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HomeMy WebLinkAboutPlanning Brd Min_8141996PLANNING BOARD MINUTES August 14, 1996 PRESENT: Chairman French, Acting Clerk Bonda J. C j PLANNERS: Dolan, Flynn, McShane, Penney Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. Motion:To appoint Planner Bonda Acting Clerk(Dolan- Penney) All in favor. PASSES 2. Correspondence L Minutes July 17, 1996 Motion: To approve as written (Dolan - Flynn) Four in favor. Penney abstained. PASSES 2. Minutes July 24,1996 Planner Flynn asked "loam specs and type" replace "loam regulations" in item three on page three. Planner Penney requested it be noted under the Great Woods Office Park discussion that he asked if directional arrows "are to be" painted on the pavement at the entrance, and it be added to the motion the arrows be painted "at both entrances ". Planner Penney also asked it be noted he abstained from the vote on the Stearns Hill Estates bond release. Motion: To approve the as amended. (Penney - Flynn) All in favor. PASSES 3. Special Permit Decision - Fram Estates Planner Penney asked it be noted the land conveyance to the Connolleys was "as proposed by the developers" and that directional arrows be placed at either end of the middle island only. He also asked it be noted under the first waiver that "the tangent shall be a minimum of 135 feet" and that it be noted his reasons included this plan being a better one than the conventional subdivision previously approved. Planner Penney asked if having two sidewalks would alter the landscaping plan. Mr. Burke said it would, and the applicant would return with an altered plan. Motion: To approve the George Fram Estates decision as amended (Penney- Flynn) All in favor. PASSES Planner McShane arrived at this point, 755 P.M. The board decided to re -vote. Motion: To approve the George Fram Estates decision as amended (Penney - Flynn) All in favor. PASSES 4. ZBA application for variance - 5 Coach Road with less than the required sideyard setback. Mr. Burke suggested the board send the ZBA a negative recommendation. Planner Dolan said if the abutters don't mind, he doesn't. Motion: To send the ZBA a positive recommendation on the application (Dolan- McShane) Acting Clerk Bonda said it was important the board be consistent in its recommendations. The board discussed the need to be consistent, as it sees \ many applications similar to this one. Planners Dolan and Penney said each circumstance was different and should be decided individually. Planner McShane said it is more important Mr. Burke be consistent in his recommendations, then the board can decide each case individually. Four in favor. Flynn opposed. Bonda abstained. PASSES 5. Memo from Dan Clifford RE: partial release Stearns Hill Estates Motion: To release $17,222.05 as recommended (Flynn - Dolan) Four in favor. Penney and McShane abstained. PASSES 6. Memo from Mr. Clifford RE: partial release Bay Brook Farm Motion: To release $2,763 as recommended (Flynn - Dolan) All in favor. PASSES 7. Request for continuance - Maple Hill Estates Motion: To table in order to check the date of approval of the original plan (Flynn - Bonda) All in favor. PASSES 8. Memo from Lee Azinheira, Town Engineer RE: Downtown Parking Area 9. Letter from Attorney Mangiaratti RE: Fram Estates Lot C 10. Letter from Attorney Max Volterra RE: Building Permit Limit 11. Letter from Attorney Mangiaratti RE: Eastleigh surety 12. Letter from Mr. Williams to Mass DEP RE: Water Emergency 13. Letter from Mr. Williams to Mass Highway RE: Bridges 14. Letter from Chris Trombetta RE: discontinued roads 15. ZBA decisions -1405 West Street - Granted; 172 Copeland Drive - Granted; 8 Park Avenue - Granted; Church of Christ - Denied; 282 Gilbert Street - Denied 3. Public Hearing - Proposed Town Meeting Warrant Articles The clerk read the public hearing notice. Chairman French explained the purpose of the public hearing is to gather public comment, and the board will make recommendations on the three articles to Town Meeting. 1. Mr. Burke explained Article 11 would delete the reference to radio, tv, and broadcasting antennae from the list of uses whose heights are not regulated. Mr Burke said the town has been contacted by companies seeking to lease space to locate antennae and was concerned about the potential for more. With the amendment, these uses would be subject to the height regulations in the underlying zone. Planner Penney asked if with the height restrictions, would the type of antennae be limited? Mr. Burke said yes, adding the use would nto be prohibited, just limited in the height. James Grady, 20 Old Maple Street, congratulated the board on its pro- active position. He said these towers can be very tall and visually polluting, and he did not believe the setbacks were enough to protect adjacent properties if the towers were to fall. He also said the towers are an attractive nuisance to children, as there is currently no requirement for them to be fenced. Board Comment Planner Penney asked if these towers are a necessary evil. Mr. Burke said they are needed, but there are other ways of accommodating them, such as making them shorter. He said there are public safety and aesthetics issues, and with the amendment, their maximum height would be 60 feet, which is at treeline. Planner Flynn said she thought if the use is not in the Zoning By -Law, a variance was not allowed. Mr. Burke said that is true for a primary use, but if towers were added to existing structures, they would be accessory uses. Mr. Burke added there is a tower on West Street which required only a building permit, and suggested towers could be added as a primary use. Planner McShane said there is a push to get towers built before the laws change, and the owners are going to the industrial parks to lease roof space. Mr. Burke said a tower under 60 feet and related to the business in the existing building would be allowed. Motion: To support the amendment as written (Penney - Flynn) All in favor. PASSES 2. Article 12 - Mr. Burke explained adult entertainment uses have been special permit uses in the Industrial I zone since 1989, and adult book and movie stores were special permit uses before that. Recently, Chapter 40A, Section 9A was amended to include new uses and to say cities and towns can regulate existing uses. He explained this article would amend the definitions section and the Table of Uses, and establish a public hearing and timeframe process within its own section. One thousand foot setbacks would be required from residential zone lines, schools, churches, and town recreation areas. Mr. Burke showed the board where the Industrial 1 zones are in town and where, based on the setbacks proposed, the uses would be allowed. He said the court has decided the uses can't be precluded entirely, but can be regulated. Mr. Burke explained the definitions come right out of the statute, but he has added a definition of "substantial or significant portion" as being 25 percent of the stock and added "community values and standards ". Mr. Grady suggested the board consider adding a requirement that all owners and parties with an interest in the business be listed on the special permit application and that the town has the authority to ask these individuals personal questions, saying this is a crime - associated industry and a town being cautious is reasonable. Planner Penney said that is a good suggestion and thought something similar to the liquor licensing procedure could be used, wherein the police check out the records of the applicants. Planner Dolan suggested checking with Town Counsel on the legality of that. Planner Penney asked who would be required to apply for the special permit. Planner McShane suggested "background information on owners and managers of the establishment" be required. Mr. Grady suggested hiring a company to do thorough background checks on these individuals. Planner Penney asked about a time limit on the special permit. Mr. Burke said he had assumed it would be good forever, but not be transferable. Chairman French suggested making it renewable annually and non - transferable. Planner Penney said the Board of Selectmen issue liquor licenses to the manager, and if there is a new manager hired, a new license is required. Mr. Burke said he had asked Town Counsel if the board had to consider items such as ease of access and other business concerns in the special permit, and the answer was no. Planner Penney asked who would be notified of the special permit public hearing. Mr. Burke said direct abutters and abutters within 300 feet. Planner Penney suggested increasing that to 1,000 feet. Planner Penney asked about the use of the word "morals." Mr. Burke explained that comes right out of the general laws. Planner Penney suggested adding something to the effect that it is the intent to protect the morals of children and encourage strong moral character. Planner Penney asked if "substantial use" of the permit should be defined. Mr. Burke explained it was like any other permit wherein the building would have to be built and the business opened. Planner Penney asked why the setbacks section included the uses being 1,000 feet from one another. Mr. Burke explained that was so they wouldn't be clustered in one area, but that may cause them to be spread around more. Planner McShane suggested the board consider 2,000 feet from schools, day care centers and town -owned recreation areas. Mr. Burke said after conversations with Town Counsel, it was thought 2,000 feet may be too restrictive. Acting Clerk Bonda suggested 1,200 or 1,500 feet for these areas. Planner McShane said 1,200 feet would be acceptable. 3. Article 13 - would correct an oversight when the lot sizes were increased in 1994. There is currently a conflict in the by -law, with two different area requirement in two different sections. This amendment would make lot area consistent with Density and Dimensional Regulations. Motion: To support Article 13 as written (Penney- Dolan) All in favor. PASSES Motion: To continue the public hearing until August 21, 1996 at 8:30 P.M. (Penney- Dolan) All in favor. PASSES 4. Form A (ANR) Plans Cooper Road - The board recently approved a modification to the roadway layout, and this plan shows the amendment. Motion: To sign the Form A plan (Dolan - Flynn) Five in favor. Penney abstained. PASSES Heather Lane - This plan was approved at Land Court and received a variance to change the lot lines. Motion: To sign the Form A plan (McShane- Dolan) Five in favor. Penney abstained. PASSES 5. Around the Table Planner Penney asked about the progress at Massapoag Estates. Mr. Burke told him they are having some problems because of the rain and are behind schedule. Planner Flynn asked Mr. Burke and Chairman French to discuss the building permit cap proposal. Mr. Burke said they had spoken with Mr. WilliayWand drafted a by -law, and the Board of Selectmen will decide whether to� on the warrant. If it is on the warrant, the Planning Board will have to hold a public hearing. Planner Flynn asked if there was any way the cap could be done without involving zoning so it doesn't trigger grandfathering. Mr. Burke explained it could not be done as a general by -law. Planner McShane suggested checking with Norton, which he said used to have a non - zoning regulation to regulate the number of new water service connections. Mr. Burke said the Board of Selectmen has applied to DEP for a water connection moratorium and said if the next step is to do a building moratorium. Planner Flynn suggested the board write to the Board of Selectmen suggesting it look into no salt areas in the Zone II. Motion: To send the Board of Selectmen the above letter. (Flynn- Penney) All in favor. PASSES Planner Bonda asked about the parking area at day care centers. Mr. Burke said he had spoken with the Building Inspector and found the paragraph preventing parking in the front yard was omitted in 1989 when the by -law was recodified. He added Mr. Cook is looking into the day care center on School Street, which seems to have added new parking. Planner McShane asked about the soccer bubble. Mr. Burke explained they are not moving forward with the expansion. The board asked what that would mean in terms of the landscaping that was to be installed with the expansion. Motion: To send the Building Inspector a letter inquiring as to the status of this (McShane - Penney) All in favor. PASSES Planner Dolan asked if an abutting town could put an adult entertainment use next to a town line. Mr. Burke said it could. Planner Penney suggested restricting the use to within 1,000 feet of a town line. Planner Dolan asked if the fact the town boards are not in support of moving the train station be brought up at Town Meeting. Mr. Burke explained thta in his opinion, there are three levels of support regarding the train station - those who live downtown who see moving it as a solution to a traffic problem, out of town commuters who support the new location, and those who don't care one way or another. Planner McShane suggested the downtown residents will be the ones to attend Town Meeting. 6. Adjournment Motion: To adjourn at 11:00 P.M. (Dolan- Penney) All in favor. PASSES Date of ne eetin August 21, 1996 at 7:30 P.M. Signature of Clerk Date of Approval