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HomeMy WebLinkAboutZBA 05/31/2022Zoning Board of Appeals Minutes May 31, 2022 Meeting Held in Person in Meeting Room 3A/B and Virtually Using GoToWebinar Platform �E1VE0 1 . r-:RK0 OFFICE 20 A c� 28 t' _o n,sffD P 4 { C 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