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HomeMy WebLinkAboutPLANNINGBRD_032713Planning Board Minutes March 27, 2013 Present: Tom French, Chair, Michael McClanahan, Tony Jodice, Donald Cleary; RalpIV�q nrey, Cheryl Collins; Alternates: Michael Feck riCE Shaun P. Burke, Director of Planning and Development; Jennifer Crotty Davis, Administrative Secretary I 3 +< t i p /\ 9 L Motion: To appoint Mr. Cleary Acting Clerk (McClanahan - Collins) All in favor, PASSES, 2. Correspondence 1. ZBA application for Variance — 600 West Street Mr. French said he would abstain from the discussion. Mr. Burke explained this is an oddly shaped parcel, for which the board has previously seen plans for an office building and an office /manufacturing building. This plan is for a warehouse building and requests relief from the front yard setback and open space requirements. Mr. Burke said the lot used to be a baseball field, so part is very flat, but it rises toward Route 495 and would likely have to be filled. The front setback would be 21 feet from the property line, but 37 feet from the pavement, where 50 is required. Mr. Jodice asked if the board's proposed PBD changes could be used to build a green roof for more open space. Mr. Burke said it could, but the permit would be at risk until the Zoning By -Law is approved by the Attorney General. Mr. Penney suggested the building could be slightly smaller and allow more open space. Mr. Cleary noted there are 100 parking spaces on the plan, which is a lot for a warehouse use. Mr. Burke said lie thinks the developer wants to leave his options open. Mr. Penney asked if a multi -story building would be better; Mr. Burke said that was the first proposal several years ago, which the owners were unable to market. Mr. Penney said the warehouse use doesn't seem to fit in with where the board wants to the park to go. Mr. Burke said he agrees, but the owner has been unable to market the site for office space, Mr. McClanahan said a new building would provide additional revenue for the town. Mr. Feck said a smaller building would still allow a warehouse. Ms. Collins said if there is no tenant who needs the particular space, the building could be smaller and open space retained. Motion: To send the ZBA a negative recommendation and suggest the size of the building and amount of parking be reduced, which would allow conformance to setback and open space requirements. It appears the size of the proposed building and parking creates the hardship. (Penney -Feck) Five in favor. McClanahan opposed. French abstained. PASSES 2. ZBA application for Variance/Finding — 129 Rumford Avenue — Side Yard Setback — Spier Mr. Burke explained the application is to construct a flight of stairs and a deck as a second means of egress. The house is on a corner lot with only eight feet between the side of the house and the property line. The house was built around 1900, so is pre - existing, non- conforming; Mr. Burke suggested a positive recommendation. Mr. Jodice said the application should be a Finding; he said he is concerned about the Planning Board sending a recommendation calling it a Variance. Motion: To send the ZBA a positive recommendation because the house pre -dates zoning (Penney - McClanahan) Five in favor. Cleary, Jodice opposed. PASSES ZBA application for Variance — 975 Maple Street — Side Yard Setback — Adra Mr. Burke explained the application seeks relief for a deck and flight of stairs, which were 3/27/2013 built with no permit. A 25 -foot sideyard setback is required; the deck and stairs have 12.5 feet. Mr. Burke explained the building inspector will not issue a building permit to legitimize the existing deck and stairs without the ZBA granting relief from the sideyard setback. Mr. Jodice asked what would happen is the variance were denied; Mr. Burke said the deck and stairs would have to be removed. Motion: To send the ZBA a negative recommendation because this appears to have been a self - created hardship (Jodice - Cleary) Mr. French noted the house on the abutting lot is a considerable distance away, and the lot is oddly - shaped. Five in favor. French, Collins opposed. PASSES 4. Public Hearing notices — Attleboro, Norton, Sharon 3. Form A- ANR Plans The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted. Zone II Redelineation Lee Azinheira, DPW Director; Alex Mikszewski, Duff Collins and Cary Parsons from Woodard & Curran; Keith Gully from CH2M Hill Mr. Azinheira explained: • Potential errors in the existing conceptual Zone II for the East Mansfield wells (dated 1992) were originally identified by CH2M Hill while performing remediation work for a private party on N. Main St. • In 2008, the private party and CH2M Hill contracted Woodard & Curran to perform an independent, phased assessment of the Zone II and determine whether modernization was appropriate. • Woodard & Curran's initial field investigation proved the Zone II was incorrectly drawn in the northwest portion. After discussing the discrepancy with Mansfield DPW, Mansfield DPW requested that the entire East Mansfield Zone II be modernized rather than just a portion. This would provide the Town with a modern, scientifically defensible zoning line. • In 2012 Woodard & Curran completed a second field investigation across the entire East Mansfield Zone II and produced an advanced groundwater model to modernize the Zone II according to the current standard of practice. Woodard & Curran's findings were summarized in a report submitted to MassDEP. On February 13, 2013 the Board of Selectmen as water commissioners voted to support the submission of the report to MassDEP. As a result, a Zone II modernization article was drawn up for the May 7 Town Meeting. Earlier this week, MassDEP's reviewer provided verbal approval of the report and we anticipate receiving formal written approval soon. Public Comment There was no public comment 2 3/27/2013 Board Comment Mr. Cleary asked if final DEP approval will be received before Town Meeting. Mr. Azinheira said he thinks approval will be received next week. Mr. French said the team did a great job on this. Mr. Penney said this project provided a benefit to the town at no cost. Motion: To close the public hearing (Penney - McClanahan) All in favor. PASSES Business 3 /Business 4 The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted. Public Comment Mr. William Clemmey said he thought the change to the parking requirement would have been in the PBD /Cabot article, but noted it is in this one. Mr. Clemmey said the B3 will continue to be the highway business district, but the board's article would not allow new gas stations, fast food or drive-through windows. He said he thinks separating the remote business areas into their own zone is a good idea. Mr. Clemmey said he has submitted a citizen's petition to allow mixed -use in B3; he said he wrote it so that if the board's article fails, his will be withdrawn. Board Comment The clerk read a September 20, 2012 letter from the owner of Patriot Tool to the Planning Board and a January 17, 2013 letter from the Planning Board to the Town Manager regarding sewer extension. Motion: To close the public hearing (McClanahan - Collins) All in favor. PASSES Site Plan Approval The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted. Public Comment There was no public comment Board Comment Mr. Burke explained there are two parts to the article; site plan approval and new exterior lighting standards, which would provide backup to the by -law. Motion: To close the public hearing (McClanahan- Jodice) All in favor. PASSES 3/27/2013 Mr. Burke said town counsel has been reviewing the board's articles and took out the reference to the hold harmless agreement in the B 1/B2 /Signage by -Iaw; he has been asked to put it back in. Mr. Burke said he was told town counsel is some of the articles are too long, and is considering not including it all in the warrant, but rather as an overhead and handout. 5. March 15, 2013 letter from Catherine Racer, Associate Director, DHCD re: approval of three affordable units at 68 Spring Street, Spring Street Mill Apartments. Mr. Burke said the developer, the town and DHCD have been working together through the affordable housing by -law to get the units listed on the town's affordable housing list. He said this project was not permitted as a 40B development; if it had been, all of the units would be included on the affordable list. Mr. Burke said he spoke with a developer last week about a potential over 55 40B development; he said because the town has met its 10% affordable housing goal, the ZBA is not obligated to grant the permit, and the developer would have no appeal. 6. March 28, 2013 letter from SRPEDD re: Planning Board Representative Reappointment The board discussed posting the opening on the town's website asking for residents who are interested in applying to be the board's representative for a one -year appointment. Motion: To ask Mr. Flymr if he is interested in continuing to serve, then post the opening on the website (McClanahan- Collins) All in favor. PASSES 7. Letter re: April 1, 2013 swearing in of new Police Chief Ronald Sellon, 6:00 p.m. at the Mansfield High School auditorium Letter from Anthony Jodice re: resignation from Planning Board effective March 27, 2013 Mr. Jodice said he has a new coaching job at Attleboro High School and is very busy with his business. He said he has enjoyed his time on the board and hopes someone will take over the role of devil's advocate. Mr. French said he is sorry to see Mr. Jodice go and thanked him for his service. Mr. William Clemmey said he has filed citizen's petitions to allow mixed use and drive - through in B3; to rezone a lot on Henry Street to from business to residential; and to rezone a lot on Paine Road from residential to business. Mr. Karl Clemmey said Mr. Jodice has been a good member. He said the board has changed a lot in the last 30 years and has become more professional and easier to work with. Mr. Penney asked about medical marijuana; Mr. Burke explained he has drafted a special permi by -law, based on the adult entertainment by -law, restricting the use to the PBD. He said the Department of Public Health has not issued its regulations yet; without them, it would be difficult to adopt a by -law. He said it is not on the Annual Town Meeting warrant, but could be 4 3/27/2013 put on a Special. I-Ie said several local towns have proposed moratoriums. Mr. Penney said Foxboro is doing a moratorium, but North Attleboro has asked for one year to look at the issue. The board discussed what this use would be; Mr. French said the argument could be made it is a retail or pharmacy use. Mr. Burke said without defining and locating the use, it could by default be called a retail use. Mr. French suggested proposing a one -year moratorium. Ms. Collins said a patient with a prescription can grow marijuana at their own home. Mr. Burke said a moratorium has to be for a specific time. Motion: To ask the Town Manager to put the medical marijuana moratorium article on the special town meeting warrant (Penney - Collins) All in favor. PASSES Mr. Penney said North Attleboro has implemented a program for A -Frame signs, which he said shows businesses find the signs helpful. Mr. Penney asked when the final by -law amendments will be posted. Mr. Burke said the Board of Selectmen is reviewing the warrant tonight, so he hopes to have the final version tomorrow. Mr. Penney said he appreciates Mr. Jodice's contributions and thanked him for his perspective. Mr. McClanahan thanked Mr. Jodice for his service. Mr. French said the pre- public hearing meeting to discuss the Transit - Oriented Development by- law is tomorrow, March 28, at 6:00 p.m. Mr. Penney asked about the Fales Oil Property. Mr. Burke said there are a variety of ideas about what to do with the property, but the Board of Selectmen have not reached an agreement. Mr. Penney said the Planning Board has heard a lot about the need for parking downtown and asked if there is anything it can do to encourage the Board of Selectmen to move forward. He suggested clearing the lot and using it for parking as an interim solution. The board asked Mr. Burke to send the Board of Selectmen a letter regarding the potential for using the site as a parking lot until its final use is decided. Mr. French asked the members to think about volunteering to present an article at Town Meeting. Motion: To adjourn at 8:45 p.m. (Penney -N, Next Planning Board meeting: Signature of Clerk favor. PASSES April 3, 2013 at 7:00 p.m. Date of Approval 3/27/2013