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HomeMy WebLinkAboutPlanning Brd Min_581996PLANNING BOARD MINUTES „ May 8, 1996 PRESENT: Chairman French, Clerk Sullivan °5 !,'4 '. 1'_ t'� PLANNERS: Bonda, Dolan, Flynn, McShane, Penney Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. ` 2. Public Hearing - Planning Board Filing Fees The clerk read the public hearing notice and a memorandum from Mr. Burke. Public Comment Karl Clemmey, 390 West Street, asked when the board had discussed this issue. Chairman French explained the board had looked at three options and decided a 15 percent increase would be fairest several weeks ago, after the Finance Committee asked the board to look at increasing fees to go along with increases in overhead.. Mr. Clemmey noted the increase does not include cluster or compound residential development. Mr. Burke explained those items are special permits, with the fees set by the Board of Selectmen. Mr. Clemmey said several members of the Planning Board attended the previous week's water workshop with the Board of Selectmen, and water expenses should be part of the filing fee. Mr. Burke explained the board had looked at its fees and increases in the operating budget over the last few years, and the fact that several departments review the plans. He said since fiscal year 93 -94, the municipal budget has gone up 18.7 %, while the filing fee increase is for 15 %. Planner Bonda arrived at this point. Mr. Clemmey mentioned the board had recently wanted to give a waiver for a cluster filing fee, but here the board wants to increase the filing fee for subdivisions. He said the fee should be an across - the -board one, not different for different types of development. Chairman French reminded Mr. Clemmey that was a specific situation involving a previously approved subdivision. Planner McShane arrived at this point. Planner Penney said this public hearing was to discuss a 15 percent increase in Planning Board fees, and asked Mr. Clemmey if he was in favor or opposed. Mr. Clemmey said he was opposed, and cluster /compound fees should be the same as traditional subdivision fees. Mr. Burke explained the Board of Selectmen controls special permit fees. Chairman French said the board was trying to make developers pay the cost of the services they use. Clerk Sullivan suggested it may be worth making a recommendation to the Board of Selectmen on changing special permit fees to be more consistent with Planning Board fees. Chairman French said there should be a way to encourage cluster and compound development. Motion: To close the public hearing (Bonda- Flynn) All in favor. PASSES Motion: To support an increase of 15 percent in the Planning Board's filing fees as presented effective as of this vote. (Flynn- Sullivan) Planner McShane asked about cluster /compound fees. Mr. Burke explained that is a separate fee schedule, but the Planning Board can make a recommendation to the Board of Selectmen, who can change those fees. All in favor. PASSES 3. Correspondence 1. Minutes April 23, 1996 Planner Penney asked the board's request that Mr. Maloon return with plans for Stearns Hill modification be added, and his comments about the Stearns Hill Estates sewer be amended to indicate betterment costs had to be increased. Motion: To approve the minutes as amended (Penney- Sullivan) Six in favor. One abstention. PASSES 2. Letter from SRPEDD RE: Rep to SRPEDD Commission Motion: To reappoint Leonard Flynn (Dolan - Sullivan) All in favor. PASSES 4. Public Hearing - Accessory Apartment - 445 North Main Street - DeGirolamo The clerk read the public hearing notice. Edward Valanzola, attorney for the applicant, explained an older couple currently lives in the house with a 400 square foot garage, which the DeGirolamos propose to expand and convert to an accessory apartment for their son, Brian. Attorney Valanzola said the site may need a variance, since it has less than the required 2,000 square feet, but it otherwise complies with the zoning by -law. The accessory apartment will be connected to sewer and water through the main house, and the driveway has sufficient off - street parking for both units. The clerk read letters from the residents and abutters in support of the application. Public Comment Abutter Mary Cowan asked how this would effect her property, and was told the work would be done with a minimum of interference to the abutters, with no plans to enter abutting properties. Board Comment Planner Penney said one of the requirements of the accessory apartment by- law is that the owner resides on the premises and one of the residents is at least 55 years old. He asked how that is enforced and whether it would be on the deed. Attorney Valanzola suggested that could be made a condition of the special permit as a local zoning issue. Planner Bonda asked if the chain link fence and plantings shown on the plan exist, and was told they do. She asked who the property owners are. Attorney Valanzola explained the DeGirolamo brothers own the house, but will be selling it to David, Nancy, and Brian DeGirolamo. Planner McShane asked about the relationship between Brian and the current residents. Brian explained he had been discussing this with them over the last few years. Planner McShane was concerned the house still look like a single family. Attorney Valanzola said they don't plan to change the footprint of the existing garage, but will construct a small addition to look like part of the garage. Planner McShane asked how close the addition would be to the abutters. Attorney Valanzola said one corner would be within two or three feet of the property line, but the nearest houses would be about 60 feet from the addition. Clerk Sullivan asked if sewer and water would be extended to the addition. Attorney Valanzola explained they would be, with no need for a street cut. Clerk Sullivan said he was concerned about the issue of title and ownership. Mr. Burke explained this is a Business One zone, and this could be an application for a multi - family dwelling. He said the applicant was right to come to the Planning Board before going to the Zoning Board of Appeals, since if no special permit is issued, there would be no point in getting a variance. He told the board the house and garage would become one building when the apartment is completed, and will then conform with the area requirement. Chairman French asked if the lot conformed to area requirements with the addition. Mr. Burke said it did, as there are no lot line requirements in that zone. Planner McShane asked how this complied with the condition of the by -law saying there will be no enlargement of the existing structure. Clerk Sullivan said section 3.9.9.2 says there will be no enlargement except for minimum additions to comply with building and health codes. Attorney Valanzola explained the addition would be for a kitchen and bath. Mr. Burke said the structure would not be habitable without these items. Planner McShane said the way he reads the by -law, the apartment cannot be done without meeting all the requirements, one of which is no additional construction. Attorney Valanzola said the addition would be for the bath and kitchen, and without the addition for these, the project would be impossible. Motion:To close the public hearing(Sullivan- McShane)AII in favor. PASSES Clerk Sullivan said he was leaning toward approval with the conditions the title is transferred to Brian, the kitchen and bathroom go in the addition to satisfy section 3.9.9.2, and a variance is obtained for the area requirement. Planner Bonda was in support of those conditions. Planner McShane said he thought the intent of the section was to provide a place for elderly people to live, either with their own families or others. Clerk Sullivan noted the by -law says nothing about the person over 55 years be related to the owner. Mr. Burke explained when the by -law was adopted in 1989, the age clause was added as an effort to provide housing or the ability to rent for those over 55. There had been concerns about multi- family new construction being called single family under this, but Mr. Burke said this is not new construction, and the addition is to conform to building and health codes. The 2,000 square foot requirement was in the by -law when it was adopted, and if the area of the garage is added, the structure is only 30 feet short. The addition gives the additional required area. He explained this is in a downtown zone where multi- family is allowed, so this application could be have been for three units. Planner McShane asked if the title would be acceptable with Brian and his parents listed as owners. Mr. Burke said yes. Planner Penney said he agreed with Mr. Burke, as he had heard concerns from abutters, but no opposition. Motion: To grant a special permit for the conversion of the garage to an accessory apartment with the conditions that the addition be used for a kitchen and bath to comply with Section 3.9.9.3 of the zoning by -law, that Brian DeGirolamo be named on the title, and subject to the grant of a variance from Section 3.9.5 for area requirements. Further, this special permit is granted in accordance with the provisions Of the Zoning By -Law of the Town of Mansfield and is subject to all of its regulations unless specified otherwise in this decision. It shall be the sole responsibility of the applicant and /or his or her agents to obtain building permits, and all other necessary permits or approvals required by other Town, State, or Federal Laws and Regulations. The Building Inspector is hereby authorized to grant a permit in accordance with this decision upon presentation or evidence that this permit has been duly recorded at the Bristol County Registry of Deeds. Appeals, if any, shall be made pursuant to Section 17 of Chapter 40A of the Massachusetts General Laws and shall be filed within twenty (20) days after the decision of the Planning Board has been filed with the Town Clerk. (Sullivan- Penney) Planner Penney - In favor. This is in the Business 1 zone in an older part of town, and there has been no abutter opposition, and the application seems to meet the zoning by -law Planner Flynn - In favor. The application meets the zoning by -law. Planner Bonda - In favor. The application meets the zoning by -law. Planner McShane - In favor based on the support of the inhabitants and abutters, and the explanation given of its conformance. Clerk Sullivan - In favor. With the conditions, this meets the zoning by -law. Planner Dolan - In favor for the above stated reasons. Chairman French - In favor. The application meets the zoning by -law. All in favor. PASSES 5. Public Hearing - Scenic Road - Oak Street - Conservation Commission The clerk read the public hearing notice and a letter of explanation from Richard Lewis, Conservation Agent. Mr. Lewis explained the area is currently a catch -all for trash and dumping. He said the stone wall and larger trees on the island will be retained, with the brush and bushes in the middle being removed and some thinning of three clumps of smaller trees in the back. He said the Commission's goal is to clean out the area before the parking lot goes in across the street. Loam will be taken from the parking lot and added to the island, which will be seeded, and they hope to eventually get organizations, such as the Boy Scouts, to help maintain the area. Planner Dolan asked about parking. Mr. Lewis explained the conservation restriction allows parking one half hour before sunrise until one half hour after sunset, with gates at either entrance to the parking lot, and the DPW has plans to resurface Oak Street. Clerk Sullivan asked exactly what would be removed. Mr. Lewis explained the clumps shown on the plan with clouds around them will be removed, and the rest pruned. He said the area is fairly level, and the loam will be removed from the parking lot area and gravel added, with the grades staying the same. Planner McShane said he had no problems with the plan as presented. Mr. Burke showed the board a draft decision, saying the thought granting the permit would be in the public interest. Motion: To close the public hearing. (Sullivan - Bonda) All in favor. PASSES Planner McShane asked if no stone walls would be disturbed, should the section about the board finding that stone walls wouldn't need to be altered be removed? Mr. Burke explained the board should find that no stone walls shall be removed. Planner Dolan agreed, saying it should be included in the decision. Motion: To approve the scenic road application (McShane- Penney) All in favor. PASSES 3. Correspondence Continued 3. ZBA applications for variance - Conservation Commission for Sections 4.4.4.5 and 4.4.4.6 to allow for an upaved parking area and an identification sign larger than allowed (4'x8') and the Scott /Goyea Conservation land. Motion: To send the ZBA a positive recommendation (Penney - Bonda) Planner Flynn was opposed to the variance, saying the town shouldn't put up a sign that big to identify a conservation area. She said the town is obligated to adhere to the standards it requires everyone else to meet. Mr. Burke said normally, he would agree with her, but this is different because no profit motive is involved other than meeting state grant requirements. Planner Flynn said the state does not set the sign size. Planner McShane suggested the sign should be wooden and carved. Mr. Burke said the board could send these concerns to the Conservation Commission in its recommendation. Motion: To reconsider the above motion (Sullivan - Flynn) All in favor. PASSES Motion: To send the ZBA a positive recommendation for the construction of a gravel parking lot. (Penney- Flynn) All in favor. PASSES Motion: To send the ZBA a positive recommendation for a variance for up to a 32 square foot sign, suggesting consideration be given to something other than metal construction. (Sullivan - Bonda) Six in favor. One opposed. PASSES Planner Penney left the meeting at this point. 4. ZBA application for variance - 40 Ian Keats Drive - MacDonald for a variance from the sideyard setback requirements to construct a garage and mudroom. Motion: To send the ZBA a negative recommendation because the applicant could reduce the size of the garage or the mudroom by four feet and not need a variance. (Sullivan - Flynn) Chairman French said he understood that with a 120 foot wide lot, it is difficult to fit both a house and a garage. Four in favor. Two opposed. PASSES 5. Form I Chandler's Estates Motion: To accept the covenant (Sullivan - Dolan) All in favor. PASSES 6. Form J Release from Covenant Chandler's Estates Motion: To sign the Form J (Sullivan- Dolan) All in favor. PASSES 7. Memo from Dan Clifford RE: Surety Amount Steams Hill Phase II Motion:To set the surety at $226,722.03 (Sullivan- Bonda)All in favor. PASSES 8. Form J Release from Covenant Stearns Hill Estates Phase II Motion: To sign the Form J (Sullivan - Flynn) All in favor. PASSES 9. Chandler's Estates Subdivision Plan - To be signed Motion: To sign the Chandler's Estates Definitive Subdivision Plan (Dolan - Sullivan) All in favor. PASSES 10. Street Acceptance As -Built Mylars - To be signed Motion: To sign the as- builts (Sullivan - Bonda) All in favor. PASSES 6. Form A (ANR) Plans Bliss - Fruit Street Because the plan has no locus, the board decided not to consider it at this time. MacDonald - Bird Road - This plan had been previously endorsed, but the Zoning Board of Appeals requested the easement be removed and the plan be re- signed. Motion: To sign the Form A plan (Sullivan - Dolan) All in favor. PASSES 7. Around the Table Planner McShane asked about radio towers. Mr. Burke said antennae as a primary use are not permitted, but are allowed as an accessory use, and suggested amending the zoning by -law at the Fall Town Meeting. Planner McShane was concerned the issue will come up before then, saying if the town decides not to lease space to cellular phone companies for their antennae, they will go to private property. He suggested the town would have some control over them if they were on town -owned land. Mr. Burke was concerned about the town becoming a landlord. Planner Flynn said she would prefer they weren't allowed at all, and suggested working on an article for the next Town Meeting. Motion: To ask Mr. Burke to look at putting together an article for the next Town Meeting. (Flynn - Bonda) All in favor. PASSES Planner McShane suggested getting rid of the height exemption on towers as soon as possible. Planner Bonda told the board she had seen an article in the Mansfield Buzz critical of the Master Plan Committee, and read the board a draft response. The board approved of the positive nature of the response, and Planner McShane suggested adding that several members of the Master Plan Committee are involved in town government for the first time, making the committee is a good mix of new and old residents. Planner McShane asked about the expansion of the soccer bubble. Mr. Burke said MEPA is satisfied, and he had spoken with the Building Inspector, who said the site would have to comply with landscaping and buffering requirements. Planner McShane suggested there be a procedure by which DPW, Fire, and Water review subdivision plans for ISO conformance. Planner Flynn suggested sending the Town Manager a letter asking that such a procedure be implemented. Mr. Burke said he had worked with the Town Engineer and Assistant DPW Director, sent the Town Manager a letter, and in the next few weeks plans to produce an outline and a series of recommendations. Planner McShane suggested a letter go to the Board of Selectmen regarding special permit filing fees. Mr. Burke said he would work on numbers making special permit fees comparable with subdivision fees, and numbers making special permits less. Chairman French suggested sending a letter to the developers of the Massapoag Estates subdivision recommending they attend the May 22, 1996 Planning Board meeting because the board will be considering holding a public hearing to find them in default. Motion: To invite Mr. Bonvie and Mr. Paglia to the May 22, 1996 meeting, and if the work is not complete by May 11, 1996, run an advertisement for a public hearing to find the developers in default. (Sullivan - Flynn) All in favor. PASSES Chairman French told the board he had attended the Zoning Board of Appeals hearing on the Park Row parking issue, where Attorney Mangiaratti claimed Mr. Remillard is not an injured party, and as such has no standing. The ZBA continued its vote for two weeks. Planner Dolan asked about the status of Eastleigh Estates North Phase II. Mr. Burke told him the insurance company had made a settlement offer, which is considerably less than Mr. Clifford's estimate to complete, and the town will be making a counter - offer. 7. Adjournment Motion: To adjourn at 10:45 P.M. (Dolan - Sullivan) All in favor. PASSES Date of next meeting: June 5, 1996 at 7:30 P.M. 't� 4 ilc. � — I�ctc 2 2 Signature of Clerk Date of A�proval