HomeMy WebLinkAboutPlanning Brd Min_2131991PLANNING BOARD'S
MINUTES
FEBRUARY 13, 1991
PRESENT: Chairman Madan, Acting Clerk Cadden
PLANNERS: Caponigro, Flynn, Quinn ( I j2 L?
Shaun P. Burke, Director of Planning and Development (, _l
C s; _�` t ` E
1. Meeting called to order at 7:00 P.M.
2. Discussion with Michael Van Splinter, Solid Waste Committee
Michael Van Splinter updated the Planning Board on progress made
with the recycling park.
*Planner Caponigro entered the meeting.
MOTION: To support the recycling park that the Solid Waste Committee
is presenting.
(Flynn - Caponigro) All in favor. PASSES.
3. Correspondence
MOTION: Planner Cadden to be Acting Clerk.
(Quinn- Caponigro) All in favor. PASSES.
Memo from the Town Manager to Boards and Committees regarding access to
Town Counsel
Letter to Steve Benoit from Dan Clifford regarding Captain John Williams
Estates
Letter from Alexander Skene requesting a waiver of one sidewalk in the
Robyn Estates subdivision
MOTION: To send Mr. Skene a letter stating that he must request a modification
hearing for this waiver. He will be responsible for both the cost
( of advertising and certified mailings to abuttors.
(Quinn - Flynn) (4 -0 -1) Chairman Madan abstains. PASSES.
Memo from John Larch to the Planning Board suggesting a time for a joint
meeting to discuss lighting in subdivisions
Letter from Bob Mangiaratti regarding "The Elms"
Memo from the Mansfield Public Library to the Planning Board
Letter to all Planning Boards from Land Law regarding elimination of
EOCD publications
MOTION: To send a letter to Secretary Pierce opposing the cut, cc:
Governor Weld and Representative Vernon.
(Quinn - Flynn) All in Favor. PASSES.
i
Zoning Board of Appeals Statement of Facts.
Public Hearing Notices for: Attleboro Planning Board
North Attleboro Zoning Board of Appeals
Foxboro Zoning Board of Appeals
IDC - Meeting Notice - 1!12!91- -7:30 P.M.
The Beacon
Natural News
MAPD Meeting Notice
APA Booklet
Ad - The Law of Water Rights and Resources
Massachusetts Land Law - Zoning Research Services
Ad - Island Press Books on Environmental Planning
Lincoln Institute of Land Policy
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Page 2 of 6
February 13, 1991
Planning Board Minutes
Correspondence Continued
Ad - Law of Wetlands Regulation
Journal of the American Planning Association Winter 1991
4. 7:30 - Highview Estates - Continued Public Hearing
Ralph Maloon submitted an addendum to the E.I.S. and presented the
revisions made to the plan to the Board.
Public Discussion
Andrea Bonda - 578 Maple Street - Drainage /Conservation Commission
Board Member Comments
Caponigro - Engineering's Comments?
Quinn - Engineering's Comments
Flynn - Drainage on Lots 1 and 2
Island Plantings
Add 10' easement for tree planting
Planning Director - Would like to see final comments from the Engineering
Department.
The applicant requested an extension of the deadline date until March 8, 1991
and a continuation of the public hearing to February 27, 1991.
MOTION: To accept the request for extension and to continue the hearing
on February 27, 1991 at 7:45 P.M.
(Quinn - Flynn) All in favor. PASSES.
5. 8:00 P.M. - Zoning Amendments Public Hearing
To see if the Town will vote to amend the Zoning By -Law, Section 3.5 Classification
of Business Uses, subsection 3.5.6 Fast Food Restaurant to read as follows, or take
any action in relation thereto:
An establishment whose principal business is the sale of pre - prepared
or rapidly prepared food directly to the customer in a ready -to- consume
state for consumption within the restaurant building, in an on- premises
patio, in automobiles in an on- premises parking lot, or consumed off
premises and usually requires ordering food at a counter, but may in-
clude drive -up window service.
MOTION: To support.
(Flynn- Quinn) (5 -0) PASSES.
Proposed Article # 2
To see if the Town will vote to amend the Zoning By -Law) Section 3.9 Accessory
Apartments, subsection 3.9.9.1 by adding the following sentence after the
first line, or take any action in relation thereto:
TO:
"With the exception of an open staircase which may be permitted at the rear
of the building when in the opinion of the Planning Board such an open stair-
case does not detract from the single- family character of the building."
Page 3 of 6
February 13, 1991
Planning Board Minutes
FROM:
3.9.9.1 All stairways to second and third stories shall be enclosed within the
exterior walls of the dwelling.
Board Comments
Public Discussion
Andrea Banda - 578 Maple Street - In favor of amendment.
MOTION: To support.
(Caponigro - Flynn) (5 -0) PASSES.
Proposed Article # 3
To see if the Town will vote to amend the Zoning By -Law, Section 3.9 Accessory
Apartments, subsection 3.9.9.2 by adding the following to the end of the first
sentence, or take any action in relation thereto:
TO:
FROM:
",or the addition of a deck or porch, which may be permitted at the rear
of the building when in the opinion of the Planning Board such a deck
or porch does not detract from the single - family character of the
building."
There shall be no enlargements or extensions of the dwelling in connec-
tion with any accessory apartment except for minimal additions necessary
to comply with building, safety or health codes, or for enclosure of any
entryway, or for enclosure of a stairway to a second or third story.
MOTION: To support the amendment as written.
(Flynn- Caponigro) All in favor. PASSES.
Planner Flynn stepped down from the Board while the Planning Board discussed
Residential Compound Zoning By -Law amendments.
Proposed Article # 4
To see if the Town will vote to amend the Zoning By- Law, Section 5.7, Residen-
tial Compound, subsection 5.7.1 Purpose by changing the paragraph to read as
follows or to take any action in relation thereto:
TO:
5.7.1 Purpose - To provide "an alternate means of" limited residential
development as alternative to a conventional subdivision on tracts of
land which promotes efficient use of the land in harmony with its
natural resources, minimizes Town Maintenance responsibility and cost,
and preserves the existing character of the Town.
I9 "LPIn
5.7.1 Purpose - To provide limited residential development on tracts of land
which promotes efficient use of the land in harmony with its natural
resources, minimizes Town Maintenance responsibility and cost, and
preserves the existing character of the Town.
K]
Page 4 of 6
February 13,'1991
Planning Board Minutes
MOTION: To support the amendment.
(Quinn - Cadden) (4 -0) PASSES.
Proposed Article #5
To see if the Town will vote to amend the Zoning By -Law, Section 5.7, Residen-
tial Compound, by adding the following paragraphs or take any action relative
thereto:
5.7.4.1 The applicant shall be required to submit a conventional pre-
liminary type subdivision plan depicting lot layout, total length
of street layout to nearest existing through way, including cul -de-
sacs, and approximate wetland delineation at the time of the filing
in order for the Special Permit Granting Authority to better gauge
the merits of the Residential Compound.
Board Comments
Public Discussion
Karl Clemmey - 390 West Streets - Dead End Streets
MOTION; To strike 5.7.4.1 and amend 5.7.4.2 to include, total street layout
to nearest existing through way, including cul -de -sacs. "5.7.4.2"
will become "5.7.4.1 ".
(Quinn - Cadden) (3 -0 -1) Chairman Madan abstains. PASSES.
Planner Flynn Returned to the Meeting.
Proposed Article # 6
To see if the Town will vote to amend the Zoning By -Law, Section 6.2 Board of
Appeals, subsection 6.2.2 Paragraph c. to read as follows, or take any action
in relation thereto:
TO;
c. Variances. To authorize upon appeal, or upon petition with respect to a
particular parcel of land or to an existing building thereon, a variance
from the terms of this By -Law where, owing to conditions especially af-
fecting such parcel or such building but not affecting generally the
zoning district in which it is located, a literal enforcement of the pro-
visions of the By -Law would involve substantial hardship to the applicant,
and where desirable relief may be granted without substantial detriment to
the public good and without nullifying or substantially derogating from
the intent or purpose of this By -Law, but not otherwise.
The Planning Director presented said amendment to the Planning Board and the
public.
Public Discussion
Andrea Honda - In favor of keeping use variances.
Karl Clemmey - Zoning Board of Appeals member- Stated that the Zoning Board
of Appeals with five members present voted unanimously no to support the
elimination of the use variance.
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Page 5 of b
February 13, 1991
Planning Board Minutes
+9:10 P.M. - Clerk McClanahan entered the meeting.
Board Members Comments
MOTION: To support the first paragraph.
(Quinn - Flynn) (1 -4 -1) Planner Flynn in favor; Chairman Madan, Clerk
McClanahan, Planners Cadden and Caponigro opposed; Planner Quinn ab-
stains. FAILS.
MOTION: To properly withdraw this article from the warrant.
(Cadden - Caponigro)
MOTION: To table until a full Board is present.
(Quinn - Flynn) (2 -4) Planners Quinn and Flynn in favor. FAILS.
MOTION: To properly withdraw this article from the warrant.
(Cadden - Caponigro) (4 -2) Chairman Madan, Clerk McClanahan, Planner
Cadden, Planner Caponigro in favor. Planners Flynn and Quinn op-
posed. PASSES.
MOTION: To close this public hearing.
(Madan - Caponigro) All in favor. PASSES.
b. 9.50 P.M. - Mill Farm Cluster Development - Continued Public Hearing
- Mill Farm Definitive Plan - Continued Public Hearing
- Mill Street - Scenic Road - Continued Public Hearing
Michel LaCasse, representative of the applicants, stated that they would
like a continuance; however, they would like to discuss several things
first.
A. Phasing /Ownership of Open Space
Proposing to deed the open space to a non - profit organization.
B. Trees
1. Street Trees
Would like to save trees already in place; that was the purpose
of the meandering sidewalk.
2. Trees to be cut on scenic way
Six mature trees are to be removed. Would like the Planning Board
to consider off -site improvements rather than replacement trees.
C. "Substantial Action"
The Building Inspector will not accept accept the recording of the
plan as being substantial action.
Correspondence
Letter from the Conservation Commission to the Planning Board regarding
open space.
The Planning Board took a concensus on several issues.
Open space deeded to a non - profit organization - In favor.
Renewal of Special Permit as a condition - No Objection.
Meandering sidewalk used to save existing trees - In favor.
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Page 6 of 6
February 13, 1991
Planning Board Minutes
The Planning Board would like to see the document that will be used for
phasing of the open space.
Request for an extension of the deadline date for the definitive plan
public hearing until April 19, 1991.
MOTION: To accept the request for extension.
(Flynn- McClanahan) All in favor. PASSES.
MOTION: To continue the public hearing on April 10, 1991 at B:00 P.M.
(Flynn- McClanahan) All in favor. PASSES.
7. Around the Table
Shaun Burke, Planning Director, updated the Planning Board on progress
made in the Mansfield Manor subdivision.
The Planning Director also informed the Planning Board of an incorrect
zone line on the zoning map p, the Planning Board discussed how to correct
this at Town Meeting.
B. Ad'ournment - Ilr2O P.M.
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Clerk's Signature Date of Approval
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