2019-09-12-ZBA-min - Laserfiche WebLink

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An audience member, Janet Moran of 19 Bedford Street, stated she would like to minimize any unfavorable impact on the historic and residential area. If the permit is granted, there should be a request to contribute to environmental health area. She suggests two trees are planted are on the Bedford Street side. Mr. Williams suggested an experiment permit for one year and have them come back to see how it works. Chair, Ralph D. Clifford, stated they can give a permit that expires after an amount of time. A Board Member, Norman P. Cohen, stated there is a big Stop and Shop that has these signs. They are not intrusive but it's busy and it does take away some parking spaces. A Board Member, Jeanne K. Krieger, asked if they were to apply a condition about landscape what would be Stop and Shops response (Mr. Staff stated they can't speak for Stop and Shop and they do have budgets. Without the signs they won't go forward with the project). Mr. Williams suggested to continue the hearing and talk to Stop and Shop. A Board Member, Martha C. Wood, asked if the tree committee should be involved. Ms. Morrow stated they are here about the signs, not the landscaping. The town needs to address Stop and Shop separately. Mr. Clifford asked if they would you be willing to continue (Ms. Morrow responded they don't know what the Board wants). Mr. Clifford stated this is not the right board for landscape design (Mr. Staff stated they need a direction to know what they are looking for). Mr. Clifford stated they are looking for two street trees (Ms. Morrow stated they can ask Stop and Shop to plant those two trees). The Zoning Administrator asked if they are putting the signs in place of any trees, landscaping or grassy areas (Mr. Staff responded no). Mr. Clifford stated imposing any landscaping that is not mitigating is unconstitutional. Under the Supreme Court precedent there is what is called the essential nexus test that a condition that a board like this imposes has to have some kind of essential connection to the development that's going on. The trees are not connected to the signs. He stated he would be uncomfortable imposing conditions that involve putting in trees. Mr. Cohen stated he agrees with the chairman. Ms. Morrow stated they can put the two trees there and believes they would get a positive response from Stop and Shop. Holding the meeting off and coming back with someone from Stop and Shop wouldn't say any different. Mr. Clifford asked if Ms. Morrow is in a position to say yes on behalf of Stop and Shop (Mr. Morrow responded yes).