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HomeMy WebLinkAboutmin of planning brd 6/9/1999Planning Board Minutes June 9, 1999 Present: Marydee Flynn, Clerk; Mark Cook; Bernard J. Dolan; Scott A. Frank; 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. Motion: To nominate Mr. McShane as Acting Chairman in the absence of Mr. French. (Dolan- Frank) 6 -0 PASSES Correspondence Minutes of May 26, 1999 Motion: To approve as presented (Dolan - Flynn) 7 -0 PASSES 2. Zoning Board of Appeals Applications James Paulson for a Variance from Section 4.2.1 to allow for the addition of a porch to an existing home located at 89 Charles Street with less than the required front yard setback in an R -2 Zone Motion: To send a negative recommendation to the Zoning Board of Appeals because the applicant has not demonstrated any hardship. (Frank- Flymr) 5 -1 with Mr. McShane opposed PASSES Robert Arnold for a Variance from Section 4.2.2 Note 3, to allow for the development of land located on Assessor's Map 30, Parcel 35 (between Francis Avenue and Maple Street) with less than the required 75 foot setback between an abutting residential use Motion: To send a positive recommendation to the Zoning Board of Appeals based on the fact that the shape of the lot constitutes a hardship, conditioned upon the applicant providing the Zoning Board of Appeals with evidence of buffering or a plan showing landscaping between the building and the residential use. (Frank- Torman) 5 -1 with Mr. McShane opposed PASSES Carpet Concepts for a Variance from Section 4.2.2, Note 3, to allow for the development of land, located on Assessor's Map 30, Parcel 35 (between Francis Avenue and Maple Street), with less than the required 75 foot setback between an abutting residential use Motion: To send a positive recommendation to the Zoning Board of Appeals based on the financial hardship in developing the land and, with the landscaped buffer zone, it does not adversely affect abutters. Meeting of June 9, 1999 (Frank- Torman) 3 -3 with McShane, Flynn and Dolan opposed FAILS INIotion: To send a negative recommendation to the Zoning Board of Appeals because the applicant has more than adequate land to comply with the zoning setback requirements and still do the proposed project. (McShane - Flynn) 2 -4 with Cook, Dolan, Frank and Torman opposed FAIL S 3. Notice of Public Hearing — North Attleboro Planning Board 4. Notice of Public Hearings — Attleboro Municipal Council 5. Notice of Public Hearings — Sharon Board of Appeals 6. Notice of Public Hearing — Norton Planning Board 7. Notice of Public Hearings — North Attleboro Zoning Board of Appeals S. Vision 2020 Task Force Meeting Notice 9. "Inspector" newsletter of Weston & Sampson 10. Mansfield Airport Vegetative Management Plan meeting announcement 11. "TRANSReport" newsletter from Boston Metropolitan Planning Organization 12. The Beacon 13. Letter from Folkman & Zola requesting release of the balance of surety held for Frain Estates, Frain Drive having been accepted by Town Meeting vote Motion: To release the balance of surety held (Frank- Dolan) 6 -0 PASSES Site Plan Review —.30 Reservoir Street: Indoor• Skating Rink William Buckley, Jr., of Bay Colony Group presented the revised site plan to the Board, reviewing the changes that had been made to the site plan at the request of the Board. These included: changing the location of the bituminous walkway addition of a "Stop" sign exiting onto Reservoir Street and a "Vehicles Entering/Exiting" sign on an existing pole on Reservoir Street existing vegetation added to the plan, with the notation "no cutting of trees over 2 inches" in the area bordering Reservoir Street notation added to plan to inspect and clean existing catchbasin alarm system noted on plan elimination of loud speakers outside the building Also read was a letter from the applicant, Andres Gazzolo, addressing: zoning ramifications of having a building on two lots owned by different entities functions at either of the facilities that would stress the available parking arcade machines in the skating facility Meeting of June 9, 1999 Mr. Frank noted the need for a variance even if Mr. Gazzolo owns both lots, ( pointing out that according to the Zoning By -Law, you can't build up to the lot line regardless of who owns the lots. He further noted the Zoning By -Law does not mention lot ownership, just lot lines. Mr. Burke suggested the Board, in making their recommendation to the Building Inspector, mention the lack of conformity to zoning. Mr. McShane stated he is most concerned about how the facility will be operated, as well as the number of parking spaces provided, pointing out that the capacity of the rink is not noted. He said the parking requirements would be much different if the facility is used for open skating than if it is used as a team skating facility. Mr. Buckley assured the Board that parking is adequate and noted that it would not be wise to create more impervious surface than is necessary. Board members discussed safety concerns and ways to slow drivers down and keep children on the walkway, rather than cutting through the parking lot. Mr. Dolan suggested adding speed bumps. Mr. McShane said he would like to see a barrier created that would direct people to the walkway. Ken Tucker of Ken's Pro Skates asked if restricting the facility to "team skating" would eliminate "stick practice." Mr. Buckley stated that is generally considered part of team skating. Motion: To send a negative recommendation to the Building Inspector because it is the opinion of the Board that there is a violation of the zoning setback requirements and the project needs a variance from the Zoning Board of Appeals. Further, upon the granting of a variance , the Board requests the site plan be amended to show: a light on the side of the building by the walkway at least one speed bump, but preferably two —one at each side of the walkway leading from the "Bubble" parking lot to the rear of the new structure addition of fencing and/or landscaping around the entrance to the walkway and extending to the stone wall to direct pedestrians to. the proper point of access the occupancy permit to state the structure is for a "team skating facility" only and that any change in use from a team skating facility would be contingent upon a review of the parking and site plan requirements (Frank - Flynn) 4 -2 with Cook and Dolan opposed. PASSES Mr. Cook noted he is actually in favor of the positive recommendation, but voted against the motion because lie does not believe the Planning Board should be making a zoning determination, but rather should refer the situation to the Zoning Enforcement Officer to make that determination. 3 Meeting of June 9, 1999 Mr. Burke added that he believes an extremely dangerous precedent is being set, ( as it is not the Planning Board's role to interpret the Zoning By -Law. He noted it is the Board responsibility to raise the question and the Zoning Enforcement Officer's responsibility to make the determination. Mrs. Flynn asked that in sending the recommendation to the Building Inspector, the request be made for him to advise us in writing within seven days of his decision if he disagrees with the Board's recommendation, in accordance with the provisions of Section 5.3.9 of the Zoning By -Law. Site Plan Review for 4 Lawndale Road — Deer Park Real Estate Trust (Serena Nardone) Ralph Maloon of RIM Engineering presented the site plan for a proposed nail shop in the B -3 Zone to be located in a 24 foot by 34 foot building to be constructed a short way down Lawndale Road. He noted the building will be surrounded by residences and will have the appearance of a house. There will be four parking spaces out front and two in the rear for employees only. Drainage was discussed, with Mr. Maloon noting that although the site is located in the Canoe River Area of Critical Environmental Concern, they will not be meeting the percentage of impervious surface area that would trigger a Special Permit. He also noted that in the area of the site, Lawndale Road jogs out 30 feet, which will result in the appearance of a very large front yard. Mrs. Nardone said the building will be a pre - fabricated house that looks like a ranch style home and has shutters on the front. She further stated there will be no residential use of the building and there will only be two people working there. Mr. McShane asked if the building could be converted to residential use if the nail shop vacated the building. Mrs. Nardone replied that it could not be used for residential, but perhaps a coffee shop or something. Mr. Frank asked about signage and lighting. Mrs. Nardone said there would be a small, non - illuminated sign on a post close to the street, but no additional lighting, noting the area is currently so well -lit that it is possible to read a newspaper after dark in her back yard. Staff comments were read from the Planning Director, Police Department, Fire Department, and Board of Health. Nlotion: To send a positive recommendation to the Building Inspector (Torman- Flynn) 6 -0 PASSES 4 Meeting of June 9, 1999 Around the Table Mr. Dolan said it would be helpful to have the Building Inspector's comments on site plans, in addition to the comments of other staff. Mr. Burke said he would mention it to him. Mr. Frank advised the Board of recent case law regarding the length of dead end streets being within their discretion. He also asked about the stop signs that had been required at the Stop and Shop gas station. Mr. Dolan said they are in place. Dr. Torman asked what constitutes a "temporary" sign, noting there are still some at Fontanini's building on North Main Street and at New England Tire on South Main Street, in addition to other locations in town. Mr. Dolan asked about the status of the Train Station. Mr. Burke said the Board of Selectmen recently voted 3 -2 in favor of supporting the conceptual plan and the project will now proceed to the final design stage. Mr. McShane asked if the plan will include any element of the design that will make the bridge crossing Chauncy Street more attractive. Mr. Burke said he knows of no specific proposal at this time. Mr. McShane also asked about the area proposed for busses at the Train Station. Mr. Burke said it is for mini- ( busses, such as those used by the Council -on- Aging. Mr. McShane stated his concern that it will be used to operate a shuttle service to the Tweeter Center and Great Waves. Adjournment Motion: To adjourn at 10:05 p.m. ( Torman- Dolan) 6-0 PASSES Signature of/Clerk Date of Approval Next Meeting: June 23,1999 5 Meeting of June 9, 1999