Minutes March 22, 2010
Regular Meeting
Planning Board Agenda for Monday, March 22, 2010
7:00 PM94 Derby Street – Derby Street Shoppes Special Permit A3 and Site Plan Review
8:00 PMContinuation of Public Hearing on Proposed Amendment to the Zoning By-Law to Create a Recreational Field Overlay District
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Present: Planning Board Members, Judy Sneath, Chairman, Paul Healey, Clerk, Sarah Corey, and Gary Tondorf-Dick.Also present was Planner Katharine Lacy.
7:0094 Derby Street – Derby Street Shoppes Special Permit A3 and Site Plan Review
Present for the Applicant: Robert Frasier, and Carolyn Kennedy, W/S Development Associates, and Anthony Ackil, owner, b.good restaurant.
The Applicant proposed to renovate the interior of the existing 2,556 sq. ft. space between AZ Studios and Crewcuts to accommodate “b.goods,” a casual restaurant featuring “healthy” burgers, etc.Mr. Frasier indicated that they had originally envisioned this site for retail use, but that it has been vacant since the Derby Street Shoppes opened
The building interior will be fitted out with a commercial kitchen for food preparation and a dining area. The grill will be fitted with a special hood that will be regularly maintained to absorb cooking smells. Modifications to the front elevation of the building will include the addition of an awning and new signage. There will be no modification to the Site Plan. Rubbish will be stored and picked up in a dumpster to the rear of the store, with access via the existing service road. Delivery vehicles will also use the service road and back door for access.
The restaurant will accommodate 60 diners, which, with the 15% shared parking reduction granted to Derby Street Shoppes in their Special Permit A2 will require a total of 17 parking spots. The applicant provided an updated parking inventory chart showing that this will bring the total number of dedicated parking spaces at Derby Street Shoppes from 2008 to 2014, leaving an 8-space surplus.
Based on this analysis, Board members determined that a Special Permit A3 is NOT required, as sufficient parking is provided.
It was moved, seconded and SO VOTED to approve the Site Plan Review for b.good restaurant at Derby Street Shoppes.
8:00 PM Continuation of Public Hearing on Proposed Amendment to the Zoning By-Law to Create a Recreational Field Overlay District
The Planning Board continued the Public Hearing on the proposed amendment to the Zoning By-law to create an overlay district encompassing 18.61 acres of Town-owned land on Ward Street. The purpose of the Overlay District would be to establish a district in which certain lighting structures accessory to active recreational sports fields can be constructed.
Steven Von Schiller, Senior Electrical Engineer for Tetra Tech Rizzo presented a revised draft by-law, with a focus on shifting from subjective criteria to more objective, measurable criteria. The modified draft submitted requires that lighting installations be designed to meet or exceed the illuminance values as recommended for the specified level of activity by the IESNA.
Major points of discussion were 1) the maximum number of foot candles permitted during games vs. practices; 2) illuminance values at the property line and 3) distance of the light poles from abutting properties.
By the end of the meeting the Board had come to consensus with the proponents over most aspects of the article. Mr. Tocchio agreed to revise the article and resubmit it to the Board for a final review at the next meeting, which would be either March 29 or April 5.
Old New Business
1. Minutes of Feb 22, March 1, March 8, and March 15
2. 14 Main Street – Bruno Graizzaro
Request to Withdraw Application for Special Permit A3-Parking Waiver, without prejudice.
Board members voted TO GRANT the requested withdrawal without prejudice.
3. 26 Summer Street – B&K Enterprises, LLC
The Board considered a request from the Zoning Board of Appeals per Section I-I-C of the Zoning By-law to modify Condition #2 of the Site Plan Approval issued by the Planning Board on March 1, 2010 as follows:
Removal of the “44-slip Marina” limit and replacement with the following phrase: “a minimum of 1 parking space shall be required for every two marina slips allowed.”
Board members reiterated their concern that at the initial public hearing on February 22, 2010
the applicant had presented plans for the property to the Board and others at the hearing showing retention of the existing structures, and the operation of a 44-slip marina, with no mention of the possibility of expanding the marina in the near future. Board members noted that their concern was not that the applicant would pursue such expansion, but that they had only brought it up after the public hearing had closed, thus circumventing the possibility of public input and, specifically, the input of the Harbormaster, who the Board had specifically asked to attend the initial hearing and who was not in attendance when the applicant returned to the Board to ask for the subsequent modification. Board members concluded that the applicant was welcome to return with requests for further modifications to the Site Plan for consideration at future public meetings.
Board members voted to not reconsider the conditions enclosed in the March 1 Site Plan approval.
The meeting was adjourned at 9:45 PM
Respectfully Submitted,
Katharine T. Lacy, Town Planner