HomeMy WebLinkAbout2012-03-20 Planning Board Supplemental Materials (117) To:Judy Tymon,Town Planner
CC: Curt Bellavance
From: Gerald Brown, Inspector of Buildings
Date: March 5, 2012
RE: Site Plan Review Application for 24-26 Main Street and Hancock Review 26 Main Street
In response to your email of February 23,2012, please find my response.
#2 Petition Number 2009-014, dated February 14, 2012, "Request for Modification of Prior
Decision". In response, based on the planning meetings with you, myself,Jen from NACC,Curt,
Jeffco Inc.,and the applicants, Rear Lot, LLC filed a request for Modification of prior decision and
approved plan of a storage building in the IS Zone, (existing zoning district) with the Zoning Board of
Appeals. On February 14, 2012 The Zoning Board of Appeals at a regular meeting unanimously
granted petitioners request for Modification of prior decision and approved plan to allow the new
residential use and revised plan for Town Houses as its use is allowed by right pursuant to the
Downtown Overlay District per Section 18 of the zoning bylaw. The ZBA Modified and approved the
revised plan filed by Andover Consultants, Inc. dated January 19,2012.
#3 Section 7.2.1 has not been addressed. In response I do not agree. I do not find a special permit is
required by the Planning Board for access other than street frontage. The ZBA granted variances
including street frontage (150') pursuant to the original approved decision and plan, petition#2008-
014. The original decision has not lapsed and the ZBA unanimously modified and approved the
revised plan filed by Andover Consultants, Inc. dated January 19,2012 as set forth in response#2
which includes the variance of 150'of street frontage. Additionally,the existing zoning is IS not
residential, therefore Residential District regulations do not apply to the IS zone. The subject
property has a preexisting use with respect to access,egress, and parking without the new project
going forward and has recorded easements.
Let me also add with respect to section 18.6 of the Downtown Overlay District bylaw, and given the
pre-existing and grandfathered use of the property with respect to access,egress, and parking, the
adjacent uses, and no new proposed curb cut, I find the Approved Modified Use and Plan by the ZBA
will have no detrimental impact on access, egress,and parking; and or no detrimental impact on the
neighbor or its visual character,views, and vistas.The proposed project is a significant improvement
to the property and neighborhood given the preexisting use, underlying zoning, and it fits with
adjacent properties.
#4 Determination of Setbacks. In response, section 18.5.3 authorizes the Building Inspector to allow
a calculation of front,side,and rear setbacks standards for new or pre-existing structures in
conformity with 18.5.3.Section 18.5.3a also states in part:
Front,side, and rear building setbacks shall be calculated as follows:The maximum front
and street-side building setback may not exceed the average front yard depth of the nearest
two(2) lots on both sides of the subject lot or(10) feet, whichever is less.
As previously stated above,On February 14, 2012 The Zoning Board of Appeals at a regular meeting
unanimously granted petitioners request for Modification of prior Decision and Approved Plan to
allow the new Residential Use and revised plan for Town Houses as its use is allowed by right
pursuant to the Downtown Overlay District per Section 18 of the zoning by-law. Therefore, based
on the forgoing and pursuant to section 18.5.3 of the zoning bylaw, I find the modified and
approved revised plan filed by Andover Consultants, Inc. dated January 19, 2012 meets criteria of
section 18.5.3 as the ZBA already approved it, and the distance is as allowed by section 18.5.3.
In closing,the Planning Board under site plan review special process is the remaining permitting
authority for the petition. I encourage the Planning Board to approve the project as it meets the
spirit and intent of section 18 of the zoning bylaw as an overlay district by right project and fits with
the neighborhood and surrounding uses.