HomeMy WebLinkAboutmin of planning brd 05/09/01
r
(
r
A
I
r
~
RECEIVED
TOW~' 1":1 FR'\S Off ICE
Planning Board Minutes . '" ~',.," ,
May 9, 2001 n, MA125 AM 10: 22
Present: H. Thomas French, Chairman, Bernie Dolan, Clerk; Roger chille; Thomas
McShane; Kenneth Torman; Mark Cook; Scott Frank t'1 A N S F \ ELO
Shaun P. Burke, Director of PI ann in and Develo ment SSACHUSETTS
1. Minutes April 11, 2001
Motion: To approve (Torman-Dolan) Five in favor. Achille Abstained. PASSES
[Mr. Frank arrived]
2. Minutes April 18, 2001
Motion: To approve (Dolan-Torman) AI in favor. PASSES
3. Castle Hill Estates Residential Compound plan to be signed following expiration
of 20-day appeal period
Motion: To sign the plans (Dolan-Torman) All in favor. PASSES
4. Zoning Board of Appeals decisions: 120 Oakridge Avenue, North Attleboro
(Granted; positive recommendation); 30 Atwood Street (Granted; positive
recommendation)
5. Meeting notices Foxboro Planning Board; North Attleboro Planning Board; Easton
Planning Board; Sharon Zoning Board of Appeals; Attleboro Zoning Board of
Appeals; Attleboro Planning Board
6. Notice of 14th Annual Canoe River Awareness Day - May 12
7. Access New England newsletter
8. Mass Interchange newsletter
9. Workshop notice - DHCD - "Keys to a Thriving Downtown"
10. JTPG meeting notice
11. Canoe River Aquifer Committee meeting notice
Michael Trowbridge, Hutchins-Trowbridge Associates, presented the plan for a two-
lot subdivision off Fruit Street. The plan shows two existing lots on Fruit Street, with
two new lots behind. The land is in the R2 zone and is on sewer, so the minimum lot
size is 22,500. He presented two layouts; one showing the required 85-foot cul-de-sac
radius, the other showing a smaller, 65-foot radius. The road will be 275 feet long.
There will be two drainage areas, and there is one isolated wetland pocket near the
sewer interceptor, but Mr. Trowbridge said it is not large enough for him to have to go
to the Conservation Commission. The site is on town water.
Mr. Trowbridge said he would be requesting waivers for a 65-foot cul-de-sac radius, a
20-foot wide roadway pavement, and the elimination of sidewalks.
The clerk read department head comments from the Fire, Police, Conservation and
Engineering Departments.
r
I
r
I
(
r
r
Mr. Trowbridge said they had done test holes and permeability tests, but would not do
a complete drainage study until the definitive plan is filed. He said he would like to be
able to do a natural, creative drainage design because of the small roadway.
He said they would add a street light to Fruit Street, and they already have the required
sight distance on both sides of the new roadway.
Mr. Frank said the board has allowed 20-foot wide roadways, but wanted to be sure
the public safety officials would be comfortable with that width. Mr. Frank asked
about the lots conforming to lot width requirements. Mr. Burke explained the
regulations say the lot has to have minimum frontage measured back 150 feet at a 90-
degree angle. He said the Building Inspector will have to determine where to make
that measurement.
Dr. Torman suggested getting in touch with the Airport Commission. Mr. Trowbridge
said he understood he would have to file with the FAA. Mr. French suggested putting
a note on the plans and deeds regarding the proximity to the airport.
Mr. Burke said a strict application of the Subdivision Regulations would result in
much too large a cul-de-sac for the number of homes around it, so he would be
comfortable with a smaller radius.
Consensus of the board was the 20-foot wide roadway would be acceptable, as would
the 65-foot wide cul-de-sac, provided public safety approves it. There was no
consensus on the elimination of sidewalks. Mr. Frank asked that the lot width
question be answered, and Mr. Burke said the drainage must comply with DEP Best
Management Practices.
Motion: To approve the preliminary plan as submitted with the following comments:
general agreement that the applicant must address all department head comments
prior to the submission of a definitive plan;
general agreement that the applicant must meet all requirements of the Zoning By-
Law, especially Section 1.5. 17a, Lot Width, prior to the submission of a definitive
plan;
general agreement that the board will consider a waiver for a 65-foot cul-de-sac
radius;
general agreement that the board will consider waiver for a 20-foot roadway width;
general agreement that the drainage shall comply with DEP Best Management
Practices;
there was no consensus on the elimination of required sidewalks.
(Dolan-Achille) All in favor. PASSES
[Mr. McShane arrived]
The clerk read the public hearing notice.
r
(
Mr. Burke explained he had spoken with the applicant, who was concerned about the
number of board members eligible to vote on this application, since it is a special
permit and requires a super majority of the board. The applicant requested a
continuance until June 6, 2001 at 8 p.m., during which time the board can consider the
Conflict of Interest Law, Section 19B. This section lays out the process by which
members with conflicts, if they are comfortable doing so and feel the conflict will not
effect their review, can file a disclosure with the Board of Selectmen and ask to be
allowed to participate.
Mr. Burke said he did not want any of the members to feel pressured to decide whether
they would request permission to participate, and told them Town Counsel would be
available to discuss the issue.
Michael Bliss, attorney for Home Depot, said they were requesting the extension to
allow the members to consider the statute, which would allow them to participate.
The clerk read the applicant's request for continuance until June 6, 2001 at 8 p.m.
Motion: To grant an extension to June 6, 2001 at 8 p.m. (Dolan-Torman)
r
r
Mr. French suggested the applicant renotify the abutters; Mr. Bliss said he would be
happy to do that, but would rather not do another certified mailing. The board agreed.
Six in favor. Cook abstained. PASSES
Mr. McShane asked Mr. Burke to check on the orientation of the Stop and Shop gas
station signs. He also asked about the trucks parking on the Currivan lots on Route
106, and about he fill which has been brought in there. Mr. Cook said he thought it
was probably truck drivers pulled in to sleep or to be inspected by Officer Lawson.
Motion: To appoint Mr. French Chair and Mr. Dolan Clerk
(Torman-Achille) All in favor. PASSES
Mr. Clemmey told the board the time frame for the bike path easement on Cobb Street,
which he had granted for a period of three years, had expired. He said the easement
document was signed on March 28, 1998; Town Counsel has told him the three years
began with the award of the grant, which was October 1998. Mr. Clemmey said he
thought the three years began when the document was signed.
r
r'
Mr. Frank looked at the original easement document, signed by Mr. Clemmey in
March 1998, and said it did not appear to have expired. Mr. Burke said there were
trigger points which have not been met; he said the bike path is at 75% design, but he
r
(
did not think it would go out to bid by the fall. He added that at this point, the bike
path design does not include a Cobb Street access.
Mr. McShane said he would like to find out whether VHB plans on using that as an
access point; if it does not, he has no problem extinguishing the easement. Mr.
Clemmey said he and others, including town boards, had written letters in opposition
to a Cobb Street access.
Mr. Clemmey said if the board wanted to wait until October, he would get an attorney
to review the documents, and would be willing to swear under oath that he thought the
three years ended in March 2001, not October 2001.
Mr. Dolan said nothing was hidden and everyone knew the grant had not been
awarded at the time the agreement was signed. Mr. Clemmey said if the board is
under the assumption the easement ends in October 2001, he would like that in
writing. Mr. French said the board is not under any assumptions, but would have Mr.
Burke check his file to find all documents submitted to Mass Highway.
Motion: To adjourn at 9:00 p.m. (Torman-Dolan) All in favor. PASSES
r
Date of next meeting: May 23,2001 at 7:30 p.m.
~>> 7/~~A
. ature of Clerk -
6-- ~h --t//
Date of Approval
r
-
,