June 25, 2024
Present: Eric Lukingbeal, Eric Myers, Robert Lavitt, Steve Muller, Brennan Sheahan, Paula Johnson, Christine Chinni. Absent: Mark Lockwood, Director of Community Development Abigail Kenyon and Land Use Coordinator Renee Deltenre.
Johnson was seated for Lockwood.
Application seeking a 1-lot subdivision for lot 1-20/66/37-2 (to be known as 200 Case Street, property adjacent to 186 Case Street to the south); R4A Zone.
Scott Reale of Brook View Developers was present to discuss the application. Kenyon provided an overview of the proposal, as this application was continued from the last meeting. The subject property is 20.07 acres in the R4A Zone and is currently used for farming with a one garage/barn structure located adjacent to Case Street. The applicant proposes to divide the 20.07 acres to create a 15.07 acre-lot and a 5 acre-lot. The 15.07-acre lot would include the current garage/barn structure and it would continue to be used for farming, while a house would be constructed on the five-acre lot. The shape of the proposed 5- acre lot appears to be a rear lot; however, the lot complies with the regulation for frontage, building square, etc. such that it is not technically considered a rear lot.
The applicant is proposing to pay a fee-in-lieu of the open space in the amount of $9,600. Staff noted that revised plans were recently submitted and comments were provided this evening. Lukingbeal questioned the reduction in the required streetscape buffer and asked what guarantees are in place to prevent future development of the remaining 15.07-acre parcel. Kenyon noted there are no restrictions proposed as part of this application; an application for development could be made in the future.
There was no public comment.
The commission agreed to continue the application so that all final revisions could be made to the plans and submitted in time for review at the next regular meeting.
Application seeking a Special Permit under Zoning Regulations Section 8.1.3.4 for a garage in excess of 1,000 square feet for property located at 200 Silver Street, R2A Zone.
Property owner Patrick Hasiuk would like to construct a 50 ft x 32 ft detached garage roughly 80 feet south of the existing home. The proposed location meets all required setbacks and the structure would have 10 ft x 32 ft overhangs on each side of the enclosed garage, which will be 30 ft x 32 ft. The garage will be used for personal storage and will be stained to match the existing home with solar lighting for the exterior lights.
There was no public comment.
The commission unanimously approved the application.
Application seeking a Special Permit modification under Zoning Regulations 8.15.17.7.1 for a Farm Store regarding hours of operation, for a property located at 175 Barn Door Hills Road, R2A Zone.
Business owner Julien Tessier was present to discuss the application to extend his farm store hours. The farm store is permitted to operate 7 a.m. to 4 p.m., Tuesday through Sunday, and the business is currently operating 8 a.m. to 2 p.m., Wednesday through Sunday. They are seeking to extend the hours until 8 p.m., Thursday through Saturday, in order to provide a later lunch, coffee service and dessert in the evening. As a reference point, Kenyon provided the hours of operation for the other permitted farm stores in town and their conditions of approval, if applicable. Myers questioned whether the applicant would be open to seasonal extended hours of operation versus year-round, to which he agreed.
Public Comment
Oleta Shaw, 1 Barn Door Hills Road, questioned why the applicant is not utilizing the full extent of their approved hours of operation, expressed concerns over traffic and future expansion, and was not in favor of the applicant’s request.
Steven Shaw, 1 Barn Door Hills Road, spoke of traffic concerns and the potential for more cars due to increased hours of operation.
In response to questions and concerns, Tessier provided information about local farms and vendors they work with and stated that, up until recently, he prepped alone and had to close at 2 p.m. in order to prepare for the following day which is why he was not open until 4 p.m.
Tessier has ordered sandwich board signs to assist with traffic and to direct visitors to the newly-constructed parking area.
The commission discussed seasonal hours of operation, traffic, future expansion, and the potential need for relocation if the business outgrows the location before closing the public hearing.
The commission discussed limiting the extended hours to the summer season, and unanimously approved the application subject to: hours of operation will be extended to 7 p.m. Thursday through Saturday from Memorial Day to Labor Day.
Informal Discussion: Meade Canine Rescue Foundation, possible use at 249 Silver Street, R2A Zone
Kathy Samul of Meade Canine Rescue Foundation proposes an animal rescue operation on the property. Staff has reviewed the zoning regulations, which were interpreted to indicate that such a use would be considered a kennel operation and therefore, would not be permitted in a residential zone. Zoning Regulations Section 3.1.2.2 allows “churches, religious buildings and cemeteries and other non-profit organizations” by Special Permit in the R2A residential zone. Staff interpreted that “other non-profit organizations” would be of a similar nature to the aforementioned uses. The Animal Control Officer was contacted about the potential use. It is understood there are likely other state requirements that would have to be followed. It is suggested the foundation research this in more detail. The rescue organization is a registered 501(c)(3) that primarily houses up to 30 senior, special needs dogs that are kept primarily inside, with some exercise areas outside.
The commission discussed the idea and there was consensus that it could apply under the “non-profit” use in the zoning regulations. However, in considering an application, it would have to be property specific and the proximity of surrounding houses would be an important consideration.
July 9, 2024
Present: Eric Lukingbeal, Meg Jabaily, Mark Lockwood, Eric Myers, Robert Lavitt, Steve Muller, Brennan Sheahan, Director of Community Development Abigail Kenyon and Land Use Coordinator Renee Deltenre.
Jabaily was seated for Christine Chinni.
Application seeking a 1-lot subdivision for lot 1-20/66/37-2 (to be known as 200 Case Street, property adjacent to 186 Case Street to the south); R4A Zone.
Staff noted that revised plans were submitted and all outstanding items noted at the last meeting have been addressed. The proposed lot meets the subdivision and zoning regulations, and the commission had no comments or questions.
Public Comment
Rosemary Powers, 12 Fielding Woods Road, sought clarification regarding the fee-in-lieu of Open Space. Kenyon noted that the fee must be submitted prior to filing the approved plans on the Land Records or a lien can be filed, which would prevent the sale or transfer of the lot until the payment is received.
Debra Beal, 197 Case Street, sought clarification regarding the subdivision process and was curious why the lot was being created. Kenyon indicated that the proposed lot meets all the requirements outlined for a lot within the R4A zone.
William Powers, 12 Fielding Woods Road, had questions regarding access and the placement of a new driveway.
Phillip LaPointe, 210 Case Street, expressed concerns regarding the remaining 15 acres and questioned whether there are protections in place to prevent future development.
The commission unanimously approved the application, subject to: The applicant shall pay a $9,600 fee in lieu of open space as outlined within Subdivision Regulations Section 3.1.3 as proposed.
Application seeking an amendment to Zoning Regulations Section 3.8 Industrial Zone to add Section 3.8.2.18 for Personal Service allowed by Special Permit.
Property co-owner, Mr. Ying, is seeking a zoning regulation amendment to allow a personal service business by Special Permit within the Industrial Zone. Currently, the shopping plaza at 518 Salmon Brook St. consists of two restaurants, a smoke shop, barbershop, arcade, card and comic store, and HVAC business. The applicant has a potential tenant interested in opening a massage therapy business in a unit that was formerly a martial arts studio. Kenyon provided some history on the property and the commission had no questions or concerns.
There was no public comment.
The commission unanimously approved the application.
Application seeking a Site Plan Modification under Zoning Regulations 8.16.10 for outdoor dining for property located at 4 Park Place, Grassroots, COCE Zone: File Z- 17-24.
Owner Mark Sproule is seeking a site plan modification to add an outdoor dining area to the rear of Grassroots within an existing 40 ft by 8 ft gravel area. This area, previously occupied by a temporary storage container, will consist of three to four picnic tables. No outdoor entertainment or additional exterior lighting is proposed. Lockwood requested that the latest approved site plan be updated to reflect current conditions, inclusive of the proposed outdoor seating being discussed this evening. The commission questioned where the furniture will be placed during the winter months and stated that the trash receptacles shall be located on the site plan.
Discussion ensued regarding the mobile freezer that is currently parked out front; the applicant stated it will be removed by the end of July.
There was no public comment.
The commission unanimously approved the application subject to: 1) issuance of the site plan modification is contingent upon updated site plans being filed with the final permit paperwork; 2) applicant will include a litter plan with the final application and will designate the location of trash receptacles on the site plan; 3) all outdoor seating shall be stored inside or off-site at the end of the season, no later than Nov. 15.