Berlin Planning Board Meeting
AVH – 6PM May 13, 2009
Members Present: Chair Fran Cusson, Aline Boucher, Lucien Langlois, Greg Estrella, Laura Jamison, Councilor Tom McCue & Ralph Collins
Others Present: Pam Laflamme, City Planner; Francis Pisani, Felix Pisani, and Roberta Remillard, Jason Vien, Alicia Perreault
Site Plan Review – Pisani – Carry-out Restaurant, 1203 Main Street, (continued)
Ms. Laflamme indicated she has reviewed the lot usage with the Code Enforcement Officer and the City's Attorney. They are all in agreement and interpret the zoning passage about the residential frontage under non-conforming uses to only pertain to residential lots. The ordinance language dictates a minimum for residential lots and states that in order for you to build on a lot for the purpose of residential you need to have at least fifty feet of frontage.
The City's Attorney indicated as the lot configuration predates our subdivision regulations and zoning regulation, the Pisani property is considered a non-conforming lot of record. If there is a lot and they can meet our current standards related to setbacks, we can allow them to use their legal non-conforming as its rights are vested.
The abutter, Jason Vien indicated to the board that under business general the zoning ordinance would require 100 ft of frontage. He does not agree nor understand the interpretation of the zoning ordinance. Ms. Laflamme stated that we have never applied that ordinance to non-residential properties.
Ms. Cusson asked Mr. Pisani to clarify that the business is no-parking in the front, with a drive through at the building. Mr. McCue noted that fast food restaurant without drive through service in not allowed in just downtown. Pick-up service is allowed in business general. Mr. Langlois asked if there is seating indoor. Mr. Pisani stated that there will be two tables to sit down to wait to pick up food.
Defined as fast food restaurant by zoning. Mr. Pisani says that Joe Martin confirmed that he is able to have a drive though in that location.
Councilor McCue said this fits within our zoning. Mr. Langlois suggested a condition that the fence be maintained and/or replaced within 30 days. Ms. Cusson pointed out if this is drive through, than the no-parking signs per the traffic safety committee still stands. The ordinance would have to pass as a condition. The curb cut is also an issue because of the drive through, the board would like to see a larger curb cut. The venting of the restaurant as currently proposed was cleared though the fire department.
Hours of operation 6am until 11pm, seven days Pisani stated. Councilor McCue pointed out foot traffic and school traffic in that area. Mr. Langlois suggested a condition for operating hours to be from 10am until 11pm. Mr. Langlois was confused about parking. Ms. Cusson clarified there is no onsite patron parking, only employees. Mr. Langlois asked what side the pick-up window will be, Mr. Pisani answered on the south side.
If the curb cut is widened, the sign out front would have a more limited location. Ms. Laflamme indicated Mr. Pisani could also have a sign on the building. Councilor McCue once again questioned the curb cut and the no parking between the curb cuts with the same plan, as the plan seemed to have changed. The Police Department has indicated it was okay with the no-parking and no additional curb cut. Councilor McCue was still concerned about sight line.
The board discussed the possible signage for the property and the allowance in this zone allows a sign up to 25ft in height. Mr. Langlois was concerned about a lighted sign which Councilor McCue said that the height of the sign may affect visibility. The board agreed it should limit the height of sign to 8ft, that it be externally lit and only lit during the hours of operation.
Mr. Langlois made a motion to approve the Site Plan for Mr. Pisani with the following conditions:
1. The applicant shall erect a six foot privacy fence between the subject property and both the abutters to the north and south who front along the Main Street side. The fence line shall start 20 feet from the back edge of the sidewalk and run 80 feet along the southern border (1193 Main Street) and 86 feet along the northern border (1207 Main Street).
2. Privacy fence shall be maintained and/or replaced within 30 days of any damage unless there is a pending civil action regarding the fence's destruction.
3. The proposed no parking ordinance in front of 1203 Main Street needs to be passed by the City Council.
4. The hours of operation shall be limited from 10:00AM until 11:00PM seven days a week.
5. The current curb cut of 12 feet shall be increased to 24 feet to better accommodate traffic entering and exiting the lot.
6. The signage for the business shall be externally lit and only lit while the business is open. Any free standing signs shall be no taller than 8 feet.
Mr. Collins seconded the motion and all board members voted in favor, except Councilor McCue who voted in the negative. Abutters have 30 days to appeal.
Mr. Langlois made a motion, seconded by Mr. Estrella to adjourn the meeting, the board voted in favor
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