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Planning Board Minutes
October 2, 2002 02 OCT 2'
Tom French, Chair; Bernie Dolan, Clerk; Roger Achille, Ken Tonnan, Marl( CooK
Shaun P. Burke, Director ofPlannin and Develo ment
Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk
Tonnan-Cook All in favor. Passes
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I. Minutes September 18, 2002
Motion: To approve as submitted (Tonnan-Cook) All in favor. PASSES
2. ZBA application for variance - 43 Pleasant Street - to convert a single-family home
to a two-family home with less than the required lot size; and for a finding to alter a
pre-existing, non-confonning residential structure. This house is in the R3 zone,
which allows two-family homes; however, the lot is 1,000 feet smaller than the
15,000 square feet required for a two-family. The lot has sufficient frontage and a
22-foot front yard setback. Mr. Burke suggested a positive recommendation
Motion: To send the ZBA a positive recommendation
(Achille-Cook) All in favor. PASSES
3. ZBA appeal of building pennit, 15 Mystic Lane
Mr. Burke explained the homeowner had previously applied for a sideyard variance
for an addition and mudroom, which was granted. According to the abutter, the
application showed a one-story addition; however, when the building pennit was
applied for, the addition was one and one half stories. The variance did not specify a
single story. The Building Inspector issued the pennit for the one and one half story
addition. An abutter has appealed the grant of the building pennit. Mr. Burke
suggested sending the ZBA a positive recommendation upholding the issuance of the
building pennit.
Motion: To send the ZBA a positive recommendation upholding the Building
Inspector's grant of the building pennit and suggest the ZBA to be more diligent in
the wording of variances.
(Cook-Achille) Three in favor. Tonnan abstained. PASSES
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[Mr. French arrived at this time.]
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4. Request for partial release from surety - Ridgeview Estates - Al Endriunas / Memo
from Mike Ahem recommending no release of funds as the work has not been done to
his satisfaction.
Motion: Not to release any funds
(Cook-Achille) Four in favor. French abstained. PASSES
5. Meeting Notices: Attleboro, Easton, Foxboro, North Attleboro, Canoe River
Aquifer Advisory Committee
The Commissioner newsletter
Planning magazine
The Beacon
Mass Interchan e newsletter
Special Town Meeting has been scheduled for October 22,2002. Two petitions for street
r acceptance have been submitted, Ridgeview Lane and Holstein Road, along with Cobbler
Road, which is left over from the Annual Town Meeting and is being supported by the
Board of Selectmen. Mr. Burke suggested supporting acceptance of Cobber Road.
Motion: To support acceptance of Cobbler Road pending the completion of all punch list
items. (Dolan-Cook) All in favor. PASSES.
Mr. Burke explained he had visited Ridgeview Lane, and believes the road issues will be
resolved before the October 9, 2002 Board of Selectmen public hearing. He suggested
supporting acceptance pending the completion of all punch list items. The developer was
supposed to have restored the open space and turned it over the Conservation
Commission; Mr. Burke will call the developer to discuss the issue. If he is willing to
post a separate bond for the restoration of the open space, that can become a separate
issue from the roadway issues.
Motion: To support the acceptance of Ridge view Lane pending the completion of all
punch list items and with the gravel pit restoration has been worked out between the
developer and Conservation Commission; if those items have not been worked out, not to
support acceptance. (Dolan-Cook) All in favor. PASSES
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Mr. Burke explained he had visited Holstein Road, and the roadway had been paved. He
suggested supporting acceptance pending completion of the punch list.
Motion: To support he acceptance of Holstein Road pending completion of all punch list
items (Dolan-Achille) All in favor. PASSES
The clerk read the public hearing notice for the conversion of an existing office use to a
residential use in the Bl zone. Dr. Tonnan, an abutter to this project, excused himself
from the meeting.
Mr. French explained that because there are only four members of the board present, the
public hearing must be continued until a quorum of five members is achieved. He added
that even with a majority of five members, the application must get five affinnative votes.
Mr. Burke explained the applicant's options.
Mr. Crugnale asked to be placed on the October 16, 2002 agenda. Mr. French said he
would not be at that meeting. Mr. Crugnale said he understood that they would still be
dealing with a five-member board.
Motion: To continue the public hearing to October 16, 2002 at 7:45 p.m.
(Dolan-Cook) All in favor. PASSES
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The clerk read the public hearing notice for the construction of a two-lot residential
r compound off of East Street, in the Rl zone.
Dr. Tonnan told the board that Mrs. Jackson, a direct abutter to this site, works for his
wife. Mr. French asked if Mr. Hansen had any problems with Dr. Tonnan participating.
Attorney Mulcahey asked Mr. Hansen if he had been approached by the Jacksons; Mr.
Hansen said he had spoken with Mr. Jackson several times, who did not seem opposed to
the project. Mr. French explained to the applicant that only five members of the board
are present, so the applicant will need five affinnative votes. Mr. Hansen said he would
like to proceed.
Attorney Charles Mulcahy, representing the applicant, explained the applicant's intention
to deed a portion of the property to the Conservation Commission as part of the Canoe
River green belt. He said because of the location of the houses, he has prepared
restrictive covenants to prevent any type of use of this property that would be
incompatible with the conservation uses. These restrictions will be explained to the
homeowners, including the use of salt and the protection of the vernal pool.
Steven Hansen, applicant, explained the plan had been before the board for discussion in
January 2002. He has gone through the Conservation Commission public hearings, done
permeability tests with the Engineering Department, and met with other departments to
detennine their requirements.
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Paul Robinson, engineer, explained a variance has been granted for lot size. The plan
shows two residential "exclusive use" areas and an open space area, Parcel C, running
from East Street, with frontage along the exclusive use areas and providing access to the
town's property. There will be an I8-foot wide common driveway from East Street to
access the two dwellings. Soil and permeability testing have been done with excellent
results. The septic systems are being designed and will be submitted to the Board of
Health.
Mr. Robinson explained the drainage from the driveway will be handled by a storm
ceptor catch basin, to provide treatment within the basin, then flowing to a galley system
and leaching into the ground. Both houses will be on town water, with a line run in from
East Street. The plan also shows a double row of hemlocks to provide a screening for the
Simons property to the north within Parcel B.
The driveway will be on the open space parcel, but will have an easement for the use of
the two homeowners. The open space area, outside the driveway and drainage, will be a
no-touch zone. Mr. French asked about the recharge pipes; Mr. Robinson said they were
also within the open space area and he would revise the plan to show an easement.
Mr. Dolan asked if sidewalks would be required; as a compound, the board has the option
to waive sidewalks.
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Department Head Comments
r The clerk read a letter from Richard Lewis, Environmental and Conservation Planner,
regarding the open space being donated to the town. The Conservation Commission
voted unanimously to accept this land, with the drainage system outside of the land they
are to own. Mr. Lewis also asked for an identification sign indicating the property is
conservation land.
The clerk read a memo from Lt. Towne regarding the location of fire hydrants. Mr.
Robinson said the closest hydrant is on Shannon Lane, which is right across East Street.
Mr. Cook asked about a hydrant on the new roadway; Mr. Hansen said there would be a
two-inch water service, which would not handle a hydrant.
The clerk read a memo from Mr. D' Ambra regarding a riser pole for this project, and the
need for the utilities to be underground. Mr. Dolan asked the engineer if he would be
able to submit the plans and as-builts in digital format; Mr. Robinson said he would.
The clerk read a memo from Mr. Gaffney regarding the water extension; an 8-inch main
must be looped through the compound and back to East Street, along with several other
issues. Mr. Mulcahey said the applicant would speak with Mr. Gaffney about that
requirement, which is nonnally required for a much larger subdivision.
The clerk read a memo from Mr. Sullivan regarding the setback from drainage structures.
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The clerk read a memo from Mr. Lewis regarding a meeting he had with the applicant.
There has been an Order of Conditions granted on the plan as presented, including the
requirement for the applicant to certify the vernal pool within one year. The
Conservation Commission has also suggested a narrower driveway; the Planning Board
has granted 16-foot driveways in the past.
Mr. French asked that the distance from the driveway to the fire hydrant be shown on the
plan. Mr. Dolan said he didn't have a problem with a narrower driveway. Mr. Hansen
said if the roadway were narrower than 18 feet, it might be hard for cars to maneuver.
Board Comment
Dr. Torman said he would like the above issues clarified on the plan.
Mr. Cook asked about intersection offset; Mr. Burke explained that does not apply
because this is a driveway.
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Public Comment
Rick Simons, 1099 East Street, was concerned about lights from this development
shining onto his greenhouse and affecting the plants. He said he would be happy with the
trees proposed along his property line, and asked if there could be a condition that they
not be removed. One of Mr. Sullivan's comments was that the trees should be five to six
feet tall, and the size should be shown on the plan. Mr. French asked if Mr. Hansen had
any problems putting a restrictive easement around those trees to protect them. Mr.
Hansen said he would be willing to do that. Mr. Mulcahey said he would amend the
r restrictive covenants, and Mr. Robinson said he would add a no disturb note to the plan.
Mr. Simons said he was concerned about the danger of children cutting through the trees
and coming in contact with his trucks. Mr. French suggested that might be Mr. Simon's
responsibility, and he could consider installing a fence to protect himself
Mr. French suggested continuing the public hearing in order for the applicant and his
engineer to meet with staff and resolve the remaining issues.
Motion: To continue the public hearing to October 30, 2002 at 8:30 p.m.
(Achille- Tonnan) All in favor. PASSES
The applicant submitted a request for extension until November 6, 2002.
Motion: To accept the extension until November 6,2002
(Achille-Cook) All in favor. PASSES
VHB will be going out to bid on the building October 10. The plan has been scaled
down; the last time, the plan showed a handicapped ramp from Route 106, the underpass
was to have been widened, and parking changes were going to be made. These
improvements will not be done at this time. Changes to the building and to the
immediate parking area will be done, including a metal roof with a clock tower, and
r security cameras will be installed.
Carl Nelson, landowner, explained the site is on School Street, across from Plymouth
Street. The 150 x 150 foot site will be used for the temporary storage of materials. Mr.
Burke explained the contractor who will be rebuilding the School Street bridge will be
using this site.
Department Head Comments
The clerk read comments from: the Board of Health regarding hazardous waste; Mr.
Nelson said there will be acetylene and oxygen tanks on site for the cutting of steel. Mr.
Burke said they will have to be inspected and get a pennit for this storage. Officer
Lawson was concerned about trucks and construction vehicles, and recommended a stop
sign be erected. Mr. Sullivan said the rip rap area should be constructed prior to the start
of work. Mr. Burke recommended signage.
Board Comment
Mr. French asked where the signs would be installed; Mr. Nelson said the state-required
signs have been installed, and the contractor would get together with Officer Lawson to
determine the location of additional signs. Mr. French asked about the fence; Mr. Nelson
said it is six-foot chain link.
r Mr. Burke suggested a positive recommendation to the Building Inspector.
r Motion: To send the Building Inspector a positive recommendation provided a all
department head comments are addressed (Achille-Cook) All in favor. PASSES
Mr. Dolan told the board about the Capital Improvements Committee meeting on October
I, 2002. CIP will be supporting a SOD-seat bleacher for the practice field, which will be
eligible for 2/3 reimbursement from the state. The committee will also support the
$15,000 Library/COA HV AC study, along with $170,000 for the wastewater treatment
plan design. The second part of the funding that was voted at the Spring 2002 Annual
Town Meeting will be released.
Karl Clemmey asked about the board's amendment to change the residential use allowed
in the 12 zone. He said he didn't think zoning articles should be put on Special Town
Meeting warrants. Mr. French said the amendment was not to change the zoning, but
rather to change the footnote regarding allowed residential uses and density in the 12
zone. Mr. Clemmey said the change would be a big difference from what is allowed
now, and it appeared the board is trying to block something.
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Mr. Clemmey said he did not believe the proposed fee schedule for the Board of
Selectmen's new temporary use special permit is fair. He said the fee should be charged
based on the size of the site. Regarding the MMAS application, Mr. Clemmey said the
organization plans to spend a lot of money on advertising, and would make "millions" on
the event. He said the Planning Board's job is to help plan for the town.
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Mr. Clemmey said he submitted a subdivision plan in 1995 and paid a large filing fee,
and said Mr. Burke did not review the plan because he was out for two weeks. Mr. Burke
said he has submitted a memo with supporting documentation to the Board of Selectmen
detailing the staff review, public hearing, and subsequent denial of this plan. Following
the denial, the board refunded all but $2,000.00 of the filing fee. Mr. Burke said the
representation that the plan was not reviewed and that he was out for two weeks was
inaccurate. Mr. Clemmey said all plans have to be reviewed by the town departments,
and he recently paid a $6,000 filing fee for a site plan review. Mr. Clemmey asked if the
Planning Board knew Mr. Burke was sending the Board of Selectmen a recommendation
on the temporary use filing fee; Mr. Burke said the Town Manager asked him to do that.
Mr. Burke explained that a filing fee based on the entire site is charged when a new
development is proposed; when the entire site will be altered by drainage, pavement,
houses, etc. Mr. Burke said the Board of Selectmen waive the town's portion of all filing
fees for non-profit projects. He said with a new proposal, the review costs are much
higher because more review is necessary, requiring more staff time. In a temporary use
like the MMAS light festival, no pennanent changes are made to the site, and the existing
facility has a traffic management plan, a drainage system, pavement, etc. Mr. Burke
said to represent that a temporary use is analogous to a new project, like Home Depot, is
erroneous. Mr. Clemmey said he agreed with Mr. Burke and suggested the board
members get copies of the MMAS application to see what was going to be done. Mr.
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Burke said the location of this temporary use is irrelevant; it doesn't matter how much
rent the landowner is making on the light festival. He said if there is a question about
whether this is what it appears to be, the Board of Selectmen can use their discretion. He
also said that board does not have to take his recommendation. Mr. Clemmey said there
are fonns to be filled out for pennits, and everyone applying for permits should be made
to conform to the same requirements. Mr. French suggested Mr. CIemmey bring these
concerns to the Board of Selectmen, which is the special permit granting authority. Mr.
French said Mr. Burke's recommendation was simply based on the time it would take
staff to review the temporary use. Mr. Burke added that with non-profit organizations,
the Board of Selectmen has always waived the fees, so what the Selectmen set as the fee
is irrelevant.
Mr. Dolan asked if the landowners of the land being effected by zoning changes should
be notified. Mr. Burke explained they could be, but that it was not required by the
statute.
Mr. French said he believes non-profits receive preferred treatment in the permitting
process; Mr. Burke agreed. Mr. French said the question is whether the MMAS light
festival is actually a non-profit event or whether it is a Tweeter Center event. Mr. Burke
said the town will never know what the deal might be between thise two organizations
unless one or both of them chose to disclose that. He said he didn't believe the fees
should be waived for any organization, especially since the Finance Committee is
concerned each year about revenues. He suggested that if the temporary use doesn't
r work out the first year, the Selectmen can chose not to issue the permit a second time.
Motion: To adjourn at 10:15 p.m. (Torman-Achille) Allin favor. PASSES
Date of next meeting: October 16,2002 at 7:30 p.m.
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Date of Approval
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