Date: April 8, 2004
Time: 7:30 PM
Location: Town Hall Meeting Room
Attendees: Steve Rose, Chair, David Rowell, William Nicholson, Peter Watts, Jeffrey Stewart, Charles Amsler, Robert Hankey, Trevor Pontbriand, Sibel Asantugrul, and Christine Bates, Committee Secretary
Public Hearings:
7:30 #04-08, Rodolphe G. Bessette, 2683 State Highway, Map 15, Lot 129, Application for Special Permit: Convert three (3) bay repair shop into a full convenience store. The Board consisted of Steve Rose, David Rowell, Robert Hankey, Peter Watts, and William Nicholson. Jerry Bessette distributed a letter from the board of Health, along with floor plans, and signage material. All potable water will be supplied by the Mobil Corporation. The
Mobil currently has a permit for a convenience store. David Rowell stated there is no clear definition of a convenience store in the bylaws. He suggested this be classified as “Restaurant, Drive-In”, which is defined as Premises where meals and other items of nourishment and refreshment are offered for sale, and where any portion of these are consumed or intended to be consumed off-premises or within cars parked on the premises. David Rowell read the letter from Victor Staley, Acting Building Commissioner dated February 19, 2004. Further discussion took place regarding the definition of use for this property. Steve Rose stated if Jerry wanted to expand the use to a drive-thru, he would have to come back to the Board. Jerry stated he
has no immediate plans for that activity. Jerry stated part of the addition to the building in the back will be removed. Charlie Amsler asked if there was a letter from DEP regarding the potable water. They may have concern about the water on the property (washing any dishes, washing hands, etc. with well water which might contain pollutants). Robert Hankey Moved to write a letter to the Board of Health with concerns; Seconded by David Rowell, Passed 5-0.
Another concern to the Board was parking and traffic issues. No site plan was provided, depicting parking areas. Steve Rose Moved to write a letter to the Chief of Police in regards to the traffic issue; Seconded by William Nicholson, Passed 5-0.
It was noted there are two plans for the inside of the store. The Board is to utilize the plans attached to the application and not the plans attached to the letter from Emily Beebe from the Board of Health.
Judith Smith, owner of the Texaco station, was in the audience and stated she was interested in the case. David Rowell read Emily Beebe’s letter dated April 5 regarding the septic system and the use of bottled water. A discussion took place regarding the Liquor License. Mr. Bessette stated liquor is not to be consumed on the premises, and the store stops selling alchol at 11:00 pm.
Questions were raised about the dumpster and where it will be located, as well as the temporary steel storage structures. The Building Inspector stated there may be a need for a permit due to their size (10’ x 20’). Paul Murphy to investigate. The Board also asked Mr. Bessette what the storage units contained, and if there were hazardous materials involved. The Board requires a site plan showing the parking sites. The Board also requires more details on proposed sign to include dimensions. Mr. Bessette stated there would no change in the external lighting.
The Building Inspector was asked about the additions on the back of the building. He felt due to passage of time, it would be grandfathered. In regards to the use of the building, he felt the existing permit would be sufficient because there will be other items being sold than just food and beverages.
Due to the additional information required, Steve Rose Moved to continue the case to May 13; Seconded Robert Hankey, Passed 5-0.
Trevor Pontbriand stated he had attended the Local Comprehensive Committee meeting. Jeffrey Stewart volunteered to be the alternate member. The Committee will me the 1st and 3rd Tuesdays at 7:00 pm.
Steve Rose reported that one of the findings in the Irmgard Boriskin case was amended in the Decision. The finding stated “a major reduction in intensity of use from a 70 person restaurant to a two bedroom home”. After investigation, it was determined the license for a restaurant was expired. The meeting minutes of March 25, 2004 will be affected by this information. The Board also agreed if stamped plans were not available, no Decision would be done, and the hearing would be continued. Steve Rose Moved to eliminate the statement regarding the reduction in intensity of use from a 70 person restaurant to a two bedroom house in the Decision as well as making notation that the meeting minutes of March 25, 2004 were incorrect; Seconded by Charles Amsler, Passed 9-0.
Paul Murphy, Inspector of Buildings, then came to the table and a discussion took place regarding several different issues, including bylaw definitions, interpretations, etc.
Robert Hankey Moved to adjourn the meeting at 9:27 pm; Seconded by Steve Rose, Passed 9-0.
Respectfully submitted,
__________________________ ________________________
Christine A. Bates Steve Rose
Committee Secretary Committee Chair
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