Zoning Board of Appeals
Minutes
September 7, 2011
Landuse Meeting Room
Members present: Chair Ethan Berg, (EB); Cliff Snyder, (CS); Robert Fuster (RF); Ned Douglas, ND; Jedd Hall, JH
Staff present: Mary Albertson, Town Planner, MA; Land Use Clerk, Peggy Ammendola, (PA)
Jonathan Molk and Christine Bellino, 80 East Dugway Road (Map 17, Parcel 49). Modification of Special Permit, Sections 3.3.5 and 3.3.7 to allow for the demolition and reconstruction of the existing detached garage.~
Making the presentation was Jonathan Molk who came before the Board 18 months ago and received approval to demolish and rebuild a single family home. He is requesting to modify the Special Permit to demolish the existing garage on the east side of property and rebuild a new garage closer to the residence. The proposal will result in the structure being less non-conforming than the existing structure which is located 2.8 feet from the property line on the east side. The existing and proposed garage is 26’ X 24’. Mr. Molk’s request to relocate the garage without exact distance measurements raised concerns.
A letter of support from Shawn Leary Considine, Mr. Molk’s abutter on the east side of his property, was read into the record by Mr. Molk
Discussion ensued and the Board asked that Mr. Molk indicate on the plans presented of his intentions to the proposed location for the sake of clarity and to have a correct record on file.
RF made a motion to approve the request to modify the previously granted Special Permit and allow the demolition of an existing structure and move no closer than 10 feet from the existing east boundary and no less than 2.8 of the north boundary in accordance with the plans filed. JH seconded the motion and the Board voted to approve 5-0. RF made a motion to impose the condition that a revised plot plan be submitted to the Board within 30 days of today. CS seconded the motion and the Board voted to approve 5-0.
ND will write the Decision.
439 Pittsfield Road, LLC, 439 Pittsfield Road, Map 33, Parcel 1 for amendment of previously approved Special Permits (under Bylaw Sections 3.1.H.16 and 6.12, Drive-Through Facilities) and site plan approval (under Section 9.5).
Present were Eric Taylor, Attorney Thomas Hamel and Raymond Kushi who wishes to establish a Papa John’s franchise.
Mr. Hamel presented the site plan and application and stated that on July 7, 2009 the Board approved a request by Mr. Taylor for a bank branch with drive up facility. Construction took place, but with the economy being sluggish, he was unable to secure an agreement with a bank. Mr. Taylor has received a lease commitment for a Papa John’s franchise. This is a request to allow one of the three drive ups permitted for Papa John’s which would only be using a portion of the square footage that was previously used approved for an entire bank. Eighty five percent of Papa John’s business will be for delivery, ten to twelve percent will be customers who go in to place and pick up an order and the remaining three to five percent will actually go through the drive up. There will be no
inside dining.
The second drive up would be potentially for a bank and the third would be for an ATM.
For this change proposed, the Impact Statement was reviewed and continues to be valid and the Traffic Report shows a potential reduction of 23% for daily activity and 50% during peak activity.
Mr. Hamel told the Board that if someone other than a bank wants to have a drive through facility, the applicant will submit another Petition, but if a tenant does not need a drive through, a Petition will not be necessary.
RF made motion that the application for modification of the Special Permit be allowed so that the 1st drive up adjacent to the premises be allowed for a food service facility as opposed to a bank. ND seconded 5-0 and the Board voted to approve 5-0.
RF will write the Decision.
Other Business
There was no other business.
Respectfully submitted,
Peggy Ammendola
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