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HomeMy WebLinkAboutMinutes - PB - 10/06/2004 Planning Board Meeting 1 of 5 October 6,2004 COHASSET PLANNING BOARD MINUTES DATE: WEDNESDAY, OCTOBER 6,2004 TIME: 6:30 PM PLACE: COHASSET TOWN HALL-AUDITORIUM 41 HIGHLAND AVENUE, COHASSET,MA 02025 Board Members Present: Alfred Moore, Chairman Peter J. Pratt,Vice Chairman Robert H. Sturdy Stuart Ivimey, Clerk Mike Westcott Board Members Absent: Recording Secretary Present: Jo-Ann M. Pilczak Town Planner Present: Elizabeth B. Harrington, Town Planner MEETING CALLED TO ORDER AT: 6:30 PM MOTION: by Member Sturdy to enter into Executive Session to discuss strategy with respect to ongoing litigation and to reconvene in open session. SECOND: by Member Pratt VOTE: Roll Call Vote 5-0 MOTION APPROVED 7:07 P.M. FORMA -APPLICATIONS • 163,171 Sohier St., APP/OWNER: Raymond Jamieson& Christine Raffa,dated: 09/23/04. Raymond Jamieson and Attorney Michael L. Sullivan in attendance. Applicant seeks to apply 8 1 L to original tract of land to divide lot 5 into two lots—lot 5 and 4A. Member Sturdy expressed concern that if an 8 1 L applied previously, it cannot be done again. He would be more comfortable if application were withdrawn and brought before the ZBA.Applicant agrees to withdraw and will send letter to Planning Board stating such. Town Planner Harrington will send memo to ZBA • 241 Hull St., APP: Michael Hayes, OWNER: John&Nancy Blante,dated: 09/29/04. Michael Hayes in attendance. Blantes want to eliminate condominiums in the buildings and for liability purposes, want to create a real estate trust for both buildings. Building Commissioner Egan had suggested an 81L. Both structures have been on the lots for a long time. MOTION: by Member Sturdy to approve this Form-A Application SECOND: by Member Ivimey VOTE: 5-0 MOTION APPROVED Applicant advised that mylars must be brought to the Planning Board Office to be signed. 7:40 P.M. HIGHLAND ESTATES(BEECHWOOD ST.)/NADER DEFINITIVE SUBDIVISION FILING,PUBLIC HEARING, APP: ANTHONY NADER, DATED: 09/08/04. Clerk Ivimey read public hearing advertisement to open public hearing and read letter from Applicant's attorney requesting to continue the public hearing to October 20,2004. MOTION: by Member Pratt to continue the public hearing to October 20,2004 at 7:30 PM. SECOND: by Member Ivimey VOTE: 5-0 MOTION APPROVED 7:45 P.M. CAPTAIN TRASK RE: ROUTE 3A Captain Trask noted that he did not want his discussion of Rt. 3A to be linked to any past,present or future projects on Rt. 3A. He commented that dealing with the State takes time and should be started now. He noted that some spots on Rt. 3A are dangerous and need synchronized signalization and that the traffic issues are issues up and down Rt. 3A in Cohasset and other towns. Member Moore agreed stating that the Town Planning Board Meeting 2 of 5 October 6,2004 should not be in a position to penalize businesses because of Rt. 3A issues and that Cedarmere,Avalon, The Cooke Estate and the MBTA projects are going to impact Rt. 3A. Member Sturdy stated that this is really under the jurisdiction of the Selectmen and that the Planning Board should schedule a meeting with the selectmen. Town Planner Harrington will investigate procedurally how this should happen. Capt. Trask noted that Senator Hedlund has lent his support to this issue. Member Pratt asked if synchronized lights qualify for TIP. Town Planner Harrington thought they probably did. 7:55 P.M. PLANNING BOARD ADMINISTRATION. • Master Plan review schedule: Schedule needs to be set. Member Westcott would like review to be part of regular meetings. He and Town Planner Harrington will pick dates from upcoming meetings. • Zoning Amendments—Special Town Meeting '04: Suggested language and proposed amendments handed out in meeting packets for board to review. Member Sturdy suggested submitting as they now exist and fine tune at later meeting. Will be put on October 20, 2004 meeting agenda for short discussion. • Powers Lane Subdivision Update: 09/29/04 memo from Town Planner Harrington noted that Powers is willing to pave gravel portion of Powers Lane as soon as practical. Member Moore wants John Modzelewski involved as this is a subdivision roadway,not a driveway. Town Planner Harrington will coordinate and schedule date in six months to verify progress. • Ox Pasture Lane punch list: Distributed to Board. Applicant will be returning to Board in Nov. to update on progress. John Modzelewski has a few comments to add—will talk to Town Planner Harrington. 8:05 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 UP TO AND INCLUDEING OCTOBER 14, 2004.1 Michael Tack,Attorney Henderson,John Cavanaro(Cavanaro Consulting), Rick Bryant(Rizzo Associates) in attendance. Member Moore recused self at 09/22/04 meeting. Vice Chair Pratt outlines procedures, asks audience to sign in on"FOR"and"AGST" sheets and indicate topic they would like to speak to. Town Counsel Hucksam noted that for site plan review,majority of a quorum of Planning Board is sufficient for a vote. He further noted that Member Sturdy may participate in discussion but cannot vote as he had not attended all sessions of the hearing. John Cavanaro outlined minor changes to landscape and site plans: • Drive thru speaker moved 45' west away from abutters and will have trees around it to further buffer even though studies indicate noise is not problem • Improved drainage to 2 catch basins • Created Y-6' high berms and will populate with variety of mature evergreens—maintained as much green space as possible while coming up with landscape plan that is functional and agreeable to all • Extended slope of berms,regraded back of property without impact to drainage,relocated fence to top of berm behind plantings. • Will work with abutters Sturino and Harzich to make sure abutters are pleased Rick Bryant spoke to traffic issues addressed in Abutter Bruce McKinnon's letter • Deceleration of traffic— 175' needed to decelerate. Sohier St. is 750' away—deceleration will not impact traffic at Sohier St. • Site lines—drivers can see 500'+ in either direction. 85%ile speed is 37 mph needing 386' of sight distance. Adequate sight lines to enter/exit exist at this sight. He further noted that MBTA, Cedarmere, Cook Estate,Avalon projects did not change their traffic growth findings of 2.2.%increase/yr as 50+neighborhoods have very little impact and MBTA will decrease traffic by 100-150 cars during peak times. Member Sturdy stated that single entrance/exit will not work without island and traffic markers. If Board wants island Bryant will propose to Mass. Hywy. Member Ivimey noted that Hanover Dunkin' Donuts abutters indicate that speakers can absolutely be heard. Applicant Tack replied that enclosure will be build around speaker with sound insulation if the Board wants. Hearing opened to those who signed-in"IN FAVOR": Group included Mendel Road residents: Susan and Michael Kent,Mark and Pam Brennan, David Tripp, Melissa Brennan,Kirk Bukowski,Leslie Goimes; Planning Board Meeting 3 of 5 October 6,2004 Doane St. residents: Agnes McCann,David McMorris;King St. Business people: David Maltz,Lynn Durkin;Jerusalem Rd. Residents: Vivien Bobo, Susan Turgiss, Chartis Tebbetts; David Calhoun,2 Sheldon Rd.;William Foley, 184 Lambert's Lane; Tom Callahan, 35 Hillside Dr.; Margaret Charles, 85 Linden Dr.; Merle Brown, 546 Beechwood St.,Pamela Hill, 380 Atlantic Ave.; and Donna McGee,27 Hill St.; as well as a Scituate resident whose name could not be read. In general,this groups comments included: in favor of the project feeling it was good for the community; a marked improvement to Rt. 3A as long as concerns are met; certainly better than some other businesses that could go into the site; generally impressed with everything this developer has proposed;this is a good reuse of a business that is changing hands and is in line with the Master Plan goal to preserve the commercial use of Rt. 3A; applicant deserves a fair and expedient decision as they have done everything they have been asked to do; applauds the way this project has been handled by the Planning Board and wishes this had been done for other businesses along Rt. 3A;have heard all the negative comments before—all have been proven wrong with data—its time to move on and approve this application; this is a win/win for the Town; good addition to the Town; traffic lights are not easy to add and should work with Selectmen to get them; Community is asking for more revenue—this project is upgrading and accommodating—it is a win/win and it is important to approve this now; this hearing has been prolonged enough, it is time to move on and decide favorably; this is a wonderful project. Hearing opened to those who signed-in"AGAINST": Group included Fair Oaks Lane residents: Bruce McKinnon,John Mastromarino,Don Dickinson,Paul Quintin, Charles Kelly,Kevin McCarthy, Cheryl and Chris Lund,Francis Arment, Sandra Driscoll,Kellie and Stephen Gaumer, Shawn Sheehy, Carrie Brown, Collette McElhinny Sherry Sturino,Edward Culhane; and King St. Business Owners: Jen and Martha Warshaw,Kristin Ross. Lynn Durkin(owner Sandcastles Child Care Center)while signed in as"IN FAVOR"asked for consideration of fencing and tree work to be applied between the drive-thru site and the day care center location to offer buffering. The applicant will comply with request and Dr. Maltz will work with the applicant to assure there is room to accomplish this. Comments by the"AGAINST"group generally included statements that the plans are a beautiful improvement and that people are in favor of the restaurant but oppose the drive-thru because: concern about 3 cars per min. or one every 20 sec. entering/exiting this location; continued concern about the left hand turns entering/exiting the location (Member Ivimey spoke to Chief Hussey who sated that if the Board requires"no left hand turns etc."the police will enforce it);that Hingham does not allow drive-thrus;that the traffic problem on Rt. 3A must be addressed and until it is, decision about this application should not happen;there is no alternative to get around the queue; drive-thru will add to traffic problems and create safety issues;why aren't zoning bylaws being followed(Member Ivimey noted that drive-thrus require special permit); concerns about the one point of egress/ingress; concern about putting berm on abutters' private property(Member Pratt noted that this will be subject to agreement with abutters,if no agreement,plans will have to be changed); concern/question about the definition of the"level of service f";thought that the Planning Board is being held hostage by the Applicant's"all or nothing"approach and questioned whether the site really needs to have drive-thru and speaker(Att.Henderson noted this is non-negotiable part of their contract and that data has shown that ambient noise will not be heard); deceleration will cause huge traffic jams; concern about dumpster(location, noise, enclosed?)and delivery hours at the location(Applicant noted that Dunkin Donuts requires dumpsters to be enclosed and that delivery will be limited to after 10:00 AM;Member Moore cited DiNero's conditions re the same); concern about a future change of ownership with an existing drive-thru and where that could go; concern that this violates Section 4.3.2 and Section 12.6.5 a,c of Bylaws—that this is offensive and detrimental to the community by reason of odors, emissions,traffic and that site plan without drive-thru would be safer,less offensive;request to approve this site plan without the drive-thru. Member Ivimey asks audience to consider if detriment outweighs the benefits of tax revenue and the fact that another business could be put in this location that does not have to get any permission/permitting. MOTION: by Member Westcott to close the Public Hearing and enter deliberation SECOND: by Member Ivimey VOTE: 3 -0 MOTION APPROVED Planning Board Meeting 4 of 5 October 6,2004 Member Ivimey requests that conditions be outlined as he cannot vote on a plan if conditions he wants are not outlined before he votes. Members outline conditions they would like to see. Conditions of the Board: 1. Traffic island at entrance and entrance widened 2. Hours of restaurant operation must be limited to opening after 10:00 AM(non breakfast hrs. so as not to conflict with drive-thru morning business) 3. Limit on delivery hours 4. Limit on dumpster servicing hours 5. Dumpster must be enclosed 6. Dumpster must have vinyl top 7. Exterior lighting will be the same type of lighting as installed at the Stop& Shop Plaza and will be turned off during non-business hours. Off site light spill will be limited. 8. A/C noise must be minimized(nothing about A/C was submitted with plans). Member Sturdy noted that all Stop& Shop equipment was kept within the building with only fans on exterior. He further suggested that Board consider existing lighting and refrigeration equipment be brought up to date. John Modzelewski will consult with applicant. 9. Outside dining and other outside activities of this sort will be prohibited. 10. Drive-up window must be called out on plan. 11. Two parking spaces will be held in reserve for turn radius of fire equipment and applicant will consult with John Modzelewski if necessary(Capt. Trask had not seen anything on the plan that will interfere with PFD new equipment,but according to John Modzelewski,trend is to open space up for equipment as other towns may respond)and the applicant can come before the Board if this is a hardship. 12. Signage must be changed so drive-thru is clearly delineated within the site and, "No Left Turn 7 am to 9:30 am"must be posted. 13. A minimum of a 5' berm, and/or a 10-12' barrier of screening fence and planting design will be required (and would like to discuss a fence>6'). Installation(possibly on abutters' property)will be based on cooperative agreement between the applicant and abutter. If agreement cannot be reached, a decision will be made by the Planning Board. The berm will be subject to a drainage plan, catch basins must be watertight, a stormwater management plan for maintaining catch basins and sweeping drains must be submitted to the Planning Board, and, oil separators must be utilized. 14. Screening will continue along both sides of the property(Day Care Center and Roger Hill Property side) 15. Speaker box will be enclosed 16. Zero noise will be measured at the lot lines 17. Light, sound and traffic issues will be revisited in 6 months if necessary 18. A new traffic report will be issued to the Board based on the new entrance/exit plan and will include the Avalon site impact as well. 19. Green space must be irrigated 20. Any ambiguities will be resolved the Planning Board MOTION: by Member Westcott to approve the site plan as presented with the above conditions as well as standard conditions included in all decisions SECOND: by Member Ivimey VOTE: 3 -0 MOTION APPROVED Board deliberation: Member Ivimey stated that signing this plan requires full discourse of whether advantages outweigh disadvantages. He felt there are tremendous benefits to the Town to have this plan go forward,he applicant is very cooperative and that this is the best site plan the Board may ever see for this property. He felt that vote is in no way predicated on the business name or property use but on the site plan before the Board. On the other side of the equation,he felt the Board must be careful and go to the greatest lengths to protect the interests and property value of abutters. Member Westcott felt it is important to consider the value of this project to the Town recognizing that there are impacts that are inevitable. Sound and traffic issues that can be revisited in the future if necessary. He felt the biggest issue is traffic,that there should be serious discussion with the Selectmen and Mass. Highway ASAP but that this plan cannot be denied because of the traffic issues that all Rt. 3A businesses experience. Member Pratt agreed that the Planning Board Meeting 5 of 5 October 6,2004 Board would not see a better application for this site. He concurs that the issue is traffic and must be addressed on a broad basis ASAP. Fast food requires a special permit as it is a discretionary item in the Zoning Bylaws. He noted that fewer vehicle trips with higher revenue to the Town would be better. Member Pratt would vote"NO"at this time because of the traffic impact and the potential for further congestion. MOTION: by Member Westcott to approve the site plan as presented with the above conditions and standard conditions included in all decisions SECOND: by Member Ivimey VOTE: 2 - 1 MOTION APPROVED Town Planner Harrington will write a draft decision to be distributed to the Board and the Applicant for review and comment at the October 20,2004 Planning Board Meeting. Att. Henderson agrees to request extension. MOTION: by Member Ivimey to adjourn. SECOND: by Member Westcott VOTE: 4-0 MOTION APPROVED MEETING ADJOURNED AT: 11:30 P.M. NEXT MEETING: October 20, 2004 at 7:00 P.M. MINUTES APPROVED: DATE: