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Home My WebLink Aboutmin of planning brd 5/5/1999Planning Board Minutes May 5,1999 Present: H. Thomas French, Jr., Chainnan; 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 April 28, 1999 Motion: To approve as submitted (Dolan -Cook) 5 -0 -1 ( Torman abstaining) PASSES 2. Letter from Ralph Maloon re: Variance request of Stan Feck for a parcel of land at Tremont and West Streets — Mr. Burke explained that the request before the Board is due to the fact that Mr. Feck was denied a Variance on this parcel a year ago. He therefore requires a 617 affirmative ruling of the Planning Board that this application is substantially different than his prior request in order to bring it back before the Zoning Board of Appeals within two years of his initial application. Board members suggested the apparent difference is that his request is now for one house only; however, they decided they would like to discuss the matter with Mr. Maloon and/or Mr. Feck before ruling on the request. Motion: To have Mr. Maloon and/or Mr. Feck come in for discussion and to present something in writing that his request will be for only one lot. Also, to request the applicant to provide a document suitable for recording at the Registry of Deeds for the Board's review. (Dolan -Cook) 6 -0 PASSES 3. Letter from Thomas A. Callan re: North Common/Train Station Project 4. Notice of Public Hearings — Plainville Planning Board 5. Notice of Public Meeting for Mansfield Commuter Rail Station Project 6. "Waterline" newsletter 7. "Wetland Waterways" newsletter 8. "Wastewater News" newsletter 9. "In The Main" newsletter 10. Neighborhood Reinvestment Training Institute Seminar Announcement 11. Urban Land Institute Seminar Announcement 12. Mass. Federation of Planning & Appeals Boards Southeast Area Conference 13. Invitation to Council on Aging's 10n' Anniversary Open House — May 14, 1999 from 9:45 a. in. —2:00 p.m. 14. SRPEDD Delegate Appointment Form — hold until nest meeting 15. Street Acceptance memo — Frain Drive and Winslow Way Meeting of \ -tav 5, 1999 16. SRPEDD invitation for nominations for regional awards 17. Copy of letters to Dennis Baker and Perry DiMascio re: Keli Lane completion 18. Letter from Michael Trowbridge re: Sherman Jackson Funeral Home Zoning By -Law Amendment Continued Public Hearing - Recreation Nancy LeClair of the Mansfield Youth Soccer League was present to discuss the Zoning Amendment sponsored by Mansfield Youth Soccer on the Special Town Meeting Warrant. She outlined the need for additional fields and the non -profit organization's inability to purchase land and their difficulty in developing playing fields under the Special Permit requirements of the Zoning By -Law. Board members expressed their concern about recreation being allowed as a use by right in residential districts without the benefit of a public hearing. They cited past experiences when recreation fields have been suggested as a possible use for open space land received in exchange for Special Permit subdivisions. In those instances, abutting residents have been in strong opposition. Members assured Ms. LeClair that they are very supportive of youth activities and do everything within their power to assist in the Special Permit process; however, they are charged with representing the Town as a whole and have to give consideration to neighborhood opposition. Discussion continued, with alternatives being suggested. Consideration was given to leaving the recreation by -law in its current state and working on an alternative for a Fall Town Meeting, as well as the possibility of coming up with an amendment for the upcoming Special Town Meeting that would be acceptable to the Town Moderator and to the Soccer League. The hearing closed without reaching consensus on the matter. illotion: To close the public hearing. (Dolan -Cook) 6 -0 PASSES Street Acceptances Mr. Burke reported that Winslow Way and Frain Drive have been inspected prior to presentation for acceptance at Town Meeting. All work has been completed to the Town's satisfaction on Winslow Way. Frain Drive is almost ready, with the developer agreeing to replace some dead street trees and rework three areas in the gutter line to allow for proper street drainage. This work will be completed prior to Town Meeting. Motion: To support the acceptance of Winslow Way. (Flynn - Dolan) 6 -0 PASSES Motion: To support the acceptance of Frain Drive with the condition that all work is completed prior to Town Meeting. (Flynn- Dolan) 6 -0 PASSES 2 Meeting of May 5, 1999 Site Plan Review — Plymouth Street Recreation Fields Michael Trowbridge of Hutchins - Trowbridge Associates presented the site plan, noting that he has had several meetings with Town staff and has made modifications to the plan to accommodate their suggestions. Concerns regarding drainage, fencing, trees to provide shade, and the availability of drinking water were addressed. Mrs. Flynn read a memorandum from Mike Ahern addressing questions asked at the staff site plan review meeting. Motion: To send a positive recommendation to the Building Inspector, requesting that he require additional shade trees in the Tot Lot, fencing of the Tot Lot, and a wooden guardrail at the driveway. (Dolan - McShane) 6 -0 PASSES Vote on Town Meeting Articles Annual Town Meeting Article 33 to amend Section 5.3 of the Zoning By -Lain —Site Plan Review Mr. Burke noted an error that will be corrected on the floor of Town Meeting: Page 18, 5.3.2 Applicability — "Inspector of Buildings" on the 6a' line should be "Planning Board." Motion: To support Article 33 as amended (Flynn - Dolan) 6 -0 PASSES Article 34 to amend Section 5.5 of the Zoning Bil -Lair — Special Permit Motion: To support Article 34 as printed (Flynn - Dolan) 6 -0 PASSES Article 35 to annend Section 4.2 of the 7ontng By -Law — Schedndeof Densiiy and Dimensional Regulations — Residential District Motion: To support Article 35 as printed (Flynn - Dolan) 6 -0 PASSES Article 36 to amend Section 4.2.2 of the Zoning By -Lai, — Schechrle of Densit3 and Dimensional Regulation — Business and Industrial Districts Nlotimn: To support Article 36 as printed (Dolan -Cook) 6 -0 PASSES Article 37 to amend Section 3.2 of the Zoning BY -Lcnr - Classification of Extensive Uses (Recreation) Motion: To support Article 37 as printed (Dolan -Cook) 6 -0 PASSES 3 Meeting of May 5, 1999 Article 27 to authorise the Board of Selectmen to acdzrire certain parcels o land to create a public bicycle path thereon l Motion: To support Article 27 as printed (Dolan -Cook) 6 -0 PASSES Special Town Meeting Article 15 to amend the Zoning By-Law y adding a neu, definition — 3.2.4.1 Recreation, 11ansfield Non -Profit Motion: To not support Article 15 because it lacks sufficient opportunity for public comment with recreation is a use by right in residential districts. Mrs. Flynn noted the public hearing process alone does not allow the Planning Board to remedy abutters concerns. (Dolan - Tonnan) 5 -1 with McShane opposed PASSES Mr. Burke suggested that perhaps the Town Moderator would accept an amendment that would allow recreation as a use by right in all zoning districts, with notice to abutters and a Planning Board public hearing required for residential districts. Article I1 to urant an easement to the Timm of Morton to use, maintain. and operate a public bicycle path on lancl otivned bi, the lbitw of rFtansfiekl oil the location of the former Munton Blanch Railroad Motion: To support Article I 1 (Torman- Dolan) 6 -0 PASSES Article 4 to vote ftnzcls for expert witnesses and legal services in the Great 11/aves deal atnllocal permitting process Motion: To support Article 4 (Flynn -Cook) 5 -0 -1 with Tonnan abstaining Around the Table Dr. Torman stated he thought allowing recreation as a use in the Business I Zone tivould not be a good idea. Mr. McShane asked if there was any additional information regarding the approved site for the proposed Bombolini restaurant. Mr. Burke said the DeWolfe Real Estate is in the building on a temporary occupancy certificate. Mrs. Flynn advised members that the article regarding daycare was given to them at tier request and she asked they review it for discussion at a future meeting if they are interested. 4 Meeting of May 5, 1999 Public Comment Karl Clemmey asked why Mr. French allowed public comment last week on zoning articles but did not this week. Board members stated there was no public comment during discussion of zoning articles last week because the public hearings were already closed. Adjournment Motion: To adjourn at 10:30 p.m. (Dolan -Cook) 6 -0 PASSES Signature/of Clerk Date of Approval Nest Regular Planning Board Meeting: May 12, 1999 NOTE: PLANNING BOARD AND CIP ARE POSTED TO MEET AT 6:30 P.M. AT THE HIGH SCHOOL PRIOR TO THE START OF TOWN MEETING ON MONDAY, MAY IOTn 5 Meeting of May 5, 1999