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Home My WebLink AboutPlanning Brd Min_841993MINUTES August 4, 1993 PRESENT: Chairman Madan, Acting Clerk Cadden PLANNERS: Annino, Caponigro, Flynn, Sullivan Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. MOTION: Planner Cadden to be Acting Clerk. (Sullivan - Flynn) All in Favor. PASSES. 2. Workshop to Discuss Recommendations of the Great Woods Land Use Study Consultants During the workshop, the Planning Board took a consensus on several of the recommendations of the consultants as to whether or not to include in a public hearing. The consensus results were as follows: Proposed Article II of Mark Bobrowski's Recommendations: Item 1 - Deletion of words from the first sentence of section 6.2.2.c in the Zoning By -Law Consensus - To include in a Public Hearing. Item 2 - Addition of a sentence to Section 6.2.2.c in the Zoning By -Law regarding elimination of use variances in residential districts The Planning Board discussed this recommendation at length. The main concern expressed was if the Board's intent is to not allow use variances for residential uses in residential zones and if they really want to take that component allowing flexibility out of the Zoning By -Law. Planner Flynn suggested that the use variances be allowed in residential districts but only for residential uses, not industrial or business uses. Consensus Chairman Madan - In favor of allowing use variances in residential zones only for residential uses. Planner Annino - In favor of not allowing use variances in residential zones. Planner Sullivan - Like it the way it is. Acting Clerk Cadden - Not in favor of the recommendation. Planner Caponigro - Not in favor of the recommendation. Item 3 - Delete Sections 5.5.6, 5.5.6.1, 5.5.6.2, 5.5.6.3, and 5.5.6.4 regarding special permits in the Zoning By -Law and replace with new sections Following a discussion of the proposed new sections, the Planning Board took a consensus which resulted in four members in favor of the recommendation, one member in favor of the existing by -laws, and one member remaining neutral. Items 4, 5, & 6 Deletion of Section 6.2.2.b Special Permits, 6.2.2.d Findings, and Section 3.10 Non - Conforming Uses and Structures of the Zoning,By -Law and replacing with new sections recommended by the Land Use Consultant Shaun Burke, Director of Planning and Development, stated that the proposed changes in Items 4, 5, and 6 would bring the Zoning By -Law closer to the way Chapter 40A is and case law. 3. 8:00 P.M. - Appletree Estates - Continued Public Hearing Request from the applicant to continue the public hearing. MOTION: To continue the public hearing to August 18, 1993 at 7:45 P.M. with a final action date of September 1, 1993. (Flynn - Sullivan) All in favor. PASSES. 4. Great Woods Land Use Study Workshop Continued Item 5 - Deletion of 6.2.2.d Findings of the Zoning By -Law and replacing with new section Chairman Madan stated that he feels that there should be a mechanism to deal with pre- existing non - conforming business uses also. Consensus: The Planning Board was unanimously in favor of requesting Town Counsel to look into allowing findings for pre- existing business uses also. Item 4 - Deletion of Section 6.2.2.b Special Permits and Substitute it with a new paragraph Concensus: The Plannign Board was unanimously in favor of inlcuding the proposed revision to Section 6.2.2.b in a public hearing. Items 6 Deletion of Section 3.10 Non - Conforming Uses and Structures of the Zoning By -Law and replacing with a new section Shaun Burke, Director of Planning and Development, stated that this proposed amendment addresses the statute as it is today and would clarify when the Zoning Board would grant variances and special permits. Chairman Madan expressed concern regarding the first sentence in the proposed Section 3.10.1 and suggested that maybe it should be in the "Statement of Purpose" instead. Shaun Burke, Director of Planning and Development, stated that he would like to discuss the proposed revisions to this section with Mark Bobrowski, Land Use Study Consultant, before going any further with the proposed amendments in "Item 6 ". Proposed Article I of Mark Bobrowski's, Land Use Study Consulant, Recommendations Item 1 Delete Section 4.8 in its Entirety and Substitute with a new Section Consensus: After a discussion of the proposed amendments to Section 4.8 to Section 4.8.2.b the Planning Board took a consensus Correspondence Memorandum from Dan Clifford, Subdivision Inspector, to Shaun Burke, Director of Planning and Development recommending that surety be set at $193,281 for the Eastleigh Estates Phase II subdivision MOTION: To set the surety at $193,281. (Flynn - Cadden) All in favor. PASSES. Subdivision Bond for Eastleigh Estates in the amount of $200,000 with Revisions Marked in Ink on the Bond and Form J Release for 53 -67 and 78 -80 MOTION: To accept the amount of the bond at $200,000 subject to receiving the actual bond and it being reviewed by the Town Planner and Planning Board Chairman and it being consistent with the draft. (Caponigro- Sullivan) (4 -1) Acting Clerk Cadden Opposed. PASSES. MOTION: To approve the Form J and sign it Planning Director and Planning receiving the bond and reviewing it. (Caponigro - Cadden) (4 -0 -1) Acting Abstains. PASSES. subject to the Board Chairman Clerk Cadden Recommendation from Dan Clifford, Subdivision Inspector, and request from Shamrock Realty Trust to release $4,665 for the Shamrock Estates subdivision MOTION: To release the above amount. (Cadden- Flynn) All in favor. PASSES. Letter from Richard Morse to the Planning Board requesting a refund of filing fees he paid for the "Elms" subdivision, which was denied by the Planning Board Following a discussion of the above request with Mr. Morse concerning the filing fee paid and the amount of the fee which had already been utilized due to plan reviews, court fees, etc., the Planning Board took a consensus to request the Planning Director put together a breakdown of the filing fee and the amount already used. Letter from the Massachusetts Audubon Society to the Executive Office of Environmental Affairs regarding the Saybrook Farm subdivision Letter from Folkman & Zola Builders to Bertram Cook regarding the Statement of Facts for the Proposed Soccer Field on South Main Street and Reservoir Street Memorandum to Robert Swanson, Town Engineer; Shaun Burke, Director of Planning and Development; and Richard Lewis, Environmental and Conservation Planner, regarding Bird Road Memorandum from Richard Lewis, Environmental and Conservation Planner, to William Williams, Town Manager, regarding Bird Road Memorandum to William Williams, Town Manager, from Shaun P. Burke, Director of Planning and Development, regarding Bird Road Memorandum from Shaun P. Burke, Director of Planning and Development, to all developers regarding the street acceptance process Letter from Doug Annino to Joesph Pasquale, Chairman, Board of Selectmen, regarding the Sports Facility at Reservoir and South Main Streets Letter to Ralph Penney from the Planning Board regarding a time to discuss abandoning or closing a portion of Old Maple Street Letter to Aldo Paglia from the Planning Board regarding the Massapoag Estates subdivision Letter to Robert Swanson, Town Engineer /DPW Director, regarding the Williams Street Bridge Letter from Folkman and Zola Builders, Inc. to peter DeGirolamo regarding the Sturbridge Estates subdivision Memorandum from William Williams, Town Manager, to the Planning Board requesting input on a gift of land from Mrs. Edith Alfieri MOTION: Not to accept the gift. (Cadden - Flynn) (2 -2) Acting Clerk Cadden and Planner Sullivan In Favor. MOTION: To accept the gift. (Cadden - Caponigro) Planners Flynn and Caponigro In Favor. Planner �lynn (of+ _the Zoning Board of Appeals Recommendations: William Beardsworth - 27 Columbine Road MOTION: To send a favorable recommendation to the Zoning Board of Appeals. (Caponigro - Sullivan) (2 -2) Planners Sullivan and Caponigro In Favor. Francis McMillan - 295 School Street MOTION: To send a favorable recommendation to the Zoning ( Board of Appeals. (Cadden- Caponigro) (2 -2) Planners Sullivan and Madan Opposed. David and Beverly O'Connell - 12 Surrey Drive MOTION: If the information on the application is correct, the applicant does not need a variance (if the house was constructed before 1973). (Caponigro - Sullivan) All in favor. PASSES. Building Construction for July HDR Housing Development Reporter 1992 Mass Housing Report SRPEDD Transportation Plan Notice for Landlines 1993 -94 Land Policy Forum for Planning Officials Public Hearing Notices for: Attleboro, No. Attleboro, and Norton Federal Grant Alert Notice JTPG Meeting Notice Resources and Environment 6. form A (ANR) Plans Paul Boyden - Howe Street MOTION: To sign the plan. (Caponigro- Cadden) All in favor. PASSES. Exclusive Realty Trust - East Street MOTION: To sign the plan. (Cadden - Caponigro) All in favor. PASSES. 7. Vickery Estates Mylars and Covenant MOTION: To sign the plan. (Cadden - Caponigro) All in favor. PASSES. 8. Public Discussion Karl Clemmey thanked the Planning Board for a vote they took on a proposed corridor overlay district, 9. Adjournment Cl rk's Signature Date of Approval