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.
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Signature of Clerk Date of A�proval