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Home My WebLink Aboutmin of planning brd 03/06/02 r r r- \~fc~.~~1r_~\fr \ct ( . \. ,. ~.~~\~..'2.? Planning Board Minutes '\J?. ,\r:\~ 7.. \) .... . " Marc~ 6, 200~ \.. ; '.. . ........ ,\'c~j) "\ S Benne Dolan, Actmg Chamnan; Roger Achille, Actmg Clerk; Kenneth To~a~\ig~~:)f\ Frank, Mark Cook "\I),S~ 1!:.1lr:!_ijg:~~~.!M9m~r:~!!1~~9:!PAffll!!!:!::!:!:::!!!::::!!!::!!:!::!!:!!!::!:!:!:::::!!::!!!:!:::!!!:!!::!:::!:!::::!!!:!:!!::!!!!:!:!:I Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk (Tonnan-Cook) All in favor. PASSES 1~:g~~~i~_$:'~~ijg'IYfPiW~~m~~m~~iP~fj~~j9:~i:::~:::I .. ...... ::::......... :::::::::::::::ItJ:::i!!:!:I!:!fl Fred Armstrong, :M:MAS attorney, and Ken Butler, .M.MAS manager, will visit the Board of Selectmen later this evening to ask for that board's support for their Zoning By-Law amendment, which would allow the M:MAS to hold a holiday light festival at the Tweeter Center for the Performing Arts between Thanksgiving and the New Year. Mr. Armstrong explained the amendment has changed from the proposal that failed at the Fall 2001 Town Meeting; because it failed, the same amendment cannot be brought back for two years. Mr. Armstrong explained this amendment is different because it specifies a special permit can only be granted by the Board of Selectmen to a locally-based non-profit organization, restricts the special permit to the I-I zone, and specifies the permit goes with the applicant, not with the land the festival is held on. Mr. Dolan said the change will give the Selectmen the latitude to grant this permit, but was still concerned about other kinds of organizations being granted a permit. He said he didn't think the Planning Board is opposed to the idea, but has some concerns. Att. Frank arrived at this time. Dr. Torman said he is in favor of the idea, but questioned whether the amendment as written would stand up to scrutiny. He said he was also concerned about dishonest organizations creating non-profit corporations or making large donations to local non- profits to get their sponsorship, and thereby skirting the regulations. Att. Frank said he was concerned about the 45-day time frame and about the "non-profit organization based in 1\.1ansfield", saying the Elks or a similar national organization may not qualifY, even if they have a chapter here. He was also concerned about organizations other than the non-profits, such as the landowners where the festivals are held, who would be making money off the festivals. He was concerned about the creation of a huge hole for one small organization, and about the other issues, like traffic. Att. Burke said the changes have addressed many of the concerns from the Fall 2001 To\\'O Meeting, including the restriction of the use to the 11 lone, which would allow it in only a few places. In addition, the special permit can only be granted to the applicant, rather than to the landowner, and is non-transferrable. This much more narrowly defmes who can conduct this use. He said he is more comfortable with this by-law than the original amendment, and addresses the concerns expressed at the 2001 Town Meeting. r The proposed amendment reads as follows: To see if the Town will vote to amend the Mansfield Zoning By-Law by adding a second paragraph to Section 1.5.48 as follows: The Board of Selectmen, acting as Special Pennit Granting Authority, may authorize by special pennit in accordance with the Section 5.5, Special Permit provisions of the Zoning By-Law, a temporary use in the I-I zoning district to be conducted by a Mansfield Non-Profit Organization tor up to an additional forty five (45) consecutive days beyond the five (5) consecutive days allowed in the preceding paragraph, provided that the such special permit for additional days may only be granted in conjunction with the grant of an entertaimnent or festival license by the Selectmen under M.G.L. c. 140. Such a Special Permit shall be issued only to the Mansfield Non-Profit Organization conducting the temporary use, is non-transferable, and does not revert to or nm with the title of the land upon which such a temporary use is conducted. For the purposes of this paragraph, a Mansfield Non-Profit Organization is defmed as a not-for-profit, fraternal or charitable organization based in Mansfield and whose primary purpose is to provide cultural, social or recreational opportunities for Mansfield residents. And to amend line 3.4.10 The Schedule of Principal Uses as follows: Residential Districts 1 2 3 R Business Districts 123 P B D Industrial Districts 1 2 3 A SPA 3.4.1 0 Temporary Use Y Y Y Y YYY Y y** Y Y Y N r ** Temporary Use for more than five (5) days in the I-I zone only, may be permitted by special permit as provided in Section 1.5.48. The amendment as proposed, which failed, at the Fall 2001 Town Meeting, read as follows. To see if the Town will vote to amend the Mansfield Zoning By-Law, paragraph 1.5.48, Temporary Use, by adding a second paragraph to read as follows (changes in bold): 1.5.48 Temporary Use: A use permitted by right in all districts in this by-law lasting a limited amolUlt of time. For the purposes of this by-law, a limited amolUlt of time shall mean no more than five (5) consecutive days and a total of not more than ten (10) days within any given calendar year. Temporary use shall be limited to the following: temporary non- corrnnercial fair, festival, auction, or flea market. All temporary uses shall be strictly limited to usual and customary not-for-profit, fraternal, or charitable organizations. [Amendment] For the pmposes of this by-law, the Board of Selectmen, acting as Special Permit Granting AUt.J.lOrity, may authorize a special permit to allow a temporary use, as defined in the preceding paragraph, conducted by an organization as identified in the preceding paragraph, to be conducted an additional forty five (45) consecutive days beyond the five (5) consecutive days allowed in the preceding paragraph. The Board of Selectmen, acting as the Special Permit Granting Authority, may grant this special pennit annually only in conjunction with the granting of a permit for an entertaimnent or festival license in accordance with MGL Chapter 140. r r A public hearing on this has been scheduled for April 3, 2002. Mr. Frank suggested clarifYing the "based in Mansfield" section of the proposal prior to Town Meeting. r-- Id'.....' ..d.......,...., '.... .....,...... d......., ,.... ....d....... """""",','" ............... ,..d.............'1 '!!~iiif$Ptt~ij~9~~~~Ii:!I!.:.:.:.: '" ,. """::,..":::<:::<:::::::: ;;;;;;;:;;.:::::":':::::::::. ,'... ~~:trin~t~~r~~n~~n~~~~~I~ 1. February 6, 2002 Minutes The Coral Street Variance should specifY "two non-conforming lots." Motion: To approve as amended (Torman-Frank) Three in favor. Cook, Achille Abstained. PASSES 2. ZBA application for Variance -182 Lawndale Road - Tomase. The application is for a Variance from Section 4.2.1, sideyard setback, for the construction of a garage addition which would result in a lO-foot sideyard setback where 25 feet is required. Att. Frank suggested the garage could go behind the house; he said there appears to be no hardship shown in the application. Motion: To send the ZBA a negative recommendation based on the fact that the shape of the lot appears perfectly regular, there is no evidence of irregular topography, and the inability to add a garage does not rise to the level of hardship under the regulations. There is no call for derrogating from the intent of the Zoning By-Law (Frank- Torman) All in favor. PASSES 3. Memo from Att. Burke re: Filing Fee Increases Att. Burke explained the Selectmen, Town Manager, and Finance Committee have asked the board to look at revising its fees; the last time Planning Board fees were amended was 1998, so he believes it is time for an increase. Based on an approximate seven percent departmental increase since the last fee increase, Mr. Burke suggested going to public hearing for a 10 percent fee increase, and has recommended the Board of Selectmen raise the special permit fees. He said our fees are higher than most surrounding communities, but with the amount of review, inspection, and other work, he feels comfortable with the increase. A public hearing will be scheduled for April 24, 2002. 4. ZBA Decision - Scott Eames - Carol Road - Granted (Negative Recommendation) 5. ZBA Decision - Chris Cunniff - 16 Ridgeview Lane - Granted (Negative Recommendation) 6. ZBA Decision - Eric Moberg - 17 Alden Street - Granted (positive Recommendation) 7. ZBA Decision - Robert Downey - 87 Patty's Road - Granted (positive Recommendation) 8. ZBA Decision - David Cass - 127 School Street - Granted (Positive Recommendation) 9. ZBA Decision - Royal Oak Trust Appeal of Shaw's Foundation Permit - Building Inspector's Grant of Permit Upheld 10. Meeting Notices: Attleboro, Easton, Foxboro, North Attleboro, Norton, Sharon, SRPEDD, Canoe River Aquifer Committee 11. Workshop notice - Land Use Law Update in Massachusetts 12. Notice of Statewide Community Preservation Act Conference 13. SRPEDD Regional Review 14. Mass Interchange newsletter 15. Planning magazine r' r r r 16. TransReport newsletter 17. State Register of Historic Places 2001 18. The Beacon l:j~jIj!:j'4!jjjF~tm:Aj(~)j~ijijjj!ij . .... ...... ..-................. . -. -.. - -.. - -- -. -. -. nnn'n, 'nl -..----..-----. ..,.........-.. ............--- .............. . -. -- - -. -. - - - -- ......-........ ... --.. -. -.. -. ...-.......... .-.---------...------.. ....................... ... o. _ _.". _.._... _.. _ _.. 1~~~~~~~tMi!lWiWiiM~)) "" "" """',.'. '<>">,>....,....:<:<::::""",,, , "" ",:n.::....;::;:::::):::;:;::::::" ., The board discussed the latest on the Erin's Centre appeal. Nothing new has been heard on that case, and as far as anyone knows, Home Depot plans to move ahead. The board discussed the South Main Street site, where trailers seem to be stored. Staff and Town Counsel agreed the use is in violation with the Zoning By-Law, but the Board of Selectmen chose not to pursue the violation. lu~~rr~~ijj9.!f:Affl~'Il~~tt!~.~I~{Itt~rrirr) :;::::;;,...;..;:;;:: "",:,."",.."."",:':::::::::::::::::::.:::::::,...........:..:' ;;;:;;;:;;;;;;; Motion: To adjourn at 8:30 p.m. (Torman-Cook) All in favor. PASSES nUl ...... Date of next meeting: March 20, 2002 at 7:30 p.m. ~~~ 19nature of Cleft 3 - ~() - (j "L-. Date of Approval