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Home My WebLink AboutPlanning Brd Min_1191994C� 1 i i' i PLANNING BOARD MINUTES JANUARY 19, 1994 PRESENT: Acting Chairman Flynn, Acting Clerk Annino PLANNERS: Bonda, Sullivan Shaun P. Burke, Director of Planning and Development Motion: To appoint Planner Flynn Acting Chairman. (Sullivan - Annino) All in favor. PASSES. 1. Meeting called to order at 7:30 P.M. 2. Joint meeting with the Conservation Commission on Waterbody Setback and Wetlands Protection Members from the commission were Chairman Greg Cauldwell, Marilyn Powers, David Oberlander and Kerry Wiedner. Mr. Burke said the Waterbody Setback portion of the proposal was pretty similar to the original, but that the Wetlands ( Protection part had changed considerably. In the proposal, that section is more restrictive because it includes the word "contiguous" when discussing the minimum lot area allowable in a wetland. The boards discussed the feasibility of coming up with a list of acceptable qualified wetlands experts to address the board during these discussions. Ms. Powers said according to the Conservation Commission's by -law, the person chosen had be acceptable to the board, and not necessarily "qualified." She suggested removing "qualified and adding "acceptable to the Planning Board." The boards then discussed the "high water line" and asked Mr. Burke to call Mark Bobrowski to find out how he defined that line. The boards came to a consensus to leave "contiguous" in the by -law when discussing minimum lot size in a wetland. Mrs. Powers said there could, however, be some adverse impacts on the environment. Mr. Cauldwell agreed, saying there should be some flexibility built in, for example if part of a lot wasn't quite big enough but would have less of an impact on the wetland than a larger piece of the lot, it may be a good idea to allow the smaller piece to be used. Acting Chairman Flynn suggested coming up with a general question to put on the warrant and working out the details over the next few weeks. The board decided to meet the following week, January 26, to continue the discussion. Conservation Commission members will also examine the Zone II amendments and discuss them as well. Motion: To put the Waterbody Setback and Wetlands Protection amendments on the warrant for the Annual Town Meeting with amendments. ( Annino- Sullivan) All in favor. PASSES. 3. Discussion East Street development Paul Folkman and Peter DeGirolomo came before the board with a preliminary plan for a piece of land on East Street they are considering using for a group of commercial buildings. Under current zoning, they were concerned they may not be able to follow through with their plans. The building inspector informed them that was true, and they were before the board to ask if there would be support for a commercial cluster, which is not currently allowed in the by -law. Mr. Burke said the site is zoned for commercial, but a project like this would have to be a special permit. Acting Chairman Flynn said this would be an important addition to the zoning by -law and suggested the Planning Board sponsor it. Acting Clerk Annino asked what downtown area. Mr. Burke said business, so it isn't a questioi it happen and what will it be. has had about huge businesses 1= squeezing out small business something like the cluster, the in what kind of businesses DeGirolomo's. impact this could have on the that site is already zoned for i of what impact, but when will He said the concerns the board _ke Wal Mart coming to town and could happen, and by doing board could make a difference locate in areas like Mr. Mr. Folkman said he would do some research on writing a by -law for a commercial cluster and bring it to the January 26 meeting. Acting Chairman Flynn said she thought zoning should come from the Planning Board, not the developers. She said she would rather wait until the next annual Town Meeting and have a year to work on the new by -law. Mr. DeGirolomo said he thought such a by -law would be a good idea no matter who it came from. Mr. Folkman then asked the board for a few more minutes, when he said he had been approached by Carl Nelson about reusing the old factory building on Spring Street for apartments. He said he was concerned they wouldn't be able to do that because multi- family isn't allowed in the underlying district. He requested the board consider adding something to the by -law to allow for a building that would fit all the criteria for older building reuse but is too bie for a duplex. He will return for a few minutes on January 26 to continue the discussion. 4. Street Acceptances Memo from Dan Clifford, Subdivision Inspector recommending 18 streets be accepted at Annual Town Meeting. Mr. Burke suggested the board vote to sponsor four streets; Van Gemert, Trowbridge, Erick and Dustin Court, Motion: To sponsor the above four streets and support the remaining streets. (Sullivan - Annino) All in favor. PASSES. 5. Warrant Articles 1. Mr. Burke said the Planning Board's five zoning articles planned for the Special Town Meeting do not automatically go onto the Annual Town Meeting warrant. Motion: To put the five Planning Board articles on the warrant for the Annual Town Meeting. (Sullivan - Bonda) All in favor. PASSES. 2. Amendments from the Great Woods Land Use Study Schedule of Principal Use Regulations Motion: To include 3.2.5 Earth Removal on the Annual Town Meeting warrant. (Sullivan - Annino) All in favor. PASSES. Motion: To include 3.4.6 Hospital, Nursing Home on the Annual Town Meeting warrant. (Annino - Bonda) All in favor. PASSES. Motion: To leave 3.5.8 Lodge and Club the way it is in the by -law. (Sullivan - Bonda) All in favor. PASSES. Motion: To leave 3.5.9 Funeral Home the way it is in by- the law. (Annino- Sullivan) All in favor. PASSES. Motion: To include 3.5.10 Veterinary Clinic /Animal Hospital on the Annual Town Meeting warrant. ( Bonda- Annino) All in favor. PASSES. Motion: To leave 3.5.11 Kennel the way it is in the by- law. (Sullivan- Annino) All in favor. PASSES. Motion: To include 3.3.4 Rooming House on the Annual Town hlnotina c,>arrnni' (Annino - Bonda) All in favor. Motion: To include 3.3.5 Multiple Residence on the Annual Town Meeting warrant. (Sullivan - Annino) All in favor. Section 5.4 (5.4.2 and 5.4.5) Floodplain was voted on at the last meeting and will go on the Annual Town Meeting warrant. Section 3.5.21 Home Occupation will require more discussion before the board reaches a decision concerning defining which are allowed. Section 4.3, Landscaping and Screening was voted on at the last meeting and will go on the Annual Town Meeting warrant. Section 4.4.4.9 Driveway Standards Motion: To change Section 4.4.4.9 Paragraph B to read fifty (50) feet in all districts. (Annino - Sullivan) All in favor. PASSES. Suggestion to change the wording in Paragraph C to read " thirty (30) feet in any other district." and "the combined total width may be..." Change the beginning of Paragraph D1 to read "In Industrial and Business Districts,..." and 2 to begin the same way. Motion: To include Driveway Standards on the Annual Town Meeting warrant as amended above. (Sullivan - Bonda) All in favor. PASSES. 3. The board decided to leave Pre - Existing Non - Conforming Uses and Structures tabled. 4. Planning Board Filing Fees Subdivision Fees - Planner Sullivan suggested leaving the per lot fee at $100 instead of the suggested $150 and keeping the suggested $100 filing fee. Mr. Burke suggested adding per additional/ revised lot and per additional /revised road to the Modification Fees. Zoning Fees - Planner Sullivan suggested 1.5 C per square foot instead of the suggested 2C per square foot. Motion: To accept the filing fees as revised above. (Sullivan - Annino) All in favor. PASSES. 6. Correspondence 7 Ell 1. Memo from William F. Williams, Town Manager, RE: Cancellation of Special Town Meeting. 2. Letter to Mr. Burke from Ralph Maloon, RIM Engineering, RE: Stearns Hill sewer modification hearing. 3. Copy of letter from Leonard Flynn to John Pobst, SRPEDD RE: Mansfield Train Station. 4. Memo from William Williams to CIP members RE: attendance. 5. ZBA variance application Richard and Paccione. Motion: To send the ZBA a negative recommendation on the use variance and a positive recommendation on the side and front yard setbacks. (Sullivan - Annino) All in favor. PASSES. 6. ZBA variance application DiMascio Motion: To send the ZBA a negative recommendation because the lot doesn't meet the required size. (Annino- Withdrawn Motion: To send the ZBA a positive recommendation due to the stream being a hardship to the land. (Sullivan - Bonda) Two in favor, one opposed, one abstention. PASSES. 7. Planning Board minutes December 16, 1993. 8. Planning Board minutes January 5, 1994. Motion: To approve the minutes of January 5, 1994 as written. (Sullivan- Flynn) All in favor. PASSES. 9. Letter from Joel Bard, Special Counsel RE: Rosemont litigation. Around the Table Planner Sullivan asked if the Board of Selectmen were going to appoint a replacement for Mr. Cadden's position soon. The board requested Mr. Burke write the Selectmen a letter requesting a replacement. Planner Bonda asked if the Stearns Hill sewer had been figured into the East Mansfield betterment. Mr. Burke said it had not because it was too far from the end of Bonney Lane. Adjournment (Sullivan - Bonda) All in favor. PASSES. Date of next meeting: January 26, 1994 7:00 P.M. /z�1Y Sig ture o Clerk Date of Approval