HomeMy WebLinkAboutPlanning brd Min_941996t:
PLANNING BOARD MINUTES 1,
September 4, 1996 0'-
, S
PRESENT: Clerk Sullivan
PLANNERS: Dolan, Flynn, McShane, Penney (1
Shaun P. Burke, Director of Planning and Development `
1. Meeting called to order at 7:30 P.M.
Motion: To appoint Planner McShane Acting Clerk and Clerk Sullivan Acting
Chairman (Flynn - Dolan) Four in favor. McShane opposed. PASSES
2. Correspondence
Minutes August 28, 1996
Planner Penney questioned whether the discussion regarding the Old Elm
Street scenic road had taken place during "Around the Table" on August 21,
1996, rather than during the review of minutes. It was decided that it was
during the discussion of the minutes, but that under #4 on page 1, "three foot
radius" should be "two foot radius."
Motion: To approve minutes as amended
(Flynn - Dolan) All in favor. PASSES
2. ZBA application for variance - 40 Lantern Lane with less than the
required rearyard setback. Board questioned why application was for a
variance rather than a finding when the proposed work was not going to
change the footprint. Mr. Burke explained that the original building
permit had been issued in error and that the applicant was now looking for
a variance to correct the situation.
Motion: To send ZBA a positive recommendation on the application.
(Dolan- McShane) All in favor. PASSES
3. ZBA application for variance - 19 Noonan Street with less than the required
frontyard setback, lot size, and rearyard setback. Mr. Burke commented
that the sideyard setback is okay and that the applicant's problem is with
the existing structures which, when connected, would become non-
conforming. Mr. Burke suggested the board send the ZBA a negative
recommendation.
Motion: To send ZBA a negative recommendation on the application
because the proposed alteration /addition would be an overuse of the lot in
the R -2 Zone and tying in the accessory structure would further increase
the non - conformity.
(Penney - Flynn) All in favor. PASSES
4. ZBA application for a finding - 419 South Main Street. The board discussed
the fact that the house is a pre- existing, non - conforming structure. The
five foot sideyard will remain the same - -the proposed addition goes back
an additional seven feet. The rearyard setback will be conforming. The
board felt that there would be no encroachment on the existing non -
conforming sideyard. Planner Flynn commented that while she is not
opposed, it is tier opinion that it does increase the encroachment by seven
feet. Mr. Burke recommended sending a positive recommendation.
Motion: To send ZBA a position recommendation.
(Dolan - Penney) All in favor. PASSES
5. Public hearing notice - Foxboro ZBA
6. Public hearing notice - North Attleboro ZBA
7. The Commission Newsletter
8. Meeting notice from Joint Transportation Planning Group
9. The TRANS Report of Metropolitan Planning Organization
10. Brownfield Opportunities conference schedule
11. MCCE Zoning and Land Use seminar notice
12. Letter from Folkman & Zola RE: Steams Hills Estates Phasing
Mr. Burke gave the board a phasing map identifying the sections
of Steams Hills Estates. Mr. Folkman explained to the board what
areas are complete and updated the board on the status of the
sections under development. He stated the "X's" are complete and that
he's asking to add eight lots to Phase C. It is his desire to get the binder
course of asphalt down with completion set for next spring. Mr. Burke
stated that he saw no problem with this and that he would rather see the
roads and utilities up to Stearns Avenue done in a timely manner. Planner
Penney asked if there were any negatives. Mr. Burke responded that the
only negative would be that they'd taken a road that doesn't go anywhere
and made it longer with no tumaround. Planner McShane asked if there
were any consequences to Section JB originally being the second
scheduled and now going last. Mr. Burke responded that the situation
would be resolved soon when we find out who'll be finishing Eastleigh.
Motion: To approve the plan as requested by Paul Folkman going up to
the intersection of Freedom and Colonial and, at the same time, building a
hammerhead turnaround at the intersection. (Flynn - Dolan)
Amendment: To add, " with the understanding that the binder coat be
placed this year and the topcoat next spring." (Sullivan - Dolan) Four in
favor. Penney abstained. PASSES
3. Public Hearing - Board of Selectmen's Special Town Meeting Warrant Article -
Phased Development
Acting Clerk McShane read the public hearing notice which appeared in The Sun
Chronicle on August 21st and August 28th. Assistant Town Manager Christopher
Marion presented Article 23 to the board, explaining that the Board of Selectmen
views this as a planning tool to bring building in line with the service demands
and capital needs of the town. He stated that this is not a new issue and that it
has been addressed by the Master Plan and the Mullen report. Mr. Burke stated
that this was the culmination of a long -term planning process and reviewed the
actions leading up to this, all of which culminated with an attempt to get a handle
on the rate of development by an attempt to limit the number of building permits
to 125 per year with a limit of 12 permits being issued to any one developer in
any consecutive 12 month period. This would not apply to existing approved
subdivision lots which would be grandfathered. It would apply only to new
subdivision lots being created after the adoption of the proposed by -law.
A discussion ensued regarding the administration of the process should the by -law
be adopted. Questions were raised as to whether there would be provisions made
for hardship cases and single lot owners. The point was also made that the
proposed by -law would not apply to additions and alterations.
Paul Folkman of 190 Winter Street asked how the figure of 125 was arrived at.
Mr. Burke responded that the figure was based on the rate of development over
the years, taking into consideration approved Form A's and subdivisions,
grandfathered lots, etc., and the fiscalimpact of buildouts with four bedroom
homes according to the Mullin Study.
Mr. Folkman commented that it was unclear with the proposed by -law
whether or not grandfathered lots would be included in the limitation. He also
questioned whether there was a process for larger developers to have petition
rights for additional permits if the maximum number of allowable permits had
not been issued in any twelve month period. The question was also raised as to
whether there would be an appeal process through the ZBA. He expressed further
concern about the difficulty of getting the needed financing to put in roads and
utilities when it would be years before a subdivision could be completely builtout.
Karl Clemmey of South Main Street commented that there were 1200 lots filed
in 1989 due to the change in the by -law and it's possible they all could come in
for permits the eighth year. He discussed the economic impact of this situation
with regard to the loss of jobs that will occur if building permits cannot be
obtained. Mr. Clemmey also commented that under this by -law, no banks will
lend money for roads when the lots can't be completely built for ten to twenty
years. He also expressed concern that some provision be made for people who
own an individual lot and want to build a house for a family member.
Planner Flynn expressed her concern that the wording in 4.2.3.2 of the proposed
amendment would encourage development of multi - family units if only one
building permit was needed for its construction. During the ensuing discussion
it was noted that the purpose of the proposed amendment is to limit the number
of families and 125 two- or multi - family dwellings would not help the situation.
Mr. Burke suggested that it be amended so that each dwelling unit would require
�` /LM✓Ne{L hCS/f�2 u'cYzo � Th+s N ✓�f�;e2 Steics .rrcr�.
a building permit. Board members indicated that this would be more in line with
the purpose of the by -law.
Motion: To amend Section 4.2.3.2 to change the last sentence, "...two- family
and multi - family permits.." to read "...each dwelling unit.." and to amend
Section 4.2.3.3 to change "...single, two, and multi- family residential
construction..." to read "...residential dwelling units... ...
(Flynn- Penney) All in favor. PASSES
Discussion on the proposed by -law continued with the focus on the number of
permits being limited to 125 and how that number was arrived at. Questions were
raised as to whether there were other ways to limit growth, such as limiting water
connections. It was suggested that the Mullen Report and a building permit trend
analysis supported this figure and that the Selectmen had made some attempts to
control growth. Mr. Burke suggested that the number of permits could be
changed, but the number needs to be a reasonable and defensible one. He
recommended that the number not be set at less than 100 and that the
historical trend be taken into consideration.
Mr. Clemmey again stated his concern for the single lot owner who wants to
build a house for a family member. He also expressed his belief that the
cost of lots already approved would increase dramatically.
The board voiced its concern that the limit of permits available to a developer
would result in people forming multiple corporations and getting employees and
individuals to apply for permits after the limit was reached. Also of concern
was the permitting process and the fact that developers could conceivably
file 100 permit applications at once to get them into the process, clogging up the
system for years.
Motion: To amend Warrant Article 23, Section 4.2.3.3, from 125 permits
to 115 permits, with 15 of the 115 reserved for single lot owners only.
(Dolan- Penney) All in favor. PASSES
Motion: To support Article 23 as amended.
(Penney - Dolan) All in favor. PASSES
Motion: To close the Public Hearing at 10:12 p.m.
(Penney- McShane) All in favor. PASSES
Planner Penney reported that he will be unable to attend the meeting of September
18th, but will be at the Master Plan Committee meeting on the 12th of September.
The board agreed by consensus to meet before Town Meeting on September 9th
at 7 p.m. in the High School Cafeteria.
Mr. Clemmey asked the board to take a look at page 23 of the Zoning By -law to
assist him in determining where in town self storage units would be allowed.
It was his contention that it would be a "similar" use to warehouses. After further
discussion of the matter, Mr. Clemmey said that he would come up with
something in writing for the board to take a look at.
At 10:30 p.m. the board agreed to take a 5 minute recess. The meeting continued
at 10:40 and it was decided to send board members copies of all correspondence
in file #2 for review at the nett meeting. It was also decided to table the
Homefield Farm Covenant until the September 18th meeting, with Mr. Burke
doing a cover letter to the board.
A Form A for a parcel of land on Winter Street was reviewed by the board.
The parcel was being divided into 2 lots, with a small non - buildable lot
being conveyed to an abutter on Franklin Street. The remaining lot area
was conforming to today's zoning. Mr. Burke recommended that the board
endorse the plan.
Motion: To endorse the Form A plan. (Dolan - Flynn) All in favor. PASSES
4. Around the Table
Due to time constraints created by the length of the meeting, the board deferred
further discussion, with a reminder that they would be meeting in the High School
Cafeteria prior to the start of Town Meeting on September 9th.
5. Adjournment
Motion: To adjourn at 10:55 p.m. (Dolan- McShane) All in favor. PASSES
Date of next meeting: September 18, 1996 at 7:30 p.m.
9/�9G
Signature of Clerk e oat f Approval