HomeMy WebLinkAboutmin of planning brd 04/14/04
,"- Planning Board Minutes
April 14, 2004
Present: Bernie Dolan, Clerk; Doug Annino, Ken Torman, Fred Armstrong, Walter
Jenkins, John DeMassi
Shaun P. Burke, Director of PI
Motion: To appoint Mr. Annino Acting Chair
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1. March 3, 2004 minutes
Motion: To approve as submitted (Dolan-Armstrong) All in favor. PASSES
2. Minutes March 31, 2004
Motion: To approve as submitted (Dolan- Torman) All in favor. PASSES
3. Building Permit Summary - March
4. Meeting notices Attleboro, Easton, Norton, Foxboro, Sharon, Canoe River Aquifer
Advisory Committee, ITPG
5. Mass Development newsletter
6. The Beacon
7. Trust for Public Land newsletter
8. Planning magazine
9. Journal of the American Planning Association
10. New England Planning newsletter
,'--"" 11. Letter from SRPEDD re: Planning Board representative
Motion: To reappoint Leonard Flynn to be the board's representative
(Dolan-Armstrong) All in favor. PASSES
12. ZBA decisions -71 Campbell Street (Granted, no PB rec); 19 Elmwood Court
(Granted, negative PB rec); 274 Fruit Street (Granted, positive PB rec); 56
Lancashire Drive (Granted, no PB ree); 455 Ware Street (Granted, no PB ree);
Fruit Street (Denied, no PB rec)
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West Street - The plan seeks to create two lots, Lot 2 and Lot 2A. Lot 2A will be
conveyed to Lot 1, with a current area of 10,900 square feet. The lots have the required
frontage and are preexisting, nonconforming lots, and will not be made less conforming.
Mr. Burke suggested the plan could be endorsed.
Motion: To endorse the Form A (Dolan-Armstrong) All in favor. PASSES
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Columbus Avenue - Mr. Burke explained the site is in the B2 zone, with R3 across the
street. He said the B2 zone has no frontage or area requirements, and residential uses are
allowed. The new lot will be 50 feet wide and 100 feet deep, which will give it the
required frontage in that zone, but not sufficient area. He said this plan is endorsable, but
suggested the Zoning By-Law be amended to remove the single-family use from the B2
zone. He said that would make all the homes in B2 pre-existing, non-conforming. Mr.
Annino said he didn't think that was necessary in a neighborhood like this, because it
already has small houses. He said he would be more concerned about business uses on
lots like this one, rather than small residential uses. Mr. Jenkins suggested rather than
r removing the residential use from B2, setbacks and lot sizes could be added to the Zoning
By- Law for residential uses in that zone.
Motion: To endorse the Form A (Dolan-Jenkins) All in favor. PASSES
East Street - Mr. Burke explained the land was in an estate and the owner applied to the
ZBA to create Lot B, with less than the required area. That variance was granted, so Lot
B has the requisite area and frontage. He suggested the plan could be endorsed. The
board discussed how the variance could have been granted before the Form A plan was
endorsed, because prior to the Form A, the land was one lot that met all the setback,
frontage and area requirements. Mr. Burke explained the variance was granted for
setback and lot size, regardless of where the lot line was originally.
Motion: To endorse the Form A (Dolan-Armstrong) All in favor. PASSES
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Mr. Sullivan explained the town has appointed an ad hoc committee to plan the
skateboard park, which has been funded by town meeting. The park will be between the
tennis courts and football field at Memorial Park. The park will have a 120'x60' paved
surface; there are wetlands in the area and the work will stay out of the 25-foot buffer
zone. The largest oaks will be saved, but some maples will be eliminated. Additional
trees will be planted in the pathway.
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Mr. Sullivan explained drainage flows from the cart path toward the wetland. There will
be a trench drain with stone underneath to infiltrate the water back into the ground. Soil
testing has been done to determine groundwater and ensure water will infiltrate. All
runoff from the new paved surface will go through that system, and the amount of water
going to the wetlands will be reduced.
Mr. Sullivan said the existing and proposed grades will be very close. The work will be
done by DPW crews, and the area will be fenced. The equipment for the park will be
funded by the ad hoc committee.
Mr. Jenkins asked how the location was chosen. Mr. Sullivan said the committee and
DPW chose the site, and there are no plans to light the park at this time. The park will be
fully fenced and locked, with specific hours of operation. Mr. Barrows said the YMCA
will run the park, with supervision while it is open. He explained the committee had
looked at several sites and found this to be the best one.
Mr. DeMassi asked about emergency vehicle access; Mr. Sullivan said the area would be
accessible from the existing gravel path. Mr. Sullivan said the park will be a flat paved
surface with equipment placed on top. Mr. Annino asked why the park is angled; Mr.
Sullivan said it is due to grading, and to keep it away from the wetland and the cart path.
Motion: To send the Board of Selectmen a positive recommendation on the park
Mr. DeMassi asked ifDPW would maintain the park. Mr. Sullivan said they would.
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(Dolan-Armstrong) All in favor. PASSES
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The clerk read the public hearing notice to rezone the parcel from R3 to B2 and letters of
disclosures from Mr. Jenkins and Mr. Armstrong. They are both involved with the
Congregational Church but both said they can address this matter in an impartial manner.
Jay Barrows, representing the Congregational Church, explained the church has been
looking for a new minister, and none of the candidates want to live in the parsonage. The
church voted to pursue other options for this property. The garage currently houses the
food pantry, and because of the activity, renting the house for a residence would be
difficult. Mr. Barrows said he is the president of the Tri-Town Chamber of Commerce,
and has suggested that office move to the parsonage building. The office would operate
Monday through Friday, mostly in the mornings. However, because the parcel is in the
R3 zone, it would have to be rezoned to allow the business use.
Mr. Barrows said the Chamber of Commerce has moved around several times since its
beginning and would like to settle in someplace where the community is supportive of
business. Mr. Annino said the chamber should be downtown.
Public Comment
Peter Hamml, chairman of the search committee, said he supports this proposal and the
office use would allow the church to use the building on the weekends.
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Mr. Burke said he didn't have a problem with the proposal, but was concerned about the
neighbors. He said the chamber wouldn't necessarily use of that parcel forever, and with
a B2 designation, other types of businesses could go there. He said reusing a vacant
building is a good thing for downtown. He agreed the chamber offices should be
downtown and recommended supporting the zoning change.
(Motion: To open and continue the 8:45 public hearing until the completion of this
hearing. (Armstrong-Dolan) All in favor. PASSES]
Board Comment
Mr. Dolan said he was concerned about what other uses could go there, especially if the
church sells the property.
Motion: To support the rezoning at Town Meeting because it continues the zone line, is
on a main street and it makes sense for the line to be continued; the church is a good
buffer for the residential neighbors; the building is being reused and will allow the
chamber to move downtown (Dolan-DeMassi) All in favor. PASSES
Motion: To close the public hearing (Dolan-Torman) All in favor. PASSES
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The clerk read the public hearing notice. Mr. Burke explained section 6.6.4, Marketing
Plan, would allow the Planning Board to define "local preference" and "resident." Mr.
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Burke said the ZBA has already done that under the 40B projects, so the board could
adopt that definition.
Mr. Burke explained this bylaw would keep Mansfield current with the affordable
housing regulations by requiring every seventh unit in a development to be affordable, so
the town would be able to keep current with the 10% requirement.
Mr. Burke explained most of the housing in Mansfield is single-family, and practically,
developers won't build affordable homes in very expensive subdivisions. Therefore, the
by-law has an allowance for developers to donate to an affordable housing trust fund so
the town can build affordable housing.
Mr. Burke said the affordable housing plan has been prepared and submitted to the state,
and one of the issues was to find a way to keep creating affordable housing to keep the
town at 10% and avoid falling behind to the point where large affordable developments
are submitted.
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Mr. Dolan asked what the 40B developments would do for the town's affordable housing
percentage. Mr. Burke explained the rental units will count toward the 10% goal, but
only the "affordable" single-family homes will be counted. Therefore, if all the 40B
projects are approved, the town will be over 10%. Mr. Burke said if the town goes before
the Housing Appeals Committee because it only approves a portion of a 40Bproposal,
and the developer says that number won't work financially, the Housing Appeals
Committee and may rule in favor ofthe developer. At that point, the town would have to
be willing to take the Housing Appeals Committee to court.
Mr. DeMassi suggested a town-owned parcel, such as Hatheway-Patterson, could be
developed for residential uses. Mr. Burke said that was an option, but the neighborhood
would have to be considered.
Mr. Dolan said he liked the idea behind the article, but said realistically, he didn't think
developers would actually build affordable houses in subdivisions.
Mr. Jenkins asked if condominiums and 55 and Over developments would be included;
Mr. Burke said if this by-law were in place when the applications are submitted, he
thought they would be. Mr. Jenkins said he was concerned this sort of by-law might
force developers into applying under Chapter 40B.
Mr. Burke said this is a complex by-law and will be difficuh to explain at Town Meeting.
Mr. Armstrong said he was concerned about market value houses increasing if developers
have to contribute to the affordable housing fund, because they may wrap that
contribution into market price house costs. Mr. Burke said house prices are already very
high and rising, and he didn't think this by-law would affeet that.
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Mr. DeMassi said there are a limited number oflots left that can be developed, and asked
how useful this would be. Mr. Burke said the point ofthe by-law is to create affordable
housing in the locations, style and density of the town's choosing. Mr. DeMassi said the
remaining large lots could simply be broken up into smaller parcels, so they don't have to
meet the level of the by-law. Mr. Jenkins said this would still be good public policy. Mr.
Burke said there are some very large parcels in town that are currently agricultural or
industrial uses, which could come in as residential subdivisions.
Motion: To support the article at Town Meeting
(Dolan-Armstrong) All in favor. PASSES
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The next meeting will be April 21, the continued public hearing for Village Landing.
The Planning Department has not received any revised plans for this proposal. Mr. Burke
said the department heads will not have time to review the plans unless they are
submitted by the end of the day tomorrow. Mr. Burke said ifthat was the case, the board
should open and continue the public hearing, and if the applicant doesn't want to
continue, the board could deny the plan based on the original plans and department head
comments. Mr. Annino asked Mr. Burke to call the developer and ask them to get
revised plans by tomorrow. If they don't plan to do that, they should request a
continuance; if they refuse to continue, let them know the board is prepared to vote on the
original plans and department head comments. The rest of the board agreed.
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Mr. DeMassi said the Hatheway-Patterson Steering Committee has met twice, and has
chosen a consuhing firm, The Cecil Group. The next meeting will be scheduled after a
contract is signed, and that meeting will be about getting the community involved and
potential reuse options. Mr. Burke explained DEP has already done some clean up of the
site, and when the town chooses the best use, EP A will finish the clean up. Mr. Burke
said there may be legal issues with CSX easements.
Mr. Dolan, chair of the Capital Improvements Committee, said there is no funding
available for CIP, so the town is considering short-term bonding. He said the committee
would meet the night of Town Meeting to discuss the Town Ha1l/Library/COA security
system. Mr. Dolan will be meeting with Finance Committee to discuss the budget.
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Motion: To adjourn at 10:00p.m. (Torman-Dolan) All in favor. PASSES
Date of next meeting: April 21, 2004 at 7:30 p.m.
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Date of Approvar /
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