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HomeMy WebLinkAboutmin of planning brd 3/17/1999Planning Board Minutes March 17,1999 Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; Mark Cook, Bernard J. Dolan; Thomas P. McShane; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development The meeting was called to order at 7:30 p.m. Correspondence 1. Minutes of March 3, 1999 Motion: To approve as submitted (Tonnan- Flynn) 5 -0 with Mr. McShane not present. PASSES 2. Letter from Karl Clemmey dated March 10, 1999 regarding the CVS Pharmacy variance recommendation. Due to an oversight, this letter has not yet been responded to. Mrs. Flynn suggested sending Mr. Clemmey a letter explaining the oversight. 3. Special Permit Application - CVS Pharmacy This permit, for an alternate landscaping and buffering plan, had been granted by the Zoning Board of Appeals, making a Planning Board recommendation unnecessary. 4. ZBA Applications: I. Application ofDeGirolamo, 1166 West Street, for a finding according to Section 6.2.2d to allow for the construction of an addition. In a letter, the applicant explained that a 1966 survey of the property was incorrect, showing 113 feet of frontage where 120 feet actually exists. Therefore, the addition should be allowed and would not make the property any less conforming. Motion: To send a positive recommendation to the Zoning Board of Appeals (Dolan - Torman) 5 -0 with Mr. McShane not present. PASSES 2. Application of Attaya, 5 Robinson Court, for a variance from Section 4.2.1, sideyard setback to allow for a garage which will encroach five feet into the required 25 foot setback. Motion: To send a positive recommendation to the Zoning Board of Appeals (Dolan -Cook) 5 -0 with Mr. McShane not present. PASSES 5. Letter dated March 11, 1999 from Mr. Burke to Robert Durand, Secretary of Environmental Affairs, regarding concerns about Great Waves Final Environmental Impact Report. 6. Letter dated March 15, 1999 from Kevin J. Fallon to Bertram M. Cook, Inspector of Buildings /Zoning Enforcement Officer (copy to Mr. Burke) regarding sight distance issues at 1132 School Street. 7. Memo from Mr. D'Agostino regarding the postponement of Annual Town Meeting to May 10, 1999, and the close of the warrant for the Special within the Annual on April 14, 1999. Mrctinn of Vlarrh 17 1000 8. Public Hearing Notices Sharon Board of Appeals Norton Planning Board North Attleboro Zoning Board of Appeals Easton Planning and Zoning Board 9. New England Planning, March 1999 10. "On the Land" newsletter of the Trust for Public Land in New England 11. SRPEDD Joint Transportation Planning Group meeting notice and agenda 13 Park Street Special Permit Public Hearing - Continued There have been no changes made to the plan, which proposes to convert an existing two- family residence to a three - family residence in the B -3 zone. New Correspondence Town Engineer Lee Azinheira said the proposed catch basin works, but recommended 1) adding a four -foot sump to the catch basin and 2) adding three feet of stone rather than two feet to prevent voids in the stone being filled with sand and silt. Mr. Cunningham agreed to the Town Engineer's recommendations. Officer Lance Lawson had no comments. Town Counsel Robert Mangiaratti informed the board that if the application meets the standards of Section 5.5, the pre- existing floor area ratio non- conformity does not prohibit the grant of the permit. Mr. McShane arrived at this point. Motion: To close the public hearing. (Dolan -Cook) 6 -0 PASSES Motion: To approve the Special Permit for 13 Park Street with the inclusion of the Town Engineer's recommendations for a four -foot sump in the catch basin and three feet of stone. Dr. Torman: I am in favor because this is a good use of the property Mrs. Flynn: I am in favor because the applicant went to the extra effort to get an easement for the parking and is not changing the footprint of the building. This will be a good addition to the area. Mr. McShane: I am in favor because this is a beneficial reuse of a downtown property and will be compatible with the surrounding properties. Mr. Dolan: I am in favor for all the previously stated reasons 7 Martina of Mnrah 17 1000 Mr. Cook: I am in favor for all the previously stated reasons. Mr. French: I am in favor because the project fits in well with the surrounding properties. (Dolan - Torman) 6 -0 PASSES Form A (ANR) Plans The Millers, Riverwood Drive, had applied for and were denied a variance to build an addition where they do not have the required side yard setback reapplied for a finding and were denied again, and are now proposing a land swap with their neighbor so both lots conform and the addition will meet setback requirements. Motion: To endorse the Form A plan. (Dolan -Cook) 6 -0 PASSES Citizens' Petitions - Zoning By -Law Amendments - Public Hearing The clerk read the public hearing notice for the three articles. Mr. Cook and Dr. Torman left the room at this point. Karl Clemmey informed the board that the public hearing notice for his first article, to amend Section 4.2.2, differs from the article as submitted. Mr. Clemmey's article proposes that in Industrial 1 and 2 Districts, where business abuts a Residential zone, the setback shall be a minimum of 100 feet from the ( nectrest residence; the public hearing notice states the setback shall be a minimum of 100 feet from the residential property. Mr. Burke agreed the ad and the article were different in that respect. Mr. Clemmey explained that his property is I -1 and abuts residential properties at the back. In his second article, Mr. Clemmey proposes to rezone from R -2 to 1 -1 a parcel on his West Street site by moving the I -1 zone line 140 feet. He said he would install an 8 -12 foot bean with plantings at the 25 foot setback line to screen the residences from industrial uses on his property. Public Comment Richard Gordon, 407 West Street, said the neighbors abutting the property are against the proposal because the industrial zone does not fit with the residential character of their neighborhood. Board Comment Mr. McShane asked if the issue was to change the side and rear setbacks to 25 feet and add a new restriction to specify the business use must be 100 feet from a residence? Mr. Clemmey said with this proposal, the closest house would be 100 feet from the industrial zone line. Mr. McShane asked what Mr. Clemmey would A4catina of Ua,A 17 1 QQQ do if the zoning change did not go through. Mr. Clemmey said businesses want to lease the space and without the change, a building would have to be pushed 75 feet away from the current zone line, further into the I -1 zone. Mr. Burke said with the current 75 foot setback, an industrial use cannot come closer to a residential property line than 75 feet. With this proposal, however, an industrial use could come within 25 feet of a residential property line, so it would be less restrictive. Mr. Clemmey agreed that would be true only if the zoning change were approved. Mr. Burke noted the zoning on that parcel has been changed twice in the last few years, first to move the line 50 feet, then another 25 feet, now another 140 feet for a total zoning change of 215 feet. He said this would put the industrial 46 feet from the rear property lines of the South Walnut Street houses. Mr. Dolan asked if a building could be built on the site if the zoning change was approved, but the setback change was not. Mr. Clemmey said he would have to build a smaller building. Mr. Cook and Dr. Torman returned to the room at this point. The third citizen's petition, proposed by Peter DeGirolamo, would amend Section 3.3, Residential Schedule of Principal Use Regulations, by adding Section 3.3.11, Residential Facilities for Residents 55 Years or Older, and to allow such facilities in the R -2, Reservoir District, and B -3 zones by Special Permit on parcels at least 10 acres. Paul Jodice, representing the proponent, said this proposal would fill a need and be good for the town, as there would be minimal impact on services such as schools and roadways. Mr. Jodice explained some of the details of the proposal, which would also specify requirements for such things as parking, screening, utilities, and building design. Public Comment Richard Gordon, 407 West Street, said he would be opposed to developments such as this in the R -2 zone because they would not fit into residential neighborhoods. Karl Clemmey, 390 West Street, said he was in favor of the project, citing the Village at Willow Crossing project as being beneficial to the town, and saying the DeGirolamo's land on East Street would be a good location for a similar project. A KA aMhio nfMnreh 17 1000 Board Comment Mr. Dolan asked how such a development would be restricted to people over 55. Mr. Jodice said he did not know exactly how it would be enforced, but that it works in similar projects. Mr. Burke noted the proposal specifies the development be "exclusively" for people over 55. Dr. Torman said he would oppose the inclusion of industrial /commercial uses within the development. Mr. Burke explained that the Master Plan mentions mixed use in village -style development, and industrial /commercial uses would only be allowed in the B3 zone. Mr. McShane asked how many parcels of 10 acres remain undeveloped. Mr. Jodice said he did not know. Mrs. Flynn said she liked the mixed -use idea and asked if the DeGirolamo site would need a special permit to include commercial development. Mr. Burke explained the whole project would likely be permitted at once. Mrs. Flynn said she would like to compare this draft with the one the board previously saw. Motion: To close the public hearing (Dolan- McShane) 6 -0 PASSES CVS Pharmacy Site Plan Review ( Present at the site plan review were: Attorney Susan Bernstein, representing the proponent, Kaufman Acquisitions Trust; Alan Zaff; David Zaff, Patrick O'Leary, Brian Murphy and Bob Clinton with Vanasse Hangen Brustlin; and Attorney Ed Valanzola, representing the seller, Chauncy Realty Trust. Mr. O'Leary explained the site is located at the corner of Chauncy Street and Giles Place and includes minor wetland areas. The proposed store will be 9,450 square feet and will include a drive - through prescription pick -up. There will be 54 parking spaces and two driveways, one onto Giles Place and the other onto Route 106. Stormwater will be detained in an underground area and slowly released into the town's system. The proponent has been granted a special permit for an alternate landscaping and buffering plan from the Zoning Board of Appeals. Signage will include one 5'x5' monument sign and external wall signs, and will be in conformance with the town's requirements. Department Head Comments Mr. Burke was concerned with the number and amount of footcandles on both the Giles Place and Chauncy Street sides of the site. Mr. O'Leary said the lighting consultant had worked out a plan to include no more than one foot - candle of overflow across the property lines. MPmi.anFMnrrh 17 IQQQ Mr. Azinheira was concerned with the drainage retention. Mr. O'Leary said he had no problem accommodating Mr. Azinheira's comments and plans to incorporate additional catch basins. Mr. O'Leary said the Fire Department had been concerned with the domestic use of the town's water lines, but that he had addressed their concerns. Mr. O'Leary said the dumpster will be enclosed in a chain link fence with vinyl slats and with a shrubbery area to shield the site from the roadway. Board Comment Mrs. Flynn suggested a board fence instead of chain link. Mr. O'Leary said they usually put the dumpster in an out -of -the -way location, but this site is tight, and with roadway on three sides, has access issues. Mrs. Flynn was concerned the dumpster will be in the front yard of the post office. Dr. Torman asked how high the fence around the dumpster would be. Mr. O'Leary said it would be six feet. Dr. Torman was concerned about traffic and sight distance on that corner, and suggested moving the dumpster to the northwest corner of the site. Mr. Cook asked the area of the dumpster pad; Mr. O'Leary said it would be 24'x13'. Mr. Burke said he did not think the dumpster would be a site distance problem since it is outside the radius of the curve. Mr. O'Leary said they would revisit the dumpster location issue. Dr. Torman said he would like to get some comments from Officer Lawson. Mr. McShane asked the distance between the Osco and proposed CVS driveways; Mr. O'Leary said it would be 50 feet. Mr. McShane asked if they had considered making the parking lot one -way. Mr. O'Leary said that wouldn't allow for good traffic circulation. Mr. McShane asked if a traffic study had been conducted. Mr. Clinton said their study shows no impact on the signalized intersection during peak hours. Mr. McShane said he was concerned about the number of driveways between the traffic light and Giles Place and the effect on Route 106 traffic. Mr. Clinton said the project would not change the current service levels at the intersection. Mr. McShane asked if they had designed the drainage for the 100 -year storm; Mr. O'Leary said they had. Mr. McShane asked if the sign would be lit; Mr. O'Leary said it would be, and because of the lower lighting on the rest of the site, it has to be lighted to be visible. in relation to the landscaping plan, Mr. Murphy said they tried to balance public safety and aesthetic issues. Mr. McShane asked about pedestrian access. Mr. A MPPtlnn nf?%Aq A 17 iQQQ Murphy said they will replace the sidewalk in front of the building and leave a 5' easement for a sidewalk outside the landscaped area. Mr. Murphy said he may have an alternate placement for the dumpster and would discuss it with Mr. Burke. Mr. French asked if it would be possible to line up the driveway onto Giles Place with the post office driveway so people could go straight across. Mr. Murphy said that wouldn't work well for traffic circulation and would be a problem for trucks coming onto the site. Mr. French asked about the soil situation. Mr. Murphy said it is similar to the Osco site, with an underlying layer of peat and urban fill, and they were working on options for the foundation construction, including surcharging the site. Mr. McShane said he would not be comfortable making a recommendation without hearing from Officer Lawson first. Mr. O'Leary said he had called the Police and Fire Departments, and Officer Lawson said he had no comments. Mrs. Flynn suggested adding a request to the board's recommendation that Officer Lawson look at the both vehicular and pedestrian traffic in and out of the site. Motion: To send the Building Inspector a positive recommendation on the site plan with the following comments: 1. the chain link fence should be replaced with a board fence; 2. an alternate location for the dumpster be identified and evaluated; 3. the surcharge method be submitted to Mr. Burke and Mr. Azinheira; 4. the possibility of lining up the CVS and post office driveways be evaluated; 5. to ask Officer Lawson to evaluate both vehicular and pedestrian traffic issues. (Dolan - Torman) 5 -1 with Mr. McShane opposed. PASSES Around the Table Mr. McShane was concerned about the Zoning Board of Appeals' decision to grant an alternate landscaping plan special permit for the CVS site. Mr. Burke said the ZBA had been invited to the March 31, 1999 Planning Board meeting and the boards could discuss the issue. Mr. Dolan asked if School Committee members could be added to the Capital Improvements Committee. Mr. Burke said they could be on the committee, but could not vote per the charter. Mrs. Flynn requested an updated work list. Mrntinn nfMnrrh 17 1 000 Public Comment Karl Clemmey suggested the board table its proposed zoning article to increase the minimum lot size in the R -2 zone to 22,500 square feet. He said the article would create many non - conforming lots. Mr. Clemmey also suggested the board look at the B3 zone because there are fast food restaurants and movie theaters that cannot locate in Mansfield because those uses are only allowed in the I -1 zone. Motion: To adjourn at 10:45 p.m. (Torman- McShane) 6 -0 PASSES Signature, f Clerk Date of Approval Next Meeting: March 31, 1999 1 R Mrrtina of Marrh 17 1 QQQ