Download - Maynard Planning Board's McDonald's Decision

PLANNING BOARD TOWN HALL

195 MAIN STREET MAYNARD, MA 01754

To: Town Clerk To: McDonald’s USA, LLC Maynard Town Building c/o Myron J. Fox, Esq. 195 Main Street Rollins, Rollins & Fox Maynard, MA 01754 60 William Street, Suite 220

Wellesley, MA 02481

DECISION OF THE PLANNING BOARD

Application for

SITE PLAN APPROVAL and

FAST FOOD RESTAURANT SPECIAL PERMIT

EARTH REMOVAL SPECIAL PERMIT and

PARKING SPECIAL PERMITS

2½ + 4-6 Main Street

Maynard, MA

June 14, 2010 Applicant: McDonald’s USA, LLC c/o Myron J. Fox, Esq. Rollins, Rollins & Fox 60 William Street, Suite 220 Wellesley, MA 02481 Owner: Howard E. Boeske 51 Powder Mill Road Maynard, MA 01754 Date of Application: March 18, 2010

Maynard Planning Board - 1 - 2½ + 4-6 Main Street

Members Present and Voting: B. Kenneth Estabrook, Chairman Michael Bingley, Vice Chairman Max Lamson Jason Kreil Gregory Price I. General McDonald’s USA, LLC (hereinafter “the Applicant”) submitted to the Maynard Planning Board (hereinafter also referred to as “the Board”) a request for Site Plan Approval and Special Permits for property located at 2½ & 4-6 Main Street (Assessors reference: Map 15, Parcels 82 and 83), as provided for in the Maynard Protective Zoning Bylaw (hereinafter “Zoning Bylaws”), and MGL Chapter 40A, The Zoning Act (hereinafter “Chapter 40A”). The site is currently the location of a McDonald’s Restaurant and a former gas station. The redevelopment project proposal consists of the demolition of the existing McDonald’s restaurant of 4,133 sf and outdoor play area of 720 sf, and construction of a new McDonald’s restaurant of 4,095 sf and indoor play area of 821 sf, all on lot 82. The site presently is comprised of two lots totaling 48,215 sf within the Central Business District (CBD) and the Downtown Mixed-Use Overlay District (DOD). There is a garage on lot 83 which shall remain. Parking is accomplished by surface parking. Building roof runoff and the excess over 1” of surface runoff will be collected and piped into a proposed stormwater management system that will ultimately drain to the Assabet River. The first 1” of surface runoff for the majority of the site will be collected and piped into a proposed stormwater management system where it will be treated and infiltrated on site. Public gas, water, sewer, electric and communications are available and will be utilized for the project. II. Permits Requested:

1. Site Plan Approval under Section 14 of the Zoning Bylaws, including design review per Section 14.4.C, and relief from certain Section 10 sign standards per Section 10.9A;

2. Special Permit to allow a fast food restaurant with a drive through pursuant to Section 5A.3.C of the Zoning Bylaws;

3. Earth Removal Special Permit per Section 11 of the Zoning Bylaws; and, 4. Special Permits for relief from certain dimensional parking standards in Section

16 of the Zoning Bylaws. III. Waivers Requested


A. Waivers to Appendix A of the Zoning Bylaws may be granted in accordance with Section A-II “Conditions Requiring Site Plan” in the Appendix A of the Zoning Bylaw Site Plan Review Regulations. Those waivers requested by the Applicant and considered during the Site Plan public hearings are: 1. Section A-V.A.11 requires that all structures or significant changes in topography

within 50’ of all property lines be shown on the site plan. The site plan does not include such information since that would require the Applicant to survey adjacent private properties for which the Applicant has no permission.

2. Section A-V.C.3 requires the location of fire alarm and terminal boxes be shown on the site plan. That information is not currently available but will be included on the final building plans in the building permit process.

3. Section A-V.C.5 requires the location of all existing drainage and all surfaces contributing to that drainage within 500’ of any boundary be shown on the site plan. The site plan does not include such information since that would require the Applicant to survey adjacent private properties for which the Applicant has no permission. The commercial properties surrounding the site have controlled drainage systems.

B. Waivers to Section 16 may be granted in accordance with Section 16.2.C. “Relief from Parking Standards.” Of the Zoning Bylaw, Parking Standards. The waivers requested by the Applicant and considered during the Special Permit public hearings are: 1. Section 16.3.C.8 requires one space for each three seats for a restaurant with

seating, plus one space for each employee on the largest shift totals. (80 seats ÷ 3 = 27 plus 11 employees; 38 spaces required). The plans show 33 spaces so the Applicant requires a waiver of 5 spaces.

2. Section 16.4.D.1 requires that in the CBD all parking be located behind buildings. The plans show only 6 spaces out of a total of 33 spaces are behind the building so a waiver of 27 spaces is required.

3. Section 16.4.D.2 requires that parking stall not be located within 20’ of the front property line and 10’ of any other lot line. The plans show the most northwesterly parking stall to be 18.5’ from the front property line (requiring a 1.5’ waiver) and the 18 parking stalls along the western side property line within 4.6’ – 5.1’ of that side line (requiring waivers of 4.9’ – 5.4’). Likewise, the Applicant requires a waiver for those 18 spaces being within the limits of the required Section 16.9 landscape buffer.

4. Section 16.4.D.5 requires the stacking area to be 25’ long. The plans show Acton Street stacking area to be only 15’ (requiring a 10’ waiver) and Main Street to be only 5’ (requiring a 20’ waiver).

5. Section 16.4.D.6 requires minimum internal radii to be 10’. The plans show internal radii of approximately 8’ (requiring a 2’ waiver).

6. Section 16.4.D.8 requires raised landscape end islands. The plans show a scored concrete island at the end of the southerly side of the row of 8 stalls adjacent to the proposed building to accommodate the delivery truck.


7. Section 16.5.A requires an 18.5’ minimum length for parking stalls. The plans show the 3 angle spaces in the rear to be 18’ long (requiring .5’ waivers for each).

8. Section 16.7 requires a loading area. The plans show no such loading area (requiring a waiver).

9. Section 16.8 requires a 9” gravel base for access driveways and off street parking areas. The plans show a 6” granular base (requiring waivers of 3” and granular).

10. Section 16.9. (B) requires interior landscaped strips at least 10’ in width. The plans show no landscaped area at the end of the southerly side of the row of 8 parking stalls adjacent to the proposed building in order to accommodate the delivery truck (requiring a 10’ waiver).

C. Waivers to Section 10 may be granted in accordance with Section 10.9.A “Relief From Regulations” of the Zoning Bylaws, Signs. The waivers requested by the Applicant and considered during the Site Plan public hearings are: 1. Section 10.6.A.2.a requires that in the CBD the maximum allowable total permanent

sign area shall be 30 sf and that no individual permanent sign shall exceed 16 sf while section 10.6.C allows only one secondary sign (if the business has more than one frontage which this one does) which cannot exceed 16 sf. The plans show the following with respect to signs:

a. A 33 sf permanent principal freestanding sign requiring a waiver of 17 sf (33 sf minus 16 sf).

b. Two permanent principal McDonald’s signs, each 40.31 sf, so each requires a waiver of 24.31 sf (40.31 sf minus 16 sf each).

c. Three secondary “M” signs, each 13.87 sf. d. One secondary yellow front roof cap element of 140.9 sf needs an individual sign size

waiver of 124.9 sf (140.9 sf minus 16 sf). e. One secondary yellow non-drive thru roof cap element of 22.6 sf needs an individual

sign size waiver of 6.6 sf (22.6 sf minus 16 sf). f. The number of secondary signs (which is five) requires a waiver of four of the

secondary signs. g. The aggregate square footage of all permanent (principal and secondary) signs is

318.73 sf which requires a waiver of 288.73 sf (318.73 sf minus 30 sf). 2. Section 10.3 “Definitions” of the Zoning Bylaws, Illumination, states that internally lighted signs are not permitted. The plans show that each of the six signs in III.C.1.a, b., and c. above are internally illuminated so each requires a waiver for not being externally illuminated. IV. Plans and Documents Submitted in Support of the Application: The supporting materials received by the Planning Board both with the original submission package and with subsequent submissions during the Site Plan Approval and Special Permit public hearing process include the following:


1. Application by McDonald’s USA, LLC for Site Plan Approval and Special Permits dated March 18, 2010;

2. Public Notice Samples, Record of Site Plan Distribution, Assessors certified list of abutters and other interested parties, and written consents of owner to application, submitted with the application;

3. Site Plan of Land entitled “Site Development Plans for McDonald’s,” Maynard, Massachusetts prepared by Bohler Engineering dated December 7, 2009, submitted with the application, with revisions January 21, 2010, April 2, 1010, April 26, 2010, May 3, 2010, May 13, 2010 May 25, 2010 and June 1, 2010 (with each of those revisions submitted shortly after those seven revision dates);

4. Drainage Report entitled “Drainage Report for McDonald’s Restaurant,” Maynard, Massachusetts prepared by Bohler Engineering dated March 15, 2010, submitted with the application, revised April 23, 2010, May 11, 2010, May 13, 2010 and June 1, 2010 (with each of those revisions submitted shortly after the four revisions dates);

5. Elevations and Floor Plans McDonald’s Restaurant prepared by ImagePoint and Bohler Engineering respectively and submitted to the Planning Board on May 25, 2010;

6. “Traffic Impact and Access Study – McDonald’s Restaurant Redevelopment-Maynard, MA” dated March, 2010 with latest revision May 3, 2010, prepared by Vanesse and Associates, Inc., each being submitted shortly after those dates;

7. Three zoning opinions of the Maynard Building Commissioner, Richard A. Asmann, dated April 7, 2010;

8. Colored Menu Board by Everbrite, LLC and colored signs by Image Point (undated); 9. Letters from Bohler Engineering to the Maynard Planning Board dated April 27,

2010, May 4, 2010, May 7, 2010 May 17, 2010 and June 1, 2010 providing responses to comments;

10. Architectural Assessment from Bohler Engineering to the Maynard Planning Board dated May 4, 2010 providing additional discussion about McDonald’s and downtown architecture;

11. Peer review letter reports prepared for the Board by Meridian Associates, Inc., dated April 8, 2010, May 6, 2010 May 25, 2010 and June 4, 2010;

12. Peer review letter reports prepared for the Board by Greenman – Pedersen, Inc. dated April 8, 2010 May 5, 2010 and June 3, 2010;

13. 90/25 Road Sign (undated) by Everbrite LLC submitted May 6, 2010; 14. 48” Building Arch by ImagePoint dated October 14, 2005; 15. Front/Drive Thru Unibody Element by ImagePoint dated July 2, 2004; 16. Presell Board (undated) by Everbrite LLC submitted April 13, 2010; 17. FP Modular Outdoor Menu Board (undated) by Everbrite LLC submitted April 13,

2010; 18. Detail representing existing free standing sign (undated) submitted April 13, 2010; 19. Planning Board received from Bohler Engineering at the public hearing on May 11,

2010 a copy of the “No Left Turn Weekdays 7-9 am and 4-6 pm, Saturday 12-2 pm” sign, menu board decibel level, lumens level of the signs, and WB-50 truck turning plan, all undated;

20. Email from Myron J. Fox, Esquire dated May 25, 2010 to the Board in response to Meridian’s May 25, 2010 report;


21. Signal timing on traffic lights at the intersections of Summer and Main Streets and of Powdermill Road and Waltham Street by Vanasse and Associates, Inc. submitted to the Board on May 25, 2010 and timing models of recommendations submitted to the Board on June 8, 2010 by Vanasse and Associates, Inc;

22. Email from Mr. Fox dated May 26, 2010 to the Board with four photos of the similar Norwood McDonald’s Restaurant showing the building night lighting;

23. Email from Mr. Fox dated May 26, 2010 to the Board showing the building lighting on the elevations entitled Standard Building Plans 4587PP-Wood/Wood, Sheets A 2.0 and A 2.1 prepared for McDonald’s USA, LLC, dated May 24, 2010;

24. Letter to Conservation Commission by Bohler Engineering dated June 1, 2010; 25. Site Plan Sheet 4 by Bohler Engineering revised June 2, 2010 and submitted to the

Board on June 8, 2010; and 26. Utility and Drainage Plan Sheet 6 by Bohler Engineering revised June 2, 2010 and

submitted to the Board on June 8, 2010. V. Public Meeting(s) and Vote of the Planning Board The project was reviewed by the Planning Board at a public hearing opened on April 13, 2010, continued to April 27, 2010, May 11, 2010, May 25, 2010 and June 8, 2010, at which meeting the hearing was closed. Notice for the public hearing was published in the Beacon Villager on March 25, 2010 and April 1, 2010, and sent to abutters of the property and other interested parties by certified mail according to the Assessors’ Certified Abutters List. The Planning Board hereby votes 5 in favor to 0 opposed to GRANT Site Approval (including design review and the sign waivers set forth above except as set forth immediately below), Fast Food Restaurant Special Permit, Earth Removal Special Permit and the Parking Special Permit for parking waivers at its meeting of June 14, 2010. With respect to approving the size, location and number of signs, the Planning Board hereby votes 5 in favor and 0 opposed. The Planning Board’s Approval is based on the findings described below. VI. Site Plan Approval – Findings of the Planning Board After conducting the public hearings, and after its own analysis and deliberation relative to the proposed project and the supporting documents and plans described above and herein, the Board hereby makes the following findings: 1. The proposed project is governed by the Maynard Protective Zoning By-Laws as amended by the October 27, 2008 Special Town Meeting including Regulations, Fee Scheduled and Forms as amended by the November 25, 2008 Planning Board meeting (date of latest applicable revision). 2. The subject property is within the zone known as CBD and the DOD. The applicant has elected to submit the project under the provisions of the CBD. 3. The Conservation Commission is expected to Vote an Order of Conditions for this

redevelopment project on or before June 15, 2010


4. The project is subject to design review set forth in Section 14.4.C. of the Maynard

Zoning By-Laws. 5. By incorporating the conditions of approval imposed by the Planning Board below,

the Planning Board finds that the proposed Project complies with standards for the issuance of Site Plan Approval under section 14 of the Zoning By-law (shown below in italics), as follows:

--The Project must protect adjoining premises and general neighborhood from detrimental use of the lot.

The use as a McDonald’s restaurant, which has existed in this location for three decades, is an allowed use by Special Permit in the Central Business District. The project is consistent with the intent of the CBD and the density of neighboring uses. The project will provide needed improvements within the downtown area and is an improvement of the existing use on the property.

--The Project will provide for the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, properties and improvements. The Board evaluated at great length pedestrian movement along Main Street and within the proposed project site as well as on site parking and vehicular traffic/access. The Board asked the Applicant to move the pedestrian cross walk to a safer place within the site, and the Applicant did so. To improve the existing driveways on Main and Acton Streets, the Applicant moved each of them further away from the Main and Summer Streets intersection and eliminated two of the four existing driveways, thus making the traffic circulation on and off site safer. Likewise the elimination of the former gas station makes the proposal safer than with the gas station, both in terms of flow of people and cars. In addition the Applicant is implementing changes to the current timing signalization of the traffic lights at the intersections of Summer and Main Streets and of Waltham Street and Powdermill Road which will create gaps in the car traffic to better enable drivers to enter and exit the new McDonald’s Restaurant. Also, the applicant agreed that there would be no left turn from the Acton Street driveway onto Acton Street between 7-9 am and 4-6 pm on weekdays and 12-2 pm on Saturdays. The proposal was found to be acceptable considering the constraints on the development site. --The Project will provide adequate methods of sewage disposal, refuse and other wastes, and provide for adequate control and retention of stormwater runoff. Town water and sewer are available at the site and stormwater runoff has been adequately addressed. Accommodations have been made to handle all refuse generated by the project. --The Project will provide adequate methods of underground drainage.


Stormwater runoff has been adequately addressed, and approval is being received from the Conservation Commission. --The Project will provide adequate off-street loading and unloading of vehicles. Limited on-site space is provided for the loading and unloading of vehicles on the site. Emergency and service vehicles may enter through Main Street and exit

through Acton Street and is acceptable considering the constraints on the development site. No comments in opposition to this practice were received from Town officials or the police or fire departments at staff meetings, by letter or by email when requested by the Board. --The Project will provide adequate municipal facilities relative to fire and police protection and other municipal services to meet the needs of restaurant patrons on

the site.

6. The project will provide adequate municipal facilities relative to fire and police protection and other municipal services to meet the needs of McDonald’s patrons on the site. No comments in opposition to the project relative to providing fire and police protection were received from the police or fire department when requested by the Board. The granting of Site Plan Approval with the waivers stated below is consistent with the intent of the Zoning Bylaws.

A. Specific waivers to Appendix A, Section A-II “Conditions Requiring Site Plan,”

of the Zoning Bylaws Site Plan Review Regulation are granted as follows for the justifications cited below:

1. Section A-V.A.11 requires that all structures or significant changes in

topography within 50’ of all property lines be shown on the site plan. The site plan does not include such information since that would require the Applicant to survey adjacent private properties for which the Applicant has no permission.

2. Section A-V.C.3 requires the location of fire alarm and terminal boxes be

shown on the site plan. That information is not currently available but will be included on the final building plans in the building permit process.

3. Section A-V.C.5 requires the location of all existing drainage and all surfaces

contributing to that drainage within 500’ of any boundary be shown on the site plan. The site plan does not include such information since that would require the Applicant to survey adjacent private properties for which the Applicant has no permission. The commercial properties surrounding the site have controlled drainage systems.


B. Specific waivers to Section 10 in accordance with Section 10.9.A “Relief From Regulations” of the Zoning Bylaws, Signs are granted as follows: 1. Section 10.6.A.2.a requires that in the CBD the maximum allowable total

permanent sign area shall be 30 sf and that no individual permanent sign shall exceed 16 sf while section 10.6.C allows only one secondary sign (if the business has more than one frontage which this one does) which cannot exceed 16 sf. The plans show the following with respect to signs:

a. A 33 sf permanent principal freestanding sign requiring a waiver of 17 sf (33 sf minus 16 sf). b. Two permanent principal McDonald’s signs, each 40.31 sf, so each requires a

waiver of 24.31 sf (40.31 sf minus 16 sf each). c. Three secondary “M” signs, each 13.87 sf. d. One secondary yellow front roof cap element of 140.9 sf needs an individual

sign size waiver of 124.9 sf (140.9 sf minus 16 sf). e. One secondary yellow non-drive thru roof cap element of 22.6 sf needs an

individual sign size waiver of 6.6 sf (22.6 sf minus 16 sf). f. The number of secondary signs (which is five) requires a waiver of four of the

secondary signs. g. The aggregate square footage of all permanent (principal and secondary) signs

is 318.73 sf which requires a waiver of 288.73 sf (318.73 sf minus 30 sf). Justification: With the elimination of the existing building signage and internally illuminated roof beams, the minor increase in McDonald’s building signage will be more in harmony with the intent of the regulations. Additionally it’s worth noting that the former gas station canopy and associated signage has been removed to support this project providing a further reduction in overall site signage. In addition, the proposed McDonald’s restaurant has frontage on two streets (Main and Acton Streets) as well as access on those same two streets which require more signs than a business establishment on just one street. The Applicant has, at the request of the Board, reduced its signage from the original application. Given the unique characteristics of this site, the Board finds that the granting of these waivers is not inconsistent with the intent of the Zoning Bylaws.

2. Section 10.3 “Definitions” of the Zoning Bylaws, Illumination states that internally lighted signs are not permitted.

Justification: Waivers are granted for the internal illumination of three

(III.C.1.a and b. above) of the six signs because similar existing signs have been internally illuminated for three decades. The Board prefers to have a new building with new signage rather than the aging existing structures. The new internal illumination will not spill over onto adjacent properties. The applicant has, at the Board’s request, reduced its signage from its original application. Given the unique characteristics of this site, the Board finds that the granting of this waiver will not adversely affect the neighborhood. There


was no neighborhood, other public or staff opposition to the proposed internally illuminated signage received by the Board or the staff. The Board does not grant relief for the internal illumination of the three “M” signs (III.C.1.c above) as that would be excessive internal illumination for this site. Externally illuminating these three “M” signs would not require waiver relief and be more compliant with the Zoning Bylaws.

VII. Special Permit – Findings of the Planning Board The Applicant has requested Special Permits to allow a fast food restaurant pursuant to Section 5A.3.C of the Zoning Bylaws, an Earth Removal Special Permit per Section 11 of the Zoning Bylaws and relief from certain dimensional parking standards in Section 16 of the Zoning Bylaws. After conducting the public hearings, and after its own analysis and deliberation relative to the proposed project and the supporting documents and plans described herein, the Planning Board, acting as the Special Permit Granting Authority (SPGA), makes the following findings with respect to the requested Special Permits. The following findings comply with the requirements for the issuance of Special Permits as enumerated in Section 12.4.3 “Finding and Determination” of the Zoning Bylaws: --The Project complies with criteria or standards as set forth in the applicable section of the Bylaws. 1. The granting of a Fast Food Restaurant Special Permit is consistent with the intent of

Section 5A.3.C of the Bylaws:

A. Section 5A.3.C of the Bylaws allows a fast food restaurant by Special Permit of the Board.

Justification: The use is consistent with the purpose of the CBD and has existed on this site for three decades.

2. The granting of an Earth Removal Special Permit is consistent with the intent of

Section 11 of the Bylaws:

A. Section 11.5.A of the Bylaws requires that the volume proposed for the removal exceeds the minimum practical amount required to accomplish the construction development or improvement in accordance with the plans thereof;

Justification: Due to the construction of the proposed stormwater management systems as proposed, a volume of more than 50 cubic yards may have to be removed, due to constraints on the site. The Applicant may need to remove more than 500 cubic yards if it finds unsuitable soils during construction. Since it is not feasible during construction to stop for an extended duration to have a Planning Board advertised hearing for an earth removal special permit, the Applicant is asking for that special permit now, as a conservative measure, given the previous use on site.


B. Section 11.5.B. of the Bylaws requires that the plans submitted in connection with

the removal are designed to minimize changes in existing contours and to enhance attractive land utilization, effective drainage, suitable road gradients, access or other design considerations;

Justification: The submitted plans roughly follow the existing grade of the site, and are designed to facilitate adequate stormwater management. To reduce earth removal, the site may have to be raised above existing grades which could be an issue in the Riverfront area.

C. Section 11.5.C. of the Bylaws requires that the Board approve the days and hours

of operation, the route of trucks to be used on public way for the removal of earth, the estimated duration of the operation, the types of vehicles to be used and proposed travel routes for such vehicles, the destination of all material, and the proposed treatment of land during operation to minimize, mud and siltation;

Justification: The Board designates the Building Commissioner to oversee such approvals. The Police Department has not requested any restrictions on

construction traffic. Erosion control measures is being approved by the Conservation Commission. Main Street is to be used as the proposed travel route and will utilize a temporary crushed stone construction entrance for mud tracking control. D. Section 11.5.D. of the Bylaws requires that the removal of earth not be

detrimental or injurious to abutters or the neighborhood, whether by alteration of existing topography or by substantial change in the use of public ways in the neighborhood;

Justification: The proposed earth removal does not largely change the existing topography of the site. Also there is no topographic change to the public ways in the neighborhood. All work will be required to comply with State and local requirements.

E. Section 11.5.E. of the Bylaws requires that all applicable municipal permits

and/or approvals have been obtained or are in the process of being obtained;

Justification: An Order of Conditions is being issued for the project by the Conservation Commission.

F. Section 11.5.F. of the Bylaws requires that suitable provisions have been made for the stockpiling of material removed from the Site but not yet transported from the Removal Area. Such provisions shall include a conditions imposed by the Board that, should stockpiled material remain within the Removal Area for a period exceeding thirty (30) days, such material must be re-deposited in the Site and the area of stockpiling returned to its original condition;


Justification: The submitted Erosion Control Plan indicates the intent to provide

erosion control measures in the event soil is stockpiled on site. Erosion control measures, including stockpiling, is being approved by the Conservation Commission.

G. Section 11.5.G. of the Bylaws requires that suitable provisions be made for

restoration of the removal area. Upon the expiration or withdrawal of a permit or upon voluntary or involuntary cessation of earth operation for a period in excess of thirty (30) days, such provisions shall include but shall not be limited to the following:

1. The Site and other affected portions of the Removal Area shall be

graded, leaving no slopes in excess of one (1) foot vertical to two (2) feet horizontal;

Justification: Construction stage erosion control measures, which are included in the approved plans, are being approved by the Conservation Commission. Where not specifically addressed on the plans, stabilization must be performed using methods approved by the Commission as required by the Order of Conditions to be issued for the project.

2. Adequate surface drainage be provided;

Justification: The submitted Erosion Control Plan includes temporary stormwater controls. Erosion control measures are being approved by the Conservation Commission.

3. Boulders shall be either buried or disposed of and stumps shall be

disposed of in a manner satisfactory to the Planning Board.

Justification: The Project Manual & Specifications requires fill materials to be substantially free of organic materials and rocks larger than 2”.

4. The entire area shall be covered with not less than four (4) inches of

topsoil;

Justification: the Landscape Plan indicates 6” loam is to be installed in all planting areas.

5. Adequate cover vegetation shall be planted; all conditions of

restoration shall have been fully completed to the satisfaction of the Planning Board prior to the release of any bond by the Planning Board.


Justification: the Landscape plan indicates complete vegetation cover throughout disturbed areas of the site that will not be covered by other surface materials such as pavement or building. The method of temporary site stabilization shall be approved by the Conservation Commission.

3. The granting of a Special Permit for relief of design and dimensional standards for parking is consistent with the intent of Section 16.2.C of the Bylaws. Specific waivers to the parking standards of Section 16 of the Bylaw which are hereby being granted:

A. Section 16.3.C.8 requires one space for each three seats for a restaurant with seating, plus one space for each employee on the largest shift totals. (80 seats ÷ 3 = 27 plus 11 employees; 38 spaces required). The plans show 33 spaces so the Applicant requires a waiver of 5 spaces. Justification: In an analysis of comparable McDonald’s restaurants, applicant has shown that 26 parking spaces is adequate for this redevelopment project. Requiring more than the proposed 33 spaces would render the project unfeasible due to constraints on the site. A waiver of five spaces is permitted under Section 6.2.C. This waiver will not adversely affect either the use proposed (and its uses) or the parking situation downtown as McDonald’s patrons will not have to park off-site.

B. Section 16.4.D.1 requires that in the CBD all parking be located behind buildings. The plans show only 6 spaces out of a total of 33 spaces are behind the building so a waiver of the location of 27 spaces is required. Justification: Given constraints on the site, it would be unfeasible for additional cars to be parked behind the restaurant. In addition, parking fewer cars behind the restaurant allows better protection for the riverfront area.

C. Section 16.4.D.2 requires that parking stalls not be located within 20’ of

the front property line and 10’ of the side lot line. The plans show the most northwesterly parking stall to be 18.5’ from the front property line (requiring a 1.5’ waiver) and the 18 parking stalls along the western side property line to be within 4.6’ – 5.1’ of that side line (requiring waivers of between 4.9’ – 5.4’). Those 18 stalls are also with the limits of the required Section 16.9 landscape buffer.

Justification: The existing parking areas on the site have very similar

deficiencies as are proposed. The proposed McDonald’s restaurant will be almost in the same location as the existing one. Given the constraints on the site, the proposed deficiencies are inevitable. The parking area does not conflict with the abutting new retail/residential development and will be separated from that use by a fence.


D. Section 16.4.D.5 requires the stacking area to be 25’ long. The plans show

Acton Street stacking area to be only 15’ (requiring a 10’ waiver) and Main Street to be only 5’ (requiring a 20’ waiver). Justification: The Board’s peer engineer consultant, Meridian Associates, Inc., (“Meridian”) wrote to the Board that the revised Site Plan meets the intent of this Section of the Zoning Bylaws. The Board agrees. This parking standard reduction will not prevent the parking scheme from operating acceptably.

E. Section 16.4.D.6 requires minimum internal radii to be 10’. The plans show 8’ radius for internal radii (requiring a 2’ waiver).

Justification: The internal radii of 8’ are adequate for parking access.

F. Section 16.4.D.8 requires raised landscape end islands. The plans show a scored concrete island at the end of the southerly side of the row of 8 stalls adjacent to the proposed building to accommodate the delivery truck (requiring a waiver for the lack of such landscaped end island).

Justification: The scored concrete island is not landscaped so the delivery truck can park there for a brief period of time. There is no other room on-site to accommodate the delivery truck.

G. Section 16.5.A requires an 18.5’ minimum length for parking stalls. The plans show the 3 angle spaces in the rear to be 18’ long (requiring .5’ waivers for each). Justification: Because of the access lane in the rear, the three angled spaces in the rear are 18’ long instead of the required 18.5’. This small 6” deficiency for each of these three spaces does not compromise safety.

H. Section 16.7 requires a loading area. The plans show no such loading area (requiring a waiver).

Justification: Due to constraints on the site, the area where the delivery truck will be parked for about 30 minutes every 4-5 days during off peak hours is reasonable.

I. Section 16.8 requires a 9” gravel base for access driveways and off street

parking areas. The plans show a 6” granular base (requiring waivers of 3” and granular).


Justification: The applicant has submitted data from its geotechnical consultant to the Board which justifies the applicant using a 6” granular base course and a 6” granular sub-base course with a 1.5” top course and 1.5” binder course.

J. Section 16.9. (B) requires interior landscaped strips at least 10’ in width. The

plans show no landscaped area at the end of the southerly side of the row of 8 parking stalls adjacent to the proposed building in order to accommodate the

delivery truck (requiring a 10’ waiver). Justification: The scored concrete island is not landscaped so the delivery truck can park there for a brief period of time. There is no other room on-site to accommodate the delivery truck. --The Project is consistent with the general purpose of this Bylaw and the more specific objectives and purposes applicable to the requested Special Permit, which may be set forth elsewhere in this Bylaw. The Project is consistent with the general purpose of the Bylaw to promote the general health, safety, welfare and convenience of the inhabitants of the Town of Maynard, and to encourage the most appropriate use of land in the Town. The use is consistent with other nearby uses in the CBD. It is also the same use as has existed on this site for three decades. --The Project is designed in a manner that is compatible with the existing natural features of the site and is compatible with the characteristics of the surrounding area. The Project is an acceptable use in the Central Business District and is compatible with other uses in the area. Currently, the existing restaurant is old and outdated. The building consists of painted block and brick and houses rows of lighted beams along the roof which are out of place with the general character of the Downtown. In addition, the existing building has an outdoor Play Place with various slides and apparatus located between the building and the street frontage, which puts the existing restaurant further out of character with the area. Additionally the abutting property formally housed a vacant gas station which was removed to support this development. The project proposes to raze and rebuild the restaurant. The project will result a reduction of close to 3,000 s.f. of impervious area which will result in a significant increase in green space along the project’s frontage at the Main Street/Acton Street intersection which is a very prominent location in Town. This area will be enhanced with proposed landscaping to further improve the visual appearance of this location. Additionally, the applicant proposes to construct a colonial-style street light along the frontage to be consistent with the lights that are currently present on Main Street and serve to bring the site together with its surroundings.


The proposed building contains several design elements which are consistent with the character of the Downtown area and consistent with the review guidelines. The exterior walls of the proposed building are comprised of red brick masonry which is a high quality material outlined in the regulations and consistent with many surrounding buildings in the area. Segments of the bricks are inset in horizontal lines to break up the size of the building and to provide additional character. Further, the building has limestone block elements with colors consistent with the colored building elevations provided and the front and side wall to provide additional layers to the buildings to further break up the mass. The applicant has provided cornices and sills as shown on the colored building elevations provided. It’s notable that original submittals proposed this feature to be constructed of an exterior insulation finishing system (EIFS) material; however, the applicant has modified the design to provide a block similar to the block provided at the existing Walgreens building across the street. It’s the Board’s belief that the red brick exterior walls are similar to several buildings located in the Central Business District including the former Assabet Savings Bank located at 17 Nason Street and the Clock Tower building. The new building will still offer a Play Place to its patrons; however, the new Play Place will be enclosed within the building and will be located to the side of the building, rather than between the building and the street, as is the case with the existing restaurant. As stated above this allows for substantial landscape improvements along the front of the property which is extremely prominent based on its location at the intersection. The project will be a great improvement over the existing building and make for a better fit into the character and spirit of the Maynard Downtown area. --The Project will not constitute a demonstrable adverse impact on the surrounding area resulting from 1) excessive noise, level of illumination, glare, dust, or smoke greater than levels now experienced in the surrounding area, 2) pollution of groundwater or waterways or 3) emission or discharge of noxious or hazardous materials or substances. There is little or no potential for a demonstrable adverse impact on the surrounding area from 1), 2) or 3) above from the proposed building. Adverse impact from illumination was considered by the SPGA, and was addressed by the Applicant’s engineer to the satisfaction of the Board. Any potential for groundwater (or surface water) pollution that may exist from the development is being mitigated through the use of deep sump catch basins, existing sentimentation trap and infiltration basin. The project is being approved by the Conservation Commission via an Order of Conditions. VIII. Conditions Under Which This Site Plan Approval and Special Permits are

Granted


Other approvals or permits required by this or other governmental boards, agencies or bodies having jurisdiction shall not be assumed or implied by this decision. This decision addresses Site Plan Approval and Special Permits only. This Site Plan Approval is granted contingent upon the satisfaction by the Applicant of the following conditions prior to issuance of an occupancy permit (unless otherwise noted), or where appropriate, as on-going conditions of operation.

1. Hours of construction operations shall be between the hours of 7:00 AM and 7:00 PM Monday thru Saturdays. No construction activity shall occur on Sundays. 2. No construction deliveries shall be made between the hours of 5:00 PM and 7:00

AM. 3. Utilities shall be installed per utility owner’s requirements. 4. Appropriate trash receptacles and/or dumpster shall be used; the dumpster shall be

screened from public view. The dumpster shall not be removed for emptying or returned from being emptied during the hours of 8 pm-6 am.

5. Landscaping shall be installed and maintained as shown on the approved plans. Any substitution of trees/plants that are not similar to those shown on the approved plans shall be subject to review and approval by the Board.

6. Only lighting as depicted on the approved plans will be allowed on the building or the grounds, utilizing fixtures as indicated on the approved plans and in only the locations depicted on the approved plans.

7. All work, including erosion control measures, shall comply with the methods contained on the approved plans and specification, and with the Order of Conditions to be issued by the Conservation Commission for the project.

8. If during construction, the presence of petroleum affected or otherwise hazardous material contaminated areas are encountered, all work shall be conducted in accordance with the Massachusetts Contingency Plan (MCP), 310 CMF 40.0000 (and latest amendments), and DEP policy WSC #00-425: Construction of Buildings in Contaminated Areas (2000) which require a focused site characterization and focused risk assessment before commencing with further construction. In case of an encounter, assessment to characterize potentially contaminated area (Areas of Concern) shall be conducted as soon as possible.

9. The Planning Board, the Board of Health, the Building Inspector, the

Conservation Commission and the “Chief Municipal Officer” (Town Administrator) shall be copied on all submittals and DRAFT reports to the DEP that are required by the MCP (complete copies); such as Phase I and Phase II Reports, RAM Plans, etc., before they are filed with the DEP. At the request of any of these Town officials, meetings with the appropriate Town officials shall take place to present assessment and remediation plans, with opportunity to comment. These officials shall direct any action or take any responsibility for work associated with any contaminated soil or the procedures in the MCP.

10. The Long Term Pollution Prevention Plan and Operations and Maintenance plan for the routine maintenance and repair of the stormwater management facilities


that were submitted as part of the site plan approval process shall be made part of this decision.

11. Snow removal shall be in accordance with the Site Plan and Long Term Pollution Prevention Plan and Operations and Maintenance plan. There shall be no snow removal from the property by truck during the hours of 8 pm-7 am except during an active snow fall.

12. The building materials and colors shall be substantially consistent with the colored building elevations submitted to the Planning Board on May 25, 2010. Any significant deviation from such shall require the submittal of revised architectural plans for review and approval by the Board prior to the issuance of a building permit.

13. Roof-top mechanical equipment will be fully screened behind a parapet wall. 14. This Site Plan Approval and Special Permit both shall become invalid after two

years, not including time required for appeal if any, from the date of the granting of these permits if substantial use there of and/or construction has not sooner commenced except for good cause, and in the case of construction, been pursued to completion as expeditiously as practicable. Determinations of “good cause” and “practicable” as used above shall both be at the sole discretion and in the sole opinion of the Planning Board. The Applicant may request a two-year extension prior to the expiration of the original two-year period. Extensions may be given only after a duly noticed public hearing, and only after findings by the Planning Board that the need for the extension is justifiable, that factors influencing the original approval have not materially changed, and that the Board continues to endorse its previous findings.

15. Prior to the issuance of a building permit, a cash deposit shall be tendered to the Town by the Applicant to fund a program of on-going construction observation by the Planning Board’s representative(s). The amount of this fund shall be established based on estimates provided by the Board’s consultant(s). The Planning Board may from time to time require the Applicant to replenish this fund in the event construction continues longer or is more involved than originally anticipated, and more observation time is required.

16. The construction observed shall include but not necessarily be limited to the construction of all site work, grading, drainage and stormwater management measures, dust control measures, erosion control measures, and general adherence to the site plan approved by the Planning Board.

17. Prior to and as a condition of the issuance of this decision, all application fees and/or consultant fees that the Applicant is responsible for shall be paid in full.

18. There shall be no truck deliveries of food and supplies for the restaurant operation weekdays between 7-9 am and 4-6 pm or on Saturdays between

12-2 pm or between 8 pm – 5 am any day.


19. At the exit of the Acton Street driveway there will be posted a sign that states

“No Left Turn Weekdays 7-9 am 4-6 pm Saturdays 12-2 pm,” as shown on the Site Plan.

20. The applicant shall remove the slats from the vinyl coated chain link fence in the rear once the vegetation by the southern side of the fence reach a height of four feet.

21. Before issuance of an occupancy permit, the applicant shall replace the sidewalk (including any wheelchair ramps) along the site frontage, extend the white stripe line on Acton Street from its intersection with Main Street to a point parallel to the McDonald’s new driveway on Acton Street, and implement the recommendations of Vanasse and Associates, Inc. given to the Board on June 8, 2010 regarding the timing of the traffic lights at the intersection of Acton, Main and Summer Streets and the intersection of Waltham Street and Powdermill Road.


This constitutes the record of decision of the Maynard Planning Board relative to: Subject Property/Project: 2½ + 4-6 Main Street, Maynard, MA Applicant: McDonald’s USA, LLC The PLANNING BOARD of the TOWN of MAYNARD (acting under the Maynard Zoning By-Law, Maynard General Town Bylaws, and Massachusetts General Laws, Chapter 40A) by a Vote of 5 in favor to 0 opposed, hereby GRANTS the requested Site Plan Approval and Special Permits, subject to the conditions and limitations contained herein. Signing for the Maynard Planning Board: _____________________________________ B. Kenneth Estabrook, Chairman Date Michael Bingley, Vice Chairman ____________________________________ Max Lamson ___________________________________ Jason Kreil ___________________________________ Gregory Price (Members of a five-member Board; 5 members in attendance and eligible to vote.)


Download - Maynard Planning Board's McDonald's Decision

Top Related