HomeMy WebLinkAboutmin of planning brd 1/7/1998PLANNING BOARD MINUTES
January 7, 1998
Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie Dolan;
Marydee Flynn; Thomas P. McShane; and Scott A. Frank; and Kenneth H. Torman. Also
present was Shaun P. Burke, Director of Planning and Development.
Meeting Called to Order at 7:40 p.m.
Minutes of December 17, 1997.
Page 4, item 16A: add `and wells" to read "...structures and wells..."
Motion: To approve as amended.
(Sullivan - Dolan) 5 -0 -2 with Mrs. Flynn and Mr. McShane abstaining.
PASSES
Special Permit Decision for Chatham Realty Trust for Residential Compound off Bird
Road
Motion: To add "and wells" to condition 16A and sign Special Permit
(Sullivan - Dolan) 6 -0 -1 with Mr. McShane abstaining. PASSES
( Letter from Peter J. Sangermano Construction, Inc., withdrawing application for
Special Permit for Village at Willow Crossings off Cobb Street, to be re- submitted
when plans for the subdivision of the property are completed.
Motion: To accept the withdrawal and reschedule for February 18, 1998 at
8:00 P.M.
(Sullivan- Frank) 7 -0 PASSES
Zoning Board of Appeals Applications
Vincent caul Ccn•mela Torfora for a variance from front and rear yard setbacks
for an addition cut 147 Central Street in the R -3 Zone
Motion: To send the ZBA a positive recommendation, provided the abutters
have no objection to the granting of the variance.
(Frank - Torman) 5 -2 with Mr. Sullivan and Mr. McShane opposed.
PASSES
Gretchen B. Elliott for a variance fi•onn the Density and Dimensional Regulations
for the conshuction of a single family home on a non- conformingRarcel of land
localecl on Richarclson Avenue (beriveen Willow and Geneva Sheets) in an R -2
Motion: To send the ZBA a negative recommendation because the variance
requested would be creating two non - conforming lots.
( (Flynn- Sullivan) 6 -Cwith Mr. Dolan opposed. PASSES
Minutes of January 7. 1998
Joe Carter•for a variance f om front yard setback for an addition at 17 Weaver
Lane in an R -1 Zone
Motion: To send the ZBA a negative recommendation as the subdivision was
approved because it meets the zoning requirements.
(Dolan - Sullivan) Motion withdrawn
Motion: To send the ZBA a positive recommendation
(McShane- French) 3 -3- l with Frank, McShane and French in favor;
Sullivan, Dolan and Flynn opposed; Torman abstaining. FAILS
Letter from Karl Clemmey re: Great Waves
Copy of Planning Board's letter to Charter Review Commission
Memo from Scott Leite, Health Agent, re: Sound Workshop to be held January 15,
1998 at 7:45 p.m.
Mr. Dolan noted that Capital Improvements Committee is also meeting that night
at 6:00 p.m. and that he would be unable to attend either meeting. Mrs. Flynn and
Dr. Torman said they would be present for CIP and would also attend the Sound
Workshop.
Environmental Notification Certificate for Great Waves from Trudy Coxe
Environmental Notification Certificate for The Park at Great Woods from Trudy Coxe
Building Construction Report for December 1997
Public Hearing Notice - Attleboro Planning Board
Public Hearing Notice - Norton Conservation Commission for The Park at Great
Woods - January 12, 1998 at 8:00 p_m.
Public Hearing Notice - North Attleboro Planning Board
Framingham State College Graduate and Continuing Education course bulletin
1998 APA National Planning Conference Information
Community Development Digest
Massachusetts Employment Law Letter
Thank you note from Marydee Flynn for fruit basket
Mr. McShane noted that MEPA is not ignoring our comments and that MassHighway is
using the SRPEDD delineations.
Motion: To send a letter to MEPA, calling attention to the intersections the
Town of Mansfield asked to be included in the study.
(McShane- Flynn) 7 -0 PASSES
Motorola Coinnnnicatloxrs Iorrer att 1�cst Sfreet- PaUltctcarrng:
The public hearing was opened at 8:20 p.m. with Mr. Sullivan reading the hearing notice
and a letter from the applicant requesting that the hearing be continued to January 21,
1998, to allow the applicant the opportunity to first go before the Zoning Board of
Appeals to request the needed variances-
2 Minutes of January 7. 1998
Motion: To continue the public hearing to January 21, 1998 at 8:30 p.m.
(Dolan - Sullivan) 7 -0 PASSES
Ted Mahoney and Donald Baker were present, along with their attorney Edward
Valanzola, to discuss their proposal for affordable senior housing to be built on a parcel of
land located off Oakland and Charles Streets. They cited the need for additional senior
housing with people living longer, noting that there are only 131 units now available.
They noted that the monthly rent would be in the $500 -$650 range and that the project
would be developed using a tax credit program to keep them affordable. They cited the
benefit to the Town of building 46 one- bedroom units for seniors who would use few
town services, as opposed to building single- family homes or multi - bedroom apartments
which would attract families with school -aged children.
Mr. Valanzola pointed out that they are here, as encouraged by the process, to get input
from the board, and that they would eventually be going before the Zoning Board of
Appeals for permitting. Mr. French asked if this application would be for a comprehensive
permit under Chapter 40B. Mr. Valanzola replied that it would be, noting that the ZBA
has the power to override local zoning requirements under a comprehensive permit.
Mrs. Flynn asked why they would be seeking a comprehensive permit, rather than using
( the regular procedure. Mr. Mahoney replied that the need is there and that there is no
other provision to provide affordable elderly housing. Mrs. Flynn then asked how this
proposal is different from assisted living, and Mr. Mahoney stated that this is for "active"
seniors who don't need extended services and that the cost is far more affordable.
Mansfield zoning also does not allow apartments in the R -2 Zone, nor does it provide the
density requirements to build affordable senior housing.
Mr. McShane asked if the applicants have looked at other alternatives for providing for
the required zoning in Mansfield, noting that the board worked diligently with Mr.
Clemmey to change the zoning to accommodate assisted living residential care. He stated
that the need is for "senior" housing, not "affordable" housing which is currently at 9
percent. He pointed out that great care was also taken in the drafting of the building
limitation by -law and it worked to accommodate the expansion of housing for the elderly
without losing our ability to control development. Mr. Mahoney stated that there are no
other alternatives, noting that in order to get tax credits, the housing built must be
affordable.
Mr. Valanzola said they have looked at other alternatives, but that 40B appears to be the
way to go without worrying about zoning changes, other approvals and opposition, and
that his clients feel more comfortable proceeding on that basis.
Mr. Dolan asked if there would be-age restrictions, to which Mr. Mahoney replied that
Federal definition calls for one occupant to be 55 years of age or older. Discussion
3
Mimics of January 7, 1998
3661 `L CieummjJO salnuryW t
sJ1om i?uisnoq isoo
-mol io3 ule13o1d aniivaoui xei agl moll pue passnOsip 'Suiaq 5uisnoti olgvp1o33e 3o sadAl
snouun aql giim `sumol vale ioglo of pandwoo se plogsuel^ ui Suisnoq olqup1o33u 3o
asuluaolad aqi pue sampaaoid "upliwlad Onisuagaldwoo °wplelal panupwo uoissnosiQ
oS ueo noA
1e3 os Aluo si alagl legl Inq `suoileloin *seal gnnolgi possalppu Oq ueo suoiiunlis osogl 3o
awos ;ugl paildal elozuelvn -.Iyg ivalvd v tpim nuinil ualpinlo 1lnpu oq pinoo 0101 1I palou
osle 10311S isaM3o uoplo[) plugoig -iaglowpuvzn noill glim wing uaipiigopuuao aalgi
oq pinoo any i?uilou polloquoo oq ueo liun lad oldood 3o iz)gwnu agi 3i pwlse ouetISOln
-ayq a;Rv umo .liagl auoawos ,Cizuw 01 Onvq lags auoawos liar i,uuo noA lugl Inq `laplo
10 o2v3o sluaf SS oq of luawuedu goua3o iuudnaoo auo annbo.1 uvo no, isoui le legs plus
elozueluA -IW -.iem tue ui Ioafoid aql 13111sa1 of pamolly sum umol ag131 pqsv uvloQ -ilk'
suuld
puq Oslo ouofuu 3i mouii l,upip aq pies lauogLW 1A uiagl 3o uaas suq pleog 3UIUuBld
aql Isig agl si sigl hill Ouilou `sueld paniaOal aneq splvoq lagio ,Cue 3i pa-.isu a3ting
11N sluawuioo .103 po lsv pue la�oed uorlvw.iO3m ue uanin uaaq suq pivoq Plana imp
-- palOeluoo uaaq anuq spleoq Ile lugl pies ,Cauoqul^i lIN 114m `IOU Y pue ulatll pagoeolddu
anuq datil3i pa�Isu puu uawlooloS 3o pleog agl si `plogsuuAT ui `gogm digslanlu'l nuisnoll
luoo -I agl ql!m iusodold atll Suissnosip oq pinoils luvoildde ails Iugl palou wling .jAT
-31lud slolisin
op alagm `liun lad papinold si ands Suppud auo Aluo 3! pa ise uatll sll!M W sulaouoO
alewill2al lopisuoo of splvoq ieool alum laatu of panulnoana ale hill ssaoold oql lapun
Imp puu olgissod se qonw se dldwoo of sluem luvoilddu aqi Ivgl palldal elozuI3FA 11^
01 luvm lagl3i uana ioafoid agl doss l,ueo siogwow pluoq 3! pleog Suluuuld aql alopq
si lueoildde ay ,Cqm puulslapun i,usoop aq iegi palm laaliS uosdwogZ So 13o slpjAk Pvlg
II pue I lodaQ lo3 sem paluaig iliulad anisuagaldwoo
Isel agi iugi uoilualle s,pleoq aqi of IgSnoiq laaliS luesuald £9 3o osouilnZ [V
ienoldde 1o3 VUZ aql alo3aq ind si EunllXjana
osnuooq Iiwlad anisuagaldwoo u papuo s,1i let{l puv ` &Uu0z leool wuipasladns `guisnog
aiquplo33e liwlad of siodolanap samolle goiqm „lou Ruluoz gous -iluu„ Dy pa{luo Xlieuispo
sum goiqm mu-I lulauoD silosngoussuy�T aql 3o uopoas ogioads u si it ;eql pauiuldxo
aling III si „gop, iegm pajsv puu dwems v oq of slapisuoo ail lugm io3 poiliuigns
sell iuvoildde aql ueld gilno3 aq1 si soli palou anuanV uvtuSui}I 3o rlopnelg plegaiZl
mou 1i uo sliun
9t 1nd foy pinoo moq li uo sawotl S piinq of alq!sea3 i,usem ii 3! `pue ,Clsnoinald laalud
sigl uo plinq of poili suq lunilddu ai{i ivgl palou 1aa1lS sailugj } s 3o UOIOldvlS IfjagD
svom =Aoid anllu03UI xel 341 moq pue `paluoolle oq pinom by
moil `sloluas 103 panlasoi aq pinom goiqm shun 3o a�vluaolad aql nuiple al panuquoa
Joan McClutchy of 17 Fuller Place asked how a parcel, which was unbuildable previously,
now becomes buildable. Mr. French noted that a previous plan was for single - family
homes and that wetlands are shown on the site. He explained that the applicant would
have to demonstrate that the proposed project can be built on the parcel. Mr. Valanzola
stated that an appeal has been filed on the case and that nobody has ruled that the parcel is
unbuildable, nor has the Appeals Court said that the parcel is a swamp. Mr. Burke noted
that two previous plans have been rejected by the Planning Board and were appealed, one
of which is still pending. Mrs. Flynn said she is surprised to hear that the applicant is
interested in working with the board when they never were before. Mr. Valanzola
commented that he is working with the applicant on this project and this is the way he
intends to proceed. Discussion ended at 9:40 p.m.
Tom Buckley of Bay Colony Engineering presented the plan, noting that the site is
presently being used by Charles Massison for his party rental business in one building with
a gymnastics school in the other building. A building recently taken down on the site is
being replaced with a new 100 ft. x 160 ft. gymnasium to be built on a slab. The entire
site is paved, and the building that was taken down was sited on top of the existing
pavement. The impervious area will not be changing. Parking was pointed out on the
plan, with Mr. Buckley noting that the current gym needs 13 spaces, according to the
person renting the building, and that they are showing 30 on the plan.
Mr. Sullivan read comments received from Shaun Burke and Patrolman Lance Lawson.
Questions were raised regarding signage on the property. Mr. Buckley also pointed out
sewer improvements being done, with all the buildings on the site being tied in. He also
noted that the site is served by gas and has town water, with a 10 inch main in the street.
The site plan indicated Cape Cod berm and a green area in front, and it was noted that it is
exempt from current landscaping and screening requirements because the building to be
constructed is a replacement building on the site. The exterior of the building will be a
light blue metal to match the existing buildings.
Mr. McShane asked what is proposed for landscaping and if there would be any trees
planted between the site and residential properties. Mr. Buckley pointed out that there is a
railroad tie retaining wall in front which will not be touched. The fence going from the
property line to the beginning of the railroad ties will be taken down, with the fence being
left on top of the retaining wall and stopping at the gate. Mr. McShane said he hoped Mr.
Buckley would encourage the applicant to put in some plantings, even if they are not
subject to the landscaping provisions. Mr. McShane requested that the Planning Board be
notified with the permit is issued. Mr. Burke suggested that the board might want to
request that the Building Inspector re -visit the issue of whether landscaping regulations
apply and ask that he have them do some screening and buffering.
Mr. Sullivan noted that even though they are not covering any more surface, he would like
5 Minutes of January 7, 1998
to have them give some attention to drainage.
Motion: To send a positive recommendation on the site plan to the Building Inspector,
suggesting that the access /egress points be illuminated as recommended by Lance Lawson,
and that any sign they provide be submitted to the Building Inspector to be sure it
conforms to zoning. Further, that consideration be given to plantings along the street and
the side abutting residential property, to more closely meet the intent of 5.3.4 and 5.3.6.2
of the Zoning By -law regarding landscaping and buffering, and that the Building Inspector
advise the Planning Board as to why landscaping and screening requirements don't apply
to this site since the building is a different size and location and a different use and not
within the same footprint of the original building. Also note that the Planning Board is of
the understanding that the proposed gymnasium is open floor space without bleachers in
considering the parking provided as shown on the plan.
(Sullivan- Dolan) 7 -0 PASSES
Richard Gordon of 407 West Street stated that he is here because of concern regarding
comments he read in the newspaper about the re- zoning of a portion of West Street by
Karl Clemmey. Mr. Gordon presented the background of the neighborhood, citing
attempts in the past to re -zone the area. Mr. French pointed out that the board did not
request Mr. Clemmey to present a re- zoning article, nor have they taken a position on it,
but merely advised Mr. Clemmey that he would have to get the required signatures on a
citizen's petition to place the article on the Town Meeting warrant. The Planning Board
would then be required to hold a public hearing and make a recommendation to Town
Meeting regarding the article.
Mr. Sullivan noted that although the board did not take a position, there was some
discussion regarding that re- zoning to I -1 would be more consistent with what's across
the street, rather than re- zoning to a business zone, which is what Mr. Clemmey wanted to
do. Mr. Gordon noted that he has a problem with the expansion of the industrial zone,
stating that it will lower the value of their residential property.
Board members reassured Mr. Gordon that the comments he read in the paper were
misleading and that they will not be taking any position on the matter until input has been
received at a public hearing.
Mr. Frank said that he appreciates people coining in when they have a problem, but hates
to see them getting out of control. With regard to the proposal off Oakland Street, he
noted that the same people, and with the same comments, will appear again and be heard
again when a public hearing takes place. Mr. French noted that it is sometimes difficult to
draw the line in letting people be heard and getting the input necessary without allowing
repetitive comments.
6 Minutes of January 7, 1998
Mr. Sullivan suggested that if people want to discuss something with the Planning Board,
they should first file a plan. Mr. French said he thinks the public is better served if people
can come in and talk to us. Mr. Burke, with regard to the Oakland Street project, said
that the problem is the proponents have been before us so many times for projects on the
same property and needed nineteen waivers at one point. Mr. Frank stated that-he felt the
applicants were very unprepared.
Mr. Frank commented that there was recently a letter regarding the Federal
Communications Act and suggested that we get more information on the law proposed by
Congress making the communications industry exempt.
Dr. Torman noted that the plane that crashed at the airport recently was headed directly
towards the area of the proposed monopole on Reservoir Street and, had it gotten 50 feet
more, it would have hit the pole.
Mr. Dolan asked if anything further has been done about fencing along the railroad tracks.
Mr. Dolan also commented on the upcoming closing of School and Elm Streets during the
reconstruction of the railroad bridges.
Mr. McShane brought up the Great Waves ANR plan and asked if Town Counsel had
ruled on it. Mr. French pointed out that the Planning Board goes by the information
shown on the plan and is not responsible for verifying its accuracy. If the information
presented is inaccurate, the plan can be challenged in the courts. Mr. McShane said his
question was whether Town Counsel has ruled on the use, which he has not. Mr.
McShane asked Mr. Burke to explain the role of the Fair Housing Committee. Mr. Burke
said they are a committee charged with hearing housing discrimination issues. Mr.
McShane noted that he is concerned that they are using the Master Plan as a platform to
go look for Town -owned land for affordable housing.
Mrs. Flynn spoke briefly about the meeting with Professor Mullin regarding economic
development.
AdlAUrnmenf
Motion: To adjourn at 11:45 p.m-
(Dolan-Frank) 7 -0 PASSES
zi -y �
Signature o Clerk Date of Approval
7 Minutes of January 7, 1998