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
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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
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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.
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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
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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.
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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.
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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
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