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, Tim Grandy, and Bill Wennerberg
Staff Members: Lee Hartmann and Valerie Massard
Recording Secretary: Eileen Hawthorne
Marc Garrett welcomed Ken Buechs as the new Planning Board Alternate.
Administrative Notes:
Minutes:
The Board approved the minutes of July 19, 2010 as presented.
The Board approved the release of lots 63-7 and 63-8 in the B555 – Graffam RDD.
Paul McAlduff moved to approve the minutes of July 19, 2010 and the B555 - Graffam RDD lot release as presented; the vote was unanimous (5-0).
Paul McAlduff moved to approve the release of lots 10-430, 10-431, 10-432 and S-172 in the B437 – Pinehills LLC, Ridgeview at Pinehills neighborhood and the release of lots S-188, S-189 and 16-669 through 16-692 inclusive in the B437- Pinehills LLC, Apple Barrel and Woodsong neighborhood; the vote was (4-0-1) with Bill Wennerberg in abstention.
Committee Appointment
Open Space Committee
The Board appointed Alicia MacGregor to the vacant position on the Open Space Committee; the vote was unanimous (5-0).
BOA 3592 – Marlete Rocha
29 Samoset St./Map 13, Lot 12
Marlete Rocha presented her request for a special permit for use in order to convert an existing office space to a beauty salon.
Valerie Massard explained that there would be no changes to the buildings exterior and there is adequate parking for the use.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals; the vote was unanimous (5-0).
BOA 3593 – Luciano Noselli
11 Russell Ave./Map 10, Lot 14A-Z
Luciano Noselli presented his request for special permits to waive the side setback requirements and to enlarge a non-conforming structure in order to construct an attached one-car garage.
Valerie Massard noted that the lot was created prior to zoning and the proposed garage with breezeway would be in keeping with the neighborhood.
Larry Rosenblum asked what the petitioner intends to do with the second floor of the garage.
Mr. Noselli replied that the second floor of the garage would be used for storage.
Bill Wennerberg asked whether the neighbors were supportive.
Mr. Noselli stated that Mr. McGrath who is a direct abutter and has an existing garage close to where his would be constructed and the other neighbors are supportive.
Marc Garrett asked if the petitioner would be opposed to a condition that the second floor of the garage be restricted from dwelling use.
Mr. Noselli stated he would not be opposed to limiting the use of the second floor of the garage as living space.
Larry Rosenblum moved to recommend approval to the Zoning Board of Appeals subject to the following condition:
The second story of the garage is proposed as storage by the Petitioner, and shall not be connected to the single-family dwelling for the purposes of living space.
The vote was unanimous (5-0).
BOA 3594 – Brian & Maureen Dunn
5 Avenue B/Map 45A, Lot 56
Mark Flaherty, Flaherty and Stefani, Inc., presented a request for special permits to rebuild and alter, enlarge a nonconforming structure and to waive the front/side setbacks in order to demolish the existing two-story dwelling and shed and rebuild a three-story dwelling on the property. The proposed dwelling will be constructed on a similar foot print as the existing dwelling, but will be moved back from Avenue B by 6.7 feet and moved from the existing encroachment on the neighbor’s property to have a 1 foot side setback. The height of the proposed structure will be 34 feet (the existing structure is 29 feet). The existing shed at the rear of the property will be demolished to allow for the installation of a new septic system and the existing asphalt driveway will be relocated. Mr. Flaherty noted that the
immediate abutter is supportive and nine neighbors have written letters of support for the project.
Valerie Massard stated that the existing structure encroaches on the abutting property by 4 feet and the proposed structure would be an improvement to the setback requirements. During a site visit, the abutter expressed his support for the project. The proposed structure will be in compliance with building codes and the Title V septic system will be in compliance with Board of Health regulations. Ms. Massard suggested that the bedroom count remain at three and that the proposed decks should not be enclosed without further review by the Board of Appeals.
The Board requested that the proposal be presented to the Manomet Village Steering Committee.
Paul McAlduff moved to recommend approval to the Zoning Board of Appeals subject to the following conditions:
The Petitioner has agreed that the total bedroom count for the lot shall be no more than three (3) bedrooms, and a note to this effect shall be added to the plans.
The Petitioner stated that the driveway will be relocated on the property, and a note to this effect shall be added to the plans.
The porch/decks shall not be enclosed or converted to year-round living space without further review by the Board of Appeals.
The vote was (4-1) with Marc Garrett in opposition.
BOA 3591 – Reliable Fish Co.
Town Wharf/Map 14A, Lot 12B
Atty. Edward Angley presented a request for special permits for a specialty shopping center subject to EDC, for restaurants and outdoor eating facilities subject to EDC, to waive the rear setback requirements and to waive or reduce off-street parking in order to change the use from a wholesale fish operation to a restaurant and gift shop use. Atty. Angley stated that modifications to the original plan that was submitted include elimination of a food storage unit at the rear of the structures, elimination of the ground level outdoor seating, relocation of the existing dumpster and the addition of parking spaces on the site.
Jon Henson presented the revised site plan. The revised plan showed an existing structure that will be used as a “take-out” restaurant with a deck for walk up customers and an existing structure for use as a kitchen, indoor/outdoor dining area, bar, and a small retail component. Handicap accessibility has been provided to the larger structure. The proposed dumpster area and outdoor seating on the road side of the structures has been replaced with two parking spaces. The dumpster has been relocated to the rear of the buildings. One of the outdoor food storage units has been eliminated to allow for the relocation of the dumpster and additional parking. The area in front of the buildings, along the roadway will be maintained as a fire lane and a pedestrian walkway will be provided that will
link with the existing sidewalk. Plantings and planters as shown on the plan will be retained.
Larry Rosenblum asked if there was any new construction proposed and what the terms of the lease were.
Mr. Henson stated that there would be no new construction.
Atty. Angley noted that the existing structures were renovated prior to obtaining special permits for a change of use and a change in the lease. He stated that the current lease expires in June 2011 and they are working with the Town to renew the lease.
Marc Garrett asked if there were two separate vendors for the proposed restaurants.
Atty. Angley replied that the restaurants would have separate vendors and a third vendor would operate the retail space.
Tim Grandy asked if the Fire Dept. has reviewed the revised plan.
Atty. Angley replied that the Fire Dept. suggested providing parking spaces on the southern side of the site and/or at the rear of the site instead on the water side as originally proposed.
Valerie Massard stated that parking and renovations of the pedestrian circulation are key issues. Ms. Massard noted that several proposals for the renovations of this site have been presented throughout the years. Ms. Massard stated that the renovations to the buildings were permitted with the exception of the decks, but the change of use was not addressed. DPW requested installation of a sidewalk with granite curbing. The petitioner has offered to paint a sidewalk. Ms. Massard noted that the Town’s parking policy allows for waivers of parking and/or payment of parking fees. The maximum parking fee for this project would be $13,500.
Marc Garrett asked if the shaded area shown on the plan was the leased area.
Atty. Angley stated that the leased area is not clearly defined.
Tim Grandy asked when the lease would be finalized and when the lease area would be defined.
Lee Hartmann stated that the lease won’t be finalized until after the Zoning Board of Appeals (ZBA) makes a decision regarding the change of use. However, the Board of Selectmen did authorize the petitioner to file with the ZBA.
Mr. Garrett suggested that there might be some compromise between the granite curbing and the painted sidewalk that would better address pedestrian circulation and safety. He asked how many parking spaces were needed under the current proposal.
Ms. Massard stated that a total of thirteen parking spaces are required (four spaces are grandfathered) creating a deficit of nine parking spaces. Four of the nine spaces could be provided for on site.
Jay Kimball, Wood Seafood, spoke in favor of the project.
Larry Rosenblum moved to recommend approval of the revised plan to the Zoning Board of Appeals subject to the following conditions:
The Planning Board recommends that no parking be required at the site, in order to maximize the open space at the site. The Board recommends full payment into the parking fund in lieu of on-site parking, based on the final seating plan less the four grandfathered spaces, to be made prior to issuance of the use permit. According the Planning Board’s calculations: the Petition shows a total of 38 seats, which would require 13 parking spaces. After accounting for the four grandfathered spaces, a total payment for nine (9) parking spaces shall be paid into the parking fund, in the amount of $13,500.00 unless otherwise adjusted due to revised seating arrangements/final site plan or as may be adjusted by the Board of Appeals.
The Planning Board fully supports the concept of enhanced pedestrian safety on the wharf; however, the Planning Board recommends against both the painted sidewalk proposed by the Petitioner and against the Town Engineer request for vertical granite curbing with a paved sidewalk in this vicinity. The sidewalk will reduce available area in a critical turn on the Wharf, due to the variety of vehicular uses and relatively narrow distance (estimated 20 feet) between Wood's Seafood and the petitioner's lease area, which currently accommodates a variety of trucks which regularly travel in both directions, pedestrian foot traffic, vehicular traffic in both directions, and maneuvering vehicles due to the proximity of parking and the wharf at this corner. The painted sidewalk, in the alternative, does little to offer adequate safety
for pedestrians. The Planning Board encourages the Petitioner, Town Engineer, Fire Chief and other Town officials to coordinate an alternative to provide pedestrian safety, such as the use of bollards placed in strategic locations.
Prior to issuing a use permit or further building permits: All work is subject to prior approval by the Board of Selectmen, and negotiated lease changes as necessary, and shall include a clear understanding of how the lessee shall retain the travel lane and maintain pedestrian and vehicular safety in the new lease. There shall be a revised lease plan, suitable for recording at the Plymouth Registry of Deeds, which may also serve as the revised site plan, which shall be suitable for recording, expressly including the details that will retain the travel lane, and shall include details of pedestrian and traffic flow, parking and rounding at the northwest corner to improve access with due consideration of the Memorandum dated July 6, 2010 from the Department of Public Works (see file) and the recommendations of the Fire Department
(see Memorandum dated June 17, 2010 in file) to the satisfaction of the Board of Selectmen.
The Fire Chief, Town Engineer, Town Manager’s office and Planning Board, as well the owner of Wood’s Seafood located adjacent to this site, have all expressed concern about pedestrian and vehicular safety and ability to maneuver and turn in the area of the subject site and the Wood’s Seafood site. Trucks, automobiles and pedestrians share this access area with each other and with parking, the extension of the wharf, and deliveries being made on a daily basis. The Petitioner has a proposed five-foot (5’) painted pedestrian walkway just outside of the lease lines along the southerly and easterly of the site. The Town Engineer, for safety reasons considering the proposed locations of the outdoor seating and vehicular traffic patterns, would prefer to see a (vertical) granite-curbed
6-foot (6’) sidewalk, rather than paint. The Petitioner’s representative has indicated that a condition requiring materials other than a painted sidewalk would be unacceptable; however, this or other alternatives could be negotiated by the Town as part of the terms of the upcoming lease renewal/extension negotiations, or in the alternative, the outdoor seating in areas deemed hazardous by the Town Engineer and Fire Chief could be eliminated as a condition of approval for the change in use, if granted, which would reduce the required off-street parking deficit favorably for the Petitioner.
Prior to issuing a use permit or further building permits:
- A revised site plan, (or lease plan as described in Condition #1 if it includes the following details in this paragraph) shall be submitted to the Board of Appeals for final approval that shows lease lines, and provides dimensions for the: buildings, POST FACTO decks, proposed dumpster, food storage container and all fencing; details and design of proposed screen fencing; indoor seating counts and outdoor seating count; firm parking space configuration on the site, if any; and setbacks from lease lines. Recommendations of the Design Review Board shall be met to the satisfaction of the Board of Appeals, if any. The revised plan shall reflect the agreed-upon mechanism for pedestrian safety and maintaining open travel lanes for vehicular safety as established through the revised lease agreement with the Board of Selectmen.
- Payment into the parking fund in the amount of $13,500.00, or as otherwise established by the Board of Appeals through this decision, for the waiver of off-street parking must be adequately demonstrated to the Building Commissioner.
- Evidence of appropriate approvals from the Department of Public Works with regards to Street Opening Permit (if applicable), Sewer Bank flow and water issues will be provided to the Building Inspector prior to issuance of a Building Permit.
Drainage design and foundation information will be submitted to the satisfaction of the Building Commissioner.
Signs will comply with the Bylaw or additional permits will be required.
The vote was unanimous (5-0).
Tim Grandy moved to adjourn at 8:45 p.m.; the vote was unanimous (5-0).
Respectfully Submitted,
Eileen M. Hawthorne Approved: August 16, 2010
Administrative Assistant
| 
