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