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HomeMy WebLinkAboutmin of planning brd 4/29/1998PLANNING BOARD MINUTES ( April 29, 1998 r 3 J: 03 Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; BerniejEi16bla ; Scott A. Frank, Thomas P. McShane; and Kenneth H. Torman. vv \ssp \NOS�11 Meeting called to order at 7:45 p.m. Mr. Dolan served as Acting Chairman until the arrival of Mr. French. • Minutes of April 22, 1998 Motion: To approve (Sullivan - Torman) 3 -0 -1 with Mr. Frank abstaining and Mr. McShane and Mr. French not present PASSES • ZBA Application of Joseph Milani for a Finding per Section'). 10.4-B of the Zoning By -law to allow for the alteration of a pre- existing, non - conforming single family home at 277 West Street in the R -2 Zone. Motion: To send a positive recommendation to the Zoning Board of Appeals - (Frank - Sullivan) 5 -0 with Mr. McShane not present PASSES • Request for partial release of surety - Stearns Hill Phase V - memorandum from Dan Clifford recommending release of $43,607.62 for work completed, leaving a balance of $294,650.01 Motion: To release the amount recommended (Dolan - Frank) 5 -0 with Mr. McShane not present PASSES • Memorandum from Bill Madan - Chairmen Workshop, Thursday, May 14th at 7:00 P.111. - Mr. French to check his calendar and RSVP to Tracy Pereira • Invitation to Police Station Open House - Saturday, May 9th • ZBA Decision - Chauncy Development Trust, 450 Chauncy Street in I -1 Zone Special Permit granted; Planning Board recommendation: 4 -0 -2 positive • ZBA Decision - Richard Shea, 51 Fram Drive in the R -1 Zone. Variance granted; Planning Board recommendation: 4 -0 negative • Public Hearing Notices - Norton Planning Board • Public Hearing Notices - Attleboro ZBA • Public Hearing Notice - Attleboro Planning Board • Public Hearing Notices - Easton Board of Appeals • Public Hearing Notices - Sharon Board of Appeals • "On the Land" - The Trust for Public Land in New England Journal of the American Planning Association :At otund the a61e Dr. Torman asked if the Planning Board could schedule a meeting with the Zoning Board of Appeals to discuss with them how they make their decisions. Mr. Dolan stated he is 1 Minutes of April 29, 1998 Ralph Maloon was present to explain the plan, noting that the land belongs to Mr. Scarpellini who wants to give one lot to his son. Mr. Maloon stated they have already been through Conservation Commission and are working around the flood plain. Due to the complexity of the plan, members asked that it be held until the next meeting when Mr. Burke would be available to guide the process. Motion: To table action on the plan until next week. (Sullivan- Tonnan) 6 -0 PASSES O & I1 Foal Site Pian Gilbert Street . Mr. Maloon explained the plan, noting the business, housed in an existing building by variance granted by the Zoning Board of Appeals in 1978, is located on the east side of Gilbert Street, just south of Balcom Street. He stated the applicants would like to put an addition on the building for inventory and working space. Mr. Maloon spoke of parking requirements, soil conditions on the site, and showed a leaching catchbasin which has been added to the site plan. The board was advised that the business, which has thirteen employees, takes place mostly during the day, with two people at night. Department head comments were read. Patrick, Kevin and John O'Donnell were present to answer questions about the operation, including lighting and parking issues. Motion: To send a positive recommendation to the Building Inspector with the conditions that the spotlight over the front door be diverted downward to illuminate the parking lot, that there be no additional exterior lighting on the building, and the location of the leaching catchbasin be shown on the plan, along with the proposed grading for the parking area to direct water around the building. Also, that a handicapped parking space be located to the south of the doorway and designated as such with appropriate signage. (Sullivan - Torman) 6 -0 PASSES Motion: To send a copy of our recommendation to the Zoning Board of Appeals. (Sullivan - Frank) 6 -0 PASSES 2onfrtgByiatv�lmendmentPutiltcI� earttg S�risonai��rtnet's1kIiErket ( Doreen Tighe of 56 Spring Street, sponsor of the article on behalf of the Downtown 2 Minutes of April 29. 1998 Business Association, explained that a Seasonal Farmer's Market is being planned to be ( held on Thursday evenings in the municipal lot next to the bank. Mr. Burke's proposed amendment was read and Mrs. Tighe questioned why the original amendment limiting the use to municipal property was changed. It was explained that Town Counsel suggested limiting the use to municipal property was a problem. Mr. Frank stated he assumed it was Town Counsel's opinion it would be discriminatory to do so. Mrs. Tighe gave the board a list of proposed rules and regulations for the farmer's market. Mr. McShane expressed concern about farmer's markets popping up all over town without the kind of rules established by the Downtown Business Association. He suggested that instead of the proposed amendment defining farmer's market, it would be better to state "for the purpose of this by -law a seasonal farmer's market shall be approved upon acceptance of the rules for the seasonal farmer's market by the Board of Selectmen." Mr. Frank suggested the addition of the word "only." Motion: To close the Public Hearing. (Dolan - Sullivan) 6 -0 PASSES Motion: To support Article 10 of the Special Town Meeting and make a favorable recommendation on the Zoning By -law amendment as amended to read: "For the purpose of this by -law a Seasonal Farmer's Market shall be permitted only upon acceptance of the Rules of Farmer's Market by the Board of Selectmen." (McShane - Sullivan) 6 -0 PASSES Attorney Eugene Boyle, Architect Mike Ross, and Engineer Scott Cameron were present to present and explain the site plan of the proposed expansion of Hub Folding Box at 774 Norfolk Street. Comments received from the following Department Heads were read: Fire Department, Police Department, Conservation Commission, and Health Agent. Mr. McShane asked what is there presently for landscaping and what they propose to do to comply with the landscaping requirements. Mr. Cameron showed the landscaping on the site plan, noting it is in compliance and will be maintained. Mr. McShane also asked about the landscape buffer between the applicant and the adjacent property. Mr. Ross said there is a 27 foot gravel roadway for Fire Department access. Mr. Cameron said the first 250 feet is lawn and that will not change. 'Mr. Cameron noted the non - conformance is floor area ratio and lot coverage. Mr. Sullivan questioned the proposed drainage, noting there is currently alot of open space which will be covered if the Special Permit is granted. Mr. McShane asked the applicant what argument they will be presenting to the Zoning Board of Appeals that they should be granted relief. Mr. Ross said they came to Mansfield with the belief they could expand when they grew, and the zoning has changed subsequent to that time. Mr. Cameron noted they maintain the neatest, cleanest building in the Industrial Park and are very conscious of their corporate image. 3 Minutes of April 29. 1998 ( Dr. Torman asked if there is any possibility of their going to a second floor rather than expanding outward. Mr. Ross said it would not be possible due to the style and weight of the presses and their need to stay operational during the construction. Mr. Boyle noted there was no opposition from abutters at the Zoning Board public hearing. Motion: To send a positive recommendation to the Building Inspector for site plan approval, noting the following: 1. The Planning Board is aware of the need for a Special Permit for Floor Area Ratio and Lot Coverage. 2. The drawing should reflect the basis on which the determination was made that 128 parking spaces is sufficient; i.e., based on supporting 100 employees- 3 . A falling head permeability test be done in the leaching galleys area to demonstrate that soil conditions are as assumed in the drainage design. 4. Details of the piping system that will transport the overflow from the galleys to the detention basin be shown on the plan, and the existing pipe network interrupted by the detention basin be shown as re- routed or capped and abandoned. S. The Building Department obtain a letter from the Town Engineer based on his review of the Stormwater Management Report submitted by the applicant dated August 15, 1997. 6. The record should show that the site plan reviewed by the Planning Board is the plan dated April 29, 1998, which reflects some additional square footage numbers from the previous revision. 7. The positive recommendation is granted subject to the applicant showing compliance with the landscape buffering provisions of the Zoning By -law. (Sullivan - Dolan) 5 -0 -1 with Mr. Frank abstaining. PASSES Motion: To send a positive recommendation to the Zoning Board of Appeals. (Dolan - Torman) Amendment: To send a positive recommendation to the Zoning Board of Appeals subject to the applicant showing compliance with the landscape and buffering provisions. (McShane - Torman) 5 -0 -1 with Mr. Frank abstaining. Article 54 - Rezone parcel at Route 140 and West Street from R -2 to I -1 Mr. Frank stated he viewed the location and believes it is a prime site for commercial development; however, when driving along Casa Drive you can see right through the horse farm. He said he will abstain because he can see both sides of the issue and believes the proponents on each side of the issue will voice their opinions at Town Meeting and he would rather the Town decide for themselves independent of his recommendation. Dr. Torman said lie feels the same way. Mr. Dolan said it's not going to stay residential and that some commercial or business use should be there, since Route 140 is all business. He stated lie is not opposed. Mr. McShane said he is against the rezoning because of the encroachment into the residential area. Although he agrees the area is transitional 4 Minutes of April 29. 1998 between commercial and residential, he stated his belief that the area feels residential and if the line is moved, it will just keep going. Mr. Sullivan said he is also concerned that the line will keep going. He noted the houses there are rentals and could be fixed up as residential property. Motion: Not to recommend support of Article 54 at Town Meeting. (McShane- Sullivan) 3 -1 -2, with Sullivan, French and McShane in favor; Dolan opposed; Torman and Frank abstaining. PASSES Article 55 - To amend the Zoning BV -law to require recreation uses only by Special Permit with Site Plan Approval required in all zoning districts. Mr. Frank said he agrees with the Planning Director - -that not every recreation use needs to be a Special Permit. He said he does agree with site plan approval being required, but does not have a problem with recreation being allowed by right in an industrial zone. Mr. Dolan said he also agrees with Mr. Burke and would support site plan approval, but not the requirement for a Special Permit. Mr. McShane said it is difficult to break them out because the lighting on some recreation areas is intrusive and he's not sure they shouldn't require a special permit. He cited the proposed water park as a bastardization of the Zoning By -law by the Building Inspector and stated he doesn't agree with the Town Planner that it's a use by right. He further stated he's not opposed to a football field or a Little League field next to him, but not without public review and a hearing, noting the board earlier in the meeting conditioned O & D Tool about a light over their doorway and when he was growing up, a recreation field was a place you went drinking. Mr. Dolan noted the Planning Board talks about all sorts of things that aren't even before them- -like Great Waves and I- 495 /Route 140 - -and this is before us and we should be making a decision. Mr. Sullivan noted that most recreation facilities developed are pretty substantial and can have quite an impact on the area. Mr. Dolan asked if the Planning Board put any restrictions on the bocce courts proposed for the Bombolini restaurant as to how late they can play. Mr_ Sullivan noted that one or two courts are not a big deal, but twenty are. Motion: Not to support Article 55 as presented until we have time to work out some of the problems with the proposal and to add it to the Planning Board worklist. No second to the motion. Motion: To support both parts of the article. (Sullivan - McShane) 3 -2 -1 with Sullivan, French and McShane in favor; Dolan and Frank opposed; Torman abstaining. PASSES Article 57 - To rezone a parcel of land at 396 West Street from R -2 to I -1 by moving the zone line 25 feet Mr. Dolan noted that particular zone line has already been moved 50 feet last year and said lie didn't see that it would make much difference. Mr. Sullivan said he didn't have a problem with the 50 feet and doesn't have a problem making it 75 feet. Mr. French stated 5 Minutes of April 29. 1999 it appears to be creeping along. I Motion: To support Article 57. (Dolan- Torman) 6 -0 PASSES Street Acceptances Motion: To support the acceptance of the following streets: Douglas Drive, Cedar Ridge Lane, Cottage Street Extension, Justin Drive, Knight Way, North White Pine Lane, Smith Road, Elyse Road, Jean Road and Patty's Road (Sullivan - Dolan) 6 -0 PASSES Motion: To not support the acceptance of the following streets due to incomplete punchlist items: Carlow Crossing, Corbane Drive, Sadie's Way, Cooper Road, Mystic Lane, Shawmut Avenue Extension, Deerpath Circle, and Monahan Lane (Dolan - Sullivan) 6 -0 PASSES Motion: To adjourn at 10:30 p.m. (Dolan - Sullivan) 6 -0 PASSES ue, Signature of Clerk Date of Approval 6 Minutes of April 29. 1998