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Home My WebLink Aboutmin of planning brd 02/06/02 r ii I 'rtfl" .' "~ii ':::f:: /l/ to, Planning Board Minutes O<'if4f? . " ",;~.. . . February 6, 2002 '" I / / PI, I 'Fief' Tom French, ChaIrman; Bernie Dolan, Clerk; Kenneth Torm~ ~~i.Mcs,~a~S~ott Frank . '-'/;"" I"" J tjJ{tM~ijpg:~;IJ~~~J~9r~~r:~~!:1~~9::p;ml"...::.:.::::::........ .............................. ... .:::y:.~lr;;.15f 1~~~m~~::~W.r~~~p~-#~~.f~:~::n:~::r~r: ..... :..".,..:,::,d.. '.' .......... 1. January 23, 2002 Minutes Motion: To approve as submitted (Dolan- Torman) Three in favor. McShane, Frank abstained. --..........----- ....--.-----.. ....n.........__ .. .............. .................................. ...., PASSES 2. lBA application for Finding - 21 Coral Street - Dennis and Kelli Baker. The board signed a Form A plan for this house and the one next door several weeks ago, creating two non-confonning lots. The existing house at 21 Coral Street will be replaced by a 6Ox35 house, but the addition will not make the front or sideyard setbacks any more non- conforming. Motion: To send the lBA a positive recommendation (Frank-McShane) All in favor. PASSES r 3. ZBA application for Variance - Spring Street - Carl Nelson. The variance is for less than the required frontage on Spring Street. The lot is one acre and the applicant proposes to construct one house. The lot has 33 feet of frontage for about 250 feet; there is also water on the site. Mr. Frank said having a non-conforming lot is not a hardship. Motion: To send the ZBA a negative recommendation because the creation of a non- conforming lot is not a hardship. (Frank-McShane) All in favor. PASSES .~ 4. lBA application for Variance - 885 South Main Street - Tweeter Center for the Performing Arts. The applicant proposes to add 543 additional parking spaces and feels the same facts and circumstances support a Finding, similar to the one granted in June 2000. Phase I of this proposal, 126 spaces, was approved several years ago on land acquired by the Tweeter Center. The board was of the opinion that because the lot would be on newly acquired land, it should be a special permit use. The Zoning Board of Appeals granted a variance nonetheless. Mr. Frank asked if this Phase II plan is a pre- existing, non-conforming use because the Phase I plan was approved for the same use. I\1r. Burke suggested sending a negative recommendation because it shouldn't be considered a pre-existing, non-conforming use because it wasn't included in the original locus. The board agrees with Town Counsel and BI in Phase I recommendation that this isn't pre-existing, non-conforming; if the ZBA fmds it to be a non-conforming use, this is a greater non-conformance and would detrimentally impact surrounding properties; a fmding should not be granted. Motion: To send the ZBA a negative recommendation. The board agrees with Town Counsel and BI in their Phase I recommendation that this isn't pre-existing, non- conforming; if the ZBA fmds it to be a non-conforming use, this is a greater non- conformance and would detrimentally impact surrounding properties; a fmding should not be granted. The board is of the opinion that this use could be permitted, but not as a finding. The board would like to copy the selectmen on this recommendation. r (Frank-McShane) All in favor. PASSES 5. ZBA application for Variance - 24-26 North Main Street - Anthony Uva. The application is for a variance from density and dimensional regulations, as well as parking, on the reconstruction of an existing multi-family building. The existing structure and garage will be demolished and a new building erected. The proposed building will not be significantly different; however, the floor area ratio has changed in that zone. They will also be one parking space short because of the addition of a handicapped space. Mr. McShane was concerned about the appearance of what might be constructed on the site. Mr. Burke said while this may not meet all the statutory requirements, this proposal would be much better for the neighborhood than what has been proposed in the past, including a chain pharmacy. Mr. Frank said he was concerned about the parking; he said there was another developer before the board with a similar problem, and the board told them that just because they wanted to build as many units as possible did not obligate the board to grant a variance. Mr. Dolan said a new structure would be much safer than the current balloon-style construction. Motion: To send the ZBA a positive recommendation because the current construction style prohibits rehabilitation of the building; the loss of one parking space is not a significant issue; a residential use downtown will be a more positive addition than a chain retail establishment. (Dolan-McShane) Three in favor. Frank opposed. Tonnan abstained. PASSES (' 6. Memo from Mr. Burke re: Open Space and Recreation Plan meeting 7. Meeting notices - Attleboro, Easton, North Attleboro, Norton, Plainville, Canoe River Aquifer Committee 8. Journal of the American Planning Association 9. The Beacon In;t:::P~~miwji~~J~~trOO~~Y!J9p~ii:~9mm~ijt~:::t...'."":::.:::::::......... IDC members: Jay Barrows, Walter Jenkins, Rich George, Carlton Briggs, Tom Prestwich. Town Manager John D' Agostino, David McCarter, Board of Selectmen. ....1 ....... Zoning Changes The boards discussed the wireless communication by-law, which was approved at the Fall 2000 Town Meeting but then disapproved by the Attorney General's office because of the inclusion of a date. The Planning Board may bring that by-law back at the next Town Meeting. Mr. French said he was comfortable with the structure of the Zoning By-Law at the moment. r- Golden Triangle Mr. Barrows suggested addressing the Golden Triangle. Mr. Burke explained his office has not been contacted by any businesses about that area; however, a Form A plan was approved for the south side of School Street, including the White property. The residential area on the north side between Route 140 and Route 495 was not included in r the Form A. !\1r. Burke explained those residents could get together to do a Form A for their properties. The Form A freezes the use for three years; the Form A that was approved was approximately one year ago. Mr. Barrows said he thought the highest and best use of the land on the south side of School Street would be office space rather than retail, although retail uses are not prohibited there because of the freeze provided by the Form A. Mr. Frank said there are many buildings available in the industrial park, so a business may not come to Mansfield and build a new office building. Mr. Barrows said he was thinking ahead to the next wave of business development. The boards discussed the apparent storage of trailers on South Main Street, which seem to have been moved from West Street. Mr. Burke said this is not an allowed use. Attracting Business Mr. Prestwich said the town should make the industrial areas on Route 140 more attractive to new businesses by allowing things like higher buildings. Mr. McShane said he would rather see that area shaped now so it isn't lost to retail; he said the economics allowing retail will happen prior to the economics allowing office uses. r Mr. Jenkins and Mr. Barrows said they would like to see the zoning of the Golden Triangle and the industrial areas on South Main Street changed to PBn rather than Industrial 1, which allows retail. He said he was concerned that if the Form A freeze is allowed to expire, the Golden Triangle land may go over to retail. Mr. Burke said he believes the land owner, Jack Walsh, wants to do a quality development, but it is easier to sell land for retail uses than to attract office or research and development. Mr. D' Agostino suggested the town establish a program to help the office-type businesses come to town. Mr. McShane asked if anyone had spoken with Mr. Walsh about what he would like to help make his land more attractive to business. Mr. D' Agostino said tax incentives would allow Mr. Walsh to sit on the property longer and give him the chance to attract clients. He suggested a town-wide package to help land owners market their properties to the right kind of industry. Mr. Frank was concerned about getting a tax cut for land owners with undeveloped land through town meeting, with the recent increases in residential taxes. Mr. Prestwich said he believed the industrial land on South Main Street is the most valuable land in town and suggested rezoning that area, giving the owners the incentive to build an office park in the future. Consensus was that further discussion of the Golden Triangle is warranted. r Marketing Plan The market will have to be defmed with a marketing study and marketing plan, in order to be able to bring a model to land owners and business owners. Mr. Barrows suggested (" the IDC could hire someone to put something like that together. He said the IDC has a relatively complete inventory of land, but said they would need help with the strategies. Mr. McCarter said the town has already done a lot to attract business to town, including the equalized tax rate. Mr. Burke said many towns advertise in publications like the Real Estate Journal, which could be done once a plan is in place. Mr. Jenkins said that plan would have to include every aspect of development, so the town could be ready for businesses that might be interested. Consensus was that it would be worth looking into a marketing plan. Vernal Pools Mr. French explained a vernal pool has to be inside a bordering vegetative wetland; the state statute requires a 100-foot buffer from the edge of the wetland. Mr. Barrows asked how much land is lost because of these areas. Mr. McShane explained the state DEP and Natural Heritage Program are moving toward requiring more protection around vernal pools, and didn't think anything the town would try to do would gain any buildable land. Downtown Business Mr. D' Agostino suggested a Business Improvement District, where a percentage of the tax revenue remains in that district for beautification and other projects, giving an incentive to business owners by making them feel they were invested in the district. Mr. Barrows said it was a good idea, which would, over time, increase the value of the ( properties. Mr. Dolan asked about the train station progress. Mr. D' Agostino said he believed the town would move forward with a springtime RFP for construction of the station. Mr. Barrows said the downtown area would have to be defined under a BID; Mr. Dolan said he thought that area had been defmed in the Master Plan. Mr. McShane said that might be a tough sell at Town Meeting because it would be perceived as a reduction in tax revenue; Mr. D' Agostino said the same amount of tax would be paid, but some would be put back into projects in the district. Mr. McShane asked what could be done to preserve the character of the downtown area; Mr. D'Agostino said design standards could be established. Mr. Barrows said he was concerned about keeping as much business in the center of town as possible. Mr. Barrows was concerned about the traffic coming from Old Colony way onto North !\.1ain Street. He suggested adding parking in that area and getting some revenue from it.u Mr. Prestwich said the main problem with downtown businesses is the lack of quality stock of available space for retail establishments. Consensus was that it would be worth looking at a BID. r (' Owens- Illinois Site Mr. Burke explained that is a parking lot for the container business, which is also a customs center. The Planning Board granted a special permit for the paving of this site, making it more environmentally safe. He explained there are several other trucking and warehouse uses on this site. Hatheway-Patterson Site Mr. D' Agostino said the town has taken the property for tax purposes. This site is 35-40 acres of land, and has been named a Superfund site. To clean it up for light commercial or light industrial uses would cost the federal government around $7 million; he said he would like to look into getting a shipping/receiving businesses there because of the rail spur. Mr. Barrows noted there would be heavy restrictions on what that site could be used for, even after cleanup. He suggested rather than cleaning the site, the town could become the lessor of that property and do something like store trailers there, since it would be exempt from zoning. Mr. Frank explained the town is not exempt from zoning if it is conducting a business use. Mr. D' Agostino explained the town, as landowner, would have to do an RFP. Mr. D' Agostino suggested a Redevelopment Authority, separate from the town. 1:::::~:::4;:::F9:rm:~(~):m#~:::::::~:::::::::::::::~::::~::::::::::::::::::::::::::::::::::::::::::::::::~.::::::::n::::~.::::::::::::::::::::::::::::::1 (' I ' , ' '" " " " ' , , " " ' "',", , , , " .".., ,."., , , " '" "" , , " '" " ::~i:~m!::!~:W#j~:::::::::::~.:~.~~:~.~::~.:::::::~:..::~:..::..:::::...:::~::..~::n: ......._-.-.--. ------<-------- .........,. ...... ....-.. ... '" '" :I.~::::I:~:::nr:::::::nn~:nn.r.1 I " " "" " """'" .:~1~~.~~A4J.~i~~~ij!rrr "",'" ,,::'::::::::::,::.:>::,~:~::,~,::::>>>>'>'" """ ~: ~: .~~U.U:L:::::':::':::' Motion: To adjourn at 9:45 p.m. (forman-Fran) All in favor. PASSES " ..', I ~:n:t~IIII~~~nII!m:~III~ Date of next meeting: February 20,2002 at 7:30 p.m. ~ 3/5'/0;2- Date of Approval r