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ZB01-28-10

Zoning · Source meeting date: 2010-01-28 · Record 40243

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Source page 1

Min utes of the Meeting of January 28, 2009. 
 
PRESENT: Paul B. Carroll, Chairman 
 Gregory L. Pando 
John S. Marini 
ALSO 
PRESENT: Velma J. Coffey, Admin. Asst/ Recording Secretary 
 
Chairman Carroll opened the meeting at 7:02. He read the agenda items. 
Unity Feeds – 626 Washington St – Continued until March 25, 2010. 
 
Keith Properties – 60-09 Modify prior decision re: 40B units (PC, GP, KF) 
2 units from 21 and 24-26 Wall St to 735 Randolph St 
Keith Properties – 61-09 Modify prior decision re: 40B units 
2 units from 59 Walpole to Wall St now to 735 Randolph St 
Keith Properties – 62-09 Modify prior decision re: 40B units 
 
These hearings are continued until Feb. 11th 
 
INFORMAL HEARINGS 
Carlos Andrade/Dunkin Donuts – 2790 Turnpike St 
Minor Modification of Site Plan to create additional parking. Paul Brodmerkle from Site 
Design Professionals and Sue Franco, Atty. Mazonson’s secretary represented the 
petitioner. They requested that the petition be considered a minor modification. The 
queuing lane to the drive through is not open as of yet. They have lost business to the 
Suffolk Grill during the holidays due to insufficient parking. Once the drive through 
window is open there will be more parking spaces. They want to add 3 spaces to the 
north lot, 3 in front, and 3 out back (plus 5 from the gas station on the side, potentially). 
They also want to build a bypass lane to the southerly parking lot. The loop allows 16 
cards to queue up for the window (this was approved last summer). They are moving the 
sign and light to make spaces for the bypass lane. There will be new pavement fo r the 3 
up front diagonal and bypass lane. They will come before the Board for the sign at a later 
date. Chairman Carroll concurs, once the window is open, it will free up spaces. Did 
you run this by the Planning Board? No. You are adding pavement, I suggest you run 
this by the Planning Board. Mr. Pando states that this is problematic for him. There is a 
lot going on. #1 – there is a pedestrian area. #2 – 2 lanes are converging. #3 – HP and 
access from the southerly lot. Paul Brodmerkle states that there is a landscaping planter 
and good visibility. When stopped at the drive through window, customers can see the 
vehicles at the stop line at the end of the bypass lane. Chairman Carroll asked about the 
NO left turn into the parking lot, which is state mandated, per Mr. Brodmerkle. It took a

Source page 2

Zoning Board of Appeals 
Minutes of December 17, 2009 
Page 2 of 3 
good engineer , it is a minor modification. This should be subject to Planning Board 
involvement. Mr. Pando made a motion, due to the nature of the modification, subject to 
an informal review by the Planning Board and Mr. Houston, approve 9 new parking 
spaces relief north and south parking and adjacent to Sunoco parcel for the bypass lane. 
Voted 3-0 to approve. 
 
N.E. Electrical Distr. – 135 Will Dr 
Minor Modification to existing freestanding sign (name/logo change) only. Same 
dimension, same location, same frame. Ed, from Poyant signs, represented the petitioner. 
They want to reface the sign only. Remove Eagle and the Sylvania logo. Chairman 
Carroll said he wished all would do this. Mr. Pando said this is appropriate, cleaner and 
less busy. Motion made to allow petitioner to reface a freestanding sign on Will Dr., 
corner of existing building at 135 Will Dr. to conform with plan b y Poyant Signs, Exhibit 
A, voted 3-0 to approve,. 
 
Town of Canton – DPW – 160 Bolivar St 
Temp. Special Permit for office trailer at DPW barn. Jim Donovan, Town Engineer, 
appeared for the Town. They are seeking a Temporary Special Permit for a 44 x 12ft 
office trailer. Chairman Carroll asked if they are locating this trailer at the front of the 
barn. Yes. It is 32 ft from the street and 65ft from the barn, per Jim Donovan. Finding a 
site for a new barn is difficult. We are seeking 6 months, and will com e back if 
necessary. Chairman Carroll asked if this trailer has been used before? Is it town owned? 
The Building Commissioner will keep an eye on it. If the DPW feels it is necessary, it is 
appropriate. Mr. Pando asked Mr. Donovan to remove the sign (Bay State Trailer sign) 
from the trailer. And could he paint it? Yes, per Mr. Donovan. Motion made to grant 
temporary special permit for 6 mos. For a 44 x 12ft office traile rat the south end of the 
yard, adjacent to full storage tanks. If petitioner requires further use, come back to this 
Voted 3-0 to approve. 
Board. 
 
 
SCHEDULED HEARINGS 
Diane Leger – 55 Old County Way – 05-10-SP-V 
Petitioner would like an Accessory Apt above garage. Petitioner is represented by Atty. 
Suzanne Matthews. The petitioner and the builder, Bill Brophy, are also in attendance. In 
2007 she obtained a special permit to raze the old home on the property and constructed a 
new home. She is seeking a special permit for an accessory apartment. Atty. Matthews 
reads her proposal. If she went under the affordable accessory apartments by law 
(2.12.3C), it is less restrictive. Chairman Carroll said let the record reflect abutters 
concerns. Mr. Merchant opposes the variances, Mr. Francoeur has concerns and 
problems. Atty. Matthews met with the neighbors, and spoke to Mr. Merchant over the 
phone. Chairman Carroll said this affects the immediate neighbors. Mr. Pando said his 
#1 main concern is that he has serious misgivings about this application. Our by-law 
recognizes 2 types: accessory apartment and affordable apartment. An accessory 
apartment: is a secondary dwelling unit in a one family dwelling. You cannot subdivide a 
large home. This case is an accessory BUILDING for use of an apartment. Only a 
carriage house by law allows for this. (an old carriage house or barn) she is not within the 
family dwelling. We do not encourage building a garage and converting it.