Loading...
HomeMy WebLinkAboutmin of planning brd 4/15/1998PLANNING BOARD MINUTES April 15, 1998 Present at the start of the meeting: H. Thomas French, Jr., Chairman, John D. Sullivan, Jr., Clerk; Bernie J. Dolan; Marydee Flynn; Scott A. Frank, and Kenneth H Torman. Also present was Shaun P. Burke, Director of Planning and Development. Thomas P McShane arrived at 7.55 p.nt Meeting called to order at 7:30 p.m. Mylars for The Village at Willow Crossings were signed. Coy espondeince • Minutes of March 11, 1998 pale 1, Mr. Frank was not present; Mr. Sullivan was. pale 4, change word "waivers" to "easements." Motion: To approve as amended. (Flynn - Sullivan) 5 -0 -1 with Mr. Frank abstaining. PASSES • Minutes of March 25, 1998 Motion: To approve (Flynn - Sullivan) 6 -0 PASSES • Minutes of April 1, 1998 Motion: To approve as amended (Sullivan - Flynn) 6 -0 PASSES • ZBA Applications I. Variance for sign for VersaCare at 300 Branch Street Motion: To send a negative recommendation because the sign is too large and seriously derogates from the intent of the Zoning By -law for property located in a residential district. Also, it is the Planning Board's opinion that there is no need for a large sign, based on statements made by the applicant during the site plan review that clients will be arriving by van and the driver will therefore know where the building is located. (Flynn- McShane) 7 -0 PASSES 2. Variance from Section 42.1 Frontage and Lot Area, for the creation of two non- contorming lots on Richardson Avenue (between Willow and Geneva Streets) in an R -2 Zone Motion: To send a negative recommendation because the applicant is trying to create two lots from a 22,300 sq. ft. parcel where 20,000 sq, ft. is required for a single lot- (Frank -Sullivan) 7 -0 PASSES • Public Hearing Notice - Norton Planning Board • Public Hearing Notice - North Attleboro ZBA • Public Hearing Notice - Foxboro ZBA Minutes of April 15. 1998 • Notice of Decision - Plainville Planning Board • Public Hearing Notice - Sharon Board of Appeals • Notice of SRPEDD Joint Transportation Planning Group meeting • MassDevelopment Predevelopment Assistance Program brochure • BavState Roads Seminar Notice • First -Time Homebuyer Program Notice • Mass. Federation of Planning & Appeals Boards Conference Notice • Planning magazine • Memorandum from Dan Clifford recommending surety for Canterbury Estates Phase D be set at $263,160.79, which includes 10% contingency Motion: To set surety at $263,160.79. (Dolan - Sullivan) 6 -0 -1 with Mr. McShane abstaining • Memorandum from Dan Clifford recommending partial release of surety for Canterbury Estates, Phase C (Harvestwood & Colonial) in the amount of $285,971.90, leaving a balance of $153,055.39, which includes the 10% contingency. Motion: To release $285,971.90, leaving a balance of $153,055.39 (Flynn- Sullivan) 6 -0 -1 with Mr. McShane abstaining • Form J Release for Canterbury Estates Phase D Motion: To sign Form J, releasing lots 109 through 115, lots 122 through 134, and lot 167 (Sullivan - Dolan) 6 -0 -1 with Mr. McShane abstaining • Plans for Village at Willow Crossings (20 day appeal period now expired) Motion: To sign the plans. (Sullivan - Torman) 7 -0 PASSES • Copy of letter from MassHighway to Board of Selectmen re: 1-495/Route 140 interchange Zoning By -law Ammndments Stl4rrsored by Karl (femrney Mr. Clemmey reviewed three zoning by -law amendments he is sponsoring by citizen's petition at Town Meeting. 1. Article to amend the Town's Zoning map to rezone a parcel of land located on West Street from its present classification of R -2 to the classification of I -I Richard Gordon of 407 West Street presented a petition in opposition to the rezoning signed by sixty -seven residents of the affected area. He also stated this rezoning is not in keeping with the recommendations of the Master Plan. 2. Article to amend the Town's Zoning map by moving an existing I -I zone line on West Street 25 feet into the existing R -2 zone. Mr_ Clemmey said he needs to move the same zone line 25 feet in addition to the 50 feet it was moved last year to get the 75 foot buffer and the necessary sight distance. Mr_ Gordon said the neighbors are opposed for the same reasons they oppose Mr. 2 Minutes of April 15. 1998 Clenmtey's first zoning amendment 3. Article to amend the Zoning By -law Schedule of Principal Use Regulations by changing 3.2.4 Recreation from a use by right in designated districts to a use by Special Permit with Site Plan Approval required in all districts. Discussion followed as to whether it would make more sense to just better define "recreation" or if there should be some distinction made between small and large recreation uses, with larger ones requiring site plan approval. Further discussion involved spectator sports versus recreational uses involving only the participants. Mr. Clemmey requested that the hearing on his zoning amendments be continued for one week to allow him the opportunity of talking with his neighbors regarding their concerns. Motion: To continue the public hearing to April 22, 1998 at 9:00 p.m. (Dolan - Frank) 4 -3 with Sullivan, Flynn and French opposed. PASSES Qntripoint GOntn tn7ltQtlons; Continued !Publie HeRring The following correspondence was read: • Letter dated April 13, 1998 from John Jadhon, representing Omnipoint • Letter dated April 10, 1998 from Wayne Kershner of the Massachusetts Aeronautics Commission with permit attached It was noted that Massachusetts Aeronautics Commission has issued Omnipoint a permit to locate the monopole at 30 Reservoir Street and the Federal Aviation Administration has made a determination that the location is not a hazard to air traffic safety- The draft decision was reviewed, discussed, and amended. Motion: To approve the Special Permit for Omnipoint Communications with the conditions as drafted and amended (Sullivan - Torman) 7 -0 PERMIT GRANTED Vote: Mr. Frank - in favor because it meets the requirements of the Zoning By -law; it best meets the intent of the Zoning By -law, and the benefits to the Town exceed whatever detriment there may be. Dr. Torman - in favor for all of the stated reasons, plus Massachusetts Aeronautics Commission and the Federal Aviation Administration have no problem with it. Mr. Dolan - in favor for the same reasons. Mr. McShane - in favor because it's consistent with the Town of Mansfield Zoning By- law. 3 Minutcs or April 1 S. 1998 Mr. French - in favor on the basis of the permits issued by the MAC and approval given by the FAA, and it meets the requirements of the Zoning By -law. Mr. Sullivan - in favor because it meets the intent of Mansfield's wireless communications tower by -law and, although lie has reservations about the location near the airport, is relying on the MAC and FAA permits. Mrs. Flynn - in favor because it meets the specifications of the Zoning By -law. Motion: To close the public hearing (Sullivan - Torman) 7 -0 PASSES Rif er; dge ltelintiitary Plait Review. Mr. Burke explained that the plan came in previously as a traditional subdivision connecting to Canoe River Estates, at which time the Planning Board encouraged the applicant to come back with a cluster proposal- There had been additional discussion and it was the applicant's intent to move forward with the submission, but a problem arose regarding ownership. Now that amendments to the subdivision regulations have been proposed, the developer submitted this plan as a preliminary to freeze the subdivision requirements and afford him the opportunity of coming in with a new definitive plan within seven months. Although the board has seen the plan in the past, there are additional staff comments as follows: • Memorandum dated April 15, 1998 from Richard Lewis, Environmental and Conservation Planner • Memorandum dated April 1, 1998 from Lee M. Azinheira, Town Engineer • Memorandum dated March 30, 1998 from Pltm. Lance Lawson, Traffic Safety • Memorandum from Mansfield Water Department Mr. Burke suggested the board deny the preliminary plan for the reasons contained in the staff comments. Motion: To deny the preliminary plan. ( Torman- Sullivan) 7 -0 PASSES • Form A Plan for the parcel of land on East Street to be the site of Bristol Liquors. Mr. Burke explained the reason for the plan is to establish meets and bounds on East Street. There are no lot line changes and the buyer's attorney wants to put the plan of land on record prior to the conveyance of the property. He recommended endorsement. 4 Minutes of April 15. 1998 Motion: To endorse the Form A Plan. (Torman - Sullivan) 7 -0 PASSES • Form A Plan for Keli Lane which moves the line between two lots to get the required setback on lot S. Motion: To endorse the Form A Plan (Sullivan - Flynn) 6-0 -I with Mr. McShane abstaining Around the Table Mr. McShane presented the draft of the letter he prepared to be sent to MassHighway clarifying the board's position on the I- 495 /Route 140 interchange. Board members will review the draft and fax their comments to Mr. McShane prior to the next meeting. Mr. Dolan reported that the Capital Improvements Committee voted to support the $30,000 for the bike trail. Mr. Sullivan said he would like to retract a statement he made at the previous meeting when he disagreed with Mr. Burke regarding the granting of waivers on special permits. Public Conintent Mr. Clemmey questioned the expansion of the Player's Choice Soccer Bubble and the requirement for site plan approval for it's expansion, criticizing the board for "making rules they don't enforce." Mr_ Burke noted that the Building Inspector is the enforcement official, and Mr. Clemmey's complaint is misdirected. Mr. McShane said we've had this issue before and have asked the Building Inspector to take action in the past without avail. Motion: To send a letter to the Building Inspector asking him for a status report on the project and requesting him to enforce the landscaping requirements. (Dolan- Sullivan) 7 -0 PASSES Mr. Clemmey complained that his zoning articles were at the end of the warrant for the Annual Town Meeting and asked the Planning Board to make a recommendation that all zoning articles be placed together on the warrant. Mr. Burke noted it is not within the Planning Board's jurisdiction to determine the order of warrant articles. Mr. Clemmey suggested the Planning Board make it easier for businesses to expand in designated areas and stated the present requirements are causing businesses to leave Mansfield for Norton and Franklin_ Adjournment: Motion to adjourn at 11:00 p.m. (Frank- Torman) 7 -0 PASSES 5 Minutes of April 15. 1998 Nest Meeting: April 22, 1998 at 7:30 p.m. i Si- =nature of Clerk Date of Approval Minutes of April 15 1999