December 16, 2013
Minutes
These minutes are not verbatim – they are the secretary’s interpretation of what took place at the meeting. - Open Meeting Law, G.L. c. 30A§22.
Board Members: Marc Garrett, Paul McAlduff, Tim Grandy, and Malcolm MacGregor
Planning Board Alternate: Ken Buechs
Staff Members: Lee Hartmann
Recording Secretary: Eileen Hawthorne
Administrative Notes:
Minutes*:
December 9, 2013
Malcolm MacGregor moved for the Board to approve the minutes of December 9, 2013 as presented; Tim Grandy, second; the vote was (3-0-1) with Marc Garrett in abstention.
Form A Plans: None
ZBA 3730 – Camille Giles
137D Taylor Ave, Map 45C, Lot 49-B
Special Permits to waive front, side and rear setbacks and to move a non-conforming structure
The Board received the following documentation* for review of this case:
Staff Report
Comments from the Manomet Village Steering Committee dated December 6, 2013
Engineering Dept. Comments dated November 26, 2013
Fire Dept. Comments dated December 2, 2013
Locus Map and Site Photographs
Site Plan dated November 15, 2013
Lee Hartmann presented the request for Special Permits in order to relocate and elevate on pilings an existing single family seasonal structure. The existing structure is partially located on an abutting property. The relocation will decrease the non-conforming nature of the structure and the elevation will raise the structure above flood levels as determined by FEMA.
Malcolm MacGregor asked whether there would be any changes to the septic system.
Mark Flaherty, Flaherty & Stefani, Inc., stated that a new septic system will replace the existing cesspool.
Paul McAlduff asked if a tight tank septic system was considered.
Mr. Flaherty explained that the State only allows the tight tank system if there are no other alternatives.
Tim Grandy asked if a low nitrogen loading septic system was considered.
Mr. Flaherty stated that the low nitrogen loading systems are approximately $15,000 more than a standard septic system and also need to have monitoring inspections four times a year at a cost of approximately $250 per inspection which makes it cost prohibitive for a seasonal dwelling.
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals; Malcolm MacGregor, second; the vote was unanimous (4-0).
ZBA 3731 – Paul and Mary Provencher
10 Red Fox Lane, Map 45A, Lots 94-11 and 94-12
Special Permits to waive front setback requirements and to move a non-conforming structure
The Board received the following documentation* for review of this case:
Staff Report
Comments from the Manomet Village Steering Committee dated December 6, 2013
Engineering Dept. Comments dated December 4, 2013
Fire Dept. Comments dated December 2, 2013
Locus Map and Site Photographs
Site Plan dated November 15, 2013
Lee Hartmann presented the request for Special Permits in order to relocate an existing single family structure. The existing structure encroaches into Red Fox Lane by 3 ft. The relocation will decrease the non-conforming nature of the structure and eliminate the encroachment on Red Fox Lane.
Marc Garrett moved for the Board to recommend approval to the Zoning Board of Appeals; Malcolm MacGregor, second; the vote was unanimous (4-0).
ZBA 3732 – On the Tee, Russell Quigg
278 Court Street, Map 9, Lot 54
Special Permit to change from one non-conforming use in a R20SL zone (retail) to another non-conforming use (eating and drinking establishment) in order to operate an indoor golf facility
The Board received the following documentation* for review of this case:
Staff Report
Interior Layout Sketch
Locus Map and Site Photographs
Handout: Letter from Peter Petersen dated November 4, 2013
Lee Hartmann presented a request for special permits in order to operate an indoor golf simulator facility with snack bar. When the business owner applied for change of location for his existing alcohol permit a discrepancy with the existing zoning permit was discovered. The front portion of the building is located in a General Commercial zone and the rear portion of the building is located in a R20SL zone. Mr. Hartmann noted that some neighbors have voiced their concerns regarding having a bar or nightclub in a residential zone. The business consists of four golf simulators and a snack bar with seating for 20 patrons. The request for the beer and wine license is to serve patrons using the simulators only. Mr. Hartmann stated that the business is a small recreational use with a minimal eating
and drinking establishment (snack bar).
Marc Garrett stated that he observed the business practices for On the Tee when it was located in the Jungle Plex building. Mr. Garrett noted that the use is unique and there were never any issues with the business and the owner runs a clean and quiet operation. He was concerned that there was no recordable plan for the project.
Other Board members agreed that a site plan should be submitted.
Malcolm MacGregor moved for the Board to recommend approval to the Zoning Board of Appeals with a condition that an engineered site plan be submitted; Marc Garrett, second; the vote was unanimous (4-0).
The Board took a short recess.
The meeting resumed at 7:30 p.m.
B581 – The Residences at Waverly Oaks (cont. from 11/25)
Modification of RDD Special Permit; Definitive Subdivision for Phase One; Inclusionary Housing and Transfer of Development Rights
Seated: Paul McAlduff, Bill Wennerberg, Malcolm MacGregor, Kenneth Buechs, and Marc Garrett
The Board received the following documentation* for review of this case:
All documentation received at the November 11, 2013 meeting
Handout: Letter from Atty. Edward Angley dated December 16, 2013
Atty. Edward Angley informed the Board that he submitted a letter requesting that the Transfer of Development Rights be withdrawn at this time. Atty. Angley requested that the public hearing be continued for a full Board. Atty. Angley agreed to give an extension of the decision timeline if needed.
Marc Garrett moved for the Board to approve the request that the Transfer of Development Rights be withdrawn without prejudice; Malcolm MacGregor, second; the vote was unanimous (4-0).
Marc Garrett moved for the Board to continue the public hearing to January 6, 2013 at 7:05 p.m.; Malcolm MacGregor, second; the vote was unanimous (4-0).
Other Business:
“Topics not reasonably anticipated by the Chair 48 hours in advance of the meeting.”
1820 Courthouse Update
Marc Garrett informed the Board that the committee would be meeting on Wednesday, December 18, 2013 to continue working on the public relations presentation.
Correspondence: None
Tim Grandy moved for the Board to adjourn at 7:35 p.m.; Malcolm MacGregor, second; the vote was unanimous (4-0).
Respectfully Submitted:
Eileen Hawthorne Approved: January 6, 2014
Administrative Assistant
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