2022-05-26-ZBA-min - Laserfiche WebLink

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