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ZONING BOARD OF APPEALS
January 30, 2014
Petition for Special Permit by William Gagnier of
Gregory Hill Realty Trust, 2 Mountain Road
Minutes and Decision
The Princeton Zoning Board of Appeals held a public hearing on January 30, 2014 in the Town Hall Annex to consider the petition of William Gagnier of Gregory Hill Realty Trust for a property located at 2 Mountain Road, Princeton (Assessors map #12B, Lot 17). The Petitioner sought a special permit, pursuant to Zoning Bylaw Section VII. 2. (D), to resume certain pre-existing non-conforming uses on the first floor of the property.
Board members present were Chairman John Puricelli, and members Walter Kuklinski and Christopher Walton. The Chairman opened the hearing at 7:05 PM
The Petitioner was represented by Atty. Thomas Bovenzi. Both Attorney Bovenzi and Mr. Gagnier noted that the building, which is located in a residential/agricultural zoning district, had been used by various commercial tenants, including a post office, a general store, and a restaurant, since at least the early part of the 20th Century. The first floor of the structure has been vacant for about ten (10) years, while the second and third floors are occupied by residential tenants. Mr. Gagnier stated that he seeks to rent most of the first floor to a landscape design company. The building has off-street parking on its north and east sides. In response to queries from the Board, Attorney Bovenzi reiterated that the Petitioner was seeking to only resume the use of the first-floor for
business and service uses, but not for a restaurant. He also agreed that any businesses would be open to the public only between the hours of 7 A.M. to 8 P.M.
At 7:30 PM the Chairman closed the Petitioner’s portion of the hearing to allow testimony by members of the public. About 30 residents were present and several of them spoke in favor of the petition. Many cited the need to maintain a historical building and to encourage low-impact economic development. Letters of support were submitted by the Board of Selectmen, Joyce Anderson and Mickey Splaine, both of the Historical Commission, Joseph O’Brien, Larry Greene, Sr., Jim and Nancy Javares, Carolyn and John Stimpson, Hal Melanson, and Susan Mayer.
At 7:40 P.M. the chairman closed the public input portion of the hearing and the Board began deliberations. After deliberation, Chairman Puricelli moved for a vote. The motion was made to grant the special permit with the condition that any commercial tenants would be open to the public only between the hours of 7 A.M. to 8 P.M. daily. The motion was seconded, following which the Board unanimously allowed the petition.
The Board makes the following findings of fact and law:
- The building at 2 Mountain Road is located in a residential/agricultural zone.
- The building has historically been used for commercial purposes. These uses preceded the passage of the Zoning Bylaws and are therefore pre-existing and non-conforming in nature.
- The property has not been used for commercial purposes for ten (10) years.
- The petitioner seeks to use the first floor of the building for a retail or service establishment and/or for a business or professional office. These uses would not be substantially more detrimental to the neighborhood.
Appeals, if any, should be made pursuant to Section 17, of the Massachusetts Zoning Act, Chapter 40A and shall be filed within twenty (20) days after the date of the filing of this decision with the Town Clerk.
Marie Auger
Administrative Assistant
Planning Department
978-464-2100
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