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MEETING: Planning Board
DATE:
April 29, 2008 - 06:30 PM |
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Minutes
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Minutes of April 29, 2008
Public Hearing Special Permit – William & Cheryl Jobbins, 579 Prospect Street
Chair, Thomas Morrissette advised the applicants that only four members of the Board were present and all four of them would have to approve their application in order that it be approved. He told them that they had the opportunity waive or postpone the public hearing before it is opened or go forward with only four members. The applicants chose to go forward with the hearing,
Mr. Morrissette then opened the public hearing. Clerk, George Kingston read the legal notice into the record and Mr. Morrissette introduced the Board.
Rich Gale, representative from R.E. LaPlante Construction explained that the proposed 175 square foot addition to the existing dormer is to open the house up and to update it as it is exists today. He further stated that a Special Permit Section 6 finding was required as the structure was a pre-existing non-conforming structure in that it did not meet the sideyard setback requirements. He added that the addition would not cause any new zoning setback violations.
Mr. Przybylowicz asked what the additional space on the first floor would be used for? Mr. Gale said that it will be a powder room, laundry room and entryway from the back of the house - to gain access to the second floor and to open up the kitchen. He said that the existing wood deck will be removed and pavers will be installed as a patio.
Mr. Morrissette said the existing home has a setback of 13 feet from the sidelot line and the addition is going to be 15 feet which is 2 feet further, however, still non-conforming.
Mr. Punderson asked if the neighbor between Buckley’s and the applicants’ house had a problem with the addition? Mr. Gale said that he cannot speak on behalf of them but they have lived there many years and are very good neighbors.
Mr. Morrissette addressed the audience for any questions, there being none and upon motion duly made and seconded, the Board voted unanimously (4-0) to close the hearing. Upon motion duly made and seconded, the Board voted unanimously (4-0) to approve the Special Permit section 6 as it was determined not to be more detrimental to the neighborhood. Mr. Morrissette advised Mr. Gale that there would be a twenty (20) day appeal period prior to the building permit being issued.
Request for Waiver of Site Plan Review – DeNardo’s Pizzeria, 39 Maple Street
Mr. Kingston read a letter from Salvatore DeNardo requesting a Waiver of Site Plan Review to allow service to their outside patio by removing a window and replacing it with a door to allow for access to the patio. Upon motion duly made and seconded, the Board voted (4-0) to approve the Waiver of Site Plan allowing the existing window to be changed out to a door to the outside seating area at 39 Maple Street - conditioned upon approval from the Board of Selectmen for of an extension to their alcoholic license to include the outside seating if any alcoholic beverages are to be served outside and upon the Building Inspector granting a building permit.
Sylvan Learning Center Signage
The Board reviewed the signage submitted by Sylvan Learning Center at 444 B North Main Street, and upon motion duly made and seconded, voted unanimously (4-0) to approve the sign measuring 21.3 square feet conditioned upon applying and obtaining a sign permit from the Building Inspector. Upon motion duly made and seconded, the Board also unanimously voted (4-0) to allow a temporary sign measuring the same size as the permanent one for 60 days.
Request for Waiver of Site Plan Review – Michael & Frances Fitzgerald, 74 Rural Lane
Mr. Kingston read a request for Waiver of Site Plan from Michael & Frances Fitzgerald of 74 Rural Lane for Fran’s Embroidery & More to offer custom embroidery, alterations and computer projects. There will be no retail operation, no customers at the site, orders will be taken over the phone and then delivered. Hours of operation will be from Sunday to Saturday, 7:00 a.m. to 5:00 p.m. with no employees other than the owner. After review and upon motion duly made and seconded the Board voted unanimously (4-0) to approve the Waiver of Site Plan conditioned upon the fact that there will be no manufacturing performed on or signage put at the site.
Request for Waiver of Site Plan Review – Joseph Douglas, 6 Burt Avenue
Mr. Kingston read a request for Waiver of Site Plan from Joseph Douglas of 6 Burt Avenue to operate an office for his construction business with no equipment or large tools on the site. Hours of operation will be from 7:00 a.m. to 6:00 p.m. and no additional employees other than himself. Upon motion duly made and seconded, the Board agreed to ask the applicant to come in and meet with them for further clarification of the proposed business.
Release of Subdivision Bond – Ramona’s Way
Ms. Macdonald informed the Board that they approved a release of bond a few months ago however the developer never presented the bond. Mr. Sufretti is looking to provide the cash bond and has asked that a release of covenant be endorsed again. Ms. Macdonald advised that the town will be holding Seventy One Thousand Two Hundred Two and 00/100 Dollars ($71,202.00). Upon motion duly made and seconded, the Board approved the release of covenant in lieu of bond for Ramona’s Way.
Miscellaneous
Ms. Macdonald told the Board that every year she files their signatures with the Land Court recorder advising who can endorse ANR’s and she asked that the new members provide their signatures to be placed on file.
Ms. Macdonald advised the Board of a “benefits fair” for all town employees to be held on April 30th.
Temporary Signage – First Baptist Church, 50 Parker Street
The Board reviewed the temporary signage submitted by the First Baptist Church, 50 Parker Street, and upon motion duly made and seconded, voted unanimously (4-0) to allow for a temporary sign at 50 Parker Street for two weeks to advertise the church fair.
Continuation of Public Hearing – First Baptist Church
Chair, Thomas Morrissette opened the continuance of the public hearing for First Baptist Church and introduced the Board. Clerk, George Kingston read the correspondence into the record.
Franklin Miorandi, DPW wrote that after review of revised plans he found two required changes as follows:
• The Proposed 6” IPEX C900 fire service needed to be changed to ductile iron pipe, and;
• The proposed 3” copper water service needed to be changed to 2” copper or 4” ductile iron.
• The proposed installation of gas service along Parker Street requires approval by the DPW.
• The proposed drainage dry wells for the roof run-off are approved as shown.
The Fire Department required the following:
• The gravel access service road & fire and must be constructed to support the weight and size of fire apparatus.
• The gravel access service road & fire and must be kept clear at all times. All building exits, egress sidewalks and egress stairs must be kept clear of snow at all times or whenever the building occupied.
• The building must be equipped with fire sprinklers as required per the Mass Building Code and NFPA 13.The building must be equipped with a fire protective signaling system and automatic fire detection system as per Mass Building Code and NFPA 72.
• The fire department connection for the sprinkler system shall be installed as shown on the site plan dated 4/23/08 and must be a 4” Stortz connection.
• The dumpster must be located at least 15’ from the building, landing or overhang.
• Two gates be installed to prevent vehicles from parking along the gravel access service road & fire lane for various sport events on the rear field
Ms. Macdonald said that the reports were based on the preliminary review of 4/22/08 and a new plan has been filed at this meeting and another is anticipated. As a result, all these departments will need to re-review the new plans and prepare another report for the Board.
Tyde Richards said that they filed a new plan and there are some revisions that are minor and the Fire & Police have received their copies. He said he doubts they are going to have any significance on anything that is being reviewed and gave the Board the revised plans. Mr. Morrissette said that Police Department is waiting for the new plans to make their report and the Board needs a report from them to move forward - but they could show the Board what they are planning on doing and at least get a start on the hearing.
Mark Reed from Heritage Surveys said that the project was before the Planning Board in 2002 for a more comprehensive site plan review that not only included the Fellowship Hall but also a new church facility with additional parking on the site. He said that the church has decided to make a modification in their application and under the first phase only construct the Fellowship Hall. Mr. Reed said the office which is now a house is going to be removed in the back of the parking lot and the existing office building will be raised to facilitate the new construction of the Fellowship Hall as shown on the plan.
Mr. Reed said that there are three existing curb cuts along Parker Street, one on the northerly end of the property which was under the first phase and an access drive that goes into the older parking area and then back out to another driveway on the south side of the property. He said that there is no change in any of the curb cuts or parking - that back in 2002 the Fire Department requested an access drive be constructed for fire protection around the facility and to extend the road so that it would loop back over to the northerly entrance drive. Mr. Reed continued to say that the ball fields that currently exist in the back would be reconfigured to fit the new location of the Fellowship Hall by moving the field back on the property. Mr. Reed said that the roof runoff will be collected through down spouts and piping and the northerly half will be directed to dry wells in a swale system with the southerly section connected into two dry wells.
He added that during heavy storm events this would allow the water to sheet flow through a shallow water quality swale to a small detention area at the rear of the property - all of the stormwater is being handled on site and infiltrated back into the ground from the building itself. He said the proposed water service for domestic and fire protection comes from the northerly side of the building and currently there is no gas on Parker Street – that there have been discussions with Bay State Gas to extend the gas service from Meadowbrook. He said that they are proposing six “fire lane no parking” signs along the gravel roadway, and the church has made a commitment to make sure that people park in the paved parking area during games and the gravel roadway will be constructed to handle the weight of fire trucks and the roadway would be kept open for emergency use only.
Mr. Morrissette asked what was in the corner back area of the property? Mr. Reed said that it is all wooded and will remain woods. Mr. Morrissette asked what the new building will be used for? Mr. Reed said a combination of the Fellowship Hall with a gymnasium in the middle of it and offices and classrooms around each side. Mr. Punderson asked where they were planning on relocating the new church in the next phase. Mr. Reed referred to the plan to show the location.
Mr. Kingston asked if the playing fields were lit and if there was any exterior lighting on the Fellowship Hall? Mr. Reed said no the fields were not lit, however, there is going to be lighting at each door entrance - those changes were on the revised pages of the plan. Mr. Morrissette asked if the plans were a complete revised set? Mr. Richards said that he submitted a complete set on to the Fire & Police on Saturday however, this was a new set that has minor revisions that the architect missed on the other plans. Mr. Morrissette said that the Board has to make sure the plan they are going to approve is the plan that has all the revisions in them and that those revisions have been reviewed by the other departments. He said that each department cannot have a different set of plans, that is why they are supposed to be submitted to the board first and then be distributed so that everybody has the same complete set.
Mr. Punderson asked if the graveled fire lane around the building would be used for pick up or drop off for children playing sports? Mr. Richards said no that is the purpose of having the gates – to prevent that. Mr. Punderson said that he is just trying to address a concern of the Fire Department because he can see people driving up to leave children off at the playing field and using the gravel road. He thinks that a gate with a lock box would be good in order to make sure that the roadway is not used. Mr. Richards said the only issue they are going to have is that the dumpster is in the back and periodically the dumpster company is going to need to maintain the dumpster. Mr. Punderson said a key pad could be used and Mr. Richards said whatever is reasonable they would be more than happy to do.
Mr. Przybylowicz asked in the round table discussions were there any concerns that Police Department mentioned but have not put in writing? Mr. Reed said the only concern that they had was signage and lighting. Mr. Przybylowicz asked if the classrooms in the Fellowship Hall are used only for bible study? Mr. Richards said that currently there is a school on the property that goes through grade 8 and right now they are meeting in the basement of the church and it is the intent to get those classes out of the basement into an actual classroom. Mr. Morrissette asked if they were going to continue to 8th grade or do they have any plans to extend to high school? Mr. Richards said no that there has been a decrease in enrollment to the point that economically it is not feasible to go beyond grade 8.
Mr. Morrissette addressed the audience for any questions.
Reanne Burke, 32 Parker Street said that she abuts the property and asked how close the access road is to her property? Mr. Reed said that the Fellowship Hall is 41 feet off the property line and the access road is 5 feet at the closet point from the back portion of the property line. Ms. Burke asked if there are plans to put any kind of privacy edging along the property line? Mr. Reed said that there is an existing stockade fence and a hedgerow all the way back to the paved area. Mr. Kingston asked what type of vegetation they were proposing? Mr. Reed said green arborvitae row or something that creates a good buffer - a shrub row to be installed along the side to act as a buffer along Ms. Burke’s property and a stockade fence that goes about ¾ of the depth of her property. Mr. Morrissette said that the landscaping plan would have to be approved with the current plan because it is not shown of the first plan.
Mr. Kingston said that he would prefer to see a more specific plan for that, naming the species they are going to use and the spacing of same. Ms. Macdonald asked if there was a landscape plan included? Mr. Reed said that there is one for the front of the building but not for the whole site. Mr. Morrissette said typically with a site plan a landscape plan is included that shows what is going to be in there so we make sure any trees to be cut down are identified. He asked if there was any potential to extend the line of shrubs to the end of Ms. Burke’s property? Mr. Reed said that they could do that.
Mr. Morrissette said that the regulations require that any type of church facility that abuts a residential district has to have a 20 foot landscaped buffer zone and it does not look like they are going to have that. He said the parking lot was existing so there is nothing that can done about that. Mr. Reed said that the fire access road was added at the request of the Fire Department. Mr. Morrissette said they may be able to make some adjustments for that but the requirement is for a 20 foot landscaped buffer abutting any residential district.
Ed Costa, as a member of the church building committee said there is nothing they will not do to make the project meet approval. He said they put up a gate providing access for emergency only - that there is an existing tree line around the entire site and the property is surrounded by existing woods on the south side – would that be adequate as far as the Board was concerned? Mr. Morrissette asked if there was any potential for moving the building 20 feet North? Mr. Reed said that it would create a problem with access to the building as it will be built behind the existing church and overall it will be 208 feet long by 110 feet wide. Mr. Morrissette said moving it 20 feet would make it 80 feet behind the church. Mr. Reed said they were looking at the master plan and trying to keep a 41 foot separation to the property line.
Ms. Burke asked if there will be any night activity? Mr. Morrissette said the Board was going to get to that and asked if someone could address what type of daily activities (the uses) and time frames they are looking at? Mr. Richards said Sunday mornings, occasionally Sunday night, Wednesday night is held for youth night which goes to somewhere between 8:00 – 8:30 p.m., occasionally there may be some special events. He explained that the rooms were designed to be used for classrooms for the school for daily use. Mr. Morrissette asked if there was any kind of dinners or fundraisers anticipated to be held at night? Mr. Richards said they do not have much of that but they do have a kitchen if they wanted to do that.
Mr. Costa said he does pledge to work with the neighbors whether they want green shrubbery or an extension of the stockade fence and they will make sure that the neighbors are happy.
Mr. Morrissette asked if the existing fence is closer then the line of shrubs that is proposed? Mr. Costa said the fence is further from the property line. Mr. Morrissette said so the shrubs are actually closer to Ms. Burke’s property, Mr. Costa said yes.
Barbara Martino, 58 Meadowbrook Road asked about the drainage system as in the past she has had flooding in her basement? Mr. Morrissette said the drainage was addressed before she arrived that evening and was approved by the DPW with no changes to it.
Ms. Burke said that chain saws were started at 6:45 a.m. and asked if the activity could start maybe at 8:00 a.m. Mr. Morrissette said that the town by-law is 7:00 a.m. and they will make sure that the tree people are aware of that.
Mr. Morrissette addressed the Board for any further questions.
Mr. Przybylowicz said that the Board still needs a revised plan showing the new location of the dumpster, the Police still have to comment on the plan, and the Board needs to see the improvements addressing the residents’ concerns regarding that property.
Mr. Kingston asked where the dumpster was originally before the access road? Mr. Reed said that there was always an access road but it just did not continue to wrap around the property - the dumpster was always in the back of the building. Mr. Kingston asked what the total square footage of disturbance of the site will be during construction? He also stated that he would like to see NPDES standards used during construction. Mr. Reed said that they will have to file a SWP once a contractor is selected with EPA who will control that.
Mr. Morrissette asked what the stairs in the back of the building with sidewalks on both sides were for? Mr. Reed said that it is a platform on the first floor for fire access and there is grade transition from the finish floor of the building to the rear of the property for fire access and a landing to go down the stairs. Mr. Morrissette asked if there was a change made to the stairs because on his plan the stairs went the other way? Mr. Reed said those were changes based on the new plans. Mr. Morrissette said that they also need to exit on some kind of hard surface whether it is concrete or pavement and there is no hard surface shown on the plan.
With no further discussion the board continued the hearing to May 13th at 6:30 pending updated reports based on the revised plans.
Request for Waiver of Site Plan Review – Shaker Bowl
Mr. Kingston read a letter from Steve Manning regarding Shaker Bowl, 168 Shaker Road requesting an expansion of hours of service. In his letter he explained that the service and consumption of alcoholic beverages will continue to be limited to the 15’ x 150’ foot area at the rear of the premises. Hours would be Sunday, 1:00 p.m. to 12:00 a.m., Monday - Thursday, 4:00 p.m. to 12:00 a.m., Friday, 4:00 p.m. to 1:00 a.m. and Saturday, 1:00 p.m. to 1:00 a.m.
Upon motion duly made and seconded, the Board voted unanimously (4-0) to approve the Waiver of Site Plan to expand its hours of operation as follows:
Sunday 1:00 p.m. to 12:00 a.m.
Monday – Thursday 4:00 p.m. to 12:00 a.m.
Friday 4:00 p.m. to 1:00 a.m.
Saturday 1:00 p.m. to 1:00 a.m.
The Waiver is conditioned upon the applicant appearing before the Board of Selectmen and having the Common Victualer/Wine and Malt Beverages license amended with the rest of the operation will remain the same.
Miscellaneous
Ms. Macdonald asked the Board members if they were interested in pursuing the adoption of Chapter 40R and conducting a housing survey. She said Mr. LeFebvre has asked whether or not the Board would be interested in looking at ways to allow construction of affordable apartments for 55+ at the Community Feed site. Mr. Przybylowicz said that there has always been an expressed need for the 55 + housing and thinks it might be a valid project. Mr. Punderson asked if he made any mention to what other avenues if any he might pursue? Ms. Macdonald reminded the Board that it is zoned industrial and practically anything can be constructed in that district. Mr. Punderson said that he thinks that use would be something that he would entertain and people would be able to access the center of town easier. Mr. Kingston said that he needs to know more about 40R but to shift the center of town away from industrial makes sense and adding more retail would create more problems then we already have. Mr. Morrissette said that his option also echoes the rest of the Board, he thinks it is a good use for the property and a good option for the community.
He continued by stating that they have seen other plans for the property that really jam the property up and it has to be planned well and developed properly and there would be a lot of steps to go through but worth discussing. Mr. Morrissette said even though the board may support it would have to go to town meeting and it would be up to the town’s people to make a decision as to whether or not they want to accept it. He thinks that it is something to look at, that it would be a viable use for that property, if it’s done right. After further discussion the Board felt a housing survey was not needed.
Frigo’s
Ms. Macdonald asked the Board if they wanted a new site plan review for Frigo’s walk-in cooler? Mr. Punderson said that they have ample parking but the site plan is not the same as what is there. Ms. Macdonald said that they have proper access, egress and on the plan it also shows the dumpster on town property and showed the board pictures of where cars are parking and the plan has to reflect what was approved.
Upon motion duly made and seconded, unanimously (4-0) voted to approve the request for Waiver of Site Plan to install an outside walk-in freezer measuring 10’ x 10’ at the southwestern corner of the existing building at 159 Shaker Road according to the plan prepared by Smith Associates, dated April 10, 2008. A building permit must be obtained from the Building Inspector prior to any construction at the site.
The parking lot at the 159 Shaker Road must be constructed to the plan that was approved by the Planning Board in connection with the Site Plan and Special Permit. The dumpster is presently sitting on town property and must be moved to the location as shown on the approved plan. The striping and repositioning of the dumpster must be done within the next forty-five days.
May 8th mock presentation for ELCAT
The members discussed the presentation for ELCAT in anticipation of town meeting. Mr. Morrissette said that he will do the street takings. Mr. Punderson will be there representing the Community Preservation Commission. Mr. Morrissette said items
that have to be presented will be two street takings, presentation for the by-law for the Home Based Business, presentation change to the language for the accessory building to allow a business use, language changing the accessory structure to be within 5 feet of the side and rear as long it is 10 feet behind the main structure, non-conforming lots that have the ability to make themselves conforming and adherence to Chapter 40A section 6.
Mr. Przybylowicz will present the street takings. Mr. Morrissette said that he assumed that he and Don Anderson would be presenting the Home Based Business article. Mr. Punderson will present the accessory article. Mr. Morrissette said that the language change will only be if the Home Based article passes so he will do that one also. Mr. Anderson will do the non-conforming lot article and the other part of that is they need to mirror Chapter 40A and we want to make sure they are in compliance. Mr. Morrissette said one thing he may ask Mr. Kingston to do is to read the explanation he is preparing.
The Board reviewed the minutes of April 1, 2008 and upon motion duly made and seconded, voted unanimously (4-0) to approve them, with edits.
There being no further business, and upon motion duly made and seconded, the Board voted unanimously to close the meeting at 9:30 p.m.
For the Board,
George C. Kingston, Clerk
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