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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 (Dolan - Sullivan) Motion withdrawn Motion: To send the ZBA a positive recommendation (McShane- French) 3 -3- l with Frank, McShane and French in favor; Sullivan, Dolan and Flynn opposed; Torman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. 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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