HomeMy WebLinkAboutmin of planning brd 05/17/05
~
,..C'II\I
!~j t. ~ \l .....
. !' ,., , ,r., (). r: F I (' 1-
" " ",' ";'1"\ I..} ~. 1...' ~ ,.
r Planning Board Minutes
May 17,2005 05 JUN 22 AM 9: 28
Present: Tom French, Chairman; Fred Armstrong, Clerk; Doug Aimino, Ken Torman,
John DeMassi, Frank Holmes; Shaun P. Burke, Director of Planning abii'~etiii&ut
t-"i~SSr""CHUSET I S
1...l...i~~tAI""".".6:.;P'"
Motion: To appoint Mr. DeMassi acting chair
Holmes-Torman) All in favor. PASSES
t"tA.....;'./M_W.......~26.-~~JJ.-
The clerk read the public hearing notice.
Article 26 - To see if the town will vote to amend the Mansfield Zoning By-Law by adding a second
paragraph to Section 1.5 .48 as follows: (changes in bold)
1.5.48 Temporary Use: A use permitted by right in all districts in this by-law lasting a limited
amount of time. For the purposes ofthis by-law, a limited amount of time shall mean no more than
ten (10) consecutive days and a total of not more than ten (lO) days within any given calendar
year. Temporary use shall be limited to the following: temporary noncommercial fair, festival,
auction, or flea market. All temporary uses shall be strictly limited to usual and customary not-for-
profit, fraternal, or charitable organizations.
,r-
The Board of Selectmen, acting as Special Permit Granting Authority, may authorize by special
permit in accordance with the Section 5.5, Special Permit provisions of the Zoning By-Law, a
temporary use in the 1-1 zoning district to be conducted by a Mansfield Non-Profit Organization
for up to an additional forty-five (45) consecutive days beyond the ten (10) consecutive days
allowed in the preceding paragnlph, provided that the such special permit for additional days may
only be granted in conjunction with the grant of an entertainment or festival license by the
Selectmen under M.G.L. c. 140. Such a Special Permit shall be issued only to the Mansfield
Non-Profit Organization conducting the temporary use, is non-transferable, and does not revert to
or run with the title of the land upon which such a temporary use is conducted. For the purposes
of this paragraph, a Mansfield Non-Profit Organization is defined as a not-for-profit, fraternal or
charitable organization based in Mansfield and whose primary purpose is to provide cultural,
social or recreational opportunities for Mansfield residents.
And to amend line 3.4.10 The Schedule of Principal Uses as follows:
Residentjal
Districts
1 2 3 R
3.4.10 Temporary Use Y Y Y Y
Business
Districts
123
YYY
P
B
D
Y
Industrial
Districts
1 2 3 A SPA
Y.* Y Y Y N
** Temporary Use for more than ten (10) days in the 1-1 zone only, may be permitted by special permit as
provided in Section 1.5.48.
---------------------~-_._--_.--
John D' Agostino, Town Manager, explained the change was for five consecutive days to
ten consecutive days; the maximum will still be ten days in a calendar years.
[Mr. French arrived at this time]
r-
Motion: To support Article 26 (Torman-Armstrong) All in favor. PASSES
r--
ill.
lall
To see if the town will vote to amend the Zoning By-Law to add the following to Footnote (2) of Section
4.2.2, Density and Dimensional Regulations, Business and Industrial Districts (change in bold):
(2) Business and residential uses may be combined in the same, or separate buildings,
provided that in the Business 1 and Business 2 districts retail, office, bank, restaurant or parking uses shall
occupy the entire ground floor (see Section 3.7.2).
-Ai.... Twa .... W....... ArtldeSO...........
Attorney Marc Antine said he has spoken with Bob Mangiaratti and Mr. Burke about an
amendment to the proposed article, which would require a minimum of 15% retail on the
fIrst floor of a building, or 30% on the first floor of a comer building. Attorney Antine
said he thought this would help both Mr. Crugnale's project and other projects in the
future. He said he didn't think the intent of the by-law change in 2004 was to prohibit
fIrst floor parking, but that is what actually happened. He said putting an enormous
requirement for retail on the first floor will likely result in empty storefronts.
Mr. Burke said the last time the board met, there were concerns about a minimum amount
of retail and comer lots, which this amendment addresses. He said he is more
comfortable with this proposal and encouraged the board to support it.
Mr. Annino said he likes the provisions for comer lots and for a minimum amount of
retail. Mr. Burke said Marco's current project is a front-to-back building on North Main
r- Street, but there aren't too many more buildings left that are that deep.
Mr. DeMassi said he feels more comfortable with this amendment.
Mr. Mangiaratti said he is comfortable with the amendment and said the language would
be understandable and enforceable. He said the warrant is different than this amendment,
so the board has to make sure Town Meeting understands the new article.
Motion: To support Article 50 as amended (Annino-Armstrong) All in favor. PASSES
..__- AamtaaI TOWB ...... Warraat.ArtleIe 27 -.. PIae
Motion: To withdraw Article 27 (DeMassi-Annino) All in favor. PASSES
.;~--
Article 24 - Associate Planning Board Members
Mr. DeMassi said he didn't think it was a bad idea, but said the associate members would
have to be present for each meeting to keep up with the discussions. Mr. French said it
would be only for special permits; Mr. Armstrong said the article doesn't differentiate
between regular public hearings and special permit public hearings. Mr. Burke said the
board doesn't always know who will be absent until the day of the hearing. Dr. Torman
asked if it could be set up the way the ZBA associate members work; he said having
~ associate members would reduce the learning curve when they are made full members.
r- Consensus was that the board is supportive of the concept, but is concerned the wording
is unclear about how it would actually function.
Motion: To support Article 24
(Anninio- Torman) Five in favor. DeMassi opposed. PASSES
Article 36 - Michael Lane Street Acceptance
Mr. Burke said all the required improvements have been completed and recommended
acceptance.
Motion: To support Michael Lane (Annino-Armstrong) All in favor. PASSES
I.....l..i~~
Motion: To adjourn at 7:20 p.m. (DeMassi-Armstrong) All in favor. PASSES
Next Meeting: June 1,2005 at 7:30 p.m.
Si:t!c~~
I? I IJ1tJJ-
Date of Approval
r-
r-