Canton, Massachusetts · Saved source text
ZB03-22-18
Saved text from 1 of 12 source pages. Transcription and OCR may contain errors; verify figures and wording against the original.
Source page 1
Iowa of Tantnu, . assar4usrtts ZONING BOARD OF APPEALS MEMORIAL HALL 801 WASHINGTON STREET CANTON, MA 02021 TEL: (781) 575-6589 FAX: (781) 575-6574 Minutes of the meeting of March 22, 2018 PRESENT: Gregory L. Pando, Vice Chairman Gary E. Vinciguerra John R. McCourt Charles J. Armando Also Present: Tamra Stock, Recording Secretary Not Present: Paul B. Carroll, Chairman Meeting Held in the Salah Hearing Room, 2nd floor, 801 Washington Street, Canton, MA Acting Chairman Pando opened the meeting at 7:00 pm and reads the agenda. Armando Petruzziello/Robert M. Mason — 225 Turnpike Street—11-18-SP-V Chairman Gregory Pando explains to the residents in the hall how this hearing is going to work and when they will get the chance to speak. Chairman Pando opens the hearing and reads the petition. Chairman Pando confirms the Board has received a complete application from the petitioner and a certified list of abutters from the Canton Board of Assessor's. Chairman Pando opens the hearing up to the petitioner. Attorney Gabriel Dym and Attorney Robert Levy from Eckert Seamans are representing the petitioner. Attorney Dym states his clients have the opportunity to purchase the property at 225 Turnpike Street from Baystate Realty Trust. They would like to own a Medically Monitored Inpatient Detoxification Facility (MMID). Attorney Dym states Mr. Jack Maroney is also with them tonight who is the proposed operator of the facility. If there are any questions for the facility and the way it works he will be able to answer those questions. Attorney Dym explains this property is located in a Business and Single Residence `B' district. Section 2.5 in the Town of Canton Zoning By -Laws states if the property is split between two zones you get to use the less restrictive zone. Attorney Dym states the proposed facility has the footprint entirely in the Business district. On December 15, 2017 another Attorney, Paul Schneiders who also represents the petitioner sent a letter to the Building Commissioner, Mr. Ed Walsh and asked for a narrow interpretation if the MMID facility would fit into the definition of a nursing or convalescent home. Attorney Dym states the Building Commissioner responded on December 27, 2017 and states it did not fit into the definition. He stated the two definitions are inconsistent. We in turn filed an appeal on January 22, 2018. Attorney Dym states it is abundtly clear what is before the Board is whether or not the Building Commissioner is correct. Or if the Board should overturn his decision. Attorney Dym states an MMID is a creature of regulation in Massachusetts. It is important because a lot of the terms that are not defined in the By -Laws such as sleeping rooms and meals. They are defined by the legislature. These are the regs that were cited in the letter. 105 CMR Section 164 so this isn't a question of leaning on the dictionary for these terms although they are willing to do that as well. When the By -Law speaks to a sleeping room or a meal we can look into the CMR to see what that means. Chairman