April 1, 2015 Zoning Board meeting

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April 1, 2015 Zoning Board meeting

Postby Mary Wright » Sat May 16, 2015 10:50 am


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, April 1, 2015. Mr. Heney called the meeting to order at 7:03 PM in the Community Meeting Room.

PRESENT: Daniel Heney (Chairman), Pamela Holmes (Vice Chairman), John Bombara, Leonard Demers, Sean Holland, Michael Fitzpatrick (Alternate) and Maria Lajoie (Administrative Secretary)

7:03 PM ZBA CASE #2015-02, PUBLIC HEARING: ALFRED BENESCH & CO., 74 Main Street
Mr. Heney opened the public hearing. Hearing the case was Mr. Heney, Ms. Holmes, Mr. Demers, Mr. Fitzpatrick and Mr. Holland. Mr. Bombara participated in the discussion only. Mr. Heney presented the following statements: Police Chief Patrick Foley stated his concerns about the site lines of the drive-through on Rte. 16 and Riedell Road, the Highway Superintendent would like to see pole #73 relocated and would like “No Parking” signs along Main Street, and the Fire Chief requested the removal and relocation of the telephone pole in the middle of Riedell Road.
Russell Cyr, Engineer with Alfred Benesch & Co., Atty. Mark Lee representing New England Realty Ventures, LLC, and Jennifer Conley of Conley Associates joined the meeting. Mr. Cyr gave an overview of the site. The proposal is to construct a 5146 sq. ft. building to include a coffee shop, retail space and office space. There is a proposed two-way driveway off of Main Street and 37 parking spaces with two handicap spaces. The drive-through would be on the left of the building. Traffic could exit by Main Street or Riedell Road. They have provided a turn-off where a tractor trailer truck could park.
Ms. Conley next presented the traffic study. The study was started in February and traffic volumes were adjusted up 11% to an average month condition. She outlined how and when the traffic study was done and what calculations were used. She estimated that the average 25 second delay to exit Riedell Road would increase by 3 to 7 seconds during the three peak periods. Taking a left turn off the site would be a longer delay. There is a problem with solar glare at this location. They developed a concept for a left turn lane at the location so that cars can safely wait.
Mr. Heney read correspondence from Timothy Bonin, 9 Linden Street, who is opposed to the drive-through window because of safety and disruption of well-established traffic patterns. Mr. Heney read a letter from Ray Whitehead, 68 Old Farm Road, who stated that New England Realty Ventures, LLC also owns the Dunkin Donuts in his convenience store on 63 Main Street. He is concerned for the safety of the traffic during the morning commute crossing opposing traffic while attempting to access a drive-through window on the west bound side of the road. He does not see a public benefit to this drive-through window.
Mr. Demers finds it difficult to make a left out of Glen Street to go to the transfer station. On Saturday mornings, the peak hours are between 8 AM and 10 AM. Ms. Conley suggested that Glen Street should be investigated for its site lines and stated that Glen Street is not connected to this project. Mr. Demers argued that the site would increase traffic coming down the hill. Atty. Lee stated that the landowner cannot make improvements 0.2 miles up the road. Ms. Conley argued that any type of project on the site would increase traffic and to mitigate the impact, they are addressing the safety concern at the site by widening the road and establishing a left turn lane. Ms. Conley feels there is plenty of queuing space before traffic would back up on Main Street.
Mr. Bombara would like the driveway exit to be staked out and have the ZBA do a site walk. Ms. Conley agreed.
Adelle Reynolds, Building Commissioner outlined the ZBA’s jurisdiction. Mr. Demers would like to see a traffic study done on a Saturday morning from 7 AM to 11 AM. Ms. Holmes would like to see a traffic study done in the summer.
Wayne Clayborne, 36 Walnut Street asked if this project would delay fire response times. Ms. Conley said it wasn’t specifically studied, however the left turn lane would pull anyone who would impede an emergency vehicle out of the travel lane. Mr. Heney will ask the Fire Chief to comment on response times.
Mr. Whitehead had a question about the use of a 50% drive-through traffic rate during peak hours. Ms. Conley stated that 50% is the pass-by rate industry standard for a fast food restaurant with a drive-through window. The pass-by-rate for a Dunkin is more like 80%. She stated that a Dunkin Donuts without a drive through generates 20% less traffic. Mr. Whitehead stated that Riedell Road traffic is backed up 8-12 cars during peak hours.
Alisa Place, 81 Main Street stated that she is opposed to the drive-through. She has problems with the solar glare as she is pulling into her own driveway. At 7 AM the school bus takes five minutes to come off of Riedell to pick up her children. There have been two accidents in front of her house since 2011.
Ann Marie Cuthbertson, 18 Downs Road stated that she is petrified to drive down Main Street, especially in the summer.
John Bourque, 88 Main Street is concerned with congestion and safety. He feels this plan is a major mistake. There is an entrance and exit off Main Street, an entrance and exit off Riedell, and they are planning on stacking cars on Main Street knowing there is a solar glare. Atty. Lee stated that they are taking cars out of the traffic lane. Part of the plan calls for the widening of Main Street. The turning lane will be striping only, no island or curbing. Mr. Bourque outlined his concerns on the plan. He suggested installing a light.
Travis McLaughlin, 149 Wallum Lake Road, also likes the idea of a light and one for the fire trucks. He is concerned about traffic making a left going east and entering into the passing lane. He wanted to know what the average number of accidents was. Ms. Conley reiterated that they were not interested in putting in a left a turning lane until it came to them from the Town Engineer. They are meeting with the Safety Committee tomorrow to discuss this issue. Mr. Fitzpatrick would like to see the correspondence from the Town Engineer. The Planning Board meeting was continued until April 14, 2015.
Tom Bridge of 195 Yew Street asked who pays for widening the road and moving telephone poles. The Board answered that the developer pays for it.
Jerry Kucala, 32 Downs Road would like to see a traffic study done in the summer months.
Mr. Heney invited the concerned citizens to attend the Planning Board meeting.
Atty. Lee wanted to know if there were any issues with the parking on the site, traffic within the site and the drive-through. Jurisdiction of the ZBA and Planning Board was discussed,
Mr. Holland made a motion to close the public hearing, ZBA Case #2015-02, Alfred Benesch & Co., 74 Main Street. Ms. Holmes seconded the motion. Vote: Unanimous.
Mr. Holland made a motion to approve the Special Permit for ZBA Case #2015-02, Alfred Benesch & Co., 74 Main Street as described in the application and further supplemented by the materials presented at the hearing, i.e. the full-sized board with color markings. Ms. Holmes seconded the motion. Vote: Aye-0, No-5.

8:05 PM ZBA CASE #2015-03, PUBLIC HEARING: BRANDY BARNES, 28 Riedell Road
Mr. Heney recused himself. Ms. Holmes opened the public meeting. Dr. Barnes joined the meeting. Ms. Holmes, Mr. Holland, Mr. Demers, Mr. Fitzpatrick and Mr. Bombara heard the case. Dr. Barnes would like to start an animal hospital in Douglas. The property would not be used as a kennel, but animals might stay overnight inside the building. Her hours may be 8 AM – 6 PM Monday through Friday and 8 AM to noon or 1 PM on Saturdays to start. She may extend her Saturday hours to 4 PM. She has found a location, however a veterinary hospital is not listed as a use in the commercial area. It is allowed under the dimensional requirements, but not under the use. Atty. Jay Talerman stated that the more restrictive of the bylaws controls in a conflict, and therefore the applicant would require a variance.
Dan Heney, property owner of 28 Riedell Road, stated that there are 30 paved parking spaces at the location. Adelle Reynolds, Building Commissioner, presented a site plan.
Mr. Demers made a motion to close the public hearing, ZBA Case #2015-03, Brandy Barnes, 28 Riedell Road. Mr. Bombara seconded the motion. Vote: Unanimous.
Mr. Demers made a motion to grant a use variance for ZBA Case #2015-03, Brandy Barnes, 28 Riedell Road. Mr. Bombara seconded the motion. Vote: Unanimous

1. Zoning Workshop with Town Counsel. Mr. Heney rejoined the meeting and resumed as Chairman. Atty. Jay Talerman joined the meeting. He educated the ZBA on exemptions. He distributed a zoning cheat sheet with timelines and general information. He reviewed and explained Section 3 of Chapter 40 A. A lengthy presentation and discussion was held. It was suggested that Atty. Talerman’s next workshop be a presentation on Special Permits.
2. MINUTES: March 4, 2015
Approval of the March 4, 2015 Zoning Board of Appeals meeting minutes was deferred to the next meeting.

Mr. Demers made a motion to adjourn the meeting at 9:39 PM. Mr. Bombara seconded the motion. Vote: Unanimous.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 609
Joined: Thu Jan 12, 2012 8:56 pm

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