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HomeMy WebLinkAboutmin of planning brd 05142008 Planning Board Minutes RECEIVED May 14, 2008 fOW~1 CLE!~KS OFFICE Present: H. Thomas French, Chair; John DeMassi, Clerk; Doug Annino, ~l1Pael McClanahan, Stan Feck, Beth Ashman-Collins, Tony Jodice, Donald Cle~9\ItJ&lnale A 8: 211 Shaun P. Burke, Director of Planning and Development Motion: To appoint Mr. McClanahan acting clerk (Annino-Jodice) All in favor. PASSES [Mr. Feck arrived at this time] 1.2. .Col'respoJldellce . j 1. Minutes May 7, 2008 Motion: To accept as submitted (Jodice-Cleary) Four in favor. Three abstentions. PASSES 2. Meeting notices Easton, North Attleboro Mr. McClanahan said at last week's meeting, the board discussed a hammerhead roadway for the preliminary subdivision on Winter Street. He said he didn't remember the board approving a road like that. Mr. French said the applicant plans to bring back a revised plan, possibly showing a cluster development. Mr. French asked the board to forward any comments on the draft Master Plan to the Planning Department or to Pare by May 21, so the consultant can have them one week before the May 28 meeting. Mr. Jodice asked why the Planning Board isn't involved in the downtown fa~ade program. Mr. Burke said the board was involved in putting together the design guidelines, but the Community Development office is the consultant for that grant program. He said there had been discussion about what size committee would be appropriate, and because the grant money is supposed to be spent by June, the most expedient thing to do was to use the same group that reviews the housing rehab applications. He said there is only about $170,000, so only a few building facades and signs will be done, and if it is successful, the town will apply next year. Mr. Burke said a question has come up about "blade" signs, and asked if the board had an opinion about them. Mr. Annino said he thinks that type of sign should be encouraged. The board agreed. [Mr. DeMassi arrived at this time] The clerk read a memo from Mr. Burke indicating the board has to specifically find that the driveway width, which is in excess of 60 feet, will facilitate traffic flow and safety. Planning Board 1 5/15/2008 The clerk read a memo from Mr. Sullivan indicating his concerns have been satisfied, provided the board makes the above finding and gets a copy of the Mass Highway curb cut permit. Motion: To find that the driveway width will facilitate traffic flow and safety (McClanahan-Feck) Ms. Ashman-Collins said she doesn't think the changes go far enough at this location. Five in favor. One opposed. PASSES Mr. French said at the last meeting, the board voted to have Mr. Burke prepare an approval on this special permit application. Mr. Annino asked about the third party agreement. Mr. Burke said there is a deal between Drake Petroleum and the owner of 900 South Main Street to provide the funds necessary for the installation of an air quality system. Mr. Decker explained that abutter had health concerns about the gas station, the parties met and went through those concerns and agreed on the specifications for the air quality system. He said the property at 900 South Main Street is for sale, so under the agreement, a number was arrived at for the funding of the installation of the system, and the homeowner can install the system or not. He said the abutters were at the last meeting, and indicated they were satisfied with the agreement. Mr. Annino said he was concerned about the health of abutters across the street. Mr. Decker said they will be providing the money for the installation of the system, and it will be up to the abutter to have it done or not. He said they arrived at the amount after preparing the specs. Mr. French noted this agreement will not become part of the special permit. He said the air quality issue was critical because the existing abutters would be affected by this new use, but a new owner of that property would know about the gas station before buying. Mr. Feck said he didn't think the agreement should have come before the board because of liability issues; he said this is a private party matter and the town shouldn't be involved. Mr. Decker said if the house is not sold before construction on the gas station begins, the homeowner will be able to have the system installed with the funds provided by Drake Petroleum. Mr. Annino asked Mr. Burke about the agreement. Mr. Burke said the condition in the special permit referencing the agreement doesn't leave the town exposed to liability. He said if the board is uncomfortable with it, that condition can be removed. He said the parties have come to a private agreement, and the installation (or not) is up to the homeowner. Motion: To delete condition 18 as written (McClanahan-Feck) Five in favor. One abstention. PASSES Motion: To approve the special permit as amended (McClanahan-Feck) Planning Board 2 5/15/2008 McClanahan - In favor. The benefits outweigh the detriments, and the applicant has worked hard on this project. I believe it will help increase safety at the intersection, especially during Tweeter shows, and will bring jobs and tax revenue. The applicant has addressed the abutters' concerns. Annino - In favor. I think the applicant has addressed most of the board's concerns, and the design has improved since the application was submitted. The board spent a lot of time working on this to get something that would fit in with the neighborhood and the town. I hope this project will not have adverse traffic impacts. DeMassi - Opposed. I don't think this is a good use for this site. Its proximity to the Tweeter Center is a concern, and I believe more improvements on South Main Street are needed to make this type of use work. I don't think the second entrance is a good idea, and I don't think these are the kind of jobs the town is trying to attract, and am concerned this use will encourage crime because of its location near the highway. Jodice - In favor. The benefits outweigh the detriments. This is the final phase of developing this property, the value of other businesses in the area will rise, and this will provide tax revenues. The applicant has satisfied the board's concerns, and I believe the applicant will monitor any health issues. I am not happy about the traffic on Route 140, but this will add options for consumers, the area will be helped by the build-out of this property, and it will draw other businesses and jobs. Feck - In favor. The benefits outweigh the detriments. I think this is a good location for this use. French - In favor. It took awhile, but I think the applicant finally got the plan and buildings modified to the satisfaction of the board. I share the traffic concerns, but Mass Highway has given the site a permit, it will provide economic and convenience benefits, and the building with landscaping and the air system for the abutter will mitigate its impact on neighbors. 5 in favor. 1 opposed. PASSES Motion: To close the public hearing (McClanahan-Annino) All in favor. PASSES Architect David Udelsman explained the revised site plan, including the extent of tree cutting and the no-build zone around the wetland areas. The plan shows the primary means of access to the site, pedestrian access with new sidewalks connecting to the existing sidewalks in the Village at Willow Crossing. The crosswalks will be stamped, colored asphalt. The walking paths will be added to connect to the existing paths, for a total of about one mile of paths. The access from Branch Street is for secondary emergency access only, and the gate will be on Village property. The roadway will be 24 feet wide. Planning Board 3 5/15/2008 They have met with the landscape architect to find a way to use a majority of drought- tolerant material. The tree line along the bike path has some gaps, and they will leave the existing trees and filling the gaps with evergreen to screen the bike path and residents. The are proposing to add an irrigation system to the property. Benches are proposed along the walking paths and sidewalk areas. Mr. DeMassi asked if the paths will be maintained. Mr. Udelsman said they would be. The mailboxes will be at the clubhouse. Mr. Udelsman said the existing tree line along Marshall Avenue side of the site is dense. The tree line along the bike path is substantial, which will be kept and the gaps filled in. They are proposing a new signage program for this phase and the existing Village to include directional, traffic and informational signs. Mr. Udelsman presented a plan showing a cross-section through the center of the site, which his flat throughout. The bike path is a few feet lower than this site. The proposed sidewalks are five feet off the roadway with a grass strip in between. The light poles are of the same style as the existing Village. They are not intended to light the entire roadway, but to light the path. There will be no floodlights or decorative wall lighting on the residential units. The residences have covered front porches with recessed porch lights. The owners will have the option for either a screened porch or a covered patio, both with downward-facing lighting inside and no wall lighting. Mr. Udeslman explained the residential unit design. The roof pitch has been changed to a 6-12 pitch on the main front-to-back ridge line with a 9-12 pitch at end. The gable faces over garage were changed to use a short length of shed roof to break up the profile. The materials have been changed to cement fiber clapboard with pvc cement fiber trims. He said they have spoken with their sustainability consultant about the project, and while pvc doesn't have a high recycled content, it lasts a long time. The larger buildings with four and six units have roof changes similar to two-unit buildings. The footprint of the clubhouse has increased slightly to add amenities and mailbox areas. Mr. Udelsman said they have had their sustainability consultant review the project to see what could be done for LEED certification. He said they are confident it will be at least certified, and may be Silver LEED certified. A resident asked if the same type of pear trees in the existing Village will be used in the new development. Mr. Udelsman said the landscape architect's plan for street trees includes drought resistant flowering pear trees, along with two other types of trees, so in case of disease, all the street trees are not lost. Planning Board 4 5/15/2008 Mr. Valanzola said the fence has been pulled back at the Branch Street emergency access, which is also proposed as the construction access. He said they are trying to balance the concerns raised about the bike path and using that as a temporary access. He said they will be spreading out the burden of access so Cobb Street isn't the only access for construction. He said there may also be issues with turning radii for construction trucks on Cobb Street. He said the Branch Street construction access would probably be used for three or four months, and they will hire an attendant to monitor the pedestrian traffic across the bike path. He said they would like to leave the asphalt in place and repair any damage the construction causes. Mr. DeMassi said the board was concerned about whether a project of this size is feasible with only one entrance. Mr. Valanzola said they conceded early on that their only access would be through Cobb Street because they are sensitive to the concerns about the bike path. However, he said they do have legal access through Branch Street, which they could use as a second access if the board wants that. He said because this is the same owner, they can access through the existing Village roadway system. He said he doesn't think the town can build a bike path and tell those who have frontage over it that they cannot use it, but he said the concerns about the bike path are why they are proposing to only use Branch Street as emergency access. He said the roadway length is a result of not using Branch Street. Mr. DeMassi asked if anyone had considered building a bridge to lift the bike path over a Branch Street entrance. Mr. Valanzola said they had not considered that. He said the feedback he has received from public safety officials indicate there are no concerns with using Branch Street for secondary emergency access. He said there would be a gate, and in the event of an emergency in which they cannot use Cobb Street, they will use Branch Street. There will be a knox box with a key or a crash gate. Mr. Valanzola said there are currently eight units per acre at the Village, and with the addition of 56 units on 30 acres in this new phase, there will be two units per acre. Mr. DeMassi said this is an additional 56 units with a very long access to get from one end to the other, and he is concerned about that. Mr. Valanzola said his meetings with staff indicated the town doesn't want the bike path disturbed. Mr. Annino said there was a request at the last meeting about a traffic study for the Cobb Street corridor. He asked the total roadway length from the existing entrance on Cobb Street to the end of the new proposed road. Mr. U said it is 1,600 feet from the Cobb Street entrance to the new property, and another 1,200 feet of new roadway, for a total of 2,800 feet of roadway. Mr. French said the original permit included independent, assisted and Alzheimer's facilities. The Alzheimer's building was not built, and those units were put into the Lodge. Mr. Valanzola said there are 166 units on 20 acres, and this proposal is for an additional 56 units on 30 acres. Planning Board 5 5/15/2008 Mr. Burke said the applicant has legal frontage on Branch Street and despite the bike path, still has the right to access their land there. He said he is concerned that opening up Branch Street will create a short cut through this site from Branch to South Main Street. He said by using Branch Street for emergency access only, the internal traffic will only be residents and staff. He said he doesn't look at this as a dead-end street, because it is not a street. He said the length of a dead end street regulation goes to emergency access, and this site would have a secondary emergency access with Branch Street. He said he thinks if this project is permitted with an open Branch Street access, that will encourage a short cut and will be dangerous. He said if the owners of the Village weren't the applicant on this land, and some other developer came in with a subdivision on this land, they would be within their rights to use Branch Street as their access. Ms. Ashman-Collins said if this wasn't age-restricted housing, she would be more concerned about the traffic issue, but said there is less traffic with this type of housing than with a single-family subdivision. Mr. Annino said the issue isn't simply public safety, it is also about aesthetics. He said going through the existing development all the way to the back to access the new units is not good planning. Mr. Valanzola said staff told him not to use Branch Street as an access, but if the board wants them to look at using it, they would. Mr. Annino said he would like to see a traffic study. Mr. Gillis said there was a traffic study done for this site. Mr. Annino said he would like to see an internal site study so the board can see how the site works. Mr. Valanzola said he would put something together. Department Head Comments The clerk read memos from the Fire and Engineering Departments. Mr. Valanzola said he met with the Fire Chief to get an idea about emergency calls. He said a lot of calls have been for faulty carbon monoxide detectors, which have been taken care of. In an actual emergency where someone is transported, the town is reimbursed for most of the expense. Mr. Valanzola noted that most of the ambulance calls to the Village are to the Lodge, and they are not adding any more of that type of unit. He said the increase in tax revenue from this development will more than offset any part of emergency services that are not reimbursed. Mr. Valanzola said he has spoken with the chief about the possibility of donating funds for a new ambulance. Mr. Gillis said they are working on addressing Mr. Alves' comments. Public Comment Mabel Badger, Willow Crossing, asked if a comparison had been made between emergency services to the Village and the other elderly housing developments in town. Mr. French said the fire chiefs memo addressed that. Mr. DeMassi said as a percentage, the emergency runs are about the same. Planning Board 6 5/15/2008 Martha Nicodemus, 245 Branch Street, said her house would be next to the Branch Street entrance and that would be very dangerous. Mrs. Nicodemus said even using that as a construction entrance would impact her family dramatically. Attorney Peter Clarke, 200 Chauncy Street, representing four Village residents, said his clients are not opposed to the project, but are concerned, especially about access and traffic. He said there aren't complete sidewalks in the existing Village and residents have to walk in the roadway at some points. He said there is a 15 mph speed limit posted in the development. He said his clients are concerned about the traffic increasing drastically with the new phase. He suggested the main entrance should be off Branch Street with an emergency gate off Cobb Street, which would prevent people using the development as a short cut. He said Cobb Street is a very narrow right-of-way. Mr. Udelsman said there are places in the development without sidewalks, and some places with sidewalks but that are not connected. He said that could be done. Mr. French suggested doing a study of the sidewalks so all residents can be safely off the street. Mr. Valanzola said they would put something together. Richard Gordon, Walnut Street, said the Nicodemus' concerns should be seriously considered. Mr. Valanzola said they have met with the abutters and take their concerns very seriously, especially with respect to the roadway issues. He said their goal is to have a neighbor who is happy with what they are doing. Roy Watson, Village at Willow Crossing, said he lives on the street that will likely become the primary access to the new units. He said they already have a problem with speeding traffic, and the existing roadways are in bad shape and will not last with construction vehicles using them. Mr. Clarke said he would be concerned about the use of stamped concrete in the wintertime because it would accumulate snow and dice. Mr. Clarke suggested there should be an ongoing contribution for ambulances. Mr. Clarke said the Village recently got a new passenger bus, which the residents fought for for over a year, and his clients would like to see a continuous passenger service for the residents. Mr. Clarke said there isn't enough seating capacity to provide a meeting place for all residents in the clubhouse, and the new clubhouse doesn't have a swimming pool, so the existing pool would be overburdened. Mr. DeMassi asked if the original special permit addressed these types of maintenance issues. Mr. French said it does not because it is private property. Mr. Valanzola said these are agreements the residents have with Benchmark, and isn't within the town's purview. Mr. Clarke said the standard for a special permit is what is in the best interest of the town. Planning Board 7 5/15/2008 Mr. Valanzola said the application is to amend the original special permit, but they could have filed a new special permit and not opened up the other portions of the Village. Board Comment Ms. Ashman-Collins said she is pleased about the developer's concern for sustainability and suggested a moisture sensitive irrigation system. She said there doesn't seem to be much of a village feel in the building design and layout. Ms. Ashman-Collins asked why the sidewalks are proposed on only on one side. She asked that be looked at during the circulation study. Mr. French asked about the design. Mr. Udelsman said the clubhouses are meant to be for the entire Village; the new one would take some of the activities the existing clubhouse does and would focus more on entertainment and gathering spaces. The layout was based on the wetland situation and maintaining appropriate buffers. He said 50% of the new area has been left untouched. Ms. Ashman-Collins suggested alternative parking configurations, so the site isn't wrapped with parking. Mr. Udelsman said two of the parking areas are already there, and the new third one has been pulled back. Mr. Annino said more could be done to create a neighborhood identity with a central green or gathering space. He said the inside of the loop could be a beautiful green rather than buildings. He said the clubhouse shouldn't be at the entrance with a big parking lot, it should be a focus. Mr. Cleary said the board had asked for views looking into this site from Marshall Avenue, not looking from this site onto Marshall Avenue. Mr. Udelsman said he did it that way because there isn't anything on this site to see from Marshall Avenue. Pat Paravachi, Village at Willow Crossing, said the new houses on Marshall A venue have impacted their views. Mr. Jodice said he is happy with the walking trails, sustainability efforts, the idea of the breakaway between the existing Village and Cobb Street, and the possibility of a pedestrian bridge at Branch Street. He suggested work could be done during the winter, when there are fewer people using the bike path. Mr. Feck said he hopes Attorney Clarke and Benchmark are working together on the residents' concerns. Mr. Feck suggested speed bumps could help. He said the Branch Street entrance might be the answer, but the neighbors would have to be taken care of. r. Mr. McClanahan suggested the board visit the site. Mr. Burke asked to have a traffic engineer look at travel routes, traffic calming, maintenance issues with pavement treatments throughout the site. Mr. Annino asked the study explain which access option is the best. Motion: To continue to June 4, 2008 at 7:30 p.m. (DeMassi-Annino) All in favor. PASSES Planning Board 8 5/15/2008 Article 34 To see if the Town will vote to amend the Zoning By-Law to the extent necessary to revise Section 5.3 as follows: (changes in bold) 5.3 Site Plan Review 5.3.1 Purpose The purpose of Site Plan Review is: to provide an orderly review procedure where site plans of proposed projects can be approved with reasonable conditions which will maintain the character and integrity of all zoning districts and adjoining zoning districts; to ensure that new, expanded or reconstructed sites are planned and designed to minimize impacts on the environment, abutters, and town services by proper design and construction of storm water systems, parking and loading areas, waste removal, sediment and erosion control, lighting, landscaping and buffering, points of access and egress, pedestrian access and signage. 5.3.2 Applicability In all instances specified in Section 3 Schedule of Principal Regulations, indicating that site plan approval is required, no building permit shall be issued in any case where a building is to be erected or externally enlarged and no area for parking, loading, or vehicular service (including driveways giving access thereto) shall be established or substantially changed, except in conformity with a site plan bearing an endorsement of approval by the Inspector of Buildings after review thereof by the Planning Board. Site plan approval shall not be required in any case where a building is to be externally changed for the purpose of closing an entrance or creating a new entrance thereto and for other extension(s) to a building, which in total shall not exceed more than 15% of the gross floor area of the building or 10,000 square feet, whichever is less. Uses which require a site plan review and issuance or denial of a development approval by the Planning Board are identified by the letter "V" under the column heading "SPA" of Schedule of Principal Use Regulations. 5.3.3 In instances where site plan review is required, a site plan shall be submitted in accordance with Section 5.5.2 and 5.5.3 of this Zoning By-law, as well as the following which shall be required by the applicant for site plan review: a) locus plan; b) location of structures within 100 feet of property lines; c) existing and proposed buildings, showing setbacks from property lines; d) signage; e) existing and proposed contour elevations in two-foot increments; f) parking areas, driveways, and facilities for pedestrian movement; g) drainage system ; h) utilities and lighting, including a photometric plan; i) landscaping, including trees to be removed and retained; j) loading and unloading facilities k) provisions for refuse removal; I) existing and projected traffic volumes from the site and effect on the local road network; m) drainage calculations and soil tests for the location of the building(s), parking areas and drainage facilities; n) other information as may be necessary to determine compliance with the provisions of this bylaw. 0) Building elevations, floor plans 5.3.4 Review Procedure The Planning Board shall examine the following concerns in reviewing the site plans of the proposed development: Planning Board 9 5/15/2008 a) proper drainage of the property; b) safe access to the development, minimizing the number and width of curb cuts; c) acceptance design and layout of ways, streets, and parking areas; d) that the projected traffic increases to the local road(s) is within the capacity of the existing network for both daily and peak hour volumes; e) proper lighting design for parking areas and abutters; t) complies with the Mansfield Master Plan and Open Space and Recreation Plan. g) design features, building elevations h) aesthetic assets i) screening 5.3.5 The applicant shall submit such material as may be required regarding measures proposed to prevent pollution of surface or groundwater, soil erosion, increased runoff, changes in groundwater level, and flooding. 5.3.6 The applicant shall submit material regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors. 5.3.6 The applicant shall submit such material as may be required regarding the projected traffic flow patterns into and upon the site for both vehicles and pedestrians and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours. 5.3.8 Prior to rendering its decision, the Planning Board shall examine the technical quality of the site plans and evaluate the advisability of approval after considering the following matters: 5.3.9 Protection and enhancement of existing site features; 5.3.10 Protection of adjoining premises against detrimental uses by provision for surface water drainage, sound and sight buffers and preservation of views, light and air; 5.3.11 Convenience and safety of vehicular and pedestrian movement within the site, the location of driveway opening in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly; 5.3.12 Conformance of the arrangement of parking and loading spaces in relation to the proposed uses of the premises to Section 4.4 of this by-law; 5.3.13 Proper methods of disposal of refuse and other wastes resulting from the uses permitted on the site; applicant must demonstrate availability of adequate water supply and waste disposal systems; 5.3.14 Relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of this by-law. 5.3 .15 Protection of environmental features, particularly groundwater resources, on the site and in adjacent areas, adequate protection to prevent pollution of surface and groundwater, soil erosion, increased run-off, changes in groundwater recharge or elevation and flooding. 5.3.16 The original and eleven (11) copies of the development application and plans shall be submitted to the Town Clerk, who shall give the applicant a dated receipt. Within three (3) days of the receipt of said application, the Town Clerk shall transmit the original and all copies to the Building Inspector for distribution and review. Planning Board 10 5/15/2008 5.3.17 The Applicant shall submit to the Building Inspector a final as-built ofthe site plan, stamped by the Engineer and Land Surveyor (as necessary) in both hard copy and digital format (preferably in AutoCAD DWG format, but DXF format will be acceptable). The media shall be a 3.5" floppy disk or CD. The plan Vertical Datum shall reference the North American Vertical Datum of 1988 (NA VD88), and the plan shall contain a minimum of two benchmarks. The horizontal orientation shall reference the North American Datum of 1983 (NAD83). The plan shall show the locations and dimensions of the building foundation(s), and all utilities, including sanitary sewer, storm drain, water and electric. The location of the foundation(s) shall be shown with respect to the lot lines. The locations of all utility connections shall include the elevation, the size and material of the connections, and the distance from the points where the services leave the foundation to the nearest foundation corner. For sewer and drainage, swing ties shall also be provided from at least two foundation corners to any sewer or drain structure, or change in horizontal or vertical line ofthe services and the distances from the nearest Town manhole to the points of connection to the Town mains. For water service(s), swing ties shall also be provided from at least two foundation corners to any bends, valves, fittings, curb stop and corporation stops. For electric service, swing ties shall also be provided from at least two foundation corners to any underground conduit bends, hand holes or manholes. The Engineer or Registered Land Surveyor shall certity that the construction conformed to the approved site plan or approved modifications thereto. Both the above as-built plan and the certification must be received and approved prior to sign off of the Certificate of Occupancy. 5.3.18 The Building Inspector shall arrange for said site plan to be reviewed by, but not limited to, the following departments; Police, Fire, Engineering, Planning, Conservation, Electric, Water, Wastewater, Health, and Public Works. Written comments from the departments shall be forwarded to the Planning Board prior to the Planning Board's review. 5.3.19 If the Planning Board, determines that said site plan complies with the purpose and specification of this bylaw, the Board shall approve the site plan with or without conditions. If the Board determines the plan does not comply with the specifications of this by-law, it shall be disapproved. 5.3.20 The Planning Board shall take action on said plan within thirty (30) days of receipt of the site plan from the Town Clerk. 5.3.20 Appeals The Zoning Board of Appeals as established by Chapter 40A of the General Laws of the Commonwealth shall hear and decide appeals in regards to determinations or decisions made by the Planning Board in the enforcement or administration of this section. Mr. Feck said he is in favor of some form of site plan approval, but not in this form. He said it should be more detailed so it isn't open to interpretation. He said he is concerned about this becoming a special permit process. Mr. Jodice said he understand the arguments for this by-law, but he is concerned about the effect this will have on downtown business owners and said he wouldn't want to create an atmosphere that will discourage downtown development, especially in the B 1 zone. He said parking issues make it hard to redevelop properties in that zone. Mr. Annino said what goes downtown must be regulated so the character isn't lost. Mr. French said this intends to supplement what is already required in order to allow the board to look at aesthetic issues. Motion: To support Article 34 (DeMassi-Annino) 4 in favor. 3 opposed. PASSES Planning Board 11 5/15/2008 Article 35 To see if the Town will vote to amend the Town's Zoning Bylaw to the extent necessary to change the Schedule of Principal Use Regulations - Section 3.3.10, Residential facilities for Residents Fifty-five (55) Years of Age or Older, subsection A from its present six (6) to five (5) acres. New Entry would be: A. The facility shall be located on a parcel, or contiguous parcels, of land which has a total acreage of not less than five (5) acres. Mr. Burke said he is opposed to dropping the minimum acreage again. Mr. Annino noted the state minimum is five acres. Mr. Burke said cities and towns have the ability to make their regulations more restrictive. Mr. Feck said there aren't many areas left where this use could be done, and this type of housing creates diversity. Mr. French asked if this could result in 40B developments. Mr. Burke said there could be friendly 40B developments, but the town is well over the state's mandated 10%. He said he isn't concerned about that issue, especially with the town's inclusionary housing by-law, which creates one affordable unit for every six. Motion: Not to support Article 35 (McClanahan-Annino) 3 in favor. 4 opposed. FAILS Motion: To support Article 35 (Jodice-Feck) 4 in favor. 3 opposed. PASSES Article 36 To see if the town will vote to amend the Town's zoning map to the extent necessary to rezone from its present classification of Residential 2 (R2) to the classification of Business 3 (B3), the following parcel of land: Beginning at a point of the southwesterly sideline of Chancy Street, said point being at northeasterly end of the corner rounding where the sideline of Walnut Street meets the sideline of Chauncy Street; Thence running southeasterly by the southwesterly sideline of Chauncy Street 750 feet more or less to the corner of the westerly sideline of the relocated Mass highway, Route 140; Thence running southerly by the westerly sideline of the relocated Mass highway Route 140,91 feet more or less to a point intersecting lot 151 along the Mass highway, Route 140; Thence running westerly 303 feet more or less to a point intersecting the easterly sideline of Lot 146 with the southwest corner point of lot 150; Thence running northerly 30 feet more or less by the easterly sideline of lot 146 to the point intersecting lot 146 with lot 152; Thence running westerly 167 feet more or less by the southerly sideline of lot 152; Thence running northerly 29 feet more or less by the lot line oflot 152; Thence running westerly 103 feet more or less by the southerly sideline of lot 152; Thence running northerly by the easterly sideline of Walnut Street 2900 feet more or less to a point of curvature starting the corner rounding to Chauncy Street; Thence running clockwise 20 feet more or less by the sideline of Walnut Street to the point of beginning. Intending to encompass Parcels 147, 148, 197, 198, 150, 152, and parts of lot 151 on Assessors Map 20, or take any action in relation thereto. Motion: Not to support Article 36 (DeMassi-Jodice) Mr. Feck said this area is right on Route 106 and it shouldn't be residential. Mr. Annino said this rezoning would devastate the existing residential neighborhoods. Mr. DeMassi said those residents have to deal with this nearly every year, and have come to the board every time to ask for help protecting their neighborhood. All in favor. PASSES Planning Board 12 5/15/2008 Mr. French said Representative Barrows talked about the regional sewer and will need town meeting votes to start the process of negotiating with Norton and Foxboro. Motion: To support the regional sewer (McClanahan-Feck) All in favor. PASSES Mr. French asked for volunteers to present the recommendations to Town Meeting. Mr. DeMassi said he would present the site plan article. Ms. Ashman-Collins said she would present the 55 and over article. Mr. Annino said he would present the rezoning article. Mr. French said he would present the regional sewer article. I 6. Form A (ANR) Plans Mr. McClanahan said the final CIP number is $3.27 million. Motion: To adjourn at 11 :00 p.m. (McClanahan- Next meetings: TOWN MEETING Tuesday, May 20, 2008 at 7:00 p.m., MHS Wednesday, May 28,2008 at 7:30 p.m. (Master Plan) Wednesday, June 4,2008 at 7:30 p.m. (Planning Board) ~~ diD 8 , Date of Approval Planning Board 13 5/15/2008