Scheduled: 
 7:00 PM 6 Station Street-Continuation of Public Hearing on Special       Permit A3  
 Unscheduled: Old/New Business
     ________________________________________

Present: Planning Board Members, Judy Sneath, Chair, Sarah Corey, Clerk, Paul Healey, Susan
Murphy, and Gary Tondorf-Dick.  Also present was Planner Katharine Lacy.

RE:  6 Station Street-Continuation of Public Hearing on Special Permit A3 
Present for the Applicant: Zoning Consultant, M.J. Shultz, and owners Margaret Walker and Hans Dietrich.

M.J. provided a revised sketch site plan to all of the Board members.

Hans Dietrich explained that they had decided to reduce the size of the building from 8,778  square feet to 5,870 square feet. The building footprint was reduced through modifications to the Station Street entry area, as well as a slight reduction in the overall length of the building. At the Station Street entrance, a portion of the building was removed, and a landscaped, fully accessible outdoor entry plaza was created immediately adjacent to the handicapped parking space. The formalization of this entry was intended, in part, to signify that it was a "main entrance" and would, therefore, comply with the ADA requirements that the main entrance be handicapped accessible. The revised entry area also included a tree located immediately adjacent to the parking area, which would address the requirement to provide one tree per every ten parking spaces. The designation of the Station Street entrance as a main entrance would also reduce noise impacts on the adjacent residences on North Street, by drawing activity away from the property's North Street frontage. The doorway on North Street would be for people leaving the building only.

Other changes to the Site Plan included an increase in the size of the Biergarten from 1,385 to 1400 square feet, as well as an increase in the size of the Wintergarten from 385 square feet to 441 square feet.

Mr. Dietrich went on to say that they had also determined that, given the reduction in the size of the building that they were planning on having 150 year-round, indoor seats, with an additional 35 seasonal outdoor seats in the Biergarten. Hans stated that it was their hope that the provision of an outdoor seating area would offset the documented reduction in restaurant business downtown during the summer months. He stated that at this size the restaurant would not be too big, but would be financially feasible.  He also pointed to the Planning Board and ZBA's recent decision regarding the Snug, which allowed for the construction of a seasonal outdoor seating area with no corresponding reduction in the number of indoor seats. Finally, he noted that the provision of outdoor seating (which would raise their overall total seating number to 185) also corresponded to an increase in the amount of available parking in the Station Street, as documented by the recent parking counts conducted by Jeff Dirk as part of the ongoing Downtown Parking Study.

Ms. Corey asked how this change to the Site Plan should be handled in light of the fact that the Board already voted to approve an earlier site plan on November 24 (though the decision had not yet been completed).  M.J. Shultz suggested that the Board should go ahead and complete their original site plan approval, and provide it to the ZBA so that they can vote on the A2. Then, when the revised plans were completed and approved by the ZBA, the applicant would return to the Planning Board for a modification in the Site Plan Approval to reference the modified plan.

Ms. Murphy also suggested that Ms. Lacy send a memo to the ZBA with the Site Plan Approval  indicating that the applicant was planning on modifying the site plan as discussed at tonight's hearing.

Gary Tondorf-Dick asked whether the general location of the programmatic activities within the restaurant would remain the same, and Mr. Dietrich concurred. Ms. Corey asked whether the seats would remain outside all year, and Margaret Walker responded that they might stack and cover the outdoor furniture during the winter. Paul Healey asked about outdoor lighting during the winter months. M.J. Shultz and Hans responded that they were considering providing landscape lighting for indoor diners to look out at. Ms. Murphy reminded the group that the applicants had not yet prepared a lighting plan, and that the provision of a lighting plan for the review and approval of the Planning Board was a condition of Site Plan approval.

Gary Tondorf-Dick commented that the revisions to the Site Plan appeared to ameliorate potential noise impacts on abutting residential properties, in that the Biergarten and main entry area was shifted further to the south, away from abutting residences. Gary TD asked further about whether there would be live music outdoors, and Hans responded that this would only be allowed through a one-time license from the Zoning Board of Appeals.

Board members turned their attention to the requested parking waiver. They decided to consider the parking waiver needed to provide 150 year-round seats first, and then to move onto the request for an additional waiver for the 35 outdoor seasonal seats.

Board members calculated that, taking into account the 25% reduction provided in Business A, the restaurant would require 38 off-site parking spaces. Because the site plan shows only 11 parking spaces, the waiver being requested was for 70% of the required parking, or 27 spaces.

Ms. Murphy noted, for the record, that over the past summer Carolyn Daly, an intern working at Town Hall, had been charged with conducting research on the historical intent behind, and chronology leading up to the creation of the Station Street parking lot at the former site of the tidal Mill Pond.  In summary, the Station Street lot was created 1) to address the public health concerns about stagnant water in the Mill Pond, and 2) to create a safe off-street parking area for businesses in the "Cove" portion of downtown.

Board members reviewed the findings presented by Traffic Consultant Jeff Dirk in his November 24, 2008 memo. Mr. Dirk stated that there are approximately 281 off-street parking spaces located within walking distance to the project, 244 of which are located within the Station Street parking lot. Parking demand observations conducted on Friday, October 24, 2008 and Saturday, November 1, 2008 indicate that approximately 66 percent of the available public parking spaces are utilized during the peak demand period (Saturday evening between 7:30 and 8:30 PM). This would leave approximately 96 parking spaces, 81 of which are located at Station Street, available to accommodate additional future parking demand. The unmet demand of the Project (27 spaces) represents 28% of the available parking spaces within walking distance; and 33% of the available spaces in the Station Street lot.

In terms of parking demand during the summer hours, no night-time counts were taken as a part of the parking study. That said, the daytime peak hour (1:00 PM to 2:00 PM) in August showed a significant reduction in parking demand from that documented in the fall, from 158 spaces to 111, or a 30% decrease in demand. It was unclear to the Board whether there would be a corresponding nighttime reduction in the summer, though, based on anecdotal information it certainly does appear that there are less indoor restaurant customers in the summer months.

Gary Tondorf-Dick expressed concern that parking demand stemming from the restaurant would have a disproportionate impact on the western end of the Station Street parking lot, and the businesses that currently use this area. Ms. Murphy pointed out that, based on concerns voiced at the last meeting by John Heapes (owner of the building including the Sub Galley, the barber shop, the beauty parlor, the dry cleaner and the Christian Science Reading Room) the Planning Board had successfully petitioned the Selectmen to designate four of the eight parking spaces in front of the Sub Galley parking as 15 minute spaces.

Ms. Murphy made the point that while a 70% waiver sounded very large, the size of the waiver was less important than the relative impact that such waiver would have on the supply of available parking in the area. Because the Station Street lot was located immediately adjacent to a large public parking lot with an adequate supply of available parking, this waiver would have less of an impact than a similar request in an area with no available off-street parking.

Paul Healey asked whether this waiver would set a precedent for other buildings in Business A that might not be located in close proximity to Station Street. Ms. Murphy noted that the 6 Station Street site was fundamentally different from, say, the Lincoln Building (at South and Main) in that it would not be realistic to assume that anyone would walk from Station Street all of the way to the Square. Ms. Murphy pointed out that in the parking study being prepared by

Jeff Dirk, the Square was divided into specific zones based on realistic walking distances. Paul Healey pointed out that drawing a distinction between the Cove and the Square would represent a different approach to addressing parking in the Business A District downtown than that set forth in the Zoning By-Law.

M.J. Shultz noted that she had been thinking about how this project could, in fact, be distinguished from other future projects which might request a similar level of parking relief. The standards that she identified where 1) the project contributes to Town plans and design goals; 2) the applicant has worked with the Town and been willing to change the plan to reflect Town concerns, and 3) the project is in close proximity to a public parking area.

Judy Sneath pointed that an exception could be made to this approach in terms of employees from the Square area, who had specifically been asked to park at Station Street and were currently doing so (and were doing so when the parking counts were conducted) with relatively little impact on the available parking.

Several downtown residents spoke in favor of the project, indicating that they felt that the attractive development of the site would benefit the area more than it would detract. Susan Sullivan, former Economic Development Consultant to the Town, indicated that a restaurant, like the movie theatre, was considered a "destination location" in that people came to the area specifically to go there, but then often stayed and did other errands. She explained that other, smaller businesses depended on businesses like this to get customers.

Susan Murphy indicated that she had considered the matter at length, and determined that despite concerns that this particular business would be taking up more than its fair share of the off-street parking, she concurred with the Applicant that it would not make sense to have parking spaces sitting unused in wait of a future use that may or may not happen. Sarah Corey noted that the project supported Town planning goals for the Square, and expressed her happiness that the Applicant was a local resident instead of a chain restaurant. Judy expressed concern about the potential negative impacts stemming from light and noise, but acknowledged that these issues would be handled by the ZBA. Board members discussed the possibility of drafting a memo to the ZBA with recommendations regarding hours of use, noise and light levels.

Board members reviewed all of the design standards for off-street parking set forth in Section V-A of the Zoning By-Law, and found the parking lot design to be in compliance.

Paul Healey asked whether the one handicapped accessible parking space would be sufficient. Mr. Dietrich responded that the number or handicapped parking spaces was determined by the size of the lot rather than the amount of overall parking provided. Paul asked whether other handicapped spaces were available, and people in the audience identified a variety of spaces including two in the Station Street lot, one in front of the Sub Galley, and two on North Street.

Board members took a straw poll on whether they would approve the waiver required to allow for 150 seats (a waiver of 27 spaces). All present voted in favor.

Board members went on to discuss the additional request for 35 outdoor seasonal seats in the Biergarten. This would represent a waiver for the requirement for 8 additional parking spaces. Based on the reduction in daytime parking demand documented in the summer months, Board members felt comfortable with this request during the daytime hours (though Judy brought up the point that the reduction in Station Street may well reflect the fact that the post office employees park at Station Street) but were less clear whether this would reflect a similar reduction in the summer weekend evening parking demand.

Sarah Corey polled the Board as to whether they would approve the request for an additional waiver from the requirement for eight additional seats to serve the outdoor seating area.

Gary Tondorf-Dick stated that he was in favor for the proposal, but expressed concern that the proposed size "exceeded a threshold point in terms of density, use and intensity in the summer time". He noted that the summer was a time of year when abutters would have their windows open, and would want to enjoy their yards, and the larger size of the restaurant could have potentially negative impacts in terms of noise, light and activity. Susan Murphy pointed out that whether the overall seat count was 185 or 150, that there would be at least 35 outdoor seats in the summer, so the impact would be the same. She also noted that the noise outdoor or indoor would be regulated by the ZBA. Sarah Corey asked the Board if there were any specific
recommendations that they could offer the ZBA relative to noise. Ms. Murphy suggested that the Board may want to suggest to the ZBA that they place special emphasis on noise control (from the outdoor sound system, a live band, or just general activity) when making their conditions.

Ms. Murphy noted that the original plans showed a "music area" on the third floor adjacent to North Street that could be heard by North Street abutters. Margaret Walker indicated that this music area was actually only intended for a single piano, and that was not longer shown on the plans.

Susan Murphy made a motion that the Board move to grant the application of Six Station Street, LLC for an A3 Special Permit–parking waiver as follows: a waiver from the requirement for 27 off-street parking spaces to serve 150 year-round indoor seats, and an additional seasonal waiver for the eight spaces serving the 35 seats to be located in the Biergartern, subject to the following requirements:

1. Prior to the issuance of a building permit, a Site Lighting plan must be delivered to Planning Board for review and approval.
2. Deliveries and pick-ups shall be limited to the Station Street entrance to the building.
3. There shall be no customer drop-off or pick-up at the North Street and upper Station Street entrance to the building;
4. The parking area will be kept clear of snow; snow will be removed to an off-site location in accordance with the Operation and Maintenance plan dated November 18, 2008

The motion was seconded and SO VOTED unanimously.

The hearing concluded at 9:10 PM

Respectfully submitted,

Katy Lacy
Town Planner

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