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HomeMy WebLinkAboutmin of planning brd 9/8/1999f = rr"\1t,:� C ICE �{`t, ., f 1 MA 1, 23 Planning Board Minutes ,: September 8, 1999LC3 Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Cler� 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 A Form A plan entitled "Land on Plymouth Street" owned by Ship of Fools LLC prepared by Hutchins - Trowbridge Associates, Inc., dated August 27, 1999 was reviewed. The plan showed a parcel of land identified on Assessors Map 44 as parcel 8009 containing 10.8 acres being divided into two parcels. Parcel 1, containing 152,072 sq.ft. (3.4 acres) would have 759.77 feet of frontage on Plymouth Street; Parcel 2, containing 322,494 sq.ft. (7.4 acres) would have 232.78 feet of frontage on Plymouth Street. Motion: To endorse the Form A Plan (McShane - Frank) 7 -0 PASSES Correspondence 1. Minutes of August 11, 1999 Motion: To approve (Flynn - Dolan) 7 -0 PASSES 2. Minutes of August 25, 1999 Motion: To approve (Flynn - Dolan) 7 -0 PASSES 3. Minutes of September 1, 1999 Motion: To approve (Flynn - Dolan) 7 -0 PASSES 4. Request for partial release of surety with recommendation from Mike Ahern that $12,724.60 be released for work completed at Mayhew Farm, leaving a balance of $21,960.76, which includes the 10% contingency Motion: To approve the release (Flynn -Cook) 7 -0 PASSES Mr. Dolan requested that Mr. Burke check to see why the building permit for the bus shelter was denied. 5. Zoning Board of Appeals Applications: Stanley Feck for a Variance from Sections 4.2.1 minimum lot frontage, 1.5.17a minimum lot width, and 1.5.14 to allow access off Tremont Street I Meeting of September 8, 1999 through a 20 foot easement and right of way for a vacant lot at 90 Tremont Street in an R -1 Zone: Motion: To send a positive recommendation to the Zoning Board of Appeals because the proposed access is a far better location to the property and it would be a hardship, both to the applicant and the Town, if they were forced to do a subdivison. Also, the applicant is assuring the Town that the property will be for one single - family home in perpetuity. (McShane - Torman) 7 -0 PASSES Kathleen A. Deely for a Finding per Sections 3.10AB and 6.1. LD to provide a second egress for a 2 "a floor apartment at 48 -50 George Street where the deck will not exceed the footprint of the existing structure: Motion: To send a positive recommendation to the Zoning Board of Appeals because the deck will not exceed the footprint of the existing structure and the pre- existing, non - conformity will not be increased. (Flynn -Cook) 7 -0 PASSES Frank G. Steele for a Variance from Stetion 4.2.1 frontage to allow a single- family house at 984 East Street with less than the required frontage in an R -1 Zone: Motion: To send a positive recommendation (Dolan- McShane) 2 -5 with Dolan and McShane in favor FAILS Motion: To send a negative recommendation because the application ( seriously derogates from the intent of the Zoning By -Law (Frank -Cook) 5 -2 with Dolan and McShane opposed PASSES 6. Zoning Board of Appeals Decisions Janice Repetto and William Dryden— Finding per Sections 3.10.4.B and 6.22D to allow for the alteration and expansion of a pre - existing, non- conforming single family home at 512 South Main Street in an R -2 Zone Granted: Planning Board recommendation: 6 -0 positive James Paulson — 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 Granted: Planning Board recommendation: 5 -1 negative 7. Letter from Jay Zola with copy of ENF for Lot 4 Flomefield Drive 8. Building Construction Report for August 1999 9. Memorandum from Dianne Royle re: Ethics Commission Workshop on September 16a' 10. Letter from Karl Clemmey with newspaper article attached 11. Letter from Paul Folkman re: Operations Plan for 47 Chauncy Street Special Permit 2 Meeting of September 8, 1999 12. Notices of Public Hearings — North Attleboro Planning Board 13. Notice of Public Hearings — Attleboro Zoning Board of Appeals 14. Notices of Public Hearings — North Attleboro Zoning Board of Appeals 15. Notices of Public Hearings — Norton Planning Board 16. Notice of Decision — North Attleboro Planning Board 17. Notice of Public Hearings — Attleboro Municipal Council 18. "TRANSreport" Newsletter, September 1999 19. Seminar Notice — Inspiring Livable Communities 20. "Planning" magazine, August 1999 21. SRPEDD Regional Review newsletter Carpet Concepts /CEM Services Special Permit Continued Public Hearing Michael Trowbridge of Hutchins - Trowbridge Associates reviewed the revisions made to the plan since the last meeting. Attorney Marc Antine of Antine & Roster of Taunton was present, representing Louis Certuse of Winter Street who owns the house in closest proximity to the proposed sites on Lots 69 and 70. Mr. Antine asked the following questions: Uses of the two sites Lot 69 Carpet Concepts — indicates on plan that it's a warehouse; on application for Special Permit it says "office /warehouse" Will there be retail sales on the site Number of parking spaces provided Following response by Mr. Trowbridge, Mr. Frank asked if our discussion should be centered on the Surface and Groundwater Protection District issues. Mr. Burke noted that if the use proposed is a use by right in the underlying district, which they are, then the Planning Board's role is to insure that groundwater recharge and water quality meet EPA guidelines. Other issues should be dealt with separately. Mr. Antine raised a number of questions concerning parking, noting the number of parking spaces is an important issue because if more are to be required, it will increase the amount of impervious surface. Mr. French stated that the Board would issue a Special Pennit specific to the plan. If the Building Inspector determines there are not enough spaces, the applicant would have to come back with another plan. Mr. Antine asked that the plan include the notation "there will be no sale to the public from the warehouse." Mr. Frank said that Lot 69 is for "bulk sales ", meaning wholesale and retail to suppliers. If they started selling to the general public, they would be in violation of the Special Permit. When reviewing the site plan prior to approval, the Building Inspector would be making the determination as to the adequacy of parking. 3 Meeting of September 8, 1999 John DeSouza of Haywood, Boynton & Williams in Taunton said he reviewed the I' plans on behalf of Mr. Certuse to see how they conform to stormwater management policies and can't find the calculation for total suspended solids (TSS) for the site. Mr. Trowbridge noted that he provided deep sumps on all catchbasins and doesn't believe Best Management Practices apply because there will be oil/water separators. Discussion followed on the issue, with Mr. Trowbridge offering to meet Best Management Practices for TSS, even if it is not applicable, in order to move the project forward. Mr. McShane asked where the closest monitoring well is located between the project and the Town's well. Discussion followed as to the existence of a monitoring well, if there is a need for one, and the advisability of putting one in. The Board discussed whether to continue the public hearing for additional information or proceed with the caveat that the information be submitted to the Town Engineer for review. Doug Annino, also representing Mr. Certuse, objected, noting that public input would be left out. He further noted the value of public input received during the current discussion. Mr. Burke questioned the need for additional public comment, noting the drainage is subsurface and subject to annual maintenance. The process of the Special Permit and Site Plan Review being done concurrently was discussed. Motion: To grant the Special Permit with the following conditions: I. The Town to Engineer review all calculations and Mr. Trowbridge to make any necessary changes, subject to the information provided to the Board on chemicals used or stored on site. 2. Total suspended solids be calculated and reviewed by the Town Engineer for DEP Best Management Practices. 3. There shall be no outside storage on the site. 4. Mr. Trowbridge will check that there's a monitoring well between the site and the municipal well or install one with a cap and lock, with a key to be provided to the Town. 5. If the Town Engineer has any amendments to the plan, that he advise the Planning Board of such. 6. "Bulk sales" will be listed as the use within the Special Permit. (Torman- Dolan) Further discussion ensued regarding the advisability of a monitoring well. Members were concerned about protecting the Town's drinking water, yet were cognizant of the fact that a monitoring well would indicate if there's a problem, but not the source of the problem. It was agreed to amend the motion to eliminate the requirement for a monitoring well if one does not already exist. 4 Meeting of September 3, 1999 Motion: To further amend the main motion to include that the amount of impervious surface will be limited to that shown on the plan, and any increase in impervious surface will have to come back before the Board for review. (Flynn- Dolan) 7 -0 PASSES Amended Motion: To grant the Special Permit with the following conditions: 1. The Town Engineer will be asked to review all calculations and Mr. Trowbridge will make any necessary changes, subject to the information provided to the Board on chemicals used or stored on site. 2. Total suspended solids will be calculated and reviewed by the Town Engineer for DEP Best Management Practices. 3. There shall be no outside storage on the site. 4. If the Town Engineer has any amendments to the plan, that he advise the Planning Board of such. 5. "Bulk sales" will be listed as the use within the Special Permit. 6. The amount of impervious surface will be as shown on the plan, and if any increase in impervious surface becomes necessary, the Plan will come back before the Planning Board. (Torman- Dolan) 5 -1 with Mr. McShane opposed and Mr. French abstaining Vote: t Dr. Torman: I vote in favor of granting the Special Permit because the applicant has worked through everything and it seems like it is a good project. It's a good use for the area and the engineer has been more than willing to work with the Board on it. Mr. Cook: I vote in favor of granting the Special Permit for all the above reasons. Mr. Frank: I vote in favor of granting the Special Permit based on the fact that I believe the applicant has shown they recognize the importance of not adversely affecting the groundwater and has agreed to provide the Town Engineer with the calculations for total suspended solids and to adhere to Best Management Practices. In doing so they are working to promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Mansfield by preserving and protecting the existing and potential surface and sub- surface sources of drinking water supplies. Mr. McShane: I vote against the granting of the Special Permit. I believe the applicant tried, but I still feel there is not sufficient evidence to make the findings 5 Meeting of September 8, 1999 we're required to make. I still feel they are trying to do too much on the site and the setback is not sufficient. Mr. Dolan: I vote in favor of granting the Special Permit for the above - mentioned reasons and because the applicant and their engineer are willing to accept the stipulations that have been made. I also appreciate the input given to us by the public and thank them for bringing these issues to our attention. Mrs. Flynn: I vote in favor of granting the Special Permit. To the best of my knowledge the applicant has used our Town regulations as a guideline and our Town Engineer and Planning Director have provided guidance to the applicant to do the best job possible to protect our groundwater. Motion: To close the public hearing. (Frank - Torman) 7 -0 PASSES Motion: To send a letter to the Building Inspector addressing other issues relative to this application as follows: 1. Request that the Building Inspector carefully consider the opinion of Town Counsel regarding setbacks. The By -Law is ambiguous at best. While it is clear that a 75 foot setback is required when "residential" abuts "industrial ", it seems this setback may also apply to all non- residential land uses. The Planning Board respectfully requests the Building Inspector to review both the By -Law and Counsel's opinion prior to issuing a building permit. 2. Request that the Building Inspector closely investigate what the particular use of this building(s) is going to be and determine if a sufficient number of parking spaces has been provided. (Frank - Flynn) 4 -3 with Torman, Cook, and McShane opposed. PASSES As a former member of the Planning Board, Doug Annino reminded Mrs. Flynn that she was on the Board when the By -Law was passed specifically for situations where commercial and industrial uses abutted residential uses, and the intent was that the public be protected. He further noted his belief that Mr. Mangiaratti was Town Counsel at that time and assisted the Board in writing that By -LaNv, finding Mr. Mangiaratti's recently rendered opinion on the setback issue to be contradictory with the intent of the By -Law. National Lumber Special Permit Public Hearing The hearing for National Lumber for a Special Permit to construct a 33,870 sq. ft. building at Oakland Street and Francis Avenue to be used for a commercial building supply store, drive through building supply pickup, and millwork and manufacturing and having greater than allowed impervious surface within the Surface and Ground Water Resource Protection District opened at 9:15 p.m. 6 Meeting of September 8, 1999 Mr. Maloon reviewed the existing drainage system on the site and showed proposed landscaping and lighting plans. Correspondence was read from the following Department Heads: John Sullivan, Town Engineer, dated September 8, 1999 Steve Bishop, Acting Water Operations Manager, dated August 12, 1999 Ptlm. Lance Lawson, Police Department, dated August 12, 1999 Lt. Joseph Sarro, Fire Department, dated August 12, 1999 Shaun Burke, Director of Planning and Development, dated August 12, 1999 In discussing the drainage on the site, Mr. Maloon noted the Town has a drainage easement for a portion of the site. Following discussion, it was suggested Mr. Maloon talk to the Town Engineer about the various options. Mr. Burke pointed out that if the site is going to be used for retail, it would also require a Special Permit for that use. Steven Kaitz, owner of National Lumber, said they would only be doing what they do now, but are trying to separate contractor from walk -in trade and have storage from one side to the other. He said the site is too congested now. Mr. Burke said the use should be permitted prior to doing the Surface and Ground Water Protection District permit. He suggested the applicant ask that the current hearing be continued, submit another application for the retail use, and the Planning Board hear both applications concurrently. Other issues discussed were the number of parking spaces needed and the distance to the closest abutter. The applicant was questioned about chemicals used or stored on site, the distance from the site to the Town well, the distance from the site to the nearest monitoring well, and what percentage of the natural vegetation on the site will have to be disturbed. Mr. Maloon said they would agree not to use road salt. He was asked to obtain a statement from the Town Engineer verifying that there will be no change in the quality of the water. Mrs. Flynn requested that all lights be directed downward and be shaded so that no lights will disturb the neighbors. She also asked that the durnpster be screened with an 8 -foot high 5 -inch board fence. Mr. Burke noted that Mr. Maloon has additional engineering work to do. Given the need for another Special Permit to conduct the retail operation, he suggested the Board wait and cover all the issues when the hearings are conducted concurrently. Mr. Maloon was advised that the Board could accommodate the hearings on October 6`h, provided the new application is received prior to Friday morning in order to meet the deadline for the required advertising. 7 Meeting of September 8, 1999 Mr. Maloon was asked to take the following actions prior to the October 6`h i public hearing: review parking for the retail use provide hours of operation show how propane filling will be conducted to avoid a queuing problem talk to Ptlm. Lance Lawson about pedestrian access discuss retail use within the industrial zone with Industrial Development Commission address any issues with outside speakers and noise make necessary revisions to drainage calculations obtain approval from Town Manager and/or Selectmen if the easement is going to be used show ventilation system for the drive - through portion of the building, stating what the noise level will be show distance to Town well and distance to closest monitoring well Motion: To continue the Public Hearing to October 6, 1999 at 8:00 p.m. with renotification of abutters. (Dolan - Frank) 7 -0 PASSES Zoning Discussion The Board reviewed proposed zoning amendments in anticipation of a Fall Special Town Meeting. In reviewing the Table of Uses, Mr. McShane said he would rather see kennels allowed in the I -1 zone and prohibited in the R -I zone. Other proposed zoning articles were reviewed briefly, but due to the lateness of the hour it was suggested that an extra meeting be scheduled to devote totally to zoning issues. It was agreed to do so on October 13 "i. Around the Table Mr. French advised the Board that he would not be able to be present until 9:00 p.m. for the Great Waves Site Plan Review and Recommendation on September 15'h. He suggested the Board get started promptly at 7:30 p.m. on September 15`h and, in the interim, be thinking about the motion to be made for recommendation to the Building Inspector on the Great Waves site plan. Adjournment Motion: To adjourn at 12:25 a.m. (Torman- Frank) 7 -0 PASSES 8 Meeting of September 8, 1999 f{ � zz y� Signa,fure of� Date of Approval Next Meeting: September 15,1999 9 Meeting of September 8, 1999