ZB08-25-11

Source page 1

Zoning Board of Appeals 
August 25, 2011 meeting 
Page 1 of 4 
 
 
Present: Chairman Paul B. Carroll, Greg Pando, John Marini. 
Also present: Alternate: Kevin T. Feeney, and Velma Coffey, Recording Secretary & Admin. Asst 
 
Chairman Carroll called hearing to order at 7:03 P.M. 
 
SCHEDULED HEARINGS 
Sprindale Variety/489 Bolivar Realty, Gerry Goulston, Trus tee – 489 Bolivar St – 33-11-Mod.SP-ENCB- 
SP-V Petitioner wants to add 8 x 40 cooler on rear of building. Modification o f site plan, Extension of a 
non-conforming building, special permit needed. Presenting to the Board were Atty. Richard Staiti and 
Steve Goulston, nephew of the owner who could not make the meeting. Atty. Staiti read his prepared 
brief. Chairman Carroll referred to Section 5.2 and 5.4 for variance, expanding non0conforming use and 
structure in a residential neighborhood. Atty. Staiti stated that they meet all dimensional requirements 
in a General Residence district. Chairman Carroll said if you want a Variance, you need to show 
hardship. It appears that some old meaning got lost in the recodifying of the by-laws. Will this be 
enclosed and look like the building? YES, it will be shingled to match the older part of the building. Mr. 
Pando wanted to discuss the concept of use and structure. Structure is in conformity with requirements 
(setbacks). Any expansion that does not violate setbacks should be allowed by right. As to Use - it has 
been non-conforming for a longtime. Need extension of non-conforming use. Will it be filled from the 
right side. NO - filled from the entrance of the store. There is a chain link fence. What is in it? 
(compressors for cooler and A/C), you will also need to relocate the sewer clean out. I am more 
concerned with extension of non-conforming use. I have no problem with the structure. Chairman 
Carroll said that section 5.4 reads : structure conforming. Atty. Staiti said if we increase the addition and 
it caused setbacks to be off, we would need a variance. Chai rman Carroll said you are extending a wall, 
extending the non-conformity. Mr. Pando said all distances are conforming, there are no non- 
conforming distances. Mr. Marini asked if they were relocating the air conditioner to the roof. YES. 
Chairman Carroll noted there were no abutters present. He would need more info if 5.4 applied. 5.3 
contradicts. He would like to discuss with the building commissioner, Ed Walsh, and Town Counsel and 
Mark Bobrowski. Is there no place else to put this? NO. The hearing was closed and will be continued to 
th 
Sept. 8. Motion made and voted 3-0 to approve closing the hearing. Chairman Carroll would like to 
discuss this, in a meeting, with Mark Bobrowski. The BOS would have to pay for this service. 
2 Cool Entertainment/Robert DeVoe – 905 Turnpike St – 34-11-Mod SP, SP-V Petitioner would like to 
change use of building to indoor amusement for parties, and a restaurant use. Michael McDonough 
appeared before the Board. This is a family entertainment business and a rental company also. They