to the fact
the request was for a sign larger than 36 square feet, the Building Commissioner told the applicants were told that they would have to apply to the Zoning Board of Appeals.
Recognizing that the process could take several weeks, and wanting to take advantage of summer marketing, the applicants chose to approach this in two steps; erect a 30 square foot sign now which could be permitted by the Building Commissioner while waiting for their appeal to be considered by the Zoning Board. The final sign, if approval is granted, would be accomplished by attaching permanently a smaller second sign beneath the one that was permitted and installed. The smaller sign would be 15.83 square feet, bringing the total signage to 45.83 square feet which is 9.83 square feet more than the 36 square feet allowed. The lower part of the sign would allow for messages that could be changed periodically. Mr. Pixley said that this design is not a typical changeable letter sign, but rather a “top
of the craft” sign with all welded construction. The face of the sign swings out on a hinge and locks hold it closed.
Different issues were discussed which included whether changing a message would be considered a “moving part” which is not allowed or if this would be a “temporary special promotion” sign. SLC felt that the different colors used for the top and bottom seemed to make the smaller sign look temporary. Discussion ensued regarding the fact that a conforming sign was replaced with a smaller sign, and hardship may have to be proved for a variance.
SLC asked that Town Counsel and the Planning Board be consulted for their opinions.
CS wanted pictures of other businesses in the area to have a representation of the sizes of other signs. Mr. Pixley said that he would comply with the request focusing on the area from Brushwood Farms to Jiffy Lube.
The hearing was continued to August 1, 2012 at 7:00 pm.
RF made a motion to approve the minutes of May 23, 2012. CS seconded the motion and the Board approved 4-0-1. JH abstained as he was not present at that meeting.
Respectfully submitted,
Peggy Ammendola
| 
