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HomeMy WebLinkAboutmin of planning brd 4/23/1997RECEIVED PLANNING BOARD MINUTES 1', Ct-i� 1(F OFFICE April 23, 1997 97 MAY 13 AR 10: S7 Present: Thomas French, Chairman; John Sullivan, Clerk; Bemie Dolan; Mary de�IAINyI 1�L© Flynn; and Kenneth Torman. MASSACHUSETTS Meeting called to order at 7:30 p.m. ANR Plans; Mr. Dolan volunteered to be acting chairman until Mr. French's arrival. The Form A Plan submitted by James McCauley and Muriel Buck to create two non - conforming lots at Park and Linden Streets was reviewed. The Planning Director recommended that the plan warranted endorsement. Motion: To sign the Form A plan. (Flynn - Sullivan) 4 -0 -1 with Mr. French abstaining because he was not present at the start of the discussion. 1. Minutes of April 2, 1997. Motion: To approve (Dolan - Sullivan) 3 -0 -2 with Flynn and Torman abstaining. 2. Minutes of April 9, 1997. Motion: To approve (Dolan - Flynn) 4 -0 -1 with Torman abstaining. 3. Zoning Board of Appeals Applications• Application of Robert E. Barry for a variance from Section 42.1 for the construction of an addition to have a non - conforming sideyard setback at 54 Tanya Drive in an R -2 Zone. Motion: To send a positive recommendation to the ZBA since there is only a slight encroachment on the sideyard requirement and there is a hardship on the land due to its odd shape. (Flynn- Sullivan) 4 -1 with Dolan opposed PASSES Application of Peter and Rose Parente for a Variance from Section 4.2.1 and 1.5.17A for the construction of a single - family dwelling on a parcel of land on Grove Street in the R -1 Zone with less than the required lot area and frontage Motion: To send a negative recommendation to the ZBA because the lots were created by Form A in 1961, have been held in common ownership, and subjected to numerous zoning changes over the years. (Flynn- Sullivan) 3 -2 with Dolan and Torman opposed PASSES A request from the applicant, Robert Culleran of Angle Tree Development, was read whereby he asked that the hearing be continued to May 21, 1997 because there were only four Planning Board members present to act on the Mayhew Farms Cluster Special Permit. Motion: To grant the extension and continue the hearing to May 21, 1997 at 8:00 p.m. with the condition that the applicant notify all abutters at his expense. (Sullivan - Torman) 5 -0 PASSES 1. Letter from Senator Keating re: MBTA Commuter Rail Station 2. Letter from Reps. Hyland and Poirier re: MBTA Commuter Rail Station 3. ZBA Decision for Donald Zecher of the Old Country Store - granted 4. Copy of letter to Patrick Moynihan from Senator Keating re: MBTA Commuter Rail Station 5. Copy of memo to Building Inspector re: site plan recommendations 6. Copy of memo to Town Engineer re: Homefield Estates excess gravel removal 7. Copy of letter to Norton Planning Board re: Great Woods joint grant application 8. Copy of letter to Peter DeGirolamo re: Homefield Estates excess gravel removal 9. Copy of letter to Board of Selectmen re: Great Woods joint grant application 10. Public Hearing Notice - North Attleboro ZBA 11. Public Hearing Notice - Attleboro ZBA 12. Public Hearing Notice - Norton Planning Board 13. Public Hearing Notice - Attleboro Municipal Council 14. Public Hearing Notice - North Attleboro Planning Board 15. Public Hearing Notice - Attleboro Planning Board 16. Taunton Registry of Deeds newsletter 17. Planning magazine 18. Center for Urban Policy Research book catalog 19. New England Economic Indicators 20. The Planners Library order form Article 45 - To amend Section 3.1.1 - Schedule of Principal Use Regulations - by adding to Section 3.6.2 - Bulk Material Storage and Sales - the words "mini- storage facilities." It is the intent of this amendment to allow mini- storage facilities in all Industrial Districts and in the Business 3 District. 2 The board discussed whether mini - storage is already allowed in the Industrial Districts as stated by Mr. Clemmey. It was determined that "warehousing" is an allowed use in the Industrial Districts, but that "mini- storage" is not specifically listed. Mrs. Flynn said that she does not think it is an appropriate use in the Business 3 District and does not intend to support it. She further stated that it is her belief that if the town wants to have mini - storage, the board should take some time to study and review the ramifications of putting that type of development in the Business 3 Zone. Mr. Dolan noted that if it's going to be allowed, that it should be in as a whole new category and not an amendment. Motion: Not to support Article 45. (Dolan - Sullivan) 5 -0 PASSES Article 46 - To amend Section 3.1.1 - Schedule of Principal Use Regulations, by adding 3.6.7 Open Air Flea Market and amending Section 1.5 Definitions, by adding a new definition 1.5.49 Open Air Flea Market - Mr. Dolan asked Mr. Clemmey if he has industrially zoned property on which he wants to run a flea market. Mr. Clemmey said that it's allowed now, as long as it's for a non - profit organization and that Great Woods does it every year and they charge for parking and concessions when they permit organizations to use their facility for an open air flea market because they know how to circumvent the law. Mrs. Flynn reminded the board that two or three years ago they had worked on a by -law for temporary permits for flea markets which allowed non - profit organizations to hold them no more than ten times per year for fundraising purposes. She stated that if the citizens of town want large scale flea markets, the Planning Board should look at it more closely and, if organizations are circumventing the current by -law, the board should look at tightening it up. Motion: Not to support Article 46. (Flynn- Sullivan) 4 -1 with Torman opposed. PASSES Article 47 - To amend the Town's Zoning map to rezone a parcel of land off Cobb Street from its present classification of R -2 to the classification of R -3. Mr. Clemmey stated that land adjacent to the parcel is zoned R -3 and the houses in the area are all on small lots. He further stated that if he didn't get the amendment approved, he'd be back with grandfathered lots and will challenge the Planning Board on it. Mr. Dolan pointed out that the R -2 zone is also adjacent to the pz_cel and that if the line is moved, next year we'll have someone else coming in and wanting to change their zone line. Motion: Not to support Article 47. (Flynn- Sullivan) 4 -1 with Dolan opposed. PASSES Article 48 - To amend the Town's Zoning map to rezone a portion of land on West Street from its present classification of R -2 to the classification of I -1. Mr. Clemmey pointed out that he's only moving the line on his own property and that he owns all the abutting property. Mr. Sullivan noted that the warrant article says the line is requested to be l moved northerly 946 feet. Mr. Clemmey responded that he has since amended it to 3 518.92 feet. Mrs. Flynn said that she does not believe the town needs any more industrially zoned land near residential areas and will vote against it. Motion: To support the article as amended to 518.92 feet because the applicant is extending the line on his own property and also owns the adjacent industrial land. (Sullivan - Dolan) 4 -1 with Flynn opposed. PASSES Article 49 - To amend Schedule 4.2.2 Density and Dimensional Regulations, Business and Industrial Districts by decreasing the open space requirement from 35% to 15 %. Motion: Not to support the article. (Dolan - Sullivan) 5 -0 PASSES Sue Carrigan of Camelot Kids Daycare Center on School Street was present in response to a newspaper report of a Planning Board meeting in which she was mentioned. She wanted to know if there was a problem with the daycare center that she was not aware of. Board members explained that they had approved the original site plan with conditions and that there was an internal conflict with the Building Inspector not requiring that the conditions be met. Mr. Clemmey commented on his disappointment with the Planning Board and Planning Director in dealing with his proposed by -law amendments and his dissatisfaction with the Planning Board adding items to their worklist for further study and then, in his opinion, doing nothing further about it. Article 32 - Scheduled Development Board members reviewed the latest changes on the proposed by -law amendment. The following changes were made: • 4.2.3.2. Applicability - delete the word "a" and change "unit" to "units" to read: "...or each three (3) bedrooms of multi - family units or fraction thereof..." • 4.2.3.3 Building Permit Limitations - members leaned toward "50% of the total number of unissued permits may be rolled over into the following two years..." Will be further discussed at next meeting when all members are present. • 4.2.3.4 Building Permit Standards - typo; change "or" to "of" Article 28 - Wireless Communication Board members discussed the height limitation. Phil Rudnick, an industry consultant, was present and stated that the 90 foot limit is unrealistic and in reality the by -law is saying that 130 feet is okay with 3.6.7.4.3's encouragement of collocation. He further stated that nobody will want to be below 90 to 100 feet and that most antennas in the area are 120 to 150 feet and that there is one in the Myles Standish Park in Taunton that is 180 -190 feet and another on Hodges Street in Taunton that's 180 feet. He said people in the industry generally know where they need to locate an antenna and first look within a given radius to find an existing site or a suitable structure on which to mount an antenna and that they don't want to get to 200 feet because of FAA regulations. Setback requirements were also discussed. Mr. Rudnick pointed out that there are no setback requirements imposed on flagpoles and that even during the last storm there were no antennas collapsing. The following changes made were: • 3.6.7.2.1 - choice 2a: change "roof" to "structure" as pointed out by Mr. Rudnick, since watertanks, which could be used to mount antennas, do not have roofs • 3.6.7.4.3 - insert "feet" after "...ten (10)..." and typo in "thirty" of the phrase "one hundred thirty (130) feet." • 3.6.7.4.7 - second sentence of second paragraph should say new "monopoles" instead of "antenna support structures" for clarification purposes, as antenna support structures can also be roof tops and steeples. Typo in third paragraph "...inventorying existine nearby..." There were no other changes, with the article to be reviewed again at the next meeting. Board members had no changes to Articles 29 through 32 and decided to discuss Mr. Devine's scheduled development by -law next week. (ArouudIliie Table Leonard Flynn reported on an SRPEDD meeting he attended regarding the MBTA. Adjournment: Motion to adjourn at 10:10 p.m. (Torman- Dolan) 5 -0 PASSES Signature of Clerk Date of Approval