Zoning Board of Appeals
Minutes
November 6, 2013
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Shawn Leary Considine, (SLC); Robert Fuster Sr. (RF); Robert Fuster Jr., (RFjr); Ned Douglas, (ND)
Absent with notification: Cliff Snyder, (CS)
Staff present: Land Use Clerk Peggy Ammendola, (PA) and Mary Albertson, Town Planner, (MA)
Shanlen Realty Corporation, aka "Hoff's Mobil", 90 Main Street (Map 43, Parcel 192), Special Permits Sections 3.3.1 and 3.3.2 and 5.1.7, and Variances from Sections 5.1.18 and 5.2.19, to allow establishment of a convenience store as a new use to accompany the existing use of the sale of gasoline. Initial hearing was on December 5, 2012 and continued to December 19th. On December 17, 2012, Petitioner requested to continue to January 16, 2013 @ 7:00 pm. Due to the possibility that one ZBA member might have a conflict for the Jan. 16th, the Petitioner chose to continue to Feb. 6, 2013 anticipating that the five sitting members will be available. At the Feb. 6th hearing this petition was continued to April 3, 2013. On March 6th, Attorney Jeff Lynch asked that the hearing be continued from April 3rd to April 17th. EB, RF, ND, SLC and RFjr. advised that they would be available and on March 13th, Attorneys Lynch and Glover were notified of the new date. On April 10, ZBA was advised
that the traffic studies would not be complete in time for the April 17th meeting, therefore applicant requested and was granted a continuance to June 5th. The traffic studies were not been completed in time for the June 5th meeting, and due to vacation schedules of the sitting Board, the hearing was continued to August 21, 2013. July 18, 2013, attorney for the applicant, upon learning that only four members would be available for August 21, asked to continue to September 4, 2013 at 7:00 pm. On August 28th, the September 4th meeting was canceled due to Rosh Hashanah and continued to October 2nd. On September 27th, RFjr advised he has a conflict for October 2, 2013. On October 2, 2013 all members agreed they can meet on November 6, 2013.
Proponents for the Petition were Attorney Jeff Lynch, Glenn Hoff, owner of Hoff’s Mobil, Matt Putin, P.E. with SK Design and Paul Furgal, P.E. with Tighe and Bond Engineers.
Opponents to the Petition were Attorney Alexandra Glover, Dan O’Brien of O’Brien’s Market, and Brent White of White Engineering.
Attorney Lynch summarized the Petition.
Mr. Putin reviewed the proposed site plan and updated revised minor changes which included movable signs at the edge of the property and signage indicating “no entrance”.
Mr. Furgal also reviewed the proposed site plan and assessed the existing conditions and what is proposed which he said would improve overall safety circulation. He discussed the figures from the traffic study, but said they were not the result of an onsite study.
Attorney Lynch noted that this proposal is creating a safer site, stating the transition from having the garage to a convenience story is a more cost effective way of making money and he does not anticipate an increase in traffic. He pointed out that this location has been a gas station since 1929 and retail sale of tires and some merchandise over the years has been a part of the business. He contends that there have always been deliveries by large trucks, and the repair component of the existing business has required accommodating large tow trucks. Eliminating this component will be an improvement.
Dan O’Brien pointed out that the transition to a convenience store would require volume in order to be successful; therefore there would be more traffic.
Attorney Glover argued that this proposal is a change of use, and the site does not meet the parking requirements for a convenience store. She reviewed the Petition and various sections of the zoning bylaw and stated why the Board should not grant the Petitioner’s request.
Mr. White presented his analysis of the site and a comprehensive review of the bylaw.
Discussion ensued.
There was no correspondence and no members of the public were present.
SLC made a motion to grant the petition for Special Permits Sections 3.3.1 and 3.3.2 and 5.1.7, and Variances from Sections 5.1.18 and 5.1.19, to allow the establishment of a convenience store as a new use to accompany the existing use of the sale of gasoline and replace the use of the garage. EB seconded the motion.
Discussion ensued, and it was decided it would be best to separate the requests and vote on them individually.
SLC restated her original motion. SLC made a motion that the Board grant a Special Permit under Section 3.3.2 of the bylaw for a change of use or substantial extension of the non-conforming use as proposed by the Petitioner. EB seconded the motion. The Board voted 1-4 with EB voting in favor.
SLC made a motion to grant the request for a Special Permit 5.1.7 to modify parking from 6 to 4. The Board voted 2-3 with EB and RFjr voting in favor.
SLC made a motion to grant a Special Permit under Section 5.1.8.1 for relief from the 80 percent requirement on the side or rear configuration. RF seconded the motion and the Board voted to approve
5-0.
SLC made a motion to grant Variances under Sections 5.1.18 and 5.1.19. EB seconded the motion. The Board voted 0-5. EB stated that his vote to deny was in part to signal to the town that if they want to see businesses in the downtown something will have to be addressed with the zoning bylaw.
The Petition was denied.
The hearing was closed at 9:20 pm.
Approved minutes:
September 18, 2013
October 2, 2013
October 16, 2013
Respectfully submitted,
Peggy Ammendola
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