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Town of Douglas Community Development Department 29 Depot Street, Douglas, MA 01516 T: (508) 476-4000 +TTY 508-476-1619 F: (508) 476-4012 TO: ZONING BOARD OF APPEALS FROM: PLANNING BOARD ZBA APPLICATIONS SPECIAL PERMIT NAME: Alfred Benesch & C CASE #: 2015-02 74 Main Street DATE:1/11/2017 We have no objection to attached request for: Special Permit Variance Other We have an objection to attached request for the following reasons: Special Permit Variance Other Sincerely, for the Douglas Planning Board ZBA The Town of Douglas is an Equal Opportunity Provider and Application.14.0924.doc Employer

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Town of Douglas Community Development Department 29 Depot Street, Douglas, MA 01516

T: (508) 476-4000 +TTY 508-476-1619 ♦ F: (508) 476-4012

TO: ZONING BOARD OF APPEALS

FROM: PLANNING BOARD

ZBA APPLICATIONS SPECIAL PERMIT

NAME: Alfred Benesch & CCASE #: 2015-02 74 Main Street

DATE:1/11/2017

We have no objection to attached request for:

Special Permit Variance Other

We have an objection to attached request for the following reasons:

Special Permit Variance Other

Sincerely,

for the Douglas Planning Board

ZBA The Town of Douglas is an Equal Opportunity Provider and Application.14.0924.doc Employer

Town of Douglas Zoning Board of Appeals

29 Depot Street, Douglas, MA 01516

TOWN OF DOUGLAS ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING

The Town of Douglas Zoning Board of Appeals will hold Public Hearings beginning at 7:00pm on Wednesday, February 1, 2017 in the Douglas Municipal Center, Community Meeting Room, 29 Depot Street, Douglas, MA to hear the following Applications:

7:00 PM John Petraglia is requesting a Variance in a Rural/ Agricultural (R/A) Zoned District pursuant to the Douglas Zoning Bylaws, Appendix B- Dimensional Regulations, to vary the required 90,000 square feet of lot area to 85,089 square feet in order to subdivide the parcel into two lots on property located at 74 Wallis Street, Assessors Map 184, Parcel 3

7:15 PM Main Street Auto & Towing, Inc. is requesting a Modification to a Special Permit (Case #2014-11 — Gilboa Properties, LLC - Findings #2 & #3) in an Industrial Zoned District (IND) pursuant to the Town of Douglas Zoning Bylaws, Appendix A-Schedule of Use Regulations, Section 3.1.3 — Table of Use Regulations to lease 5,000 square feet of space for the service of motor vehicle repair and/or maintenance that will be open to the public and the parking lot will include 20 parking spaces, two of which are handicapped on property located at 120 Gilboa Street, Map 138, Parcel 43.

7:30 PM Alfred Benesch & Co (Case #2015-02 is being reopened) and requesting a Special Permit in a Commercial Zoned District pursuant to the Douglas Zoning Bylaws, Appendix A-Schedule of Use Regulations, Letter F-Other Uses, #1 for a drive-through window located at 74 Main Street, Assessors Map 188, Parcel 33.

A copy of the submittal may be viewed in the Community Development Department during regular business hours. Any person interested or wishing to be heard on the proposed Application should appear at the time and place designated.

Daniel Heney Chairman

_Zoning_Board of Appeals__

Worcester Telegram & Gazette: January 17, 2017 & January 24, 2017

17.0201.doc The Town of Douglas is an Equal Opportunity Provider and Employer

TOWN OF DOUGLAS

ZONING SPECIAL PERMIT APPLICATION FORM

Pursuant to Section 9.3 of the Douglas Zoning Bylaw & MGL Ch 40A § 9

Organization Name 90 144110-4-4-/ bk. / uc.

Street Address Additional Address Gig Simi itrey C r 434033

City/Town i State Zip Code C860) 673 - *734/1 e960) 6 33 - /06, a rcyt- e kl.biesci., • cam-,

Telephone Number Fax Number Email Address

Other Comments

IL Representative Information

AiP ige ki esch Ei a • Organization Name

/44-117,:rpw1 D r, pt. Additional Address

c -/— elleto 33 City/Town State Zip Code

Cted.c.) 633- £17q i ra6b)633- t 66s I-- eye . e Ive t-axed, • cbt4.4 Telephone Number Fax Number Email Address

Other Comments

III. Owner Information

^Jew ‘74,1 4 Pi Pe4 ittrPes ac sse Organization ame Contact Person 29C MI 03.1 pserki Roc ci

Street Address 11004/Scrii

City/Town'

1500 94 — 2// execwidumio;, co go. /• dom

Telephone Number Fax Number Email Address

Other Comments

Site Information

/Se 33 077$ o

Assessors Map(s) Assessors Parcel(s) Deed Book(s) Deed Page(s)

7L Ma ' Ai St kec-f-- Street Address

emu. .s

City/To

Other Comments

r -

Page 1 of 4 last revised: 9/23/2009 10:.43 AM IT

Please attach supplemental documentation, as necessary.

Street Address s frit-7 hury

Additional Address Cam' t9 6 7.77

Zip Code State

Additional Address — — tom/ -5X (a

State Zip Code

Special Pennit.doc

11Prai

a.) Zoning District (Check all that apply): ❑ VR ❑ RA ❑ RC-1 ❑ RC-2

TOWN OF DOUGLAS ZONING SPECIAL PERMIT

APPLICATION FORM Pursuant to Section 9.3 of the Douglas Zoning Bylaw

& MGL Ch 40A § 9

❑ IND

----77,1K51161 CilWg/kt.

b.)Dimensional Standards:

Required Provided

Requirement Met?

/00 (min) 2857 94€

3c), nos:. (min.) 2 3Z/ q a8 S--0 (min.) /37 . 6 "L— [E4ES ❑ NO

[OES ❑ NO

(min.) i 38.8C. YES ❑ NO

is" (min.) ?9 []'ES ❑ NO

35"' (max) M4ES ❑ NO

c.)What is the current use of the Property?:

cat jr4,. pale/

Road Frontage (ft.):

Lot Area (sq. ft.):

Front Yard Setback

Side Yard Setback

Rear Yard Setback

Structure Height:

IC

d.) Cite the specific Bylaw Section(s) for which this Special Permit is being sought:

3. 1 . 3 Tel 4/c- csP Use_ g2 t,e ICegiv/S. — D.-we -/-44 frvey-4, LA.M4161.4 ✓ (-.a#104,1ekri4.1 0514C—

e) Please provide a written narrative of the permit being sought. Include all information pertinent to the nature of the request and the proposed project (attach separate documentation as may be necessary):

Spex-e4 pr—frAit • 7 7t picht.d.e. dkevc -7'74 ktruj A ki pt

Co-P.A.-e- 5'c/el 14/144-1 C.04,9iru. ch6.4, crP

Pms snot 14.5e-S r it 4 div c.,o-Pfee- (iieS

t-c-117217 Crtzse-c_ aot-d -ce Sfiacia,

Special Pennit.doc Page 2 of 4 last revised: 9/23/2009 10:43 AM

Please attach supplemental documentation, as necessary.

TOWN OF DOUGLAS ZONING SPECIAL PERMIT

APPLICATION FORM Pursuant to Section 9.3 of the Douglas Zoning Bylaw

& MGL Ch 40A § 9

mitta equiremen

1) Has a current certified abutters list for all abutters YES 0 NO within 300-feet of the subject properties (and all parties in interest) been submitted with the Application?

2) Have completed certified return receipt cards and OYES P NO an abutter notification form been submitted with the application for each abutter/party of interest identified in item 1, above? (mailing to be performed by the Town)

3) Have eight (8) copies of this complete submittal jg11YES CI NO been transmitted to the Zoning Board of Appeals?

4) Has a plan been submitted at a suitable scale to CtYES 0 NO El N/A clearly show the scope and intent of the proposed project?

5A) Has a copy of the explanation letter from the 0 YES 0 NO El N/A Building Commissioner been provided?

5B) Provide the date of the Building Commissioners explanation letter identified in 5A, above:

6) Additional Information (attach extra sheets as necessary):

7) Are property taxes paid to date for the subject property(ies)? YES 0 NO

VII. Special Permit Criteria (Section Please provide a written description of how each of the following Special Permit Review Criteria is affected by the proposed project If there is an impact on a particular criteria, please indicate how the beneficial impacts of the project outweigh the adverse impacts to the specific review criterion: Cbeck Box where the item has been addressed in an attached narrative. ZI 1. Traffic flow and safety, including parking and loading;

2. Social, economic, or community needs which are served by the proposal; 3. Adequacy of utilities and other public services;

Neighborhood character and social structures; Irripacts on fffe natural- environment, and --

6. Potential fiscal impact including impact on town services, tax base, and employment. se additional Pages as necessary

Page 3 of 4 last revised: 9/23/2009 10:43 AM

Please attach supplemental documentation, as necessary. Special Permit.doc

TOWN OF DOUGLAS ZONING SPECIAL PERMIT

APPLICATION FORM Pursuant to Section 9.3 of the Douglas Zoning Bylaw

& MGL Ch 40A § 9

The fees for work proposed under this Special Permit Application shall be in accordance with the Town of Douglas Zoning Board of Appeals Fee Schedule. Applicants must submit the following inormation to confirm fee payment: v .2 if / 1,74 rn

'IN go airheoh fi-7 -Pr-c_. .7,- Gi viik-1-..$ e 16 Va = 1 Z-1.71-74 Fee Calcul&tions

7-3 21( 2 At (f. Check Number Check date

it'lt A A fp, 1 fa v A I - Pk-6 0 i 2 Of l' irC g Payor name on check

Applicant name (if different from payor) * Please make all checks •a able to the Town of Dou as

X..sioNATuREs.‘

I hereby certify under the penalties of perjury that the foregoing Zoning Variance/Appeal Application and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Zoning Board of Appeals will place notification of this Submittal in a local newspaper at the expense of the Applicant in accordance with the requirements of the State Zoning Act.

I further certify under penalties of perjury that a current list of all abutters and other relevant parties of interest were provided to the Zoning Board of Appeals office with current mailing addresses. These parties will be notified by the Douglas Zoning Board of Appeals pursuant to the requirements of the State Zoning Act. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 300 feet of the property line of the project location.

71. Cr) Signature of Applicant

ietsfeJ1 I Printed or Typed Name of Applicant (it Si nature of Property Owner(s)

ka 1 yemi;"ep Printed or Typed N me of Property Owner(s)

riP.,,,te...40.4.1-4 • 4

Sig ature of Representative (if an

_ 174 ssed___^ -

**Please note that all above signatures must be provided unless a notarized authorization form accompanies the application submittal granting an individual the authority to sign and/or act on behalf of the Owner/Applicant

Printed or Typed Name of Rii:resentative (if any)

Date

Page 4 of 4 last revised: 9/23/2009 10:43 AM Please attach supplemental documentation, as necessary

Special Permitdoc

benesch yrengineers . scientists . planners

Alfred 13enesebtir artripany 90 National DriVe

Glastonbury, 0.06033 viwimbeneShxurn

P 860-633;8341 F 860-633-1068

Special Permit Application 74 Main Street, Douglas, MA

Project Narrative

The proposed project is the construction of a"5,146 s.f. commercial building on a currently undeveloped 232,908 sf. (5.346 ac.) parcel. The parcel is located at 74 Main Street at the northeast corner of Main Street and Reidell Street. The proposed use for the commercial building is a convenience store with a drive through for coffee sales for a portion of the space and office space for the remaining space. The site development will consist of the one-story building, paved driveways and parking areas, (2) stormwater management basins, septic system and utilities. Access to the site will be provided via driveways entering from Main Street and from Reidell Street. The proposed use requires 37 parking spaces and 37 spaces will be provided; 26 spaces in front of the building and 11 spaces on the east side. The two required accessible parking spaces are located in the front of the building. The proposed loading space and trash receptacles will be located in the rear of the building. The traffic flow is designed to provide for queueing for the drive-through window around the rear of the building with adequate driveway width to permit pass though of vehicles:Proposed parking spaces, drive aisles and loading spaces comply with Town of Douglas Zoning By-Laws.

The parcel is located within the DEP Approved Zone II within the Water Resource District. Proposed sanitary sewage disposal will be via a septic system at the front of the site along Main Street. The proposed estimated sewage flows will be 1,315 gallons per day. Soil testing for the septic system has been done by a Certified Soil Evaluator and soils were found to be suitable for the septic system with extremely permeable, sandy soils. A full septic system design will be done and submitted for approval following local site plan approvals.

The proposed commercial building will be served by public water from water mains located in Main Street and Reidell Street. Electric and telephone service will be provided from the overhead service lines on the adjacent streets. Stormwater runoff from the site will flow to (2) stormwater basins where the runoff will infiltrate with no leaving the site The runoff will flow through hydrodynamic separating units for treatment prior to discharge to the basins.

The proposed development is a permitted use in the Commercial Zone and is in character with the area The abutting parcels are all within the Commercial Zone. The proposed development will generate tax revenue for the Town and the proposed retail use will provide convenience for the local residents. Traffic on the local roadways is relatively light and will not be adversely affected by the small amount of traffic

---generated-brthe-proposedlevelopment.

e _ynolds _

Building Commissioner

1 -

BUILDING DEPARTMENT 29 Depot Street • Douglas, MA 01516

508-476-4000 Fax: 508-476-4012 TTY 508-476-1619

Adelle Reynolds Building Commissioner

Jane Alger Administrative Secretary

February 4, 2015 Mr. Russell Cyr, P.E. C/o Alfred Benesch & Co. 90 National Drive Glastonbury, CT. 06033

Re: 74 Main Street, Douglas, MA

Dear Mr. Cyr:

You have submitted a Site Plan Review application to construct a commercial building for a convenience store/ office with a drive through window for coffee sales on the property located at 74 Main Street, Douglas, MA. The property is also identified as Parcel #33 on Douglas , • Assessor's Map #188 and is located in a Commercal Zoned •

i

Area.

Although the retail and office uses are allowed uses within the Commercial Zoned Area, under the Douglas Zoning Bylaws, Appendix A-Schedule of Use Regulations, Letter F Other Uses, #1 reads as follows:

Trive-through or drive-up window or facility at otherwise authorized Use or as free-standing structure or kiosk"

Under the Commercial District a drive-through is allowed by Special Permit from the Zoning Board of Appeals.

You will need to submit a Special Permit application to the Douglas Zoning Board of Appeals to obtain approval for the Drive-through window before a building permit would be approved for plans that include the drive-through window.

If you have any further questions, please do not hesitate to contact our office. You can reach us at 508-476-4000 ext. 351. We will be happy to assist you in any way we can.

Cc: Douglas Planning Board Douglas Zoning Board of Appeals

Town of Douglas is an Equal Opportunity Employer.

**ZONING BOARD**

Abutters List Renort

CERTIFIED COPY Town of Douglas, MA January 09, 2017

NEW ENGLAND REALTY VENTURES LL 296 THOMPSON HILL RD THOMPSON, CT 06277

BUCKEYE PIPE LINE COMPANY LP ATT ACCOUNTS PAYABLE UTILITIES 1 GREENWAY PLZ STSE 600 HOUSTON, TX 77046-0121

Mailing Address:

WHITEHEAD RAY B 68 OLD FARM RD DOUGLAS, MA 01516

BUXTON, MARTHA A PO BOX 911 DOUGLAS, MA 01516

171-24 171-24

Parcel Number:

Cama Number:

Subject Properties:

188-33 188-33 74 MAIN ST

Property Address: 104 MAIN ST

Parcel Number: 187-1 Cama Number: 187-1 Property Address: 65 MAIN ST

Mailing Address:

Parcel Number: 187-23 Cama Number: 187-23 Property Address: 60 MAIN ST

Mailing Address:

Mailing Address:

Mailing Address:

RIEDELL BROWErEVELOPMENT CORPORATIO INC 14 WEST §TR' EET DOUGLO, MA 01516

TOWN OF DOUGLAS NEW FIRE STATION SITE 29 DEPOT STREET c/o BOS DOUGLAS, MA 01516

Mailing Address: TOWN OF DOUGLAS TRANSFER STATION 29 DEPOT ST. c /o BOS

DOUGLAS, MA 01516

Parcel Number: 187-28

Cama Number: 187-28 Property Address: 12 RIEDELL RD

Mailing Address: RIEDELL BROOK DEVELOPMENT CORPORATION INC 14 WEST STREET DOUGLAS, MA 01516

Parcel Number: 187-29

Cama Number: 187-29 Property Address: 10 RIEDELL RD

Parcel Number: 187-30

Cama Number: 187-30 Property Address: 64 MAIN ST

Parcel Number: 187-31

Cama Number: 187-31 Property Address: 9 RIEDELL RD

Parcel Number: 188-12

Mailing Address: GUIOU JOYCE D TR JOYCE D GUIOU REVOCABLE TRUST

Cama Number: 188-12

6 BROOKLINE TERR Property Address: 21 GLEN ST

DOUGLAS, MA 01516

Parcel Number: 188-21

Mailing Address: HUFF ERIC S FLYNN JOCELYN S

C`.ama Number . 188,21 _ _89 _MAIN_STREET_ Property Address: 89 MAIN ST

DOUGLAS, MA 01516

Mailing Address: Parcel Number:

Cama Number:

Property Address:

188-22 188-22 MAIN ST

GAMACHE TH9MKS N 87 MAIN STREET DOUGLAS VIA 01516

1/9/2017 Abutter's List Report -Douglas, MA Page 1 of 2

Parcel Number: 188-23

Mailing Address: GAMACHE THOMAS N Cama Number: 188-23

87 MAIN STREET Property Address: 87 MAIN ST

DOUGLAS, MA 01516

TETREAULT, MERRITT D 280 YEW STREET DOUGLAS, MA 01516

Mailing Address: Parcel Number: 188-24 Cama Number: 188-24 Property Address: 85 MAIN ST

Mailing Address:

atna u •

Property Address: 86 MAIN ST

Parcel Number: 188-36

Cama Number: 188-36 Property Address: 92 MAIN ST

DOUGLAS, MA 01516

GRENIER MATTHEW VON MILDISCH-GRENIER VANESSA 92 MAIN STREET DOUGLAS, MA 01516

1/9/2017

Subject Properties: **ZONING BOARD**

188-33 artIf

#-------- NEW ENGLAND-REALTY VENTURES LL 188-33 296 THOMPSON HILL RD 74 MAIN ST THOMPSON, CT 06277

Mailing Address:

Mailing Address:

Mailing Address:

Parcel Number: 188-25

Parcel Number: 188-26

Cama Number: 188-26 Property Address: 6 BROOKLINE TERR

Parcel Number : 188-29

Cama Number: 188-29 Property Address: BROOKLINE TERR

GUIOU JOYCE pp/ JOYCE D GUIOU- VOCABLE TRUST 6 BROOKLINE; RR DOUGLAS,yA 01516

GUIOU JOYCE D TtR"' JOYCE D GUIOM EVOCABLE TRUST 6 BROOKLINE TERR DOUGLAS; MA 01516

GUIOU JOYCE D

RR 6 I3ROOKLIN TE JOYCE D GUIO TRUST

DOUGLA ,5JVIA 01516

Cama Number: 188-25 Property Address: 81 MAIN ST

Parcel Number: 188-31

Cama Number: 188-31 Property Address: BROOKLINE TERR

Mailing Address: GUIOU JOYCE DX JOYCE D GUI9teiREVOCABLE TRUST 6 BROOKLINE TERR DOUGLWMA 01516

GUIOU JOYCE D,TR JOYCE D GUIPU REVOCABLE TRUST 6 BROOKLINE TERR DOUGL6S, MA 01516

Parcel Number: 188-30

Cama Number: 188-30 Property Address: 5 BROOKLINE TERR

Mailing Address:

Cama Number: 188-32 Property Address: 71 MAIN ST

Mailing Address: GUIOU JOYCE TR / JOYCE D GUI00EVOCABLE TRUST 6 BROOKLINpIERR DOUGLA,,,(MA 01516

Parcel Number: 188-32

Parcel Number:

188-34

Mailing Address: PERKINS, CHRISTOPHER D PERKINS, KIMBERLY S

Cama Number: 188-34

80 MAIN STREET PO BOX 823

Property Address: 80 MAIN ST

DOUGLAS, MA 01516

Parcel Number:

188-35 Mailing Address: CAHILL, MICHAEL E CAHILL, THERESA ,N

**ZONING

,, ri = = E • and 74 in St

88-3

-188- 3-2,

Town of Douglas Zoning Board of Appeals

29 Depot Street — Douglas, MA 01516 508-476-4000 — Fax: 508-476-4012

TTY: 508-476-1619

DECISION CASE NO. 2015-02 ALFRED BENESCH & COMPANY

74 MAIN STREET

Decision of the Douglas Zoning Board of Appeals (the "ZBA"), upon the Application of, Alfred Benesch & Co. with an address of 90 National Drive, Glastonbury, CT 06033, (the "Applicant") for a Special Permit pursuant to the Town of Douglas Zoning Bylaws, Appendix A — Schedule of Use Regulations, Letter F-Other Uses, #1 for a drive-through window. The property is located in a Commercial Zoned District at 74 Main Street, Douglas, MA 01516 (the "Locus"), Map 188, Parcel 33. A Public Hearing was held on April 1, 2015, at the Douglas Municipal Center, pursuant to notice thereof published once in two successive weeks in a newspaper of general circulation in Douglas, the first publication of which was not less than fourteen days before the day of the Public Hearing, by posting such notice at the Town Hall at least fourteen days prior to the day of the Public Hearing and by mailing a copy of said notice to all parties in interest.

Subject to the below Findings, the Application for a Special Permit is Denied.

FINDINGS: 1. The Application has been previously presented to the Douglas Planning

Board, which, based upon the material presented to them, had no objection to the request for a Special Permit. However, there were concerns from the Police Chief (regarding access to/from entrances), Fire Chief (relocate the telephone pole) and Highway Superintendent (Pole #73 should be relocated due to increased traffic exiting RiedeII Road and would also like to see "No Parking" signs along Main Street due to possible truck parking on Main Street).

2. The Locus is in a Commercial Zoned District with 232,908 square feet of land (5.346 acres).

3. The Applicant did not present any revised plans or propose other options for the drive-through window.

4. As grounds for denying this Special Permit, the Board finds as follows: a. East bound traffic turning left in to the proposed drive thru would be

hampered by solar glare while cutting across the west bound lane. - ----This-woulthrosult in-safcty-issues.-- - - - — ------------

NOTE: Any person aggrieved by this decision may appeal to the Worcester Superior Court within 20 days of the date the As., decision is filed with the Douglas Town Clerk. No variance or special permit issued by the ZBA shall take effect until it has been',..- filed in the Worcester County Registry of Deeds with certification from the Town Clerk that 20 days have elapsed Oncrchel decision was filed with the Town Clerk and that no appeal has been filed or if such appeal has been filed, it has been disi0clAri 7,7 = denied. a 205

Douglas is an Equal Opportunity Employer and Provider a a ERK.

A

Town of Douglas Zoning Board of Appeals

29 Depot Street — Douglas, MA 01516 508-476-4000 — ' Fax: 508-476-4012

TTY: 508-476-1619

b. The distance from the curve in the road appox 600-800' west of the proposed entrance is of concern due to its proximity to the drive- through entrance. In the event that traffic queues extend to the street, dangerous conditions could result. Similar concerns relate to the change in road elevation.

c. The traffic study was not done on the busiest day or time of the week - Saturday AM. Given access to the transfer station and sports activities, this is a very busy time Also additional traffic was not considered for the summer months. Douglas has many recreational areas open in the summer VVallum Lake, including water slides, several campgrounds, the state forest (motorcycles, horseback riding, hiking and mountain-biking). Travel on Rt 16 is necessary to access these activities.

d. Anecdotal information indicates that there have been several serious car accidents in the area

e. Having an additional drive-through in this area would result in significantly more traffic which would adversely affect the neighborhood's character.

f. Several residents opposed the plan as presented 5. Approval of the request of the Applicant would substantially nullify or

derogate from the intent and purpose of the Bylaws, which ensure adequate access to and from entrances.

NOTE: Any person aggrieved by this decision may appeal to the Worcester Superior Court within 20 days of the date the decision is filed with the Douglas Town Clerk. No variance or special permit issued by the ZBA shall take effect until it has been filed in the Worcester County Registry of Deeds with certification from the Town Clerk that 20 days have elapsed since the decision was filed with the Town Clerk and that no appeal has been filed or if such appeal has been filed, it has been dismissed or denied.

Dou6las is an Equal Opportunity Employer and Provider

No Abstain

Demers, Leonard

Fitzpatrick, Michae1400 00,111411111100.

40° Dated 57" Q041--

Filed with the Town Clerk on 5- /5

Town of Douglas Zoning Board of Appeals

29 Depot Street - Douglas, MA 01516 508-476-4000 - Fax: 508-476-4012

TTY: 508-476-1619

X Record of Vote Therefore, the ZBA, five members being present and voting al a duly called meeting held on April 1, 2015 by vote of none (0) in favor to 6W --'-‘ Zg) 4gainst, denies the petition for a Special Permit with the above Findings. A record of the vote is as follows:

Christine E. G. Furno, To n Clerk Eileen F. Damore, Asst. Town Clerk

NOTE: Any person aggrieved by this decision may appeal to the Worcester Superior Court within 20 days of the date the decision is filed with the Douglas Town Clerk. No variance or special permit issued by the ZBA shall take effect until it has been filed in the Worcester County Registry of Deeds with certification from the Town Clerk that 20 days have elapsed since the decision was filed with the Town Clerk and that no appeal has been filed or if such appeal has been filed, it has been dismissed or denied.

Douglas is an Equal Opportunity Employer and Provider

jah-lefiv Town Clerk

TOWN OF DOUGLAS MASSACHUSETTS

01516

TOWN CLERK

Petitioner: Alfred Benesch & Co. 90 National Drive, Glastonbury, CT 06033 Owner: New England Realty Ventures, LLC Address: 296 Thompson Road, Thompson, CT 06277 Location: 74 Main Street, Douglas, MA 01516 Deed Reference: Book 51785, Page 110

I hereby certify that a copy of the decision of the Zoning Board of Appeals of the Town of Douglas related to the application of

ALFRED BENESCH & CO.

for a Special Permit was filed in this office on /a)/ , ci and that no notice of appeal was filed during the twenty (20) days next day after that date.

Asst. Town Clerk

S:\Pair\cdd\zba\admin\2015-02 Alfred Benesch, 74 Main Street\Town Clerk.Twenty Day Notice Period.doc

TOWN OF DOUGLAS Planning Board

Tax Verification Form Please complete your section below and return to the Planning Board Office

Address 74" /2Z9/i) Si, s Map /8T Parcel c.7,F Lot

Owner/llad Z---* /)///11 rknly,/ kkifatec Telephone reef-- 907- viv

Applicant Telephone

FOR OFFICE USE ONLY:

TAX COLLECTOR Are the taxes on this lot paid up to date? ri Yes No L'e

Comments: S ry742( Ado, 61-1 P?' 1/9 (12'<ise--44

Signed: C3-1,y,vb Title: 4sT (7/-- &//e c/ Date: /- -/7

* For multiple parcels associated with a project, please fill out a separate Tax Verification Form for each individual parcel.

Maria Lajoie

From: Michael Kennefick Sent: Wednesday, January 04, 2017 1:05 PM To Maria eo Laji

. .

Cc: Jay Talerman Subject RE: NE Realty Ventures

1. It must be advertised and the abutters should be notified. I will notify their attorney of this as well, and will cc you on the email. Yes, the appeal runs from the date of filing with the Clerk/stamping.

From: Maria Lajoie [mailto:[email protected]] Sent: Wednesday, January 4, 2017 12:24 PM To: Michael Kennefick <[email protected] > Subject: RE: NE Realty Ventures

Regarding NE Realty: Don't we have to advertise and/or notify the abutters? Just re-open the hearing? I was going to ask Dan if he wanted to have them in at our February 1 st meeting. Secondly, the decision should be dated December 7 th , the night they voted and doesn't the 20-day appeal period start when the Town Clerk stamps it in today? Maria

Maria D. Lajoie Administrative Secretary Community Development Department 29 Depot Street Douglas, MA 01516 T: 508 .476-4000 x357 F: 508-476..4012 E: mlajoie©douglasma.orp

Kindly remember that the Secretary of State has deemed e-mail a public record.

From: Michael Kennefick [mailto:[email protected]] Sent: Wednesday, January 04, 2017 12:18 PM To: mlajoie©douglasma.orq Cc: Jay Talerman Subject: NE Realty Ventures

Maria:

Regarding the NE Realty remand, it isn't necessary for the applicant to submit a new application. The hearing will simply have-tobre-o is_that_tha. Board wanted_to_have_them_in_initiallyta_go_oversche_ditling,_e_t_c, bit _ _ _

nothing of any substance should be discussed until the hearing is opened. To be safe, it might be best to just open it when they come back in to meet for the first time

As for the Shore Road appeal, the decision should be dated when they voted on it. The appeal will run from the date of filing.

Michael J. Kennefick Mead, Talerman & Costa, LLC 730 Main Street, Suite 2B Millis, MA 02054

Maria Lajoie

From: Michael Kennefick Sent: Wednesday, January 04, 2017 1:11 PM To Maria Lajoie Cc: Jay Talerman Subject FW: NE Realty

FYI — see below

Michael J. Kennefick Mead, Talerman & Costa, LLC 730 Main Street, Suite 1F Millis, MA 02054 Tel. 774-993-5003

From: Michael Kennefick Sent: Wednesday, January 4, 2017 1:10 PM To: 'Mark Lee' <[email protected] > Subject: NE Realty

Mark:

You are not required to file and submit a new application. I spoke with the Town and the matter will be re-opened.

The re-opened hearing must be advertised, however, and abutters must be notified.

Michael J. Kennefick Mead, Talerman & Costa, LLC 730 Main Street, Suite 1F Millis, MA 02054 Tel. 774-993-5003