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HomeMy WebLinkAboutmin of planning brd 05/03/00 ,~ ~ '\ t~.. r- Planning Board ~.l ,....- Minutes of May 3, 2000 - I. I ,J r;.' ?: ~ r) Present: Thomas French, Chairman; Bernard 1. Dolan, Clerk; Roger Achiile;'-' '-' Thomas P. McShane; Scott Frank; Mark Cook, Kenneth Torm~.' Shaun P. Burke Director ofPlannin and Develo ment ' The clerk read the public hearing notice for the elimination of Retail uses in the Industrial 1 zones. Mr. Cook and Mr. Torman left the meeting at this point. Petitioner Presentation Mrs. Levine said she would like to congratulate the board for taking the first step in changing retail in I-I to a special permit use. However, she said she felt it did not go far enough. She said industrial land forms the tax base, and that should not be watered down. She suggested uses like computer or pharmaceutical companies would be good uses for I-I zones in the industrial park. She was concerned that retail businesses would bring constant traffic, where industrial uses would have regular trips to and from the building, and therefore less impact on the surrounding neighborhoods. r Public Comment / In Favor Celeste Jones, 60 Walnut Street, said she supported the article because the neighbors would be able to plan on the traffic that comes with office uses. Kate LeRose, 176 Tremont Street, said she was in support of the article because of traffic concerns. Marydee Flynn, 102 Jewell Street, said she supported the article because retail uses do not belong in the interior of the industrial park. Mrs. Levine said because her article is on the Special Town Meeting warrant, and if it were to pass, asked whether the board would consider withdrawing its article. Mr. French said that portion of the article could be amended. Mr. Achille asked Mrs. Levine to explain how she thought retail would hurt the tax base. Mrs. Levine said industrial uses would be more stable and long-term than retail uses. r-'\ Opposed Rich George, 43 Marshall Avenue and IDC member, agreed that retail uses should not be allowed in the park, but thought the article goes too far since there are other I-I zones in town. He suggested an overlay district for the park. He said the business zones would allow retail. - 1 r::-. Mr. Burke read the definition of retail store in the Zoning By-Law. With this article, a mall would be allowed in the I-I zone, but retail uses would not be allowed inside it, leaving the only option office uses. Karl Clemmey 750 South Main Street, asked why the petitioner wanted to take retail out of the I-I zone, whether she had met with the Planning Board and IDC, and whether she knew where the I-I zones are. Mrs. Levine said she had spoken with members of both boards, and added that it didn't make a difference if she knew where all the I-I zones are. Mr. Clemmey asked where the tax money would come from if retail were not allowed? Mrs. Levine said taxes would come from the industrial uses and the retail uses in other zones. Mr. Clemmey asked where else retail stores would go. Mrs. Levine said she would not discuss it further. Mr. Clemmey asked what the petitioner would like to see on West Street; Mrs. Levine responded she would like to see industrial uses there. Mr. Clemmey said this change would devalue his land. Mrs. Levine suggested he could have many uses other than retail on that land. r' Mr. Clemmey was concerned about harming the existing retail uses in the industrial park. Mr. Burke explained they would be pre-existing and therefore would not be effected. Board Comment Mr. Dolan said Cynthia Sarber, who manages space in the industrial park, had told the board there should be certain retail uses, like restaurants, in an industrial park. Mrs. Levine disagreed, saying many companies have their own cafeterias. Walter Jenkins, 15 Conrod Court and IDC member, said Ms. Sarber and Sherry Clancy, who also spoke to the board at the last meeting, have a financial interest in the park's success. He said some retail uses in the park is a good idea, and for some places, retail uses may be the best idea. Mrs. Levine said her article was meant to cover all of the I-I areas in town, not just the park. Mr. Frank said industrial uses don't always bring in the highest taxes or the most jobs. Mrs. Levine said she was concerned about what decisions subsequent boards may make regarding special permit uses. Tom Prestwich, 4 Shady Brook Lane and IDC member, said multi-faceted developers were needed to attract office uses. ,r -2 T r Celeste Jones asked whether the article could be amended to exclude the existing retail uses, so they would not become pre-existing, non-conforming uses. Mr. Burke said that would not be possible. Mr. Clemmey suggested a committee be formed to look at retail and industrial uses. Mr. McShane said the problem with retail uses is the other consequences such as trash, noise and traffic. With the Zoning By-Law as it is today, the board cannot consider those issues because retail is a by-right use. With the special permit, the board would be able to judge proposals on a case-by-case basis. Mr. Prestwich said the IDC would like to see an overlay district because of concerns about the blanket nature of the proposal. Jim Adams, 20 Lantern Lane and IDC member, said he is not in favor of retail uses in the park, but does not want to exclude other 1-1 zones. r Mr. Frank said he was concerned about retail proposals coming in under the current by-law and doing a Form A for industrial land. He said at this point, because the changes have been advertised, that can't happen, but it could if the amendment fails. Mr. Dolan said he would like the IDC to support the board's articles with the board's promise to work on an overlay district. Mr. Clemmey suggested including the property owners as well. Motion: To close the public hearing (Dolan-French) All in favor. PASSES Mr. Burke presented the revised draft decision, with the conditions regarding the open space being given to a conservation agency, the drainage maintenance responsibilities spelled out, and the 50' no cut zone around the perimeter of the lots. These items have also been added to the homeowner's association documents. Mr. McShane asked how the homeowners would find out about the restrictions. Mr. Burke said they would be included in the special permit, the homeowner's association documents, and the plan. Applicant Alan Brown said the homeowners would get copies of those documents because they will also explain the fees involved with the residential compound. r Mr. French suggested a 50' no cut zone be added around the open space. Mr. Burke suggested "the forested area around the open space shall be left in its natural state." Mr. Maloon said that was not a problem. -3 r- Motion: To close the public hearing (Frank-Dolan) All in favor. PASSES Motion: To grant the special permit as drafted and amended above (Dolan-Achille) Mr. Dolan - In favor. The plan complies with the requirements of the by-law. Mr. McShane - In favor. The plan is consistent with the statutory requirements, retains the open space, adds to the preservation of Hodges Brook, the concerns of the abutters have been addressed. Mr. Frank - In favor. The plan conforms to the requirements of the by-law. Mr. Cook - In favor. The plan conforms to the requirements of the by-law. Mr. Torman - In favor. The plan conforms to the requirements of the by-law. Mr. French - In favor. The plan conforms to the requirements of the by-law. All in favor. PASSES r Motion: To sign the special permit signature pages and ask Mr. Burke to revise the decision as moved, and submit to the Town Clerk (Dolan-Cook) All in favor. PASSES Paula Jean DiMartino, 16 Shady Brook Lane, explained she would like to add on to her house, but because of the provision in the original special permit saying the footprint of the house cannot be increased, the building permit was denied. Mr. Burke suggested the special permit could be modified to add larger building envelopes or change the setbacks. He explained this was one of the first residential compounds approved, and the plan showed proposed boxes for the houses instead of building envelopes. Therefore, the boxes became the limit for the building size. All of the board members present said they would support the submission. Mr. Burke suggested to the board they state their reasons when voting for a special permit. r Mr. Burke told the board the Zoning Board of Appeals had overturned the Building Inspector's denial of the Tweeter Center parking lot, saying it was in -4 r fact grandfathered. He said this could have an effect on additional Tweeter Center parking lot issues, as well as Great Waves parking issues. Mr. Burke explained that with the Building Inspector's denial, the Tweeter Center could still use the lot for parking, but would have to get a commercial parking lot permit from the Board of Selectmen. He added that if the Planning Board's zoning amendments are passed at Town Meeting, they would also need a special permit. They would also have to demonstrate it is a conforming lot, and Mr. Burke said he thought they might have a frontage problem, which may trigger the need for a variance. However, if it is a pre-existing use, as they claim, they would not need a special permit, nor would they have to conform to the landscaping and buffering requirements. Mr. Torman said he thought the Tweeter Center representatives misrepresented their plan when they came to the board for site plan review. He said an appeal would be worthwhile but was concerned the board's position would be weakened because it sent a positive recommendation to the Building Inspector on the site plan. Mr. Burke said that would not be the case, because the board was required to make its recommendation based on what was presented. r- I Mr. Burke said the Board of Selectmen would be asking for a Planning Board recommendation on the article limiting members' terms to three years. The board had previously been in favor of this proposal, but now feels a three year term would not be beneficial to the board or the town. Motion: To send the Board of Selectmen a letter requesting they leave the Planning Board terms at five years and requesting they withdraw the article to reduce terms to three years. (Dolan-Cook) All in favor. PASSES Motion: To adjourn at 10:20 p.m. (Dolan- Torman) All in favor. PASSES Town Meeting: Monday, May 15, 2000 - 7:00 p.m. - QMS xt Planning Board Meeting: May 24, 2000 ~/trV Date 6f Approval r -5