HomeMy WebLinkAboutmin of planning brd 11/17/1999Planning Board
Minutes of November 17,1999
Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; ,Mark -Cook;
Bernard J. Dolan; Scott A. Frank; Thomas P. McShane; and IcpnrI 13 .T.orfi alr 1 S
� , ._ ,
Motion: To nominate Mr. Dolan as Acting Chairman until the arrival of Mr.
French.
(Torman- Flynn) 5 -0 PASSES
Canoe River ?Acres Modification Plan
Mr. Burke advised the Board that the Covenant has been prepared and duly
recorded, the Town Clerk has certified that there have been no appeals, and the
plan should be signed.
Motion: To sign the Canoe River Acres Modification Plan
(Torman -Cook) 4 -1 with McShane opposed, French and Frank not present
PASSES
A workshop was held to review Zoning By -Law amendments in preparation for
the Annual Town Meeting in the spring.
Section 3.5 BUSINESS USES Industrial 1 Zone
3.5.1 Mall Currently allowed by Special Permit
Proposed not to allow
Members discussed the advisability of eliminating this use from the Industrial I
Zone, with Mr. McShane noting that Mansfield is a very different community
today than it was when the.uk --was put into place at a time when the community
was looking for growth. Mrs. Flynn noted that regional malls are quite different
now than they were when the regulations were instituted. Mr. McShane pointed
out that if someone wants to come into Town with a mall and it's not an allowed
use, they have the ability to go before Town Meeting to have the parcel rezoned.
Mr. Frank stated the result would be different proposals by different developers
on various parcels throughout town which is not good planning and leads to spot
zoning. Mr. Dolan noted that when people come into Town Meeting with a
project of significance, the end result is special interest groups packing the
meeting. Mr. Burke said that if the use is removed from the Table of Uses, a
proponent would have to define the use, as well as identify the zone, and would
most likely be asking that an Industrial 1 parcel be rezoned to a Business Zone.
Motion: To leave "Mall" as a Special Permit use in the Industrial 1 Zone.
(Dolan- Torman) 4 -3 with Frank, McShane and Flynn opposed. PASSES
- 1 - Meeting of November 17, 1999
Mr. McShane noted that the Board's decisions in analyzing the uses in the
( Industrial 1 Zone are now inconsistent with the Residential and Business zones.
Mr. Burke pointed out that it is important to look back at the reason we were
reviewing the uses in the Industrial zone, that being the concern over retail in the
Industrial 1 zone and the prevention of warehouses being turned into "big box"
stores. He further noted that it does not mean it is inconsistent to change it in one
zone and keep it in another it just means its preferable in one zone and should
require greater scrutiny in other zones. Mr. Frank noted that it does not have to
be consistent —only defensible. Mr. McShane said he would like to look further
at the following uses: amusement facility, vehicular dealership, and parking
facility. Mr. Burke was requested to put something together for the Board's
review and to make a recommendation on anything else that should be reviewed
in the Schedule of Uses.
The question was raised as to why the Reservoir District was included under
Residential when non - residential uses are allowed. Mr. Burke said it gives
flexibility to do something with a very unique parcel of land.
Mr. Burke advised the Board that he had a discussion with Jay Barrows at Town
Meeting regarding the Board's position of protecting residential neighborhoods
from industrial encroachment, noting that the Board is opposed to piecemeal
rezoning of neighborhoods. Mr. Burke suggested that the Planning Board and
( IDC share some common goals and it would be a good idea to sit down with the
IDC members for a workshop sometime in January. Mr. McShane asked Mr.
Burke to find out if the IDC is willing to reconsider their recommendation on Mr.
Clemmey's rezoning article.
Section 5.7.2 Standards
Board members discussed the proposed amendment and whether to establish a
specific time period that the land must be held prior to submitting a plan for a
residential compound. Mr. Frank suggested that five years should be long enough
to discourage someone from doing something just to skirt the Zoning By -law.
Motion: To change "may" to "shall" and institute a requirement that the original
tract of land upon which the Residential Compound is proposed be held for five
years prior to submitting a plan.
(Frank- Dolan) 7 -0 PASSES
Section 4.4 Off - Street Parking and Loading
Mr. Burke suggested the Board consider reducing the 50 foot setback in the B -3
Zone to something less, noting he would rather see the parking behind the
business and move the building closer to the street. Mr. McShane said he
believes the Downtown should be pedestrian friendly, but he is concerned about
Route 106, noting that people do walk there and there is residential property
along that corridor also. Mr. Frank suggested that would only offer a short term
answer and.it would be better to look at the zoning in the whole area. Mrs. Flynn
- 2 - Meeting of November 17, 1999
offered the opinion that it is an opportunity for the Board to stop Mansfield from
becoming another Route 1 in North Attleboro. Mr. Burke suggested taking a look
at giving the Zoning Board of Appeals authority for landscaping and possibly
parking. Board members did not agree with this suggestion, and said the setback
should be different in the industrial zones than in the Business 3 zone.
Motion: To establish a 15 foot setback in the Business 3 zone.
(Dolan- Flynn) 6 -1 with Mr. Frank opposed PASSES
Section 4.4.4.3 Location
The suggestion was made that Mr. Burke look at setbacks in other zones and work
out something that would be proportional, with the required setback increasing
with the height of the building.
Section 3.3.4 Rooming House Definition
Motion: To delete definition of Rooming House and renumber
(Flynn- McShane) 7 -0 PASSES
Section 3.5.1 Retail Store Definition and Schedule of Principal Use
Regulations
Following discussion:
Consensus: Leave as is
Section 3.5.7 Hotel/Motel Definition
Motion: Take out "more or less"
(Dolan -Cook) 7 -0 PASSES
Section 3.5.11 Kennel Definition and Schedule of Principal Use Regulations
Motion: To eliminate in the Residential 1 District by changing "S" to "N"
(McShane - Flynn) 7 -0 PASSES
Section 3.5.20 Parking Facility.
Consensus: Wait. to see what Shaun Burke .recommends after looking at it
further.
Section 3.6.1, 3.6.2 Warehouse and Bulk Material Storage/Sales
Mrs. Flynn said her intent was to eliminate the opportunity for transfer stations to
be included in either of these definitions.
Motion: To request that Mr. Burke get a definition for "waste" and "transfer
station" for the Board's review.
(Flynn- McShane) 7 -0 PASSES
Motion: To delete the comma after "for open and enclosed" in the definition of
Bulk Material Storage and Sales.
(Frank- Torman) 7 -0 PASSES
- 3 - Meeting of November 17, 1999
Section 3.6.4 General Manufacturing Definition
Consensus: Take out everything from `Bottling works" to "general
manufacturing plants" to read: "General Manufacturing plants and facilities,
provided that all smoke, odor, particulate matter, toxic matter, fire or explosive
hazard, glare, noise and vibration shall be effectively confined to the premises or
disposed of in a manner so as not to pose a present or potential hazard to human
health, safety, welfare or the environment."
The following topics were discussed, with Mr. Burke to follow up on each:
Cape Cod Lumber off -site signs at 390 West Street
Bombalini site work (send another letter requesting timetable for
resolution)
bus stop to be built as a condition of Mayhew Farm Special Permit
Mrs. Flynn and Mr. Frank said they would not be present at the meeting of
December I".
Motion: To adjourn at 10:00 p.m.
(Cook- Torman) 7 -0 PASSES
Signature Clerk Date of Approval
Next Meeting: December 1, 1999
-4- Meeting of November 17, 1999