HomeMy WebLinkAboutPlanning Brd Min_381995PLANNING BOARD MINUTES
MARCH 8, 1995
PRESENT: Chairman McClanahan, Clerk Sullivan
PLANNERS: Bonds, Dolan, Flynn, French, Trombetta
Shaun P. Burke, Director of Planning and Development
1. Meeting called to order at 7:30 P.M.
2. Discussion with State Representative Barbara Hyland
Motion: To appoint Planner French Acting Clerk
(Dolan - Bonda) All in favor. PASSES
3. Correspondence
1. Memo from Michael McClanahan to the Board of
Selectmen RE: Time on Selectmen's Agenda
2. Memo from Shaun Burke to Planning Board RE: Whitetail
Lane Mr. Burke explained the street was inadvertently left
off Town Meeting warrant, is complete, and needs a
sponsor.
Motion: To have the Planning Board act as sponsor of
Whitetail Lane at Town Meeting
(French - Dolan)
Planner Flynn said she was concerned the Board of
Selectmen would blame the Planning Board for the street
not being on the Annual Town Meeting warrant and would
prefer the Selectmen sponsor the street.
Acting Chairman Sullivan suggested adding to the motion
the street was on the Spring 94 warrant and not acted on,
and was inadvertently left off of this warrant, therefore
the Planning Board is willing to sponsor it.
Motion Amended as suggested by Acting Chairman Sullivan.
All in favor. PASSES
3. Memo from Mr. Burke to
Michael Trowbridge RE: Carlton Estates sight distance.
Mr. Burke explained he had spoken with the developers, who
said when West Street was overlaid, it was widened, so
when the Town Engineer shot the sight distance, the street
had changed and the measurement was different. The
developers told Mr. Burke they would regrade as much as
possible if the Town Engineer were willing to re -shoot the
sight distance with them. They added, however, that if a
large oak tree were the problem, there was nothing they
could do with it, since the tree is on private property.
This solution was acceptable to the board.
4. Letter to Tech Realty Trust RE: Cedar Ridge Lane
settlement. Mr. Burke explained a town sander had used
the subdivision road to turn around, and the road gave way
underneath it. He said the developers plan to do
compaction tests. Mr. Burke added two building permits
had been granted and he was concerned about construction
vehicles and other traffic traveling in the subdivision.
5. Minutes February 22, 1995
Motion: To approve the minutes as written
(Dolan- Bonda) Four in favor. Two abstentions.
PASSES
6. Minutes March 1, 1995
Motion: To approve the minutes as written
(Bonda- Dolan) Three in favor. Three abstentions.
PASSES
7. Memo from William Williams to Planning Board
RE: Time on Planning Board agenda
2. Discussion with State Representative Barbara Hyland continued
Acting Chairman Sullivan thanked Representative Hyland for
coming, since growth is such an important issue in Mansfield.
He said there were three issues the board wanted to discuss;
the Gilbert Street bridge, day care centers, and impact fees.
Gilbert Street Bridge: Acting Chairman Sullivan said the idea
of a truck exclusion on Gilbert Street had been brought up and.
said the board was hoping for Representative Hyland's input
and support if the bridge were reopened.
Representative Hyland said she had been in touch with Mass
Highway, who said the design is at 100 percent, construction
costs are estimated at $500,000, and they plan to put out to
bid in May.
Chairman McClanahan arrived at this point.
Representative Hyland showed the board a copy of a letter from
Mass Highway to Town Manager William Williams saying they were
( willing to consider a truck exclusion and requesting
additional information. She said the next step would be to
submit that information. Representative Hyland also explained
she had spoken to highway representatives about their
interacting with residents, and they promised to work on it.
Public Comment
Karl Clemmey, 390 West Street asked where the truck exclusion
would cover and was told Gilbert Street to the intersection of
Bungay and Balcom Streets, Mr. Clemmey said the town has a
power plant in the area and asked if those trucks would be
excluded. Mr. Burke explained that would not be through
trucking, it would be local activity. Mr. Clemmey said there
were 50 acres zoned I -2 in the area and asked if they would be
turned into residential land. Mr. Burke told him a lot of
that is town land, with a few other industrial uses, and
reiterated the difference between through and local trucking.
Peter DeTrolio, 496 Elm Street was concerned a truck exclusion
would cause more traffic on Elm Street. Planner French said
car traffic would likely go back to Gilbert Street. Mr.
DeTrolio agreed, but said all the truck traffic would come
down Elm Street to go to School Street.
Dick Shehan, 355 Otis Street said Norton and Attleboro have
truck exclusions. Mr. DeTrolio said neither work. Mr.
Sheehan suggested that by restricting trucks in the area, they
may take other routes entirely, out of Mansfield.
Mr. Clemmey suggested instead of restricting trucks, the
requirement reference weight.
Day Care Centers: Mr. Burke explained recent changes in
Chapter 40A of the Zoning Act made child care facilities an
accessory use, with towns unable to regulate or require
special permits. He said while the change was well -
intentioned, Mansifeld has had a huge increase in day care
facilities, with close to 70 in town, and no way to regulate
their location, hours of operation, etc. Clerk Sullivan said
the board was concerned about turning single family homes into
commercial uses in residential areas.
Representative Hyland said because day care is covered by
state law, the regulations can't be changed at the local
level. She said language is needed to differentiate home -
based day care facilities and those that have turned into true
businesses in residential zones. Mr. Burke agreed, saying
there should be a separate set of rules for each use.
Representative Hyland asked how changing the law so towns can
control these facilities would effect the ones in existence.
Chairman McClanahan said they would likely be grandfathered.
Representative Hyland suggested they should be specially
zoned, with a special permit to operate as a business with
restrictions. Planner Flynn said if the language were in
place, regulating would be under the jurisdiction of the
Planning Board and ZBA, and inspections would be through the
Building Inspector. Representative Hyland said she would
contact EOCD to develop language which would apply fairly. 4.
�s Public Hearing - Back Bay Circle - Continued
The clerk read a letter from the applicant requesting the
public hearing be continued to April 19, 1995 with a final
Planning Board action date of May 11, 1995.
Motion: To continue the public hearing on Back Bay Circle
until April 19, 1995 with an extension of the Planning
Board's final action date until May 11, 1995.
(Sullivan- Flynn)
Planner Flynn was concerned about the number of continuances
developers have been requesting, saying she didn't want the
public hearings to go on too long without the board knowing
what the developers were planning. Chairman McClanahan
suggested sending the developers letters informing them of the
board's concerns.
Motion Amended to reflect Chairman McClanahan's suggestion.
All in favor. PASSES
2. Discussion with State
Representative Barbara Hyland Continued Impact Fees: Mr.
Burke explained he got the format for the impact fee petition
from the legislature's house counsel. He said the process
would involve identifying and assessing the costs of new
construction on capital needs, and putting together a formula
to break out the costs. The fee would be set by the Board of
Selectmen and a comprehensive study would be done. The money
l would go into separate accounts to be used for specific
capital improvements, with the money being returned if unused.
He explained this would be a one -time fee, not a tax.
Representative Hyland said many towns are looking into doing
the same thing.
8. Memo from William Williams RE: Professor Mullin report
9. Letter from Mr. Burke to William Williams RE: Cedar Ridge
Lane settlement
10. Letter from Mr. Burke to Tech Realty Trust RE: Cedar
Ridge Lane settlement and building permits
11. Letter from Tech Realty Trust to Mr. Burke RE: Cedar
Ridge Lane settlement
12. Letter from Catherine Gray RE: 888 South Main Street
parking site plan
13. Letter from Mr. Burke to Catherine Gray RE: 888 South
Main Street parking site plan
6. Around the Table
Clerk Sullivan asked if it was possible to do a zoning clause
to be limited just to day care centers. Mr. Burke said it
probably wouldn't work for just day care centers. Clerk
Sullivan noted the law says the Planning Board can require
"reasonable" things, like parking. Mr. Burke said he would
feel more comfortable making them special permits, but
understood the change was made to allow a wide - spread use.
Planner French suggested sending Representative Hyland a
letter thanking her for her attendance, input and assistance.
Chairman McClanahan told the board he had gone to a Board of
Health meeting with some questions regarding a development,
and was not there representing the Planning Board. He said he
wrote to the Board of Health explaining that, and apologized
for any inconvenience he may have caused the Planning Board.
Planner Flynn said it was important he use care in going
before other boards. She had received calls asking why the
Planning Board was interested in what the Board of Health did.
Planner Flynn also said she thought the board was going to
send the Selectmen a letter about the proposed Planning
Department move, asking whether it was a policy decision and
explaining the negative impact of the move on the public.
Motion: To send the Board of Selectmen, individually and as a
board, a letter asking whether the move was a policy
decision, explaining the importance of communication
between the Planning and Building Departments and the
impact of the move with a copy to the Town Manager
(Flynn - French) All in favor. PASSES
The board discussed getting on the Selectmen's agenda to
discuss the issue in person. Mr. Burke had sent them two
requests, and had heard nothing. The board discussed going to
the questions and Answers portion of the meeting.
-7• Adjournment
Motion: To adjourn at 10:00 P.M.
d
Date of next meeting: March 1 15, 1995 favor.
1995atP7:00Sp.M.
A
Signature of Clerk
Date of Approval