HomeMy WebLinkAboutmin of planning brd 04/24/02
r
RECE \lED
f"\ A r'-f'-.
j,. . r (, n r- f: ,..
Planning Board Minutes " ,- , let
April 24, 2002 02 11A Y 14 MI 9: 0
Tom French, Chair; Bernie Dolan, Clerk; Roger Achille, Mark Cook, Tom McShane 7
Il~~~i~~l~~~llii;~opm~t.. ....... .. . mi;mm;~~~@~i~il&~~~TS
Motion: To a oint Mr. Achille Actin Chair (Cook-McShane All in favor. PASSES
........-_...............................................-............ .........--..... ......................
::tl:::;t;fIf:~~iijp~~~~::Iff:rrI:::I:::: ......:::::::::::::.. .... : :::::::::::: :... ......... .HHp. .::::::::::::::::.:.
1. April 1 0, 2002 Minutes
Mr. McShane noted a change in the second paragraph of page 4, regarding the linking
of the grant of a temporary use special permit by the Board of Selectmen.
Motion: To approve as amended (Dolan-Cook) 4 in favor. Achille ab stained. P ASSES
[Mr. French arrived at this time.]
2. Letter from Greg Matoian, 3 Coach Road, re: Zoning Board of Appeals. In his letter,
Mr. Matoian explained he had applied for and been denied a variance to expand his
home. He would like some guidance from the board on how he should go about
reapplying to the ZBA. Mr. McShane said Mr. Matoian should look at the criteria the
board considers during variance discussions, such as whether it would fit in with the
neighborhood, whether it increases the non-conformity, or whether there is a hardship
to the land. He said he did not believe the materials as submitted at this point met any
of these criteria. Mr. Dolan suggested an addition could be built off the back; Mr.
Cook said he thought the septic system is in the back. The house is very close to the
road, without a 40-foot frontyard setback.
r
Mr. Burke explained Mr. Matoian told him he would like a garage with sufficient
width for a wheelchair, with access directly into the house. The proposed addition is
I8-feet wide with an 8-foot breezeway; Mr. Matoian said he had looked at making the
addition smaller, but could not because of the space needs of the wheelchair. The
proposed addition would leave a I4-foot sideyard setback. rvlr. Burke said there may
be a question as to whether the house is grandfathered for a I5-foot sideyard setback
because of the age of the house; if that is the case, there would only be a one-foot
encroachment.
r
Mr. Dolan suggested Mr. Matoian speak with the Building Inspector for an
interpretation on what his setback requirements will be. Mr. French suggested getting
the lot surveyed to be certain what his lot dimensions are, where his house is, and
where the neighboring houses are. Mr. French suggested he get a letter of support
from his neighbors, and then reapply to the Zoning Board of Appeals.
4. Letter from SRPEDD re: Planning Board representative
Motion: To reappoint Mr. Flynn as the Planning Board's SRPEDD representative
with the board's thanks
5. Meeting Notices: Attleboro, Easton, Foxboro, Norton, Plainville, Sharon,
6. Weston & Sampson Inspector
7. Trust for Public Land newsletter
8. MassMeans newsletter
9. NE Real Estate Journal
10. Planning magazine
r
,.......................................................................... ................ ................ .........................1
::~~:::F9tJ.ijA:(~)J~Jij~:::r:::::::::r:r ... .........:: co::: co::::: ....>>.>.... .... ....::::::::::::::::>.... :::::::::::::::::rr:r
Gale Lane - Scott Eames. The plan seeks to create two lots, with Lot AI, to be conveyed
to the abutter and Lot A, which has been granted a variance for insufficient frontage. A
ten-foot planting easement on Lot A will be deeded to the abutting owners, and a 40-foot
no cut zone is shown. Mr. Burke suggested the plan meets the criteria for an ANR plan
and recommended endorsing the plan.
Motion: To sign the Form A (Cook-Dolan) All in favor. PASSES
r
... ...... .__..........__..... ...._u__......____.......__
r~fr:f:ijm~ij:n~id#gH:"6~$J'@:$ijmUYiijijji(Riiijlil9.lWH::f;~::::J:::}}rtr:::::tn .:::::.......... .....
The clerk read the public hearing notice. The proposed change is for an approximate ten
percent (10%) increase in subdivision filing fees (Section 2.5, Fee, of the Subdivision
Regulations), based on increases associated with running the department over the last
several years.
The proposed amendment is as follows:
2.5 Fee
The following fees shall be payable to the Town upon submission of the following plans:
Fonn "I\.' (ANR) Plan... ... ... .$150.00 Submission Fee PLUS:
$150.00 per lot shown on the plan
Preliminary Plan... ... ... ... ... ..$440.00 (to be credited towards Definitive Plan if
filed within seven (7) months)
Definitive Plan............... .....$525.00 Submission fee PLUS:
$385.00 per lot shown on the plan PLUS:
$7.50 per lineal foot of roadway
Modification... ... ...... ...... ... .$525.00 Submission fee PLUS:
$385.00 per additional/revised lot shown on the
plan PLUS:
$7.50 per additional/revised lineal foot of
roadway
*The submission fee does not include mailing and advertising costs, which are the
applicant's responsibility.
Motion: To approve the proposed fee increases (Achille-Cook)
Mr. McShane asked about increases in site plan fees. Mr. Burke explained the Board of
Selectmen were conducting a public hearing on site plan fees, which are not in the
Planning Board's jurisdiction.
All in favor. PASSES
::~.::::~t#:I1~;g!:~i!.m~~ij~:B@#:ft~i~9:~:R~~~.~..~~M~~~ft!@:g~~.iji:~!~......:::::
:::::r::~ffflJf$i.l"i#iji1t~:JJijm~tr:::r:::::: .::::.:::t:::::..:.. . ..n..::::.....::.:::::::....:.....:;...:::...... .::.. .::::..:..:::::::::::......
John Sullivan, Town Engineer and David Field, Senior Engineer, presented the proposal
for a ten-space parking lot on town-owned land off Park Street, across from the
Mansfield Housing Authority facility. There is currently a walkway running between
Park Street and Court Street along the railroad right-of-way. The Engineering
Department will do the plans and the DPW will do the construction. Funds were
approved at the Fall 2001 Town Meeting, along with approval for the town to lease the
spaces to the Housing Authority for parking. The minimal amount of spaces will be
constructed, with an entrance off Park Street and parking spaces on one side. There will
be no access to Court Street, and the four-foot wide walkway will remain. Eventually,
the bike path will pass through this area and the walkway will be expanded to lO-feet.
r
r
Soil testing has been done, and the water from the paved area will infiltrate into the
ground, so the rate of runoff will not increase during the 2, 10 or 100 year storms. There
is currently a chain link fence on the right-of-way property; the construction will stay
away from that fence because that area is not needed. There is a natural buffer along that
side of the site, and grass along the other side. There are currently four lights, two of
which will be moved closer to the property line. The lights are low-wattage, and the side
facing the neighbors could be painted black if there is a problem. One new light will be
added to the existing pole at the entrance, which will help illuminate both the new lot and
the existing lot across Park Street. When the bike path is constructed, a crosswalk will be
installed across Park Street.
Mr. Sullivan is requesting both a site plan recommendation and a recommendation to the
Board of Selectmen as the Municipal Clearinghouse.
The clerk read department head comments from Mr. Burke, Mr. D' Ambra, Mr. Leite, Mr.
Lewis, and Lt. Towne. A note has been added to the plan explaining the new pavement
will meet the existing pavement, and will meet the proposed bike path pavement. Mr.
Sullivan has spoken with Mr. D' Ambra regarding the electrical issues.
Mr. Achille asked about the need for parking spaces. Mr. Sullivan explained the Housing
Authority has enough parking spaces to meet the building code, but not enough to be
r practical for the number of residents with cars.
Mr. McShane said the existing path is very nice and is well-used, but agreed there is a
need for parking downtown. He asked how the town decided to use this piece of property
as a parking lot. Mr. Sullivan said the Housing Authority requested additional parking in
1998, and the original idea was that this area could support many more spaces than
proposed. He said it seemed a shame to use the area entirely for parking because it would
disrupt the area too much; he worked with the Housing Authority to determine how many
spaces they could live with, and came up with 10. This avoids the destruction of mature
trees and maintains some of the natural area, and additional low-level shrubs will be
planted. Mr. McShane said he thought the most attractive part of this area is the part that
will be paved; Mr. Sullivan disagreed. ivfr. McShane said he would have liked to see a
landscaping plan and was concerned about the neighbors losing their buffer. Mr. Achille
said if landscaping is added on the right and the fence is removed, it could be dangerous
for neighborhood residents. Mr. McShane said he would not suggest removing the fence.
r
Mr. Sullivan said the landscaping and screening requirements don't apply to this project;
Mr. McShane agreed, but said the town should try to make its project as attractive as
possible, especially since it will become part of the bike path. Mr. Sullivan said he didn't
want to pursue plantings on the other side of the fence because even though that is town-
owned land, residents use it as their own. He said there are deciduous trees and
brambles, which make a nice barrier, and some additional evergreens could be added and
undergrowth removed. Mr. Sullivan said he doesn't believe there is enough room on the
parking lot side of the fence to add landscaping.
r
Mr. Cook suggested the neighbors be approached about additional plantings on the
residents' side of the fence. Mr. Sullivan agreed to speak with the neighbors.
Mr. McShane asked about the parking lot at Fairfield Park; Mr. Cook said that is town-
owned land. Mr. McShane asked about changing that lease to give the Housing
Authority more spaces on their side of the street, so the residents would not have to cross
Park Street. Mr. Burke explained when this issue came up, the question was where
parking could be added to accommodate the residents as close to home as possible. Mr.
Cook said he believed the Fairfield Park parking lot lease is a very long-term lease, so it
was unlikely to be changed. Mr. McShane said he is concerned about the amount of open
space being turned into parking areas, and asked if there had been any consideration of
options. He suggested looking into the Fairfield Park parking lot lease to see if there
could be a swap of spaces.
Mr. Dolan said he was pleased there are only 10 spaces, because when this was fIrst
discussed, the whole area was going to be paved.
Motion: To send the Building Inspector and the Board of Selectmen a positive
recommendation. (Achille-
r
Mr. Dolan amended the motion to include the planting of additional trees and with Mr.
Sullivan contacting the abutters about planting additional trees on the town-owned land
on their side of the fence. The board recommends checking the Fairfield Park parking
lease and the possibility of swapping some parking spaces with the Housing Authority.
-Cook) All in favor. PASSES
r............................................................... .......... ....................... .1
::~~::Xmm:~imf:};Yi1ri~!:A*lW~t:gi9mijimtiU9ij~::::::::::::l::::::::::::::::::::::::::::::::::::::::::::::~.::::::::
The Planning Board will be asked to make recommendations on several articles on the
Annual Town Meeting warrant.
The Capital Improvements budget taken to Town Meeting will be $530,100. The original
budget was $1.5 million, and over the course of the CIP meetings, it was lowered. The
Finance Committee has said they only want $250,000 spent at this town meeting, with the
rest in the spring. The requests have been prioritized into two more or less equal groups,
one for the spring town meeting, one for the fall. Presentation of the capital plan at town
meeting in this manner will be difficult; the funds must be appropriated now, but do not
have to be spent now.
Article 25 - Engineering (1&1 and Kingman Pond Dam Design) The board may be asked
for a recommendation because of the Kingman Pond Dam issue.
:Motion: To support Article 25 (Achille-Dolan) All in favor. PASSES
r
Article 26 - Kingman Pond Dam (same as Article 25; if it fails, 26 will be taken up)
Motion: To support Article 26 if Article 25 fails (Dolan-Achille) All in favor. PASSES
r
Article 27 - Essex Street land acquisition. Mr. Burke explained a Prop 2 ~ override
would be necessary to fund this article if the budget passes as proposed. He also said the
article contains flawed language; the dollar amount is not based on an appraisal.
Motion: Not to support Article 27 as printed (Cook-Dolan)
Mr. McShane said if it is just an issue of the language, the article could be amended at
Town Meeting. Mr. Burke said the land is adjacent to town-owned land.
All in favor. PASSES
Article 29 - Hampshire Road easements for the installation of sidewalks where they will
not fit within the right-of-way. Mr. McShane said he wouldn't support a request later on
for funding from the town for the construction of sidewalks in the industrial park.
Consensus was not to make a recommendation based on a lack of information.
Article 30 - Community Preservation Act. Mr. McShane asked where the town is now in
relation to the goals of the Master Plan. Mr. Burke said land acquisition has been good,
but affordable housing and historic preservation have not.
Motion: Not to support Article 30 (Dolan-Cook)
('
Mr. Dolan said he was uncomfortable with an additional tax and did not believe
this is necessary. Mr. Cook agreed. Mr. Burke explained this provides a revenue
stream currently not available, but is outside Proposition 2~. Mr. McShane said
he understands the concerns about additional taxes, but said the town is increasing
residents' tax burden at a far greater rate than the Commonwealth. He said he feels the
Community Preservation Act was originally a great idea, but has become
something completely different involving a Prop 2 ~ override, and is not a good
idea. However, he said the board spent a lot of time and effort on the Master
Plan, and six years later, no progress has been made on fair housing or historic
Preservation, which is a town issue, not a state issue.
Three in favor. French, McShane opposed. PASSES
Article 31 - To establish the Community Preservation Act Committee
Motion: Not to support Article 30 (Dolan-Cook)
Three in favor. French, McShane opposed. PASSES
Article 33 - Charter change - Two-Thirds Vote. Mr. Burke said zoning articles often
hinge on a two-thirds vote; however, this article seems to require a standing count on
every article. Motion: Not to support Article 33 (Cook- Motion Withdrawn
r
Article 35 - Warrant Article Lottery. The board was concerned about the section reading
"except financial articles" because most of the warrant is about the budget. Mr. McShane
suggested the board offer an amendment to remove that language. Mr. Dolan suggested
any motion to take an article out of order should be inappropriate. He also said the
lottery should be done well ahead of time so the warrant can be properly printed; the
article as presented makes it sound like the lottery takes place at Town Meeting. Mr.
McShane said most towns using lotteries do them at Town Meeting as a way to keep
r
people there. He suggested perhaps everything other than the municipal and school
budgets could be subject to the lottery. Mr. French agreed.
Mr. Achille said he would like to hear the Ad Hoc Town Meeting Committee's
explanation of the article as written before making a recommendation.
Motion: Not to support Article 35 as written (Achille-Cook) All in favor. PASSES
Motion: To support Article 35 if amended to read "except for financial articles that deal
with Article 1, establishing expenses of the municipal town departments as proposed by
the Town Manager and Article 2, the school budget, as proposed by the school
committee, and all other articles shall be subject to the lottery."
(McShane-Cook) All in favor. PASSES
Article 45 - Temporary Use Zoning Change
Motion: To support Article 45 as written (Dolan-Achille) Four in favor. Cook opposed.
PASSES
Motion: To support an amendment, if one is made, to make the Planning Board or
Zoning Board of Appeals the Special Permit Granting Authority
(Dolan-McShane) Three in favor. Cook opposed. Achille abstained. PASSES
r'
i
1':'N::~9tm4:~ti:W~~I~:::::.;:;:::::;:::::::;..:::::::::~::::::::::::::::::::::::::..::::::::..::::::::::::::::::::::::..:::::::::::::::::::::::::::::::::::::::::::I
Mr. Burke said he would post the Planning Board for the night of Town Meeting.
Mr. McShane asked whether it was time to start looking at the Master Plan. Mr. French
said he didn't think so; Mr. Dolan said perhaps there were some things that should be
looked at in terms of what the boards and committees are doing or not doing. Mr. Burke
said there is no state regulation requiring the Master Plan to be updated regularly.
Mr. McShane asked about getting in touch with the Chairman of the Ad Hoc Charter
Commission, Lou Andrews, to discuss their rationale was regarding the lottery issue.
Mr. Clemmey said he read an article about a requirement for Master Plans to be updated
regularly to be eligible for economic development grants. He said he thought it was time
to redo the Master Plan.
Irm:::@ij.iPijr~~t:::Ifr:r::I::f::::::::::::.:::.:r:::.:r::: ..::....... ..... . .:.:.:..:<:::::?:;:?:<:: u.u..::........... f::.:::::rr::::I::::::::1
Motion: To adjourn at 10:45 p.m. (Dolan-Achille) All in favor. PASSES
Date of next meeting:
&~/l'
Signature of Clerk
8, 2002 at 7 :30 p.m.
D &/Z"-. 'c/
ILl ~i 'i, J6DJ-
Date of ppro~al
r