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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