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2022-05-26-ZBA-min
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2022-05-26-ZBA-min
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1/11/2023 1:06:14 PM
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9/7/2022 10:49:21 AM
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2022
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Town Clerk
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Minutes - ZBA - Zoning Board of Appeals
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allow for circulation, you can get stuck on one side of the island and the only option is to back <br />up). <br />Mr. Clifford asked in order to get the change the building need to move and be closer to the <br />residence (Mr. Delli Carpini responded yes). <br />Mr. Clifford asked if the height has anything to do with safety (Mr. Delli Carpini responded no, <br />this is just for sound deadening and aesthetics). <br />Mr. Clifford stated he doesn’t suppose there is a case that establishes that a Zoning Board of <br />Appeals can look at aesthetics in the same way they can look at public safety as a compelling <br />hardship. <br />Mr. Farrington stated there is the general statement in the bylaw about fitting in with the <br />surrounding neighborhood. The Zoning bylaw does allow a structure above the roof. He does <br />not know of a direct case on aesthetics. <br />Mr. Clifford asked if the ADA parking sites that are being reduced in size are still ADA compliant <br />(Ms. Guglielmo responded yes). <br />Mr. Clifford asked if the proposed operating hours are the same as the current, 6 am to midnight <br />(Mr. Farrington responded yes). <br />William Daily of 114 Marrett Road, stated he is not aware of any significant accidents or injuries <br />over 50 years. <br />An audience member, Steve Heinrich of 11 Potter Pond, stated his opposition for the rear <br />setback to a residential zone and traffic flow on this small site, particularly for vehicles after they <br />pull up to the pumps or trying to access the retail store from the entrance closest to the <br />intersection. Cars will back up onto Waltham Street when waiting for a pump. He stated his <br />concern for trucks with trailers on site. He requested the variances not be approved because a <br />30-foot buffer between a commercial and residential zone should not be violated and safety <br />should be a concern. <br />An audience member, Bruce Morgan of 396 Concord Avenue, stated there is no evidence of <br />safety issues to override the variance and the expansion of the size of the store is not justified. <br />He requested clear justification for any variance if they are to pass. <br />There were no further questions or comments from the audience. <br />A Board Member, Norman P. Cohen, requested the applicant to review the existing setback on <br />the residential side (Ms. Guglielmo stated the shed is 20.5 feet and the main building is 30.5 <br />feet. <br />Mr. Farrington stated they currently have 8 fueling stations. The driveways work fine expect <br />when there are cars at the pumps or backing out of the pumps. <br />Ms. Monticup stated there are still 4 pumps, just different positions. The new design allows for <br />more room around the pumps with the canopy rotated, adding more room at the entrances. On <br />paper it looks like there is less room as a canopy is up in the air. <br />Mr. Barnert questioned if there would be a problem with trucks with trailers (Ms. Monticup stated <br />there is 30 feet between the canopy bollard and 28 feet on the right side. This allows for a
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