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HomeMy WebLinkAboutmin of planning brd 9/22/1999Rg t IVIED (' Planning Board Minutes S" Ocl 9X11 September 22,1999 k _c00i. fJ C et i� ��l,tll_iJl tt'.�a t. �. Present: H. Thomas French, Jr., Chairman; 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. Meeting called to order at 7:30 p.m. Form A (ANR) Plan I A Form A plan conveying a 43 sq.ft. parcel from Lot 7011 on Norfolk Street owned by Karl D. Clemmey to Lot 7005 owned by Laborers Pen Mansfield Inv. Corp. in the I -1 Zone was reviewed. Motion: To endorse the Form A Plan (Dolan- Flynn) 6 -0 with Mr. McShane not present PASSES Correspondence 1. Minutes of September 8, 1999 Motion: To approve (Flynn- Tonnan) 6 -0 with Mr. McShane not present PASSES Special Permit Decisions for Carpet Concepts and Robert Arnold (CEM) voted September 8, 1999 Motion: To sign the Special Permits, amending condition 2 to read "Total Suspended Solids must be within the guidelines of the Department of Environmental Protection's Best Management Practices as reviewed by the Town Engineer." (Dolan - Torman, amended by Frank) 6 -0 with Mr. McShane not present PASSES Zoning Board of Appeals Application: Application of Fielding Family Nominee Trust for a Variance from Sections 4.2.1 frontage and area; 1.5.17a width; and 1.3.3 contiguous lots at 352 Pratt Street in an R -2 Zone. Mr. Burke noted that lots have not conformed for ten years, during which time there have been two zoning changes. Mr. Frank commented that there is no hardship —they just can't build on it. Motion: To send a negative recommendation to the Zoning Board of Appeals for the following reasons: Meeting of September 22, 1999 the applicant fails in any manner to establish a hardship under Chapter 40A the request substantially derogates from the intent of the Zoning By -Law these properties have been undeveloped for greater than 10 years without any attempt to use them prior to the zoning change or immediately after and since the Form A was approved (Frank - Flynn) 6 -0 with Mr. McShane not present PASSES 4. Building Cap99 Report dated 9/8/99 5. Notices of Public Hearings — Sharon Board of Appeals 6. Notices of Public Hearings — North Attleboro Planning Board 7. Notice of Public Hearing — Foxboro Planning Board 8. Notice of Public Hearings — Attleboro Planning Board 9. Notices of Public Hearings — Easton Planning & Zoning Board 10. Planning Boards and Zoning Board of Appeals Training Seminar Announcement 11. New England Planning, September 1999 12. Inspector newsletter of Weston & Sampson 13. Notice of Taunton River Watershed Alliance Annual Meeting 14. Memorandum from Mike Ahern recommending $44,064.40 be released for work completed at Woodland Park Phase I, leaving a balance of $50,282.08 which includes the 10% contingency Motion: To release $44,064.40 as requested, leaving a balance of $50,282.08 (Flynn - Dolan) 6 -0 with Mr. McShane not present PASSES 15. Copy of letter to Marydee Flynn from Board of Selectmen re: Planning Board expiration date Mr. Burke advised the Board that he received a phone call from Rayna Rubin late this afternoon requesting that the Great Waves site plan review scheduled for October 291h be continued to a time when all Board members would be present. Mr. Burke had suggested October 13'h or October 20'h. Following discussion the Board agreed upon meeting with Great Waves on October 20'h and canceling the meeting of September 29h. Toyota Site Plan Review Don Myers of Norwood Engineering reviewed the site plan for the facility located at 440 Forbes Boulevard. He noted they have three parking areas and would like to add thirteen parking spaces back in the far corner of one of the lots. The Town Engineer recommended moving the stormwater recharge area, which has been done, and Ptlm. Lance Lawson of the Police Department recommended a stop sign at the egress onto Norfolk Road, which has also been done. Mr. Frank asked how much new impervious surface will be added, to which Mr. Myers response was 6,000 sq.ft. ( Motion: To send a positive recommendation to the Building Inspector 2 Meeting of September 22, 1999 (Frank -Cook) 6 -0 with Mr. McShane not present PASSES 30 Mansfield Avenue (Theodore Kyriakidis) Special Permit Public Hearing The public hearing was opened with Mrs. Flynn reading the hearing notice and correspondence received from John Sullivan, Town Engineer, and Ptlm. Lance Lawson of the Police Department. Mr. Kyriakidis said he is requesting the Special Permit because he needs to have a few cars for sale to make ends meet because he doesn't get enough auto body repair work. Mr. McShane noted that the Board granted him a Special Permit less than a year ago for the auto body repair business and Mr. Kyriakidis is now asking Board members to change their minds on what was the biggest concern at that time — traffic and congestion in the area. Mr. Kyriakidis said he is only asking for five or six cars and they won't be moving around. Mr. French asked if all the other conditions on the Special Permit plan have been met. Mr. Kyriakidis said he has grass in the areas of landscaping shown on the plan, but Mr. DeMazio was supposed to do the other plantings and has not done so. In response to questions as to why this requires a Special Permit when used auto sales is allowed in that zoning district, Mr. Burke noted as a condition of the previous Special Permit granted by the Board, the display and sale of automobiles on the site was prohibited and that Special Permit is still valid. In order for Mr. Kyriakidis to sell cars at that site, he would need a Special Permit that does not include that condition. During discussion of the traffic and congestion issues, Mr. Burke advised the Board that he believes caution is warranted due to the additional vehicular traffic stopping by to look at the cars on the site. He said he would prefer to see one use or the other, but not both. Mr. Frank noted that auto sales is allowed in that zoning district and if it is a detrimental use, it should be incumbent on the Planning Board to do a zoning amendment. Motion: To grant the Special Permit, including the conditions of the Special Permit issued for the auto body repair shop, and adding: There shall be no outside storage of motor vehicles on which auto body work is to be done or parts to be used for auto body repair; all such vehicles and parts shall be stored within the building. 3 Meeting of September 22, 1999 All landscaping shown on the "Landscape Plan" of Hutchins- Trowbridge Associates, Inc. dated July 29, 1994 and last revised August 6, 1999, shall be done during the current planting season. (Dolan- Tonman) 5 -2 with Mrs. Flynn and Mr. McShane opposed PASSES Dr. Torman: In favor - for the reasons discussed. I believe granting this Special Permit is a method for us to control the situation in what has been described as a less than perfect intersection. Mr. Cook: In favor - for the reasons discussed because I believe it will be in the best interests of the Town. Mr. Frank: In favor - because it keeps the property productive and on the tax rolls. Mr. McShane: Opposed — there are six specific criteria to look at in Section 5.5 of the Zoning By -Law and I believe this fails to meet five of them. Mr. Dolan: In favor — for the previously stated reasons. Granting the Special Permit is a way for us to control the number of cars that are displayed on the lot and will limit traffic. Mrs. Flynn: Opposed — because of the traffic congestion and number of cars on the site, because it does not meet the requirements of Section 5.5 of the Zoning By -Law, and because of the guidance given the Board by the Planning Director. Mr. French: In favor — because the number of cars on the site has been limited. Motion: To close the Public Hearing (Dolan - Frank) 7 -0 PASSES Motion: To let the Board of Selectmen know that the Special Permit granted is limits the number of cars displayed for sale on the site to five at any given time. (Flynn - Frank) 7 -0 PASSES Train Station Design Presentation Town Manager John D'Agostino introduced Frank Gay of GATRA and Michael Carragher of Vanasse Hangen Brustlin who were present to update the Planning Board on the preferred alternative of the design for the Mansfield Commuter Rail Station. He stated that, in addition to the provision for 1,600 commuter spaces, the Town is in discussion with private owners on the lease or outright purchase of Meeting of September 22, 1999 additional land in the vicinity of the Train Station to provide parking for Mansfield residents only. Mr. Carragher summarized how the plan has reached this stage, noting that three public meetings have been held for review and input from the public. The preferred alternative presented disperses parking into four quadrants. There is a traffic signal proposed for the Highland Avenue /Winthrop Street intersection. The proposal also includes pedestrian access ramps and stairs. The building would be 1,800 sq.ft., compared to the present 800 to 900 square foot building. The design also showed the expansion of the North Common up to the building. Plans regarding access onto County Street are uncertain at this time. Mr. McShane asked if the parking would require the taking of buildings in the southeast quadrant —it would. Mr. McShane also asked about the type of canopy proposed for the site and about the possibility of doing something to make the overpass more attractive. Cathy Finer, owner of property at North Main and Fuller Streets, expressed concern regarding the proposed two -way traffic in the area, noting it would eliminate on- street parking which is essential to business in that area. Other residents commenting on the project and/or asking questions were Phil ( Finer, Paul Connor, Peter DeTrolio, Lenoard Flynn, and Richard George of the Industrial Development Commision. There was general support for the concept, with Mr. Burke noting that GATRA played an important part in getting the project to this stage. Mr. Carragher reassured those present that they have heard the concerns and suggestions expressed and will make every effort to address them as they continue the design process, with further presentations planned when they reach the 25% stage. Around the Table Mrs. Flynn asked if we are sending plans to the Canoe River Aquifer Committee (CRAG) when proposals are submitted in the water protection zone. Motion: When feasible, to send CRAC a copy of any plans proposed to be developed in the Water Protection District for subdivisions or other important projects for their review and recommendation. (Flynn- McShane) 7 -0 PASSES Mr. McShane asked about the status of the Bombolini site on Pratt Street. Mr. Burke said he had been assured by Nick Riccio that the planters would be put in and will follow -up with him in writing. 5 Meeting of September 22, 1999 Mr. Dolan asked if Mr. Burke had checked on the reported denial of a building permit for the bus shelter to be provided for Mayhew Farms. Mr. Burke reported that the permit was not denied. The contractor was asked to go out to the site with Ptlm. Lawson to check site distances entering and leaving the site. Ptlm. Lawson checked them and told the Building Inspector they were fine, but the contractor never came back to pull the permit. Mr. French advised the Board that he would not be at the meetings scheduled for September 29h or October 6's. Since Great Waves was the only agenda item scheduled for September 29h and they have requested a continuance, the Board decided to cancel the September 29a` meeting. Adjournment Motion: To adjourn at 11:10 p.m. (Frank - Dolan) 7 -0 PASSES 16 Signatur of Clerk Date of Approval Next Meeting: October 6,1999 6 Meeting of September 22, 1999