pages: PlanningBoard/2007-05-14.pdf, 5
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PlanningBoard | 2007-05-14 | 5 | The public hearing was closed for Board discussion. President Lynch described the conditional use permit process, and noted that there was a difference between a residential use and a commercial use. Board member Mariani noted that she used to live kitty-corner to the old 19th Hole, and noted that she used to live above the liquor store. She noted that the current use could not compare with that use. She believed this was a positive use, and suggested giving the applicant a chance before requiring the use of a noise consultant. She would not be opposed to a 9 p.m. cutoff, especially during the summertime, because dance studios and other businesses that play music were often open until 9 p.m. Board member Ezzy Ashcraft commended Kelly Day for her part in repairing the communication. She believed that the process could have been simplified if the correct procedures had been followed. She believed that the rights of the neighbors had to be balanced with the needs of the coffeehouse, and may not object to 9 p.m. for music performance. Board member Kohlstrand was pleased to see the support for this proposal, and was concerned about the neighbors who lived nearby. She did not want to place untenable conditions on the coffeehouse. Vice President Cook suggested that a limit or cap on the number of performances be placed so a burden would not be placed on the neighborhood. She did not want to put constraints like requiring closed windows on the use. Board member McNamara supported the previous comments by the Board members. She did not believe that keeping the doors and windows closed would be a realistic condition. She believed it would be reasonable to measure the noise over time, rather than prior to the first live performance. She was concerned about respecting the time for the music to stop to accommodate the neighbors. She would support an 8 p.m. time limit during the week. She questioned whether the live music was necessary to play every night. Board member Cunningham noted that the use permit rode with the property, and noted that the Planning Board had always been concerned about uses that may follow this particular use. He requested that a condition be crafted that state that the use permit may require certain mitigations should there be neighborhood concern in the future. Mr. Thomas noted that the Planning Board may modify or add conditions, but there should be a clear set of conditions that clearly articulate the City's expectations in working with the neighbors. President Lynch noted that he was not quite convinced after hearing the testimony, and did not see this item as a complicated issue. He did not believe the applicant should be required to submit an acoustical study prior to the action taken. He believed that with respect to Planning Board Minutes Page 5 May 14, 2007 | PlanningBoard/2007-05-14.pdf |