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HomeMy WebLinkAboutmin of planning brd 02252009 Planning Board Minutes February 25, 2009 . , , Present: Tom French, Chair; Beth Ashman-Collins, Clerk; Doug Annino, Stan Peck, Tony Jodice, Donald Cleary, Olivier Kozlowski and Shawn MacDonald~;~~t~tes "....'-, Shaun P. Burke, Director of Planning and Development L':~ I {"'-I I 2 -.J EO ': ,': ':- f; 'f'E .J '." I ILJ 3: 0' 11. Meeting called to order at 7:30 p.m. r I I 2. Correspondence I 1. Minutes February 4, 2009 Motion: To approve as submitted (Cleary-MacDonald) All in favor. PASSES 2. ZBA application for Variance - 559 Maple Street Mr. Burke explained there is an existing home and two lots with adequate frontage and area. The application is for the third lot, which lacks frontage and lot width. [Mr. Feck and Mr. Jodice arrived at this time] The application indicates this land could be developed as a residential compound with three lots and a shared driveway. He noted that in order to do a compound, the applicant would have to prove they could do a traditional subdivision. Mr. Annino said he is bothered by houses behind houses. Motion: To send the ZBA a negative recommendation because this application appears to create its own hardship, and because building houses behind houses is a bad idea (Annino-Jodice) Six in favor. One abstained. PASSES 3. ZBA application for Variance - Fowler/Henry Street Mr. Burke explained the application is on a comer lot with 5,000 square feet of area and 50 feet of frontage. He said if the lot had been a single parcel with 50 feet of frontage and 5,000 square feet of area, and not held in common ownership with any abutting property at the time of the adoption of zoning, it would be grandfathered. He said that does not appear to be the case. He said the setback on a comer lot has to be the same on both sides for sight distance at the comer, so the house won't block the sight distance. The application proposes 10 and 12 feet setbacks from the street. Mr. Burke said the neighborhood is older houses on small lots, some of which are close to the street. He suggested a negative recommendation be sent to the ZBA. Mr. French asked if there is any practical way to develop this lot without variances. Mr. Burke said he said a structure would have to be very long and narrow. He said if this had originally been a single lot, it would be a lot by right and only need setback variances. Mr. Feck said he doesn't think this would be detrimental to the neighborhood because it is made up of small houses on small lots. Mr. Jodice asked if a variance like this has ever been granted; Mr. Burke said there are houses on lots the same size, but most were built many years ago. Mr. Annino said the mass of the proposed house is too big for the neighborhood. Motion: To send the ZBA a negative recommendation because of the large number of variances that would be required for the proposed construction and because of the size, scale and mass of the proposed house on such a small lot and the proposed close proximity to the two streets abutting the comer lot. (Annino-MacDonald) Five in favor. One opposed. One abstention. PASSES 4. The Beacon Planning Board 3/12/2009 ~ . 5. TransReport newsletter I 3. Form A (ANR) Plans Re-endorsement of plan for 71 Marshall Avenue - Thomas Connor. The Planning Board endorsed this plan in 2006, but it was not recorded. Mr. Burke said this is the same plan, and none of the regulations have changed. Motion: To re-endorse the Form A plan (Annino-Jodice) Six in favor. Feck abstained. PASSES I 4. Master Plan Discussion 1) Downtown a. Downtown Design Guidelines Incorporate into Zoning By-Law as requirements or strengthen existing guidelines? b. Traffic study around train station South Coast Rail Technical Assistance letter c. Other downtown topics? 2) Where do we go from here? Mr. Burke said the last Master Plan discussion was about downtown design guidelines. The board discussed whether they were comprehensive enough and whether they should be incorporated into the Zoning By-Law. Mr. Burke said he has looked at other towns to see who else has design guidelines in their Zoning By-Laws. He said most of the towns with design guidelines have them in a historic district or architectural protection district by-law. He said based on his research, he wouldn't recommend putting the guidelines in the Zoning By-Law without a level of comfort that it would stand. He said he hasn't seen any laws forbidding it, but also hasn't seen anything that allows it, so it would be up to the Attorney General to decide whether it would stand. Even if it passed, Mr. Burke said he wouldn't have a lot of confidence it would stand up in court. Ms. Collins said without having the guidelines in the by-law, she would be concerned about developers, especially national retailers, not being willing to follow them. Mr. Burke said the B 1 zone downtown is mostly site plan uses, not special permit, which would give the board more ability to require specific designs. Mr. Feck suggested one way to address that may be to create a downtown or North Main Street overlay district, so the design guidelines would only apply to that area, not other B 1 areas in town. Mr. Burke said by creating an overlay district and defining its location and the allowed uses, the design guidelines could be applied to that specific area. He said that would also be consistent with the Master Plan. Mr. French asked if this would put an undue burden on potential businesses, given that the town is trying to attract business and the state of the economy. Mr. Feck said the guidelines would have to be a little more liberal than some other towns because there is already such a mix of uses downtown. Planning Board 2 3/12/2009 ..... Mr. Jodice asked if the town could offer incentives for developers to follow the guidelines. Mr. Burke said that could be done through increases in density or reduction in parking requirements. Mr. Annino suggested developing a list of incentives to think about offering. Mr. Burke said with something like Kevin Hively's idea of a linkage special permit, developers could donate to town projects in exchange for density or parking considerations. Mr. Burke said the point was that something like this could be a way for the town to raise money and focus development downtown. Mr. Annino said he would like to look at parking incentives downtown. Mr. Jodice suggested something similar to a TIF for small businesses downtown for building redevelopment. Mr. Feck said the utility connection fees have gone up so much, that might be something that would help downtown development. Mr. Burke asked if the board wants to work on the overlay district for architectural design purposes. The board said it would like to do that. Mr. Annino said there should be a comprehensive package, rather than doing it piecemeal. He said it wouldn't all have to go to Town Meeting at once, but it should be prepared as a package. Mr. Kozlowski said he would be concerned that the overlay district alone, out of context, would be less likely to pass at Town Meeting. Mr. Burke said he would work on describing the overlay district, its purpose and intent, and prepare an outline of the other issues involved for the next meeting. 5. Special Permit Public Hearing - 241 Francis Avenue - MWWC, Inc. - Retail Use in 12 Zone Ralph Maloon, RIM Engineering, introduced Chris DePierro and Kelly Martin. Mr. Maloon distributed revised plans. He explained the last plan showed nine spaces in front of the building and one in the middle of the parking lot. He has reduced the area of the commercial space, so they only need nine parking spaces. He has put in the handicapped ramp, and rather than construct more impervious surface, he is proposing striping the spaces, installing concrete bumpers and using 6.5 feet of the existing pavement for the sidewalk. Mr. Burke said he thinks this answers the board's concerns by keeping all the parking next to the building, adding handicapped parking spaces and a handicapped ramp. He asked if the ramp would work; Mr. Maloon said it would. The ramp has to be a minimum of five-feet wide to accommodate a hand rail on both sides and still leave 48 inches clear between the inside dimensions of the rails. Mr. Annino said the stairs would have to be revised because of where the ramp ends. The landing for the stairs will have to be extended outward so the end of the ramp and the landing meet. Mr. Maloon said they have a 27-foot run with a 24-foot rise, so there is extra horizontal room. Mr. Burke said the leveling area should be five feet in length at the turn. Mr. Feck asked Mr. Burke's recommendation. Mr. Burke said with the handicapped ramp changes, he doesn't have a problem with the plan. Planning Board 3 3/12/2009 .,~ Mr. French said the board had discussed sending the Board of Selectmen a letter supporting the applicant's proposed operating hours from 10 am to 4 pm. Mr. Cleary asked about the two loading docks near the parking spaces; Mr. DePierro said those two docks are not used. Mr. Annino asked about lighting at the handicapped ramp. Mr. OePierro said there is an existing spotlight over the door and lights on the building. Mr. Annino suggested at least one wall pack to light the ramp. Mr. French suggested one at the landing and one in the middle of the ramp. Ms. Collins asked if the lights would be turned off after hours. Mr. DePieerro said they could put photo sensors and motion detectors on the lights. Mr. DePierro said there is a 50-yard trash compactor on site to take care of the whole facility. Mr. Jodice asked about signage. Ms. Miller said the only sign will be the company name on the existing large building sign and one on the door for public safety. Mr. DePierro said they are not planning to encourage retail customers. Mr. Burke said if the board wants to vote this tonight, he could prepare the special permit for the next meeting and Mr. Maloon could provide the revised plans. Mr. Jodice asked if the permit could be specifically for this applicant. Mr. Burke said it would be. Mr. Jodice asked about the warehousing; Mr. DePierro said they rent space from the building owner for warehousing their products. Ms. Collins said the applicants have done a good job responding to the board's concerns. Mr. Cleary said he is happy with the changes to the plans. Motion: To direct Mr. Burke to prepare a positive decision for the next meeting (Annino-Jodice) All in favor. PASSES Motion: To continue the public hearing to March 11,2009 at 8:00 p.m. (Annino-Cleary) All in favor. PASSES I 6. Public Comment Leonard Flynn said the governor has formed a committee to consider revisions to MGL Chapter 40A, the Zoning Act. He said it appears to be geared toward a regional rather than local planning system. He said there will be a meeting in March in Taunton. Mr. Flynn said there is a Green Communities Action Plan, which would do energy audits of all municipal buildings at no cost and provide recommendations to increase efficiency. Planning Board 4 3/12/2009 1.7. Arouud the Table Mr. Burke said the town is getting a technical assistance grant through SRPEDD under the South Coast Rail project. He said the study area is the train station area and the one- way traffic pattern. Mr. Burke said the study area should be from Howe Street to Villa Street. He said he has already worked with SRPEOO to identify priority development and priority protection areas. Mr. Feck asked if Route 106 has could be included in that discussion; Mr. Burke said that would depend on the amount of money the town gets. Mr. Annino asked if work has started on the Route 106 overpass. Mr. Feck said he saw people working there this week. Mr. Burke said he will be preparing a zoning article for Town Meeting regarding cellular tower coverage gaps. I 8. Adjournment Motion: To adjourn at 9:45 p.m. (Feck-Cleary) All in favor. PASSES Next meeting: Wednesday, March 11,2009 at 7:30 p.m. ~ 1 /:2Q.-:-t/l I L !SL/ (It /0 Z t rr9 Date of Approval Planning Board 5 3/12/2009