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HomeMy WebLinkAboutmin of planning brd 10082008 Planning Board Minutes October 8, 2008 Pr~sent: H. Thomas French, Jr., Chairman; Be~ Ashman-Collins, ~~~~~h).AnJJioo, MIchael McClanahan, Stan Feck, Anthony JodIce, Donald Clem L!' rd\ S In- r It..;t. Olivier Kozlowski and Shawn MacDonald, Alternates p 1.1,: 2 b Shaun P. Burke, Director of Planning and Development ZUUB NaV - b 4....Sit.e.PIaIlRevjew.....M.llStjeldl\lllmci.IJ\irpQrt..J\itportCommissioll Lou Andrews introduced Howard Fiske, Airport Commission member, David Dineen, Airport Manager, Michael Ahem, DPW Special Projects Manager Mr. Andrews explained the airport has to maintain a certain elevation to stay below the flight path; they have funding from FAA and Mass Aeronautics to lower the light poles to comply with that requirement. The primary power has been taken off the poles and placed underground, with conduit installed under Fruit Street to the airport. Mr. Andrews explained there has been an issue with access between quadrants, so since they were digging up the area for the conduit, he said they would like to put in a pathway as well. He said that would allow access between quadrants without having people cross runways or other non-public areas. The path will follow the track of the underground conduit, will be 12 feet wide and unpaved. Mr. Ahem said it is about 30 feet off the edge of the fence. Mr. Andrews said the airport is secure, but they want to avoid having people access areas where there are aircraft, so they will also add some signage. Mr. Dineen said this will be an additional safety factor that will reduce the pedestrian traffic near active runways. Mr. Ahem said it will also make it easier for the town to maintain the electric manhole. Mr. Andrews said the Light Department will supervise the installation of the conduit. Mr. Cleary asked if the path will be plowed. Mr. Dineen said their goal will be to plow it, but it will depend on how it sets up when it is compacted. Mr. Ahem said it will be flush with the existing grassed area. Mr. Burke said the lowering of the poles was part of the maintenance building site plan discussion, and this is a minor change to that plan. Motion: To send the Building Inspector a positive recommendation (McClanahan-Annino) All in favor. PASSES Iz.Co....e.po..4.ui:e 1. September 10, 2008 minutes Motion: To approve as submitted (Annino-McClanahan) Five in favor. Two abstained. PASSES Planning Board 1 10/10/2008 ,.. 2. September 24, 2008 minutes Motion: To approve as submitted (Kozlowski-MacDonald) Four in favor. Three abstained. PASSES 2. September 10, 2008 letter from Mass Highway re: 905 South Main Street. Mr. Burke explained that s one of the conditions of the special permit, the applicant had to present Mass Highway with an alternate traffic plan showing a dedicated right turn into the site from Route 140. Mass Highway has disapproved that plan. Mass Highway had approved the original traffic plan prior to the special permit being approved, so that is what will be built. 3. ZBA decisions - 12 Sturbridge Drive (granted); 199 Branch Street (granted) 4. Meeting notices Easton, North Attleboro, Norton 5. ZBA application for Special Permit - 157 Pratt Street - gas station. Mr. Burke Explained this is an application for a special permit to expand a pre-existing, non- conforming use. He said the ZBA has to decide whether this expansion would be substantially more detrimental than the existing use. The application is to eliminate the two-bay garage and expand the retail use, and to add 444 square feet off the back of the building. There is already a gas station with a small retail use on the site; the use is non-conforming because it is a retail use in a residential zone. Mr. Burke added that after the geometry of the intersection was changed several years ago, a portion of the canopy of this building hangs over the right-of-way. Mr. French said that would more than double the retail space. Mr. Feck said he didn't think it would be more detrimental because the garage use would go away. Mr. Burke said the retail operation currently must close at 10 p.m. The owner had originally asked to change the hours to 24-7, but has since asked the ZBA for 11 p.m. Mr. Burke said under this plan, the site would be cleaned up, but the added retail use would add a lot of vehicle trips. Mr. Burke noted the board made a negative recommendation to the ZBA on an application to change the use from small engine repair to a florist shop on Hope Street, and this is a similar issue. He said in this case, the expanded hours of operation wouldn't spread out the same number of cars over a longer period, but would result in more traffic during operating hours. Mr. McClanahan noted that is a busy gas station already, especially with commercial vehicles. Mr. Annino said the expanded retail would increase traffic significantly. Mr. F eck asked if the retail use can be expanded into the two bays without a special permit if the exterior isn't changed. Mr. Burke said it could not be. Mr. Annino said it doesn't appear the parking spaces can conform to the town's regulations, including one space that would have to back onto Pratt Street. The plan shows 10 spaces required with 10 provided. Ms. Collins said the increase in evening illumination would be detrimental to the residential neighborhoods around this site. Planning Board 2 10/10/2008 - Mr. Burke said the statute envisions pre-existing, non-conforming uses being phased out over time, but it also provides an owner to petition for expansion. Mr. French said this appears to more than double the retail use and would result in a substantial increase in traffic, the board has questions about how the parking works, especially with some spaces backing into Pratt Street, the photometric plan shows 0.0 to 0.2 footcandles under the gas canopy, and it doesn't appear a fire truck could make the turn around the back of the building. Mr. Feck said he wouldn't want to miss an opportunity to see this site cleaned up; he said he doesn't think the use will ever go back to residential. Mr. French said he agrees it would be good to have the site cleaned up, but he is concerned about this use on a comer lot. Mr. McClanahan noted there is no curbing on this site, which could be dangerous. Ms. Collins said there is value in neighborhood convenience stores. Mr. Burke suggested if grant special permit, the hours of operation remain as they are now and not be expanded. Mr. Annino said he agrees neighborhood stores have value, but said this building is too close to the street, there isn't enough room to move vehicles in and out safely, and intensifying the use would make this site even more difficult. He said one use, the gas station or the convenience store, could work on this site, but not both. Mr. French agreed, and said the comer lot with no curbing concerns him. Ms. Collins suggested the traffic report be sent to the Police Department for review. Mr. Annino said the plan appears to show work outside the property line. Motion: To send the ZBA a negative recommendation because this expansion would be substantially more detrimental to the neighborhood than the current use. The plan would more than double the existing retail use in a residential zone and would result in a substantial increase in traffic. The board is about this additional traffic on a comer lot with no curbing. The board would like to suggest the traffic study be submitted to the Police Department for review and comment. The board had questions about whether the parking conforms with the town's requirements, as it appears a car parked in at least one space along Pratt Street would have to back out into the public way. There were also questions about whether the width of the parking aisles meet the town's regulations and whether a fire truck could make the turn around the building. The board was concerned about the photometric plan, which seems to show only 0.0 to 0.2 footcandles underneath the gasoline canopy, and about how additional lighting and increased hours of operation will impact the neighborhood. Finally, the plan appears to show work being done outside the property line. (Annino-Feck) All in favor. PASSES Planning Board 3 10/10/2008 - 6. ZBA application for Variance - 51 Dean Street Mr. Burke explained the lot received a variance to create a second lot, which would lack the required frontage. The lot was sold, but the new owner didn't get a building permit in time and the variance expired. He said the new owner bought the lot in good faith, and simply didn't know about the statutory timeframe. This application is asking the ZBA to re-issue what it has already granted. Mr. Cleary asked what the board's recommendation was the first time; Mr. Burke said the board sent negative recommendation. Mr. Jodice suggested adding that the board wouldn't normally recommend the grant of a variance like this, but under the circumstances, the board supports it. Motion: To send the ZBA a positive recommendation on this application. The members feel the new owner purchased the property, for which a variance had been granted in January 2007, in good faith. However, because he did not act on the variance within the one-year timeframe, it expired. The Planning Board would not normally support a new variance application of this type, but because of the extenuating circumstances in this case, supports reissuing the variance. (McClanahan-Feck) All in favor. P ASSSES I 3. Form A (ANR) Plans 4. ....SpecialPerittifP..l)licll.l"btJcOD.dDlI~........'\'illafJeafWillC)lV CrOs$ing." Benchmark The clerk read a request to continue the public hearing. Motion: To continue the public hearing to November 5, 2008 at 8:00 p.m. (McClanahan-Feck) All in favor. PASSES Mr. McClanahan asked to send the Building Inspector a letter asking him to condemn the vacant buildings in the Pinnacle project on School Street, which was started and apparently abandoned. The board agreed the buildings on that site could be dangerous. Mr. Cleary said the TIF committee met to discuss applications from Covidien and Medline, with a possible third coming. Covidien wants a 20-year TIF, so the committee is still discussing that application. He explained that TIF is only on new construction, but the Medline project is a new building, so the TIF would be on the whole building. Mr. Cleary noted most of the TIFs the town has done have been for five or ten years. Medline wants a 13-year TIF, with smaller percentages during the last few years. He said Medline is more of a warehouse than a life sciences construction, but it might help to attract more life sciences businesses. Mr. Cleary said if a business gets a TIF from the town, it can be eligible for state tax credits, as well. Planning Board 4 10/10/2008 - 6. ZBA application for Variance - 51 Dean Street Mr. Burke explained the lot received a variance to create a second lot, which would lack the required frontage. The lot was sold, but the new owner didn't get a building permit in time and the variance expired. He said the new owner bought the lot in good faith, and simply didn't know about the statutory timeframe. This application is asking the ZBA to re-issue what it has already granted. Mr. Cleary asked what the board's recommendation was the first time; Mr. Burke said the board sent negative recommendation. Mr. Jodice suggested adding that the board wouldn't normally recommend the grant of a variance like this, but under the circumstances, the board supports it. Motion: To send the ZBA a positive recommendation on this application. The members feel the new owner purchased the property, for which a variance had been granted in January 2007, in good faith. However, because he did not act on the variance within the one-year timeframe, it expired. The Planning Board would not normally support a new variance application of this type, but because of the extenuating circumstances in this case, supports reissuing the variance. (McClanahan-Feck) All in favor. P ASSSES I 3. Form A (ANR) Plans 4. Special Permit Public Hearing continued - Village at wntow Crossing" Benchmark The clerk read a request to continue the public hearing. Motion: To continue the public hearing to November 5, 2008 at 8:00 p.m. (McClanahan-Feck) All in favor. PASSES Mr. McClanahan asked to send the Building Inspector a letter asking him to condemn the vacant buildings in the Pinnacle project on School Street, which was started and apparently abandoned. The board agreed the buildings on that site could be dangerous. Mr. Cleary said the TIF committee met to discuss applications from Covidien and Medline, with a possible third coming. Covidien wants a 20-year TIF, so the committee is still discussing that application. He explained that TIF is only on new construction, but the Medline project is a new building, so the TIF would be on the whole building. Mr. Cleary noted most of the TIFs the town has done have been for five or ten years. Medline wants a 13-year TIF, with smaller percentages during the last few years. He said Medline is more of a warehouse than a life sciences construction, but it might help to attract more life sciences businesses. Mr. Cleary said if a business gets a TIF from the town, it can be eligible for state tax credits, as well. Planning Board 4 10/10/2008 - Mr. Burke said there may be a Special Town Meeting in mid-November. Mr. Burke reminded the board they will be meeting with the Board of Selectmen on November 5. He will invite the rest of the Master Plan committee to that meeting. Motion: To adjourn at 9:00 p.m. (McClanahan- ) All in favor. PASSES Planning Board 5 10/10/2008 -