HomeMy WebLinkAboutZBA 05/31/2022Zoning Board of Appeals Minutes
May 31, 2022
Meeting Held in Person in Meeting Room 3A/B and
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Present: Elisabeth Garber -Miller, Chair; Darlene Pruitt, Clerk; Philip Shannon; Eric Correira;
and Matthew List, Associate
Priscilla McGill, Administrative Secretary & Nadine DePillo, Administrative Secretary
Absent: Matthew Cummings and Ryan Maxwell Associate
Application of MMAS Inc. for a Variance from Zoning Bylaw Section 230.4.7 Signs, Paragraph
D Nonilluminated signs (1) not exceeding three square feet in area, Paragraph E (2) Animated
signs, Paragraph E (5), intermittently lighted signs to allow an electronic message board at 888
South Main St. (Assessor's Map/Parcel 016-014 in Reservoir District (RD) zone.
Applicants Attorney Fred Armstrong and Ken Butler the Executive Director of MMAS were
present. Atty. Armstrong confirmed that MMAS operates the Mass Arts Center at 888 South
Main Street and have been in business for over 30 years. They operate a 100-seat theater, an art
gallery and class room space at the MMAS Academy. They are looking for signage that would
accommodate the variety of activities at the center. Arty. Armstrong applied for and was granted
a sign permit last fall for a luminated sign to replace the existing sign that was on the front of the
building. The sign has the capability to display various different messages. After the sign was
put up they realized that the sign needed a variance because of the electronic message board,
which is not allowed per current zoning. In 2018 the MMAS purchased the building with the
idea of creating an art center with a 200-seat theatre, multiple classroom space, and large art
gallery. Covid-19 pandemic became a factor and MMAS had to downsize the entire space.
Attorney Armstrong further explained part of the original design had a marquee sign in the front;
however, for financial reasons MMAS was not able to use that particular sign and MMAS had to
go with a smaller sign, living within the footprint of the existing building. The wall sign would
display the same information as a marquee sign, which is allowed by the Zoning Bylaws and
utilizes the existing wall sign panel. Due to the fact that the building shows as a one-story
building it is truly a three-story building that slopes down near to the reservoir district, the
theatre and art gallery are in the back of the building. MMAS is looking for visibility for all the
departments in the building and wants to display what is going on in the building because the
building is not visible from the road. The sign is very important to display to the public what is
going on via different messages, without using a pole to change the letters.
ZBA Meeting Minutes — May 31, 2022 Page 1 of 5
Atty. Armstrong expressed the enforcement of the Bylaws in this case would create a hardship
for MMAS by not allowing them to adequately inform the public of all programs and
performances. There are classes during the day and performances in the evening. The believe
that relief be granted under the Bylaws without substantial detriment to the surrounding area.
The proposed sign will take the place of the marquee sign that would have been allowed under
the Bylaw, which would have been part of the proposal of the original Art Center. The sign is of
legal size for the Reservoir District in terms of the face of the building allowable sign square
footage and that it is the illuminated aspect for which they are seeking a variance.
Public Comment
There were no public comments.
Board Comment
Ms, Garber -Miller appointed alternate Matt List as voting member for the hearings.
Mr, List noted that in the application three variances are requested; 1. Animated sign, 2.
Intermitted Lighted Sign, and 3. Non -illuminated Sign. Mr. List referenced that there is a
separate formula for the Industrial District, Planned Business District, and Residential District
for the wall sign at three square feet per running foot and noted that this sign complies. Mr.
Butler responded that the building is 40 feet front to back but the front is approximately 50 to 60
feet across. Atty. Armstrong also noted that the sign is parallel with South Main Street, opposite
to the Xfinity Center entrance, with no residential buildings around it.
Mr. Shannon expressed concern that it would be illuminated throughout the night and inquired if
it could be set-up with a shutoff timer. Atty. Armstrong added that they could make that change.
Ms. Garber -Miller confirmed that the original permit application was for a marquis sign, but it
was decided not to construct a marquis sign at that time. Atty. Armstrong confirmed and noted
that in the future they hope to raise funds to expand the building and construct a marquis sign.
Ms. Garber -Miller explained that if a marquis sign is constructed, the wall sign would be
eliminated, as they could not use both.
Mr. Butler explained that the permit application was granted and then it was realized by the
Building Inspector that an electronic message sign would require a variance.
Ms. Garber -Miller closed the public hearing.
Motion to approve the variance for 230-4.7 Signs, paragraph E(2) Animated signs and paragraph
E(5) Intermittently lighted signs to allow an electronic message board at 888 South Main Street
(Assessor's Map/Parcel 016-014 in Reservoir District (RD) zone per the plan. (Shannon -List)
Board discussion ensued for sign illumination time restrictions.
Motion to amend the original motion to include time restriction of illumination of the sign.
(Shannon -no second)
ZBA Meeting Minutes — May 31, 2022 Page 2 of 5
Motion to retract the original motion and amendment. (List-Correira)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Board Discussion ensued regarding similar signs in Town with restrictions for times of
illumination and scrolling messaging that would not be allowed. It the future if a marquis sign
is constructed, the wall sign would be removed.
Motion to approve the Variance for 230-4.7 Signs, paragraph E(2) Animated signs and
paragraph E(5) Intermittently lighted signs to allow an electronic message board at 888 South
Main Street (Assessor's Map/Parcel 016-014 in Reservoir District (RD) zone per the plan and
including the following conditions:
1. That the sign will not be lit between the hours of Midnight to 5:00 a.m.
2. That the sign will not have scrolling messages.
3. That if a marquis sign is constructed, the approved wall sign must be removed.
(Shannon -List) Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Application of Rosemont Design LLC for a Variance from Zoning Bylaw Section 230.4.2A
Front Yard Setback and Rear Yard Setback to allow for the extension of existing side porch and
extension of existing front entry porch within the required minimum setbacks at 16 Samoset
Ave. (Assessor's Map/Parcel 024-173 in Residential 3 (R3) Zone.
Applicant Fadi Alaghbar, is the owner of 16 Samoset Avenue and was represented by the
Architect David Giuliano of Rosemount Design; and both were present for the hearing. Mr.
Giuliano noted that the lot was preexisting with a single-family home which was converted into a
two-family dwelling in 2012 without modifications to the exterior front. Mr. Alaghbar has been
living at the dwelling since 2018 and is seeking to do a few exterior improvements at the
property.
Mr. Giuliano stated that the applicant is seeking three variances. There are two dedicated entries
off of Samoset Avenue and it is proposed to add two sets of steps. The current condition is one
set of stairs where the single entrance door is located. The proposed addition will not encroach
any further into the front yard setback of 30 feet off of Samoset Avenue. Mr. Alaghbar is also
seeking a variance to extend the rear stairs and the deck which will encroach 2'/x feet into the
setback. The stairs of the side yard facing Bristol Street will not encroach any further into the 30-
foot yard setback.
ZBA Meeting Minutes — May 31, 2022 Page 3 of 5
Mr. Alaghbar was also seeking to widen the stairs. An existing parking area off of Bristol Street
provides means of ingress into the residence. The third improvement which would require relief
from the Bylaws while remaining a dedicated deck off of the second -floor unit framing a new
covered deck over the existing footprint. The space on the side yard will require interior
reconfiguration to be able to access the deck. Mr. Alaghbar proposed that the changes would
create safer conditions for the residents of the property.
Ms. Pruitt confirmed that there are three separate requests for a variance, but noted that the
request involving the front yard setback from Samoset Avenue is pre-existing non -conformity.
Ms. Garber -Miller questioned whether the relief for this project involved variances or findings.
Dicussion ensued to determine if requested relief would be a finding or variance. The Board
concluded that a variance as submitted would cover everything. Ms. Garber -Miller asked if there
is going to be an exterior set of stairs going up to the second -floor porch. The back of the house
by Samoset Avenue the front and the back is 2.5 feet of stairs.
Mr. List, referring to the RIM Engineering plans, stated that the existing structure shown on the
plans is not any closer to the front as measured from the middle of the stairs. Mr. List Indicated
that stairs are allowed three feet into a setback and that emergency exit stairs can be six feet into
the setback per the Zoning Bylaws. Mr. List also mentioned that the house is located on the
corner with an odd shaped lot. Mr. List confirmed that the stairs, as measured on the plan, would
be 27.5 feet off the property line encroaching 2 %2 feet into the 30-foot setback.
Mr. Alaghbar stated that the front stairs are existing and that they are only widening them, which
will cause the structure to encroach into the Bristol Street setback. The side stairs are also being
widened to accommodate the two new entries.
Mr. Giuliano confirmed that the rear porch stairs are approximately 31.5 feet to the property line.
Public Comment
There were no public comments.
Motion: To approve the application for a Variance from Zoning By -Law Section 4.2A Front
Yard Setback, Section 4.2A Rear Yard Setback; for the construction of a front porch and side
porch and stairs at 16 Samoset Avenue Rosemont Design LLC, Applicant: Elite Realty Mgmt.
LLC, owner per the plans submitted. (List -Pruitt)
Discussion
Ms. Pruitt noted that the property is on the corner and an odd shape. Ms. Garber -Miller stated
that the house was built in the 1900's, and that the property is a small lot. She also expressed
that the changes would make the property safer for the residents by improving the ingress and
egress from both units. Ms. Garber -Miller further noted that the encroachment is minimal
considering the small size of the lot and did not have any issues with the variance requested.
ZBA Meeting Minutes — May 31, 2022 Page 4 of 5
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
Minutes — April 26, 2022
Motion: To accept the minutes as presented. (Pruitt -Shannon)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
There were no submitted applications for the June 28, 2022 meeting and the Board agreed to
cancel the meeting.
The next Zoning Board of Appeals Meetings: July 19, 2022 at 7:30 p.m.
Motion: To adjourn at 8:27 p.m. (Shannon -Pruitt)
Five (5) in favor, Zero (0) opposed, Zero (0) abstained PASSES
4Signat ler
ZBA Meeting Minutes— May 31, 2022 Page 5 of 5