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HomeMy WebLinkAboutmin of planning brd 05/24/00 - "..,,\~ r Planning Board Minutes of May 24, 2000 ,n . ! ,-, , ., 1:'; :::; c; I.. " ,~',.." ,) ;,. i._ ,,_, V Present: Thomas French, Chairman; Bernard 1. Dolan, Cierk;Roger Achille; Scott Frank; Mark Cook, Kenneth Torman. Shaun P. Burke, Director ofPlannin and Develo ment Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk (Torman-Cook) All in favor. PASSES 1. Minutes May 3, 2000 and May 10, 2000 Motion: To approve as submitted (Torman-Cook) All in favor. PASSES 2. Zoning Board of Appeals applications 11 Plantingfield Road - sideyard setback. The clerk read a letter of support from an abutter. Mr. Burke explained there was no hardship to the land, but that the house was located on the lot at an angle. Motion: To send the Zoning Board of Appeals a positive recommendation (Torman-Achille) All in favor. PASSES Mr. Frank arrived at the meeting. r 17 Gilbert Street - sideyard setback. Motion: To send the Zoning Board of Appeals a positive recommendation (Torman-Cook) Four in favor. Frank opposed. PASSES 3. Zoning Board of Appeals decision - 30 King Arthur Way - Granted 4. May 23,2000 letter from Charlotte Scozzafava, 20 Lancelot Lane re: variance granted to 30 King Arthur Way Motion: To send Ms. Scozzafava's a letter saying the board stands behind its recommendation, but does not feel the case warrants an appeal of the decision. Suggest that she or her neighbors could appeal. (Torman-Cook) All in favor. PASSES 5. May 16,2000 memo from Bertram Cook - Commercial parking facility 10 Reservoir Street 6. May 18,2000 letter from Attorney David Gay re: Reuse of Compo Chemical property, Branch Street 7. Public Hearing notices - Attleboro Zoning Board of Appeals; Attleboro Planning Board; Easton Planning & Zoning Board; Foxboro Planning Board; Norton Planning Board; Plainville Planning Board 9. Access New England 10. May Building Permit Summary 11. Environmental Notification Form - Mill Street Sewer Extension 12. Planning magazine 13. Patricia Marie Village plans - 20-day appeal period has expired with no appeal Motion: To sign the plans (Torman-Cook) All in favor. PASSES r - I Planning Board Minutes 5/10/00 r John G. Walsh, Jr. - School Street. A single parcel with adequate frontage and lot width. Motion: To endorse the plan (Frank-Torman) All in favor. PASSES Mr. French arrived at the meeting. Compo Chemical - Branch Street. A single parcel with adequate frontage and area. Motion: To endorse the plan (Frank-Cook) All in favor. PASSES Wolf/Pitman - Gilbert Street. Five lots in the 12 zone, to be used as residential lots, built to R3 standards. All five have adequate frontage and area. Motion: To endorse the plan (Frank-Achille) All in favor. PASSES The clerk read the public hearing notice. Mr. French explained the purpose of the public hearing was to determine whether the board should take the remaining surety to complete the work. ,r- Mr. Burke explained the history of the subdivisions, including the streets having been on several Town Meeting warrants for acceptance but never being finished. The developer, Herb Fuller, has provided $28,000 to guarantee completion of the remaining items and said he would not appeal a recission/default finding. Mr. Burke, Mr. Sullivan, and Mr. Ahern visited the sites and revised the punch lists, determining there is enough surety to complete the required improvements shown on the plan in a timely manner. The surety will be turned over to the Board of Selectmen, since the Planning Board does not have the authority to spend money, who will put the work out to bid to be completed for Fall 2000 Town Meeting. The clerk read the punch list. Mr. Burke explained the money has to be used for improvements in these subdivisions and suggested bidding the whole thing out as a single package. Public Comment Dave Bertrand, 11 Sadies Way, was concerned about planting street trees during the summer with a water ban in place. Mr. Frank said it could wait until fall, but then the trees may not be done in time for Fall Town Meeting. Mr. Burke said a one-year guarantee is usually required on tree plantings and suggested wording the contract so the trees are put in after September 1. Mr. Bertrand suggested having the contractor be responsible for coming back to water the trees. r Mr. Burke explained the money would be spent on public safety issues before spending it on landscaping issues. -2 Planning Board Minutes 5/10/00 r Judy Bees, 38 Corbane Drive, said the bounds seem too high. Mr. Burke explained that is one of the punch list items and they would be lowered. Cheryl Erlandson, 7 Sadies Way, said she was concerned about losing services if the items aren't completed by Town Meeting. Mr. Burke explained the punch list items do not include any structural items and would not be a lot of work. Mr. Dolan suggested sending the Board of Selectmen a letter with the residents' concerns, and said he did not think the town would stop providing services if the work is in progress. Motion: To find the developer n default for failure to complete the required improvements in a timely manner and turn the $28,000 over to the Board of Selectmen as Road Commissioners to bid the job out with the suggestion that the contract include a stipulation the trees be planted after September 1,2000 and/or they be watered by the contractor as much as possible. (Dolan-Cook) All in favor. PASSES Motion: To close the public hearing (Frank-Dolan) All in favor. PASSES r Jay Barrows, IDC Chair, suggested the two boards get together to discuss an overlay district. The board and Mr. Barrows decided to meet on June 14,2000 at 7:30 p.m. The clerk read new correspondence from the Town Engineer indicating Mr. Sullivan's satisfaction with the revisions; the Airport Commission suggesting deed declarations be added to the plans regarding the airport; and Mike Ahern regarding temporary sidewalks. Michael Trowbridge, Hutchins-Trowbridge Associates, said he had added the airport note to the cover page of the plan. Mr. McClanahan said he would install a temporary sidewalk, but would prefer stone dust. Mr. Burke said the issue is to avoid damage to the sidewalk during construction, and installing it piecemeal raises issues of wear and uniformity, while waiting until the end makes it more expensive because of construction damage. Mr. Ahern and Mr. Sullivan agreed stone dust is not the best solution. r Mr. Burke explained this would be the first subdivision with concrete sidewalks, so the board should be mindful of establishing a precedent. He suggested a standard that will be usable in future subdivisions. -3 Planning Board Minutes 5/10/00 ,'" r Mr. Frank did not think the board would necessarily be setting a precedent, but did not want to have a sidewalk argument with subsequent developers. He said this is a valid public safety issue, and if the board is going to require temporary sidewalks, they should be usable. Mr. Burke agreed, saying that during construction, the only safe place to walk is on a sidewalk. Mr. Trowbridge said some other towns allow the temporary sidewalk to end at the mid-point of the cul-de-sac. Mr. French said he did not want to do that because the board would end up negotiating with other developers about sidewalk length. Mr. Trowbridge explained the waivers they were requesting: for the sidewalk along one side of Michael Lane, for the drainage safety factor to be increased to 2.0 within 100 feet ofthe property line, and for the reduction in the pavement width to 22 feet. Public Comment Jeff Sienna, Airport Commission Chair, asked if the airport note would be added to individual deeds. Mr. McClanahan said it would be. r Motion: To approve the waiver for reduction in pavement width to 22 feet as shown on the plan, which will reduce the impervious surface. (Dolan-Torman) All in favor. PASSES Motion: To approve the waiver for the sidewalk to be constructed along one side of Michael Lane as shown on the plan (Dolan-Achille) Mr. Frank said the board just revised this regulation and he did not think it should be waived for safety and aesthetic reasons. Five in favor. Frank Opposed. PASSES Motion: To approve the waiver for the drainage change increased to 2.0 safety factor with the system within 100 feet of the property line as shown on the plan (Dolan-Cook) All in favor. PASSES Motion: To allow temporary sidewalks to be installed until the subdivision is complete, provided they are made of one (1) inch bituminous concrete and are maintained by the developer. The permanent concrete sidewalk will be installed by September 1, 2001 or within 60 days after the certificate of occupancy is issued on the last house, whichever is sooner. (Frank-Dolan) All in favor. PASSES r Motion: To approve the definitive subdivision plan of South Meadow Estates with the usual boiler plate conditions and the above waivers granted; and with the addition of the deed declarations on the plans and the deeds regarding the airport. (Dolan-Cook) All in favor. PASSES -4 Planning Board Minutes 5/10/00 -, r Motion: To close the public hearing (Frank-Torman) All in favor. PASSES Motion: To reappoint Mr. French Chair and Mr. Dolan Clerk (Torman-Achille) All in favor. PASSES Mr. Burke told the board a revised site plan had been submitted for Shaw's on West Street. He said there was a question as to whether, following Town Meeting vote, this project now needs a special permit. Mr. Frank said he thought so because the use is not frozen until a building permit has been issued. Mr. Dolan said he thought Mrs. Levine's Town Meeting article brought out a lot of voters, which may have helped the passage of the Planning Board articles. Mr. French said the Planning Board did a great job at Town Meeting and he appreciated everyone's hard work preparing the articles. Mr. Frank asked if the override vote would be one or two questions. Mr. Burke explained it would be one question, and would include the trash issue. r Motion: To adjourn at 10:00 p.m. (Torman-Cook) All in favor. PASSES Date of next meeting: June 7, 2000 at 7:30 p.m. ~~~ ignature of Clerk <:TrINE.. ~ ).,lJtJ/J Date of Appr al r -5 Planning Board Minutes 5/1 0/00