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HomeMy WebLinkAboutmin of planning brd 04/18/01 '.. r , Planning Board Minutes April 18, 2001 0 I HAY 25 AM 10= 22 Present: H. Thomas French, Chairman, Bernie Dolan, Clerk; Roger Achille; Thomas McShane~ Kenneth Torman~ Mark Cook; Scott Frank MANSF IELD Shaun P. Burke, Director of PI ann in and Develo ment MASSACHUSETTS RECEIVED TOWN GLER~<S OFFrCE Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk Cook-Torman All in favor. PASSES 1. Letter from Paul Folkman to Branch Street neighborhood re his rezoning proposal. [Mr. Frank arrived at this point. In an unrelated aside, Mr. Dolan said "white."] 2. Letters from Lester McGoldrick, Eddy Street, and Barbara Rose, Branch Street, opposing the Branch Street rezoning. [Mr. French and Mr. McShane arrived at this point.] 3. SRPEDD Regional Review 4. Public Hearing notice Easton Board of Appeals r Street Acceptances: * Articles 41 and 42, Millfarm Drive and Millstone Court. These two streets were accepted as public ways at the Fall 2000 Town Meeting, but were never recorded and therefore must be revoted. Motion: To support Articles 41 and 42 (Frank-Achille) All in favor. PASSES * Articles 43, 44, and 45, Deer Path Circle, Eugenia Drive, Cobbler Road. The Board of Selectmen voted at its April 11, 2001 meeting not to layout these ways. Because of this year's early Town Meeting date and late snow, the developers have not had time to complete the required improvements. Mr. Walsh has indicated his willingness to wait until the fall, but there has been no word from the other developers. Motion: Not to support Articles 43, 44, or 45 (McShane-Dolan) All in favor. PASSES ".-- Other Articles: Mr. Burke explained the moderator may ask for Planning Board recommendations on articles other than zoning-related items. * Article 40: To fund sidewalks on Pratt Street from Hope to East. The Board of Selectmen have voted not to support this article; MassHighway is in favor if the town pays for the work. Mr. Burke said he would check the balance in the sidewalk fund. Mr. Dolan said that is not a high foot traffic area. Mr. McShane disagreed. Mr. Frank said he doesn't see much pedestrian traffic on Pratt Street in that area. Motion: Not to support Article 40 (Dolan- Torman) Five in favor. McShane opposed. French abstained. PASSES r" * Article 20: To purchase 19 acres of land on Essex Street, which is being taken out of Chapter 61A and being offered to the town. Mr. Burke explained the board had endorsed a Form A plan for this site, which includes an additional 29 acres still under 61A, in Mansfield and Norton. He said the front land is very wet in the spring; and r there are differing opinions on what the land would be used for. The owners have a purchase and sales agreement based on seven buildable lots; the site has town water and sewer. The Conservation Commission has approximately $150,000 for the purchase and is hoping for Self Help money, which would require passive recreation. Mr. Frank said he agrees there is value to passive open space, but asked if this parcel would be worth the proposed $1 million price. Mr. Burke said it would be taking developable land off the market, but said there is a question about its marketability since it is so wet. He said his sense is that it would be worth it, especially since there is land next to it which may come out of 6lA He explained both the Open Space and Recreation Plan and the Master Plan reference this as land the town should seek to acquire. An appraiser has been retained to determine the developability of the land. Mr. McShane said he didn't know whether the land was central enough to be useful, but he would have to reconsider that after finding out it was part of the Master Plan. Motion: To adjourn to the Board of Selectmen's meeting and return following the discussion on the board's zoning articles. (Dolan-Torman) All in favor. PASSES Mr. Cook said the Scott-Goyea property was approximately $1 million as well, but the town got 100 acres. Mr. Burke said he was uncomfortable with the dollar amount, but thinks the land is worth preserving. r Motion: Not to support Article 20 (Frank-Cook) All in favor. PASSES *Articles 21-26: Train Station Articles. Mr. Burke explained these had been previously voted, but the wording has changed in order to ensure the town gets some reimbursement; the articles will only be acted on if the town will be reimbursed for the full value of the land. Mr. Burke explained Articles 22 and 23. There is an easement over the Cleveland Twist property to provide access to the parking lot on that side of the track, and the current owners are not interested in renewing that lease. These articles are the town's way of positioning itself to take that roadway if it becomes necessary. He suggested if the board was concerned about a 2 ~ override, the recommendation could be made to support the articles provided no debt exemption or override is necessary. However, he said he did not think any of these articles were related to the large eminent domain takings. r" Dr. Torman said he had heard a rumor the train station wouldn't be done and asked what would happen if that were the case; Mr. Burke explained the Town Meeting vote authorizes these actions but does not mandate them. r Motion: To support Articles 21, 22, 23, 24, 25, and 26 provided none requires a debt exclusion or a Proposition 2 ~ override. (McShane-Torman) All in favor. PASSES r *Article 50: Abandonment and Sale of Paine Road. Mr. Burke explained one house has frontage on this road. Motion: To support Article 50 (Frank-Dolan) Motion Withdrawn Consensus of the board was that it did not have sufficient information to make a recommendation on Article 50. * Article 51: Discontinuance of a portion of Otis Street in front of # 180. Mr. Burke explained the septic system for this house was partially installed within the righ-of- way. Mr. Cook suggested granting the owners an easement. Consensus was the board did not have sufficient information to make a recommendation on Article 51. *Article 34: Formation of Community Preservation Act Committee and By-Laws. Motion: To support Article 34. (Dolan-Cook) All in favor. PASSES Citizens' Petitions *Article 46: To add a new definition 1.5.49, Limited Access Street/Highway and amend 4.3.6B1, Landscape Buffer Strips. Mr. French suggested the board might support this article if the buffer were increased from 15 feet to 25. Mr. Burke said the applicant had submitted a letter proposing that change; the article would have to be amended on the floor of Town Meeting. r Mr. Achille was concerned that the article appeared to have been written to require a maximum of 15 feet, but no minimum. The board discussed several ways in which the applicant could clarify the language, settling on changing the underlined portions at the end of both paragraph 'a' and 'b' to read "provided that in no event shall the buffer strip be less than 15 (or 25 if amended as above) feet in depth." Mr. McShane said he didn't see any reason to change the by-law, as the board has always been willing to consider alterative landscaping plans. He said the intent of the by-law is to provide landscaping for everyone, not just direct abutters. Mr. Frank said he agreed, and since the board has not heard of anyone with real problems landscaping their site, he didn't think the existing by-law is causing any harm. He said as it is now, the board can be flexible about sites with less room for the required landscaping. Mr. Dolan said he would rather see 25 feet than 15, but felt that if the site is adjacent to a four-lane highway, 25 feet is a lot take for landscaping next to a highway. Dr. Torman said 25 feet is sufficient if it allows owners to better develop their properties. r Mr. Frank agreed the requirements could effect a development proposal, but said the presence or lack of landscaping effects the streetscape and the town's appearance. Mr. Burke reminded the board that if its own zoning amendment on this subject passes, the board will have a lot more flexibility to work with developers on specific sites. r r Mr. McShane asked why the rules should be changed all over town, when the board is now able to look at site-by-site situations. Mr. Dolan said he did not think the current by-law is needed on all sites. Motion: Not to support Article 46 (Frank-McShane) Two in favor. Torman, Cook, Achille, Dolan, French Opposed FAILS Motion: To support Article 46 if the applicant makes the following amendments: Change the landscape buffer depth to 25 feet rather than 15 feet, and change the underlined portions at the end of both paragraph 'a' and 'b' to read "provided that in no event shall the buffer strip be less than 15 (or 25 if amended as above) feet in depth." (Dolan-Torman) Five in favor. McShane, Frank opposed. PASSES Article 47: To amend 3.5.16, Auto Service Station, to add "Car Wash" to definition. Mr. Frank said the Zoning By-Law already allows car washes; Mr. Burke said service stations more frequently have car washes now. Motion: To support Article 47 (Dolan-Torman) Mr. McShane asked that considering the water problems the town has had recently, does the board want to encourage this kind of use? Five in favor. Cook, McShane opposed. PASSES r Article 48: To change the Table of Uses to allow Auto Service Stations in B3 by special permit. Mr. Burke explained there are a variety of locations where this would be allowed, with some being more appropriate than others. Motion: Not to support Article 48 (Frank-Dolan) Five in favor. Cook opposed. Torman abstained. PASSES Article 49: To change the required open space in the Industrial] zone from 35% to 30%. Mr. Cook said he was comfortable with 30%. Mr. Frank said he would consider supporting a special permit for 25 or 30% on a site-by-site basis, but not a straight change; petitioners should have to show why the requirement should be lowered. Mr. French reminded the board this application is only for the It zone, and would not effect the industrial park, which is now in the PBD. Mr. Burke explained 35% is consistent in all Industrial zones and the PBD, and that number came out of the Master Plan study of open space in the industrial park at the time. He said the board has not heard a compelling argument for lowering the requirement, and said it is important to be consistent as well as flexible. Motion: Not to support Article 49 (Dolan-Frank) Five in favor. Cook, Achille opposed. PASSES r Article 52: To rezone three lots on Branch Street from R1 to R2. Mr. Achille asked if the 55 and older housing were constructed on this site, would there be a way to restrict the sale of the units to people over 55? Mr. Burke said that would be a condition of the special permit, which would run with the property in perpetuity. r r Mr. Dolan said Mansfield needs this kind of housing, but he understands the neighborhood concerns. Mr. Frank agreed, but said the board is not considering the use of the land at this time, just the rezoning. Mr. Dolan said he had been concerned about the possible number of single family houses with the rezoning, but the applicant said it wouldn't be many more than currently allowed. Mr. Burke said he supported the concept, liked the plans presented at the public hearing, and understands the neighbors concerns, but feels the issues can be addressed during the special permit process. He suggested there may be other ways to go about permitting this project, such as a change to the Table of Uses or an overlay district. Mr. Dolan said he would be concerned about the town-wide effect of a change to the Table of Uses, adding he thought the applicant was serious about the 55 and over idea. Mr. Frank said it wasn't an issue of mistrusting this developer, but mistrust of the economy in general; there is the possibility of the developer having to sell the land before this project is permitted. r Mr. McShane said he would not support a town-wide change, but said Mansfield needs this type of housing to increase the tax base without burdening the schools. He said he thought this site is what the board had in mind when it added the 55 and over by-law. Mr. French said it appears there could be significantly more houses built on 22,500 square foot lots (R2) than on 60,000 square foot lots (Rl). He said the board would have to keep the neighbors' concerns in mind, but thought the 55 and over project would generate less traffic than single-family homes. He noted that the 55 and over project would require greater setbacks, so the buffer would be deeper. Motion: To support Article 52 (Dolan-McShane) Four in favor. Cook, Torman, Frank Opposed. PASSES Mr. Clemmey said the amount for the purchase of the Essex Street land is not $1 million, but rather $750,000-$800,000 for over 100 acres. He said it is worth purchasing and should be used for active recreation. Mr. Dolan said he wasn't sure the town should spend more money on land for passive recreation. Motion: To adjourn at 10:45 p.m. (Dolan-ToTman) All in favor. PASSES r" ;--.. I Date of next meeting: May 9,2001 at 7:30 p.m. -~~~ Signature of Clerk cS--9r- !y) Date of Approval