COMMONWEALTH OF MASSACHUSETTS CITY OF BROCKTON ZONING BOARD OF APPEALS

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1 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Wednesday, November 12, 2014, at 7:00 pm Petition of RONEN DRORY, 245 North Pearl Street, Brockton, MA, for a Modification of existing sign in a C 2 Zone, located at 245 NORTH PEARL STREET. The petitioner Ronen Drory along with Attorney John F. Creedon presented to the board Exhibit A, Picture of Proposed Sign and Exhibit B, Site Plan. Mr. Drory is before the board asking for a Special Permit so he could erect an LED sign stating the regular and diesel gas prices with a message center for products they only sell. The colors of the message board will regular in red, diesel in green and the message center in yellow. Mr. Drory stated that if he was granted all advertising sandwich boards and advertising animated props on the ground will be removed. Hours of operation are 5:30 a.m. until 11:30 p.m. seven (7) days per week. None. Granted unanimously with the stipulations 1. The LED sign message or color of display shall change no more that once every 30 seconds. The change shall be brief, instantaneous and shall not contain flashing, intermittent, or moving lights: or display animated, moving video or scrolling advertising. 2. Regular gas in the color red, diesel gas in the color green and the message center in the color of yellow and 3. All advertisement props on the grass are to be removed after the sign is erected. Petitioner requested a Special Permit add LED digital sign for as pricing and to add LED digital informational sign board to the existing freestanding yard sign located at 245 N. Pearl Street. Request was also made to change the color of the sign side stanchions to yellow color as shown on accompanying plan of the sign modification plan. The Board found that the proposed modification to the existing sign to LED lighting will be in harmony with the orderly development of the zone and will not negatively impact the surrounding neighborhood when operated in conformance with the stipulations stated by the Board and agreed to by the Petitioner. The LED sign message or color of display shall change no less that once thirty (30) seconds. The change shall be brief, instantaneous and shall not contain flashing, intermittent or moving lights or display animated, moving video or scrolling advertising. The sign shall be operated in conformance with standards enumerated within the City of Brockton Zoning Regulations governing the operation of Signs. In consideration of the granting of this Special Permit for the LED signs at this location, special consideration was given to the Petitioners statement and agreement that all portable signs, human life-like manikins and other forms of advertising will be immediately removed from the front and grass area along North Pearl Street. The color scheme of the proposed sign shall be as shown on the sign design plan-yellow, green and red.

2 ZBA# continued Gary Keith IN FAVOR: (5) Kenneth Galligan, Chairman Gary Keith Jeffrey Charnel Peter Marciano OPPOSED: (0)

3 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Wednesday, November 12, 2014, at 7:00 pm Petition of KINJAL REALTY LLC C/O JOHN E MCCLUSKEY, 932 Main Street, Brockton, MA for a Special Permit under Art. IV, Sec (a), for permission to sell beer and wine from the existing convenience store in a C 2 Zone, located at 380 NORTH MAIN STREET. Attorney John McCluskey along with Kinjal Patel presented to the board Exhibit A, Memorandum in Support, Exhibit B, Floor Plans and Exhibit C, Site Plan. Ms. Patel is before the board seeking permission to sell beer and wine in the existing convenience store. The size of the beer and wine section will be 1,500 sq.ft. The petitioner will have two (2) people on duty when beer and wine are being sold and will have a dividing device when the hours do not permit the selling of beer and wine. None Granted unanimously with the stipulations 1. No singles cans or bottles to be sold 2. A minimum of 2 employees are to be in store in the hours that the beer and wine are being sold and 3. The dividing device will be erected when beer and wine can t be sold. Petitioner requested a Special Permit to sell beer and wine at the current grocery/convenience store located at 380 North Main Street located within a C-2 Commercial Zone. The board found that the use will be in harmony with the orderly development of the zone and not negatively impact the neighborhood. There is adequate ingress and egress to the required parking and will not negatively impact traffic on the abutting streets. Hours of sale of beer and wine shall be regulated by guidelines and direction of the Brockton License Commission. There shall be no sale of single standard size beer containers such as single cans of beer, there shall be no less than two (2) sales persons on duty the store during hours of sale of beer and wine and all representations in the petitioner statements and stipulations shall be incorporated by reference as stipulations herewith. Peter Marciano Gary Keith IN FAVOR: (2) Kenneth Galligan, Chairman Gary Keith Jeffrey Charnel Peter Marciano OPPOSED: (0)

4 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Wednesday, November 12, 2014, at 7:00 pm Petition of MARK ROUKOUS C/O MCCLUSKEY, 932 Main Street, Brockton, MA, for a Variance from Art. III, Sec and 27 13A. Lot is buildable by right however there exists encroachments by three neighbors. Variance is to resolve existing line of occupation which currently create title problems in an R 1 B Zone, located at PLOT 2 SYDNEY AVENUE. The petitioner Mark Roukous along with Attorney John McCluskey presented to the board Exhibit A, Memorandum of Applicant and Exhibit B, Site Plan. Mr. Roukous is before the board seeking permission to convey square footage of Plot 2 Sydney Avenue to three (3) abutting neighbors on Digby Avenue. The previous owners did not have a problem with the land being used and with a new home being built at Plot 2 Sydney Avenue, Mr. Roukous would like the new home owners to have a clean deed and not to pay for land they are not using. None Granted unanimously Petitioner requested a Variance to resolve adjacent neighbors encroachment issues on Plot 2 Sydney Avenue. The Board found that the existing encroachment issues create a hardship on Plot 2 and if not resolved, the neighbors encroachments will be required to remove their possessions on Plot 2. It is the intent of the Petitioner to resolve the encroachment issue by conveying the encroaching area to the neighbors. The Board found that by correcting the encroachment issues and the reconfiguration of the locus will remedy and not derogate from the intent of the Zoning Ordinances, will not negatively impact he orderly development of the neighborhood and will result in one (1) buildable lot. IN FAVOR: (5) Kenneth Galligan, Chairman Gary Keith Jeffrey Charnel Peter Marciano OPPOSED: (0) Peter Maricano Gary Keith

5 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Wednesday, November 12, 2014, at 7:00 pm Petition of JOHN SWIFT C/O JOHN E. MCCLUSKEY, 932 Main Street, Brockton MA, for a Variance from Art. III, Sec 27 9 and Sec A, to construct three single family homes on existing lots of record in an R 1 C Zone, located at PLOTS 11 & 12 EAST UNION STREET AND PLOT 1 CURVE STREET. PETITIONER'S STATEMENT : Attorney John McCluskey, Bruce Malcolm, Land Surveyor and the petitioner Kristin Harriman presented to the board Exhibit A, Memorandum in Support, Exhibit B, Site Plan, and Exhibit C, Floor and Elevation Plans. They are before the board seeking permission to build three (3) single family homes. The homes will be constructed on the corner of Curve Street and East Union Street. Plot 1 Curve Street was a parking lot for the LeBaron Foundry. The homes will be New England Style Colonials. Councilor Paul Studenski is in favor. None Granted unanimously. Petitioner requested a Variance to construct three (3) single one (1) family homes on existing lots of record requesting relief from frontage, lot size and lot width. The Board found that a hardship exists due to drainage, topography and soil conditions. The lots in question are larger in area and dimension that most all of the other lots in the neighborhood and that granting of the Variance would not derogate from the intent of the zoning by-laws and will not negatively impact the orderly development of the neighborhood. There shall be one (1) single family dwelling constructed on each lot and all representations in petitioner statements and submitted plans shall be incorporated by stipulations recorded herewith. IN FAVOR: (5) Kenneth Galligan, Chairman Gary Keith Jeffrey Charnel Peter Marciano Peter Marciano OPPOSED: (0)

6 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Wednesday, November 12, 2014, at 7:00 pm Petition of STEVE TORREY C/O JOHN MCCLUSKEY, 932 Main Street, Brockton, MA for a Variance from Art. III, Sec (density) to divide the existing lot and to construct 30 townhouse style 2 bedroom residential units in an R 1 C Zone, at 1003 CRESCENT STREET. Withdrawn Petitioner withdrew in writing by letter to the Board from the submitted Variance hearing prior to the hearing. The Variance hearing was not held. IN FAVOR: (5) Kenneth Galligan, Chairman Gary Keith Jeffrey Charnel Peter Marciano OPPOSED: (0)

7 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Wednesday, November 12, 2014, at 7:00 pm Petition of TONY NGUYEN C/O JIM MORRISSEY, 115 Cypress Drive, Brockton, MA, for a Variance under Sec , to construct a residential (2 family) in a C 2 Zone, located at 748 NORTH MONTELLO STREET. Attorney John Cannavo along with the petitioner Kristin Harriman presented to the board Exhibit A, Site Plan and Exhibit B, Elevations and Drawings. They are before the board seeking permission to construct a two (2) family home in a C-2 Zone. The home will have driveways on each side of the home for both units. The original two (2) family home was demolished in The new home will be constructed on 7,109 sq. ft. of land and 65 frontage. None Granted unanimously. Petitioner requested a Variance to construct a two (2) family home on a currently vacant lot located at 748 North Montello Street. Board found that a hardship exists wherein the locus that is Zoned C-2 is completely surrounded by multifamily residential properties and the lot most likely will never be used as a C-2 location for commercial developments. Granting of a Variance would not derogate from the intent of the zoning by-laws and will not negatively impact the orderly development of the neighborhood. All representations in petitioners statements and submitted plans shall be incorporated by reference as stipulations recorded herewith. IN FAVOR: (5) Kenneth Galligan, Chairman Gary Keith Jeffrey Charnel Peter Marciano Jeffrey Charnel Peter Marciano OPPOSED: (0)

8 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010, at 7:00 pm. PETITIONER'S STATEMENT : Atty. Anthony Eonas, Chairman held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010, at 7:00 pm.

9 PETITIONER'S STATEMENT : Atty. Anthony Eonas, Chairman James M. Casieri, Cler held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on at 7:00 pm.

10 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm.

11 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm. DECISION : Motion to Deny by: OPPOSED: (2) held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm.

12 OPPOSED: (0) held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010, at 7:00 pm. PETITION.

13 OPPOSED: (0) held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010, at 7:00 pm. PETITION

14 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm. PETITION PETITIONER'S STATEMENT : Vahan S. Boyajian OPPOSED: (0) held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010, at 7:00 pm.

15 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm. PETITION NONE

16 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm. PETITIONER'S STATEMENT : Atty. Anthony Eonas, Chairman

17 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm. PETITIONER'S STATEMENT : Atty. Anthony Eonas, Chairman James M. Casieri, Cler held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on at 7:00 pm.

18 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm.

19 held a meeting in the Council Chambers, City Hall, Brockton, Massachusetts, on Tuesday, January 11, 2010 at 7:00 pm. DECISION : Motion to Deny by: OPPOSED: (2)

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