Zoning Board of Appeals Minutes April 28, 2016

Transcription

1 Chairman Darrin DeGrazia, Norman Diegoli, Dr. Edward Braun, Joseph Freitas, and Liz Elgosin were present. 7:30 P.M. Minutes VOTED: to approve the minutes of April 14, Unanimous Vote. 7:30 P.M. Charlene Kujanpaa Wall Street Steven Kujanpaa, 10 Shaw Avenue informed the board that they are requesting an accessory apartment for his daughter Colleen Thomas over the existing garage under. Chairman Darrin DeGrazia asked what the total amount of bedrooms will be. Steven Kujanpaa said five. Liz Elgosin asked if the house is built. Steven Kujanpaa said not yet. Liz Elgosin read into the record the following letters: letter dated April 22, 2016, from Robert Whalen, Building Commissioner; letter dated April 22, 2016, from Christopher Peck, DPW Director; letter dated April 11, 2016, from Joseph Silva, Water Superintendent and a letter dated April 26, 2016, from Patricia Cassady, Conservation Agent. The board reviewed the plans submitted. Dr. Edward Braun asked if he has any objections to the letters that were read into the record. Steven Kujanpaa said no. Dr. Edward Braun said this will be limited to Colleen Thomas and in the event she no longer lives there it would either have to come back to this board for a name change or convert back to a single family dwelling. Chairman Darrin DeGrazia asked if anyone wished to be heard on this matter. Hearing no comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Dr. Edward Braun and seconded by Joseph Freitas, the board VOTED: to approve the petition of Charlene Kujanpaa, 10 Shaw Avenue, Middleborough, MA relative to her request to allow for a 24 x 27 addition for an accessory apartment attached to a new proposed single family dwelling. The accessory apartment with be limited to Colleen Thomas. The subject property is located on Wall Street, Middleborough Assessor s Map 54 and lot This is approved subject to the following stipulations: 1. This is limited to Colleen Thomas. In the event she no longer resides there the applicant must come back to this board prior to renting to another party. 2. As per the plans dated November 12, 2015, drawn by J. Rogers consisting of ten (10) sheets. 3. The applicant will comply with the four (4) letters that were read into the record this evening. 4. As per the sewage disposal system design dated February 7,

2 VOTED: to adopt the following findings: 1. The proposed site is appropriate for the use and structure. 2. Water and sewerage facilities are available which will adequately service the site. 3. The use involved will not be detrimental to the established or future character of the neighborhood and Town and is subject to appropriate conditions and safeguards. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate and appropriate facilities have been provided to insure the proper operation of the use and structure. 7: 45 P.M. George Chisholm 19 Village Squire Crossing George Chisholm informed the board that they are requesting an accessory apartment above the garage for his mother Sharyn Chisholm. Chairman Darrin DeGrazia asked how many bedrooms are in the accessory apartment. George Chisholm said one for a total of four all together. Chairman Darrin DeGrazia read into the record the following letters: letter dated April 22, 2016, from Robert Whalen, Building Commissioner; letter dated April 22, 2016, from Christopher Peck, DPW Director; letter dated April 11, 2016, from Joseph Silva, Water Superintendent and an dated April 7, 2016, from Robert Buker, Health Officer. The board reviewed the plans submitted. George Chisholm said his mother will be using his kitchen and full bathroom downstairs. Chairman Darrin DeGrazia asked if anyone wished to be heard on this matter. Margaret Washburn, 12 Village Squire crossing asked if the overhang is toward the street. George Chisholm said yes the apartment will be brought out even with the house. She asked how long the construction would take. George Chisholm said approximately six (6) months. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Dr. Edward Braun and seconded by Joseph Freitas, the board VOTED: to approve the petition of George Chisholm, 19 Village Squire Crossing, Middleborough, MA relative to his request to allow for a 24 x 26 family accessory apartment to be built over the existing 24 x 24 attached garage, limited to Sharyn Chisholm. The subject property is located at 19 Village Squire Crossing, Middleborough Assessor s Map 014 and lot This is approved subject to the following stipulations: 2

3 1. This is limited to Sharyn Chisholm. In the event she no longer resides there the applicant must come back to this board prior to renting to another party. 2. As per the plans dated April 6, VOTED: to adopt the following findings: 1. The proposed site is appropriate for the use and structure. 2. Water and sewerage facilities are available which will adequately service the site. 3. The use involved will not be detrimental to the established or future character of the neighborhood and Town and is subject to appropriate conditions and safeguards. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate and appropriate facilities have been provided to insure the proper operation of the use and structure. 7: 58 P.M. Angela Cummings 275 Thompson Street Angela Cummings, 275 Thompson Street informed the board that she owns Angie s Pet Care here in Middleboro. This is a pet sitting and dog walking business in other people s home. She has been in business since 2007, and currently works for 140+ families in Middleboro. She has two part time employees working for her. All employees must go through a three week training period and have pet CPR and first aid training. Over the years she has had a lot of requests to do doggie daycare so she would like to open up her basement area, approximately 835 sq. feet, for this business. She believes it will be comfortable to have dogs depending on the size. She would do primarily daycare Monday Friday 6am to 6pm. She currently has 1,300 square feet of fenced in area that opens up from her house. If she gets approved for this she will add an additional 1,300 square feet. As far as waste goes she will be double bagging up the waste and have a dumpster service come and pick up weekly. She has a letter from Chase Veterinarian saying they will be her official vet in case of an emergency. She submitted brochures to the board of what she currently does. Chairman Darrin DeGrazia read into the record the following letters: letter dated April 22, 2016, from Robert Whalen, Building Commissioner; letter dated April 22, 2016, from Christopher Peck, DPW Director and a letter dated April 11, 2016, from Joseph Silva, Water Superintendent. Dr. Edward Braun asked if they received a letter from the Animal Control Officer. Kelly Jarabek, Animal Control Officer informed the board the department has reviewed the information provided and is in favor of approving the commercial kennel permit. The applicant asked for Animal control to visit the home before the application process to discuss her plans and to ensure everything would be in compliance with their regulations. The applicant has a responsible plan for vaccine status, cleaning 3

4 protocols, exercise, waste management, noise control and separation of dogs. The Animal Control Department has never received a complaint or concerned call regarding the applicant. Kelly Jarabek said in her professional opinion the applicant has a well thought out plan as well as an appropriate sized property to accommodate this type of growing business in a safe, humane and clean manner in compliance with the state laws and local by-laws. Dr. Edward Braun asked if it is her view that there is an adequate waste disposal plan. Kelly Jarabek said yes. Dr. Edward Braun asked about noise control. Kelly Jarabek said she is aware that any complaints that come in to animal control need to be addressed immediately. Liz Elgosin said there seems to be a very large outdoor play area with a chain link fence. She asked if she has any plans to put coverage and/or slats in the fence. Angela Cummings said she lives on top of a hill and is fully wooded. She said she has concerned it but at this point it has not been an issue. The dogs will never be outside unsupervised. Liz Elgosin said the board generally likes to see the slats so the dogs do not see the other animals and bark. Angela Cummings said she is not opposed to doing this. Dr. Edward Braun asked if she will be installing a sign or selling any products on site. Angela Cummings said no, because you can t see her property from the street. Chairman Darrin DeGrazia asked if anyone wished to be heard on this matter. Margaret Washburn, 12 Village Squire said she knows the area she is in and asked if the dirt road off of Thompson Street is a town road or does she own it. She is concerned with the deterioration on of a dirt road. Angela Cummings said it is paved. Margaret Washburn said she does not think it is. Angela Cummings said she lives there and it is. She does not know who owns it. Margaret Washburn said she is concerned because it s a dirt road, she believes it s a Middleboro road, and should they be maintaining it. Angela Cummings said it is paved; her neighbor paid to pave it, the Town did not pave it. Chairman Darrin DeGrazia said if the town is not paying to maintain it now he would assume it is a paper street or something that has been discontinued. He is not sure this is relative to the kennel request. Margaret Washburn said her concern is deterioration to a public road. Angela Cumming said there are only two houses on that way. Chairman Darrin DeGrazia said the DPW submitted a letter and he has no concerns. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Liz Elgosin and seconded by Joseph Freitas, the board VOTED: to approve the petition of Angela Cummings, 275 Thompson Street, Middleborough, MA relative to her request to allow for a commercial kennel license. The subject property is located at 275 Thompson Street, Middleborough Assessor s Map 33 lot 2713, and in the Residential Rural District. This is approved subject to the following stipulations: 1. The hours of operation will be Monday Friday 6am 6pm. 2. The fencing for the outside area shall be enclosed with either slats/fabric coverage. 3. Animal waste shall be picked up by a private dumpster company. 4. There shall be no retail sales on site. 4

5 VOTED: to adopt the following findings: 1. The proposed site is appropriate for the use. 2. Water and sewerage facilities are available which will adequately service the site. 3. The use involved will not be detrimental to the established or future character of the neighborhood and Town and is subject to appropriate conditions and safeguards. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate and appropriate facilities have been provided to insure the proper operation of the use and structure. 8:20 P.M. David Fisher 360 Wareham Street David Fisher, 154 Purchase Street informed the board that he present tonight to request an 8 covered porch within the 35 setback at the property located at 360 Wareham Street. He would like to eliminate the parking directly in front of the building as it is really a hazard, and he has major safely concerns with it. He would like to build the porch so the building looks more like a farmhouse in front. They will be adding an addition to the back and side of the property with a farm look. The covered porch is really important to the whole project to make this building look better. This place has been neglected for many years and he would like to see this in a much better place. They will be adding landscaping to the front to building as well. Chairman Darrin DeGrazia said he thinks this is a great idea to remove the parking from the front of the building. Chairman Darrin DeGrazia asked how wide the landscaping buffer will be. David Fisher said there is 8 from the porch to his property line so the landscaping will be approximately 8 wide. The landscaping will be low in nature for safety reasons. Norman Diegoli asked if they will be making changes to the entrances that might require a permit from the State. David Fisher said no. The board reviewed, in detail, the plans submitted. David Fisher said he knows they need to spend sizeable money on this project to make it look much better. He will then need to execute this as a good restaurant first and foremost. This will be called Fisher s Farmhouse Pub. This will be a pub but will always be a restaurant first. He would like to get the board s approval for this so he can move to the next level of the project. Dr. Edward Braun asked how many parking spaces he anticipates having. David Fisher said he would have at least 100. He will have functions there so he may need additional parking for that. 5

6 Dr. Edward Braun asked what the size of the lot is. David Fisher said it is a 4 ½ acre parcel. It was two lots that were combined into one. Liz Elgosin read into the record the following letters: letter dated April 22, 2016, from Robert Whalen, Building Commissioner; letter dated April 22, 2016, from Christopher Peck, DPW Director and a letter dated April 11, 2016, from Joseph Silva, Water Superintendent. Chairman Darrin DeGrazia asked if anyone wished to be heard on this matter. Gretchen Almy, 171 Ashely Lane said she is curious about the parking. Her condo abuts the backside of the lot and she is wondering how far back the parking will go and if he is proposing any fencing. She is all for this restaurant, she thinks it s awesome, the others have been a dive. She is concerned though with noise, privacy, etc. with the parking in the back. Discussion ensued regarding fencing. David Fisher said he was not opposed to putting fencing on that side. It was agreed that David Fisher will install fencing and possibly landscaping to satisfy Gretchen Almy s concern. Brian Dorr, 362 Wareham Street said he has no issues, he is very excited with this, the plans look great and it has been a long time coming. He hopes the board approves this plan. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Liz Elgosin and seconded by Joseph Freitas, the board VOTED: to approve the petition of David Fisher, 154 Purchase Street, Middleborough, MA relative to his request to allow for an 8 covered porch in front and on the sides within the existing 35 setback, remove parking in the front and replace with landscaping, upgrade signage, and add an addition on the back of existing building located at 360 Wareham Street. The subject property is located at 360 Wareham Street, Middleborough Assessor s Map 072, lot 5571 and in the General Use District. This is approved subject to the following stipulations: 1. Subject to the plans for Fisher s Farmhouse Pub, 360 Wareham Street, Middleborough, MA dated April 07, Mr. Fisher shall meet with Gretchen Almy and work out an amicable plan to adjust her privacy on her lot as much as possible. VOTED: to adopt the following findings: 1. The proposed site is appropriate for the use and structure. 2. Public water and sewerage facilities are available which will adequately service the site. 3. The use involved will not be detrimental to the established or future character of the neighborhood and Town and is subject to appropriate conditions and safeguards. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. 5. Adequate and appropriate facilities have been provided to insure the proper operation of the use and structure. 6

7 8:50 P.M. Scott Hannula (Agresource, Inc.) Wood Street Brian Grady, GAF Engineering informed the board that present tonight with him is Scott Hannula, the applicant, Dave Harding and Jeff Kuter of Agresource who will be operating this facility. Brian Grady said they are looking for approval for a siting and operation of a composting facility at this location. They are aware of the sensitivities of composting facilities in the Town. Brian Grady said this site is located off of Wood Street and reviewed the location for the board. Chairman Darrin DeGrazia asked what the distance is to the closest residential abutter. Brian Grady said approximately 1,670 feet to the nearest point of these operations. This facility will be operated in phases. They would expect to start in a small size under the general permitting program. They would then grow to the maximum extent which is the plan presented to the board tonight. They did go before the Conservation Commission last week and received a negative determination from them that these are upland bogs and not wetland resource areas. Chairman Darrin DeGrazia asked if there is independent access to this property. Scott Hannula said his only vehicular access is a deeded 50 easement through New England Refrigerated Terminals. Brian Grady said that is addressed in the Building Commissioner s letter. This is certainly an important issue. Dr. Edward Braun read into the records the following letters: letter dated April 13, 2016, from Joseph Silva, Water Superintendent; letter dated April 22, 2016, from Christopher Peck, DPW Director; letter dated April 26, 2016, from Patricia Cassady, Conservation Agent; letter dated April 14, 2016, from Robert Buker, Health Officer; letter dated April 25, 2016, from Robert Whalen, Building Commissioner and a letter dated, from Captain Tim Reed, Fire Department. Brian Grady said with regards to setting up a complain system, this property will still be owned by Scott Hannula and will still be operating the 16 remaining acres of cranberry bogs. Dr. Edward Braun said it is very easy to establish a website or an site to address concerns. Brian Grady said they just learned of the concern tonight by Robert Whalen regarding the frontage issue. He did meet with Robert Whalen about a month ago and he directly asked him, at that time, if this was going to be an issue, and was told he had no concern. He is just finding out tonight that there is an issue with it so he has no direct answer for the board tonight. His initial response would be that the bogs have been in existence for 75 years and have been using this access that exists for a number of years. Dr. Edward Braun said this would probably have to be sent to Town Counsel for his opinion. Jeff Kuter, CEO of Agresource, Inc., said the letter from the Building Commissioner raising 10 very important questions. Jeff Kuter informed the board, in detail, the experience Agresource has and the need of this facility at this location. This company sells compost and is their focus on the end product. 7

8 Last year they sold 120,000 cubic yards of compost. Discussion ensued regarding ongoing issues with another facility in town. Jeff Kuter said they will be bringing in a trained operating staff that they have been using at their Ipswich facility to develop this facility. They have three operators there who have more than 40 years of combined operating experience, running the equipment, repairing the equipment, maintaining the facility and running a successful operation. At Ipswich they have a contract with the town, it is a three year contract, and they have had plenty of opportunities since 1989 to kick them out. They are not saying they haven t had any odor problems but they have been addressed and in the past three years have had zero complaints from their neighbors. Chairman Darrin DeGrazia asked how close the neighbors are in Ipswich. Jeff Kuter said it is comparable to this site, a little closer than the proposed site. Jeff Kuter said the distance at this location makes it favorable. The River Street facility has neighbors right across the street, and they do not have adequate area there for a facility like this. Jeff Kuter reviewed the plans, in detail, for the board as well as what the DEP regulations and Health Department regulations will require. Jeff Kuter said with regards to the windrows they will be high, triangular cross section, at the base and the length will vary depending on the site. Initially they will probably start with 100 long windrows. They will be required to submit a plan for monitoring to the DEP. Joseph Freitas asked what type of taxed this facility will generate for the town. Jeff Kuter said there would be equipment taxes such as excise tax. Scott Hannula said he does pay taxes based on the State 61A, which is minimal. They would probably be increasing the tax if they are changing the use of the property from agricultural to commercial. Norman Diegoli asked what the truck traffic will be and if they are equipped so there is no spillage out of them. Jeff Kuter said yes, all the trucks are covered and equipped with sealed gates. With regards to the traffic there could be approximately trucks daily. That could increase to during the real busy season. Lengthy discussion ensued regarding odor abatement. Dr. Edward Braun requested that the response made tonight regarding all of the letters submitted be given to the board in form of a written response. Chairman Darrin DeGrazia asked if anyone wished to be heard on this matter. Stephen McKinnon, 867 Plymouth Street, Vice Chairman of Board of Selectmen said all the complaints that they don t hear the Board of Selectmen do. Everything he has heard tonight sounds good. However, the permit that was issued for another facility was as permitted by Mass DEP and organic material. Stephen McKinnon reviewed what organic material is. Discussion ensued about complaints and how they will be directed. If odor becomes an issue they need to be able to act fast on that issue. He would like to see something written into the decision, that if this becomes an issue, it ends before it gets worse. They need to make sure there is a protocol l in place for this facility. He will call Ipswich to discuss their current site there. 8

9 Dave Harding wanted to thank the board for hearing them tonight. It would be great for them to know what the flavor of the board is in the next coming days, weeks, etc. to see if this is a project they think, we think, Town Counsel thinks, that they can go further with. Chairman Darrin DeGrazia said the board will need to have Town Counsel review this regarding the frontage issue. Chairman Darrin DeGrazia said they did answer a lot of questions that he had and he thinks that will go a long way to alleviate problems down the road. Diane Stewart, Carmen Park Drive and a member of the Selectman and Board of Health said she very much appreciates Robert Whalen s detailed letter regarding this facility, because dealing with 88 River Street has been a nightmare, quite frankly. Diane Stewart asked what the heights of the windrows are. Jeff Kuter said high. She is very concerned with the odor and controlling that. Hearing no further comments Chairman Darrin DeGrazia called for a motion. VOTED: to continue the hearing until June 9, 2016, and request an opinion from Town Counsel regarding the frontage. VOTED: to adjourn at 10:10 P.M. Respectfully Submitted: Tammy Mendes, Senior Clerk Zoning Board of Appeals 9