The document is a staff report outlining agenda items for the Planning Board meeting on October 14, 2010, which includes proposals for a special permit/site plan at 400 Burts Pit Rd for residential development and an agricultural preservation easement. Additional items include a sit-down restaurant conversion at 176 Pine St, a major site plan for a parking lot construction at 91 King St, and the first phase of redevelopment at the fair site on Fair St. Recommendations for conditions, easements, and compliance with zoning standards are provided for various projects discussed.

1. STAFF REPORT
TO: Planning Board
FROM: Carolyn Misch
APPROVED: Wayne Feiden
RE: Oct 14, 2010 Planning Board Meeting
DATE: Oct 7, 2010
7:00 Special Permit/Site Plan: Cluster, Flag Lot, Common Drive
Project Address: 400 Burts Pit Rd
Zoning SR
Adjacent Uses: Residential
Office of Planning and Development filed this application on behalf of the contract purchaser
who is interested in buying the existing 2-family home on 14+ acres and creating one additional
building lot (the flag lot) and reconfiguring the lot boundary for the 2 family home (through
cluster provision). The applicant intends to place a permanent Agricultural Preservation
Restriction on about half of the acreage and intends to actively farm the parcel.
In addition a the applicant has offered to grant to the City a 15’ to 25’ wide easement for future
potential bike/ped trail from Burts Pit to the rear of the parcel. Though currently not part of a
network, this parcel is just three parcels removed from the open space protected at Pathways
cohousing, Rocky Hill cohousing and the Ice Pond subdivision. Ultimately a connection could
possibly be made to and through Ice Pond to Route 66 and link to the Manhan Rail Trail.
Since this easement is above and beyond the requirement to meet the basic cluster provisions in
section 10.5, staff suggests that due to the grant of access, the value of this easement be counted
as the required traffic mitigation for the addition of one single family house.
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2. Department of Public Works will likely suggest that the easement donation be 30’ in width for
purposes of path maintenance. Since this path (if ever built) is a connector through conservation
area, it is typical that Cons Comm manages such connections. Additionally, the applicant is
offering this above and beyond the permit requirements and the city would accept what is offered
but would not mandate the width beyond what is offered.
Staff Recommendation:
Since this is a staff application, formal recommendations will not be made. Staff does however
suggests that the following conditions be considered:
1. Prior to issuance of a building permit for the new flag lot, the applicant shall record the
Agricultural Preservation Restriction.
2. Prior to issuance of a building permit, the applicant, as offered, grants the easement (or
title) to the City of the corridor shown on the plans.
3. Prior to issuance of a building permit the applicant shall submit a waiver request from the
Department of Public Works for stormwater purposes.
7:20 Special Permit: Sit Down Restaurant
Project Address: 176 Pine Street
Zoning NB (Neigh. Business)
Adjacent Uses: Commercial
The applicant seeks to convert the former retail space to a sit down restaurant. Within NB zones,
restaurants require a special permit.
The existing plaza has plenty of parking to accommodate the use. Hours of operation are off PM
peak use.
Staff has no concerns (other than NB doesn’t make sense). Issue permit as submitted.
7:30 Site Plan- Major: CONTINUATION: Parking Lot /construction of 14,000 sf
Project Address: 91 King St
Zoning URC
Adjacent Uses: Residential
This will again be a joint hearing with CBAC (looking at demolition of the building south of the
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church) . Please see REVISED plans.
This was continued for the applicant to address:
• buffer issues with respect to King Street and abutting neighbors
• Pedestrian/bicycle access from King as well as the bike path,
• Ped access from new building to King Street
• analysis of the location of existing trees and the trees to be removed.
• Stormwater Permit from DPW
Because this is a religious use, Planning Board cannot impose any conditions that would leave
the applicant with no ability to perform its religious mission. The Planning Board may impose

3. conditions that are consistent with the zoning and with what other uses are required to
implement.
The revised plans do show trees in the islands and the row of parking along King Street was
eliminated in favor of leaving 20’ deeper buffer between the sidewalk and the street. A sidewalk
to King Street from the building is also provided.
An earlier draft version of the plans showed a bike path connection that could be added within
rear setback. The final plans submitted, however, do not show the bike path connection. This is
an issue as it relates to compliance with site plan standards, as well as the sustainability plan. It
is important to provide as many non-motorized access points as possible. Since this immediately
abuts the bike path staff recommends a condition that requires a connection be built to the bike
path.
Issues:
• There is no statute that protects trees from being removed for any project. There is no
requirement that a buffer be installed at a certain depth between this use and other uses as
there is between commercial uses and residential uses.
The Planning Board does not have jurisdiction to require that the pine trees be preserved
on site. They are in the footprint of the proposed building and parking lot. Additionally,
there is nothing that has been submitted to suggest that Pine trees are healthy specimen
trees that are important for some aspect of the zoning.
• A traffic letter requesting waiver of a study has been submitted. Department of Public
Works has no issues with the analysis showing mostly off peak hour trips.
• Trees at a ratio of 1 per 15 parking spaces must be planted.
• Some trees proposed to remain are close to construction limits. The permit conditions
should specify that these need protection.
• Any trees in the right of way need Department of Public Works permits to remove.
• Lighting plan does not comply with zoning with hot spots up to 9 foot candles.
Staff Recommendation: It is likely the stormwater permit will be issued, therefore close the
hearing and issue conditions including the following:
• Tree protection measures shall be installed prior to any site work for trees at the entrance.
• Upon completion of first phase and upon completion of second phase of parking,
applicant shall submit a stamped lighting plan showing that installed light levels comply 4
with zoning, with maximum of 5 foot-candles with site average not exceeding 2 (CB
standards).
• Water and sewer line connections shall be made in accordance with Department of Public
Works standards.
• Final plans incorporating conditions here in shall be stamped and submitted prior to any
work on the site.
• A bituminous 5’ wide connection from the parking lot to the bike path prior to certificate
of occupancy for building.

4. • Plans include traffic waiver based on limited weekday use of the new building. If the
days of the week in which the building is used changes to functions that occur during the
PM peak periods M-F (for at least 50% of the functions) traffic mitigation will be
required in accordance with the increase in peak trips generated as described in the
zoning.
8:00 Site Plan: 3County Fair
Project Address: Fair St
Zoning SC
Adjacent Uses: Residential
The project is for the first phase of redevelopment at the Fair. It only involves demolition and
replacement of barn in a new location with associated site development. The total number of
stalls will be fewer than exists today but within 3 larger structures rather than the 10+ barns.
The phase one within the submittal is slightly different than the phase 1 that was approved
previously by the Conservation Commission and the Department of Public Works. Therefore, an
amended stormwater plan must be issued prior to the Planning Board closing the hearing.
If the amendment has not been issued, Planning Board should open the hearing and immediately
continue to the 28th.
Other Business:
ZRC work program(memo distributed earlier this week).
Historical Commission letter
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