HomeMy WebLinkAboutmin of planning brd 1/21/1998PLANNING BOARD MINUTES
January 21, 1998
Present: Thomas P. McShane, Acting Chairman; John D. Sullivan, Jr., Clerk; Bernie -
Dolan- Marydee Flynn; Scott A. Frank; and Kenneth H. Torman. Also prpse{it was Shaun -(S
P. Burke, Director of Planning and Development.
Meeting Called to Order at 7:30 p.m.
Minutes of January 7, 1998
Motion: To approve-
(Frank-Sullivan) 5 -0 with Mrs. Flynn not present PASSES
Zoning Board of Appeals Decision
Stanley Feck for Variance for construction of a single family house located at 968
West Street in the R -1 Zone with less than the required lot width and frontage, and to
allow access, with appropriate street address, to the lot off Tremont Street. DENIED -
Planning Board Recommendation: NEGATIVE 5 -0 -0
* Newspaper article re: economic development meeting with Dr. John Mullin
* Public Hearing Notice - Norton Conservation Commission
* Notice of Decisions - Foxboro ZBA
* Public Hearing Notice - Sharon ZBA
Public Hearing Notice - North Attleboro ZBA
* Framingham State College Graduate and Continuing Education announcement
* Planning magazine
* ZBA Application
Cape Cod Lumber Co., Inc. for a Variance from Section 4.2.2 (Open Space
Coverage), and a Special Permit per Section 3.10.4.A (alteration of a pre- existing,
non - conforming structure) for the alteration of, and additions to, an industrial building
located at 80 Hampden Road in the I -1 Zone.
Shaun Burke explained the existing and proposed plans and identified the reasons
for the need of the variance and special permit. He noted that the applicant is not
using any additional open space. Mr. McShane asked if the applicant is in com-
pliance with the buffering and screening regulations. Mr. Burke pointed out that it
is not possible to comply because it is a pre- existing building which comes close to
the lot line. He suggested the board send the ZBA a positive recommendation on
the application.
Motion: To send the ZBA a positive recommendation with the conditions that:
1. The applicant comes for site plan review before the ZBA grants the
1 Minutes of Januan, 21, 1998
variance.
2. To be noted that the Planning Board is making a positive
recommendation because the applicant is not creating any more of a
non - conformity.
(Tonnan- Frank) 6 -0 PASSES
x As -Built Plans for the following streets accepted at the November 24, 1997 Special
Town Meeting:
Jameson Court, Farm Pond Path, Horseshoe Loop, Wagonwheel Way, Wildflower
Lane, Woodland Way, Baybrook Farm
Motion: To sign the street acceptance plans.
(Flynn - Sullivan) 6 -0 PASSES
Mr. Sullivan re- opened the public hearing for a monopole at 30 Reservoir Street and read
the following correspondence:
1. Letter of December 15, 1997 from Omnipoint to Shaun Burke offering to
remove the monopole within six months of notification if the monopole is the
sole reason preventing the expansion of the airport
2. Letter of December 9, 1997 from Omnipoint to Shaun Burke consenting to the
continuation of the public hearing to January 21, 1998
3. Copy of FAA acknowledgment of notice signed by Susan Dempsey
4. Rendering of the proposed tower
5. Letter of January 16, 1998 from the Massachusetts Aeronautics Commission
John Jadhon, representing Omnipoint, noted that they had originally contacted the Mass
Aeronautics Commission (MAC) on October 2, 1997, inquiring as to whether they needed
to provide them with information regarding their application and were told that no filing
was required. He also explained that the plan submitted to FAA didn't show the turf
runway because it had been indicated that it was abandoned. He stated that they faxed
Form 7460 -1 to the MAC today and that Onmipoint is now back in the same position as
they were when they were waiting for FAA approval.
Dr. Torman pointed out that over the course of their meetings with the Planning Board
and Airport Commission during the last three months, members have been trying to tell
them there is a problem. Mr. Jadhon noted that they now realize that FAA approvals take
precedence, unless state law is more stringent and, in this case, MAC does in fact take
precedence. Mr. Sullivan noted that phone calls don't work in dealing with Federal and
State agencies and that it is necessary to get all information in writing.
Mr. Jadhon stated that MAC has not denied the application, but merely is saying they need
to get a permit. He further noted that it is up to the board if they want to continue the
l hearing until the additional information is received from MAC. He said that they don't yet
know if a public hearing will be required by MAC and that they have advised the MAC
2 Minutes of January 21, 1998
that the Mansfield Airport Commission is opposed and that the process has been on -going
since October. It is his hope that the process will be expedited as a result.
Dr. Torman asked where the information regarding the "abandoned runway" came from.
Jeff Siena of the Airport Commission noted that Mansfield had received Federal funding
for the rehabilitation of that runway only two years ago.
Mrs. Flynn asked Mr. Burke if he considers the application to be complete, noting that the
Planning Board cannot vote on the special permit request until the matter is resolved
between the Federal and State agencies.
Motion: To continue the public hearing until the safety issue is resolved by people who
are trained to make determinations regarding safety.
(Flynn - Frank)
Mrs. Flynn noted that the only other alternative is to vote it down because we do not have
a permit in hand and are concerned about safety issues.
Dr. Torman said he would like to see the Airport Commission go to the FAA with the
findings of the MAC and get their opinion, noting that the FAA might not have had the
same information that was available to the MAC when originally asked for their opinion,
as the plan showed an abandoned runway. 0
Brad Wills of the Airport Commission noted that, as a pilot, if his plane is at 90 feet it's
low for that distance from the Airport; however, any obstacle in the way of a plane is not
good.
David Dinneen, Airport Manager, stated that he is against the location of the monopole
due to the safety issue. He pointed out that there are many types of aircraft using the
Mansfield Airport, including fixed wing, rotary wing, banner towing , blimps and balloons.
He said he would be more satisfied with the location of the proposed monopole if it was
just a fixed wing airport, but that the other types of aircraft using the facility depend more
on wind.
Mr. Sullivan noted that at the present time the applicant does not have a written statement
in hand from the MAC as required by Section 3.6.7.3.5 of the Zoning By -law and that the
applicant could resubmit at a later time when all the requirements are met.
Mr. McShane stated that he doesn't believe the applicant is intentionally delaying the
process, acknowledging that unfortunately blame starts to get placed when the process
drags on. He further stated that it would be irresponsible for the Planning Board to go
forward and grant the Special Permit while the regulatory agencies are still fighting it out.
Mrs. Flynn responded that she doesn't think the applicant looked at our regulations and
has not done everything to the letter, noting that we have had many meetings and the
application still is not complete. She noted that she is ready to vote against it and let the
3 Minutes of January 21, 1998
applicant resubmit with everything the by -law requires. Dr. Torman said that he sees it as
a "homework" issue and doesn't think the board should be involved in the battle between
the Federal and State agencies. Mr. Dolan asked if anyone from the Airport Commission
said anything about the MAC when the process started, noting that his recollection is that
the applicant spoke only of having to get FAA authorization.
Mr. Frank pointed out that this is not about a "blame game" and that the applicant has
progressed this far and only needs one more piece of information. He stated that he would
rather continue the hearing and allow them the opportunity to get that information. Other
board members questioned the public hearing process going on so long, noting that the
information may not even be available in April when Federal and State agencies are
involved. Mr. McShane said he thought the applicant would be better off withdrawing the
application because it appears to be impossible for the applicant to get a favorable vote
until the safety issue gets resolved.
Mr. Burke noted that the statement of compliance in the Zoning By -law says, "if
applicable." He further noted that carrying the hearing through another sixty days is not
that much longer, given the length of time the process has been ongoing. He pointed out
that if the intent is to deny the application, the motion would have to be made in the
affirmative and then have the motion fail. He noted that a motion to deny, if it passes, is
not a motion to grant and a second motion would have to follow. Mr. Frank agreed to a
motion to deny on process, but not on merit, noting that if it fails, the board can then vote
on a continuation.
Mr. Jadhon stated that Omnipoint has provided all the information as the board has
requested it and that they only today found out that they need a MAC finding.
Mrs. Flynn withdrew her original motion and Mr. Frank withdrew his seconding of it.
Motion: To deny the Special Permit
(Flynn- Sullivan) Motion FAILS 2 -4 with Mrs. Flynn and Mr. Sullivan in favor,
Mr. Frank, Mr. McShane, Mr. Dolan and Dr. Torman opposed.
Motion: To continue the public hearing to April 1, 1998 at 8:00 p.m.
(Frank - McShane) 6 -0 PASSES
Motion: That the applicant take the following actions prior to the April 1, 1998
continued public hearing:
1. Provide new plans showing the turf runway to any agency that
was previously given plans showing an "abandoned" runway
2. Obtain input from the MAC, FAA and Airport Commission
3. Have the notation regarding "Lincoln Street" removed from
the plan or clarified
4. Obtain verification from FAA that a permit is not needed, based
on the updated plan showing the turf runway as active
4 Minutes of January 21, 1998
Mr. Sullivan read correspondence received since January 7, 1998 as follows:
Letter dated January 21, 1998 requesting a continuation and extension of time
for the public hearing originally scheduled for January 7, 1998 and continued
to January 21, 1998 to March 18, 1998
Motion: To continue the public hearing to March 18, 1998 at 8:45 p.m.
(Torman- Flynn) 6 -0 PASSES
Karl Clemmey addressed the board about his request for a zoning opinion regarding
property owned by Great Woods on South Main Street on which Great Waves is
proposed. He asked the Planning Board to sponsor an article at Town Meeting to amend
the Zoning By -law to change recreation from a use by right to a special permit use with
site plan approval required. He reviewed the recent history of by -law amendments
regarding amusement and recreation facilities, noting that Great Woods Center for the
Performing Arts is now a pre- existing non - conforming use and, as such, requires a Special
Permit for any expansion. He advised the board that lie has submitted a citizen's petition
to put the by -law amendment on the Town Meeting warrant, but said that he would rather
have it come from the Planning Board.
Mr. Burke advised him that we are waiting for Town Counsel's opinion regarding the
situation and that it would not be advisable for the board to speculate on what the opinion
would be. He also pointed out to Mr. Clemmey that the Form A plan filed for the
property would freeze their zoning for three years. Mr. Burke also reminded Mr.
Clemmey that the Planning Board had sponsored an article in 1993 which would have
limited a single parcel of land to one business only, and that article was defeated at Town
Meeting with Mr. Clemmey's encouragement. Mr. Burke advised the board that this is an
issue which most likely will end up being decided by the Court, and it would be advisable
to allow the Court to hear the issue on whether zoning was interpreted properly rather
than advocacy positions taken before the application is filed. He further encouraged the
board to support Mr. Clemmey's article, but not get into issues regarding interpretation of
the by -law prior to the application being submitted.
Discussion continued, with Mr. Burke advising the board of the questions which have
been posed to Town Counsel, reviewing the process taken, and noting that the decision is
expected shortly. The board discussed the process, attempting to determine how they
could be involved in the process to prevent the situation from becoming adversarial.
5 Minutes of January 21, 1998
Mr. McShane asked if the board would be interested in sponsoring a Town Meeting article
( as requested by Mr. Clemmey. Mr. Burke noted that his article is by citizens' petition and
has already been filed. Mr. Sullivan noted that the Great Woods /Great Waves site is
already protected and that any change in the zoning is not going to affect them. He
further noted that if there are any changes to be made on the parcel, the site plan will be
coming before the board for review and recommendation.
Mr. Burke recommended that the board wait until Town Counsel's opinion is received
and, prior to the issuance of a building permit, send a letter to Great Woods /Great Waves,
Town Counsel and the Building Inspector asking them to meet with the board regarding
process so that concerns about input and review can be heard. Mr. McShane said he
would like the board to consider setting aside time apart from a regular meeting night
when the plans are submitted.
Motion: To adjourn at 10:50 p.m.
(Dolan- Frank) 6 -0 PASSES
6 Minutes of January 21, 1998
nature of Clerk
Date of Approval
Minutes of January 21, 1998