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ZB04-26-18

Zoning · Source meeting date: 2018-04-26 · Record 58741

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Source page 1

^ down of (Canton, massar4usrtts 
N ' ' 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 April 26, 2018 
PRESENT: Paul B. Carroll, Chairman 
Gregory L. Pando, Vice Chairman 
Gary E. Vinciguerra 
John R. McCourt 
Charles J. Armando 
Also Present: Tamra Stock, Recording Secretary 
Meeting Held in the Salah Hearing Room, 2nd floor, 801 Washington Street, Canton, MA 
Acting Chairman Pando opened the meeting at 7:00 pm and reads the agenda. 
Ponkapon Civic Association — 17 Greenbrair Road — 16 -18 -ENCU -Mod SPA -SP -V 
Chairman Pando opens the hearing and explains this is a continuation. He states both sides 
have made good presentations and he continued the last hearing because he wanted to go 
out to the site to look at some of the concerns the neighbors had. Mr. Vinciguerra states he 
has no more comments but is interested in the number of days the alcohol is going to be 
served. Mr. Paul Carroll states the Board did receive and email from Mr. Larry Ransford. 
Although not all of the information was new it was still enlightening. Mr. Carroll mentions 
Mr. Ransford is the neighbor most impacted. Chairman Pando states there are abutters 
affected by the Civic so his comments are understandable. He is aware there have been 
problems in the past but is satisfied that most of them have been rectified. Chairman Pando 
recommends to the other Board members that the Board reserves the right to amend 
modify or revoke the decision should there be issues. It could be done at an informal 
meeting. Chairman Pando states based on the information we have and the request from 
the Ponkapoag Civic to consume alcohol outdoors under the canopy, the pool deck, and 
areas specified he would like to recommend the Board limits it to four days a week. 
Thursday, Friday, Saturday, and Sunday. He will ask Mr. Edward Walsh in the middle of 
the summer to report back to the Board so if it needs to be modified or if the Board needs 
to take further action we can do it at that time. Mr. Carroll states he hopes the Board has 
made an impression on the leadership of the Civic and they don't need to be reminded this 
is in a dense neighborhood. The dumpsters should be properly placed. They shouldn't be 
banged around at 4 in the morning. Chairman Pando states he would like the Civic to 
consider as a group the security lighting. He understands security lighting is needed. In the 
future he would like them to look at some nice LED lighting. He would also like them to 
consider the rubbish collection. Explore recycling. Have members take their own trash. He 
would like to see if there is a way to reduce the dumpster to two 30 gallon trash barrels 
maybe there is a more sensitive way. This will not be a part of the decision but he would 
like them to look into it. Chairman Pando thinks by issuing Special Permit for their request 
to consume alcohol outside for four days is reasonable and the Board will be flexible if you 
have a rainy day and need to move things around you can. He would like to try this and

Source page 2

Zoning Board of Appeals 
Minutes of April 26, 2018 
Page 2 of 14 
then get a report back from the Building Commissioner and Zoning Enforcement Officer 
and after that we will retain the right to amend modify and revoke. Mr. Carroll suggests we 
set this a review period or a probationary period. The powers to be at the Civic need to be 
sensitive to the neighbors. We should set this up for review in August or September. Mr. 
Carroll states this is still one of the best spots in Canton but we are keeping a close eye on 
this. 
Ms. Joan Dowd of 18 Pinedale Lane states she wasn't able to attend the first meeting but 
she did watch to see what was going on. She remembers the Board mentioning the 
possibility of three days for the license. Four days wasn't even mentioned so why now are 
you going with four days? She also asks if they have to go before the ABCC before they 
can get a license. Chairman Pando states they have a seven day liquor license from the 
Board of Selectmen. We are just expanding it to different areas on the property. Ms. Dowd 
states this is horrible for the neighbors. You are picking the four days where the neighbors 
are most likely having people visiting them at their homes. To have the drinking outside is 
horrible and she states within a year from now this will be out of control. She states she has 
lived there since 1962. She knows the history. She states she has been there through the 
bad days. She does commend them over the past couple of years they have helped and 
made things better but it is also their civic duty. She doesn't believe this will be smooth 
sailing. Chairman Pando explains this is the first opportunity to create some sort of control 
over the Civic and the Board has the right to amend modify or revoke. This is strong 
language so if it gets out of hand the Board will revoke the permit. Mr. Vinciguerra 
explains we will also get the update from the Building Commissioner to see how things are 
going. 
Ms. Katie Siegal, Board member for the Ponkapoag Civic states she has been on the Board 
since January. She understands there has been a lot of talk going back and forth and she 
doesn't think asking for four days is too much. She explains they are only open from 4PM- 
8PM. When her husband comes home from work he likes to come down and relax with the 
kids. They need to get the small children home to bed. It isn't like they are there all hours 
of the night. Ms. Siegal states she lives in the area and her neighbors are louder than the 
Civic gets at times. Ms. Young states surprisingly the weekends are very quiet. Mr. John 
Davis states he thinks this is all being mischaracterized. On an average night they only take 
in about fifty dollars. This is a mellow low key environment. The Civic is just asking to be 
able to consume outside not sell outside. Mr. Davis explains they have a seven day license 
right now and they usually open the bar on Wednesday and Thursday depending on 
attendance. The issue last year was when they had bad weather and the Civic didn't open 
but they had already paid for the license. It got costly. Chairman Pando states this is a 
close neighborhood and this Board will be keeping a close eye on things. Mr. Davis 
mentions the neighbors are referencing issues from three plus summers ago and those 
kinds of things don't happen anymore. He states they have never had an alcohol issue at 
the Civic. The neighbors are painting a very bad picture.