Zoning Board of Appeals
Minutes
August 1, 2012
Landuse Meeting Room
Members present: Shawn Leary Considine, (SLC); Jo Anne Magee, (JM); Cliff Snyder, (CS); Jedd Hall, (JH); and Robert Fuster, (RF)
Staff present: Land Use Clerk Peggy Ammendola, (PA)
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.
This hearing was continued from July 18, 2012 because the ZBA wanted to consult with Town Counsel and the Planning Board. Also, Mr. Pixley was asked to take pictures of other signs on Pittsfield Rd. focusing on the area between Brushwood Farms and Jiffy Lube so that the Board could have a representation of their sizes.
Present were Craig Pixley of Craig Pixley Signs and the petitioners, Ray Meisberger and his son Andrew Meisberger.
SLC said that she had left word for Town Counsel Frederica McCarthy asking for her interpretation of the sign bylaw in relation to a special permit versus a variance, but had not heard back.
Mr. Pixley presented pictures as promised. Included were the sizes of various existing signs on Pittsfield Rd. It was noted that many signs were out of compliance
A letter from the Planning Board was read into the record. The letter stated that the Board did not have an issue with the message portion of sign changing periodically, but did not support a sign larger than the 36 square feet allowed.
Mr. Pixley stated that the scale of the site is large and the size of the sign is small in comparison. There is also a traffic light post which obstructs the view of the sign when driving north on the highway.
The Board felt that the sign bylaw was vague. JH said that under constitutional law, when vague, the benefit is given to the applicant.
CS made a motion to close the public hearing. JM seconded the motion and the Board voted to agree 5-0.
Discussion ensued and it was agreed that the petition met the standards for granting a Special Permit.
JH made a motion to grant the Special Permit and RF seconded the motion. The Board voted to approve
5-0.
Minutes: SLC made a motion to approve the minutes of July 18, 2012 and RF seconded the motion. The Board voted to approve 5-0.
Respectfully submitted,
Peggy Ammendola
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