These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. – Open Meeting Law – Section III.
Board Members: Marc Garrett, Paul McAlduff, Larry Rosenblum, and Bill Wennerberg
Planning Board Alternate: Timothy Grandy
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Public Hearing:
B515 - Nestle Down Modification
Manomet Point Road, Map 46, Lots 21, 22, 39-2 and 39-3
(To Be Continued at the Applicant’s Request)
Marc Garrett read the public hearing notice and opened the public hearing.
Valerie Massard informed the Board that the applicant has requested that the public hearing be continued until a full Board is present. Ms. Massard suggested continuing the public hearing to March 16, 2009 at 7:15 p.m.
Paul McAlduff moved to continue the public hearing to March 16, 2009 at 7:15 p.m.; the vote was unanimous (4-0).
Lee Hartmann updated the Board on a meeting that was held to review the Capital Outlay requests and determine how they related to the Master Plan. Only this year’s requests were reviewed, but in future meetings the group would like to expand the review to include a five-year plan. The group identified two issues that should be reviewed jointly with the Board of Selectmen and School Department. The requests for funding of the update of the Town’s Economic Development Plan and for a study regarding the expansion of the Manomet recreation fields and facilities will be reviewed in a joint meeting.
Paul McAlduff and Bill Wennerberg suggested that the expansion of the Manomet recreation fields could include the installation of artificial turf which requires less maintenance.
Public Hearing: (cont. from 11/3 & 12/15) (HC)
B557– McKenna,
100 Sandwich Road, Map 47, Lot 21C
(To Be Continued at the Applicant’s Request)
Marc Garrett read a request by the petitioner for a continuance to March 30, 2009.
Lee Hartmann stated that a notification of the continuance will be advertised in the Old Colony Memorial and a mailing will be sent to notify abutters of the continuance date and time.
Randy Parker, Land Management Systems, Inc. stated that he should have the flow test completed by the end of March.
Paul McAlduff moved to continue the public hearing for the fourth and final time to March 30, 2009 at 7:10 p.m.; the vote was unanimous (4-0).
Marc Garrett reminded the Board that a site visit has been scheduled for the balloon test for Balboni LLC, 125 Camelot Drive on Saturday, February 7, 2009, from 8:00 a.m. – 12:00 p.m.
Public Hearing:
Spring Town Meeting Article – Rezone Manomet
Beaver Dam Road, Map 45, Lots 70E and 71
Marc Garrett read the public hearing notice and opened the public hearing.
Paul Garvin introduced the petition to rezone land on Beaver Dam Road which abuts the new CVS. There have been several family businesses on the property since the 1950s: a construction business, a real estate business and a wood refinishing business. The property was once part of a commercial zone, but in the 1970’s the Town reduced the commercial zone to 200 ft. along State Road. The petitioner feels it would be appropriate to rezone this property from R25 to Transitional Commercial (TC).
Barry Wood, petitioner, presented pictures of the existing structures on the site. He noted that the property is within the Manomet Village service area and that the Master Plan encourages the growth of businesses within the Neighborhood Commercial (NC) areas and the village centers.
Lee Hartmann stated that the petitioner is looking to rezone his property as TC instead of including it in the existing NC zone which abuts Mr. Wood’s parcel. Mr. Hartmann presented photographs of the existing buildings within the NC corridor, which includes a mixture of residential and commercial structures. There are several vacant commercial structures in the area and those should be occupied before any additional land is added to the commercial base. The NC zone allows for businesses that provide amenities for the local residents. Manomet has the largest (10.7 acre) NC zone in the Town. Mr. Hartmann noted that the traffic report done for the adjacent CVS predicted that in 2010, the intersection Beaver Dam Road, State Road and White Horse Beach Road will be operating at a level of service “F”,
with or without the CVS.
Paul McAlduff asked how the Indian River Inn and Quintal’s Market grew into what they are today.
Mr. Hartmann replied that the Indian River Inn has stayed within the same footprint during all its renovations and Quintal’s Market received a special permit from the Zoning Board of Appeals (ZBA). Mr. Hartmann has suggested to Mr. Woods that he apply to the ZBA for a special permit to change from one pre-existing non-conforming use to another.
Randy Parker, on behalf of the Manomet Village Steering Committee and personally, spoke in favor of the proposal as did Buddy Moses and Christopher Klim.
Kevin Doyle, Elaine Richardson, Fred Naples and James Pierson spoke in opposition to the proposed zoning change.
Larry Rosenblum expressed his concerns with the proposed zoning change which included: changing the zoning on a residential street to commercial: there should be a compelling public interest to change the zoning because the change goes with the land, not the individual; a zoning change should not be made in exchange for public service; economic benefits cannot be realized on a site of this size; and the consequence of a zoning change versus the special permit process.
Marc Garrett was in agreement with the comments made by Mr. Rosenblum. He also noted that this petition may be premature as the Manomet Village Master Plan will soon be updated. He preferred to look at this site in the context of the entire village center rather than a lot by lot basis.
Paul McAlduff moved for the Board to recommend support of the proposed zoning change to Town Meeting; the vote was (1-3-0) with Paul McAlduff in support. The motion did not carry.
Larry Rosenblum moved to recommend denial of the zoning change to Town Meeting; the vote was (3-1-0) with Paul McAlduff in opposition.
Public Hearing:
Spring Town Meeting Article – Rezone Home Depot
Home Depot Drive, Map 89, Lots 13 and 48
Marc Garrett read the public hearing notice and opened the public hearing.
Atty. Edward Angley reviewed changes to the public hearing notice that included correction of a typographical error, removal of the word “the” before Section and also a proposed change in content that would include deleting paragraphs # 2 and #3. In place of the deleted language it is proposed that the Town enter into an MOU that will set development parameters such as size, use, coverage, etc. and will insure that the proposed area infrastructure improvements will be constructed. Atty. Angley reviewed maps of the locus and the surrounding area and the current zoning in the area.
Ron Mueller, Greenman Pedersen, reviewed the proposed traffic improvements for the Long Pond Road/Home Depot Drive intersection, the Exit 5/Long Pond Road southbound intersection, and the internal improvements to Home Depot Drive. The Long Pond Road/Home Depot Drive intersection improvements include: a double left hand turn lane out of Home Depot Drive heading east onto Long Pond Road; a single lane for traffic turning right or going straight across Long Pond Road; a “No Right Turn” sign for traffic heading out of County Drive; and retiming of the signalization to allow for separate phasing of each traffic movement. At the southbound Exit 5 ramp intersection the ramp would be widened to create a double lane, right hand turn onto Long Pond Road. Home Depot Drive would be widened to two lanes from the
four-way intersection to Ethan Allen, which would allow for lane drop signage. The four-way stop on Home Depot Drive could be signalized at a later date if needed. The traffic study also indicates that the construction of a north bound slip ramp off South Street would eliminate a left hand turn onto the north bound ramp and improvements to the Obery Street/South Street intersection are also needed. The proposed traffic improvements will be submitted to MEPA and Mass Highway for review if the zoning change is granted.
Marc Garrett questioned why the left hand turn onto the southbound ramp from Long Pond Road to Route 3 was still necessary.
Mr. Mueller replied that the ramp provides access to the rest area, the commercial businesses, the Park & Ride area, the bus depot, and also provides for safer weave time on Route 3 for those that need to take the left hand, south bound Exit 4 onto Plimoth Plantation Highway. Mr. Mueller indicated that Vanasse and Associates have been retained by the Town to draft a corridor study from the South Street/Obery Street area west to Holman Road which should be completed in mid-February. In a previous traffic study done for BCN Trust, several options were identified to alleviate the issues at the Holman/Long Pond Road intersection. The alternatives included: creating a connection from Holman Road to Home Depot Drive, a connection from Holman Road through the BCN Trust property to the lights at the Shops at Five
intersection, and installation of signalization that would be timed in conjunction with the signalization at the entrance to the Shops at Five.
Bill Wennerberg asked what kind of buffering would be provided for the abutting property owners and what could be expected at full buildout.
Atty. Angley replied that the MOU would define the buildout of the site.
Brian Ricker, Allen and Majors, stated that a conceptual plan showed a buffer of 100 ft., but the buffer could vary depending on what is actually proposed for the buildout of the site.
Mr. Hartmann stated that the bylaw requires a minimum 50 ft. buffer, but the buffer size could be increased in the MOU. Mr. Hartmann explained that the proposed amendment would only change the zoning of the site. A site plan review would still be required for the development of the property and the MEPA process will define the access improvements. Mr. Hartmann had some concerns with the buildout information that could allow 240,000 sq. ft. of space excluding infrastructure capacity which is not part of the site plan review process, but based on the MOU agreement, the amount of space could be limited. The MOU is a binding agreement that would insure that the development is compact and that the infrastructure is adequate.
Rocky Palladino, Walter Brady, and Barry Tassinari spoke in support of the rezoning.
Paul McAlduff was supportive of the proposal provided the MOU addresses the traffic issues.
Bill Wennerberg questioned when the draft MOU would be submitted. Mr. Wennerberg was supportive of the project subject to review of the MOU.
Mr. Hartmann replied that the Board could vote to support the project subject to a review of the MOU language. Mr. Hartmann suggested that the MOU in addition to the infrastructure improvements could have language regarding the buffers and landscaping. The MOU will be negotiated with the Planning Board, executed by the Board of Selectmen and will have to be reviewed by Town Counsel.
Marc Garrett asked if the petition would proceed to Town Meeting if the MOU is not in place.
Atty. Angley replied that there would be a draft MOU prior to Town Meeting, but it might not be fully executed.
Mr. Garrett stated that if the draft corridor study is available by the end of February, some modifications to the MOU may be necessary. Mr. Garrett also requested information on the analysis of the site development, the extent of the earth removal, and the construction truck routes. He wanted assurances that the construction traffic would be limited during the hours the school busses would be active.
Bill Wennerberg moved to continue the public hearing to February 9, 2009 at 8:00 p.m.; the vote was unanimous (4-0).
Paul McAlduff and Bill Wennerberg simultaneously moved to adjourn at 10:25 pm.; the vote was unanimous (4-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: February 9, 2009
Administrative Assistant
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