Zoning Board of Appeals, February 27, 2014-RESERVE ON SALISBURY

TOWN OF HOLDEN

ZONING BOARD OF APPEALS

The Zoning Board of Appeals met on February 27, 2014 in the Town Hall to discuss the entrance signs at the Reserve on Salisbury located on Salisbury Street and Newell Road.

Members in attendance:  R. Spakauskas, S. Annunziata, R. Fraser, J. Deignan, R. Butler and F. Lonardo.

Dennis Lipka, Building Commissioner, informed the Board and those in attendance that on an annual basis the developer should report to the Zoning Board of Appeals on the progress of this project.  Also, after receiving some letters from a few of the neighbors concerned that the entrance signs were too large and in violation of the Town Zoning Bylaws, the Chairman agreed to place this as a discussion item tonight.

Mr. Scott Sundin addressed the Board.  He reported to the Board that five buildings along with a maintenance building and a clubhouse have been completed; they have one building left to finish.  He anticipated this should be done by the end of April.  To date,  90 units have been leased, and 10 out of 48 of the moderate income housing units are leased.  The process with the State is very lengthy.  By the end of the fall he expects 95% should be leased.  Landscaping has been completed at the Salisbury Street entrance and 90% of the landscaping is complete at the Newell Road entrance.  Buildings 4, 5 and 6 still need to the landscaped.  There are about 15 children living in the entire project.  

J. Deignan understood that 10 out of the 48 units are rented.  However, should they have difficulty renting the remaining units, would they need to lower the rent.

F. Lonardo asked about the outstanding items that Pam Harding, Town Planner, addressed in her email to Mr. Sundin in October 2013.  R. Spakauskas said he has spoken with P. Harding and she said almost everything has been resolved.   

D. Lipka addressed the issue of the sign.  Last summer he met with Mr. Sundin regarding the sign and the stonework around it.  Mr. Sundin had retained a design team and they felt that a two-sided sign would be counter productive.  The fact that this is a 40B project mitigated how this went forward.  In August, when they moved to construction, he brought a picture to the Board  and they had a brief discussion.

F. Lonardo remembered Mr. Lipka bringing several proposed plans for the sign to the Board at that time.  It was not made clear to him that it was already erected.  Mr. Lipka said it was not in place at that time.  He added that no one on the Board felt the sign was not acceptable.  

Mr. Sundin said these signs cost him $20,000 each.  Mr. Lipka said he had several discussions with the designer regarding possible signs.  Mr. Lipka explained that the stone walls are allowed and are not part of the sign.

James Robinson, 98 Newell Road, distributed pictures of the signs to the Board.  He said it was clearly stated in the decision by the Zoning Board that the sign is restricted to 20 sq. ft.  Four members of the Board have indicated in the past that they were not in favor of the sign.  In addition, a multi-colored 64 s.f. sign advertising its rental units has been put up and remained since last August.

In addition, he added that two other large projects in the area, such as Seasons of Salisbury and Westminster Village are complying with the sign requirement of the Town.  He asked that this sign be removed immediately.  He also asked that these pictures be made a part of the file on this project together with his letters of November 2013 and January 2014.  

Mr. Sundin said he had a temporary sign at the Seasons of Salisbury for 7 years.  

Mr. David Cyganski, 94 Newell Road, commented on the fact that there have been no meeting minutes done for the August 2013 Zoning Board of Appeals meeting.  Understanding the recording secretary was on vacation, he felt it was the responsibility of Mr. Lipka to have recorded the minutes.  He said Mr. Lipka is ‘overstepping his bounds in allowing this sign to be erected’.                 

F. Lonardo referenced P. Harding’s email dated 10/16/13 to Mr. Sundin, which clearly stated that a sign permit was required.  Mr. Sundin said he consulted Mr. Lipka, the person who handles sign permits, and was told one was not needed.

Mr. Robinson said he is greatly concerned with the issue of process; the Zoning Board had clearly put a restriction on their approval regarding the size of the sign and it was not adhered to.  Therefore, the burden should fall on the applicant.  

R. Spakauskas wanted to find out how the 40B regulations and the Town of Holden Bylaws affected each other.  

R. Fraser asked about future plans for vegetation around these signs.  Mr. Sundin said there would definitely be more landscaping.  

Gaye Robinson, 98 Newell Road, also commented on the sign saying the light on the sign is extremely bright and glaring.  This used to be a low-lit residential neighborhood.

The Chairman said he will arrange to meet with the Town Manager and Town Counsel to obtain a clearer ruling and will discuss this again at a future meeting.    

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                                                        Ronald E. Spakauskas, Chairman