Loading...
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