TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
10/21/08
Approved 11/10/08
Members present: Chairman David Craig, Ed DiPietro, Phil Consolini, Harry Piper, Laura Todd, clerk.
Robert Todd did not sit on this application because the property owner was a client and he had done the site plan. Also, Laura Todd did not vote for the same reason.
2008-9 (USE VARIANCE) JOHN AND RITA YOUNG, 3 VALLEY VIEW ROAD, MAP/LOT 16/18
Chairman Craig opened the meeting @ 7:11PM, and explained the implications of having only 3 voting members present. Atty. Michaels requested a full board. Atty. Craig recessed the meeting @ 7:15, returned @ 7:20, saying another member was on his way and called the meeting to order @ 7:25 PM.
Atty. Michaels presented the application, referring to a site plan of property and proposed use. (See file for copy of site plan) He explained the proposed building would be 5000 sq. ft., with 3500 sq. ft. for retail use (New Boston Hardware) and the remainder for storage. The shed shown of the site plan would be removed. He reminded the audience that if this application was approved it would still need to go to the Planning Board. He presented the board with an architectural rendering of the proposed bldg. (See file) He said that Robert Bollinger had done a traffic study and was present at the hearing. (See file for traffic report). Atty. Michaels showed the uniqueness of this property, because it abuts on three different roads, High Street, Valley View Road and Briar Hill Road. He
explained the plan to have the entrance into the hardware store off Valley View Road and the exit onto Briar Hill Road, to help traffic flow. He then read the 5 criteria required for approval of the application. (See file). Next, he reviewed the history of the building as a commercial use, primarily warehouse. (See file).
D. Craig asked if this commercial use was grandfathered. Yes was the answer.
Bob Bollinger presented next, his is a licensed professional engineer and a traffic engineer. (see file for traffic study). Based traffic numbers on 5000 sq. ft. building, even thought only 3500 sq. ft. would be retail. Traffic counts were done in several areas in town and at the present New Boston Hardware Store site. He felt there would be minimal impact and mostly redistribution from the Mont Vernon Road to High Street. The existing road presented no problem for the entrance, but exiting on Briar Hill Road would take some work to create a safe sight distance. Vegetation would need to be removed as well as some large stone remnants of a stonewall.
D. Craig asked what the current traffic counts were.
B. Bollinger said peak hours on afternoon (4 to 6) and Saturdays (10-1) were the specific time periods counts were done on High Street, Valley View Road, Bank intersection, Mont Vernon Road and New Boston Hardware site.
D. Craig, you counted for 2 hours, used highest one-hour number. Yes. Dave then reviewed figure 2 in report. Dave said he wanted to be sure he understood the chart.
B. Bollinger said the state requires that traffic be counted in two stages, the opening year when the project is complete, then 10 years into the future.
D. Craig said he wanted the present counted number, and again reviewed the charts in the report. At 11:45 Saturday, there were 22 cars at the hardware store and 6 cars at the intersection of High Street and Valley View Road. Correct?
Bollinger, you are on the right path. Then started to explain what the DOT mandates.
D. Craig asked about the evening count. Is it 6 in and 6 out?
Yes,
Harry Piper asked for the % of increase with the new facility
Bollinger said it would be a large % increase, if you take 5 cars and increase it to 27 cars entering Valley View Road at the peak hour.
D. Craig asked why they didn’t do counts first thing in the morning?
Bollinger said morning is commuter time, not a busy retail time.
D. Craig asked the present hours of the store. John said 8 to 5.
Ed DiPietro stated he had a problem with the one way traffic. Discussion followed about why that decision had been made and the fact that the planning board would still have to review the site plan. John said it just made more sense to have less impact on two road instead of all on one road.
D. Craig asked who stored in the warehouse now.
New Boston Hardware and John King, and someone has a shop in the building.
Harry pointed out that if this application was turned down, the applicant would have no restrictions on the rental space.
Phil asked why there wanted to move the retail store.
John Young explained they were maxed out on space at the present location and had no way to expand.
D. Craig asked directly noticed abutters to speak to the application.
Michael Korek, 10 Valley View Road spoke in opposition. It compromised the integrity of the area – it’s absurd the traffic increase would be negligible – this is a residential area – the hardware store is the largest business in town – this is a small side street – people will have a hard time finding the business – the location is totally inappropriate – disagrees it will not effect property values.
David Hulick, 7 Valley View Road spoke in opposition. He commented that the Youngs were the best neighbors anyone could ask for, he still needs to oppose this application. His house is a scant 20 ft. from the road – noise echoes back – there is one car every 10 minutes, will go up to one car every minute – he would like to look at the traffic report – concerned about property values – night time illumination – the hardware store being opened on Sunday.
Linda Rollins, 15 Briar Hill Road spoke in favor. Her house looks at the existing warehouse and would see the cars coming from the hardware store – she has no problem.
Louise Robie, 27 High Street spoke in opposition. Her gut feeling is the store would be hard to find – the road is steep and icy in the winter – the exit onto Briar Hill Road is at am intersection – there is a safety issue – doesn’t see the logic.
D. Craig asked if any other member of the public wished to speak. None.
Harry Piper moved to place the application before the board of deliberation, seconded by Phil. Passed unanimously.
D. Craig said he had no idea there was a warehouse on the property, has serious reservations about a retail business on this property.
Ed DiPietro said it has been a commercial property, but has a problem with the one-way traffic.
Harry declined to comment.
Phil said he would rather see entrance and exit onto Briar Hill Road.
Discussion followed about the part the planning board would play, if the application was approved.
Harry Piper said on the premise to have the board make an affirmative motion, he moved to approve the application as presented, seconded by Ed.
Phil said this is a tough decision; the Planning Board will have many questions.
D. Craig spoke in opposition – the use as proposed is inappropriate and not in keeping with the spirit of the ordinance – the criteria has not been met – it would over burden this area – would have a significant impact.
H. Piper spoke in opposition. Generally not opposed to a zoning change of use, but this is a full blown change of use.
D. Craig called the vote.
Approve (1) Phil, Against (3) Ed, Harry, Dave. The motion failed.
Harry made a motion to adjourn the hearing @ 8:45 PM, seconded Ed.
Respectfully submitted
Laura Todd
Clerk
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