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HomeMy WebLinkAboutPLANNINGbrd_3142012Planning Board Minutes March 14, 2012 Present: Tom French, Chair, Michael McClanahan, Tony Jodice, Don Cleary, James Ragazzo; Alternate Ralph Penney Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative Secretary 1. Meeting called to order at 7:00 p.m. Motion: To appoint Mr. Jodice Acting Clerk (McClanahan- Pennev) All in favor. PASSES 1. February 29, 2012 minutes. Motion: To approve as submitted (Penney- McClanahan) Four in favor. Jodice abstained. PASSES [Mr. Cleary arrived at this time] 2. ZBA Application — Appeal of Building Inspector's Decision — 900 Maple Street — Epstein. Mr. Burke distributed the building inspector's January 11; 2012 letter. The application contends the use is protected as an agricultural use; the building inspector disagrees. Mr. French said he doesn't feel he has enough information to make a recommendation. Mr. Ragazzo said according to the building inspector's letter, it appears the use is not in compliance with the Zoning By -Law. Motion: To support the building inspector's opinion (Ragazzo- Peimey) Mr. Cleary said he does not feel he has enough information to vote on this issue. Two in favor. Four abstained. 3. ZBA Application — Variance — 3 Mayflower Drive — Front Yard Setback — Fitzgerald Mr. Burke explained this is a corner lot, which requires a 40 -foot setback on three sides. The application explains there is a hardship because the house is built on an angle. Mr. McClanahan said both proposed additions, back and front, encroach into the setbacks. Mr. Cleary said the existing house already encroaches into the setback. Mr. Burke noted the application only addresses the addition to the front of the house, and does not mention the addition to the back, which is shown on the plan. Motion: To send the ZBA a positive recommendation only for the addition to the front of the house because of the orientation of the house. There will be no detriment to the neighborhood. (McClanahan- Cleary) Mr. Penney asked how the board can support a variance that has not been applied for, since the application only addresses the front addition. Five in favor. One abstention. PASSES 4. ZBA Application — Variance — 29 Webb Place — Two duplexes on one lot — Earls Mr. Burke explained the application is for two duplexes on one lot, which has adequate area, 7,500 square feet per unit. However, Mr. Burke said two buildings are not allowed on a single lot. He said the proper way to do this would be with a subdivision and suggested a negative recommendation. Motion: To send the ZBA a negative recommendation (Jodice - McClanahan) All in favor. PASSES 6. Public Hearing notices - Sharon Planning Board 1 3/29/2012 3. Form A (ANR) Plans 4. Citizen's Petition'Annual Town Meeting Warrant Articles Public Hearings — William Clemmey New B4 Zone; Changes to B3 Uses; Rezone 383, 375, 395,399 West Street, Rezone 396 West Street The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted and explained the Planning Board would be make a recommendation to Town Meeting on each citizens' petition. Motion: To request department head continents, as well as School Department and Finance Committee, on all citizens' petition zoning articles (McClanahan- Pemiey) All in favor. PASSES Rezone 396 West Street To see if the town will veto to amend tho crown's zoulug map to the extent necossary to rezone from its present classification of R -2 to tho classification of I-1, the following parcol of land; Beginning at a point on in the.North East comer of Assessors Map I l Lot 29 on the southerly side of west St., about 470 feet West of Routo 140, where the I.1 zone and the R-2 zone meet; Thence ruunutg 261.70 westerly along West St. and the northemproperty line of Assessors Map 11, lot 29; Thence running southerly 464.30 feet by the property line of Map 11, Lot 29 to apoint of intersection of Map 11, Lots 31, 45, mid 29; Thence reaping southeasterly 63.48 feet by the property line of Map 11, Lot 29 to the point of intersection of Assessors Map 11, Lots, 45, 28, and 29; Thence running southerly 92.10 feet by Ono property lines of Map 11, Lots 45 and 28; Thence naming westerly 33.41 feet by the property line of Map 11, Lots 45 and 28 to a point of intersection with Map 11, Lot 44; Thence running southerly 407.21 feet by the property line of Map 11, Lot 28 to a point of intersection with Assessors Mop 11, Lots 43, 28, and 25; Thence naming easterly 456.33 feet by the property lino of.Map 11; Lot 28 to the southeast comer of said lot along the existing I.1 zone line, Thence running northwesterly 429.57 feet by the property line of Mop 11, Lot 28 to the point intersecting Map 11, Lot 29 along the existing I.1 zone line; Thence nuwing northerly 504.58 feet by the property lin8 of Map 11; Lot 29 along the existing I -1 zone line to the point of beginning. Entire parcel comprised of potions of Assessors Map 11, Parcels 28 & 29, approximately 5.8 acres. Mr. William Clemmey distributed a handout including the petition and maps. Mr. Burke asked if the handout is the same as the citizens' petition. Mr. Clemmey said it is. Mr. Clemmey explained the article is to rezone the two lots behind Home Depot, 396 West Street and the lot to the rear of it, which are both three -acre Residential 2 lots. The rear lot has an access path to South Walnut Street. Mr. Clemmey said the parcel would accommodate 65 over 55 apartment units (a special permit use allowed in R2) and showed the board a drawing of a 36 -unit, three -story building a two - story, 28 -unit building. He said the 75 -foot buffer required between the R2 and I1 zones would be on the Shaw's side. He said there is currently a berm on the rear lot that buffers the residents from Shaw's. He said with the 55 and over plan, the buffer would move closer to the residents. He said one of the advantages to changing the lots to 11 would be that the maximum building size would be 35,000 square feet. He said the easterly side would be Il abutting I1, so the building could be closer to Shaw's and could share the existing access road behind the plaza, rather than having a new road near the residences. He said the 75 -foot buffer would be between the new use and the existing residential uses. Mr. Clemmey said he has met with some of the neighbors about the pros and cons of a 55 and over development and a retail development, and he wants to work with them to Planning Board 2 3/29/2012 develop the site in a way that makes sense. He said an industrial use in this area would not make sense, the residential use would have a lot more vehicle trips and the retail use would have less traffic. Mr. Clemmey said the Il zone would allow things like light manufacturing, but that is not what they are going to do. He noted most of the uses allowed in I1 require a special permit. He said he believes the 75 -foot buffer required between the industrial and residential zones will be a benefit to the neighbors. He said if the land is changed to I1, there could be no access from the R2 to the I1 zone, so the existing access path would not be usable. He said they would have to use it with a residential use on that land. Mr. McClanahan asked what would happen to the access road under the citizens' petition; Mr. Clemmey said it would stay R2 and the petition does not include a change to that approximately ' /< acre parcel. Mr. Clemmey said 55 and over could be done by right, but said he doesn't think that is the best way to go for this area. Public Comment Celeste Jones, 60 South Walnut Street, said she has met with Mr. Clemmey. She said South Walnut Street is 16.5 feet wide and the right -of -way to the Shaw's site is 50 feet wide. She said the neighborhood is in a difficult position. She asked how much control the Planning Board has with a special permit. Mr. French said the Planning Board has to make a finding that the benefits of a special permit application outweigh the detriments, but noted landowners have rights as well. Mrs. Jones said if the site is rezoned to I1, the landowners would not be bound to do what they discuss tonight; they could do any use allowed in the Il zone. Mr. McClanahan explained the uses that are allowed by right and by special permit in the Zoning By -Law. Mrs. Jones said the new berm behind Shaw's has caused flooding problems on her property and she is concerned that problem will get worse regardless of what is built. Mr. French said any application will be reviewed by the town engineer, who will determine whether the proposed drainage will work. Nancy Dion, 65 South Walnut Street, said if the property were rezoned to II and the access road left R2, it could not be used in an industrial development. She said the access road is too narrow to work as part of a residential use. She suggested it would be better to make the site Il to avoid the traffic that would come with a residential use. She said the neighborhood is in a difficult position and she doesn't want more traffic using South Walnut Street to access the shopping plaza. Mr. Clemmey said the change to I1 would keep the development further away from the residents than a residential use. Kevin Holbrook, 45 Casa Drive, asked what the plans are for the intersection of West Street and Route 140, because any additional development would mean more traffic. Mr. Clemmey said any development would require a traffic study. Mr. Holbrook asked what Mr. Clemmey's plan is for traffic at that corner. Mr. Clemmey said the main entrance to Erin's Centre is on West Street and the service road goes behind Shaw's; the land in Planning Board 3 3/29/2012 question abuts Erin's Centre, so its access could be through Erin's Centre instead of building another access. Richard Gordon, 407 West Street, asked if the curb cut across the street from his house would be used to access this property. Mr. Clemmey said his primary goal would be to use the existing Erin's Centre curb cut and they would not use the existing curb cut across from Mr. Gordon's house. Mr. Gordon asked why apartments were not constructed when they were proposed the last time; Mr. Clemmey said they do not believe that is the best use for the property. Mr. Penney asked what Mr. Clemmey intends to build on these parcels. Mr. Clemmey said they have talked with a number of tenants, including Starbucks. He said the building could only be about 35,000 square feet, so it would have to be small stores like GameStop or a bank and there would probably be five or six tenants. Cindy Bisciotti, 30 Casa Drive, asked if a restaurant use would allow a drive - through. Mr. Burke said drive - through is allowed in I1, but noted it would be a special permit use. Doreen McPherson, 10 Casa Drive, said the timing of the lights at Stop and Shop has never been changed. She said there is a lot of truck traffic into and out of Erin's Centre late at night. Mr. McClanahan said the special permit can restrict delivery times. Tina Silverio, 79 Walnut Street, asked how the access behind Shaw's was cleared. Mr. French said Mr. Clemmey owns that strip of land. Board Comment Mr. Cleary said if the zoning is changed to I1, a 55 and over residential use would not be allowed. William Regan, 41 Casa Drive, asked if retail hours can also be restricted. Mr. Burke said the special permit can address horns of operation for retail uses. Mrs. Jones said the neighborhood is in a difficult position, and after Erin's Centre was built and the trees were cut down, they can see the back of the buildings and cars on Route 140, even with the berm. She asked the Planning Board to consider what is best for the residents. Mr. Clemmey said lie would be willing to meet with the residents again before Town Meeting. Planning Board 4 3/29/2012 Rezone 383, 375, 395, 399 West Street To see if the Town will vote to amend the Town's Zoning Bylaw to the extent necessary to rezone from its present classification of R -2 to the classification of I.1, the following parcel of land: Beginning at a point on the northerly, sideline of West St., said point being at the southwest end corner rounding where Mass highway (Route 140) and West St. intersect at the southeast comer o£ Assessors Map 20, parcel 4. Thence naming westerly by the northerly sideline of West St. for 471 feet more or less to the point where Assessors map 20, parcels 191 and 190 property lines meet oil West St.; Thence running northerly 317.3 feet by said property line of Assessors Map 20, lot 191 to the northeast comer lot Parcel 20 -191; Thence muuiug easterly 508.5 feet by the northerly property two of Assessors map 20, parcels 191, 192 and 5, to the northeast comer point of Assessors Map 20, parcel 5 where it intersects with westerly sideline of Mass highway Rt. 140; Thence running southerly by the westerly sideline of Rt. 140 add the Easterly property line of Assessors map 20, parcel 5, 196 feet more or less to a point of start of curvature; Thence numing clockwise by the northerly sideline of West St. and the southerly property line of Assessors Map 20, parcel 5, 130 feet more or less to the point of beginning. The parcel of land intending to encompass Assessors Map 20, parcels 3, 4, 5,191 and 192 and containing approximatoly 3.4 acres. Or take any action in relation thereto: Mr. William Clemmey distributed a handout including the petition and maps. Mr. Burke asked if the handout is the same as the citizens' petition. Mr. Clemmey said it is. Mr. Clemmey explained the proposal is to rezone the four lots (with three houses) on the corner of West Street/Route 140 from R2 to I1. The lots are three acres of land across the street from Erin's Centre. Mr. Clemmey said they own the four parcels and he believes the best use is retail. A retail building on this site could be 15,000 square feet. Mr. Clernmey said the proposal is to change the zoning on all four lots, but to leave the existing brown house where it is, in the 75 -foot buffer zone. They have constructed a berm to buffer the existing residences from the retail zone and from Route 140. Mr. Clemmey said they have no intention of rezoning anyone else's land or expanding the industrial zone further up West Street. He said he doubts new houses or apartments would sell, and a change to I1 would match what is on the other side of the street. Public Comment Brian Bisciotti, 30 Casa Drive, said a change to I1 would allow any of the uses in the Zoning By -Law, and noted the berm does not cut down the view or noise from Route 140 and would not help the Casa Drive residents' view of a new retail use. He said the current landowner could sell the land and a different use could be built. Cindy Bisciotti, 30 Casa Drive, said she would not have bought he house if the abutting land were zoned industrial. She said the berm was constructed, but it is not large enough to block their view of Erin's Centre. She said her neighbors had flooding problems after the berm was constructed. She said she is concerned her property values will decrease if the land next to her is zoned industrial. She asked if the town should rezone land so someone can profit from it, and noted there are other landowners who may want to rezone their land later. She said there is nothing to require the landowners to do what they say they will do tonight. Richard Gordon, 407 West Street, said the neighborhood will work together to block the rezoning of this land. Mrs. Bisciotti said moving the zone line across West Street will set a precedent for the rest of the town. Planning Board 5 3/2912012 William Regan, 41 Casa Drive, said when Route 140 was constructed, a barrier wall was constructed to protect the residents from sound and light. He said that barrier is about 40 feet high and works as intended. He said Mr. Clemmey's berm does not do that for the residents. He said the property values of all the houses abutting this site will drop, so the town will lose more money than it would gain with an industrial use. He said the neighborhood has a high number of senior citizens who pay taxes and do not have children in the schools. Tina Silverio, 79 Walnut Street, said Mr. Clemmey claims a residential use won't sell on the corner of West Street /Route 140, and said she was concerned putting industrial uses there instead would have the same kind of negative impact on the existing residents. Mr. Clemmey said getting out of the driveway of the existing houses on that corner is very difficult. He said he understands the neighbors concerns. Mr. Karl Clemmey said he gives his word he will not build anything the neighbors don't like. He said mixed use will go there someday. He said the berm is 10 -12 feet high and the trees are 3 -4 feet high. He said if the neighbors do not want the berm, he will take it out. He said the sewer line that services Walnut Street goes through his property. He said the Shaw's plaza pays $396,000 annually in taxes. He said his family members live in three of the houses, so he is not asking people to live somewhere he wouldn't. He said a new small business would mean new jobs and taxes for the town. Mr. Karl Clemmey said Mrs. Jones owned the access road behind Shaw's, and it is a legal road to access that property. He said he took the trees down because he planned to develop the site; he said if it is developed as industrial, they will put the trees back in and add a berm if that is what the neighbors want. Mrs. Bisciotti asked what the repercussions would be for the neighbors speaking out; Mr. Karl Clemmey said there would be no repercussions. Mr. William Clemmey said he would be willing to meet with the neighbors before Town Meeting. New B4 Zone To see if the town will veto to amend the Town's Zoning Bylaw'to the extent necessary to create a now Businuss District, Business 4 — Remote Business under Section 2.1 of the Town By -laws. The now B4 classification would be used to re- classify the Business 3 districts located in remote areas of Town while maintaining their _current Uses, Dimensions, and Densities. The 4 specific areas to move into tito vow B4 district are as follows: Parcels 35 -231, 35 -31, and 35-48 located adjacent to the East Common; Parcels 6 -104, 7-36,7.45, and 7.44 located along the Southern side of Otis Street; Parcel 15 -39 on the eastern Side of Elm St.; and Parcels 31 -143, 31 -9, 31 -142, 31.8, and 33 -23, 33 -21, 33- 18, 33 -19, and 33.119 tocated along Eastman St. (the Cousins Pizza plaza and Heron Crest). No change in any specific Business zone area would occur to expand or built those Bushress Zone areas. The now B4 District Remote Business, would rise the identical current 133 Schedule of Principal Use Regulations under Section 3.2 of the Zoning By -laws and the identical B3 Density and Dhnensional Regulations under Zoning By -law schedules 4.2.1 and 4.2,2 for Residential, Business and Industrial Districts. See attached maps and schedules. Mr. William Clemmey explained there are three business zones; the B3 zone is "Highway ` Business," which includes existing outlying businesses like Bristol Plaza and Heron Crest Planning Board 6 3/29/2012 on East/Franklin Street, Mansfield Oil on the East Common, the Country Store on Otis Street and the former convenience store on Elm Street. He said the majority of B3 is the Copeland/Chauncy Street corridor, and changes to the uses allowed in the B3 zone would impact the remote businesses as well as the Copeland /Chauncy businesses, which he said would not make much sense. Mr. Clemmey said this proposal is to pull the remote businesses out of the B3 zone and changing them to `B4" with the same uses currently allowed in B3. He said this article sets the stage to allow changes in the Copeland /Chauncy corridor without impacting the remote business areas. He said if the article passes, there would be no change to any parcel in town other than calling the remote businesses `B4." Public Comment Richard Gordon, 407 West Street, asked if the landowners of the proposed "B4" parcels want their zoning changed. Mr. Clemmey said he has spoken with some of those landowners, but has not been in touch with all of them. He said he is not proposing to change any of the currently allowed uses for those parcels, he is simply proposing to call them `B4" so changes to B3 would not impact them. He said the existing Mobil on Chauncy Street and Sunoco on Copeland Drive are in B3; gas stations are not allowed in B3, which his next article proposes to change. He said he understands the areas around those remote businesses are all residential. Brian Homsi, 37 Copeland Drive, said he lives next to Mr. Clemmey's lot on Copeland Drive and asked what will be done to protect him and his neighbors. Mr. Clemmey said he thinks the best thing to do would be to pull the remote business areas out of B3, so changes to B3 would not impact them. He said if someone wants to change the new B4, that could happen in the future. He said when changes were presented in the past in the B3 zone, the argument was that changes would also impact the remote business areas. Mr. Homsi asked if the existing remote businesses could be rebuilt; Mr. Clemmey said he believes they could be. Mr. Regan asked if the Copeland /Chauncy corridor is considered downtown. Mr. Burke said it is not. Changes to B3 Uses To see if the town will vote to amend the Town's Zoning Bylaw'to the extent necessary to change the Schedule of Principal Use Reguations of the Zoning By -laws for the Highway Business District 133 as shown in the attached revised Schedule of Principal Use Regulations slid to change the associated Schednde 4.2.2; Density and Dimensional Regulations Business and Industrial districts as shown in the attached rovised Schedule 4.2.2; Density and Dimensional Regulations Business and Industrial. The changes in Use world include allowing the following Uses under n Special Permit; Fast Food Restannant, Auto Service Station, Drive-Up Window, and Mixed BusinesstResidontiat Use. 'rho Maximum Floor Area Ratio would be increased for Retail, Office, and Other nom. Residential from 0.25 to 0.75 and the Mixed Use Business/Residential FAR would be established-at 1.0 All other Dimensional and Density Regulationswondd remain the same as emrentB3. See attached Map and Schedules. Planning Board 7 3/29/2012 Mr. William Clemmey distributed a handout including the petition and maps. Mr. Burke asked if the handout is the same as the citizens' petition. Mr. Clemmey said it is. Mr. Clemmey explained the article proposes changes to the Chauncy /Copeland corridor. He noted if the previous article (the new `B4" zone) does not pass, these changes would impact the remote business zones. He said the article proposes four use changes in the B3 zone: gas station, fast food, drive up window and mixed residential- business use. He said there are currently two gas stations in the B3 zone, the Mobil on Chauncy Street and the Sunoco on Copeland Drive, but gas stations are not allowed in B3. He said there are a number of fast food restaurants in the B3 zone, but fast food is not allowed in B3. Mr. Clemmey said one of the proposed changes, drive -up windows, are only allowed in the Il zone, but he said that is not where a fast food restaurant would go. He said one of the other changes would allow mixed use residential- business, which exist but are not allowed in B3. Mr. Clemmey said the four changes would be special permit uses that would have to come to the Planning Board. Mr. Clemmey said this article also proposes a density change to increase floor area ratio in B3. Mr. Clemmey said the article does not propose to change the frontage requirement in B3. Public Comment Marsha Slayton, 130 Central Street, said the proposed uses are not allowed in B3 and asked how that would change. Mr. Clemmey said the proposed uses would require special permits through the Planning Board. Mr. Homsi said he understood what could happen on the parcel next to Benny's when he bought his house, but noted previous rezoning proposals have failed because the town decided fast food and gas stations were not appropriate uses. Mr. Gordon said this would open the B3 zone too much and would harm the neighborhood. Sheila Miller, 179 Central Street, said she is used to business activity in her neighborhood, but said she was concerned this proposal would impact their quality of life. She said the fact that a business exists in a zone doesn't mean another should be allowed. Ms. Silverio asked how the businesses that are not allowed but are there got there. Mr. French explained the Sunoco and Wendy's were built with use variances, which are no longer allowed. Planning Board 8 3/29/2012 Mr. Homsi said allowing these uses in the B3 zone would not bring anything new of value to the neighborhood. Mr. Clemmey explained the uses that are currently allowed in the B3 zone. He said he doesn't want to put a fast food or gas station on his Copeland Street lot and would like to do mixed use business - residential on that parcel. He said he isn't proposing to rezone land with this article. He said he has spoken with a lot of business owners in the Copeland /Chauncy corridor who would like to expand but cannot because the density is too low. Mr. Clemmey asked about amending the article. Mr. French said it can be amended, provided the amendment is less restrictive than the original proposal. Mr. Clemmey said a mixed use development would require a special permit of the Planning Board. Mrs. Grant asked if Mr. Clemmey could guarantee he will not build a fast food or gas station on the Copeland Drive parcel. Julie Miller, 179 Central Street, said there is a big difference between a fast food restaurant and something like a bank. Mr. Clemmey said most of the existing restaurants in the area fall into the "restaurant" category, not the "fast food" restaurant. Mr. Clemmey said he would take the gas station and fast food uses out on the floor of Town Meeting. David Grant, 108 Central Street, said this proposal has been turned down previously at Town Meeting. He said the neighbors tried to get Mr. Clemmey to sign a covenant saying he would not build fast food in the past. He said the Copeland Drive corridor is very narrow and his neighbors already have problems with odor and trash from Wendy's, and he does not think the site is conducive to a fast food use. He said the neighborhood has a drainage problem now. Mr. Clemmey said if the neighbors are opposed, lie will take fast food and gas stations out of his article. Mr. Penney asked what the density change from .25 to .75 would mean. Mr. Clemmey said the open space, parking and setback requirements would not change; the increased density would allow a larger building than is currently allowed. He said expanding existing buildings in that area is difficult because of the current density requirement. Mr. Burke noted the proposed density for mixed use development in this article is 1.0, which would result in a taller building. Mr. Clemmey said he would like to build a two or three story building with retail business on the first floor and residential above, and noted it would be a special permit use. He said fast food and gas station are not things he wants on that parcel. Planning Board 9 3/29/2012 Mrs. Grant asked what type of buffer would be added with a mixed use building to protect the neighbors. Mr. Clemmey said it would be a special permit use, so they would ( have to work with the Planning Board and the neighbors. Mr. Penney said there seems to be opposition to fast food and gas station uses, and asked about the neighbor's feelings about the "drive -up." Members of the audience said they were concerned about the drive -up use because of traffic. Mr. Penney asked if Mr. Clemmey would consider withdrawing the "drive -up" from the article. Mr. Clemmey asked if a drive -up would be allowed for a use like a bank. Mr. Burke said the Zoning By -Law only addresses a drive -up in terms of a fast food restaurant and the building inspector would have to make the determination if a drive -up would be allowed in other uses. He noted the drive - through is considered a primary use in a fast food restaurant, but would be an ancillary use in a pharmacy or a bank. Mr. Penney asked the difference between a restaurant and fast food. Mr. Burke explained fast food is rapidly or pre - prepared food that may be ordered and eaten at a counter or taken out. In a restaurant, the food is typically ordered and eaten at a table. Mr. French thanked everyone for coming and reminded them the board only makes a recommendation to Town Meeting. He encouraged everyone to attend Town Meeting. Mr. Clemmey said he would be willing to meet with the neighbors before Town Meeting. Mr. French asked if Mr. Clemmey plans to take fast food, auto service and drive through out of the article. Mr. Clemmey said he does, and said he will send a letter to the Planning Board and Town Clerk with his proposed modification. Mr. French explained the board will vote its recommendations prior to Town Meeting. Motion: To close the public hearing (McClanahan- Jodice) All in favor. PASSES ZBA Application — Variance — 31 Oxford Road — Madigan The site is currently being used as a sports complex; when it was originally permitted for the same type of use, there were parking issues. The Planning Board specified the parking requirements in the original special permit. The business has changed hands and does not offer as many activities as the original owner planned, so the amount of parking required by the special permit is not needed. The off -site parking is not needed. With some additional paving, the owner can get 123 parking spaces on the site. Rather than seek a new Planning Board special permit, the owner is seeking relief from the number of required parking spaces. Mr. French asked if the special permit would have to be modified, even if relief is granted. Mr. Burke said he believes the owner wants the variance because it would run with the land rather than the owner. Planning Board 10 3/29/2012 Mr. Jodice said Oxford Road is packed on the weekends when this facility is operating. The board discussed whether this site may need an amendment to the special permit even if a variance is granted. Motion: To send the ZBA a positive recommendation to allow 123 parking spaces (Jodice - Ragazzo) Four in favor. One opposed. One abstention. PASSES Mr. Penney said he has spoken with Mr. Burke about the board's article to fund a train station study out of the Parking Enterprise Account. Mr. Burke said it is his understanding the board's article was not supported by the Finance Committee and Board of Selectmen. Mr. Cleary said he has spoken with Mr. Gazzolo, who told him there is an article on the warrant to define what the Parking Enterprise Account should be used for. Mr. Cleary said Mr. Gazzolo told him he would be able to assist the board with the funding for this issue and suggested going through Capital Improvements. Mr. Burke said it is too late to get on the capital improvements plan this year. He said another option may be free cash. Mr. Penney asked about meeting with the Board of Selectmen and Finance Committee to discuss using free cash. Mr. French suggested getting a town counsel opinion about whether the board's article is an appropriate use of the parking enterprise funds. Mr. Burke asked if the members want to go to the March 15 Finance Committee meeting. Mr. French said he doesn't think that would be the best use of members' time. Motion: To request permission to get town counsel's opinion about whether the board's article is an appropriate use of the parking enterprise funds. (Penney- Jodice) All in favor. PASSES Mr. Burke said he attended a CEDS meeting last week and discussed funding options for access to the train station and crossing of the CSX tracks to County Street. FIe said the most readily available funds are for planning projects. Mr. French asked how this would help get an easement to cross the CSX tracks. Mr. Burke said he has been speaking with Jean Fox at South Coast Rail about starting a conversation with CSX about a grade crossing, which would be a long process. He said getting onto the CEDS plan would be one step closer to getting on the TIP, which would be one step closer to design and construction. Mr. Penney said the town should pursue it, but should also pursue the parking enterprise funds. Mr. French said Capital Improvements met on March 13 to discuss the crack in the High School gym wall. The estimate to repair the wall is $500,000. Planning Board 11 3/29/2012 Mr. Cleary asked about a restriction on through traffic on Walnut Street. Mr. Burke said the board has discussed traffic calming methods in the past, but said he didn't think a restriction would be appropriate. Mr. Cleary asked if a berm can be built without considering drainage. Mr. French said there is case law that says a property can drain onto another provided it is an existing condition. Mr. Jodice asked if it is possible to figure out the tax impacts of different types of housing. Mr. Burke said there are standard tables for determining that. Mr. Burke said compared to neighboring communities, Mansfield has higher household size, education and income. Mr. Jodice said lie is concerned the board should be directing development rather than reacting to it. He said he would like to be able to evaluate the impact of developments on the town. Mr. Burke noted there are hard to quantify impacts of development, like quality of life. 117. Adjournment Motion: To adjourn at 11:15 p.m. (Penney - ) All in favor. PASSES Next meeting: March 28, 2012 at 7:00 p.m. Signature of Clerk Date of Approval Planning Board 12 3/29/2012