maynard planning board's mcdonald's decision

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PLANNING BOARD TOWN HALL 195 MAIN STREET MAYNARD, MA 01754

To:

Town Clerk Maynard Town Building 195 Main Street Maynard, MA 01754

To: McDonalds USA, LLC c/o Myron J. Fox, Esq. Rollins, Rollins & Fox 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 2 + 4-6 Main Street Maynard, MA June 14, 2010 Applicant: McDonalds USA, LLC c/o Myron J. Fox, Esq. Rollins, Rollins & Fox 60 William Street, Suite 220 Wellesley, MA 02481 Howard E. Boeske 51 Powder Mill Road Maynard, MA 01754

Owner:

Date of Application: March 18, 2010

Maynard Planning Board

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2 + 4-6 Main Street

Members Present and Voting: B. Kenneth Estabrook, Chairman Michael Bingley, Vice Chairman Max Lamson Jason Kreil Gregory Price I. General McDonalds 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 2 & 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 McDonalds Restaurant and a former gas station. The redevelopment project proposal consists of the demolition of the existing McDonalds restaurant of 4,133 sf and outdoor play area of 720 sf, and construction of a new McDonalds 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

Maynard Planning Board

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2 + 4-6 Main Street

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.

Maynard Planning Board

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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 McDonalds 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:

Maynard Planning Board

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1. Application by McDonalds 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 McDonalds, 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 McDonalds 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 McDonalds Restaurant prepared by ImagePoint and Bo