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HomeMy WebLinkAboutPlanning Brd Min_1141992;7. , PLANNING BOARD 93X4;1 -7 r; 3: 15 MINUTES ; , ins; t ,'u'i TS November 4, 1992 PRESENT: Acting Chairman Annino, Clerk Cadden PLANNERS: Flynn, Caponigro, Quinn 1. Meeting called to order at 7:30 P.M. MOTION: Planner Annino to be Acting Clerk. (Quinn- Caponigro) All in favor. PASSES. 2. 7:30 P.M. - Planning Session - Proposed Zoning Amendments The following proposed Zoning By -Law amendments were discussed during the planning session: Planning Director Shaun Burke incorporated revisions suggested by Michael Morizio to the Resource Recovery by -law into the existing by -law for the Planning Board to review. To amend Section 3.10 Non - Conforming Uses, paragraph 3.10.4 by ( deleting the existing paragraph and replacing it with the following paragraph: 3.10.4 In all districts the change, extension or alteration of a pre- existing non - conforming structure or use may be allowed provided, however, that compliance with any other use or dimensional requirement of this by -law. change, extension, or alteration shall be allowed after a finding has been made by the Zoning Board of Appeals at a duly advertised public hearing that any such change, extension , or alteration is not substantially detrimental to the neighborhood than the existing non - conforming use or structure. To amend paragraph 3.10.6, in part to read: 3.10.6 "...and further provided that the buildings as restored shall be only as great in volume or area as the original non - conforming structure, unless a finding has been made in accordance with Section 6.2.2. paragraph b. To amend Section 6.2. Board of Appeals paragraph 6.2.2. of the Zoning By -Law by deleting Paragraph b. Special Permits and replacing it with a paragraph entitled b. Findings. 6.2.2 The Board of Appeals shall have the following powers: a. Appeals... b. Findings. To permit the extension or alteration of a pre - existing non- conforming structure or use after a finding that the change, extension, or alteration is not substantially more detrimental to the neighborhood than the existing non- conforming use or structure. Provided, however, that such change, extension, or alteration does not create a new non - compliance with any other use or dimensional requirement of this by -law. A consensus of the Board was in favor of the proposed amendments to Sections 3.10.4, 3.10.6; and 6.2.2 of the Zoning By -Law. To amend Section 4.7 Signs, paragraph 4.7.2 by adding the words "Reservoir District" said amended paragraph to read: 4.7.2 In the Reservoir and Industrial Districts the following standards for signs shall apply. MOTION: To send Bert Cook a letter questioning if the Balcom House sign and the McDonalds and Pelicans signs on South Main Street have been issued permits. (Annino - Quinn) All in favor. PASSES. * Fast Food Restaurant Filing Fees A consensus of the Board was not to include the list of Special Permits filing fees to the Zoning By -Law. MOTION: Write a letter to the Board of Selectmen requesting that the fast food restaurant be added to the filing fees list. (Quinn - Annino) All in favor. PASSES. The Planning Board discussed changing I3 zones to a different name, such as still allowing the same uses in the z MOTION: For the Planning Director to about changing the I2 and I3 the same uses. (Annino- Quinn) All in Favor. the titles of the I2 and Commercial I and II, but )nes. talk to Town Counsel names but still allowing PASSES. 3. 8:00 P.M. - Bay Brook Farm - Preliminary Cluster Development Discussion Harry Blackie, representative of New England Investment Group, presented the proposed cluster development to the Planning Board and stated the ways in which he feels the application meets or exceeds the criteria in Section 5.6.1 Purpose of the Zoning By -Law. 4. 8:30 P.M. - Tara Estates - Continued Modification Public Hearing Request from the applicant to continue the public hearing. MOTION: To continue the public hearing to November 18, 1992 at 8:45 P.M. (Quinn- Flynn) All in favor. PASSES. 5. 8:31 P.M. - Bay Brook Farm - Continued Discussion Correspondence Memo from Richard Lewis, Conservation and Environmental Agent, to the Planning Board Memo from Lt. Sarro to the Planning Board Memo from Lance Lawson, Traffic Safety Officer, to the Planning Board Following reading of the Department Head comments, Planning Director Shaun Burke gave background on the subject parcel of land, e.g. developments which have previously proposed. Board Comments: Planner Caponigro stated that he agrees with Planner Annino in regard to the drainage area. He also stated-that he likes this plan opposed to the conventional layout. Planner Annino stated that he likes the plan and that he thinks it is a good use of the land. Planner Quinn stated that he feels that the application certainly is in keeping with the spirit of the cluster development by -law. Planner Quinn also had the following comments /questions: *Would like roadway length checked for conformity to the Regulations *Questioned the reasoning for a pond and public safety. *Type of drainage area should be determined. *Public or private roadways? Public. *Better use of land than conventional subdivision. Planner Flynn stated that she appreciates Planner Quinn's concern of the pond; however, she likes the pond because it adds to the development and will probably also help drainage within the development. Planner Flynn expressed the importance of showing structure and.driveway- locations on the plan. Harry Blackie suggested that, if the plan is approveds as part of the approval the Planning Board establish how homes should be situated on the lots. Discussion of setbacks requirements and 0 lot line followed. Planner Cadden stated that he would not mind 0 lot lines. Planner Cadden also inquired about the size of the homes to be built in the development as well as the style of same. Discussion of elements which would allow for a variety of house styles followed. Different elements such as variety of setbacks, heights, and landscaping were discussed. MOTION: For a positive approval of the preliminary cluster development. However, approval of the preliminary plan does not in any way secure approval of the definitive special permit. (Annino- Quinn) All in favor. PASSES. 6. Correspondence Letter from East Coast Development to the Planning Board regarding garage locations in the Deerfield Village subdivision After careful discussion, the Board voted the following: MOTION: To approve a field modification on Lot No. 19 to allow for a 22' X 22' garage, which must conform to all zoning. To request the developer submit a plan to the Planning Board showing locations of all proposed attached garages that can be accommodated on these lots without encroachment on the zoning envelope. To also request that any lot not being able to accommodate an attached garage have a notation added to the deed at the time of conveyance which states that no garages may be proposed or erected on the lot. (Quinn - Flynn) All in favor. PASSES. Request from Folkman & Zola Builders Inc. and recommendation from Dan Clifford, Subdivision Inspector, to release $72,546 for the Sturbridge Estates subdivision MOTION: To release $72,546.00. (Quinn- Flynn) All in favor. PASSES. Request from Folkman & Zola Builders Inc. and recommendation from Dan Clifford, Subdivision Inspector, to release $22,620 for the Rosewood Court subdivision MOTION: To release $22,620.00. (Quinn - Flynn) All in favor. PASSES. Request from Necco Realty Trust and recommendation trom Dan Clifford, Subdivision Inspector, to release $41,020.30 for the Serena Way Estates subdivision MOTION: To release $41,020.30. (Quinn- Flynn) All in favor. PASSES. Letter to Barbara Orlando, Chairman, Mansfield Historical Commission, from William Williams, Town Manager, regarding nomination of the library /administration building to the National Historic Register Memorandum to the Planning Board from William Williams, Town Manager, with attached Historical Commission minutes A consensus of the Board was to send away to the Historical Commission for National Historic Building Register guidelines Letter to the Planning Board from Shaun Burke, Director of Planning and Development regarding the Capital Improvements plan for FY1993 -94 MOTION: To nominate Planner McClanahan as the Planning Board's representative. (Annino - Flynn) All in favor. PASSES. MOTION: To nomination Planner Flynn also as thei Planning Board's representative. (Annino - Quinn) All in favor. PASSES. Letter from Randall Moore of 154 Essex Street to the Planning Board MOTION: To respond to Mr. Moore's letter stating that anytime interested groups wish to discuss issues with the Planning Board they may call the Planning Office to put on the agenda. Also inform him of the various openings in Boards coming up. (Quinn - Flynn) All in favor. PASSES. Letter to Robert Swanson, Town Engineer /DPW Director, from Tim Higgins, Foxboro Town Planner, regarding Joanna Drive Extension Memorandum to William Williams, Town Manager, from Scott Leite, Health Agent; Robert Swanson, Town Engineer /DPW Director; Richard Lewis, Environmental and Conservation Planner; Shaun Burke, Director of Planning and Development, regarding Susan Brown Otis Street Land Gift Letter to Bruce Glazer, President, Mansfield Cable Access Corp., from Douglas R. Annino, Acting Chairman of Planning Board Memorandum from the Town Manager to the Board of Selectmen regarding nomination of the library /school administration building to the National Historic Buildings register the Park Row School A consensus of the Planning Board was to meet with a Municipal Building Committee representative to discuss the Park Row School on November 18 during the planning session Zoning Board of Appeals Recommendations Brancaccio - 15 Echo Hills Drive MOTION: To send a positive recommendation to the Zoning Board. (Flynn - Annino) (4 -0 -1) Planner Quinn Abstains. PASSES. John O'Connel - 1 Dean Street MOTION: To send a negative recommendation because the application strongly derogates from the intent of the Zoning By -Law because the existing non - conformity of the garage is being increased. Also, suggest the applicant consider decreasing the size of the deck in order to provide for a detached rather than attached deck. Zoning Board of Appeals Statement of Facts Mansfield Jeep Eagle Chrysler Plymouth - GRANTED Liberty Mutual - GRANTED Elizabeth Ryder - GRANTED SRPEDD - JTPG Meeting Notice Lincoln Institute of Land Policy AD: Leadership Resources for Public and Non- Profit Organizations Foxboro Public Hearing Notice AD: Subdivision Law Bulletin AD: Transportation Planning Handbook Invitation to SEED Meeting 11/12/92 Attleboro Public Hearing Notice OECD Recent Publications Easton Zoning Board of Appeals Public Hearing Notice Building Construction for October 1992 APA Booklet Journal of the American Planning Association Adjournment - (10,::115 P.M. Clerk's Signature Date o Approval