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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