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HomeMy WebLinkAboutmin of planning brd 4/28/1999Planning Board Minutes April 28, 1999 Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; Mark Cook, and Bernard J. Dolan; Scott A Frank; and Thomas P. McShane. 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 31, 1999 Motion: To approve as submitted (Dolan - Flynn) 4 -0 -2 (Frank and McShane abstaining) PASSES 2. Form J Release — Woodland Park: previously signed but additional copy needed for filing with Registry of Deeds 3. Zoning Board of Appeals Decisions: Richard Rys, 1 Cherry Street: Finding granted to allow for the alteration (garage and office addition) to a pre- existing, non - conforming single family home in the R -2 Zone. Planning Board recommendation: 7 -0 positive Charles Boehm, 45 Frederic Lane: Variance granted for addition of two - car garage with less than the required sideyard setback in an R -2 Zone Planning Board recommendation: 5 -0 negative •3 Linda Souza, 46 -48 King Street: Variance granted for the addition of a landing platform to be added to a two- family home with less than the required sideyard setback in an R -3 Zone. Planning Board recommendation: 5 -0 positive Ronald DeGirolamo, 1166 West Street: Finding granted for the alteration of a pre - existing, non - conforming single family house in the R -I Zone. Planning Board recommendation: 5 -0 positive Richard Attaya, 5 Robinson Court: Variance granted for an addition with less than the required sideyard setback in an R -1 Zone. Planning Board recommendation: 5 -0 positive 2. Copy of letter from Dan Clifford to Jack Riccio dated April 12, 1999 re: Plowshare Court (Millfarm Estates) 3. Notice of Public Hearing— Norton Planning Board 4. Notices of Public Hearings — Attleboro Planning Board 5. Notice of Public Hearings —Attleboro Zoning Board of Appeals Meeting of Anril 9.R 1999 6. Notice of Public Hearing —North Attleboro Planning Board 7. Notice of Public Hearing — Sharon Board of Appeals 8. Notice of Public Hearing —Plainville Planning Board 9. Notices of Decisions — Attleboro ZBA 10. Notices of Public Hearing — Easton Board of Appeals 11. Notice of Public Hearings — Norton Planning Board 12. Grant Alerts and Notices of Intent — Department of Housing & Community Development 13. Stormwater Technologies Trade Show announcement 14. "StormWatch" newsletter 15. "The Citizen Forester" newsletter 16. "Currents" newsletter 17. SRPEDD Regional Review 18. "Inspector" newsletter 19. Neighborhood Reinvestment Training Institute brochure 20. Journal of the American Planning Association 21. Planning magazine 22. Memorandum from John D'Agostino requesting Planning Board recommendation on rezoning parcel at 792 West Street from R -1 to I -1 23. ZBA Application for a Variance at 2 Cooper Road (Maureen and James Donovan) to add a garage and family room with less than the required sideyard setback Motion: To send a negative recommendation to the Zoning Board of Appeals because there is no hardship or topographical reason to do so. (Frank- Flynn) 2 -4 with Cook, Dolan, French and McShane opposed FAILS Motion: To send a positive recommendation to the Zoning Board of Appeals because there is a hardship due to the shape of the lot and there is no apparent burden on the abutter. (Dolan -Cook) 4 -2 with Frank and Flynn opposed PASSES 24. Letter from VHB regarding meeting schedule for Train Station project 25. SRPEDD invitation for nominations for regional awards Fornr A (ANR) Plans Form A entitled "Plan of Land in Mansfield and Easton" prepared by Outback Engineering Inc. of Middleboro, MA dated March 24, 1999 for Barbara Brooks creating two lots on Stearns Avenue abutting the Easton line, Lot I containing 1.38 acres with an existing dwelling and Lot 2 containing 2.79 acres. Motion: To endorse the Form A Plan (Dolan -Cook) 6 -0 PASSES Meetinn of Anril 28 1999 Zoning By -Law Amendment Public Hearing - Recreation Shaun Burke presented the petition on behalf of the sponsor, Mansfield Youth Soccer, explaining that the use had gone from a use by right to a Special Permit use and that now any recreation proposal, whether it be Little League or other non -profit use, requires a Special Permit. The projects done by the Town have been done as a municipal use and putting plans together with drainage calculations and notice to abutters is cost - prohibitive for non -profit recreation organizations. A level of review should be needed, but this would allow them to avoid the expense. Mr. Frank said he does not like the fact that the amendment includes residential districts, but would agree with business and industrial districts. He also noted that "non - profit" is different than town recreational programs in that the non -profit groups usually charge a fee to participate. Mr. Burke pointed out that the recreation fields are primarily in residential zones now. Discussion followed regarding the ramifications of the amendment. Motion: To continue the hearing to May 5 °' at 7:45 p.m., with Mr. Burke to contact members of the Youth Soccer organization to request their participation in the hearing process. (McShane- Dolan) 6 -0 PASSES Lots 69 and 70 Oakland and Maple Streets — Special Permit Public Hearing The hearing was opened at 8:30 p.m. Motion: To continue the hearing to 8:50 p.m. because there were no abutters present and to allow the Board to vote on Zoning Amendment articles. (Dolan -Cook) 6 -0 PASSES Vote on Town Meeting Zoning Amendments Mark Cook stated he would not be voting on the amendments submitted by Karl Clemmey and Peter DeGirolamo and left the meeting room. Article 41 of Annual Town Meeting sponsored by Peter DeGirolamo: To amend Section 3.3 Schedule of Principal Use Regulations by adding Section 3.3.11 Residential Facilities for Residents 55 years or older to allow such facilities in the Residential 2 Zone, Reservoir District, and Business 3 Zone by Special Permit with Site Plan Approval Required on parcels of land with a total acreage of not less than ten (10) acres and further establishing density and defining performance standards. 3 Mpe..fInP of Anril 2R 1999 Motion: To make a positive recommendation to Town Meeting and to have Mr. Burke talk to the Moderator and the Sponsor regarding the confusing format of the amendment in an attempt to resolve the matter prior to Town Meeting. (Flynn - Dolan) 5 -0 with Mr. Cook not present PASSES Article 44 of Annual Town Meeting sponsored by Karl Clemmey: To amend the Zoning Map to rezone from its present classification of Residential 2 to the classification of Industrial 1 a parcel of land identified on Assessors Map 11 as Parcel 29 at 396 West Street by moving the existing Industrial I zone line westerly 140 feet, thence southerly, parallel to the existing Industrial I zone line 518.92 feet more or less to the rear property line of 396 West Street, thence, easterly along the rear property line of 396 West street, to the existing Industrial 1 line, thence northerly, running along the existing I -1 zone line 51892 feet more or less to the point of beginning. During discussion it was noted that this zone line has already been moved twice and the new I -1 zone would be about 47 feet off the rear of R -2 property on South Walnut Street. Concern was expressed regarding the "creeping" of an industrial zone into a residential area rather than taking a comprehensive approach. It was generally agreed that this approach puts on burden on the residential neighborhood and could destabilize what is now a stable neighborhood. Motion: Not to support the article at Town Meeting (Dolan - Flynn) 5 -0 with Mr. Cook not present PASSES Article 45 of Annual Town Meeting sponsored by Karl Clemmey: To amend Section 4.2.2 Density and Dimensional Regulations Business and Industrial Districts Note (3) as they relate to minimum setbacks, side and rear, by increasing the side and rear setbacks in the Industrial I and Industrial 2 Zones to 100 feet when businesses abut residential property, with a minimum of 25 foot setback. Mr. Burke noted the by -law currently calls for a 75 foot setback when businesses abut residential property and Town Counsel has opined that "residential" means "residential zone line." During discussion it was noted under the proposed amendment, a residential setback of 50 feet could be included in the industrial setback requirement— resulting in an encroachment on residential property. It was generally agreed that no portion of one property owner's required setback should be allowed to be on another's property. Motion: Not to support the article at Town Meeting. (Frank - Flynn) 5 -0 with Mr. Cook not present PASSES Lots 69 and 70 Oakland /Maple Streets — Special Permit Public Rearing The hearing was re- opened and continued to after the conclusion of the Masonic Lodge Special Permit Public Hearing. 4 Mee.1hw of Anri1 2R 1999 St. James Masonic Lodge Public Hearing The public hearing was opened for St. James Masonic Lodge for a Special Permit to construct an addition to a residential dwelling at 186 South Main Street to be used as a lodge /meeting hall in an R -2 Zone with Mrs. Flynn reading the hearing notice and comments from Steve Bishop, Acting Water Operations Manager; Ptlm. Lance Lawson of the Police Department; and Lt. Joseph Sarro of the Fire Department. Michael Trowbridge showed the location of the proposed Masonic Lodge on South Main Street opposite Spring Street. He noted there is an existing building and garage on the site and the applicant proposes a continuation of the driveway to the back of the building where a 36 ft. by 52 ft. addition and parking will be located. The plan showed a 6 ft. stockade fence on the south side of the property and twenty -eight 6 ft. hemlocks on the north side. The following residents asked questions and/or spoke in opposition to the proposed use: Charles and Janice Meszoely of 158 South Main Street Victoria Connor of 157 South Main Street Paula MacDonald of 170 South Main Street ( Thomas and Ann Iarrobino of 185 South Main Street Speaking on behalf of the proposal and answering questions were Jeff Simmons, Grand Master of St. James Lodge; and members Jay Barrows and Charles McGuire. Points of discussion were: • number of spaces in the lot: 30 • will the property be rented for functions: no, but members would be able to use it with permission • what will it be used for: meetings, installations, business of the Lodge • will liquor be served: no, not allowed at meetings • will it be allowed at barbecues held on the site; members are asked not to bring in alcohol • how many members: average 9 -13 at meetings; looking to increase membership • traffic, noise, headlights shining into homes • hours of operation; would members be allowed to stay overnight — caretaker of property would be there about five days per week, would not be staying overnight. Lodge is available for use of members any time. There is no rule against overnight stays, but they would prefer them not to. ( • zoning violation if building is being used prior to grant of Special Permit 5 Meetinn of AnTA 79 1999 • density and dimensional requirements; is ZBA Special Permit or Finding necessary to determine if this is an expansion of a pre - existing, non - conformity if it's being used for other than residential use • what will current garage be used for; storage of tractor for snowblower and lawnmower Motion: To obtain an opinion from Town Counsel regarding whether Planning Board can act on a Special Permit if the property does not meet all other aspects of the zoning requirements. (Frank - Flynn) 6 -0 PASSES Motion: To continue the public hearing to May 26`h at 8:00 p.m. (Frank- Flynn) 6 -0 PASSES Lots 69 and 70 Oakland/Ma ple Streets — Special Permit Public Hearin Michael Trowbridge spoke for the applicants, Robert Arnold and Carpet Concepts, who were not present. He stated there are two parcels and two proposals, which the Board would be hearing concurrently. The proposals require a Special Permit because they lie within the Surface and Groundwater Protection District. Mrs. Flynn read comments from the following: ■ Ptlm. Lance Lawson, Police Department ( ■ Lt. Joseph Sarro, Fire Department ■ Lee Azinheira, Town Engineer ■ Richard Lewis, Conservation and Environmental Planner Mr. Trowbridge reviewed the drainage plans and addressed comments. Concerns were raised by members about the possibility of chemicals or hazardous materials being stored in the self - storage warehouses, noting the lack of control over the contents. Members were also concerned about the number of uses being conducted within the area, along with the potential for future development in the immediate area on an abutting parcel owned by the applicant. Mr. Burke asked that sight distances be shown on the plan and drainage information be reviewed with the Town Engineer. It was also noted that because the proposed warehouse is located in an I -2 Zone, a Special Permit is needed for the use. Motion: To continue the Public Hearing to May 12'h at 8:30 p.m. (Frank - Flynn) 6 -0 PASSES Around the Table Mr. Frank commended the Town on the work being done at Fulton Pond. 6 Meetina of Anril 2R 1999 Mr. McShane asked if anything is being done to improve the traffic island at Chauncy and Pratt Streets. Mr. Cook assured him the Highway Department has planned for it. Mr. McShane also asked Mr. Burke, with regard to the restaurant on Pratt Street being used as a real estate office, to check on the elimination of the second curb cut and to see if the required landscaping has been done. If the building is already being used, he was asked to find out what type of occupancy certificate they have been granted. Mr. Dolan asked again about the Building Inspector's enforcement of sign regulations at the Bagel Train building. Mr. French suggested that due to the lateness of the hour, the remainder of the zoning amendments recommendations be postponed until the next meeting. He also suggested the Board make a recommendation on the Land Bank article. Public Comment Karl Clemmey asked that all Board members read the Mullin Report regarding the expansion of the Golden Triangle prior to Town Meeting. He noted that lie owns all the land to the north of his property on West Street and intends to tell meeting that fact. Adjournment Motion: To adjourn at 11:50 p.m. (Dolan -Cook) 6 -0 PASSES 1�5A Signature of Jerk Date o App oval Nest Meeting: May 5,1999 7 Meetino of Anril'M 1999