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HomeMy WebLinkAboutmin of planning brd 05/23/01 .- TOWN ~~~~lVED Planning Board Minutes ,.B'iS OFF ICE May 23, 2001 0 I JUN - 7 AM I . Present: H. Thomas French, Chainnan, Bernie Dolan, Clerk; Roger Achille; Thomas O. ~ 6 McShane; Kenneth Torman; Mark Cook; Scott Frank MAMSFJElD Shaun P. Burke, Director of PI ann in and Develo ment HASSACHU TTS r L Minutes May 9,2001 Motion: To approve (Dolan-Torman) All in favor. PASSES 2. Zoning Board of Appeals application for Finding - 21 Day Avenue. To extend a room off the back of house, which will not change the existing non-conforming sideyard setback. Mr. Burke suggested that since there would be no further encroachment into the sideyard, the board could send a positive recommendation. Motion: To send the Zoning Board of Appeals a positive recommendation (Torman-Cook) All in favor. PASSES 3. Zoning Board of Appeals application for Variance - 11 River Edge Road. To correct a builder's error, which placed the house in the wrong place on the lot, resulting in the need for a land swap with the neighboring property. Motion: To send the Zoning Board of Appeals a positive recommendation (Dolan-Cook) All in favor. PASSES r 4. Zoning Board of Appeals application for Variance and Special Permit - Highway Garage. The existing underground tanks have been leaking and must be replaced. The special penn it portion of the application is to replace them with larger capacity, above- ground tanks, the expansion of a non-conforming use. The variance is for tanks with 110% storage capacity rather than 115% as required by the Zoning By-Law. The new tanks would be double-walled, with 110% capacity inside the second wall, rather than in an exterior cradle. Mr. Burke explained with the cradle unit, 115% capacity was required to account for rain and snow, which will not be an issue with the new, enclosed tanks. He added the town will have to come back for site plan review on the complete project. Motion: To send the Zoning Board of Appeals a positive recommendation on the Variance and Special Permit (Dolan-Cook) Dr. T onnan said he was very concerned about the location of the tanks, and suggested a better location should be found. [Mr. McShane arrived] Mr. Burke explained the town had looked at its other properties, but nothing was appropriate for this use. He added that any owner of a pre-existing, non-confonning use has the right to petition for its expansion. Mr. Cook said the DPW had done a study of all town-owned parcels, but nothing was feasible. He said the problems with the existing tanks had been mostly due to human error, but with the new above-ground tanks, leaks would be immediately visible. r Motion Withdrawn. This discussion will be continued. r Greg Beck, representing Mansfield Little League, explained there is an existing building with a kitchen, storage area and two bathrooms. They want to install an additional bathroom area and make it handicapped accessible. Mr. Burke explained this application requires site plan review because it is more than a 15% expansion. The clerk read comments from the Conservation Commission, Fire, Electric, Police, Planning and Engineering Department. Mr. French asked about the parking shown on the plan; Mr. Beck explained the parking is already there. Motion: To send the Building Inspector a positive recommendation provided all department head comments are fully and satisfactorily addressed. (Dolan-Achille) All in favor. PASSES [Mr. Frank arrived.] George Potter, National Lumber, explained the application to add a driveway onto Francis Avenue in order for their trucks to travel through the site. The clerk read comments from the Electric, Fire, Engineering and Planning Departments. Mr. Burke said he had received a message from Officer Lawson requesting a stop sign at the new driveway. r Mr. McShane asked if Francis Avenue would be able to handle the truck traffic. Mr. Potter said it would be approximately one trailer truck per day, and his trucks currently have no problem on Francis Avenue. Motion: To send the Building Inspector a positive recommendation provided all department head comments are fully and satisfactorily addressed (Dolan-Cook) All in favor. PASSES The clerk read a request from the applicant's attorney requesting the public hearing be continued to June 20, 2001 at 8:30 pm and extending the board's deadline for final decision to July 13,2001. Mr. French said he was concerned this public hearing is being dragged out too long; Mr. Dolan suggested having the applicant re-notify the abutters. Mr. McShane asked where the application is in the Zoning Board of Appeals special pennit process, saying without a Zoning Board of Appeals decision on whether the use will be allowed, the Planning Board may be wasting a lot of time. Mr. Burke said the Zoning Board of Appeals plans to wait until after the Planning Board's decision. Mr. McShane suggested a policy should be set on handling this sort of cross-board process. Mr. Cook suggested continuing it once more, but telling the applicant that will be the last r--. time. Mr. McShane said he did not think this was entirely the applicant's fault, since the process has become very confusing. Mr. Frank said it would make sense for the Zoning r Board of Appeals to act first, but it was not obligated to do so. Mr. Achille asked what would happen if the Planning Board did not act; Mr. Burke said the plan would get constructive approval. Mr. Burke explained that even if the Planning Board approves the subdivision plan but the Zoning Board of Appeals denies the use special pennit, the applicant could still do an industrial subdivision, so the Planning Board's work will not have been entirely wasted. Motion: To continue the public hearing until June 20, 2001 at 8:30 p.m. and require certified notification of abutters (Cook-Dolan) All in favor. PASSES Motion: To send the Town Manager a letter explaining that given the fact the Planning Board is facing a constructive approval on this plan, and does not know whether the lots being created will be used for residential or industrial, and requesting he ascertain the rationale and advisability of putting the decisions pertaining to scenic road and subdivision issues before the basic question regarding the use of the land is resolved. (McShane-Dolan) Mr. Cook said the Board of Selectmen is the appointing authority, so the Town Manager doesn't really have any authority over the Zoning Board of Appeals. Mr. McShane said he would like Mr. D' Agostino to talk with that board and decide if what they are doing makes sense. Mr. Frank suggested sending a letter to the Zoning Board of Appeals. r Two in favor. Five opposed. FAILS 5. Letter from Ralph Maloon re: Castle Hill Estates surplus earth removal request for approximately 5,400 cubic yards ofIoam and approximately 9,100 cubic yards of subsoil and sand. Landowner James Shalek said he would be bringing the material to various sites, and the loam contains glass. Mr. Burke said he understood 13,000-14,000 cubic yards will be leaving the site; typically a surplus earth removal pennit specifies items such as hours of operation, truck route, sweeping the streets and keeping dust down, a police detail, etc. Mr. Shalek said approximately 85% of the trucks will be turning right out of the site to go to the highway. Mr. Dolan suggested putting in a no left turn condition into the pennit. - Motion: To send the Building Inspector a positive recommendation for the above- referenced request to remove up to 5,400 cubic yards of surplus loam and 9,100 cubic yards of surplus subsoil and sand at Castle Hill Estates, an approved residential compound off of East Street, as shown on a plan titled "Definitive Contour Plan of Castle Hill Estates" dated August 22, 2000, revised February 1, 2001, February 12, 2001, and February 27, 2001 by RIM Engineering Co., Inc. In making this recommendation the Planning Board notes the following: 1. Work hours, including warm-up and repair of equipment, shall be strictly limited to between 7:00 AM. and 3:00 P.M. Monday through Friday. 2. All loaded vehicles shall be suitably covered to prevent dust and contents leaving the r vehicle and to protect abutters and other residents, and the public way from material spilled from the load. A 75-foot long crushed stone apron shall be installed at the end of the private driveway. 3. You may be required to have a police officer present during any hauling. Please consult with Police Chief Arthur O'Neill as to whether or not this may be necessary and to discuss the best hauling routes. 4. All truck traffic exiting the site shall be required to turn right out of the private drive onto East Street. 5. East Street shall be maintained free of all mud, stones or any other conditions that may result in a public safety hazard for vehicles or pedestrians. Sweeping or cleaning must be completed daily or more frequently as deemed necessary during the operation, as directed by Police Chief O'Neill. 5. Stockpiled material shall be stored in a manner as to present no hazard to the public and shall be covered or otherwise stabilized to prevent airborne dust and silt from leaving the site. 7. Surplus material removed shall be limited to the approved Castle Hill Estates site. 8. It is the intent of the Planning Board recommendation that all conditions stated in this letter remain in force until the earth removal process is complete. 9. This recommendation shall not be construed to be a substitute for any and all other permits or approvals that may be required. (Dolan-Achille) All in favor. PASSES r 4. Zoning Board of Appeals application re: Variance and Special Permit - Highway Garage (discussion continued) Mr. McShane said he agreed this proposal is better than the existing condition, but said he did not believe it is safe to put the oil tanks this close to the water supply area. He said the board had never seen an alternatives analysis and found it hard to believe there isn't another usable site in town. He said while the proposed tanks may meet industry standards, they should be more than that because of their proximity to the water supply. Mr. Dolan said the DPW has the right to replace the underground tanks, just like any other gas station would. Mr. Burke said the argument is that the town should be held to a higher standard. Mr. McShane said because the tanks are there now doesn't mean they should be there. Motion: To send the Zoning Board of Appeals a positive recommendation on the Variance and Special Pennit (Cook-Achille) Mr. Frank said he is comfortable with the expansion of the non-conforming use, but he does not see any hardship. Motion Withdrawn Motion: To send the Zoning Board of Appeals a positive recommendation on the Special Permit to increase the tank sizes (Cook-Achille) ~ r Mr. McShane said the risk of groundwater contamination will still be there; Mr. Frank said it would not be increased, since they could just replace the old underground tanks. Mr. Dolan said this would be a better situation than currently exists. Mr. French asked if the Zoning Board of Appeals denies the application, would the underground tanks be replaced? Mr. Burke said that was likely. Mr. Cook explained the DPW has been ordered to clean the area around the tanks and replace them; he said they want to install the above-ground tanks so any problems can be seen immediately. Five in favor. McShane, Tonnan opposed. PASSES Regarding the Variance, Mr. Frank said one of the tests is to show a hardship to the specific lot. He said there is nothing about this lot that makes it different enough to exempt it from zoning. Mr. McShane suggested that if the Zoning By-Law requirement for 115% containment is outdated, it could be changed. Mr. Burke suggested the board recommend the applicant add an additional 5% containment lip outside the tank. r' Motion: To send the Zoning Board of Appeals a negative recommendation on the Variance request because the application does not meet the basic requirement of Section 6.2.2.C regarding a hardship due to the shape, topography or size of the parcel; and to suggest that in the event this Variance is granted, the applicant install a structure outside the oil tanks for the containment of an additional five percent. (Frank-McShane) All in favor. PASSES Corner Lot Union Street/Spring Street. There are currently two houses on the lot, both of which were built prior to the establishment of zoning in 1953. The owner would like to divide the lot into two, which, due to the date of creation, can be done regardless of the area and frontage of each. Motion: To sign the Fonn A (Dolan-Tonnan) All in favor. PASSES 11 River Edge Road. The driveway was built in the wrong place; the neighbors have agreed to a land swap, which will fix the problem. Motion: To sign the Form A (Dolan-Cook) All in favor. PASSES Motion: To adjourn at 10:00 p.m. (Cook-Dolan) All in favor. PASSES Date of next meeting: June 6, 2001 at 7:30 p.m. r ~ 17~~ {g~~r-t/! Date of Approval