March 1, 2017 ZBA meeting

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March 1, 2017 ZBA meeting

Postby Mary Wright » Tue Jun 27, 2017 8:01 pm


A meeting of the Zoning Board of Appeals (ZBA) was held on Wednesday, March 1, 2017. Mr. Heney called the meeting to order at 7:02 PM in the Community Meeting Room.

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

Mr. Heney read the advertisement of the hearing. Mr. Heney recused himself and Ms. Holmes took over as Chairman. Voting on the case will be Mr. Holland, Mr. Demers, Ms. Holmes, Mr. Fitzpatrick and Mr. Tusino. John Petraglia joined the meeting. He wishes to build a small single family home next to the barn and keep the remaining parcel as a future building lot. The property abuts the state forest to the rear and is on the corner of Wallis and Cedar Streets. Mr. Petraglia does not have the option of changing the topography of his lot. He stated that the previous ZBA granted a variance. He plans to build on the nonconforming lot within the next year or so. The revised plan has been stamped by the surveyor. A discussion was held.
Dan Heney, 44 Shady Lane stated that in 2002, he had a Purchase and Sale to buy the property from the previous owners. The sale did not go through, and he sold his Purchase and Sale to Mr. Petraglia. Mr. Heney had the survey done and went before the ZBA in 2002. He stated that Mr. Petraglia knew the shape of the lot when he purchased it in 2006. Mr. Heney does not feel that Mr. Petraglia has a hardship. A discussion was held.
Mr. Holland asked Ms. Lajoie to see if there are meeting minutes from 2002 in regards to the variance.
Mr. Fitzpatrick made a motion to continue the public hearing, ZBA Case #2017-01 John Petraglia, 74 Wallis Street to April 5, 2017 at 7:00 PM. Mr. Holland seconded the motion. Vote: All-Aye.
Mr. Heney rejoined the meeting and took over as Chairman.

Mr. Heney read the advertisement of the hearing. Voting on the case will be Mr. Heney, Mr. Holland, Mr. Demers, Ms. Holmes, and Mr. Fitzpatrick; all members will participate in the discussion. Robert Cherrier, owner and President of Main Street Auto & Towing joined the meeting. He is seeking a modification of the special permit to Gilboa Properties, LLC to allow vehicles to be repaired for the public. Mr. Cherrier is fully licensed for waste removal.
Ms. Holmes pointed out that Appendix B needs to be fixed. She is concerned about the traffic sight lines and cars exiting. She asked if another driveway could be used.
Mr. Demers stated that the Building Commissioner stated that the applicant needs a special permit, but the bylaws do not say that he does. The 60-day business certificate expires today. It was the consensus of the ZBA to send a memo to the Building Commissioner to ask him to extend the business certificate.
Ms. Holmes made a motion to continue the public hearing, ZBA Case #2017-02 Main Street Auto & Towing, Inc., 120 Gilboa Street to April 5, 2017 at 7:15 PM. Mr. Demers seconded the motion. Vote: All-Aye.

Mr. Heney read the advertisement of the hearing. Voting on the case will be Mr. Heney, Mr. Holland, Mr. Demers, Ms. Holmes, and Mr. Fitzpatrick; all members will participate in the discussion. Present on behalf of the applicant were George Kiritsy, Esq., Mark T. Lee, Esq., Jennifer Conley, Traffic Engineer and Russell Cyr, Design Engineer with Alfred Benesch & Co.
The applicant has filed on behalf of New England Realty Ventures, LLC for a special permit for a drive through window on the site. The matter is pending appeal in Worcester Superior Court. The courts have remanded the case to the Board for reconsideration. Atty. Kiritsy described the location of the property. It has approximately 550 feet of frontage on Rte. 16. The site proposes access from both Main Street and Riedell.
Atty. Kiritsy reviewed the traffic study. Traffic was assessed at peak times with adjustments as required by MassDOT. The analysis showed that the proposed drive through would have no appreciable effect on the level of service on Main Street. Both travel ways produce an anticipated stack in excess of 15 lots, which means that the drive through is highly unlikely to produce a back-up on the main streets. The access and egress points are over 340’ from Riedell. There is over 1000’ of clear sight in both directions.
There is a concept plan for a turning lane so that vehicles turning east into the driveway would have a turning lane. Atty. Kiritsy reviewed the criteria in the bylaw. He reviewed “anticipated uses” and asked that the Board vote favorably on the application.
Mr. Holland asked to see a document that Atty. Kiritsy referred to that lists the accidents in the area over the past three years. Ms. Conley stated that she can produce a document for the Board. She had done a search for accidents occurring on Riedell and Brookside. There were only three accidents in the past three years. This report has not changed since the last submittal. Mr. Holland asked for a site distance report. Atty. Kiritsy reviewed the plan.
Mr. Heney asked if topography has been taken into consideration. Mr. Heney feels there is a minimum of 10’ difference in elevation from ? to Glen Street. Ms. Conley replied that the stopping site distances at Glen Street are probably not meeting the minimums, but that was not measured. However, stopping site distances from both distances is over 400’.
Atty. Kiritsy will encourage the Town to remove the pole that is currently in the middle of the road. He is also prepared to dedicate an easement to which the pole can be located. Mr. Tusino would like the pole to be removed to clear the area, especially for fire trucks. Mr. Demers described how the pole confuses the traffic flow. Atty. Kiritsy suggested that the applicant would propose an island around the pole and signage.
The distance from Riedell to the driveway is 430’. Mr. Fitzpatrick suggested a right turn only out onto Rte. 16 and then the left turn only lane would not be needed. Eastbound traffic would exit by Riedell. Ms. Conley was amenable. Mr. Demers would like to see a traffic study performed on a Saturday between 8:00 AM – 10:00 AM.
Mr. Holland would like to see the accident information on the roads for the past three years. Ms. Holmes would like to see that report extended to Glen Street. Ms. Conley agreed to provide the report to the Board. Mr. Heney would like the area directly across from Brookside staked.
Discussions were held regarding driving into the sun, the times and seasons the traffic study was done, and standards used for traffic studies.
Anne Marie Cuthbertson of 18 Downs Road stated that she is against the project due to the volume of traffic and safety concerns, especially during the summer. The sun is blinding. She stated that she would move out of Douglas if the project goes through.
Ray Whitehead of Old Farm Road and owner of Family Convenience Center takes exception to the traffic study. He feels that the study’s estimated 10%-20% increase of summer traffic is underestimated. He sees a traffic increase of 40% in the summer at his location. He also sees more accidents than have been reported.
Mr. Whitehead stated that on Dunkin Donuts’ website, site criteria strongly urges that sites be on the morning drive side of the road, which is where the Dunkin Donuts currently is. Crossing opposing traffic is hazardous.
Joe Bomba of 8 Crescent Lane feels that the whole area can really be a traffic nightmare. He is concerned that there would be a massive disruption in the area with fire trucks entering and exiting the fire department.
John Maguire of 31 Royal Crest Drive stated that he has seen far more than three accidents over the past three years in the area. He stated that the municipals are not required to report accidents. He reminded everyone how difficult it is to pull out of Depot Street at 7:00 AM. He feels the same situation will occur at this project site and traffic will back up.
Emily Kamper of 161 Southeast Main Street has noticed that the plan does not show the sharp turn before the end of Riedell. She stated that she has almost been hit many times at that location due to speeding traffic coming down Riedell and traffic backed up due to cars waiting to turn into the convenience store.
William of Southeast Main Street once owned Family Convenience Center. He has seen many accidents in front of the store. He stated that traffic often exceeds the 40 mph speed limit and traffic often backs up on Rte. 16.
Mr. Demers stated that letters have been received from concerned citizens, namely Tim Bonin of 9 Linden Street and Jeanne Venincasa of 27Wallis Street. The Fire Chief has expressed his concern about the pole’s hindrance to ambulance traffic.
Atty. Kiritsy stated that financial interests of competing business have no legal validity on the decision of the Board. Mr. Heney assured Atty. Kiritsy that financial interests of individuals have no bearing on any decision the ZBA makes.
Ms. Conley reviewed the items requested from the Board: a traffic count performed on a Saturday from 8:00 AM – 10:00 AM, crash data that she presented tonight on the past three years in memo form, and a copy of the original traffic study. Mr. Holland asked for any and all documents that support the applicant’s position. Atty. Lee asked if the Chairman would like the access on Main Street staked. Mr. Heney replied in the affirmative, if the access is directly across from Brookside Drive.
Mary Maguire of Royal Crest Drive stated that many fundraisers are held at the Fire Station and traffic is very busy. She is concerned about safety.
Mr. Fitzpatrick asked if a business with a drive through sees more traffic than a business without. Ms. Conley stated that Dunkin Donuts’ statistics show a 20% increase in sales in stores with a drive through vs. those without. Atty. Kiritsy stated that the store is not a destination and would not add to traffic that already travels the area.
Sam Skowronski of Downs Road asked if there is enough sight distance for a speeding vehicle coming from Riedell around the turn going down towards Main Street
to stop at the point entering the Dunkin Donuts. Mr. Heney asked for the distance from the proposed entrance on Riedell and the transfer station. He asked Ms. Conley to consider the topography. Ms. Conley agreed to provide the information.
Mr. Heney reminded the Board and the public that the Planning Board is responsible for site plan review, which is out of the ZBA’s jurisdiction. A discussion was held regarding site plan review and conditioning the special permit.
Mr. Demers made a motion to continue the public hearing, ZBA Case #2015-02 Alfred Benesch & Co., 74 Main Street to April 5, 2017 at 7:30 PM. Ms. Holmes seconded the motion. Vote: All-Aye.

1. ZBA Fees: This discussion was deferred to the next meeting.
2. Request for Project Review: Margaret Bacon, 174 South Street (Accessory Apartment Special Permit). The ZBA had no comments.
3. Request for Project Review: Carol Gogolinski & William Cogley, Definitive Subdivision Plan, “Gilboa Court Extension”, 30 Gilboa Court. The ZBA would like the applicant to consider sewer hookups for all six houses since lots are small at approximately 20,000 sq. ft.
3. MINUTES: December 7, 2016, December 7, 2016 Executive Session, February 1, 2017 and February 1, 2017 Executive Session.
Mr. Holland made a motion to approve the December 7, 2016 regular session ZBA meeting minutes as presented. Ms. Holmes seconded the motion. All-Aye.
Mr. Holland made a motion to hold approval of the the December 7, 2016 Executive Session ZBA meeting minutes. Ms. Holmes seconded the motion. All-Aye.
Mr. Holland made a motion to approve the February 1, 2017 regular session ZBA meeting minutes as presented. Mr. Demers seconded the motion. All-Aye.
Approval of the February 1, 2017 Executive Session ZBA meeting minutes was deferred to the next meeting.

A discussion was held about the library parking lot and the new stop sign on West Street.

Mr. Holland made a motion to adjourn the ZBA meeting at 9:25 PM. Mr. Demers seconded the motion. Vote: All-Aye.

Respectfully submitted,

Mary Wright
Recording Secretary
Mary Wright
Posts: 530
Joined: Thu Jan 12, 2012 8:56 pm

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