Loading...
HomeMy WebLinkAboutPlanning Brd Min_3131996PLANNING BOARD MINUTES o� MARCH 13,1996 e PRESENT: Chairman French, Clerk Sullivan PLANNERS: Benda, Dolan, Flynn, McShane L J Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. Motion: To appoint Planner Dolan Acting Clerk ( Bonda- Flynn) All in favor. PASSES 2. Public Hearing - Auto Repair - 30 Winthrop Street The clerk read the public hearing notice. Applicant John Glenn explained he would be renting space at 30 Winthrop Street, which is zoned commercial. He said most of his work would be done off - premises, the garage would be used for big jobs, and there would be no outside work done on site. Bill Madan, owner of 30 Winthrop Street, told the board his engineer advised him to permit all three bays on the building for auto repair while permitting this one. Clerk Sullivan asked if the building is still cold storage, as it had been when Mr. Madan did a site plan for the land a few months before. Mr. Glenn said it is still cold storage, but he could have heat installed, probably an oil space heater hung 12 feet off the floor. Mr. Madan said he did not think any noise from Mr. Glenn's business would effect the neighbors, who he said have no complaints as long as there is no outside storage and no addition to the existing building. He also told the board he had a tenant -at -will arrangement with Mr. Glenn. Board Comment Planner McShane asked what is on the other side of the private way shown on the plan. Mr. Madan said it is Avon Street, with six houses, but there is no access to the street from his site, and there is no residence directly across the street from his site. Planner McShane asked if Mr. Glenn's business would require additional parking. Mr. Glenn said it would not, adding there would be no surplus oil on site, as he has a 55- gallon drum he will have removed periodically. Mr. Glenn also told the board he would like to put a 12x18 sign on the fence advertising his business. Acting Clerk Dolan said he was concerned about outside storage of vehicles. Mr. Glenn said he will not be doing that. Mr. Madan reminded the board there is also a car dealership on the site, so there will be cars outside which are unconnected with Mr. Glenn. Acting Chairman Sullivan asked about sanitary facilities. Mr. Madan said they are available in the main office building and will be accessible. Mr. Burke told the board this is a permitted use within the structure, and showed the board a draft decision. Mr. Madan said he had no objections to regulating the times of operation, but asked if Mr. Glenn would be allowed to to do paperwork and other items which did not make noise? Chairman French arrived at this point, 7:45 P.M. Acting Chairman Sullivan suggested limiting the times of vehicle repair from 7 A.M to 7 P.M. Planner McShane asked where the green cards from the certified mailing to the abutters were. Mr. Madan said no certified mailing was done to the abutters. Acting Chairman Sullivan suggested readvertising and rescheduling the public hearing until after the abutters have been notified. Motion: To close the public hearing, readvertise, and reschedule until after the abutters have been notified. (Dolan - Bonda) All in favor. PASSES Mr. Madan asked if Mr. Glenn would have to pay another filing fee. Mr. Burke said there would be no need to refile and pay another filing fee because due to the procedural defect, the public hearing has not legally taken place yet. 3. Correspondence 1. Letter from Wynn and Wynn RE: Appeal of Planning Board finding - Park Row Parking Mr. Burke suggested retaining counsel to explain the Planning Board's decision before the Zoning Board of Appeals. Motion: To retain Mark Bobrowski, Esq., as counsel to represent the Planning Board before the Zoning Board of Appeals. (McShane - Sullivan) All in favor. PASSES 4. Public Hearing - Rezoning of Abandoned Garden Street - Edward Benson The clerk read the public hearing notice. Applicant Edward Benson said Garden Street has been abandoned by Town Meeting, and in September 1995, Town Counsel determined the Bensons own that land. He explained the zone line runs down the middle of the street, but since it isn't really a street anymore, the line should go down one side. His proposal is to run the zone line down Pleasant Street out to Route 106, moving it 19 feet west for a distance of 200 feet. Mr. Burke said the Planning Board had done a public hearing on this issue in September 1995 and voted to support the zoning change. However, since six months had elapsed between the vote and Town Meeting, there had to be a new public hearing. Mr. Benson said the zoning change would not effect any other property in the area. Motion: To close the public hearing and support the citizens' petition to move the zoning line to the center of abandoned Garden Street to the western edge and rezone to Residential 3 (Sullivan - Flynn) All in favor. PASSES 3. Correspondence Continued 2. Memo from Lee Azinheira, Town Engineer, with revised downtown parking plan. Mr. Burke suggested the board check to be sure the items requested were included, mentioning there had been some public concern about loss of green space and the parking lot becoming a hangout. Motion: To send the Town Engineer a letter informing him their concerns had been addressed, requesting he note how the site drains into the existing catch basin, and advise him to proceed with the formal site plan application process. (Sullivan- Dolan) Planner McShane told the board he was opposed to the plan, as it is inconsistent with the discussions of the Master Plan Committee and its vision for downtown. Four in favor. Two opposed. PASSES 5. Public Hearing - Noise Definition and Standard - Karl Clemmey The clerk read the public hearing notice. Mr. Clemmey explained the petition is basically the same the one he presented last year, but with the acceptable decibel level lowered to 87 and with an exemption for town- sponsored activities. Public Comment Phil Gengera, 5 Lewis Road, was concerned the by -law does not allow anything above 87 db for more than 20 minutes, saying it takes longer than that for him to mow his lawn. He asked if this would make backyard parties illegal. Planner Dolan explained that if the neighbors complained, it would be considered disturbing the peace, which is illegal and a police matter. Planner Dolan agreed the standard should be stricter at night than during the day. Planner McShane noted the proposal specifically discusses amplification of music, but said he did not see that it would capture anything else. He asked Mr. Clemmey if that was his intent. Mr. Clemmey said yes. Planner McShane was concerned the by -law supplied a narrow definition of noise as it pertains to musical events. Mr. Gengera objected to a definition that narrow, saying it would not cover, for example, his neighbor running a chainsaw at 2 A.M. Planner Dolan said this would not give anyone the right to do that; that would be disturbing the peace. Planner McShane asked Mr. Clemmey to give some examples of events or establishments this by -law would cover other than the Great Woods Center for the Performing Arts. Mr. Clemmey told him it would cover a band or loud party that got out of hand. He said the town currently has no laws governing noise levels. Planner McShane asked if the intent was to regulate Great Woods; Mr. Clemmey said it was not. Planner McShane asked why the by- law had been written so narrowly, mentioning at last year's public hearing, someone had been concerned about a manufacturing facility. Mr. Clemmey said the by -law could be amended. Planner McShane asked how frequently the db level exceeds 87 at the Great Woods property line. Mr. Clemmey told him Bruce Montgomery of Great Woods said the facility does not exceed 82 db and has documentation. Robert Lynch, 382 Elm Street, said he was opposed to the municipal exemption, which he said sets a separate standard for the rest of the town, and the Town should adhere closely to the standards. He said measurement of sound is complicated with a lot of variables, and did not think the police would be driving around town with db meters, which are sophisticated instruments. Mr. Lynch added that the by -law wouldn't really pertain to Great Woods because that is an established business. Lou Amoruso, 6 Brookside Road, said he is against the article, but not necessarily the idea. He said the way this specific by -law was written is ineffectual and sends a negative message to businesses which make noise, adding he sees no difference between 87 and 90 db. Chairman French said he reads the last paragraph as pertaining to residential areas, not commercial or industrial areas, with 85 allowed at the residential property line and 87 at other zone lines. Mr. Gengera asked if that is true, and Great Woods' noise doesn't enter into a residential zone, can the facility make as much noise as possible? Mr. Clemmey said if the noise goes into a residential area, the by -law can be enforced. Jim Bilodeau, 15 Lancashire Drive, said he supported the by -law last year, but is against it now. He said it seems to read that an acceptable noise.level in the evening is 85 db, which he said is the level described as painful to the ear and the level at which OSHA starts to regulate. Mr. Bilodeau said he agrees with the concept of some way of controlling noise as the town grows, and mentioned at Town Meeting last year, the Board of Health said it was going to work on its own noise by -law. Ralph Penney, 336 Maple Street, said as the town grows, there is a need to look at a by -law like this, but close attention should be paid to wording. He said the police can enforce a public nuisance, but that is discretionary, and this would put forth an acceptable, measurable level. He noted that measuring devices are subject to weather conditions. Board Comment Clerk Sullivan said something is needed, and the police will not enforce disturbing of the peace for commercial operations, and they no longer record Great Woods complaints. Planner Dolan agreed, but said he could not support the article as written because it is unenforceable. Planner McShane was opposed to the by -law and said it should be a policy decision reached in a rational way, with an inventory of the noise in town taken to figure out the correct thresholds. He said this by -law seemed to be aimed at a single entity. Mr. Burke said he was troubled by some of the phrases, including residential area vs. residential zone; a residential zone can be shown on a map, but a residential area is not that concrete. He agreed with the need to regulate noise, but said there should be town -wide applicability. Mr. Burke explained to the board that according to MGL Chapter 40A Section 5, when an article fails at Town Meeting, it cannot be brought back to Town Meeting without a positive recommendation from the Planning Board. Clerk Sullivan said db levels can be easily read off an instrument and be accurate if the instrument is calibrated properly, without the need for special training. He said Great Woods is a noise problem, and this would cover and extend beyond that. Planner McShane asked if there was an opportunity for this article to get to Town Meeting without the board's support. Mr. Burke said no. Mr. Gengera asked if the public could request the board study the noise question. Chairman French said the public could ask the board to get involved, and the board can decide if it should, or if it is in the Board of Health's domain. He wondered if it should be a zoning ordinance or a Board of Health ordinance, and asked if Great Woods is a pre- existing use, would it be exempt from a zoning ordinance? Mr. Clemmey said it is time for the town to do something, and he plans to keep coming back with the by -law, so the Planning Board should work on it. He explained he had gone to the Board of Health and was told to come to the Planning Board under the zoning by -law. Planner Dolan said he thought sound should be a Board of Health issue, and this by -law is too ambiguous and too selective. He agreed something should be done about noise, but it should be done be someone with the expertise, adding he did not feel qualified. Peter DeTrolio, Elm Street, said he thought Mr. Clemmey was trying to say someone should tackle the problem, and the Board of Health and Board of Selectmen will not. He said he did not support the proposal, but thought there should be something to protect the residents. He suggested finding out where the responsibility lies, and thought it should be with the Board of Selectmen, since they issue permits for facilities like Great Woods. Mr. Amoruso said this by -law would not effect pre- existing businesses like Great Woods. He said sound enforcement should go through the Board of Health, which could set regulations for future businesses. Planner Flynn said she did not think Mr. Clemmey's statement that Mr. Burke had not done his job by not bringing a noise by -law to the board should be in the public's mind; it is not his responsibility, it is the board's. She said she is opposed to the by -law because it is poorly thought out and written, but said it may be time to look at something, but it should be reasonable and well thought out. If the Planning Board decides it is the board to do it, she said it should get a consultant and it should not be in the zoning by -law. Chairman French agreed with Planner Flynn's comments about Mr. Burke and agreed the zoning by -law is.not the right place for this; it should be with the Board of Health. Clerk Sullivan suggested making the acceptable noise level part of permitting. Planner Dolan asked if other town's noise regulations are part of the zoning by -law. Mr. Clemmey said they were all in the zoning by -law, and said Mr. Burke knows about noise by -laws from the town in which he used to work. Mr. Burke asked Mr. Clemmey to which town he referred, which Mr. Clemmey did not name. Mr. Burke said Mr. Clemmey was implying he had lied to the audience and the board, which is grossly inaccurate. Motion: To close the public hearing (Sullivan- Flynn) All in favor. PASSES Motion: Not to support Article 45 with amendments at Town Meeting (Flynn - McShane) Planner McShane said he was not adverse to the Planning Board working on this, but did object to the by -law being so focused on a single business. He said the board should not be intimidated by this issue because it is easier than other things it does. Clerk Sullivan said something has to be done, and should have been done since Great Woods opened up. Planner McShane asked about a Town Meeting article for funding a study. Planner Dolan said this is not a town -wide article, it is a Great Woods article. He said it should be a Board of Health issue, and if that board isn't doing anything, the Board of Selectmen should do it, or make the Board of Health do it. He told Mr. Clemmey he couldn't just pick a board and try to make them do it, saying he was willing to support an appropriate study for the town. Planner McShane asked if it would be appropriate for citizens to propose a study at Town Meeting. Mr. Burke said it would, if it came in as a warrant article. Planner McShane said he did not think a study could be done in -house and suggested a warrant article to appropriate some funds. Five in favor. One opposed. PASSES 3. Correspondence Continued 3. ZBA applications for variance: 1. West Street -Swanson Motion: To send the ZBA a negative recommendation because of concern about the proposed deck's proximity to the water in an already congested area. (Flynn- Sullivan) Two in favor. Four opposed. FAILS Motion: To send the ZBA a positive recommendation because the full utilization and enjoyment of the property will not impact abutters, since the applicant owns the abutting property. (McShane - Dolan) Four in favor. Two opposed. PASSES 2. Linden/Park Streets - McCauley Motion: To send the ZBA a negative recommendation because the application substantially derogates from the intent of the zoning by -law. (Sullivan - Bonda) All in favor. PASSES 3. Bird Road -MacDonald Motion: To send the ZBA a positive recommendation because with 197 and not 200 feet of lot width, the application conforms with the intention of the zoning by -law. (Sullivan - Bonda) All in favor. PASSES 6. Form A (ANR) Plans Rock /Cottage Street - Michael McClanahan Both lots, in the R3 zone, meet zoning requirements Motion: To sign the Form A (Sullivan - Dolan) All in favor. PASSES ( 7. Around the Table Planner Flynn asked if Mr. Burke had heard from Attorney Mangiaratti on the day care issue. Mr. Burke said he had not. Planner Bonda asked if Rep. Hyland had informed Mr. Burke as to whether the proposed legislation on day cares had passed. Mr. Burke said he would contact her to check on that. Planner McShane asked about the status of the soccer bubble. Mr. Burke said he visited the site with the Building Inspector, and they saw no reason not to do the landscaping in the parking lot, but said it was likely the trees right next to the bubble would not be installed for security reasons. Mr. Cook said there was still a temporary certificate of occupancy because the landscaping was not completed and he had not received a final certification from the architect. Planner McShane was concerned about the effect of expansion on this issue. Mr. Burke said they have been told that if they plan to expand, the landscaping better be taken care of first. He also said once the two bubbles are connected, the whole site will have to conform to the new landscaping requirements. Planner Dolan asked about the progress with Eastleigh Estates. Mr. Burke told him he had been in contact with the insurance company's construction estimator, who will be coming out next week for a site visit. Chairman French asked if, in the future, the board could require cash, and not bonds, for surety. Mr. Burke said the by -law calls for any negotiable instrument, and he did not think the board could refuse a bond from a qualified company. Planner Dolan asked about the wisdom of hiring special counsel on the Park Row parking issue when the board already had an opinion from Attorney Mangiaratti. Mr. Burke said it did not matter if the two agreed or not; special counsel would be defending the Planning Board's decision. 8. Adjournment Motion: To adjourn at 10:15 P.M. (Dolan - Bonda) All in favor. PASSES Date of next meeting: Wednesday, March 27, 1996 at 7:30 P.M. P Signa %lerk Date of Approval