HomeMy WebLinkAboutmin of planning brd 12/14/05
Planning Board Minutes
r December 14, 2005 CO) 2':0 10: 2 I
Present: Tom French, Chair; Fred Armstrong, Clerk; Ken Torman, John DeMassi
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ShaUD P. Burke, Director of Planning and Development !,' ~. ~,',;.' ;.~., ,}. U
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Webb Place. Mr. Burke explained this had previously been submitted as a preliminary
subdivision, which the board denied. The land is now being divided into three Form A
lots with requisite frontage and area. He recommended the board endorse the plan.
Motion: To endorse the Form A (DeMassi- Torman) All in favor. PASSES
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1. November 30, 2005 minutes
Motion: To approve as submitted (Torman-Armstrong) All in favor. PASSES
2. ZBA application for Variance - 23 Sturbridge Drive - Side yard setback
Mr. Armstrong noted the application does not include any information about a
hardship, and the addition could be moved back two feet without encroaching.
Motion.: To send the ZBA a negative recommendation and suggest the addition
could be made two feet smaller or moved back; there is no hardship demonstrated in
the application, and the material as presented shows no hardship
(Torman-Armstrong) All in favor. PASSES
3. ZBA application for Special Permit - 347 Pratt Street - change in pre-existing, non-
conforming use from auto repair to florist shop. Mr. Burke explained the current use
is auto repair and the application seeks to expand, alter or extend the-non-conforming
use. Mr. Burke suggested a negative recommendation because a floral shop is more
ofa retail business than auto repair. The application also mentions a sign larger than
allowed, which Mr. Burke said would need a Variance. Mr. DeMassi said he
wouldn't want to see a sign that size in a residential neighborhood. Mr. Armstrong
said the application indicates there will be little traffic with the proposed use because
most of the business is conducted over the phone or the internet. Mr. DeMassi said
the board won't be able to ensure'that would continue to be the case.
Motion: To send the ZBA a negative recommendation for the change in use Special
Permit because it would become too much of a retail presence in the residential area.
(DeMassi- Torman)
Dr. Torman asked if this can be a home occupation, as described in the application.
Mr. Burke said anything can be a home occupation, provided the occupants of the
house are the only workers, not people from outside the household. He said a floral
shop is not a traditional home occupation. Mr. Armstrong said the use would be
conducted in a separate building than the home, so it isn't a true home occupation.
Mr. French asked if the florist shop left. would something like a convenience store be
allowed. Mr. Burke said it would be possible if the building inspector accepts the
interpretation of the use. Mr. DeMassi said he would be concerned about the florist
use expanding and negatively impacting the character of the neighborhood.
All in favor. PASSES
Planning Board
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Motion: To send the ZBA a negative recommendation on the sign Variance
(' (DeMassi-Armstrong) All in favor. PASSES
4. ZBA application for Variance - 16 Elyse Road - area, frontage and lot width
Mr. Burke suggested a negative recommendation. He said these parcels were platted
before the lot width definition, and this lot does not conform to area, frontage or lot
width.
Motion: To send the ZBA a negative recommendation because the lot has no
frontage, area or lot width and there is no hardship demonstrated in the application.
(DeMassi-Armstrong) All in favor. PASSES
5. ZBA application for Variance - 170 School Street - 10-acre requirement for 55+
Development. Mr. Burke said the board has seen this plan in a conceptual, and this is
an application to the ZBA for relief He said the plan shows an intermittent stream,
which the Conservation Commission has determined is actually a perennial stream,
and the density proposed is twice what is allowed. Mr. Burke suggested a negative
recommendation to the ZBA. Mr. French said taking the day care center off this
comer is a good thing, but this proposal is much too dense. Mr. Burke said it will
be difficult to get a crossing for the perennial stream. He said he spoke with the
new owners before they bought this property about the issues that would come up.
Mr. Burke said the 10-acre requirement was not an arbitrary number and was arrived
at during the development of the 55+ by-law.
Motion: To send the ZBA a negative recommendation because there is no hardship
whatsoever shown on the plan or discussed in the application. The 10-acre
requirement is not an arbitrary number and was arrived at when the 55+
(' development by-law was adopted as a method to get the number of units necessary
for the site to accommodate features like a community center or swimming pool. The
board believes that by-law was adopted to ensure a development like this would be
built on a large enough parcel to become a village-like property and to avoid
developments like this from being shoehorned onto existing smaller lots.
(DeMassi- Torman) All in favor. PASSES
Mr. French said the application may exceed the density allowed because the by-law
requires 10 upland acres per unit. The board discussed the fact that the plan does not
show how much of the site is wet and how much is dry.
Motion Amended: The board does not believe the application proves the site meets
the Zoning By-Law Section 3.3.10b requirement for upland area
(DeMassi- Torman) All in favor. PASSES
6. Request for partial release of surety - Marshall Avenue (Woodland Park Phase II) /
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The applicant has requested the public hearing be continued to January 11, 2005.
Motion: To continue the Arnold's Gymnastics Academy special permit to January 11,
2006 at 8:30 p.m. (Torman-DeMassi) All in favor. PASSES
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Motion: To adjourn at 8:45 p.m. (Torman-DeMassi) All in favor. PASSES
Next meeting: Wednesday, January 11, 2005 at 7:30 p.m.
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Signature of Clerk V1t)
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Date of Approval
Planning Board
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