Zoning Board of Appeals, February 19, 2015

TOWN OF HOLDEN

ZONING BOARD OF APPEALS

HEARING

1134 Main Street LLC                                                        Case No SP 1501 & Case No. V 1502                                    

c/o Wei Dong Wang                                                                                               

301 Park Avenue, Worcester, MA  01609

The Zoning Board of Appeals held a public hearing on Thursday, February 19, 2015 at 7:15 p.m. in Memorial Hall, 1196 Main Street, Holden, MA on the Petition of 1134 Main Street LLC for property located at 1134 Main Street for a Special Permit for a restaurant and a Variance for relief from minimum lot area, lot width, front yard and side yard setback requirements.

Members of the Board in attendance:  Ronald Spakauskas,  Silvio Annunziata, James Deignan, Robert Butler and Robert Ricker.

The Chairman called the hearing to order.  The secretary read the application, findings of fact and three letters pertaining to the case.  Attorney Howard Stempler, representing Mr. Wang, addressed the Board.  He explained that his client currently owns and operates two successful restaurants in Worcester.  The Holden Board of Selectmen approved an all-alcohol liquor license for the restaurant.  This has always been a narrow lot which limits the number of uses.  They plan to demolish the existing building and back building.  The plan shows two stacked parking spaces which would be for two employees who would work at the same time.  The restaurant will have sixty seats and will serve American food as well as sushi.

Mr. Wang will need to return to the Zoning Board of Appeals with a variance application for an apartment that is proposed to be above the restaurant, as it was not made a part of the application.

Atty. Stempler said they would need to contact the Town Manager as part of the access road to the parking lot is on Town property and part of the access road used for the Senior Center is on the property that Mr. Wang is purchasing.  They hope to work out a mutual easement, which is required to be voted on at Town Meeting.

J. Deignan expressed concerns related to parking.  Atty. Stempler said they have met with a business neighbor and had a discussion regarding overflow parking.  He currently has four additional parking spaces for himself than is required.  They may be entering into a lease agreement with him.

S. Annunziata asked how customers would be aware of the overflow parking area.  Atty. Stempler said they would probably have a valet for parking. 

Mr. Jack Richard, 1142 Main Street, spoke in opposition of the Board granting these permits.  He felt they did not meet the requirements of the variances, no hardship was proven and this would intensify the prior non-conforming use.

Susan Marsh, 11 Bascom Parkway, expressed concerns about the parking; it would not be a workable traffic situation.  

S. Annunziata asked if the applicant anticipated an outdoor dining area; it was answered no.  He also asked if they planned to have a sign on the building; it was answered yes, an illuminated sign on the side of the building.

R. Butler asked about hours of operation.  They will be open seven days a week for lunch from approximately 11:30 a.m. to 2:30 p.m. and for dinner in the evening but probably will close by midnight.

R. Ricker asked how many of the sixty seats would be bar seats and how many would be restaurant seats.  It was answered that each seat is a dining seat.

R. Spakauskas asked if they planned to have take-out service; yes, but those cars will only be parked for five or ten minutes at a time.

Beverly Mansfield, owner of the business at 1158 Main Street, said she was concerned about the parking issues and also the senior citizens; these need to be addressed.

R. Spakauskas reminded everyone that there is a public parking lot at the Damon House, 1174 Main Street.  He asked the applicant if he had talked with the Town about the Senior Center parking.  Use of Town property would require Town Meeting vote and may conflict with the use of the Senior Center.  P. Harding, Town Planner, said that when the applicant comes before the Planning Board for their Site Plan Review Special Permit the Board could request a traffic study on the driveway.

Lee Hill, 19 Bascom Parkway, said people do not adhere to the signs that are currently on Bascom Parkway and was also concerned about the traffic and parking.

In summation, Atty. Stempler said this restaurant would be a beautiful addition to the area and he and his client are looking forward to working with the Town Manager and Town Planner.

Since there were no further comments or questions, the public hearing was closed at 8:15 p.m.

R. Ricker made a motion to approve the Special Permit to allow a restaurant in a C zoning district with conditions.  S. Annunziata seconded.  Vote 5-0, motion approved.  The conditions for the Special Permit are as follows:  1)  No vendor traffic (deliveries, pickups, etc.) between the hours of 10:00 p.m. and 8:00 a.m.  2)  The restaurant will not be open after 12:00 midnight.

R. Butler made a motion to approve the Variance.  S. Annunziata seconded.  Vote 5-0, motion approved.

                                                                                                       ____________________________________

                                                                                                            Ronald E. Spakauskas, Chairman