HomeMy WebLinkAboutmin of planning brd 05/14/03
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Planning Board Minutes
May 14, 2003
Tom French, Chair; Bernie Do~ Clerk; Mark Cook, Walter Jenkins, Fred.
Armstrong, Doug Annino
Shaun P. Burke, Director ofPlannin and Develo ment
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Motion: To appoint Mr. Annino Acting Chair (Dolan-Cook) All in favor PASSES
1.April 30, 2003 Minutes
Motion: To approve as submitted (Armstrong-Cook) All in favor. PASSES
[Mr. French arrived at this time]
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2. ZBA application for Variance -71 Campbell Street - 4.2.1, Sideyard Setback
Mr. Burke explained the distance to the rear lot line from the existing structure is
not shown, and there is no hardship shown. He recommended sending the ZBA a
negative recommendation. Mr. Annino said he was concerned about the precedent
this could set, saying there are no abutters shown, and the distance to the adjacent
house could be dangerously close. Mr. Dolan suggested applicants should supply
that type of information.
Motion: To send the ZBA a negative recommendation because there is significant
information missing from the site p~ such as the location of abutting houses, and
the board is concerned about how this would fit into the character of the
neighborhood (Dolan-Cook) All in favor. PASSES
The board discussed its frustration with incomplete applications, and whether the
members want to continue making recommendations on variance applications.
3. ZBA application for Variance - 1298 East Street - 4.2.1, Sideyard Setback
Mr. Burke said it was unclear whether the existing, non-conforming deck had
received a variance or a building permit. Mr. French said there is no hardship
shown.
Motion: To send the ZBA a negative recommendation because there is significant
information missing from the site p~ such as the location of abutting houses. The
board is concerned about how this would fit into the character of the neighborhood,
and whether there is a variance and a building permit for the existing deck, which is
non-conforming in the first place (Dolan-Armstrong) All in favor. PASSES
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4. ZBA application for Variance - 164 Fruit Street - 1.5.17, Frontage and Lot Width
Mr. Burke explained there is one existing home on Fruit Street; the applicant
wants to divide it into two lots, but one lacks sufficient frontage and area. Mr.
Burke said he would not encourage a positive recommendation to the ZBA. Mr.
Armstrong said he believes there is case law that does not allow this.
Motion: To send the ZBA a negative recommendation because there is no
hardship shown and the board believes there is case law preventing this
(Dolan-Cook) All in favor. PASSES
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5. ZBA application for Variance - 23 Northridge Road - 4.2.1, Sideyard Setback
The addition would result in a setback of 17.7 feet. Mr. Burke said there is no
hardship shown.
Motion: To send the ZBA a negative recommendation because there is no
hardship shown (Dolan-Armstrong) All in favor. PASSES
6. ZBA application for Variance - 18 Gale Lane - Frontage
The house is on a corner lot and the abutting properties are not shown. Mr. Burke
explained that on a comer lot, both sides have to meet the sideyard setback
requirements. Mr. Burke said there is no hardship shown and suggested a
negative recommendation. [Mr. Jenkins arrived at this time]
Motion: To send the ZBA a negative recommendation because there is no
hardship shown (Cook-Dolan) Five in favor. Jenkins abstained. PASSES
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7. Lennon Family LLC Subdivision Plans (Ware Street) to be signed
Motion: To sign the plans (Annino-Dolan) All in favor. PASSES
8. Letter from Michael McClanahan withdrawing South Meadow Estates from the
Annual Town Meeting warrant
9. Memo from John D' Agostino re: appointment of Nick Riccio as Building
Inspector
10. ZBA decision - 14 Jennifer Drive Granted (Negative recommendation)
11. April Building Permit summary
11. Meeting notices North Attleboro, Plainville, Sharon
12. TransReport newsletter
13. The Beacon
14. New England Planning newsletter
The clerk read the public hearing notice for a 611-space premium parking facility. Mr.
French informed the applicant that the board has only six members and asked if they
would like to continue. Mr. Montgomery said he would like to.
Mr. Burke explained three votes would be necessary: whether there have been
substantial changes; whether the board wants to hear the petition again; and whether the
board wants to issue the special permit.
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Richard Novak, Day Berry & Howard, explained the 611-space parking area is already
constructed and would be converted into a premium parking area The special permit
was denied in August 2002, when the board expressed concerns about traffic. Mr.
Novack explained the statute allows a repetitive petition for the same relief if there are
substantial changes in the facts. A traffic report done by Abend Associates has been
attached to the application.
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Mr. Norman Abend, Abend Associates, 265 Winn Street, Burlington, explained that
outside the site, nothing would change on the public way. There will be no change in
seating capacity, beginning or ending times, the number of concerts, or the number of
cars coming in and out. Internal changes will be made to the entrance to the lot; the
entrance is 1,300 feet from South Main Street; it will be a one-way in and one-way out
parking lot. There is a second entrance, which will be blocked with a cable and
bollards and will not be used. Currently, 1/3 of the traffic comes from the south and 2/3
from 495. There are three inbound lanes, with the right lane devoted to limos and VIP
cars, and which is a different lane than for this lot. Therefore, 2/3 of the cars will
already be in the left hand lane and Mr. Abend said he assumed that 15% of the drivers
will know they are headed into the VIP lot, so 75-80% of those cars will already be in
the correct lane.
Regarding safety, Mr. Abend said the cars would be traveling at low speeds in one
direction, and he does not expect any more traffic issues than currently exist. At the far
left of the main access road, there is a walkway used by patrons who parked elsewhere;
they will have to cross the premium parking lot entrance. Tweeter will post staff to
help those pedestrians cross safely.
Mr. Armstrong asked how the exit works. Mr. Abend said cars would take a right out
of the parking lot, then take a right to exit the site. The lot will be parked from back to
front by parking attendants.
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Mr. French asked how the premium parking would be done; Mr. Montgomery said
most premium parking passes would be pre-sold, but they would sell any extra spaces
on show nights. Mr. Montgomery said there is a designated lane to exit the lot, but the
cars would merge with the general traffic to the main entrance. Mr. Montgomery said
the back exit would not be used and would be chained off.
Mr. Annino asked about queing and tickets, and what it would do to the circulation.
Mr. Abend said there would be an impact on queing, but there would be a control
person at the entrance, and another person collecting the ticket or cash inside the lot.
Mr. Annino said that would be confusing. Mr. Montgomery said currently, there are
paid parking lots on Route 140 and the traffic does not back up. He said if there was an
issue inside the site, they could collect the ticket or money as the cars are parked. Ifthe
patrons changed their mind and didn't want to pay to park, they would be directed out
into the general traffic flow. Mr. Dolan said he was concerned about illegal parking;
Mr. Montgomery said they tow cars that park illegally or don't pay for parking.
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Mr. Annino said he was concerned about pedestrian safety. Mr. Montgomery said
there would be no change in pedestrian flow; the lot already exists. Mr. Annino said
there will be a change because there will be queing within this new lot. Mr. Novack
said changing this to a premium lot will not change that situation. Mr. Annino said
something else will be happening in this lot, so there will be a change. Mr.
Montgomery said every car coming into this site is directed to a specific space, which is
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how this lot was operated during the last season; the lot used the same entrance and exit
configuration.
Mr. Novack said Ptlm. Lawson had sent a memo expressing his reservations, and the
Chief of Police also sent a memo disagreeing with Ptlm. Lawson. Mr. Dolan said Ptlm.
Lawson deals with traffic issues daily; Mr. Montgomery said Ptlm. Lawson hasn't
worked traffic at this facility in years. Mr. Dolan said this is an approved parking lot,
already being used, and the only change will be the collection of money inside the lot.
Mr. Novack said the standard in the bylaw is that the benefits have to outweigh the
detriments, and he said he believes they carry that burden. He said the benefits will be
in license fees, satisfying market demand, and increased employment. He said there
had been some discussion about an increased burden on the ambulance service, which
they do not believe is the case. He presented a letter from Mr. Montgomery agreeing to
a $5,000 donation to the ambulance fund. Mr. French said the board would be willing
to consider this donation. Mr. Novack said they believe they meet the benefits
outweighing the detriments standard because the parking lot will operate in the same
manner it currently does, will help to empty the site faster, and will not place additional
burdens on town services. He said the proof of the traffic issues addresses the material
and substantial changes question.
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Department Bead Comment
Mr. Dolan read a statement from Mr. Armstrong indicating he has spoken with the
Ethics Commission and has no conflict of interest. Mr. Dolan read a 1989 letter from
Max Volterra explaining the repetitive petition process, as well as a letter from abutter
Helen Bielen indicating her support.
Mr. Dolan read memos from Mr. Lewis, Fire, Mr. Sullivan, Ptlm. Lawson, Chief
O'Neill, and Mr. Burke.
Public Comment
Leonard Flynn, Natural Resources Trust, abutters to the Tweeter Center, said this is a
pre-existing, non-conforming use, and he asked if it is appropriate for them to keep
applying for special permits and variances to increase a non-conforming use. He said
this plan doesn't seem to be a substantial change, as required by the repetitive petition.
He said the special permit requires there be a benefit to the town, and said he sees this
as a detriment, with the only benefit to the applicant. Mr. Flynn said this would
increase the complexity of traffic movements and would definitely slow traffic down.
He said the pedestrians going into the site would have to cross the entrance to the
premium lot, which will be a safety issue.
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Board Comment
Mr. Annino asked about the lighting. Mr. Montgomery said they have 30-foot poles,
which supply adequate lighting. Mr. Burke said the concern had been the effect on the
abutting properties in Norton, and care was taken to prevent spillover to those
properties. He said the lot is well lit.
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Mr. Burke said he had recommended the special permit be granted under the initial
petition in 2002. He said the repetitive petition requires three votes, and said he thought
the issues have been addressed. Mr. French said in the 2002 denial, the board felt the
benefits did not outweigh the detriments, and there were concerns about traffic; at that
time, there was no traffic study.
Mr. French asked how many spaces the facility has; Mr. Montgomery said this lot has
611 spaces; in all, there are 7,300 spaces at Tweeter. He said they have enough parking
for their purposes. Mr. French asked what would happen to the premium lot if only 200
cars park there. Mr. Montgomery said zoning requires one space per four patrons, and
they have over one space for every three patrons. He explained only 124 of these 611
spaces are counted toward the required number of parking spaces.
Mr. Dolan asked what the town would make for the new lot; Mr. Montgomery said the
license is $50 plus $6 per space, which works out to about $3,600 a year.
Mr. Flynn said the traffic outside the Tweeter Center has not been addressed; there are
four parking lots within 1300 feet of the entrance, and traffic is already complicated.
He said the applicant's story has been inconsistent because the parking was supposed to
have been included in the ticket prices.
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Mr. Novack said it is unlikely the premium spaces will be empty, but if they are, and
they need additional parking spaces for a concert, they will use those spaces. Mr.
Jenkins asked if other paid parking lots fill up; Mr. Montgomery said they usually do.
Mr. Burke suggested voting first on whether the information presented addressed the
reasons for denial with specific and material changes. He said this must be a super-
majority vote. Mr. Jenkins asked whether that means a member could agree the
information addresses the concerns, but could still be opposed to the concept. Mr.
Burke said that would be up to each board member.
Mr. Dolan said the last time the board heard this, the traffic report and the traffic
consultant were not available. He said he felt the traffic issues have been addressed so
as to result in a material and substantial change. Mr. Armstrong agreed.
Motion: To find that there have been specific and material changes to the petition
(Dolan-Armstrong)
Cook - In favor. The traffic study has covered the outstanding questions.
Jenkins - In favor. Additional information has been provided with the traffic study, the
detailed explanation of money collection, a better understanding of the ingress and
egress and how the site will work, and the fact that the lot was in operation and the
traffic flow worked last season
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Armstrong - In favor. With the new traffic information, as well as information about
the lOOney collection and traffic flow, the board can make its decision based on facts,.
Annino - Opposed. I was not at the initial hearing, but I don't see there has been a
change, and in fact think the traffic study has brought up new questions.
Dolan - In favor. The newly supplied information addresses the board's previous
concerns.
French - In favor. The traffic study provides additional information not given last time,
so there has been a change to the petition.
Five in favor. One opposed. PASSES
Question Two is whether the board is willing to hear the petition again.
Motion: To hear the petition again (Armstrong-Jenkins) All in favor. PASSES
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Question Three is wheth~r the board is willing to grant the permit.
Mr. Cook suggested filling the new lot from the proposed exit rather then the entrance,
which would give traffic more time to get into the correct lane. Mr. Montgomery said
the right lane is for limos, so general traffic has to use the two left lanes. Mr. Cook
said he wanted to be sure the Police Department is aware of the board's ability to
revoke the special permit.
Motion: To grant the permit. The lot is already in operation and this will not change
how it has already been functioning. The benefit is in the applicant's offer of a
donation to the ambulance fund. The following conditions will be made part of the
special permit:
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1. The lot shall be reviewed annually by the Police Department, and there shall be an
ongoing analysis ofthe traffic flow and an annual report will be provided;
2. Money will be collected inside the lot as far back as feasible given the traffic flow
and filling of lot. If queing becomes a problem, money will be collected after the
cars have been parked;
3. A staff person will be stationed at the entrance to the premium parking lot to
assist pedestrians crossing the entrance to that lot;
4. To the maximum feasible extent, premium parking tickets will be pre-sold; in the
event there is a traffic queing problem or a report from the Police Department
because of the premium parking lot cash handling operation, the board can revisit
he special permit;
5. If traffic is being backed up by the premium lot cash collection, entry to the lot
will be hahed;
6. The westerly most access to the lot will be the only exit;
(Dolan-Armstrong)
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Cook - In favor. The benefits outweigh the detriments.
Jenkins - In favor. The benefits outweigh the detriments and sufficient information
regarding parking has been provided.
Armstrong - In favor. The benefits outweigh the detriments, and the requirements of
section 5.5.6 have been met.
Annino - Opposed. I don't believe they have demonstrated that traffic problems will
not exist, and there is a potential for queing problems and pedestrian movement
problems.
Dolan - In favor. The benefits outweigh the detriments.
French - In favor. With the information in the traffic study and the conditions applied,
the benefits outweigh detriments.
Five in favor. One opposed. PASSES
Motion: To close public hearing (Dolan-Annino) All in favor. PASSES
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The clerk read the public hearing notice.
Ralph Maloon, RIM Engineering, showed the conventional and cluster subdivision plans,
which the board had seen as a preliminary plan. The cluster plan shows a roadway with a
large cul-de-sac, wetlands at the rear of the site, and building envelopes shown. Based on
the preliminary discussion, a common open space area with a school bus shelter and a
path through the common area are shown; Mr. Maloon said the path would start on an
easement over Lot 11. The envelopes will generally support 100 x 40 foot houses.
The soil testing has been done; groundwater is high in this area, and the roadway and
house areas will be are to be built up about three feet. The houses will be closer to the
street and more trees will be saved in the back.
The site is on gravity sewer, but the lots will be on grinder pumps. The land generally
slopes north to south, with an area off site that sheds through the site and is picked up in a
wetland pocket; during large storms it will overflow and continue downstream. Mr.
Maloon said there will be catch basins to pick up the surface water, but not pavement
water. The detention area has been kept as small as possible. The site is in the Canoe
River ACEC, and the sewer extension triggers a MEP A filing, which requires all roof
water to be placed in the ground. The existing trees will remain in the cul-de-sac island.
There will be a large four-bay drainage structure, and a wall proposed around the
detention area. A gravel road for maintenance will go through the island.
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The clerk read a memo from Town Counsel Robert Mangiaratti indicating the applicant
has the authority to file this application and advising the board the application should be
processed.
Randall Tatum, 385 Mill Street, said the applicant does not own the land or have a deed.
He said he is the executor of the land and is currently in Suffolk Superior Court on this
property. Mr. French said he understood this would be taken up in Land Court, but the
board is bound by what town counsel advises. Mr. Burke said Mr. Mangiaratti's opinion
is that the applicant has the right to move forward. He explained the board must hold a
public hearing within a certain time frame after the plan has been submitted; failure of the
board to take action will mean an automatic approval of this plan. Mr. Tatum said he has
an approved right-of-way on this site. He said there may have been an abutter who was
not notified; he said he would get Mr. Burke that party's name. Mr. Tatum presented a
document indicating this property has not been recorded, which will be added to the file.
Mr. Dolan read memos from the Fire Department, Mr. Gaffuey, Mr. Sullivan, and
Electric. Mr. Maloon said he would go over Mr. Sullivan's comments with him. Mr.
Maloon asked about the Water Department's comments, which requested the connection
be made to Cedar Ridge Lane. Mr. Maloon said he had originally spoken with Mr.
Gaffney about connecting through Mill Farm Estates, but he would rather loop the line on
itself.
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Public Comment
Linda Cotreau, 10 Mill Farm Drive, asked about the water tie in. Mr. Maloon explained
there would be a water main, which Mr. Gaffney has asked be tied into Cedar Ridge
instead of Mill Farm Estates. Mr. Maloon said he would prefer to loop the road around
itself. Mrs. Cotreau asked about the wildlife; Mr. Maloon said the cluster provides a lot
of open space. She said the animals would eat their landscaping.
Bob Haskitt, 6 Mill Farm Drive, asked how the woods would be effected by this plan.
Mr. Maloon explained the plans show building envelopes, and directly behind Mr.
Haskitt is a 60-foot no build zone, so any building would be 60 feet from the property
line. He said what the homeowner does with the land is another question and some of
that area may be cleared for lawns. fie said they have used no clear zones on other
projects.
Leonard Flynn, NRT, asked about the layout of the open space. He said he would rather
see the open space all one piece. Mr. Maloon said there are three open space areas, one
of which is leftover land and will house the bus shelter. He said that would remain with
the homeowner's association. Mr. Maloon said the land inside the cul-de-sac is also open
space; Mr. Flynn suggested that could be a house lot and one of the lots could be used as
open space. Mr. Flynn asked about the strip running from Mill Street; Mr. Maloon said
that cannot be connected to a lot, so it will be used as open space. Mr. Flynn said open
space should be used for water recharge and wildlife, so the parcel should be as large as
possible. He said the NRT had been approached about buying this land, but did not
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part of the original land; Mr. Maloon said that is part of the Jameson land, which was
purchased to increase the land area.
Bob Dighton, Red Mill Realty Trust, said the Jameson parcel open space was a right-of-
way out to Mill Street.
Mr. Burke said the question of whether the land in the cul-de-sac could be counted as
open space was a good one, and would check that. There have been other instances
where trees were left in the island and it was used as a drainage area.
Mr. Annino asked if there were any trails through this land; Mr. Flynn said they had no
plans for trails yet. Mr. Tatum said he objected to trails through this property. Mr.
Maloon said the trail goes from the subdivision property line to the NRT land.
Board Comment
Mr. Armstrong asked if hydrants had been located; Mr. Maloon said they had not been.
Mr. Annino said the concrete and guard rail bus shelterl would not be an attractive feature
at the entrance. Mr. Annino asked if sidewalks have been proposed; Mr. Maloon said
they had not. Mr. Annino suggested sidewalks may be more important than trails, since
the trails don't connect to anything. Mr. Annino asked about lighting; Mr. Maloon said
he intended a colonial style lamp at the end of each driveway; Mr. Annino said that
wouldn't work well, suggested there are alternate ways to do lighting, but suggested the
r lighting not be left up to the homeowners. Mr. Burke asked if this would be a public or
private way. Mr. Dighton said it would likely be a public way; Mr. Annino said in that
case, the town's standards should be used. Mr. Dolan said he would have a problem with
a 20-foot public way. Mr. Maloon said the plan was for 20 feet gutter to gutter. Mr.
Dighton said they would look into whether this would be public or private more
carefully. Mr. Dolan said if the applicant decides it will remain a private way, that
should be in the deed. Mr. Tatum said if a roadway is built, it should be adequately sized.
Mr. Annino asked about street trees; Mr. Maloon said they are shown on the plan. Mr.
Annino said he was concerned about the cul-de-sac; he said he doesn't like the idea of a
mulch bed, and didn't know how many trees could be saved if the retention basin were
being built there. He said he didn't like the access road cutting through the cul-de-sac, or
the concrete retaining wall around the basin, which could be a problem with maintenance
as well as aesthetics. He said he would like to see something more natural.
Mr. Jenkins said the entrance to the roadway could be adjusted, which would improve lot
1 and lot 11.
Mr. Annino said he didn't see the point of trails that don't tie into anything, and he would
rather see sidewalks and a safe way to get to Mill Street. Mr. Flynn said there is a plan
for a green belt around the Canoe River, but the land acquisition hasn't been completed,
so he would rather see this area left natural until the community develops a trail plan.
r Mr. Maloon said he would take the trail ofIthe plan.
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Mr. Annino said he would like to see the houses on the abutting properties to see how this
will affect them. Mr. Maloon said some of the houses on the abutting properties are
shown on the drainage plan, but that he would include the rest. Mr. Annino said he
would like to see a clearing limit line; Mr. Maloon suggested 30 feet.
Mr. Annino asked about a sign; Mr. Dighton said they would prepare that for the scenic
road public hearing. Mr. Annino suggested a stone walL Mr. Maloon said the existing
stone wall would be moved from Mill Street to the inside of the new roadway.
Mr. Dolan suggested the bus shelter could be removed. He said he was concerned about
whether the road would be private or public, and suggested the applicant decide that
question prior to the next meeting.
Mr. Burke suggested the applicant check with the Police and Fire Departments about the
street name issue, and asked if there would be any waiver requests. Mr. Maloon said
there would be, but they may depend on the public vs. private decision. Mr. Burke
suggested the waiver request be submitted as soon as possible. The scenic road public
hearing is scheduled for May 28.
Mr. Jenkins asked if the applicant would be building the homes. Mr. Dighton said his
son would be the builder. Mr. Jenkins said one of his concerns with a cluster
development is that the homes are very close together and if they were of a similar style,
(" that would help create a neighborhood environment. He suggested addressing things like
outbuildings, garages, setbacks and other items to help maintain the character of the
development. Mr. Dighton said he would consider those items, as well as restrictive
covenants.
Mr. Tatum presented additional legal documents for the file.
Mr. Burke suggested continuing the scenic road hearing and the public hearing,
scheduled for May 28, because Mr. French will be away that night, and the board is
already down to six members following Mr. Achille's election to the Board of Selectmen.
Mr. Dighton said June 11 would be acceptable to him.
Jocylen Infantino, 401 Mill Street, asked about the utility easement. Mr. Maloon
explained it would be for water and sewer. Mrs. Infantino asked if the easement is on her
side of the stone wall; Mr. Maloon said it was on the other side ofthat wall.
Motion: To continue the public hearing to June 11,2003 at 8:15 p.m.
(Dolan-Annino) All in favor. PASSES
Mr. Burke told the board about the lack of action at Kybren Circle. He said he would like
the board to ask the building inspector to take enforcement action, and to contact town
r counsel about enforcement.
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Motion: To send the developer a letter requesting a construction schedule within seven
days, and to copy the building inspector.
(Annino-Armstrong) All in favor. PASSES
Mr. Burke reminded the board about the Hatheway-Patterson reuse meeting at 7:30 p.rn.
on May 15, and about Town Meeting on May 20.
Mr. Burke told the board about Bert Cook's retirement party on June 13 at the Taunton
Holiday Inn. Mr. Annino suggested sending Mr. Cook a letter thanking him for his
service.
Mr. Dolan asked about the busses being parked in the lot next to RoJacks on Copeland
Drive. The landowner had met several times with the building inspector, who explained
what needed to be done under site plan, and which has not been done. The building
inspector has issued a cease and desist order. Mr. Burke said there may not be a legal
curb cut from that site.
Motion: To adjourn at 11:15p.rn. (Cook-Dolan) All in favor. PASSES
Date ext meeting: May 28, 2003 at 7:30 p.rn.
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Date of Approval
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