Zoning Board of Appeals Minutes May 25, 2017

Transcription

1 Chairman Darrin DeGrazia, Dr. Edward Braun, Joseph Freitas, Dorothy Pulsifer, Liz Elgosin and Jack Healey were present. 7:30 P.M. Minutes Upon a motion made by Liz Elgosin and seconded by Dorothy Pulsifer, the board VOTED: to approve the minutes of May 11, Unanimous Vote. 7:30 P.M. David Grossman Wareham Street, Map 101 lot 625 Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Brian Grady, GAF Engineering informed the board that this proposal is for the construction of a triplex building located on Wareham Street. This is to the south of Sarah Reed Hunt Way on Rt. 28. This is in the General Use District which allows for multifamily dwellings. The lot is 126,000 square feet which is adequate for the three units. They meet the required parking spaces. They have received the first review from Amory Engineers and they have not had time to make the changes to the plans that are before the board tonight. They have read the comments and will be making the revisions. Chairman Darrin DeGrazia read into the record a letter dated May 22, 2017, from Patrick Brennan, Amory Engineers. Brian Grady said they will address the landscaping concerns on the plan as well. Brain Grady reviewed the plans for the board. Chairman Darrin DeGrazia asked how many bedrooms they are proposing. Brain Grady said they are three bedroom units. Chairman Darrin DeGrazia asked if there is an onsite well. Brian Grady said they have municipal water and there will be an onsite sewerage disposal. He has also worked with the Fire Department on the design of this project. Chairman Darrin DeGrazia read into the record the following letters; letter dated May 8, 2017, from Robert Whalen, Building Commissioner; letter dated May 11, 2017, from Michael Bumpus, Water Superintendent; letter dated April 27, 2017 from Patricia Cassady, Conservation Agent; letter dated May 9, 2017, from Paul Fellini, Planning Board and a letter dated May 9, 2017 from Christopher Peck, DPW Director. Dorothy Pulsifer asked if there will be a dumpster on site. Brian Grady said they have not decided on that yet. They will have discussions on this and will have the location shown on the revised plan. Chairman Darrin DeGrazia said they will need to see the landscaping plan and any proposed driveway lanterns shown on the plan. Liz Elgosin asked if there will be a sign. Brian Grady said there will not be a street sign but there will be an address number as required. He does not believe there will be a condominium sign located there. Chairman Darrin DeGrazia asked if anyone would like be heard on this matter. Thomas Quigley, 17 Trading Post Path said he is an abutter to this project. He lives at South Purchase Estates, which is a 45 condo unit complex. He is here in support of this request. He has spoken to other board members of 1

2 the condo association, and other residences, and the concerns they have he feels will be addressed. They were concerned with the number of trees to be removed. The thought is of putting in fencing, intermitting fencing, between the properties. Another concern is the speed and traffic around this corner. He would like to see it in the decision that the speed limit sign be put back up on this road. He believes Brian Grady has already contacted the DPW and will get ahold of Mass DOT. He is also more than willing to work on this to get this resolved. Chairman Darrin DeGrazia said this board has no control over that. Dr. Edward Braun said he would need to address this with the proper officials. Discussion ensued regarding the fencing. Brian Grady said they have agreed to the fencing and potential landscaping. They can get together with the abutters again to discuss this further. Chairman Darrin DeGrazia said he would just like to see everything on the plan. Peter Akaka informed the board that he lives at South Purchase Estates and is a board member on the association. He is also in favor of this project. He does echo Tom s concern with the speed and traffic on this road. He would also request that when they put the for sale signs up that they are positioned in such a way that it does not interfere with vehicles leaving their property. Joseph Freitas suggested putting a stop sign at the end of this roadway. Joseph Freitas said he feels there should be a sign installed there because of the traffic on that road. Discussion ensued regarding the sign. Brian Grady said they could install a stop sign at the end of the roadway. Chairman Darrin DeGrazia said at this point they need to revise the plans to show the landscaping, lighting and fencing. The board will also need a final sign off from Amory. Discussion ensued regarding a continuance. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Dorothy Pulsifer and seconded by Liz Elgosin, the board VOTED: to continue the hearing until June 22, Unanimous Vote. 8:18 P.M. David Grossman Wareham Street, Map 94 lot 6277 Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Brian Grady, GAF Engineering informed the board that this project is very similar to the one they just reviewed. This is located to the North of Sarah Reed Hunt Way on Rt. 28. This is in the General Use District which allows for multifamily dwellings. This proposal is for the construction of three duplexes, six total units located on Wareham Street. This lot contains a little over six acres of land. The comment letters that the board has received are mirror letters for the previous project. Chairman Darrin DeGrazia read into the record a letter dated May 22, 2017, from Patrick Brennan of Amory Engineering. Brian Grady reviewed the plans for the board. They will also be doing the fence, landscaping and lighting for this project the same as the previous hearing. Again, the board would like to have all of this on the revised plan and a final approval letter from Amory Engineering. 2

3 Dr. Edward Braun asked if they will have a different condominium association for this project. Brian Grady said yes. Chairman Darrin DeGrazia asked how many bedrooms per unit for this project. Brian Grady said three bedrooms per unit. Chairman Darrin DeGrazia asked if anyone would like be heard on this matter. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Dorothy Pulsifer and seconded by Liz Elgosin, the board VOTED: to continue the hearing until June 22, Unanimous Vote. 8:33 P.M. Cassander Gilmore and Eric Williams Bensons Pond, Inc. 6 Pine Street aka East Street Chairman Darrin DeGrazia read into the record the legal advertisement and declared the hearing open. Cassander Gilmore informed the board that he is part owner with his parents of Bensons Pond Inc. Erin Williams informed the board that this idea came to be because they got married last year and invited guests to their property for a reception party. Shortly thereafter they were approached by people looking to use this site for functions. They had tabled that idea for a while. However, farm viability continues to be an ongoing issue, so they decided to research this idea. They have been working with Robert Whalen, Building Commissioner as well as several other departments since January. They are present today because Town Counsel suggested that they needed to get a special permit from this board because it is beyond what agricultural activities are allowed. They are in the opinion that this is allowed as referenced in Chapter 40A Section 3. This allows that if they are utilizing 25% of their products, either during the months of July, August and September, and/or during harvest season as part of the activities, in this case, part of the meals, than they would be compliant with M.G.L. c. 128, Sec 1A. This is the agricultural law and the right to farm in Massachusetts. Dorothy Pulsifer asked if she would explain, in more detail, the things they are planning on doing. Erin Williams said what they are initially thinking is Bogside Farm to Table Dinners; Bogger for the Day, Bog and Harvest Tours, along with private party events which will utilize the historic barn/screen house. For example, they are Ocean Spray growers, and Ocean Spray likes to bring out their buyers, boggers, etc., and they have utilized other facilities in the area to entertain and provide farm to table dinners. They are interested in using this facility for that as well. Erin Williams said wedding and receptions would utilize a licensed caterer and as part of their contract they would agree to use 25% of their products and locally sourced products. Dorothy Pulsifer asked if they would need a kitchen on site. Erin Williams said in speaking with the Health Agent the caterers would have trailers/food trucks or use commercial kitchens off site that meet the requirements. They are not looking to do a commercial kitchen as of today. That may be possible in the future. 3

4 Liz Elgosin asked exactly what a screen house is. Cassander Gilmore said in the cranberry industry a lot of the older properties were built with screen houses. Prior to World War II farmers would pick their crops, put them in the screen house, and screen out the berries so only good ones where shipped out. This particular building was one of the last ones built, approximately in 1945, and after that the industry changed to selling to wholesalers who would clean the berries on their own. At that point the functionality of having a screen house went by the waist side. Currently, they use this building for storage, but they do see an outlet for a good use for this historic building with this proposal. Liz Elgosin asked what the condition is of this building and what will be required for safety issues. Erin Williams said Robert Whalen, Building Commissioner and the Fire Department has been out several times to go over what will be needed there. She does have letters from both departments. Liz Elgosin asked how these functions will impact the actual working of the bog/farm. Erin Williams said they will need to have another barn to store any equipment that has fuel or combustibles in it. Discussion ensued as to similar facilities located around this area. Dorothy Pulsifer asked about the parking. Erin Williams said they have a plan in their packets that show the anticipated parking. There is a 100 x 225 area that currently is grass vegetation and that is the anticipated parking area. Both Fire and Building Department have seen this, and they will have to add five handicap accessible spots closer to the structure. Dorothy Pulsifer asked if this will be seasonal. Erin Williams said yes. They are proposing May November. Dorothy Pulsifer asked what the maximum number of people they would expect. Erin Williams said they are proposing a maximum of 160 people. Most of the activity would be on the second floor. Liz Elgosin asked about handicap access. Erin Williams said they will be putting a ramp in the back. Liz Elgosin read into the record the following letters: letter dated May 19, 2017, from Catherine Hassett, Health Inspector; letter dated May 10, 2017, from Patricia Cassady, Conservation Agent; letter dated May 11, 2017, from Michael Bumpus, Water Superintendent; letter dated May 22, 2017, from Robert Whalen, Building Commissioner; letter dated May 24, 2017, from Paul Fellini, Interim Department Head Planning Board and a letter dated, from Captain Tim Reed, Middleborough Fire Department. Joseph Freitas asked how many acres of cranberry bogs they have. Cassander Gilmore said they have a total of 50 acres with 35 producing bogs. Joseph Freitas asked if they use pesticides, and if so, how will that work in relationship to a planned event. Cassander Gilmore said they do use pesticides. Any pesticides that need to be applied will have to be applied several days prior to an event or after the event. He will have to work his spray schedule around any scheduled event. He has to make sure the reentry time is within the law of the pesticides. They are currently doing this with the employees now. Jack Healey asked her to explain the types of entertainment and the liquor license. Erin Williams said most caterers who serve alcohol do get a special one day liquor license, or there are several bartending services that you can hire. This would be part of any contract that they have for the events. 4

5 Jack Healey said he would like a copy of the letter that was given to the Building Commissioner from Town Counsel for the records. Discussion ensued as to the maximum number of people on site at one time. It was agreed upon to limit this to 175 people on site at one time. Chairman Darrin DeGrazia asked if anyone would like to be heard on this matter. Edward Medeiros informed the board that he owns property abutting this property and he is very much in favor of this request. This is an excellent use for the screen house for the cranberry industry. As you may all know the cranberry industry is not doing very well, especially in Massachusetts, and one of things that most properties that had bogs also had a screen house. The problem is what do you do with those structures now? This is a good use for the screen house. He believes this is good for Ocean Spray where they can bring people to this site for bogger s day and tours, etc. He believes they have spent a lot of time in researching this and feels they will do a good job. John Neely, 15 Pine Street said they are diagonally across the street from this property and support this request. He thinks this is a good idea, and will be good for the Town of Middleboro. Hearing no further comments Chairman Darrin DeGrazia called for a motion. Upon a motion made by Liz Elgosin and seconded by Dorothy Pulsifer, the board VOTED: to approve the petition of Cassander Gilmore and Erin Williams of Bensons Pond, Inc., Middleborough, MA relative to their request to allow for the operation of agri-tourism and agri-entertainment activities as part of ongoing agricultural operation including cranberry bogs, related screen house/barn, produce and livestock production and allowed per MGL Chapter 40A Section 3. The subject property is located at 6 Pine Street, aka East Street, Middleborough Assessor s Map 097, lot This is approved subject to the following stipulations: 1. Subject to the letter dated, from Captain Tim Reed, Middleborough Fire Department. 2. The hours of operation shall be 7 A.M. to 11 P.M. May through November. 3. The maximum number of people on site shall not exceed 175 including the bog workers. Chairman Darrin DeGrazia, Dr. Edward Braun, Joseph Freitas, Dorothy Pulsifer and Liz Elgosin were in favor. (5-0) Upon a motion made by Dr. Edward Braun and seconded by Joseph Freitas, the board VOTED: to adopt the following findings: 1. The proposed site is appropriate for the use; 2. Adequate and appropriate facilities have been provided to insure the proper operation of the use and structure, it is noted that noise will cease at 11 P.M.; 3. Traffic flow and safety, including parking and loading are adequate and there will be no nuisance or serious hazard to vehicles or pedestrians; 4. Adequate water, sewer, and other utilities as well as other public and private services are available or will be provided; 5. 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, it is noted that the primary business will still remain; 5

6 6. Economic and community needs of the Town are served by the proposal, it is noted that this is to allow the small farmer to exist in difficult environment; 7. Impacts on the natural environment have been minimized; and, 8. Fiscal impacts, including impact on town services, tax base and employment have been considered. Chairman Darrin DeGrazia, Dr. Edward Braun, Joseph Freitas, Dorothy Pulsifer and Liz Elgosin were in favor. (5-0) Upon a motion made by Dorothy Pulsifer and seconded by Liz Elgosin, the board VOTED: to adjourn at 9:30 P.M. Unanimous Vote 6