Zoning Board of Appeals
November 6, 2013 - Meeting Minutes
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting – Open Meeting Law – Section III.
Members present: Peter Conner, David Peck, Michael Main, William Keohan, Edward Conroy, Mike Leary, and James Simpson
Director of Inspectional Services: Paul McAuliffe
Recording Secretary: Tracey McCarthy
Mr. Conner called the meeting to order and explained the procedures for the evening.
Public Hearing: Harald, LLC – Case #3703
Continued from 3/20/13; 5/1/13; 6/5/13; 8/7/13; 9/18/13; and 9/25/13
Home Depot Drive
Special Permit for Gravel Removal
Sitting: Mr. Conner; Mr. Peck; Mr. Keohan; Mr. Main; and Mr. Conroy
The Board received the following documentation* for review of this case:
- October 11, 2013 Letter from Atty. Angley
- October 1, 2013 Truck Traffic Assessment
- October 10, 2013 Memo from Mathew Muratore
- October 15, 2013 Letter from Arthur P. Kreiger
- Minutes from September 25, 2013 ZBA Meeting
- October 2, 2013 Letter from MEPA
- October 30, 2013 Engineering Review From Environmental Partners
- November 1, 2013 Letter from Tammy & Mark Forsberg
- November 6, 2013 Email from Peter Neville
- Comments from Jerry Benezra received at November 6, 2013 meeting
- Comments from Harvey LeSueur received at November 6, 2013 meeting
- Letter from Edward Angley received at November 6, 2013 meeting
Mr. Conner opened by stating that the Board continued this case from September 25, 2013 for the sole purpose of reviewing the independent engineering consultant’s review of impact on the Lout Pond Well; and, for reviewing an updated impact traffic report.
Atty. Angley, representing petitioner, read his November 5, 2013 letter requesting permission to withdraw the case without prejudice.
Mr. Main motioned for the Board to allow Case No. 3703 to be withdrawn without prejudice. Mr. Peck seconded. Granted unanimously (5-0)
Administrative Business: Public Review of Signage
Mr. Peck re-capped for benefit of audience and colleagues, his desire to incorporate the public review of signage as part of the ZBA Procedural Rules and Regulations. Mr. Peck stated the signage would be a small public sign visible from a public way and would be required for commercial properties and properties larger than a two-family. The intent is to notify abutters and beyond. He briefly explained his thought process as to why this would be beneficial. He has seen such signage in different towns and cities and would like this added.
The Board discussed matters regarding Chapter 40A; would this require town meeting approval; can this be added to the procedural rules; who would be responsible for enforcing said requirement; what if the applicant did not adhere to the requirement; expense to the applicant; information included on the sign; height of the sign; and effective date of said requirement.
Atty. Serkey came forth and stated that he believes this could be included in the rules and regulations and not necessarily in the zoning by laws. In addition, he doesn’t believe it needs to go to town meeting. He proposed that the Board could draw up an affidavit and have the applicant sign as part of the application package. Basically, he is stating that he doesn’t believe it rises to the occasion of changing the by laws.
Mr. Keohan made a motion for the Board to reserve an article for Spring 2014 Town Meeting for the Zoning By-law to be amended. Mr. Conroy seconded. Agreed unanimously (7-0)
Other Business: Approval of October 2, 2013 ZBA Meeting Minutes
Mr. Main motioned for the Board to approve, as corrected, the October 2, 2013 Meeting Minutes as presented. Mr. Peck seconded.
Agreed in favor to approve – Mr. Conner; Mr. Main; Mr. Keohan; Mr. Conroy, Mr. Peck, and Mr. Leary. Abstention – Mr. Simpson
Other Business: Approval of October 16, 2013 ZBA Meeting Minutes
Mr. Peck motioned for the Board to approve the October 16, 2013 Meeting Minutes as presented. Mr. Main seconded.
Agreed in favor to approve – Mr. Conner; Mr. Main; Mr. Keohan; Mr. Conroy, Mr. Peck, and Mr. Leary. Abstention – Mr. Simpson
Mr. Keohan motioned to adjourn the meeting. Mr. Main seconded. Agreed unanimously (7-0)
*On file with the Zoning Board of Appeals in project case files.
Respectfully Submitted
Tracey McCarthy
Administrative Secretary
Approved: December 4, 2013
| 
