MONSON ZONING BOARD OF APPEALS
MINUTES 8.19.10
MEMBERS PRESENT: David Beaudoin, Frank Carey, Kevin Biermann, Tere Hrynkiw and Scott O’Neill.
MEMBERS ABSENT: David Jarvis
Chairman David Beaudoin convened the meeting at 7:30 P.M.
Kevin Biermann moved to accept the minutes of July 22, 2010 as presented.
Frank Carey seconded the motion.
It was so voted unanimous.
The Board received an “As built” plan prepared by Sherman & Frydryk, Land Surveying & Engineering for earth removal allowed by special permit Case No: J – 2008 the applicant was the property owner Bedrock Financial, LLC. The plan shows no slopes greater than 3:1 and the slope on the northeasterly side of the project has been loamed and seeded. Areas of the site have been left open for work associated with future development of homes and utilities, wood chips have been spread over other areas.
Frank Carey suggested the Building Commissioner check the site.
Harold Leaming stated he did not have the authority to supersede a plan stamped and signed by a professional engineer.
Frank Carey moved to accept the plan and letter stating the work and site are in substantial compliance.
Kevin Biermann seconded the motion.
It was so voted unanimous.
7:45 Public Hearing for a Special Permit as provided by Section 5.3.6 signage of the Monson Zoning Bylaws for property at 201 Main Street, Monson owned by Stone Bear Management, LLC advertised in the Republican Newspaper the weeks of August 2, & 9, 2010 Case No: D – 2010.
Following the Chairman’s comments regarding the powers and purpose of the Board, the time constraints the Board must meet to set a public hearing and render a decision, the rights of all concerned, the manner in which the hearing would be conducted, introduction of the members of the Board and reading of the legal notice, Lawrence Tuttle made a presentation to the Board.
Larry Tuttle stated the project at 201 Main Street that was issued a special permit for a non-exempt educational use by the Zoning Board is nearing completion and the property owners are now proposing signage that complements the location of the building and its unique character and structural elements. All of the signage on the property will be fixed to the building and it will not exceed the maximum allowed in a Center Commercial District. On the east wall of the building (street façade) it is proposed to attach a sign that is thirty (30) square feet, illuminated with goose neck light fixtures. The proposed sign exceeds the maximum twenty (20) square feet allowed for a single sign. Signage proposed for the north wall (abutting Monson Savings Bank) and for the south face of the hose tower
(patron entrance) conforms to the maximum requirement for single signs. Mr. Tuttle stated the application to the Board also includes a variance from the fifteen (15) foot height requirement for a sign that the property owners propose for the east face of the hose tower. No definitive decision has been made by the owner regarding that particular sign but the variance was included in the application to avoid having to come back to the Board.
Frank Carey questioned if the owners proposed to leave the lights on 24 hours a day?
Jonathan Crowley representing Stone Bear Management LLC stated the lights would be on motion sensors.
Kevin Biermann stated typically the Board includes a condition in its decision that the signage lights must be turned off one half hour after the business closes.
David Beaudoin questioned if the sign on the wall closest to the Monson Savings Bank building would be lit?
Larry Tuttle stated no.
Frank Carey questioned if the canopy was a sign?
Building Commission Harold Leaming stated if it has lettering it is a sign. The canopy is similar in style to those across the street advertising Subway.
Scott O’Neill questioned if the oversized sign had neon lighting?
Larry Tuttle stated no. The goose neck lights shine onto the sign.
Frank Carey questioned the total area of signage?
Larry Tuttle stated 70 to 80 square feet depending if the sign on the hose tower was included. He stated the owners have not made a decision regarding the sign on the hose tower but in any event the total square footage of signage on the property was below the maximum 100 square feet allowed.
Harold Leaming stated he would agree that this building has unique structural elements.
With no further questiones Frank Carey moved to close the hearing at 8:05 P.M. and take the matter under advisement.
Kevin Biermann seconded the motion.
It was so voted unanimous.
8:05 Public Hearing for a Special Permit for earth removal as provided by Section 6.6 and 7.3 of the Monson Zoning Bylaws for property located on Bethany Road and Chestnut Street identified on the Monson Assessors Map 11, Parcel 10 & 10H and is owned by Kevin R Byrne and Bedrock Financial LLC. Kevin R. Byrne is the applicant for the special permit. The property is zoned Residential Village. It was advertised in the Republican newspaper the weeks of August 2, & 9, 2010, Case No: E – 2010.
Chairman David Beaudoin repeated his earlier comments regarding the powers and purpose of the Board and the manner in which the hearing would be conducted.
Keith Terry, Sherman & Frydryk Land Surveying & Engineering representing Kevin Byrnes made a presentation to the Board describing the property and the reasons for the request for earth removal. Mr. Terry stated the applicant lives at 20 Chestnut Street and intends to purchase a lot that abuts his property from Bedrock Financial LLC, he then intends to reconfigure the property into a building lot and the remainder of the land would become an integral part of his existing property. The purpose of the earth removal is to create a frontage lot for a single home and to remove a steep slope to accommodate the construction of the home and also improve sight lines when exiting the driveway at 20 Chestnut Street. An earth removal project has just been completed on the abutting property owned by Bedrock
Financial LLC. Approximately 3,300 cubic yards of material is proposed to be removed from the site with no excavation proposed below the roadway levels or below the level of the adjacent property to the west. There is limited historical USGS groundwater information available but based on the base flow elevation of the brook at 354 and the base flow elevation of Chicopee Brook at 343 Sherman & Frydryk is confident that the required separation to groundwater has been maintained. Mr. Terry stated no fencing, or temporary structures are proposed because of the limited amount of material that is to be removed. Proposed hours of operation are Monday through Friday 8:00 A.M. to 5:00 P.M. At the completion of the project the steepest slopes will be 4:1 at the rear of the property.
The Board received an engineering report from David Loring, Tighe & Bond dated August 16, 2010 that included his comments regarding the proposed 4:1 finished slope at the rear of the property. Mr. Loring stated the continuous slope lengths are relatively flat and short in length, so they should not pose an erosion hazard with normal excavation activities.
Tere Hrynkiw questioned if warning signs would be used?
Keith Terry stated they would have traffic signs.
Frank Carey questioned where exactly the earth removal would occur?
Keith Terry stated there is an existing double catch basin and that is approximately the location. The intent is to take from behind the existing barn creating a gentle slope down to the road.
Present and speaking in favor was Robert North 63 Bethany Road, Monson.
The Board received a letter from John Morrell, Highway Surveyor stating he fully supported the application for earth removal at this particular site because it will improve safety for both vehicular and pedestrian traffic.
Scott O Neill questioned if any changes were proposed to the existing house at 20 Chestnut Street.
Kevin Byrne stated no changes were proposed to the house although the lot size would be increased. He stated the reconfiguration of the property would create a building lot that he intended to sell and the rest of the land would be joined with his existing property. There is a conservation restriction on a portion of the abutting property owned by Bedrock Financial, LLC and it was his intent to place a conservation restriction on a portion of his property.
At 8:35 Kevin Biermann moved to close the hearing and take the matter under advisement.
Frank Carey seconded the motion.
It was so voted unanimous.
8:35 Public Hearing for a Special Permit as provided by Section 5.3.6 & 7.3 and Variances from the requirements of Section 3.1 Table 2 Dimensional & Density Regulations and Section 5.3.42 of the Monson Zoning Bylaws for signage at 115 Main Street Monson. The property is located in a Center Commercial zone and owned by Gracechuck Realty. Adams Hometown Market filed the request that was advertised in the Republican newspaper the weeks of August 2 & 9, 2010 Case No: F-2010.
Michael O’Grady representing Adams Hometown Market made a presentation to the Board stating the interior of the supermarket had been renovated and they now intend to change the signage to reflect the Adams Hometown Supermarket logo. A 10’ x 7’ 2 ¼” oval sign with the words Adams Hometown Supermarket will replace the existing sign above the main entrance to the store and the words “when freshness counts” and “hometown proud” will be mounted on the left and right of the sign over the main entrance. The existing signage over the liquor store will not change.
Scott O’Neill questioned if the lettering would be raised?
Mr. O’Grady stated it would be slightly raised but not lit. He stated the existing signage on the front of the building (facing Main Street) would be replaced with an oval Adams Hometown Supermarket sign as previously described and with the same language on either side as described over the main entrance, additionally located on the same side of the building on the extreme right it is proposed to mount a red oval IGA sign 4’8” x 3’. The existing Armata’s Plaza pylon sign will be replaced with a new pylon type structure 12’ high and 8’ wide that incorporates the Adams Hometown Market sign and a digital sign that can be changed to advertise the various sale items. The existing sign that lists the tenants on the property will not be changed other than to replace the
Adams IGA Supermarket sign with one identical in size that advertises Adams Hometown Market.
Frank Carey quoted the sign bylaw that free standing signs shall be setback at least 15 feet from any street or lot line; and shall be erected at a height not less than 5’ nor more than 15’ above ground or sidewalk.
David Beaudoin stated the sign bylaw specifically states “no sign nor advertising device shall incorporate, or be lighted by flashing or blinking lights, or be designed to attract attention by a change in intensity or repeated motion. The past practice of the Board has held to that and when the previous owners John & Frank Armata came to the Board for the pylon sign they were required to conform to the bylaw and change the signage manually each day.
Frank Carey stated there was a discrepancy with the numbers provided to the Board regarding the total square footage of new signage. Mr. Carey asked the petitioner to provide the Board with the existing total square footage of signage and the total square footage of the proposed signage.
There was no one in attendance to speak in favor or in opposition to the petition.
The Board received a letter from Alison Fletcher, 7 Lincoln Street stating she did not oppose the petition for new signs but would ask the Board to take into consideration that the signs on the store face the rear of her property. If the Board allows the signs to be lit all night they will be shining directly into her bedroom.
Harold Leaming stated the applicant must be aware that the digital sign cannot constantly change or roll.
Scott O’Neill stated the bylaw does not allow blinking or flashing lights.
Tere Hrynkiw questioned the color and if the applicant could change the red and black colors proposed for the digital sign?
Mr. O’Grady stated he would look into that. He stated in response to the concerns of the abutter the store closes at 10:00 P.M. in summer and 9:00 P.M. in winter allowing one half hour after closing time for the safety of the employees he would make sure the signs were not lit after 10:30 P.M. in summer and 9:30 P.M. in winter.
Kevin Biermann moved to close the hearing at 9:15 P.M. and take the matter under advisement until the meeting scheduled for Thursday September 16, 2010. This would allow the applicant time to explore the availability of different colors for the neon sign and to provide the Board with the correct totals of existing and proposed signage.
Frank Carey seconded the motion.
It was so voted unanimous.
9:20 The Board discussed the information and plans submitted including the report from David Loring, P.E and noted this is a small operation compared to most earth removal requests the Board receives. The total amount of material to be removed is 3,300 cubic yards that is associated with the preparation of the site for a single family home. An additional benefit as pointed out in the Highway Surveyors’ letter is that a large mound of material that has been on the site for many years is to be removed and that will improve sight distances and safety for both vehicular and pedestrian traffic.
Kevin Biermann stated he believed this would be an improvement over what exists.
Frank Carey stated he agreed.
Scott O’Neill stated the amount of the bond recommended by David Loring seems to be excessive when compared with what was recommended for much larger projects.
The Board concluded that the work proposed was one fifth of the work proposed on the previous project approved by the Board and would set the bond at one fifth of the bond required for that project.
Frank Carey moved to approve the project with the following conditions:
- A bond or other security subject to approval by Town Counsel to be returned upon completion of the project.
- An “As Built” plan prepared by a certified engineer shall be submitted to the Board prior to acceptance of the project as complete.
- No Building Permit shall be issued until the project is complete and a non-invasive vegetative cover established on the 4:1 slopes.
- The special permit shall be granted for one year for the removal of 3,300 cubic yards of material.
- The hours of operation shall be Monday through Friday 8:00 A.M. to 5:00 P.M. with no work on weekends or legal holidays.
- A copy of the NDPES Notice of Intent for Construction General Permit and a project schedule shall be provided prior to start of the work.
- The petitioners shall consult with the Monson Police Department regarding signage and traffic control.
Kevin Biermann seconded the motion.
It was so voted unanimous.
9:35 The Board reviewed the documents, plans and presentation made by Stone Bear Management, LLC relating to signage at the Fire House Learning Center 201 Main Street.
The Board concluded that a variance would not be required for a sign attached to the hose tower that may be over fifteen feet above grade because it would be attached to the building. The Zoning Bylaws restrict the height of a free standing sign to a maximum of fifteen feet above the ground or pavement the restriction does not apply to signs attached to a building.
Scott O’Neill stated the Board did not receive dimensions or plans showing the sign that at some future date could be mounted on the hose tower and suggested including a condition that the Board reserve the right to review any signage proposed for the east face of the hose tower for compliance with the Zoning Bylaws.
Kevin Biermann moved to grant the Special Permit for signage at 201 Main Street with conditions:
- The Board reserves the right to review any future plans for a sign on the east face of the hose tower.
- The signage shall be in conformance with the plans submitted to the Board.
Frank Carey seconded the motion.
It was so voted unanimous.
The Board found the proposed signage has taking into consideration the unique building elements and character of the site.
The Board made no decision relating to the petition of Adams Hometown Supermarket, as the applicant has been asked to provide corrected figures reflecting the total existing signage and proposed signage. Additionally the applicant has been asked to explore the possibility of colors other than black and red for the neon sign.
At 9:40 with no further business Frank Carey moved to adjourn.
Tere Hrynkiw seconded the motion.
It was so voted unanimous.
Respectfully submitted,
Linda A. Hull
| 
