HomeMy WebLinkAboutPlanning Brd Min_321994RECEIVED GELD
%, t AR 23 Pit 12: 26
PLANNING BOARD MINUTES
MARCH 2, 1994
PRESENT: Acting Chairman Sullivan, Acting Clerk Flynn
PLANNERS: Annino, Bonda
Shaun P. Burke, Director of Planning and Development
Motion: To appoint Planner Sullivan Acting Chairman
(Flynn - Bonda) All in favor. PASSES.
1. Meeting called to order at 7:35 P.M.
IUD
Sa_'- HRIATTS
2. Public Hearing - Planning Board Proposed Zoning Articles
Motion: To postpone the public hearing until after
correspondence has been read. (Flynn - Annino) All in
favor. PASSES.
3. Correspondence
Motion: To appoint Planner Flynn Acting Clerk
(Annino - Bonda) All in favor. PASSES.
1. Special Permit for City of Attleboro Wading River Pumping
Station Modification to be signed.
2. Memo from Bertram Cook, Inspector of Buildings, RE:
Screening and Buffering.
Motion: To send Mr. Cook a letter supporting the board's
original contention that the buffering and screening
was not intended to be in front, but in the side and
rear when the zone line is in the center of the public
way.
(Annino - Flynn) All in favor. PASSES.
3. Memo from William F. Williams, Town Manager, RE: Growth.
4. Zoning Board of Appeals variance application - Pietrafetta
Motion: To send the ZBA a negative recommendation because
there is no hardship to the land. (Flynn - Sullivan)
Two in favor, one opposed, one abstention. PASSES.
5. Minutes February 2, 1994.
Motion: To approve the minutes as written.
(Flynn - Bonda) All in favor. PASSES.
6. Minutes February 16, 1994.
Motion: To approve the minutes as written.
( Bonda- Annino) All in favor. PASSES.
3. Public Hearing Planning Board Proposed Zoning By -Law
Public Comment
Mr. Clemmey asked why, in Section 4.3.3B, the B -3 zone was
not exempt, as B -1 and B -2 are. He also said the board
should not be able to waive the landscaping regulations
because it would make development around town inconsistent.
He suggested removing Section 4.3.3A and 4.3.3B from the
proposal.
Board Comment
Acting Clerk Flynn said the landscaping waiver was included
to allow adequate, pre - existing landscaping to remain, rather
than having to remove it and replanting.
*The sixth article deals with Entrance /Exit Drive Widths and
Location. The proposal is aimed at making driveways safer
and giving them adequate site distance.
Public Comment
Mr. Clemmey said he thought this was a good idea.
*The seventh article deals with Waterbody Protection and
would replace the existing section with new text.
Mr. Burke said he thought it important to include the section
on using only contiguous land area to compute the minimum
buildable area.
Public Comment
Mr. Clemmey disagreed, saying the current setback
requirements are the best environmental tool the town has.
He said 4.8.2c should be put back into the proposal, and
paragraph d from the Wetland Protection District by -law
should be added as well.
Mr. Burke explained paragraph c is still in the proposal, but
was moved to 4.8A.2. Mr. Clemmey suggested adding the last
paragraph in Section 4.8A.2 as paragraph d to Section 4.8.2
and adding all of the business and industrial zones.
Mr. Burke explained that this proposal had come from the
Great Woods Land Use Study consultant and the board had
decided to put the business and industrial zones on its work
list until the impact on residential zones could be
determined.
'The eighth article deals with the Water supply Protection
District (Zone II) and would replace the entire section with
� new text.
" Staff Comments
In a.memorandum, Health Agent Scott Leite suggested several
changes to the proposal.
In Section 5,1.7, Mr. Leite was concerned with paragraph e,
subparagraphs 1 and 2. In 1, he asked if the Planning Board
planned to make the replacement or repair of ant system a the
by special permit. Mr. Burke said no
paragraph as it appears is unclear. In 2, Mr. Leite
suggested replacing "percable lots" with "lots suitable for
construction or subsurface sewage disposal system for the
entire site."
In paragraph h, Mr. Leite suggested adding a new section
detailing a more easily defined test.
In paragraph 1, he suggested making the containment
requirement 115 %.
Concerning paragraph p, he said the Board of Health has a
by -law banning the use of septic system cleaners, so there
is really no need for it here as well. Mr. Burke suggested
the board leave it in as a safety.
In Section 5.1.8, paragraphs b and c, Mr. Leite said
according to the state, the pesticide requirements don't
need to be in the town's by -law. He added that the Board of
Health has lost in litigation on this twice. Planner Annino
the
and Acting Clerk Flynn said they would Chairman leave Sullivan
pesticide requirements in. Acting
suggested finding a middle ground and asked Mr. Burke to get
a legal opinion.
*The ninth article has paragraphs A -E. A deals with all
principal buildings fronting on an accepted street. B
deals with one principal building being allowed on one lot. lot.
of
C deals with structure e definition buildings. of a E deals deals B
with mini um lot
land,
requirements.
Public Comment
Mr. Clemmey said concerning paragraph B, an owner should
get a tax break from the Board of Assessors if he cannot
use the entire lot. He said an owner should be able to put
as many buildings on a lot as will conform with zoning for
the area.
*The tenth article deals with allowing access to a lot from
any street abutting the l ot.
•Y
( Mr. Clemmey said this article is currently in litigation
and requested the board withdraw it until the litigation is
final. He said it was scheduled to go before the Zoning
Board of Appeals in March. He said he thought the front of
the lot should be the front of the house or business.
*The eleventh article deals with grandfathering for the
Industrial Park and Ware Street sidewalk acquisitions.
Mr. Burke explained that is the town takes an owner's land
to widen the street or add a sidewalk and the property
becomes nonconforming, it would be grandfathered.
Public Comment
Mr. Clemmey requested the board take the public comments
they have received on all of the zoning articles seriously.
Motion: To close the public hearing.
(Annino- Flynn) All in favor. PASSES.
4. Street Acceptance Policy Discussion
Mr. Burke said Chairman Madan had requested this discussion to
discuss the board's policy of accepting partial streets.
Since he was not at the meeting, Mr. Burke asked the other
board members to think about the policy and reschedule the
discussion for the next meeting.
5. Around the Table
Mr. Burke told the board he is presenting the proposed zoning
articles to the Board of Selectmen on March 16, 1994 at 7:50
P.M. and would be attending the Board of Selectmen's public
hearing on street acceptances March 30, 1994 at 7:50 P.M.
The board said it supported Mr. Burke's attendance at these
and other meetings and appreciated the extra time he puts in.
The board suggested appropriate compensation of time be
allowed.
Mrs. Flynn requested the board make time to discuss growth in
town soon.
6. Adjournment
Motion: To adjourn at 10:40 P.M.
(Flynn - Bonda) All in favor. PASSES.
Date of next meeting: March 16, 1994 at 7:30 P.M.
-%h , 16", 31>z ,/ I
Signaturd of Clerk Date of Approtval