ZBA Minutes

Brimfield Zoning Board of Appeals 

Minutes, Wednesday, June 26, 2019  

The Continuation of Hearing for Cumberland Farms regarding the property at 6 Wales Rd., Brimfield, Owners Jonas E. Noble and Trisha Noble, Parcel ID Map 13A Block A Lot 14, began at 7 PM. The applicant requested the Board to make a determination as to whether a reduction in the size of the already nonconforming lot would be detrimental to the neighborhood. In attendance were Don Damon, Kevin Moore, Kim Adams, and Pam Engberg and Debra Fagerstrom for the ZBA; Philip Lombardo, attorney/representative for Cumberland Farms; also abutters Lori Meyers and Wayne Phaneuf and Robert and Charlotte Corry, Mark Connors from the Historical Commission, Michele-Lee Shea and Ryan Olszta from the Selectboard, and Carol Plotnik from the Conservation Commission. 

Mr. Lombardo was questioned as to why Cumberland Farms would abandon the project if the transfer was denied. He replied that there was a concern of the Board members of Cumberland Farms regarding the setback. The planned building would be too close (less than 40 feet) to the property line. They had requested a variance to allow this, which was denied; however, the issuance of the Special Permit allowed it. The concern of the board was that a special permit was not sufficient to their needs. The purchase of the property and addition of it to the CF property would provide an adequate setback. 

Mr. Leaming reported on his research regarding the legality of making a non-conforming lot more non-conforming. He did not name the people he consulted but said they were not lawyers. 1He said that they referred to the MGL Subdivision Control Laws, which they felt prohibited the action. [MGL citation and/or explanation needed - and he said something about setting a precedent] Mr. Leaming, who was not a ZBA member at the time but a resident of Brimfield, explained that the subdivision control law he stumbled upon, shows no exemption can be made for what Mr. Lombardo is trying to do, and the main reason for not extending an exemption is that it would make the lot more non-conforming. The board did grant extension for a special permit but Mr. Lombardo was asking for more than that.  The board did everything it was legally allowed to do. 

Mr. Lombardo's rebuttal was that the proposal was not creating a subdivision but simply moving lot lines. The questions to be addressed were can they make one lot more non-conforming and another less so, and whether doing so was detrimental to the neighborhood. [MGL citation and/or explanation needed] 

Mark Connors, Historical Commission co-chair, spoke. He said that they had worked with Cumberaldn Farms regarding the appearance of the building and had found them at all times extremely cooperative, and the Commission was extremely happy with the final design. The Commission hopes that we will approve as the old building is unattractive and detracts from the appearance of the neighborhood. He also mentioned the "blighted buildings" which will be removed if the project goes through. Bob Corry (8 Brookfield Road) concurred, stated that CF had been "an outstanding corporate neighbor" in adopting suggestions to modify the plan to improve the new building's appearance, and also expressed concern about the "blighted buildings." 

Wayne Phaneuf, North Main Street, said that the blighted buildings could be saved and asked why no one was taking care of them. Board member Mr. Moore, speaking as a realtor, stated that the buildings in question were beyond repair. 

Michele-Lee Shea commented that when Mr. Leaming said if the property line changes were approved the ZBA would be setting precedent, the ZBA already has set precedents since it approves line changes all the time, and has done so on other properties.  

Carol Plotnik, Conservation Commission, had a question about Cumberland Farms' plan for the wetlands. Mr. Lombardo referred to the plan that had been presented to the Conservation Commission and to the several meetings CF had already had with them. He said that to his knowledge there was nothing in the plan about filling in the wetlands. 

Mr. Damon brought the discussion back to the initial questions: Can the applicant legally move the boundary and is it detrimental to the neighborhood. [He said something then about the Planning Board - perhaps that it was their decision?]. Mr. Lombardo reiterated that the Planning Board could not make the decision and referred him to the ZBA to do so.  

Mr. Moore said that the ZBA should consult with the town council. It was decided to continue the hearing while counsel was being consulted. Mr. Moore motioned that the hearing be continued to the 17th of July at 7 PM. Mr. Damon seconded. Mr. Moore, Mr. Damon, Ms Adams each voted yes; the motion passed 3-0. The hearing was closed at 8:10 PM. 

The Business meeting was opened at 8:15 PM. The minutes were reviwed and several corrections were made. Mr. Moore motioned that the minutes be accepted as amended, Mr. Damon seconded;  Mr. Moore, Mr. Damon, Ms Adams each voted yes; the motion passed 3-0. 

Accounts payable was signed. 

Ms. Fagerstrom and Ms. Engberg agreed to meet Monday, July 1, at 10 AM to review the clerk's procedures for a turnover.  

The vote to adjourn was proposed by Mr. Damon, seconded by Mr. Moore; Ms. Adams, Mr. Moore, Mr. Damon each voted yes; the motion was passed 3-0. The Business meeting concluded at 8:20 PM. 

The third hearing, regarding the property at 3 Main Street, Parcel ID Map 13A Block A Lot 11 was opened at 8:30. Mr. Damon made a motion to continue the hearing to July 17. Mr. Moore seconded.  Mr. Moore, Mr. Damon, Ms Adams each voted yes; the motion passed 3-0. The meeting was adjourned at 8:35 PM. 

Respectfully Submitted 

Pamela Engberg 

ZBA Clerk