Canton, Massachusetts · Saved source text
ZB03-09-17
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Town of Tan#un, fassar4nsrtts ZONING BOARD OF APPEALS MEMORIAL HALL 801 WASHINGTON STREET CANTON, MA 02021 TEL: (781) 575-6589 FAX: (781) 575-6574 Minutes of the meeting of March 9, 2017 PRESENT: Paul B. Carroll, Chairman Gregory L. Pando Gary E. Vinciguerra Also Present: Tamra Stock, Recording Secretary Chairman Carroll opened the meeting at 7:05 pm and reads the agenda. Joseph S. Carter/Canton Junction Realty LLC — 601 Neponset Street —13-17- ENCB/U-SPA-SP-V Chairman Carroll reads the petition and opens the hearing. Mr. Thomas Sharry who is representing the trust explains the last business that was in this building was Carter's Sports Grill and explains the building is too close to the street. The petitioner is looking to raze the existing building and slide the footprint of the building back to reduce the non- conformity and also change the use to an all professional office space. Mr. Sharry states there will be less noise and traffic in and out of the site compared to a restaurant and it will eliminate the ordors and fumes as well. Mr. Sharry mentions the petitioner would like to make the building look more like a residential building since they fall within a residential district but it will still be a commercial setting. Mr. Sharry states he believes it is highly unlikely where this site is located it would ever be used as a residential use. Mr. Sharry states they don't have any architectural drawings yet because they are just looking for an opinion from the Board. Chairman Carroll asks if they are looking for a decision tonight. No. Chairman Carroll states the last couple of businesses that have been in there have been out of there rather quickly. Mr. Sharry explains the surrounding area has changed some. Chairman Carroll asks if there has been any attempt to meet with the residential neighbors behind the property. Not yet. Chairman Carroll asks if this is a residential district. Yes. Mr. Gregory Pando explains they need to look at two different sections of the By -Laws which is Section 5.2 for the use portion and Section 6.7 for Performance Standards which would require Site Plan Approval and the Planning Board would need to review. Mr. Pando states he thinks the case has merit and it is possibly reasonable to think this will be less detrimental then the existing use. He highly recommends they do some preliminary design work and have some meetings with the abutters. Mr. Gary Vinciguerra states it would be helpful to have a proposed site plan with the elevations to make sure the parking requirements are met. Make sure handicap issues comply and have the Fire Department take a look at it and review the overall plan. Joanne McCarthy of 14 Apple Blossom Way explains this will have a direct impact to her property. She has some questions that she would like some answers to. How tall is the building going to be and what are the new setbacks? She explains her backyard goes right across that area and the woods are very thin. She would like to see the lighting plan and
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Zoning Board of Appeals Minutes of March 9, 2017 Page 2 of 8 how many offices are going to be within the building. What types of businesses will be there and what are the hours of operations? Ms. McCarthy states wetlands are a concern to her and the drainage from the site. Her basement has been flooded after some work had been done to this site and she doesn't want that to happen again. Chairman Carroll states they are very important concerns and he thinks they will be answered and now the board is encouraging the petitioner to hold meetings with the abutters. Mr. Pando states if the Board makes the determination that the use is going to be less detrimental that he would like to be able to make recommendations for each business that goes into the space to determine professional use and have control over what types of businesses go in there and give the Zoning Enforcement Officer control so they don't need to come back to the Board all of the time. Chairman Carroll asks Mr. Sharry how he would like to proceed. Mr. Sharry states he would like to continue the hearing but he will need a couple of months to get everything done. Chairman Carroll has continued the matter to May 4, 2017. Karen & James Cahill — 9 Pinedale Lane—14-17-ENCB-SP-V Chairman Carroll reads the petition and opens the hearing. Chairman Carroll reads a letter from the petitioner to the abutters for the record. Mr. James Cahill explains they have an addition on the side of the house with a family room and a garage. The driveway is sloped and on several occasions their cars have slid down the driveway in the bad weather so they would like to level the driveway and have a two car garage with a master bedroom and living room above. Chairman Carroll asks if it will be three levels including the garage. Yes. Mr. Cahill states the garage will be at the same level as the basement. Chairman Carroll asks what the dimensional relief is that is needed. Mr. Cahill explains they are currently 9.5' off the side. They are not increasing the side yard but the garage will be 5' closer to the street. It will be 42' back from the street. Chairman Carroll asks what the requirement is. 30'. Chairman Carroll asks what the rear setback will be. 117'. Chairman Carroll asks what the other side setback will be. Mr. Cahill states they will not be touching that side of the house. Chairman Carroll asks if they have talked with the neighbors. Yes. Chairrnan Carroll asks if the sunroom is coming out. Yes. Mr. Pando states he is trying to understand what relief is needed. He asks if the footprint is going to be larger then the existing. It is S' closer to the street. Mr. Pando states it is pre-existing non -conforming because of the side yard and the lot width through the building so you are increasing the non conformity which requires a Variance from Section 5.4 of the By -Law. Mr. Pando states he is concerned about the average height of the dwelling. He explains they need to stay under 25' to meet the residential requirements. Mr. Pando states he thinks they can accomplish that but they need to be careful on how they lower the grade on the side of the dwelling. Mr. Pando explains the surveyor needs to take average points around your home to figure out the average height. Mr. Pando mentions due to the topography and shape of