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Home My WebLink Aboutmin of planning brd 06/19/02 r r r ;''If." ('Ii:". tIrED ;\:[:1.,,:1 V , (' ('''''F Ir"'- 'J ,) " .' t Planning Board Minutes June 19,2002 O? AUh - 8 PM 2: l ! Tom French, Chair; Bernie Dolan, Clerk; Roger Achille, Ken Torman, Mark Cook,"" - I ~ Walter Jenkins 'i' ..... ": .. "'LD ~ i i.\;;1 r 1 i:. ' .S~a~nP'I31lfk.~, l)ir~cto~ ()fI>I~. .an~ peyel() .D:l~t..............................................."""" tll~$S(\ C;) USE T T S jjl.~jjj~~ijgji~,,~:@J~rit.~r:iMt~19::P.i.m~I:":::::I::::::j::"::::::::::::::::::::::::::::~::::r::::::::::::::t:::::I~:::IIIr~t~~~~~~ 1~~;j~~:W1~'::ffi:i;r::8lli-~@~mG~rtt:~~0ti;:0Jlj~::~~:~B:rtBtl':::ffi;tt~]:~~I~:mII 1. June 5, 2002 Nfinutes [Mr. Dolan and Mr. French anived at this time] Motion: To approve as submitted (Torman-Cook) Four in favor. Achille abstained. PASSES Mr. French asked if the Light Department had clarified the issue about whether they are exempt from zoning. Mr. Burke explained they would be only if the Department of Telecommunication and Energy exempts them. The Light Department will not be seeking this exemption. 2. Special Permit Decision to be signed - Folkman & Zola -9 Pratt Street Motion: To sign the special permit as drafted (Dolan-Achille) Four in favor. Cook abstained. PASSES 1:;~~[[zlA~~$jiji@~4i~Q~W!@r~Mf;f:ij)W4~m~j.~~"~mr.mt~~iji~~:::ir:~r~r:~[;I::r~rl 4. ZBA Decision - 7 Mill Street - Granted (positive recommendation) 5. ZBA Decision - 8 Eddy Street - Denied (positive recommendation) 6. ZBA Decision - 351 Balcom Street - Granted (positive recommendation) 7. Meeting Notices: Easton, Foxboro, North Attleboro, SRPEDD Commission 8. Grant Alert - DHCD - Housing Development Support Program 9. SRPEDD 2002 Annual Report 10. Planning magazine 11. ZBA application for Special Permit and Variance - Andrew Hoy - Town of Mansfield Highway Garage sign - to replace existing sign with illuminated sign larger than allowed in the Rl zone. The Planning Board fOlwarded a positive recommendation on the original variance, which was withdrawn after the Zoning Board of Appeals hearing. Mr. Burke suggested sending positive recommendations on both the special permit and variance. Motion: To send the ZBA positive recommendations on both applications (Achille- Torman) All in favor. PASSES 12. ZBA application for Finding - 515 Maple Street - Gregory Zacharakis - construction of a 3-season room on top of a pre-existing, non-conforming deck. One corner of the porch is 30 feet from the lot line where 40 feet is required. Motion: To send the ZBA a positive recommendation because of the odd shape of the lot, the existing deck, and the construction of a three-season room will not created any additional non-conformity (Achille-Dolan) Mr. Burke said there was no indication of how the non-conforming deck was constructed in the fIrst place; he said if there is no building permit for the deck, it has no grandfathering protection. He said the applicant may need a variance rather than a finding if they cannot demonstrate the deck is legal. Mr. French suggested bringing ( this issue to the ZBA's attention. Motion amended to include this in the recommendation. All in favor. PASSES 13. ZBA application for Finding - 421 Williams Street - Laura & John Elliott - to enclose a pre-existing, non-conforming breezeway. Motion: To send the ZBA a positive recommendation (Dolan-Cook) All in favor. PASSES 14. ZBA application for Variance - 22 Atwood Street - Paul Foley - to raze existing dwelling and replace with a 25x44 dwelling on a 5,000 square foot lot. Mr. Burke said he didn't believe it was a good idea to knock down a house on a lot this small and replace it with a significantly larger one. The open space requirement in this zone is 50%; this plan appears to meet that. The application does not indicate the proposed number of stories the structure has, nor does it show the abutting houses. Dr. Torman said no hardship has been demonstrated. Motion: To send the ZBA no recommendation due to a lack of information (Achille-Jenkins) Five in favor. French opposed. PASSES 15. ZBA application for Variance - 449 Bird Road - John & Theresa Golden - to construct a 2-car garage and breezeway addition resulting in a 17 foot sideyard setback abutting the Montaup Electric easement over town-owned land, not a residential use. Mr. Burke suggested a negative recommendation. The clerk read a letter from an abutter saying they do not object. Motion: To send the ZBA a negative recommendation (Dolan-Cook) Four in favor. r French, Jenkins opposed. PASSES 16. ZBA application for Variance - 566 Maple Street - Nicholas Carafa - to expand a 2- car garage under to a 3-car garage with living space over, resulting in a 22.4 foot sideyard setback abutting Jennifer Drive. Mr. Burke explained a 40-foot sideyard setback is required and suggested a negative recommendation due to a lack of demonstrated hardship. Motion: To send the ZBA a negative recommendation due to lack of demonstrated hardship (Torman-Dolan) Five in favor. Jenkins abstained. PASSES 1~~~~[[[ttQriiW~"(~)[W~~[~:[r~~rmr~~~:~[[~[[[I~r[[:~~:~~~~r:[I:[~[~~[::~:t~~[[[[[~~:[~~~n[~~I~~[~~~~~~~~~[~~:Ir[~~[~~~I~~j~r~~~:::I~~~rrl 1::~::::g~,p.m~l*ij,~m#p~Mmij:+~J:$irii,ff::~::I~:!:I::::f:m::::f:::::::rm:::::::m::::I::::::ff:!:1 Attorney John Riordan introduced Bob Dighton, engineer. Mr. Riordan said he had spoken with Mr. Burke about the project and presented a "study plan" to determine the board's possible position on a waiver for the length of a dead end street. The site is located on a 17 -acre parcel on Mill Street and is adjacent to a 5-acre parcel owned by Ed Jameson. Mr. French explained that since the board has not seen this plan before, tonight's discussion does not obligate it to anything when a defmitive plan is submitted. Mr. Riordan said he understood that. r Mr. Riordan showed the board a plan with 9 lots and a cul-de-sac roadway. Mr. French explained the board would consider waivers in light of whether it is in the best interest of r the town. Mr. Burke said the roadway length requirement is for dead end roads no longer than 650 feet. [Mr. Jenkins arrived at this time.] Mr. Cook asked about the intersection offset requirements; Mr. Burke said 150 feet is required between streets across from one another. Ed Jameson said he thought there would be more than 150 feet between Jameson Court and the new street. A second emergency access is proposed as mitigation for the one-way in/one way out roadway. Mr. Cook said the existing water service is too small, and that Mill Street is scheduled to be paved in July, after which there would be a a five-year moratorium for cutting the road. Mr. Riordan said there are some wetlands and perhaps a vernal pool on the site. j~::{$~:gijjmff..~gj,t.ll~~8i:i"ijg:::::~~i'*;(~tYmij~g~*~'mY:H:f:l~~~;:~{t:;:::;: :~~:I:~~~~ri$tt~::I.:::::t~::::I:t:r::~:mrt::r:w::~:::::m:::r::~::::~::::1mr:::::::t:::::1:m~~~::::t:jI:W:::::::t::::::1t~:r::Irt~t~:::~:t:::tt The clerk read a letter from the applicant's engineer requesting the public hearing be continued and agreeing to renotify the abutters. Motion: To continue the public hearing to July 10, 2002 at 9:00 p.m. (Achille-Jenkins) All in favor. PASSES r lii~:n:~iE~~ti~i~~ij~M#~:~~:iliiMrnu~Itf:ij~trr~:tiIt:ii::ti:ii::iI:'if:i{i{IHI Due to significant revisions made to this site plan following the original staff comments, the Building Inspector has decided it requires another staff review, which will be held Monday, June 24, 2002. Motion: To reschedule the site plan review for 905 South Main Street to July 10, 2002 at 8:45 p.m. (Achille-Cook) All in favor. PASSES - ... ..-.........-...........................................q..........-.... ............-.....-................................ .......................................................-.. ....1.............S................~....I....B....................it......p........b....U..........ue.................~...................Z...~......z...'......N.........tt.............Mam...........".........st......nret........................S...~.......U....mt.....".. ...A...........att........................................... .. ..... .......-... .......... ......... .......-.......... ... .. 'HO' .. . ..-..... ....... ...... -.... ...-... ......... ..........t..... i::::~.:::::.;~m:.:..:"m..;:..;,...:..f:~.:..:..."gmJ:#:~...::.;;:.:...:::.::~.:.....::...:..........;.::.:...:..:::.::7~.:.:qt::.:::..::.;:.:.:,..::.:.:~,.:~~:: ~:::~::::~!wm~i~:t~M#r9t€f~!jW;::r~:I:r::~~~::n:::r;:~r:::~:~:::~nI:~~::t:nI~:r::::::Ir:~rn:::r::I:r:~:::~n::~:~:r:~::~:~[I:: The clerk read the public hearing notice for a six-unit apartment building at 24-26 North Main Street. Mr. Jenkins said he would abstain from the public hearing because he is a trustee of the church across the street and stepped down. Dr. Torman said he is a neighbor of the applicant, but his property does not abut the proposal site, nor does he have any business dealings with the applicant. Mr. French explained the way the public hearing would be run. He explained because this is a special permit, five affIrmative votes are necessary, and advised the applicant he could ask for a straw vote at the end of the discussion. Mr. Cragnale said he understood and would like to go ahead tonight. .~ Bob Rego, Prime Engineering, explained the site at the intersection of North Main and Fulton Streets with an existing 2-story, 4-unit apartment building and a one-story commerical building. The proposal is for a single three-story building with six one- (' bedroom units. A variance has been granted for a reduction in parking spaces and an increase in the maximum FAR. The buildings are currently vacant. There are also structural concerns with the existing buildings, which is why they will be demolished and a new building constructed. ~. Rego presented an impact report on the project. ~. Cragnale showed the board proposed elevations. He said the building will be vinyl sided and have columns. He said he felt this proposal would be an improvement over the existing conditions; he considered doing retail on the first floor, but that will not work fmancially. Mr. Rego said the drainage sheet flows off the site to Fulton Street. The perimeter of the parking area has a berm and a leaching catch basin to collect the runoff; roof runoff will infIltrate directly into a leaching catch basin. He has added as much decorative vegetation as the size of the site allows. He said the traffic would be similar to the existing conditions. Department Head Comments The clerk read a memo from Officer Lawson; Mr. Rego said they would install a stop sign and a one-way sign at the new exit. r Mr. Dolan read a memo from Mr. Gaffney; Mr. Rego will prepare an impact report pending information from the Water Department. He has added a note indicating each unit will have a separate water meter, and a note saying the water service must be replaced, and a new proposed 6-inch line from the main to the building. Mr. Dolan read a memo from Mr. Field. Mr. Rego said rather than a dumpster, the applicant would like to have six 50-gallon trash barrels, which will be collected privately. He has spoken with Mr. Azinheira, who said there are no requirements for the containers. Mr. Dolan said he would like to see proof of a trash-removal contract. NIr. Rego said he used more conservative figures in the drainage calculations, and submitted an Operations and Maintenance Plan. Mr. Dolan read a memo from Mr. D' Arobra. A service request form has not been ftlled out; the original two services have been removed. Mr. Cragnale said the buildings will be demolished, so new services will be applied for. Mr. Dolan read a memo from Lt. Towne. Mr. Rego said there are fire hydrants on North Main and Fulton Street within 100 feet of the site. Public Comment Mr. Dolan read a letter from Mr. Robert Sheehan in opposition to the plan. Mr. Rego submitted copies of the revised plan. r (' Jay Barrows, 370 Pratt Street, chair of board of trustees of the Congregational Church, a direct abutter to this site, said he was concerned about whether the parking would be enough, and about residents parking in the church lot. He asked about snow removal. l\.1r. Cragnale said parking is mostly on street now, so this would be an improvement. Mr. Rego explained these are going to be I-bedroom units with 11 spaces and he does not believe day-to-day use will require overflow parking. Mr. Cragnale offered to install a sign saying "no overnight parking" or "no church parking"; he said he could also have that written into the leases. If there are no handicapped residents, the handicapped space can be used. Mr. Dolan said he understood Mr. Barrows' point, but said it looks like the parking will be improved under this plan. Mr. Cook asked if parking comes under the board's discretion after a variance has been granted. Mr. Burke said there are two issues; numerical compliance to the zoning by-law (relief was granted under the variance), and adequacy of parking, which the board can determine. There are currently four parking spaces, so the proposed parking will significantly increase the number. Mr. Rego suggested assigning parking spaces to each unit and adding clauses to the leases forbidding guests from parking overnight. Mr. Cragnale agreed. r Board Comment Mr. Dolan asked about landscaping; Mr. Rego said the site is very small and they have added as much as they could. There is a fence around two sides of the site with grass on the abutting properties. Mr. Achille asked about the units; Mr. Cragnale said there are currently three I-bedrooms and one 2-bedroom, with an office in the back. Mr. Burke said he thought the parking would be manageable; he said with the improved parking lot, there is a lot more chance of non-residents parking in this lot. He said assigned parking and lease clauses should be incorporated into the special permit. He suggested granting the special permit with the conditions regarding parking. Mr. French asked about the plans for the trash barrels; he asked if the applicant would be willing to install a solid 5-foot fence around the barrels. Mr. Cragnale said he would be. Mr. French said it appears this will be an improvement over the current situation, and is an investment in downtown. Mr. Barrows asked if this sort of development would discourage future commercial development. The board did not believe it would, since business is a by-right use in this zone. r Motion: To approve the special permit with the following conditions: 1. All department head comments shall be fully and satisfactorily addressed; 2. Signage shall be installed indicating parking is for residents only; 17. A signed contract with a trash pick up company shall be submitted; r 18. A fence shall be installed around the trash barrels; 19. Parking spaces shall be numbered and assigned in the apartments' leases (Dolan-Cook) Torman - In favor. As a downtown businessman, I believe this is a positive project for the area. Cook - In favor. The project's benefits outweigh the detriments. Dolan - In favor. This will be good for the downtown area and I don't see any detriments. Achille - In favor. The benefits outweigh the detriments; the parking will be improved and the project will maintain residential occupancy downtown. French - In favor. This is a positive project that conforms to the requirements of the zoning by-law, is an investment in downtown and is consistent with the Master Plan to bring residential uses to the downtown area. All in favor. PASSES Motion: To close the public hearing (Cook-Dolan) All in favor. PASSES r Ij~.~~.j~.~;i.~j~tmjWiM,j....~....j.j~.t...~...~~~~..@~.~~~..@~.~.~.~.~~~~~.~.~......~.~.~.~..~......~~.~.~.~:~.~..~~.:~.~.~.~.~'l~~:~j~~.j.~.~.jj~~~.j~.jj~~~~...~..~~~.jj..j...~jj~j~~.:@~..~j~.~.~.~..~.~.~~j~~....~.~.~.~I [Mr. Jenkins returned to the table at this time.] Mr. Barrows, representing the Downtown Business Association, asked to schedule a discussion about traffic downtown. He mentioned signage, new parking areas, trucking, and one-way streets. He is concerned the area is becoming less and less pedestrian friendly. Mr. Burke agreed traffic is a big issue, and reminded the board Mr. D' Agostino has sent a letter to SRPEDD asking for assistance. He said having a group discussion was a good place to start. Mr. Achille said representatives from the Selectmen and Police Department would have to be involved from the beginning of any discussion like this. Mr. French suggested getting a good map identifying places and a list and photographs of existing problems prior to this meeting. Dr. Torman asked about the board's recourse for applicants who continue to request continuances. Mr. Burke explained that one of the reasons applicants don't come in if they aren't prepared is because the board was so unhappy when incomplete plans were being submitted. Some applicants use the time between meetings constructively to address staff comments and revise the plans, but some do not, and still submit the revisions the day of the meeting. He said he would rather continue hearings until the plans are ready than have unprepared applicants waste the board's time. Dr. Torman asked if Mr. Clemmey had received a parking lot expansion permit for his /"-' land on South Main Street. Mr. French said he had, but no landscaping was added. Dr. Torman said it appears there have been several hundred spaces added to that lot, and it r appears trailers are being stored there; he asked if a new permit was issued. Mr. Burke said that issue is under discussion, but the use is being called storage rather than parking; he suggested the Selectmen's parking license regulations and the zoning by-law may be tightened. Mr. Jenkins asked for an update on the work being done on the former Great Waves site. Mr. Burke said the state has said the Order of Conditions runs with the land, so they have a right to work in the wetlands in accordance with the order. The town has requested an opinion from special counse~ who agreed. Mr. Jenkins asked about the work going on at 905 South Main Street; Mr. Burke explained they also have an Order of Conditions for wetland work. There is also work going on behind that site on the new Tweeter Center parking lot. Mr. Burke added Tweeter has inquired about changing that parking lot a commercial lot. Mr. French said he attended the Chairman's Meeting and updated the Selectmen on the board's projects. He was asked about updating the Master Plan; he said the board has discussed it, but does not plan to update it at this time. A suggestion was made that any update focus on traffic. Mr. Amoruso asked the board to look at the Golden Triangle to consider whether it should be rezoned to PBD. Mr. Jenkins said he agreed with Mr. Barrows' concern about the increasing number of r residential uses downtown having an impact on the future uses of properties. He said the highest and best use of each parcel is what will occur, and there seems to be quite a bit of support right now for residential uses. 1::?::~:A4J9ij!ij~'t:::::~::~:mm::::I:rrr::~:::::~::Irrrrmr:::~~r::::I:::::::~::::Ir:::::::~::::::~~rm:::::::~:~::::m:::r~rrr::::r:::r::1 Motion: To adjourn at 11 p.m. (Torman-Cook) All in favor. PASSES 11 Date of! xt 9/7/0)- Date of ApProval r