Zoning Board of Appeals
Business Minutes of November 15, 2006
Present: Bruce Simpson, Robert Garrity, Martin Murphy, Elissa Flynn-Poppey,
Michael Kulesza
Absent: Lorraine Sweeney, John Burke
This meeting was videotaped by NCTV by Paul Altmier.
The duly posted meeting of the Zoning Board of Appeals convened at 7:35 p.m. in room 105C.
The members signed vouchers for office supplies, postage reimbursement and legal advertising.
There were no applications to preview and schedule for a December hearing.
Norfolk Credit Union – appointment with Robert Nicodemus (representative). Also present were Susan Kenney (Credit Union Manager) and Charles Booth (trustee). Mr. Nicodemus explained that their special permit (case #2005- 14) provided an allowance for a reduced number of parking spaces at the proposed Norfolk Credit Union locus at the corner of Union Street and Liberty Lane.
Mr. Nicodemus explained that the reduced parking space area located the spaces opposite the main entry road. The permanent parking would be located at the rear of the building. The Planning Board issued a site plan approval and reversed the location of the permanent parking and the area set aside for the reduced/future parking spaces. The permanent parking would now have to be located on the side of the building facing Town Hall. Mr. Nicodemus had asked the Planning Board to reconsider their condition since he became aware of the discrepancy in the parking situation. He noted that the Zoning Board of Appeals decision preceded the site plan approval of the Planning Board. The ZBA decision had been disseminated to all of the town boards including the Planning Board. They are present this evening
to request an amendment to the Special Permit in order to complete the Planning Board’s site plan approval process. He noted that the Planning Board will not change their position on the location of the parking.
The site plan approval hearing for the Planning Board was closed in late January or early February. The Zoning Board of Appeals public hearing was closed on February 27th. The decision of the Zoning Board was issued on March 21, 2006. The Planning Board’s decision was issued the second or third week in April. The applicants did not know of the Planning Board’s decision until they received the site plan approval.
The Board noted that the parking location on the locus was not a large issue for them. The applicant preferred to have any future parking spaces set aside along the side of the building and the permanent parking at the rear and the plan was presented to the Board. There are two choices for the applicant; either come back to the Zoning Board of Appeals and refile, or if the Board does not have an issue with the location of the parking spaces the Board could merely amend the decision for that issue. The chairmen of the Planning Board and the Zoning Board of Appeals had been in communication to find a mutually acceptable solution. The Planning Board was concerned with pedestrian safety. Mr. Nicodemus stated that the traffic engineers had determined that there would be safety concerns with the
permanent parking located in either the side or the rear of the lot.
It was discussed that as long as the Zoning Board of Appeals did not have a problem with the switching of the permanent parking spaces with the future parking space area, the Planning Board’s condition of parking locations would rule. In the interest of assisting the applicant to move forward with the project the Board agreed that the issue of parking location would not be an issue. It was noted that this will be a consistent problem with projects that have not finished the Planning Board approval process prior to filing with the Zoning Board of Appeals.
Mr. Garrity made the motion to amend the Special Permit decision, Case #2005-14 issued on March 2006 to allow for the future parking spaces to be located at the rear of the proposed Norfolk Credit Union building. The permanent parking spaces will now be located along the Liberty Lane side of the building. Mr. Kulesza seconded the motion. The proposed landscaping will not change. Any expansion of the building will have the requisite parking spaces. It was noted that in order to advance commercial development the town has promoted fast tracking the process and round table discussions. A problem arises when the process with a board or committee is not completed and a premature filing is made with the Zoning Board of Appeals. Oftentimes the plan is revised necessitating further review by the
Zoning Board of Appeals. A proposal to locate the parking in the front yard would have required another Special Permit and the process would have had to be started over. There was no further discussion. The vote on the motion was as follows:
Simpson - - - - - - - yes to amend
Garrity - - - - - - - yes to amend
Murphy - - - - - - - yes to amend
Flynn-Poppey - - - - yes to amend
Kulesza - - - - - - - yes to amend
The vote to amend the decision to permit the alternate locations of the parking was unanimous.
Mr. Simpson read a letter, dated November 15, 2006 from Bergmeyer Associates into the record. The Norfolk Credit Union also requested a special permit amendment for the proposed window sign on the building and that the date of the amendment of the Special Permit be revised to be consistent with the above request. The enclosure for the window sign had also been revised. The Norfolk Credit Union will not likely apply for a building permit before March 21, 2006 as it is working out issues surrounding its existing lease at its present Main Street location. The Board determined that in lieu of changing the Special Permit issuance date they would consider granting an extension of the March 21st decision. In accordance with Section G.6 of the Norfolk Zoning Bylaws the Board can extend the period of time if
the construction or use permitted cannot be commenced for good cause.
The Board determined that the enclosure for the window sign would not trigger any amendment to the Special Permit. The Design Review Board has already approved the design of the window sign.
Mr. Garrity made the motion to extend the Special Permit decision issued to the Norfolk Credit Union on March 21, 2006 be extended and made valid to November 15, 2007, the date by which the Special Permit must be exercised. Mr. Murphy seconded the motion. The amendment will reference the November 6, 2006 plans. The vote on the motion was as follows:
Simpson - - - - - - - yes
Garrity - - - - - - - yes
Murphy - - - - - - - yes
Flynn-Poppey - - - - - yes
Kulesza - - - - - - - - yes
The vote on the motion was unanimous.
The Board reviewed the draft minutes of October 18, 2006. Mr. Garrity made the motion to approve the draft minutes. Mrs. Flynn-Poppey seconded the motion. Mr. Murphy noted that the minutes were still too verbose. After a brief discussion, the vote on the motion was unanimous to accept. Mr. Garrity signed the approved minutes.
Conservation Commission review – A Notice of Intent filing by James Murray of Cleveland Street had no apparent zoning issues. No comments will be forwarded to the Commission on this filing.
Correspondence – Correspondence was received from Attorney Richard Nylen on behalf of Pine Creek Development affirming that they will attend the meeting in January to explain their progress to date. If the applicant is not ready to move forward at the January 17, 2006 the Board will have to make a decision whether to close the hearing or re-notify the abutters of a future public hearing date. The abutters who attended the previous meeting will be sent the certified abutters list and a copy of the Board’s letter to Attorney Nylen. It was noted that in the past the applicants had been given less than substantial notice when Pine Creek decided that they did not plan to attend a public hearing.
The Board closed the business meeting at 8:10 p.m. to deliberate and vote on the two Special Permits requested by Norfolk Liberty Development II, LLC for a proposed Stop & Shop supermarket at 33-77 Liberty Lane.
The Board reconvened the business meeting at 8:25 p.m. with an appointment with Sarah DelMastro, the chairman of the seven-member Affordable Housing Committee, who was meeting with the different boards and committees to seek suggestions and recommendations on the functions the newly formed Committee. One of the goals of the Committee would be to support residents, the ZBA, the developer and educate the general public on affordable housing issues. At present there are no defined goals or duty parameters for the Committee. The affordable housing plan has been presented to the State for approval.
Mr. Garrity disclosed that his office at the State House oversees the Division of Housing and Community Development, which will be approving the affordable housing plan. His office will not have direct role in that approval. Mr. Garrity was asked and he agreed to serve as the Zoning Board of Appeals member on the Affordable Housing Committee. Mr. Garrity stated that there would be no ethics issue with his serving on this committee. Mr. Garrity’s knowledge would be very valuable to the Committee. The Board will wait on the formal appointment of Mr. Garrity until a full board is present. It was suggested that Mr. Garrity could attend the Committee meetings as the Board’s designee until a formal vote for the appointment.
Mrs. DelMastro informed the Board that the Town Center Condominium project has not yet been registered with the State and included in the town’s affordable housing inventory. Mrs. DelMastro will pay a visit to the Zoning Board office tomorrow to research information for a questionnaire from the State.
Mr. Garrity made the motion to close the meeting at 8:35 p.m. Mr. Kulesza seconded the motion. The vote on the motion was unanimous.
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Robert J. Garrity, Clerk
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