Main Street Auto & Towing, LLC. 120 Gilboa St., Douglas, MA Site Plan Review Permit. State

Transcription

1 Proj. : SPR I. Owner Information Gilboa Properties, LLC. Mike DeCaro Organization Name Contact Person 120 Gilboa Street Street Address Additional Address Douglas MA City/Town State Zip Code Telephone Number Fax Number Address Other Comments II. Applicant Information Main Street Auto & Towing, LLC. Robert Cherrier Organization Name Contact Person 120 Gilboa Street 12 Birch Street Street Address Additional Address Douglas MA City/Town State Zip Code NESS@NES1932.com Telephone Number Fax Number Address Other Comments III. Site Information 138 Assessors Map 120 Gilboa Street Street Address Douglas City/Town Assessors Parcel Deed Book Additional Address MA State 291 Deed Page Zip Code Other Comments Decision.doc Page 1 of 8 Douglas Planning Board

2 Proj. #: SPR IV. Procedural History 1) Application for Site Plan Review was submitted on October 18, 2016 to the Douglas Planning Board ("The Board") pursuant to Section 9.4 of the Town of Douglas Zoning Bylaw by the above referenced Applicant(s) and Owner(s) identified above. 2) A duly advertised public hearing timely commenced on November 9, 2016 at 7:00 pm and was closed on December 22, 2016 in the Douglas Municipal Center, Community Meeting Room, 29 Depot Street, Douglas, MA. The Applicant cooperated with all procedural requirements for continuances and extensions. 3) The plans and other submission material were reviewed by the Planning Board and the Town Engineer. Throughout its deliberations, the Planning Board has been mindful of the statements of the Applicant, and the comments of the general public, all as made at the Public Hearing. 4) The Board received and was mindful of comments submitted from the Police Chief, the Fire Department, Building Commissioner, the Board of Health, the Conservation Commission, and the Highway Superintendent. 5) The Applicant was self-represented during the hearing regarding this project. 6) Throughout the hearing, the Applicant responded to the Board's concerns by revising the plans and providing additional materials, as requested. V Findings Based upon the materials and evidence provided during the hearing process, the Board hereby finds the following: 7) The project site is located at 120 Gilboa Street, Douglas, MA ("subject property"), which is shown on the Town of Douglas Assessor Map as Map 138 and Parcel 43. 8) The subject property is located in an Industrial (I) zoning district, based upon Assessors Mapping, has a total lot area of 60.66± acres of land area and road frontage on Gilboa Street. 9) This site plan permit application was accompanied and augmented by an 11" x 17" Sketch drawn on a plan entitled: ALTA/ACSM Land Title Survey of Guilford of Maine, East Douglas, MA, prepared for Interface Fabrics Finishing Decision.doc Page 2 of 8 Douglas Planning Board

3 Proj. #: SPR )The permit application Project Narrative indicates that the proposed use for the project is as follows: "The Application is for leasing the existing one story section of the main mill building that houses Classic Envelope. The proposed tenants will be using 5,000 square feet of existing storage space to repair vehicles for the public and will provide 20 spaces for parking, two spaces being handicapped accessible." 11)This approval does not relieve the Applicant from complying with or obtaining the appropriate permits for any federal, state and local laws, rules or regulations. 12)The Planning Board finds that after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, satisfies all of the following objectives: 1. Maximizes pedestrian and vehicular safety both on the site and egressing from it; 2. Minimizes the volume of cut and fill, the number of removed trees 6" caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution; 3. Minimizes obstruction of scenic views from publicly accessible locations; 4. Minimizes visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned; 5. Minimizes glare from headlights and lighting intrusion and light overspill into the night sky; 6. Provide adequate access to each structure for fire and other emergency service equipment; 7. Provides adequate stormwater management consistent with the functional design standards in the Planning Board's Subdivision Rules and Regulations; 8. Minimizes unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places. 9. Minimizes contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances; 10. Ensures compliance with the provisions of this Zoning By-Law and other laws, including parking, loading, sign, and landscaping requirements Decision.doc Page 3 of 8 Douglas Planning Board

4 Proj. #: SPR ate: JANUARY 9, 2017 VI. Waivers The Board voted unanimously to grant the following waivers, requested by the Applicant: 13)Section Preparation of Plans. 14)Section #1 Contents of Plan. 15)Section #2 Written Statement of schedule and costs. 16)Section #3 Written Summary of contemplated project[s]. 17)Section #4 Drainage Calculations. 18)Section #5 Written Narrative Assessment of on-site and off-site impacts 19)Section #6 Certification of Compliance with the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board 20) Section Landscaping Requirements for Street Frontage of Nonresidential Uses. 21) Section 5.4 Environmental Performance Standards. VI. Decision/Conditions The Board voted unanimously, 6 to 0, to grant a to the Applicant for the subject property, subject to the following conditions: 22) This Decision supersedes the previous permits issued for the subject property (Permits # SPR & SPR ). 23) The Applicant shall ensure safe and convenient vehicular access to the project site during the entire duration of the project. Any Board member or representative shall be permitted access to the project site for the duration of the project provided that notice is given to the site construction foreman, owner or tenant upon arrival. 24) During any construction, the Applicant shall maintain all feasible and reasonable means of dust control and shall collect all debris on a daily basis. No construction may occur on Sundays or on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve or Christmas. No construction may begin before 7:00 a.m. nor continue past 6:00 p.m., unless approved in advance by the Decision.doc Page 4 of 8 Douglas Planning Board

5 120 Gilboa St, Douglas, MA Pursuant to Section 9,4 FFICE USE ONLY Pr j. : SPR Board. However, between November 15th and April 1st, equipment may be started at 6:30am but construction may not commence until 7:00am. 25)Noise - The Applicant shall implement measures to ensure that noise does not exceed acceptable levels, as set forth by Federal and State regulatory agencies. The Applicant shall cease any excessively loud activities when directed by the Planning Agent. No excessively loud activities are permitted prior to 8:00 AM or after 4:00 PM. 26)Vibration - The Applicant shall implement the necessary controls to ensure that vibration does not create a nuisance or hazard for property abutters. 27)Traffic - The Applicant shall implement necessary traffic safety controls to ensure a safe and convenient vehicular access in and around the site. Any traffic issues that occur as a result of site operations and construction shall be mitigated immediately, at the expense of the Applicant. Additional traffic mitigation measures may be required as necessary. 28)Complaints All complaints related to the above or otherwise, shall be logged and tracked by the Planning Agent. Complaints will be brought to the attention of the Board, as necessary. Any complaints that are found to be repetitive in nature and continue with no mitigation in the opinion of the Board may constitute a violation of these conditions and may be grounds for a stop order or a partial stop order. 29)The term "Applicant" shall refer to the current Applicant(s) and its assignees, successors, affiliates, subsidiaries or any other entity related thereto. Any sale, transfer or assignment of the permit, other than an assignment of the permit to a mortgagee pursuant to financing; and any sale of more than 50% of the assets or interests in the Applicant shall require Board approval, such approval not to be unreasonably withheld. 30)This permit shall expire if site operation in accordance with this permit is not commenced within three years from the date this permit is filed by the Board with the Town Clerk unless an extension is granted by the board to a date certain. 31)Hours of Operation: Business operation is permitted between the hours of 8:00 am and 6:00 pm, Monday thru Friday and between 8:00 am and 2:00 pm on Saturdays. No operation is permitted on Sunday. 32)No Parking shall be allowed around the building perimeter driveway. This driveway shall be kept clear at all times to allow access to emergency vehicles Decision.doc Page 5 of 8 Douglas Planning Board

6 Proj. #: SPR )No storage of waste or unregistered vehicles or trailers shall be allowed outside the building in the paved parking area or on the lawn areas. 34) This approval is contingent upon the Applicant receiving a Special Permit from the Douglas Zoning Board of Appeals. Any violation of the conditions of any such Special Permit shall be deemed a violation of this Site Plan Approval Decision.doc Page 6 of 8 Douglas Planning Board

7 Proj #: SPR Dat : JANUARY 9, 2017 X. Record of Vote The members of the Planning Board voted as follows to grant a Site Plan Permit subject to the above-stated terms and conditions: Name Signature In Favor Against Abstain Marks, Ernest Chesebrough, Eben Ballou, Kenneth Greco, Michael Sharkey, Tracy Werme, Robert Zwicker, Michael Filed with the Town Clerk on Christine E.G. Fumo, Town Clerk Copy of Site Plan Permit Mailed to: Mr. Michael DeCaro Gilboa Properties, LLC. 120 Gilboa Street Douglas, MA Mr. Robert Cherrier Main Street Auto & Towing, LLC. 12 Birch Street Douglas, MA Decision.doc Page 7 of 8 Douglas Planning Board

8 THE COMMONWEALTH OF MASSACHUSETTS DOUGLAS Planning Board Special Permit Granting Authority Date: Certificate of Granting of a Special Permit (General Laws Chapter 40A, Section 11) The Planning Board of the City or Town of Douglas hereby certifies that a Special Permit has been granted to Main Street Auto & Towing, Inc. affecting the rights of the owner with respect to land or buildings at 120 Gilboa Street, Douglas, MA (Assessors Map 138, Parcel 43), and the said Planning Board further certifies that the Decision attached hereto is a true and correct copy of its Decision granting said Special Permit, and that copies of said Decision, and of all plans referred to in its Decision, have been filed with the Town Clerk. The Planning Board also calls to the attention of the Owner or Applicant that General Laws, Chapter 40A, Section 11 (last paragraph) provides that no Variance or Special Permit, or any Extension, Modification or Renewal thereof, shall take effect until a copy of the Decision bearing the certification of the Town Clerk that twenty days have elapsed after the Decision has been filed in the office of the Town Clerk and no appeal has been filed or that, if such appeal has been filed, that it has been dismissed or denied, is recorded in the Registry of Deeds for the County and District in which the land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for such recording or registering shall be paid by the Owner or Applicant. Chairman Clerk, 2017 at o'clock and minutes M. Received and entered with the Registry of Deeds in the County of Worcester, Southern District Book Page ATTEST Register of Deeds Notice to be recorded by Land Owner Decision.doc Page 8 of 8 Douglas Planning Board