Loading...
HomeMy WebLinkAboutmin of planning brd 06/21/00 ~ 1 ...'~, ,. .. r Planning Board Minutes of June 21, 2000 ~. .... .. ," "" 1 1; , \,. H_' " Present: Bernard 1. Dolan, Acting Chair; Roger Achille,.. Acting Clerk, Tom McShane, Mark Cook, Ken Torman, Scott Frank Shaun P. Burke Director of PI ann in and Develo ment Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk Torman-Cook All in favor. PASSES r' 1. Minutes of June 7, 2000 Motion: To approve as submitted (Torman-Cook) All in favor. PASSES 2. Zoning Board of Appeals application for variance - Brunelle - 99 Tremont Street - frontage and lot width Motion: To send the Zoning Board of Appeals a negative recommendation - the application derrogates from the intent and purpose of the Zoning By-Law by creating a pork chop lot (Cook-McShane) All in favor. PASSES 3. Form J Release - Holstein Road - Millfarm Estates Motion: To sign the Form J (Torman-Achille) All in favor. PASSES 4. Zoning Board of Appeals application - 213 South Main Street - Quikmart (The Store) - sideyard setback and special permit. Mr. Burke explained the applicant could make the addition shorter without encroaching. Motion: To send the Zoning Board of Appeals a negative recommendation because the applicant could avoid any nonconformance with a smaller addition or by adding it to the other side of the building (Torman-Cook) Three in favor. Achille Opposed. PASSES 5. Zoning Board of Appeals application - 9 Lancelot Lane - sideyard setback Motion: To send the Zoning Board of Appeals a negative recommendation (Cook-Torman) Three in favor. McShane abstained. PASSES 6. Zoning Board of Appeals application - 16 Old Elm Street - sideyard setback The plan shows an existing deck, for which no variance was obtained, and an addition. Dr. Torman did not think the board should legitimize the deck. Motion: To send the Zoning Board of Appeals a negative recommendation (Torman-No Second) Motion Withdrawn Motion: To send the Zoning Board of Appeals a positive recommendation (Achille-Cook) Two in favor.McShane opposed.Torman abstained. PASSES 7. Letter from Mass Grassroots Effort to Save Home Rule re: Cell Tower Siting 8. Letter from Bob Mangiaratti re: Ridgeview Appeal 9. Public Hearing notices - Attleboro Zoning Board of Appeals, North 10. Attleboro Zoning Board of Appeals, Foxboro Planning Board, Sharon 11. Zoning Board of Appeals 12. The Municipal Advisor newsletter 13. Planning magazine 14. Annual Report - Mass Housing Finance Agency 15. New England Planning newsletter 16. ENF - Erin's Centre r - I Planning Board Minutes 6n /00 ;- 17. Zoning Board of Appeals decisions - 180 East Street - Granted; 670 East Street - Denied; 11 Plantingfield Road - Granted; 15 Branch Street - Granted 18. Letter from Conservation Commission re: Great Waves Water Park 19. AP A Meeting notice Mr. Frank arrived at the meeting. 20. South Meadow Estates Plan and Form I Covenant Motion: To sign the plan/covenant (Torman-Cook) All in favor. PASSES The clerk read the public hearing notice. Applicant Paula-Jean DiMartino explained that she and the other residents would like to modify the special permit to allow for building envelopes rather than the boxes shown on the approved plan. Newer residential compounds use this method instead of specifying the location and size of the houses. Mrs. DiMartino asked to amend Condition 7 of the original permit to allow for 40 foot front and rear yard setbacks and six foot sideyard setbacks, which would leave all the existing houses conforming. r Mr. Frank said he would rather leave the sideyard setbacks at the R-l minimums, except for the lot that has six feet now. Mr. Burke suggested specifying none of the houses could be closer than 40 feet away from any other structure or way. Mr. McShane asked ifthere was anything in writing from the other homeowners. Mrs. DiMartino said there was not, but that they were all in agreement, and had all shared the cost of the filing. Motion: To close the public hearing (Cook-Achille) All in favor. PASSES Motion: To grant the modification to the special permit by deleting condition 7 and replacing it with a new condition 7 indicating the residents will be allowed to construct or modify within a building envelope consisting of 40 foot front and rear yard setbacks and six foot side yard setbacks, provided that the distance between any structure on adjacent lots be no less than 40 feet. (Frank-Cook) Frank - In favor. The plan meets all the requirements of the Zoning By-Law as it relates to residential compounds and the amended special permit is more closely in line with the letter and intent of the Zoning By-Law. Cook - In favor. The plan meets the requirements of the Zoning By-Law. Torman - In favor. The plan meets the requirements of the Zoning By-Law. Achille - In favor. The plan meets the requirements of the Zoning By-Law. r' -2 Planning Board Minutes 6n 100 r McShane - In favor. The homeowner's association has worked together to solve the problem, and came up with a solution that does not derogate from the intent of the Zoning By-Law. All in favor. PASSES The clerk read the public hearing notice. Chris Singley, representing the applicant, Sangermano Construction, explained their request to remove the approved Alzheimer's unit and replace it with independent living units ("cottages"), which he said would be smaller and shorter. This would result in fewer staff, deliveries, and ambulance trips, and should result in less traffic. The clerk read the department head comments. Bob Babcock, Dunn-McKenzie Engineering, explained the plan had been modified to show a guardrail and additional buffering around the detention basin. A hydrant has been added at the corner of roads 2 and 3. Mr. Babcock said he would check with the Fire Department to be sure the additional hydrant would be sufficient. Proponents Peter Clark, 70 Federal Street, Boston, whose mother is on the waiting list, said he had researched this project thoroughly and was impressed. r Abutter Karl Clemmey said the project has been good for Mansfield. Resident Ed Bourget said he has been very happy in his new home. Opponents Wanda Campisano, South Main Street, said the modification would not lower traffic, and was concerned about her property value and fire and ambulance trips. Victoria Bingle, 126 South Main Street, said she was neither for nor against the project, and said she likes having senior citizens as neighbors. However, she said the street should be better lit, and asked if the sirens could be turned off when the trucks turn onto Cobb Street. Otto Bingle, 126 South Main Street, said the service vehicle traffic has been heavier than he expected, and asked that the traffic numbers be checked. Mrs. Campisano said she did not think all the residents are as happy as Mr. Bourget, and they won't be happy with additional units. (' At this point, Mr. Cook was required to leave the meeting to attend the Board of Selectmen's meeting. Motion: To postpone and continue the public hearing until Mr. Cook's return at 9:15 p.m. (Frank-McShane) All in favor. PASSES -3 Planning Board Minutes 6n 100 r- Robert Rogers, Tibbetts Engineering, and the applicant's attorney, David Gay, presented the plan. The clerk read the department head comments. Mr. Rogers said he understands there is a lot of work to be done before filing a definitive plan. Mr. Gay said there are several possible uses for the land, and the applicant had not decided exactly which to pursue. Mr. Rogers explained there are two access points onto Gilbert Street for 26 lots. There have been no wetlands delineation or soil evaluations done. He said they were willing to amend the plan to reflect the department head comments and would like to get an idea of the level of improvements the board would require for the submission of a definitive plan. Mr. Burke said the applicant could consider a Planned Commercial and Industrial Development, which would be like a commercial residential compound. He said there would have to be a revised drainage plan before a definitive could be filed. r Board Comment Mr. Frank was concerned about the wetland and drainage issues. Mr. Rogers explained the retention basin could be moved 100 feet away from the property lines, and he did not know how long it would take to have the wetland lines established through the Conservation Commission. Mr. Burke said the board has 45 days to issue a decision on the preliminary plan, then the applicant has seven months to submit a definitive. Mr. McShane said he did not think the plan represented a serious proposal. There is no indication of whether it will be residential, commercial or industrial, or how much of the land shown is buildable. Mr. Cook asked if there was water to this property. Mr. Gay said not all the way. Public Comment Karl Clemmey reminded the board it had wanted to rezone this land residential, and said some of those lots had perced in the 1970s. Motion: To approve the preliminary plan conditioned on the applicant meeting all the department head comments and the requirements of the Zoning By-Law, and that a use is established prior to any definitive submission. (Frank-Achille) Four in favor. McShane opposed. PASSES r -4 Planning Board Minutes 6n 100 r- Motion: To reopen the public hearing (Frank-Cook) All in favor. PASSES Mr. Clemmey said he thought there was less traffic on South Main Street now than when Route 140 was a major Boston to Taunton route. Mrs. Campisano disagreed, saying there is a lot more traffic all over town now. Mr. Frank asked if a new traffic study had been done. Mr. Singley said there had not been, but based on the standards of the original study, he estimated 40 vehicle trips per day for the cottages versus 54 per day for the Alzheimer's unit. Mr. Singley explained there is one wing in the lodge building being used for Alzheimer's patients, who were going to be moved to the Alzheimer's unit. With the modification, they will remain in the lodge. Sandra Pursche, Sangermano Construction, explained the existing Alzheimer's wing is self-contained with the same security measures as there would have been in the larger building. Mr. Achille asked about the change in resident capacity. Mr. Singley explained there would have been 60 residents in the Alzheimer's unit, and with the cottages, there will be 40. r Mr. McShane asked whether there would be a change in assessment. Mr. Singley said it would likely go down because the cottages, which are less square footage, will cost less to construct. Mr. McShane asked how this change would be beneficial to the town. Mr. Singley explained they would be serving a clear need, would lower the demand on public services, would lower the visual impact with smaller buildings, and would provide immediate tax revenue. Mr. Frank asked if the project would require a revised Order of Conditions from the Conservation Commission. Mr. Burke said he thought it would. Mr. McShane reminded the applicant there were only five members present, and he would need five affirmative votes for the special permit. Mr. Singley said he would like the board to vote. Mr. Achille said he would like to be sure about the fire hydrants. Mr. Burke suggested that could be made a condition. r' Mr. Frank said it did not seem as though traffic would increase, and thought the Alzheimer's unit would have produced more emergency traffic. Dr. Torman agreed, saying there would be more traffic than currently, but not as much as with the Alzheimer's unit. -5 Planning Board Minutes 6n 100 /,", , Mr. McShane said he would have liked a traffic study, but believed traffic would be reduced with this modification. He said he would like to have the hydrants, light department issues, and buffering around the guard rail made conditions. Dr. Torman said he would be more comfortable with a fire hydrant near building 14. Motion: To close the public hearing (Frank-Torman) All in favor. PASSES Motion: To approve the modification to the special permit with the following conditions: that the Fire Department approve the location and number of hydrants; that the Electric Department approve the utilities and lighting plan; that the Conservation Commission approve the buffering and landscaping plan. (Frank- Torman) Torman - In favor. This is a good plan and will help traffic on South Main and Cobb Streets. Cook - In favor. This plan will lessen the impact on traffic and the building size. Frank - In favor. With the decrease in traffic, there is no detriment. r Achille - In favor. This has been a good development for the town, and the plan is consistent with the previously granted special permit. McShane - In favor. The plan meets the standards set by the Zoning By-Law, and the lower tax income will be offset by the lessened impact on services and traffic. All in favor. PASSES Motion: To send the Fire Chief a letter regarding turning off the sirens when the vehicles turn onto Cobb Street. (Torman-Achille) All in favor. PASSES West Church Street/Old Colony Way - Spiezio. The lot line currently runs though the building, and the Form A would move the line to between buildings. Motion: To sign the Form A (Torman-Frank) All in favor. PASSES Motion: To adjourn at 10:30 p.m. (Torman-Frank) All in favor. PASSES ~;vY~ d v 1..- 7- ) L. 2. /1110 Date of Approval / r- Date of Next Meeting: June 28,2000 at 7:30 p.m. - Workshop with IDC July 12, 2000 at 7:30 p.m. - Planning Board -6 Planning Board Minutes 6n 100