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HomeMy WebLinkAboutmin of planning brd 09/04/02 r~F i' r- ~ \1 ~.:- 0 i. -..,..t.1 . L Planning Board Minutes r"" c; n F FIe E r Tom French, Chair; Bernie Dolan, ~:t':'; '\~:e, Ken Torman, W d,gk, AM /I: 32 Walter Jenkins, Tom McShane Shaun P. Burke, Director ofPlannin and Develo ment r Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk Torman-Cook All in favor. Passes 1. Minutes August 7,2002 Motion: To approve as submitted (Tonnan-Cook) All in favor. PASSES 2. ZBA Application for Finding - 15 Columbine Road The application is for the addition of an enclosed deck, which will not increase the existing front yard non-conformity. Motion: To send the ZBA a positive recommendation (Achille-Jenkins) All in favor. PASSES 3. Special Permit to be signed - Tweeter Center Commerical Parking Lot - 885 South Main Street (Denied) Motion: To sign the special permit denial for 885 South Main Street (Torman-Jenkins) All in favor. PASSES 4. Special Permit to be signed - Arnold's Gymnastics Academy - Oakland Street Motion: To sign the Arnold's Gymnastics Academy Special Permit (Achille-Torman) All in favor. PASSES 5. Request to modify Erin's Centre Special Permit The clerk read a letter from Appledore Engineering requesting to modify the Erin's Centre Special Permit by the addition of a guardrail and chain link fence along the rear parking area of Home Depot, and the relocation of the drainage swale along the Norfolk Street side of the parcel. Also attached are memos from Mr. Sullivan, indicating the changes are minor in nature and recommending Planning Board approval. and from Mr. Burke, concurring with Mr. Sullivan and suggesting a motion. Motion: In response to the August 5,2002 request by Appledore Engineering on behalf of Karl Clemmey and the Home Depot, the Planning Board will allow, but not mandate, that these changes (the addition of a guardrail and chain link fence along the rear parking area of Home Depot and the relocation of the drainage swale along the Norfolk Street side of the parcel) be made as a field modification to the Erin's Centre Special Permit. (Achille-Jenkins) Four in favor. Cook abstained. PASSES [Mr. McShane arrived at this time.] 6. Meeting Notices: Attleboro, Easton, Foxboro, Norton, North Attleboro, Canoe River Aquifer Committee 7. August Building Permit Summary 8. SRPEDD Regional Review 9. Mass Interchange newsletter r 10. Planning magazine r 11. New England Planning newsletter Due to a procedural defect (the abutters were not notified) this public hearing will be readvertised, the applicant will notify the abutters by certified mail, and the hearing will be rescheduled for October 2, 2002 at 8:30 p.m. Due to a procedural defect (the abutters were not notified) this public hearing will be readvertised, the applicant will notify the abutters by certified mail, and the hearing will be rescheduled for October 2, 2002 at 8:00 p.m. [Mr. Cook left the meeting at this time.] r Mr. Burke explained the original submission was for "trailer parking" and said this application would not effect the area of this site previously approved for automobile parking. Mr. Clemmey said he has spoken with Mr. Cook several times, who said he believed parking is an allowed use. Mr. Burke said he disagreed with Mr. Cook's interpretation of the by-law, and had asked Mr. Cook to clarify his opinion of the original plan, which was labeled "parking." Mr. Cook requested an opinion from Mr. Mangiaratti, which was received in the Planning Department at approximately 7:15 p.m. today. This opinion indicates Mr. Mangiaratti does not believe the use to be an allowed one under the Zoning By-Law. Mr. Clemmey presented a letter from Mr. Cook dated June, 2002 indicating he believes this is an allowed use which requires site plan review. [Mr. French arrived at this time] Mr. Burke asked Mr. Clemmey if he would like to go forward with this review or wait until he has spoken with Mr. Cook about Mr. Mangiaratti's opinion. Mr. Clemmey said he did not believe Mr. Mangiaratti's opinion would have any impact on the site plan review and would like to go forward. Mr. Clemmey submitted a June 18, 2002 letter from Attorney Jeffrey Angley to Mr. Cook regarding a June 11, 2002 meeting between Mr. Angley, Mr. Cook and Mr. Riccio. Mr. Dolan asked if the trailers to be stored would be for sale, and if they were being sold off the site where they are currently located, on West Street. Mr. Dan Clemmey said trailers are currently being sold off the West Street site. Mr. Dolan said he was concerned that trailers had been parked on this site prior to the beginning of the concert season without any permits. He said he agreed with Mr. Mangiaratti that when trailers are dropped on site, they are no longer vehicles. Mr. Mangiaratti's opinion says this would be an allowed use ifit were a business where (" buyers went to the site to view and purchase trailers. r Mr. Burke said he had hoped to avoid the zoning discussion entirely with the opinion from town counsel. He asked the board if it wanted to go forward with the zoning discussion or simply address the site plan issues. Dr. Torman said the question is whether this is parking or storage, and until that is resolved, he does not believe the board should discuss the plan at all. Mr. French agreed that the board cannot make a determination on the zoning issue because that is the Building Inspector's decision; Mr. McShane asked whether the board wanted to give the Building Inspector its opinion. He added that site plan review is nothing but the board's opinion, and Mr. Cook is not required to take the recommendation. Mr. McShane said he remembered the board discussing this issue previously and asked if an opinion was ever rendered. Mr. Burke said this is the first time town counsel has put anything in writing, and said the board had discussed the issue a number of times, but he does not believe consensus was ever reached. He noted that many years ago, the applicant for a similar use on the former Owens Illinois site was required to get a variance for the storage of trailers on that site. Mr. French said the board's recommendation could include an opinion about whether the use is allowed or not, which Mr. Cook is not obligated to take. Dr. Torman said the board has an opinion from town counsel, but the Building Inspector has to make the final decision; he is not obligated to take Mr. Mangiaratti' s opinion, either. r Mr. Jenkins asked about the TIP Trailer Company mentioned in Mr. Angley's letter; Mr. Clemmey explained that is the client he works with, which buys and sells the trailers. Mr. Clemmey read a letter from Mr. Cook in 1994 indicating trailer storage is an allowed use. Mr. Burke asked if the 1994 letter was site specific to the South Main Street site; Mr. Clemmey said it referenced 390 West Street, which is also in the II zone. Mr. Clemmey said he did not believe he needed site plan review, but was told to do so by Mr. Cook; he has met with Mr. Sullivan a number of times and would like to go forward. Mr. Jenkins said he would be more comfortable with definitive direction from the Building Inspector about whether this is an allowed use. Mr. Clemmey said he has spent a lot of time on this, and he would like to go through the site plan review. Mr. Jenkins said he would be concerned during discussions if there is an outstanding question about the use; he asked if the application would have been accepted at all if it was not an allowed use. Mr. Burke said the town clerk is obligated to accept all applications, whether they conform or not; if the application did not conform, it could have been refused by the Building Inspector's office. Mr. Achille said the board would have to presume this is an allowed use for the purposes of any discussion it conducts. Mr. Burke said Motorola had received variances for its (' towers from the ZBA, which the Planning Board appealed~ however, the board went r through the review even though it didn't agree with the ZBA. Mr. Burke said the board could go through the review, looking at the typical site plan issues, and make a recommendation to the Building Inspector on both the plan and whether it believes the use is allowed. Mr. Dolan said he did not have a problem going forward. Mr. McShane said it would be silly to go through an entire site plan review and offer an opinion on the plan, but avoid providing an opinion on the zoning issue. Motion: To table the issue until the Building Inspector rules on whether this is an allowed use (McShane- No Second Mr. French said he thought the board should hear the site plan. The application was accepted by both the Town Clerk and the Building Inspector, and has gone through staff review, so it should go forward. Motion: To proceed with the site plan review (Jenkins-Achille) Five in favor. McShane abstained. PASSES r Mr. Maloon presented the plan. Mr. Dolan said he was concerned about trailers being allowed to park on the previously approved parking lot portion of the site, and this plan seems to include the entire site, includig the existing parking lot. Mr. Burke said the board could specify this site plan review is for the unpaved portion of the site, and does not apply to the existing paved surface. Mr. Burke said multiple uses are allowed on one site (ie: the Hulquist site). Mr. McShane asked if there are any buffers required between the uses; Mr. Burke said there are not. Mr. Maloon explained the applicant has no intention to park trailers on the existing paved portion of this site. Motion: That this site plan review is being done only on Area 2, the area of the proposed trailer storage facility, and not Area 1, the existing paved parking area fronting directly on South Main Street (Achille-Dolan) All in favor. PASSES Mr. Maloon explained the existing lighting, which goes all the way to the back of the site, and the grading. There are existing swales around the proposed new area which take water away from the site. The soil types are shown on the plan. The grades shown are both existing and proposed; the site is graded and will not be graded further. Mr. McShane asked if the topography goes from 140 feet to 110 in a single direction; Mr. Maloon said it does, and the river is below 104. Mr. McShane asked how drainage would get to the back swale~ Mr. Maloon said some is being picked up from the hill on the abutting property. Mr. Jenkins asked how large trailers normally are; Mr. Clemmey said 7 W' x 42", and most of the spaces are 10 feet wide. (' Mr. Dolan asked if the site will be paved; Mr. Maloon said it would not be. Mr. Dolan asked if the board should be concerned about oil and other materials leaking into the soil. Mr. Burke said that had been one of his original concerns, and he does not see anything r in the Zoning By-Law to exempt this site from paving. He said even if this is considered storage, the areas around the spaces would be driveways and should be paved. Mr. Clemmey said the large trucks deliver the trailers to the front of the site, and the trailers are brought into place by a propane-run tractor. Mr. Dolan said he did not want to see tractors pulling each of those trailers into the site. Department Head Comments Mr. Lewis said the proposed work is outside the Conservation Commission's jurisdiction. The Police Department asked if another MEP A review should be done with these additional spaces and whether the existing MassHighway curb cut permit would cover this additional area. Mr. Sullivan's memo indicates he has met with the applicant several times, and his concerns have been addressed. He said the original Mass Highway curb cut permit was for 197-space parking lot and amended for an additional 203 spaces, totaling 400, and phase II with an additional 402 spaces. Mr. Burke's memo mentioned a lack of detail about lighting, landscaping and buffering, curbing, striping and paving. Mr. Burke said the name of the plan has been changed to "storage" from "parking" but he is still of the opinion a paved surface is required and the lighting plan is incomplete. He said even if the spaces shouldn't be paved, the areas r around the spaces should be. Mr. Clemmey said the site shouldn't be paved because the site will contain trailers. He said this is a temporary situation and he would be coming back within three months to pave the land for another use. He said the land is very valuable and this wouldn't be a long-term use, but he cannot begin work on the West Street site until the trailers are moved. Mr. French explained the board had to review this as though it would be a permanent situation. Mr. Clemmey suggested a stipulation could be added to the recommendation that this use can only be conducted for a limited time. Mr. French asked if the by-law specifies this has to be paved; Mr. Burke said parking surfaces and driveways have to be paved, but that question goes back to the use of the site. He said the applicant could petition the ZBA for a variance from the requirement to pave a parking area or driveway. r Mr. French asked if landscaping is required; Mr. Burke said there is no building, so no buffer is needed around the building, and the three sides abutting II parcels do not need landscaping; some may be needed at the street, but that may not be practical. Landscaping that may be required in the parking area depends on what the use is determined to be. Mr. McShane asked whether the board had to determine what the number of parking spaces should be for this use, if it goes on the assumption that it is not a parking lot. He said that determination would be what kicks in the landscaping requirement; he said if the trailers are being sold from this site, he assumed there would be some employees on site. Mr. Clemmey said Section 4.3.3 addresses that, since there is r r r no building. Mr. McShane said he is looking at Section 4.4, which says in any zoning district, if any use of land is established or changed, parking and loading spaces shall be provided. Mr. Clemmey said he did not apply under that section; Mr. McShane said that section applies to all districts. Mr. Dolan said the trailers are not vehicles, so this is not a parking lot. He is concerned about possible leaks on the site, but would not want to see the whole site paved. Mr. McShane said he agreed this is not a parking lot, but the board is looking at this as a Bulk Material Storage and Sales Facility. When a site plan review is done for that kind of facility, the board has to determine the number of spaces associated with that use. Mr. Dolan said he did not agree that there has to be staff on this site. Mr. Burke said if the argument is being made that sales are occurring, there must be someone on site to conduct the sales. Mr. Jenkins said the trailers are commodities, which are bought and sold, and there are not necessarily buyers visiting the site to choose trailers. Mr. Burke disagreed and said the definition assumes there is staff on site and buyers visiting. Mr. Maloon said there is a large commercial parking lot on the same site, and he didn't think anyone would be visiting the site to buy trailers during Tweeter shows. Dr. Torman said the board had decided earlier not to discuss Area 1 at all. Mr. McShane said there has been an enormous amount of time and energy put in by the town to determine parking requirements, and since this use is not listed in the Zoning By- Law, the board can determine the required number. He suggested the required number of parking spaces for this use be set at 11, based on half of one percent of the spaces. Mr. Clemmey said he could have come in with a "storage" facility and not even shown the parking spaces; Mr. McShane said the board would still have to determine the number of parking spaces required. Mr. Dolan asked how many employee parking spaces there are at West Street; Mr. Clemmey said there are 4, but the employees are on the road most of the time. Mr. Burke explained that for warehousing, parking is determined by the number of employees on the largest shift, and parking for office space is determined by the size of the building. If this were a retail use, the parking would be determined by the size of the site. Mr. Dolan said he didn't think there would be many employees at a site like this. Mr. Clemmey said representatives of the companies buying the trailers come to the site to inspect, then leave. Mr. French said the board has to determine the number of parking spaces required to service this use, for both employees and customers. Dr. Torman said he didn't believe there would be more than 6 or 8 people on site at the same time; Mr. Jenkins agreed, but said he didn't think there would be a problem even if 40 people showed up at the same time. He said he didn't think forcing 11 spaces simply to kick in the landscaping requirements was necessary. Mr. Achille agreed. Mr. Clemmey explained the site would only be open from 7 am to 4 pm and there would be a gate at the front of the site, which would be locked at night. He said he believed there are approximately 400 trailers at West Street now, but the turnover is fast. He added that if a customer takes 40 trailers off site, they do not send 40 tractors to pick them all up at once. Mr. McShane asked if any of the landscaping requirements had been considered for this area; Mr. Clemmey said they were not because he did not believe the requirements apply. Dr. Torman asked if the tractor used to bring the trailers around the site is road legal; Mr. r Clemmey said it is not. Dr. Torman asked about repairs and maintenance on the tractor; Mr. Clemmey said all repairs are done off site and that his contract prohibits repairs and maintenance being done on site. Motion: To set the parking spaces at eleven (6) (McShane-No Second Motion: To find that the number of required parking spaces shall be six (6), based on the applicant's representation of the number of employees at the existing West Street site. Those parking spaces will have to be paved (Dolan-Achille) Dr. Torman asked if there is any way to find out the number of employees at other, similar facilities. Mr. French explained that could be done, but that regardless, when a use is not specified, the board has to determine the appropriate number of spaces, as it did with Town Hall, which is not a use specified in the by-law. Mr. Dolan asked if the board would be able to revisit this issue if it becomes a problem later; Mr. Burke said he believed it could. Mr. McShane asked if there would be a way to avoid making this a precedent; Mr. Burke suggested referencing this specific plan and this specific use on this specific site. Four in favor. Two opposed. PASSES The site plan must now provide for six paved parking spaces. r Mr. McShane asked about the other requirements for this use. Mr. Burke said because this site abuts industrial usest there are no buffering requirements. Mr. Jenkins asked about coverage ratios; Mr. Burke said that goes back to how much is paved. Mr. McShane said this is an industrial use, which requires 35% open space, and the product cannot be stored in the open space. He asked where the open space is on this plan. Mr. Clemmey explained there are six acres of open space behind the paved parking lot, which meets that requirement. The calculation is not shown on the plan, but Mr. Maloon said that can be added. Mr. Dolan asked if there would be any building on this site. Mr. Clemmey shook his head no. He said the drivers don't even get out of the tractor to deliver the trailers. Dr. Torman asked whether the 43" aisle would be able to handle the 53" long trailers. Mr. Clemmey said it would because the spaces are angled. r Mr. McShane asked if the board wanted to consider the traffic pattern issue and the project's integration into the surrounding environment. Mr. Clemmey explained the site is completely fenced and is lower than the surrounding sites. Mr. Dolan asked about access to this site. Mr. Clemmey showed the access to the site going across Area 1, the existing paved commercial parking lot. Dr. Torman asked if this would cause a problem, given the board's earlier resolution not to discuss Area 1. Mr. Clemmey said that 30 feet is used for the driveway to the whole property, which he said would be wide enough for two trucks to pass. Mr. Dolan said he wanted it made very clear that this site plan was r not to allow the storage of trailers on the existing paved commercial parking lot. Mr. McShane noted the traffic pattern is shown one-way and asked if the trucks would have to go into the swale area to get around; Mr. Clemmey said they would not. Mr. Maloon explained the aisle closest to Area 1 would not be used to back trailers into spaces, but would be used as a travel aisle. He said the swale would be crushed stone. Mr. McShane was concerned about all the drainage from this site going into the swale system, and the possibility of the swale at the corner nearest Area I being driven over. He suggested some sort of barrier to protect that swale, like a fence or concrete barrier to separate Area I from Area 2 and protect the drainage swale. Mr. McShane suggested the recommendation include the following: no storage allowed in Area I; hours of operation be limited to 7 am to 7 pm; trailers stored on site must remain empty; the plan be changed to reference the "limit of trailer storage" instead of "trailer parking. " r Mr. Burke said he believed the site should be paved and properly drained; if the applicant does not want to pave, he should apply to the ZBA for a variance. Dr. Torman agreed and suggested that be part of the recommendation. Mr. Achille was concerned that Mr. Sullivan had not reviewed a paved plan. Mr. French said if the Building Inspector determined the paving is required, Mr. Sullivan would review that plan as well. Mr. McShane said it sounded like the board's hope is that this site need not necessarily be paved as long as that is done legally, but if the Building Inspector determines paving is necessary, he should request Mr. Sullivan review the plan as a paved facility. Mr. Burke said it appears the entire site should be paved, but the applicant could consider petitioning the ZBA for relief from the requirement. Mr. Burke said he did not believe this use is bulk material storage and sales, and does not believe the use is called out in the by-law, so is therefore not an allowed use. Mr. McShane agreed, but said the Building Inspector would likely try to find a use to fit this application into, and does not believe this type of use was what Town Meeting envisioned when it adopted the bulk storage and sales definition. Mr. Dolan agreed, saying there doesn't seem to be a place in the by-law where this use is allowed. He suggested telling the Building Inspector that the board does not believe the use is an allowed one, but that if Mr. Cook decides it is an allowed use, the board recommends the previously discussed conditions. Mr. Clemmey said he had previously met with Mr. Cook and Mr. Mangiaratti and they agreed this is an allowed use, and after the board received a new opinion from Mr. Mangiaratti late today, he felt he was being "beat up" by the board. (' Mr. Clemmey asked for a straw vote and said he would be willing to revise the plan if the board wasn't willing to send Mr. Cook a positive recommendation on the plan as presented. Mr. French noted that he thought the storage of trailers on this site would be unsightly. Mr. Clemmey said all his properties in town are well maintained and said he was willing to install fencing or shrubs. Mr. Clemmey said the board bends the rules for other projects, and he isn't asking for that. Mr. French said he did not believe the board bends the rules for anyone and is very consistent. He suggested adding either a fence or r landscaping between Area 1 and 2. Mr. Achille said the board should also note the fact that the board considered this plan, at least in part, because it made it through the proper channels. Mr. Burke said the board could say it believes the use is not allowed, but that it reviewed the plan for technical merit and note the items it found. Motion: To send the Building Inspector a positive recommendation with the following: 1) All department head comments (attached) must be fully and satisfactorily addressed; 2) The Planning Board has determined that the proposed use is not identified in Section 4.4.1 , Off-Street Parking Schedule. Therefore, after comment from the applicant and discussion among the Planning Board, the Board finds that the number of employee parking spaces required for this use is six (6). Therefore, six paved parking spaces shall be required and shall be shown on the plan unless relief from this requirement is granted from the Zoning Board of Appeals; 3) The Planning Board is of the opinion that asphalt paving of the driveways/access roads/storage areas on this site is required under the Zoning By-Law. However, the applicant has the option of applying to the Zoning Board of Appeals for relief from this requirement. If the Building Inspector determines the site must in fact be paved, the board would like to request that Town Engineer John Sullivan review the paving and drainage plans; r 4) The open space calculation shall be added to the plan; 5) A guardrail/fence type barrier shall be installed around the drainage swale between the rear of Area 1 and the front of Area 2 to avoid damage to the swale from trucks and trailers driving into same; 6) There shall be no trailer storage for this use allowed in Area 1, the existing paved commercial parking lot; 7) The hours of operation of this trailer storage use shall be limited to 7:00 am to 7:00 pm; 8) Any and all trailers stored on site must remain empty; 9) All plan notes shall be changed to reference "limit of trailer storage" rather than "limit of trailer parking"; 10) For the purposes of screening and buffering the stored trilers from view on Route 140, either fencing or landscaping shall be installed between Area 1 and Area 2. (Dolan-Achille) Four in favor. McShane and Jenkins opposed. PASSES Motion: To inform the Building Inspector that it is the opinion ofthe board it does not believe the proposed use fits within the Zoning By-Law and therefore should not be r allowed. We have a draft opinion from town counsel, which we tend to agree with. -1"1 Should the Building Inspector determine this use is governed by a use in the by-law, the r board believes it is far more synonymous with a commercial parking facility than with a bulk material storage and sales in tenns of how it operates, its effects on the town and its impacts on the aesthetics of the surrounding environment. (McShane-Dolan) Mr. Achille said he wasn't satisfied the board had all the information necessary to make this recommendation to the Building Inspector. Dr. Torman agreed. Mr. Burke said the letters from the lawyers are merely opinions, and the board is entitled to its opinion as well. Four in favor. Achille, Jenkins opposed. PASSES Motion: To close the site plan review (Dolan-Achille) All in favor. PASSES Mr. Clemmey said he would bring a revised plan to Mr. Burke. Mr. McShane asked if Mr. Burke was part of the group working on reforms to the Zoning Act. Mr. Burke said he was not. Mr. McShane said this group is looking at changes to the zoning statute and has a package of changes~ he will provide Mr. Burke with a copy of the changes. Mr. McShane asked about the changes to the 40B regulations. Mr. Burke explained the r ZBA will hold a public hearing to work on these changes,but it has not been scheduled. Mr. Burke told the board the Capital Improvements Committee will meet September 10 at 7 p.m. Mr. Dolan and Mr. Achille volunteered to continue to serve. Motion: To reappoint Mr. Dolan and Mr. Achille to the Capital Improvements Committee (Torman-McShane) All in favor. PASSES Dr. Torman volunteered to sit on the CDBG Housing Appeals Grant Committee Motion: To appoint Dr. Torman (Achille-McShane) All in favor. PASSES Motion: To adjourn at 11 :00 p.m. (Dolan-Achille) All in favor. PASSES xt meeting: September 18,2002 at 7:30 p.m. ,. Dare ~!~.L r