PLANNING BOARD
MINUTES
3-28-2007
PRESENT
Joe Knapp
John Chabot
Rick Starodoj
Ken Higney
Chris DiMarzio
MOTION TO APPROVE MINUTES OF 03-07-2007
SECOND
ABSTAIN
ALL IN FAVOR
WALGREENS – CONCERN ON CHANGE RATE OF SIGN
Currently the sign changes every 15 minutes
Walgreens would like change rate of 3 seconds
Flashing/Moving signs are not allowed in Town
Originally, developer stated sign would change 1 time per day
PB agreed with this because it would not be a distraction to traffic
Original Applicant sold property
Safety issue
Walgreens
Represented by Attorney Donna McNichol
Walgreen’s post Amber Alerts, Public Services and Town Meetings
Would like to come to a reasonable compromise
Ten messages every 15 minutes, includes time and temperature
Our sign does not have flashing or scrolling or fading
MOTION TO LET WALGREENS DO WHATEVER THEY WANT WITH SIGN
NO SECOND ON THIS MOTION
MOTION TO ALLOW CHANGE RATE OF EVERY 15 MINUTES
SECOND FOR DISCUSSION
Chris DiMarzio, Chairperson opened the hearing for proposed by-law changes
Tabled the hearing for 15 minutes
MOTION TO OPEN AND TABLE BY-LAW HEARING FOR 15 MINUTES
SECOND
ALL IN FAVOR
MOTION TO TEMPORARY TRY A 10 MINUTE CHANGE RATE THROUGH 6-6-07
AMEND TO CHANGE stocktickerRATE EVERY 5 MINUTES UNTIL 06-20-07 REVIEW DATE @ 7:15 PM
SECOND
ALL IN FAVOR
CVS – INFORMATION ABOUT CHANGES TO stocktickerSITE stocktickerPLAN
Attorney Rich Maynard, Pat Doherty and Dave Morello present for CVS
SPECIAL PERMIT WAS APPROVED ON 10-05-2005
CONCOM DECISION WAS APPEALED TO DEP
CVS NEEDS SMALL CHANGES TO SITE PLAN
12,900 sf store to 13,225 sf
parking: lost 1 parking space
grading, store will be up slightly, will require ramp and 7 stairs to enter
fill: need remove more fill
First floor needs to be above the floodplain at a finish grade of 405
parking lot will be at grade
There will be a shallow basement (4’) at rear of building
SITE PLAN APPROVAL does not need a public hearing
Planning Board can agree to modifications without public hearing
Final plans will need to be submitted and signed by Planning Board
The modifications requested do not have impact on traffic
MOTION TO APPROVE MODIFICTIONS AS PRESENTED
SECOND
ALL IN FAVOR
CONTINUED TO 04-04-2007 @ 7:15 TO REVIEW AND SIGN MODIFICATIONS
WARE RIVER AUTO, BELCHERTOWN ROAD – REQUESTING EXTENSION THRU BOS
Appears that he is only licensed for front display area and garage
Front parcel is a grandfathered use
Back parcel was purchased after zoning was adopted
Back parcel is NOT ALLOWED to have USE in ZONE
PROPOSED ZONING BY-LAW CHANGE
(side 2 of audio tape)
George Staiti of ZBA present
ZBA presented change on definitions to BOS
BOS presented to Planning Board
Legal Notice was advertised for two weeks in Ware River News
Section 1.2 DEFINITIONS
STORY – A story is that part of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and the top of the ceiling joists or, where there is not a ceiling, to the top of the roof above. If a mezzanine floor exceeds one third (1/3) of the area of the floor immediately below, it shall be deemed to be a story.
HALF STORY – A story in a sloping roof, the area of which at the habitable floor level is less than three quarters (3/4) of the floor area of the story immediately below it, shall be counted as a half story.
STORY ABOVE GRADE – Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story when the finished surface of the floor above the basement is:
a) More than six (6) feet above grade plan;
b) More than six (6) feet above the finished ground level for more than 50 percent of the total building perimeter;
c) More than 12 feet above the finished ground leave at any point.
HEIGHT – The vertical distance measured from the finished established grade plane to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs, and to the average (mean) height of the portion between eaves and ridge for gable, hip and gambrel sloped roofs.
HABITABLE ROOM – Any room meeting the requirements of the StateplaceMassachusetts State Building Code (780 CMR) for sleeping, living, cooking, or dining purposes.
COMMENT AND CONCERNS FROM MICHAEL AGNEW, BUILDING INSPECTOR
Please be advised, as I have previously stated to the members of the Zoning Board of Appeals, that The Massachusetts Building Code does not recognize half stories. It addresses full stories and mezzanines for which building permit applications are reviewed and approved. Since half stories are~not recognized in the The Building Code, building applications cannot be approved as such.
Michael T. Agnew
Ware Building Official
DISCUSSION
What is a ½ story ???
Mike Agnew states that there is no such thing as a ½ story
State does not recognize a ½ story
Tom DiMarzio does not agree with Mike Agnew
Tom believes as long as there is 7 ½ feet and proper egress’
Assessors outside consulting code says knee wall: 5’2”
with a portion of room having 7 feet
708.2 CMR: 7 feet constitutes habitable space
Floor to ceiling 7’ for commercial use
A portion of room has 7 feet but can have sloped walls
Is there a requirement for height on a knee wall ?????
Believe we need to research more
suggest continue to 04-04-2007 8:00 pm
OAK HILL ESTATES – Peer Review Letter from Gibby
Planning Board not requesting any further information
MOTION TO RECOMMEND TO BOARD OF SELECTMEN TO LIMIT NUMBER OF CARS ALLOWED WITH CLASS III LICENSE ON FRONT LOT OF WARE RIVER AUTO; BACK LOT IS NOT ALLOWED
SECOND
DISCUSSION
FRONT LOT IS GRANDFATHERED – SUGGEST WE DO NOT LIMIT
BOS IS THE LICENSING AUTHORITY
ALL IN FAVOR
CHRIS DiMARZIO OPPOSED
HOME TOWN MEDICAL SUPPLY – TAPANNES – WEST STREET
Special Permit required lines to be painted on lot
Special Permit required fence to be installed
Is the sign permitted and correct SF ?
OLD PENNYBROOK HEARING WITH stocktickerBOS
PVPC had the wrong pictures on presentation
Subdivision was rescinded
There were 30 proposed lots but that was prior to zoning
John Chabot is on the Committee
MOTION TO ADJOURN AT timeHour21Minute309:30 PM
SECOND
ALL IN FAVOR
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