HomeMy WebLinkAboutmin of planning brd 11/5/1997PLANNING BOARD MINUTES"'
November 5, 1997 n
Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr. Clerk -, Bergie J. Dolan;
Marydee Flynn; Scott Frank; Thomas P. McShane and Kennett ,14.. Torma5.S N! qo present
was Shaun P. Burke, Director of Planning and Development.
Meeting Called to Order at 7:30 p.m.
CDrres DndCnfe
1. Minutes of October 22, 1997
Motion: To approve.
(Sullivan- Dolan) 6 -0 with Mr. McShane not present. PASSES
2. Minutes of October 29, 1997
cage 1: Jim Hadfield was present, not Stephen Smith; add, "The scope of the
project was to study the intersection only and does not include the option of
putting a new road through the Great Woods."
age 2: Under Site Plan Review - 89 Forbes Boulevard, add: "Mr. Almonte
confirmed that the site plan conforms to zoning."
page 3: item 10: "EIF" should be "ENF."
Motion: To approve as amended.
(Sullivan- Dolan) 6 -0 with Mr. McShane not present. PASSES
Memo from Dan Clifford re: partial release of surety - Carlton Estates.
Motion: To release $7,652.00, leaving a balance of $26,738.14 which
represents the 10% contingency.
(Sullivan - Dolan) 6 -0 with Mr. McShane not present. PASSES
4. ZBA Decisions:
Joyce McNeil for an in- ground pool at 61 Oakland Street in an R -2 Zone.
Granted. Planning Board recommendation: 5 -0 Positive
Sprint Spectrum L.P. and Bell Atlantic Nynex Mobile for sideyard
setback for monop-oteat_33 Suijolic Road in an 1 -2 Zone.
Granted. No Planning Board recommendation.
Harley and Tina Hoyt for a Finding for the expansion of a pre- existing
non - conforming single family house at 379 Mill Street in an R -1 Zone.
Granted. Planning Board recommendation: 6 -0 Positive
5. Building Permit Report for October, 1997
6. Public Hearing Notice - Sharon ZBA
7. Public Hearing Notices - North Attleboro Planning Board
8. Public Hearing Notice - Attleboro Planning Board
9. Meeting Notice and Agenda - SRPEDD Joint Transportation Planning Group
Minutes of November 5. 1997
Correspondence (continued)
10. The Beacon
11. MEDC Annual Meeting notice
12. Memo from Bill Madan re: Norton Sewer Capacity Billing Settlement
13. Copy of letter to Governor Cellucci from Representatives Hyland and Poirier re:
their vote on route for extension of commuter rail service in Bristol County
Mr. Sullivan read the Notice of Public Hearing which appeared in the Sun - Chronicle
October 22nd and 29th. Mr. Burke pointed out on the zoning map the Business 1 and
Business 2 Zones which would be affected by this by -law amendment. He explained that
the Master Plan consultant found that one of the reasons Mansfield has a vital Downtown
is because of the presence of residences in the Downtown. He pointed out that the
amendment is intended to encourage residential use in the Downtown, while specifically
requiring that ground floor street frontage be used for business.
Jay Barrows, whose business is located at 215 North Main Street, stated that he is
concerned that a reduction of required parking creates even more competition for the
limited number of existing parking spaces in the Downtown. He pointed out that many of
those living in the Downtown walk to the Train Station and leave their vehicles at home,
taking up parking spaces needed for business and retail activity during the day. He said
that people living in the Downtown will not help to increase business during the day
because they all leave the area to go to work.
Karl Clemmey objected to the by -law amendment, stating that most of the people renting
in the Downtown are older and have children who are 14 -18 years old. He said most of
these people have two cars, plus their children have cars, and it results in kids hanging out
in the area. He felt the zoning we have now should be enforced, instead of being changed.
Trish Bolea said that they demolished a building to create additional parking at their
business, but asked, "where do people park who live in the Downtown during the winter
months when on- street parking is not allowed." She said this creates a problem for her
business, with Downtown residents who are not provided off - street parking using her lot.
She believes the proposed a.fuendm nt could have a reverse effect, with people o >>r g
two cars not wanting to live in the Downtown because of inadequate parking.
Ed Tartufo reported that the Board of Directors of the Tri -Town Chamber of Commerce
has voted unanimously to oppose the amendment. He also reported, as a member of the
former Downtown Advisory Committee, that reducing parking the last time it was done
was controversial and turned out to be a mistake. He agreed with creating a "walking"
Downtown, but stated that reduced parking for residential tenants creates competition
with first floor retail space.
Henry Austin of the Bagel Train stated that there is adequate parking surrounding his
2 Minutes of November 5, 1997
business, but if the parking problem is made worse at the other end of the Downtown
Business District and people stop coming to the area, that will affect his business also
Karl Clemmey reported that residents of the Jackson Court condos already have a problem
when they come home from work and can't find parking spaces where they own property.
Mr. McShane asked if either the Downtown Business Association or the Chamber of
Commerce has any demographic information for the Downtown area. Jay Barrows and
Ed Tartufo said the only information they have is from the train station study which cited
the percentage of walkers using the T. Mr. McShane said that our intent, in keeping with
the recommendations of the blaster Plan consultant, was to maintain the character of the
Downtown and keep it pedestrian friendly, instead of having a Downtown of glass and
steel. He asked if there were other ideas or suggestions that the Downtown Business
Association or Chamber of Commerce would have. Mr. Tartufo said that they didn't get
into that, but he felt certain that should the Planning Board like them to come up with
some suggestions, there would be volunteers to gather input. Mr. Barrows said the
merchants have an on -going program and are currently looking at signage in the area. He
further stated that they are looking at programs to keep the Downtown vital, such as
doing a Farmer's Market in the spring. He said they also need a left turn arrow to get into
the Downtown area from Route 106. Mr. Tartufo said he hoped the Town would get a
grant for a Downtown Manager to work with the merchants in improving the front of
buildings and signage. He stated he is sure the Chamber of Commerce would support it
and we could even get one manager for the three towns.
Mr. Frank ask for a clarification of "retail" as used in our zoning by -law, and if the
insurance agency is considered "retail" when they have their own definition in the by -law.
Mr. Burke replied that "retail" is all- encompassing, pointing out the use of the term in
both the definitions section and in the footnote to Schedule 4.2.2. Mr. Frank suggested
the Board consider an amendment to the by -law in the future for the sake of clarification.
Mr. Barrows asked if they could ask the Planning Board to withdraw the article. Mr.
French replied that it is an option and that the Board would make a decision later.
Motion: To close the Public Hearing at 8:30 p.m.
(Sullivan- Dolan) 7 -0 PASSES
Motion: To withdraw the article.
(Sullivan- Frank) 7 -0 PASSES
PnUllc Hearing for tl>e Adoption ofSeente Reads
Mr. Sullivan read the Notice of Public Hearing which appeared in the Sun - Chronicle on
October 22nd and 29th. Mr. Burke explained that the article is being presented in
accordance with the General By -laws and therefore requires only a majority vote at Town
Minutes of November 5. 1997
Meeting, rather than the two - thirds vote required for the adoption of a zoning article. He
pointed out that naming these roadways does not affect private property, but stated that
the Town has an interest in maintaining the character of the way. It does not prohibit
removing trees or stone walls, but makes it necessary to hold a public hearing and gain
approval prior to doing so. He further stated that no scenic roads have been added since
November of 1985.
Karl Clemmey said lie doesn't think Gilbert Street should be considered because there is
industrial land on the west side of it going down Gilbert Street toward the north. He
stated he thinks industrial land should be left open for development and that the people
who have been paying taxes on industrial land over the years should be protected. Mr.
Burke said the designation as a scenic road protects the Town's interest in the way and
does not prevent people from using their property. Mr. Clemmey pointed out that the
Town also has industrial land on Gilbert Street and asked that the Planning Board amend
their article to eliminate Gilbert Street from the list of Scenic Roads to be adopted.
Motion: To close the public hearing at 8:45 p.m.
(Sullivan - Dolan) 7 -0 PASSES
Motion: To ask Town Meeting to designate the following public ways as Scenic Roads:
Winter Street, Gilbert Street, Essex Street, Jewell Street, Bird Road, and Stearns
Avenue
(Sullivan - Flynn) 6 -0 -1 with Mr. French abstaining PASSES
Mr. Sullivan read the Notice of Public Hearing as it appeared in the Sun - Chronicle on
October 22nd and 29th. Mr. Burke pointed out that this article is being sponsored by the
Board of Selectmen. The article was written by the Planning Board at the Selectmen's
request to prevent additional parking lots from being established. The Planning Board
also suggested to the Selectmen that if they want to eliminate parking facilities, this is the
way to do it. If their intent is to prevent any additional commercial parking facilities from
being established, not granting licenses would accomplish that end.
Mr. Burke further explained that this by -law does not eliminate existing parking facilities,
but grandfathers them, and they would become a pre - existing, non- conforming use. As
such, they would need a Special Permit from the Zoning Board of Appeals to extend or
expand the use.
Karl Clemmey said that lie is concerned about the article because it came through the
Town Planner as the result of one selectman's request. He further alleged that one
member of the Planning Department and two members of the Board of Selectmen
prepared the article without asking for the input of the Industrial Development
Minutes of November 5, 1997
Commission. He pointed out that there's nothing you can do with the industrial land on
South Main Street except parking lots and that he's spent a great deal of money getting
water and sewer to that property and getting it blacktopped. He further stated that the
Master Plan doesn't say anything about parking lots and asked, "what's wrong with
them ?" He went on to point out the amount of revenue the Town of Mansfield generates
from the two private parking lots on South Main Street during the twelve weeks of the
year they are operated and that it will take him 3 1/2 years just to get back the money he
spent to get it operating.
Mr. Dolan pointed out that the public hearing notice is in the newspaper and that any of
the boards or committees Mr. Clemmey thinks should be contacted could be here at the
public hearing or send us their comments and concerns in writing and that we have
received none.
Mr. Sullivan stated that his concern is that the definition contains "parking garages." He
stated lie would like to keep the use in the by -law by keeping "parking facility" as a use
and eliminating "parking garages." Mr. Frank asked if the Board had considered making it
a special permit use. Mr. Burke stated that the request came in memo form from the
Board of Selectmen and that, in talking one -on -one with one member of the Board, he had
discussed the licensing procedure as a means of addressing the Board's concern. Mr.
Frank said he is concerned with prohibiting an existing use and would recommend that the
article be amended to make it a use by special permit.
Mr. Clemmey noted that you can't park 2,000 cars without a parking garage - -it would
require too much land to do so. Leonard Flynn noted that Mr. Ditchman's proposal for
the train station is still under consideration and that the reason his proposal limited parking
was because of the understanding that Mansfield doesn't want more than 1,800 cars. He
further pointed out that most parking lots in town are not commercial parking lots, but
rather associated with a business.
Motion: To close the public hearing at 9:15 p.m.
(Sullivan- Frank) 7 -0 PASSES
Board members further discussed the effects of commercial parking lots and parking
garages on the Town, particularly in the Downtown area, stating that they would not like
to see our Downtown look like a major city. They also discussed the need for landscaping
parking facilities, and were advised by Mr. Burke that this would come under performance
standards and was beyond the scope of the advertisement. The Board further discussed
what they believe is trying to be accomplished by the article and attempted to reach
consensus on a way to do it.
Motion: To send a recommendation to the Board of Selectmen that the Planning Board
does not support the article as written, but would support the article if the Schedule of
Principal Use Regulations is amended by substituting an "S" for the "Y" in the RD
District, Business Districts 1, 2 and 3 and Industrial Districts 1, 2 and 3 and that the
Minutes of November 5. 1997
definition be left in place as it is currently in the Zoning By -law with the deletion of the
words "or parking garage."
(Sullivan- Frank) 5 -2 with Mrs. Flynn and Mr. McShane opposed. PASSES
Mrs. Flynn and Mr. McShane explained that they were opposed to the motion because this
is only a suggestion to the Board of Selectmen and, if they don't take our
recommendation, they can proceed with the amendment as printed and we are put in a
position of supporting it.
The hearing opened at 9:50 p.m. with Mr. Sullivan reading the public hearing notice as it
appeared in the Sun - Chronicle on October 22nd and 29th. Mr. Burke explained that the
proposed amendment comes as the result of a letter received from the Office of the
Assistant Attorney General pointing out that the by -law lacks a sunset provision and that
the language as written and approved is confusing. The Board of Selectmen then directed
Town Counsel and him to look at the by -law as approved and review the Attorney
General's letter to see if there was any way of fine tuning the by -law as adopted at Town
Meeting -- retaining the integrity and intent of the by -law, but clarifying some issues. This
amended by -law is the result. Mr. Burke further pointed out the changes that had been
made and the reasons for each change.
Mr. McShane questioned under the "Applicability" section if the exemption of existing
residential units would allow a single- or two - family to be turned into a three- or four -
family under the special exemption for low income housing. Mr. Burke replied that it
depends on the definition of "low and moderate" and that home construction is a business
designed to turn a profit and the market would determine that. He further explained that
they are already exempt under 40B and that the amendment was written in this manner in
an effort to stay true to what Mr. Devine's by -law was trying to do.
Motion: To close the public hearing at 10:12 p.m.
(Dolan- Sullivan) 7 -0 PASSES
Motion: I',,- :,urport the article. I - -
(Dolan- Torman) - motion withdrawn following discussion.
Mr. McShane noted that Town Counsel and the Board of Selectmen were
opposed to the article when it was adopted by Town Meeting and that he
would like to hear from someone who was in favor of it before voting on
whether to support the amended article.
Mr. Burke pointed out that Town Counsel was not opposed to the by -law,
but rather was concerned about its technical merits and not the wisdom of
the by -law, and that we pay him to represent the Town.
Minutes of November 5, 1997
Mr. McShane asked that the matter be tabled until we get something in
writing from Town Counsel as to why he thinks this amended by -law won't
be a problem with the Attorney General's office. Mrs. Flynn agreed that, as
a courtesy, we should table action on the matter until Mr. McShane's
concerns are addressed. Board members agreed to table the matter and the
public hearing was closed.
Dan Clemmey stated that all of the changes discussed at the previous public hearing had
been incorporated. Mr. Frank said that he was happy with all the changes, but is
concerned with the enforceability. He also said that he is still concerned about the
limitation to two persons per unit and would like to see "single- family housekeeping units
of residents 55 years of older." Mr. Sangermano explained that Massachusetts regulations
for assisted living facilities stipulate that there can't be more than two residents in units of
the proposed size.
Mrs. Flynn asked if there is a frontage requirement for the use, as well as having to have
a parcel of ten acres or more. Mr. Sullivan said that it would be 150 feet in the R -2
Zone. Mrs. Flynn also expressed concern about a building of that size fitting into a
residential neighborhood. Mr. Sangermano replied that the building was in proportion
to the land. Dianne Sangermano pointed out that their residents are in their eighties and
nineties and that they have to be able to get around, resulting in the buildings not being
as large as Mrs. Flynn is thinking they are.
Otto Bingel of South Main Street asked if they would actually be putting the designed
building as shown on the parcel under the Special Permit and if they would have an
architect's rendering so people could see what it will actually look like. Mr. Burke noted
that under a Special Permit, the Board has the right to say the building is not residential in
appearance because of its size, but cannot change the color of the shingles on the building
or other details. Mr. Bingel then asked if the density of 35 percent is calculated on the
teal a ea, including wetlands. Mr. Burke said wetlands c�;-tdd count as open space area:- -
Mrs. Flynn questioned Section H of the by -law, asking if it was combined building
coverage or one building and suggested that insertion of the words "total building
footprint" would clarify the matter. In Section I, she suggested that "and or any other
applicable by -laws" be added.
Mr. French asked if it would help to limit the number of stories, rather than set a height
limitation. Mr. Burke pointed out that the grade of the pitch to the roof has to be
considered, and that the Town is better off with a height limitation, noting that with a flat
roof they could actually build more stories. He recommended leaving it at 40 feet.
Minutes of November 5, 1997
Motion: To close the public hearing at 11:10 p.m.
(Sullivan- Frank) 7 -0 PASSES
Motion: To give a positive recommendation to Town Meeting for the Assisted Living
Retirement Facilities by -law as amended for presentation at the November 5th meeting
and with the following amendments discussed at this meeting:
Section H - to read, "...total building footprint shall not exceed 20 percent."
Section I - to read, "...Landscaping and Screening of the Mansfield
Zoning By -law or any other applicable by- laws."
(Sullivan- McShane) 7 -0 PASSES
The Sangermanos announced that they have made arrangements for a bus for residents
of Mansfield to go out to their Greenville facility on November 17`h at 2 o'clock and
that they would be putting a notice in the paper inviting people.
Mr. Flynn reported that at the SRPEDD Executive Meeting they had discussed the vote
taken without prior notice to the Town and agreed that they would not do it in the future.
The other issue discussed at the meeting was the MEPA waiver requested by Campanelli
and that SRPEDD does not support the waiver request.
Mr. Clemmey commented on the lack of enforcement and consistency in the by -laws,
particularly with regard to landscaping requirements and signage, and that he plans to fight
for parking facilities as a use by right in the I -I Zone at Town Meeting.
Mr. McShane asked what had happened with the grants for bike trails last year. Mr.
Burke said that only one of the four towns that had pre - qualified ended up moving
forward. Mr. McShane asked about the possibility of recapturing some of the grant
money that was earmarked for the region. Mr. Burke pointed out that these were ISTEA
grants. Mr. Flynn reported that this was discussed at the SRPEDD meeting and the
Senate hasn't authorized ISTEA money for next year.
Mr. McShane also asked if the Board needs to do anything in terms of MEPA. Mr. Burke
requested that Board members fax him any comments they want passed along, but that his
intent is to oppose the waiver. Mr. McShane asked if the Town has heard anything further
about the development of the Great Woods. Mr. Burke said that there are rumors that
something's going to happen, but that we have received no notification at this point. Mr.
McShane requested that the Town Manager and Board of Selectmen be asked to keep us
advised of any potential development.
j Mr. McShane noted the receipt of Stan Feck's donation to the sidewalk fund and asked
that Mr. Burke find out the balance available in that fund.
Minutes of November 5, 1997
Mr. Burke reported that he would be attending the MEPA site meeting the next day.
Mrs. Flynn asked if the Planning Board would be presenting the Master Plan at the Special
Town Meeting. Mr. Burke noted that they were scheduled to, but that it is not a warrant
article and he would check with the Selectmen to see if they will give us time to do so.
Ad ournmetif
Motion: To adjourn at 11:45 p.m.
(Dolan- McShane) 6 -0, with Mr. Sullivan no longer present.
PASSES
Signature o Clerk Date of Approval
Minutes of November 5, 1997