Loading...
HomeMy WebLinkAboutMinutes - PB - 09/22/2004 Planning Board Meeting 1 of 5 September 22,2004 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, SEPTEMBER 22,2004 TIME: 7:00 PM PLACE: COHASSET TOWN HALL-BASEMENT MEETING RM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Alfred Moore, Chairman Peter J. Pratt,Vice Chairman Stuart Ivimey, Clerk Mike Westcott Board Members Absent: Robert H. Sturdy Recording Secretary Present: Jo-Ann M. Pilczak Town Planner Present: Elizabeth B. Harrington, Town Planner MEETING CALLED TO ORDER AT: 7:05 PM 7:05 P.M. ZBA RECOMMENDATIONS • 10 Black Horse Lane, Special Permit Application, APP: Paul&Kimberley Canney, Date: September 9,2004. Applicant seeks to build on the same footprint,adding 1,000 sq.ft. within the property line and staying within the footprint. MOTION: by Member Westcott to recommend that the ZBA approve this special permit application. SECOND: by Member Ivimey VOTE: 4-0 MOTION APPROVED 7:14 P.M. PLANNING BOARD ADMINISTRATION. • Vote to accept September 1,2004 minutes MOTION: by Member Ivimey to approve September 1,2004 minutes. SECOND: by Member Pratt VOTE: 4-0 MOTION APPROVED 7:15 P.M. 231-235 HULL STREET,DINERO'S RESTAURANT, CONTINUED PUBLIC HEARING, SITE PLAN REVIEW APPLICATION, APP: KIM-RICH REALTY TRUST, OWNER: KIM-RICH REALTY TRUST, DATE: JULY 6,2004. (75 DAYS=09/18/04) Mr. Plower,Attorney Sullivan, David Sorgman,Frank Amonte,David Mackwell in attendance. Draft decision dated 09/22/04 was reviewed. Main areas discussed: Retaining Wall: Town Engineer John Modzelewski rec'd fax with data from Arthur Choo certifying that the retaining wall is safe,well constructed and adequately constructed"as it stands today."John Modzelewski is familiar with Mr. Choo's reputation and is therefore satisfied with the construction of the retaining wall as is Building Commissioner Egan. Fence: New plans show existing chain link remaining with new stockade fence added on abutters' side for full length of abutters' property(318'). Stockade fence will be 15-18"from the chain link fence. Applicant wants chain link fence to remain because: it improves safety; it softens the features; and,removal is unnecessary expense. Applicant also feels that the solid fence and all previously proposed vegetation are unnecessary expense and not reasonable. Member Ivimey felt solid fence and all proposed plantings are necessary to protect abutters. Member Pratt felt keeping chain link fence is a good idea. Sidewall sprinklers: Applicant feels potentially dangerous situation was created by abutter's expansion not by DiNero's and DeNiro's should not have to carry burden of sidewall sprinklers outside. Bob Egan felt DiNero's sprinklers would protect DiNero's and abutter's fire protective sheetrock on its walls would protect fire at abutters from spreading to DiNero's. He also stated that DiNero's meets code requirements. Member Moore felt that asking applicant to install sidewall sprinklers because abutter expanded is not appropriate condition. Planning Board Meeting 2 of 5 September 22,2004 Member Westcott agreed with Member Moore. Members Ivimey and Pratt felt sprinklers should be installed. Keno license: Applicant vehemently disagrees with this condition. Members Ivimey and Westcott felt that "activities"should not be addressed by Planning Board. Member Ivimey thought intent for gaming should be in application and that Planning Board should not turn a blind eye to uses. Outcome of 09/22/04 draft decision review resulted in the following: Conditions 1,2, 3,4, 5, 9, 11, 14, 16, 18, 19,20,21, 23, 24, 24b,c,d,e,f, 25 were OK and kept. Conditions 6, 10, 13, 15, 17, 22b, 24a,g and 26 were deleted Condition 7: change to: Lighting will be such that no light is cast off-site and minimized during off hours to a degree adequate for security. Condition 8: change to: Applicant and abutters shall notify Board after 6 months of any noise or lighting issues to determine if a site visit or hearing are necessary Condition 12: add: Applicant shall supply operations and maintenance plan as per DEP Storm water Management Guidelines. Condition 22a: add after structures: including any structures on top of ledge if necessary Condition 24h: add after plans: no later than July 1, 2005 MOTION: by Member Westcott to accept draft agreement with changes discussed. SECOND: by Member Pratt VOTE: 4-0 MOTION APPROVED 8:35 P.M. OX PASTURE LANE—INFORMAL DISCUSSION/UPDATE Peter Baytarian in attendance Building Commissioner Bob Egan, Con. Commissioner Paul Shea, Town Engineer John Modzelewski, Town Planner Liz Harrington,Peter Baytarian conducted a walk through of the site at 4:00 PM today. Bob Egan noted that there has been a big change in the site over the last few weeks. The Baytarians are willing to address all issues. John Modzelewski requested a guardrail on the bridge,not paving alone. Mr. Baytarian noted that the shoulder on the side of road is to be loamed, seeded within 10 days. Stockpile of fill on the road is to be moved prior to loaming, seeding.All Coler&Colantonio punchlist items are currently completed or underway. Additional streetlights to be installed. Town Planner Harrington will put together a punch list which Bob Egan will add to his checklist/inspections to ensure progress is being made. Mr. Baytarian noted that it does not make sense to pave road before all construction happens and that he may need an extension on order of conditions from Con. Comm. Member Moore requested that Ox Pasture be put on a Planning Board Meeting agenda in November to revisit the situation/review progress. 8:45 P.M. 154-156 KING STREET, CONTINUATION OF PUBLIC HEARING, SITE PLAN REVIEW APPLICATION, APP: THE NAUSET GROUP, OWNER: LEE REALTY TRUST, DATE: JUNE 7,2004. (EXTENSION REOUESTED UNTIL SEPTEMBER 29,2004.)Michael Tack, Attorney Henderson,John Cavanaro, Mr Bryant(Rizzo Associates) in attendance. Member Moore recuses self as he lives in the abutters' neighborhood. Shawn Sheehy asked if bylaws allow applicant to withdraw without prejudice if meeting continues. Town Planner Harrington stated that at Board's discretion, applicant can withdraw without prejudice during a public hearing. Attorney Henderson stated that the applicant will take the option to proceed until point that decision is rendered and they will request to withdraw without prejudice at discretion of the Board if they do not agree with decision. Board decided to hear tonight's presentation by applicant,not vote, consult with Town Counsel regarding vote protocol with Member Moore's recusal and, asked applicant to request another extension.Michael Tack and John Cavanaro summed up changes to address traffic and safety concerns expressed at last meeting. Changes included: • entrance/exits combined into 1 spot on southerly side of restaurant and eliminated northern exit to increase exit queuing to 7/8 cars. They will meet with Mass. Highway next week to get their disposition on curb cuts—they prefer one curb cut to accommodate entrance and exits. Curb cuts will also be improved and clearer than they are at current site. • decrease of parking spaces to increase green space by 2500 sq.ft. • island opened to allow more turnaround space • added dedicated fire lanes,PFD connection added to front Planning Board Meeting 3 of 5 September 22,2004 • redirection of front traffic • added arborvitae around perimeter to increase buffering • scored line to differentiate between drive-thru and bypass lane Rick Bryant,Rizzo Associates commented about the traffic study conducted and noted that he has worked with Dunkin Donuts franchises throughout Mass. His main points were: • this is a good site from a traffic perspective because it is convenient as people head north to work so it is an easy right hand turn in and out(it is on the right(correct) side of the road). • it is a large site that allows a long drive-thru lane(16 car capacity) to keep traffic off street and provides a lot of paving and parking(59 spaces) so customers can park if drive-thru queue is too long • it is an efficient use of land—two tenants—one morning business and one aftemoon/evening business— sharing the same pavement • the applicant has been cooperative with proposed and suggested recommendations for changes • this has been a good, educational process • drive-thru coffee spots do not bring traffic to the road,the coffee shop traffic is about 8-10%of what is already on the street meaning 1 out of 10 people driving by will stop for coffee drive-thru • John Modzelewski's consultant suggested using a figure of 187 cars per hour—Rizzo Assoc. felt they have the capacity at this site to keep cars off the road John Modzelewski made the following comments on the redesign and current status after reiterating the positive workings of this project: • all drive-thru lines will be contained with the site under the new arrangement. • it should be taken into account that the traffic study presumes the other on-site business will not operate in the morning hours. To avoid a potential future conflict if a new business were to enter this site in the future,this should be taken into account by adding conditions into any decision. • Turn in from Rt. 3A will potentially slow down traffic to 10-15 mph as cars slow down to take the turn and that may back up traffic on Rt. 3A. A deceleration lane would be useful but probably not feasible. (Rick Bryant noted that deceleration lanes would block other entrances—not in favor of this. John Cavanaro noted that deceleration is common occurrence all along Rt. 3A and is no different at this site). • New entry is 28'wide(zoning regs. Call for 24')to accommodate the two-way entering/exiting traffic. • Fire trucks require 50' turning radius. May have to eliminate some parking spaces to accommodate this. • New parking on Rt. 3A side of building is much less non-conforming that currently exists (zoning asks for 5' off property lines) • Plans should show where drive-thru window is • Both traffic studies agree there will be an exiting wait if drive-thru is operating at peak(187-200 cars/hr. which is very conservative number)but there is enough length- 173 ft. -to accommodate queuing during peak times on this site. Rizzo Assoc. noted that computer models indicate that a 95%ile queue (what you see 5%of the time) is seen for an average of 3 min./hr. during peak times. The typical 30-50 sec. exiting time during non peak times may increase to 2 minutes during this 3 min/hr 95%ile time. Also,traffic slowing down to enter site will create gaps in traffic to allow opportunity for cars to exit site. Open to Public, Opponents comments on traffic issues: Sandy Driscoll, 240 Fair Oaks Lane asked about impact on northbound traffic on Sohier St. if traffic slows down for turn into drive-thru and if visibility of site has been taken into account. Rick Bryant indicates no impact on traffic(John Modzelewski agrees)and that visibility was taken into account. Kevin McCarthy, 155 Fair Oaks asked if anyone has considered issue of safety with egress/ingress in a single 28' wide space. John Modzelewski noted that the geometrics are typical according to Mass. Hywy. but that an island might provide more guidance. Rick Bryant indicated that this plan exceeds standard 24' and is not unusual situation although, a rumble strip could be considered. Kevin O'Donnell,248 King St. noted that most traffic going into site is northbound but that southbound traffic is significant and will involve significant number of left hand turns(which is the cause of most accidents)and that violates Site Assignment Section 12.6 Section 2f "movement of vehicle and pedestrian traffic within the site and in relation to access streets shall be safe and convenient" - they are not safe or convenient. Attorney Henderson notes that every single business on Rt. 3A has left hand turns and this Planning Board Meeting 4 of 5 September 22,2004 applicant cannot be discriminated against and that if it is not safe for this business, it is not safe for any business on Rt. 3A. David Henderson,291 Fairoaks, stated that the slow down of traffic has to have a severe impact on the traffic already waiting up to 3 minutes to pull onto Rt. 3A from Sohier St. Jen Warshaw, 152 King St., stated that this area of businesses and a day care center cannot handle any increase in traffic at all. Jack Creighton, 23 Cushing Rd., stated that this is a dual purpose road for commuter traffic as well as the Town's major commercial thoroughfare and that the Town needs a healthy business plan to handle growth, commercial stress and other issues. Otello Sturino, 179 Fair Oaks, asked if there is any other business on Rt. 3A that has this much traffic w/o a light to which Att. Henderson noted that the Tedeski Plaza(Cohasset Liquors/CVS) does which also has much less buffer between it and residential abutters and, is not as attractive a site. Further,John Modzelewski noted that there is value in comparing it to other sites but it must be compared with similar sites with similar volume to make a fair comparison. Further,he noted that the site has 87%coverage now(zoning bylaws ask for 60%)and is dropping slightly to 82%-it's a fairly intense use of the site (had to be done for the septic system),but the question is,people are going to buy their coffee somewhere and is Cohasset going to make money off it or is Hingham or Scituate? Proponents comments on traffic: Kirk Bukowski,4 Mendel Rd., stated that cars currently go into all businesses on Rt. 3A,that this plan is superior to most that exist and that opposition is going overboard. Michael Kent, 3 Mendel Road noted that Atlantic Bagel has moved out so morning traffic has actually decreased. Merle Brown, 546 Beechwood St. noted that he did not find traffic at Atlantic Bagel as difficult as at Leo's Exxon. Roger Hill, 19A Highland Ave.,noted that 1 condition for Avalon was potential traffic light at Sohier St., and that a traffic light might be helpful. Susan Turgiss, 96 Jerusalem Rd., commented that business zoning is limited,that left/right hand turns on Rt. 3A cannot be avoided but a good plan can be put together to make it work,that it is time to refocus on business for the Town and stop putting these applicants through hoops. Jack Creighton,23 Cushing Rd. agreed with Turgiss and noted that the Town needs a healthy business plan. Tomi Bukowski,4 Mendel Rd.,business owner on Rt. 3A noted that it appears as though the applicant is doing everything possible to handle the situation correctly,that this plan is better than the plan at Leo's Exxon and should be welcomed. Agnes McCann, 104 Doane St. commented that this plan does not make the traffic situation worse. Bill Foley, 184 Lambert's Lane,noted that there has not been one accident in the 6 years that Atlantic Bagel was in its location,that the volume of traffic already exists and if a business was viable at Atlantic Bagel,why not at this site right next door. Mark Brennan,2 Mendel Rd.,noted that Dunkin Donuts is leaving Stop& Shop location and relocating, only moving the traffic not increasing it and that this proposal improves the aesthetics of the area and is a positive factor for the Town. Att. Burt Winnick,noted that this has been a commercial site since 1950,that no current abutter purchased their property prior to 1950 and/or without knowledge of its commercial use,that the applicant and Dunkin Donuts are a safer situation that the unknown and asked the Board to grant them a favorable decision. Air Quality: Developer had air quality analysis performed by Tech. Environmental and stated that even after adding in Rt. 3A air quality impact, idling car maximum CO2 concentrations are safely within Mass. Standards designed to protect public health and welfare with a margin of safety. John Modzelewski noted that this statement was persuasive to him. This is a highway business district(has been for many years)for 400' back from Rt. 3A and this site goes approx. 265' back, so it is only halfway into the business district area. Applicant Michael Tack noted that they are in compliance by a factor of 10. Peter Goldberg,Tech Environmental Air Quality and Noise Consultant noted that the air quality study was based on highly conservative assumption of the number of cars at the drive-up window and showed an insignificant impact and concentration of CO2. Regarding noise, Goldberg noted that traffic sound level is low 60's decibels. Dunkin Donuts' menu boards are designed to produce 68 decibels at 12'. The day care center would hear 47 decibels and closest neighbor would hear 42 decibels so the noise would be essentially inaudible. Also, cars will be traveling at 5-10 mph not the 35-40 mph as on Rt. 3A so they will not produce as much noise. Therefore there is not increase in noise over Rt. 3A. Chris Lund, 193 Fair Oaks and Otello Sturino, 179 Fair Oaks requested that buffering be more than a few trees to deal with noise near the abutters not only from traffic but from patrons. Member Westcott felt that bushes and 6' fencing is consistent with that is generally done. Member Ivimey felt that more can be done than a 6' fence to protect the integrity of residential areas. Planning Board Meeting 5 of 5 September 22,2004 Procedural Issues: John Modzelewski noted that not all items are on file with the Planning Board and all information should be in those files for everyone to review in a timely manner; that this is essentially a new submission with the same time frames and that may not be reasonable. He also asked whether information from this project can be used with other projects. It was noted that the public should have the opportunity to review the detailed data and form their own opinion. John Cavanaro noted that for a multitude of reasons, information has not been circulated as completely as it should but that all information will be delivered to the Planning Board Office. Discussion ensued about information being submitted to the Board without giving them sufficient time to review the materials prior to the meeting. Town Planner Harrington suggested that policy should be set that if materials are not received within a certain number of days of the hearing that the agenda item is postponed. Attorney Henderson will talk with Town Counsel about the quorum issue since Member Moore recused himself. Member Pratt asked applicant for another extension. Attorney Henderson noted that the applicant wanted to go before the ZBA to get that process underway. Applicant would like to close public hearing, give public until October 6th to submit written comments to the Board and give the Board until October 14 the render a decision. Member Westcott felt there is sufficient data to support approval with conditions. Member Ivimey would like to continue the public hearing to October 6,noting that there is a possibility that someone could read the newly delivered information and form different opinion that requires the Board to rethink their position about this proposal,therefore the public hearing should remain open. Board agreed that written comments must be received by September 29th for the October 6th meeting. Applicant agreed with conditions that public hearing agenda will be limited to items not discussed tonight. MOTION: by Member Ivimey to continue the public hearing to October 6,2004 having received a written request from the applicant for an extension to October 6 for the continued public hearing and to October 14,2004 for a decision and that the public record file will be complete by Monday, September 27,2004 for the public to review. SECOND: by Member Westcott VOTE: 3 -0 MOTION APPROVED MOTION: by Member Ivimey to adjourn. SECOND: by Member Westcott VOTE: 3 -0 MOTION APPROVED MEETING ADJOURNED AT: 12:35 AM NEXT MEETING: October 6,2004 at 7:00 P.M. MINUTES APPROVED: DATE: