HomeMy WebLinkAboutmin of planning brd 08/07/02
Planning Board Minutes
r August 7, :100:1
Tom French, Chair; Bernie Dolan, Clerk; Roger Achille, Ken Torman, Mark Cook,
Walter Jenkins, Tom McShane
Shaun P. Burke Director ofPlannin and Develo ment
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Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk
Torman-Cook All in favor. Passes
1. Minutes June 19,2002
Motion: To.approve the minutes as submitted
(Torman-Cook) Four in favor. PASSES
2. Minutes July 10,2002
Motion: To approve the minutes as submitted
(Torman-Cook) F.our in favor. PASSES
3. Fonn I Covenant - Woodland Park II
Motion: To accept the covenant (Cook-Torman) All in favor. PASSES
4. Request to set Surety Amount - Stan Feck - Woodland Park II / Memo from Mike
Ahem recommending the amount at $33,365. 78
Motion: To set the surety amount at $33,365.78
(Achille-Cook) All in favor. PASSES
5. Fonn J Release from Covenant - Woodland Park II
Motion: To accept the Form J Release (Cook- Tonnan) All in favor. PASSES
6. ZBA Decision - 23 Plantingfield Road - Granted
7. ZBA Decision - 45 Winter Street - Granted
8. ZBA Decision - 550 Fruit Street - Granted
9. ZBADecision -68 Patty's Road - Granted
10. ZBA Decision - 6 Black Pond Road - Granted
11. ZBA Decision - 22 Atwood Street - Granted
12. ZBA Decision - 421 Williams Street - Granted
13. ZBA Decision - 449 Bird Road - Granted
14. ZBA Decision - 566 Maple Street - Granted
15. July Building Permit Summary
16. Meeting Notices: Attleboro, Easton, Foxboro, North Attleboro, Norton, Sharon
17. Planning magazine
18. The Beacon
19. Access New England newsletter
Coral Street - Denmark Realty Trust. The plan has previously been endorsed by the
Planning Board, but was not recorded at the Registry of Deeds within six months. The
plan simply needs to be re-endorsed. In addition, the bearings have been changed at the
request of Land Court. Mr. Burke recommended the plan be endorsed.
Motion: To endorse the Form A (Achille-Cook) All in favor. PASSES
Mr. French and Mr. Jenkins arrived at this time.
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The clerk read the public hearing notice for the conversion of an approved 61 I-space
accessory parking lot to a commercial parking facility at 885 South Main Street.
(Assessor's Plat No. 16, Lots 7 and 8) in the Industrial 1 zone. Mr. French explained the
public hearing process.
Attorney Richard Novak, Day, Berry & Howard, LLP, representing the applicant,
explained the new 61 I-space parking lot, which is currently under construction. Mr.
Novak explained the proposal is to convert the lot into a fee parking lot; no physical
changes will.be made to the site from what was approved under site plan. There will be
no off-site impacts; the access will be through existing roadways. Mr. Novak said this lot
should help patrons to exit the site after a show. No additional buildings will be
constructed.
Board Comment
Mr. Achille asked about the application describing privileges for those using this parking
lot; Mr. Montgomery explained patrons using this lot will have preferential exiting
privileges.
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Mr. French asked how the money would be collected; Mr. Montgomery explained most
of the money would be collected at the time of the ticket sale; some patrons would pay a
parking attendant upon arrival. Parking is currently included in ticket sales. The Tweeter
Center will be required to get a commercial parking permit from the Board of Selectmen
each year for this lot.
Mr. McShane asked whether there would be queuing problem upon arrival; Mr.
Montgomery explained there are three full travel lanes; this lot will take cars out of the
lanes headed to the main parking areas. Mr. Montgomery said the existing backups are
due to cars waiting to. be. parked, and he expects this lot will help that situation. He said
during the parking process, cars are traveling so slowly that a patron deciding to turn into
the premium parking lot will not slow down the traffic. He explained this option would
be advertised and he hopes to sell the parking tickets in advance. Mr. Montgomery said
this lot also provides an additional access for emergency vehicles. Mr. McShane asked
how the special permit criteria are being met by this application, saying the board has to
find the benefits ofthe change outweigh the detriments. Mr. Novak said he believes
having the operation work more smoothly and making customers happy with an easier
exit option is a benefit.
Department Head Comments
The clerk read comments from Mr. Lewis, Lt. Towne, Mr. Sullivan and Mr. Burke.
Public Comment
George Dentino, Gladiola Terrace, asked if the lot willhav~a different ticket than the
r rest of the patrons. Mr. Montgomery said they may sell a parking ticket in advance for
access to the lot. Mr. Dentino said he did not agree the parking lot will have little or no
r impact, saying it will effect the flow of traffic when cars cross lanes to access this lot. He
said the other parking areas aren't really free because drivers without tickets cannot park
at the Tweeter Center. Mr. Montgomery said that isn't true and that driv~s without
concert tickets park there all the time. Mr. Dentino said he thought the entire parking lot
should be either commercial or not.
Board Comment
Mr. Achille asked if a pre-existingcondition would be created which.could expand to the
rest of the lot if this permit were granted. Mr. Burke explained if the special permit is
granted, this plan and the number of spaces should be referenced specifically and the
permit should be non-transferrable within the site.
Mr. McShane said when this plan was originally submitted for site plan review, the
Building Insepctor determined it required a special permit; however the ZBA decided it
did not. The Planning Board agreed with the Building Inspector, and Mr. McShane was
concerned Tweeter could continue to use this precedent to acquire additional property f.or
parking. He asked if they could come back with newly purchased land to add to the
commercial lot; Mr. Burke said they probably could because of the ZBA's decision that
adding additional land to the locus becomes grandfathered. However, he said this going
from a free parking lot to a commercial lot doesn't makethatconcemany w.orse; if they
buy additional land and want to add to the commercial lot, they would have to come back
to the board for a special permit. He added that this could have been a commercial
r parking lot in the first place, regardless of the owner.
Motion: To grant the special permit. The lot has already been built and changing it to a
commercial lot will not be a detriment; the patrons who park there will already have
tickets so it should not effect traffic, and the applicant will still be required to get a
commercial parking license from the Board of Selectmen each year. In addition, the
town will be receiving an additional commercial parking license fee of almost $4,000
each year. The plans dated March 21,2002 and revised March 27,2002, April 9, 2002,
May 8, 2002 and June 6, 2002, showing 611 spaces should be made part of the special
permit by reference, with commercial parking limited to the 611 parking spaces shown.on
the plan.
(Dolan-Cook)
Mr. McShane said he agreed there are no physical changes to the lot but was concerned
about the first in, last out parking pattern. He said he did not know what the impact of
those 611 cars turning into this lot would be, but thought there would definitely be an
impact. He said he thinks the board has to determine the benefits outweigh the
detriments, and he does not believe the additional revenue to the town is a benefit.
Mr. Dolan asked about the detriments. Mr. McShane said he thought there would be
more traffic problems. Mr. Dolan said whether the lot is paid or not will not change the
traffic, since the 611 spaces already exist.
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Mr. Achille asked what percentage the 611 spaces are in relation to the whole parking lot;
r Mr. Montgomery said it is approximately 10 percent. He said they may charge $20 per
car, with about 40 events per season. At that, Mr. McShane said he did not feel that was
enough of a benefit.
Mr. Jenkins said the land associated with this is assessed differently and therefore may be
worth more.
Torman - Opposed. I do not believe the benefits outweigh the detriments and I think
there will be problems with that many cars entering a special lot.
Cook - In favor. I believe the benefits outweigh the detriments.
Jenkins - In favor. I think Tweeter has been a good neighbor, think the community will
benefit from Tweeter's success. I think there are more benefits than detriments.
McShane - Opposed. I think the place for Tweeter to demonstrate the benefit to the
community is through the special permit process; the applicant has not shown any benefit
that will outweigh the detriment of the additional queuing.
Dolan - In favor. I think the benefits outweigh the detriments.
Achille - Opposed. I don't see any benefit, don't think the impact of the parking lot has
r been looked at carefully, and the town would not see significant additional revenue.
Mr. French explained that because this is a special permit, the applicant needed five
affirmative votes; therefore the motion fails.
Three in favor. Three Opposed Fails
Motion: To close public hearing (Dolan-Tonnan) All in favor. PASSES
The chair re-opened the public hearing for the construction of a 12,000 square foot
gymnastics academy, office, parking, utilities and drainage on an approximately 45,117
square foot parcel in the 1-2 zone. A special permit is required because the site also falls
within the Surface and Groundwater Resource Protection District.
Mr. Trowbridge explained there had been a question about the 75-foot setback from the
residential use; the building has been shifted and its size has been reduced, resulting in a
76-foot setback. There had also been a concern about some flooding; a swale has been
added and a contour changed to prevent that. A note has been added to the plan
regarding the roof drains connecting to the drainage system.
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The clerk read a letter from Mr. Trowbridge to the board describing the above changes.
Mr. Dolan read a letter from Mr. Cook to Mr. Trowbridge regarding parking
requirements for a gymnasium or gym; Mr. Cook said without bleachers, one space for
each staff person and one space for each four students will be required. The building will
also have to be inspected annually, and should bleachers be installed, additional parking
will be required. Mr. Trowbridge said one of the issues raised at the last meeting was the
academy's annual recital; Mr. Arnold will try to use parking at National Lumber or will
rent a high school for these events.
The clerk read memos from Mr. Lewis and Mr. D' Ambra.
Public Comment
Attorney Mark Antine, Roster and Antine, representing abutter Louis Certuse, said Mr.
Certuse is satisfied with the plan as revised, the swale satisfies his concerns about
drainage, and appreciates the building being moved and made smaller. Mr. Antine said
he understands from Mr. Cook's letter that with only 14 parking spaces, the activities that
can take place there will be limited. Mr. Trowbridge explained 14 spaces are required,
but 29 have been provided.
David Ashworth, Rumford Avenue, asked about the number of staff. Mr. Trowbridge
said the maximum staff would be five, with 35 students.
Board Comment
r Mr. Jenkins said the reason this is in front of the board is because it is in the Water
Resource Protection District and asked if everyone was satisfied with the calculations.
The staff comments and the abutter seem to be satisfied with drainage issues.
Motion: To grant the special permit. The application and plans meet the submission and
technical requirements of the by-law. The benefits outweigh the detriments, particularly
with the expansion of the business.
(Achille-Dolan)
Torman - In favor. The benefits outweigh the detriments, and a service to the
community will be offered.
Cook - In favor. I do not believe the use will harm the groundwater
Jenkins - In favor. This is a good use for this environmentally sensitive site
McShane - Abstain.
Dolan -In favor. This is a good site for this use.
Achille - In favor. The application and plans meet the submission and technical
requirements of the by-law. The benefits outweigh the detriments, particularly with the
r expansion of the business.
( French - In favor. Think meets criteria for special pennit in this district
Six in favor. One abstention. PASSES
Motion: To close the public hearing (Dolan-Cook) All in favor. PASSES
Mr. Dolan asked about the board's work list~ Mr. Burke explained a public hearing for
amendments to the Subdivision Rules and Regulations have been scheduled for
September 18, so those items can be discussed that night.
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Dr. Torman asked about the status of the sidewalk fund; Mr. Burke explained this year's
road bond money has been spent. Mr. Cook said the Town Manager plans to put through
a $5 million road bond in 2003, a portion of which will be for sidewalks. Dr. Torman
said he is concerned about the state of many of the town's sidewalks. Mr. Cook said the
next sidewalk to be installed will likely be on Dean Street. Mr. Burke explained that in
the past when a developer requested a sidewalk waiver, a donation to the sidewalk fund
was discussed. He suggested the board could send a letter to the Board of Selectmen
expressing concern about the state of the sidewalks and asking them to include more
money in the capital fund or to consider another borrowing or road bond. Dr. Torman
suggested going back to asking developers requesting sidewalk waivers donate to the
sidewalk fund. Mr. Dolan agreed, saying in the past, most developers have agreed to
that. Mr. McShane said that changed because the board began to discuss whether it
should be granting the waivers at all or simply change the by-law, and settled on an
unwritten policy not to grant sidewalk waivers because of several difficulties in large
subdivisions. He also said the board does not know how much is in the sidewalk fund.
Mr. Dolan said that money has to used specifically for sidewalks, so there must be some
money in there. Mr. Cook said donations from developers will never come close to
paying to repair existing sidewalks; there would have to be Selectmen and Town Meeting
support for funding. Mr. McShane said the board's concerns could be raised to the
Selectmen from a public safety, pedestrian access and aesthetic point of view,
acknowledging budget pressures, but suggesting some creativity like an "adopt a
sidewalk" program or finding a way to fold sidewalks into ongoing projects. Mr. Burke
said he would draft a letter to the Selectmen.
Karl Clemmey asked about his letter requesting a modification to the Erin's Centre
special permit, which includes the relocation of a swale. Mr. Sullivan received the
request but has not submitted his comments.
Mr. McShane asked about the status of the Erin's Centre project. Mr. Clemmey said he
was planning to bring an application for another project before the Planning Board soon.
Mr. Dolan asked if Mr. Clemmey if the project is going forward. Mr. Clemmey said it is.
Mr. Dolan asked if Mr. Clemmey had any idea about a ground-breaking for the project;
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Mr. Clemmey said the project is right on schedule. Mr. Dolan asked if the other project
(" would hold up the Erin's Centre project; Mr. Clemmey said it would not.
Mr. McShane asked about the change to the state 40B statute. Mr. Burke explained that
change would likely not effect Mansfield. He asked the members to let him know about
any comments they may have on the draft local by-law. The Zoning Board of Appeals
has not provided comments on that draft at this time.
Motion: To adjourn at 9:30 p.m. (Torman-Jenkins) All in favor. PASSES
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