HomeMy WebLinkAboutPlanning Brd Min_8211996PLANNING BOARD MINUTES
August 21, 1996 0 E z n e;
PRESENT: Chairman French, Acting Clerk Flynn
PLANNERS: Dolan, McShane, Penney
Shaun P. Burke, Director of Planning and Development i <>
1. Meeting called to order at 7:30 P.M.
Motion:To appoint Planner Flynn Acting Clerk (Dolan-Penney) All in favor. PASSES
2. Correspondence
1. Letter from Paul Folkman RE: Lot 49 Steams Hill Estates. Mr. Burke
explained he had spoken with the builder and the Building Inspector, who
seemed to want an opinion from the Planning Board on whether the house
could be oriented toward the intersection. The lot is on the corner of Pilgrim
Road, which is at binder, and Harvestwood Lane, which is not built. The
subdivision regulations require the front yard setback be met on all sides
facing away, and the front of the lot for zoning purposes is the short frontage.
Mr. Burke explained that when Harvestwood is built, the house will conform
to the zoning by -law for side, front, and rear yard setbacks.
Motion: To send the Building Inspector a letter saying the Planning Board
reviewed the plans and making the assumption that Harvestwood
will eventually be constructed, the plan as proposed, with 40 foot
setbacks on the streets and in the back a and 25 foot setback in the
sideyard nearest lot 48, meets the requirements of the zoning by -law.
(McShane - Dolan) All in favor. PASSES
2. Alexander Skene, the developer of Robyn Estates, told the board he would
have Robyn Lane paved and the sidewalk completed within two weeks. Mr.
Burke explained to the board Robyn Lane is one of the streets he was hoping to
have completed by the end of this construction season.
3. Letter to Board of Selectmen from Planning Board RE: salt -free Zone II areas
4. Letter from Edgewood Church of Christ RE: open house - Planner Dolan said
he would try to attend.
5. Request for continuance - Maple Hill Estates Modification - The original
subdivision's zoning protection runs until January 1997.
Motion: To continue the public hearing until November 6, 1996 with an
extension of the Planning Board's deadline for decision until
November 21, 1996. (Flynn - Dolan) All in favor. PASSES
6. Memo from Mr. Burke to Mr. Williams RE: building permit cap
7. Letter from Attorney Mangiaratti to Attorney Quinn RE: Eastleigh Estates
8. Letter from Attorney Mangiaratti to Planning Board RE: Eastleigh settlement
3. Public Hearing - Old Elm Street Scenic Road
The clerk read the public hearing notice.
The applicant, Robert Chavaree, proposes to relocate a 30 foot portion of a stone
wall to install a new driveway entrance. The stones will be reused around the
radius of the new driveway. Mr. Chavaree explained the new location is the most
logical spot for the driveway, which will have a 30 foot radius and be 10 -12 feet.
Planner Penney asked why two driveways are shown on the plan. Mr. Chavaree
explained one was proposed but never built, and the other is the proposed new
driveway, which is in a better location and is straighter.
Planner Flynn asked if any trees would have to be removed. Mr. Chavaree said
there would not be. Planner McShane asked if there would be any trees removed
for the driveway construction. Mr. Chavaree said there would be, but that is not
part of this application. The trees to be removed are about 60 feet off the street.
Planner McShane asked if the stones would be reused. Mr. Chavaree said all the
stones would be reused in the new wall, and there is no portion of the lot's
frontage without the stone wall.
Planner Dolan asked if the lot has a sight distance problem. Mr. Chavaree told
him there is, but because the lot has 70 to 80 feet of frontage, it can be opened up
for better visibility.
Planner Penney asked if the Road Commissioners have to approve the removal of
trees over two inches on a scenic road. Mr. Burke explained the Planning Board
has control over the removal of trees and stone walls within the right -of -way on
scenic roads, but the trees to be removed here are on private property, so the
board's authority in limited.
Planner McShane asked if the number of trees to be removed for this driveway is
different than what was to be removed for the originally proposed driveway.
Mr. Burke said he did not know but that this driveway appears to be shorter. Mr.
Burke added the subdivision regulations only allow a twenty four foot driveway
opening in residential zones, and the proposal is for thirty feet and will have to be
reduced. Mr. Chavaree explained it is thirty feet at the right -of -way entrance, but
when it crosses the right -of -way it isn't as wide. Mr. Burke said it would be
acceptable if the driveway is twenty four feet when it comes into the right -of -way
and asked if the board wanted to limit the opening in the wall. Chairman French
suggested making the maximum opening twenty four feet.
Motion: To close the public hearing (Dolan- Penney) All in favor. PASSES
Mr. Burke told the board he had drafted a decision with the provision the wall be
relocated along the new driveway entrance and asked if the board would like to
add a provision the maximum opening be twenty four feet.
Motion: To approve the scenic road application with the condition the applicant
may alter up to a twenty four foot section of the existing stone wall
using the existing stones to rebuilt the wall along the newly constructed
driveway entrance. (McShane- Penney) All in favor. PASSES
4. Public Hearing Continued - Town Meeting Warrant Articles
The clerk read a letter from Attorney Volterra regarding the adult entertainment
by -law. Counsel suggested the items requiring background information on
owners and managers be removed. Planner Penney- asked if the board could
require a statement from the applicant verifying their strong moral character.
Chairman French said he did not think so, based on Attorney Volterra's letter.
Mr. Burke explained Attorney Mangiaratti said the board could only require
information about the land use, not the character of the applicant, because this is a
zoning by -law article.
Planner McShane asked if there was a way to insert such a requirement as a
general by -law, avoiding the land use issue. He suggested having the Board of
Selectmen issue the license under their general by -law licensing authority, similar
to the liquor license. Mr. Burke said he thought that could be done if it were
required of all retail establishments in town and said the board could put it into the
article and amend it at Town Meeting if necessary. He was concerned the board
would be referencing a section of the general by -law that doesn't exist, since the
general by -law contains nothing stating what the Board of Selectmen license and
what they don't. Planner McShane suggested adding am amendment to the
general by -law to be added to the zoning by -law amendment.
Planner Dolan was concerned that may be getting too picky because that
information is not required of other businesses, and said applicants for adult
entertainment licenses wouldn't send someone with a bad record to apply for the
permit anyway.
Planner McShane said concerns were raised at the last meeting that the true
owners of these establishments hide during the licensing, then if there are
problems, the town would not be able to get to the decision maker. He suggested
finding a way within the application procedure that the town can know who is
running things, and asked how to get than information in the public hearing and
application process within the law. He suggested doing it as a general by -law
with the Board of Selectmen asking questions similar to liquor license
applicants. Planner Penney said no one could deny there are problems with adult
entertainment establishments and there had to be some way to control them.
Mr. Burke said he was not sure if that could be done right now, but suggested the
board move forward with the zoning by -law amendment and explore the general
by -law possibilities. He said the Board of Selectmen can adopt some regulations
apart from Town Meeting, and Town Counsel is working on a regulation for
liquor licensing of adult entertainment establishments.
Planner McShane asked if there is a section in the general by -law giving the
Board of Selectmen the authority to give liquor licenses. Mr. Burke told him that
authority comes from state law. Planner McShane said he would prefer to add an
amendment to the general by -law to the end of the zoning by -law amendment
adding the term adult entertainment as a license granted by the Selectmen.
Chairman French said there would have to be a general by -law where the Board of
Selectmen issue the permit and have the ability to ask questions of the applicant.
Planner Penney suggested going with the zoning by -law amendment and asking
the Selectmen to look into licensing through the general by -law. Planner
McShane said if the Selectmen have the legal authority to regulate liquor and
hackney licenses, etc., they must be able to regulate this use. Planner Penney
reminded him those are state regulations.
Mr. Burke looked into Chapter 22 of the general by -law, which involves
permitting, but said it covers licenses and non - payment of taxes, rather than
issuance of permits. He said he thought that came from the state, adding it is a
good idea but did not think it could be worked into the zoning by -law
amendment. He said they would have to find out what section of the general laws
give the Board of Selectmen licensing authority and added there are some
licensing procedures that don't have to go through Town Meeting and would only
require a public hearing . Chairman French suggested going ahead with the
zoning by -law and writing the Selectmen a letter requesting they consider
amending the general by -law.
Mr. Burke told the board Attorney Volterra had implied they should take out the
reference to persons convicted of violating certain laws. Planner Dolan and
Acting Clerk Flynn said that should stay in. Mr. Burke suggested keeping "non-
transferable" and adding a line to say "all adult entertainment special permits are
granted for a term not to exceed two years, which may be automatically renewed
unless complaints are filed based upon violations of the standards set forth in
5.11.16. The Planning Board shall hold a public hearing to hear the complaints
before considering renewal of the special permit."
Motion: To close the public hearing (Penney - Dolan) All in favor. PASSES
Motion: To support the article as amended (Penney - Dolan)
Planner Dolan said Mr. Burke did a good job with the article and that it would
become a model for other towns. Planner McShane was concerned Town
Meeting would think this article will invite .these uses to town. Mr. Burke said it
would have to be explained that the statute has been amended, and towns cannot
prohibit the uses but can regulate them. All in favor. PASSES
Motion: To send the Board of Selectmen a letter explaining the issues raised at
the public hearing that during the application process the board would
like information about the true owners of these businesses, but it cannot
do that within the zoning by -law. The board encourages the Selectmen
to adopt provisions that it issue licenses for adult entertainment
establishments similar to the liquor license provisions.
Planner Dolan asked if that would only be for adult entertainment uses and no
other businesses. Planner Penney said there are other uses licensed by the
Selectmen. Planner Dolan was concerned this may be seen as selective and give
the applicants something to appeal on. Chairman French said they would just be
asking the Selectmen to consider a separate licensing process for the uses.
All in favor. PASSES
5. Around the Table
Planner McShane told Mr. Burke GIS maps with Mansfield information are
available from Mr. Nyland at the state GIS office at no charge. He asked why
the Board of Selectmen do not have a representative to SRPEDD. Mr. Burke
explained the previous representative gave up the position and the Selectmen have
not been able to fill it. Planner McShane asked if Mr. Burke had looked into
Norton's water connection policy. Mr. Burke said the Norton Town Planner was
not aware of the policy and he has called the Water and Sewer Departments.
Chairman French asked about progress at Massapoag Estates. Mr. Burke said
they may be paving by the end of the week, but recommended leaving the article
to allow the Selectmen to spend the remaining surety on the Special Town
Meeting warrant.
Chairman French told the board he would be away the week of Town Meeting and
suggested Clerk Sullivan be present to move the articles. Mr. Burke said he
would explain the technical issues. Acting Clerk Flynn said she would rather
have Mr. Burke do that than Town Counsel. Planner McShane agreed and asked
if it would be possible to put something together to send the newspapers before
Town Meeting. Mr. Burke said there had been a couple of articles already and
that he would be putting together a handout for Town Meeting.
Mr. Burke reminded the board it would have to do a recommendation to Town
Meeting on the building permit cap article. Planner Penney said he thought
members of the Board of Selectmen were rethinking that article because it
wouldn't have any effect for seven or eight years. Mr. Burke agreed, but said if
there is a building boom, the article would have an effect, adding if a similar
by -law had been adopted in 1989, it would be effecting today's building.
Acting Clerk Flynn asked if the Planning Board had been asked to comment on
the train station article. Mr. Burke said the board would have to decide if it wants
to speak to that issue at Town Meeting. Chairman French thought it should, and a
Master Plan Committee member should as well. Planner McShane said he
thought the Planning Board was in a better position to take a stand on the train
station issue than the Master Plan Committee, as the Planning Board exists as a
legal entity whether or not there is support for it. Planner Penney said members
of both boards should speak to the issue.
6. Adjournment
Motion: To adjourn at 10:00 P.M. (Dolan- Penney) All in favor. PASSES
Date of next meeting: September 4, 1996 at 7:30 P.M.
Signature of Clerk Date of Approval