Zoning Board of Adjustment
December 21, 2016
Present: Board Members: Chair Myra Mansouri, Vice-Chair Jan Galloway-Leclerc, Mary Therese Lester, Judy Trow, Tom Murray. Absent: Ernie Vose.
Recording: Marilou Blaine. These minutes are unapproved and will be reviewed at the January 2017 meeting for corrections, additions or omissions.
Roll Call: Ms. Mansouri called the meeting to order at 7:30 pm. There was a full board so an alternate was not needed to fill in.
Minutes: Ms. Trow made a motion to accept the minutes as presented. The motion was seconded and approved by the entire Board.
Public Hearing 1
Special exception Signage – Dr. Steven Pena, 40 Main Street, Map 21, Lot 40, commercial district. Zoning Ordinance Article IV, Part D. Dr. Pena would like to put a sign on the building above the window on the front of the building similar to the building that is for the Mazziott cafe.
Jesse Carr was representing Dr. Pena. Ms Mansouri asked if the application was complete – if all the fees paid, abutters notified, etc. The secretary replied yes. Then Mr. Carr was asked to read his responses to the questions for a special exception.
State how the proposed use will meet the criteria for special exception listed in the ordinance – list all criteria, using extra sheets if necessary
Criterion #1: We would like a sign on the building equivalent size and readability in relation to the other signs in the neighborhood, which are on buildings. Particularly relevant is the sign on the other side of the front of the our building for Mazziott.
Criterion #2: Our sign would be similarly on a board, with raised capital letters attached, as shown in the sketch. We propose a sign within 100 feet of this sign, and therefore need to have an exception.
Criterion #3: This would not diminish property values – like the Mazziott sign. This sign is on a background board painted the same colors as the building next door to the north – blue-gray.
Criterion #4: The sign CHIROPRACTOR will confirm that the doctor’s clients have found the right place and serve to bring in other new clients. He will probably retire the sign on the post out front.
Ms. Mansouri asked if the Board had any questions. The Board did not. Then she asked if the audience had any questions. They did not.
When Mr. Carr was asked how the sign would be affixed to the building, Mr. Carr said that there is air between the sign and the building, which is made of wood. Bolts go into the sign and then into the wood siding. Mr. Carr was asked to bring in a photograph of the sign after it is up. He agreed to do so.
A motion was made and seconded to approve the special exception as presented. The Board voted in the affirmative.
Final Draft of Matrix
The Board looked at the matrix and voted to approve it as the final draft. It will be given to anyone applying for a Special Exception so that they may see what path to follow, especially when they have to go to the Planning Board for a site plan. Ms. Leclerc suggested that it be presented to the Planning Board. The secretary will put it on the Planning Board agenda and present it at the January meeting. Mr. Steve Dalessio, a selectman, suggested putting a date on the document.
Patricia Rodrigues complaints about Graves pit.
Ms. Rodrigues read from a list of documents, which she said were relevant to this situation.
They included information from a manual titled “Grandfathered Land Uses” and “The Elements of Grandfathering.” These books, articles or manuals discuss grandfathered land when there have been violations.
Ms. Rodrigues say the Selectboard gave Mr. Tim Graves a building permit on Nov. 7, 2013, to build a “Winter Sand Shed”. This building permit will allow Mr. Graves to operate during the winter months, when generally the pit would be closed down, she said.
Ms. Rodrigues asked if the Board had made any decision. Ms. Mansouri said that there were a lot of documents to read and digest. She said it may be a couple of months or could be as early as some time in January when the matter is settled.
She then said that the Board was going into executive session under attorney – client privilege. That was at 7:50 pm. The Board came out of executive session at 8:30 pm. After that a motion was made, seconded and approved by the Board to close the meeting.