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