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HomeMy WebLinkAboutPlanning Brd Min_10301996PLANNING BOARD MINUTES ^ i ` ' 1 ' LU October 30, 1996 95 NOV 2 i AFI 9: 33 PRESENT: Clerk Sullivan; Planners Dolan, Flynn and Penney .; `. _ . I -iU Shaun P. Burke, Director of Planning and Development 1 AS HUSL- TTS Motion: To appoint Mr. Sullivan Acting Chairman until the arrival of Mr. French and Mrs. Flynn Acting Clerk. (Dolan- Penney) All in favor. PASSES 1. Meeting called to order at 7:37 p.m. 2. Site Plan Discussion - Francis Avenue: Paul Folkman/Ralph Maloon Mr. Maloon presented the revised site plan, pointing out to the Board that he has changed the parking to 60 degree diagonal. As a result, two spaces were lost; however, they were still two spaces above the requirement. The revised plan shows twenty -nine spaces and a one -way travel lane. Handicapped parking was not revised. He also explained the revisions to the landscaping plan, made at Mr. Folkman's request, which now has plantings in clusters. (Planner McShane arrived - 7:40 p.m.) Mr. Penney asked if the intent of the plantings was a visual barrier for the houses across the street. Mr. Maloon stated that it is actually industrial directly across the street, with residential some distance down. Motion: To send the Building Inspector a favorable recommendation, along with all the comments which were read at the last meeting. (Flynn - Dolan) 4 -0 -1 with Mr. McShane abstaining. PASSES 3. Shawmut Avenue Extension Discussion Mrs. Flynn read a letter from Stanley Feck regarding Mr. Clifford's suggestion of using Cape Cod berm in the cul -de -sac instead of sloped granite curbing, with the cost savings being used to repave a 70 foot section of Shawmut Avenue. Mr. Burke advised the Board that he had also received a call from a resident who expressed concern about the sidewalks proposed and objected to the disturbance it would cause to the landscaping in the neighborhood. The plan was reviewed, with attention given to the area of suggested repaving, the width of the right -of- way, and the location and number of houses involved. Mr. Sullivan asked if there was a possibility of the right -of -way going out to Hope Street. Mr. Feck replied that it would not be extended since he only has an easement over that property and does not own the land. Mr. and Mrs. Tim Abbott of 127 Shawmut Avenue presented a petition signed by their neighbors stating that it is the consensus of all who signed that "it is unnecessary, unsightly, and potentially damaging to properties to have a sidewalk constructed on Shawmut Avenue extension." They further stated that "it will invite increased foot traffic from Hope Street which would cut across private property." Mr. Abbott stated that their yards are already very small and putting in the sidewalks would make them even smaller. Mr. Sullivan asked what the Town would be getting in exchange for not putting in the sidewalks. Mr. Feck said that he installed the water main and took it out to Hope Street. Board members commented that they understood the plight of the abutters, but voiced concern about waiving the required sidewalks since it is their belief that all streets should have sidewalks. Various options were discussed, including moving the sidewalk to the opposite side of Shawmut Avenue, decreasing the width of the sidewalk, and the possibility of a meandering sidewalk. Mr. Sullivan said that he agreed with the requirement for sidewalks, but had walked through that neighborhood over the weekend and there was very little traffic on the back roads, despite the volume of traffic in the general area. He was not sure that the installation of a sidewalk on Shawmut Avenue Extension would be of that much benefit to the area. Mrs. Flynn questioned what would happen when there was a turnover in the neighborhood and the new residents were looking for their sidewalks. She commented that waiving the sidewalk requirement goes against everything the Board has tried to do. (8:15 p.m. - Mr. French arrived and assumed the responsibility of Chairman, with Mr. Sullivan resuming the Clerk's position.) Discussion continued regarding the possibility of waiving the sidewalk on Shawmut Avenue Extension in exchange for putting in a sidewalk at another location where it might be more needed. The possibility of Mr. Feck making a donation to the sidewalk fund was also considered. Mr. McShane suggested that perhaps the residents who are using the right of way as part of their yard would also be willing to consider making a donation to the Town sidewalk fund. Motion: To waive the required sidewalk on Shawmut Avenue Extension with the developer contributing an amount of equal or greater value to the Town sidewalk fund to be used at a location to be determined by Dan Clifford. (Dolan- French) 3 -3 with Dolan, French and Sullivan in favor and Flynn, McShane and Penney opposed. FAILS Motion: To have Dan Clifford and Shaun Burke meet with the neighbors and developer and work out a compromise, perhaps putting the sidewalk on the north side of the street. (McShane- Penney) 3 -3 with Flynn, McShane and Penney in favor and Dolan, French and Sullivan opposed. FAILS The Board decided at this point to address the curbing /paving issue. Motion: To waive the requirement for sloped granite and in place install two monolithic Cape Cod berms and, after installation of the sewer line, repaving 70 feet back from the cul -de -sac as determined by Mr. Clifford. (Penney - Flynn) All in favor. PASSES Returning to the attempt to resolve the sidewalk issue, Motion: To eliminate the sidewalk on Shawmut Avenue Extension and to install it instead on Brook Street to fill in the missing sections of sidewalk at Dan Clifford's disrection. (Sullivan - Flynn) 4 -1 -1 with Penney opposed and McShane abstaining. PASSES 4. Correspondence 1. Minutes of October 2, 1996 Motion: To approve as amended at last meeting. (Penney - Sullivan) 3 -0 -2 with Flynn and French abstaining. PASSES 2. Minutes of October 16, 1996 - page 2, #32, Mrs. Flynn also stated that she thought the 10% contingency should be retained as required by the Subdivision Rules and Regulations. On page 3, clarification was requested on the last paragraph with an amendment that the water policy was the Road Commissioners' policy banning street cuts for tie -ins for five years following the paving of a street. It was also suggested, with regard to the delineation of wetlands, that the developer stated that some sections flagged as wetlands do not appear to be. On page 6, Form A Plan, Mrs. Flynn requested an amendment to read, "Mrs. Flynn signed the plan in en-or after abstaining on the vote..." Mr. Penney requested that on page 2, #11, the word "Rotundo" be deleted. Motion: To approve the minutes as amended. (Penney- Flynn) 5 -0 -1 with McShane abstaining. PASSES 3. ZBA Applications: Christine higlese for a Variance at 44 Shields Street Motion: To send a negative recommendation because the deck increases the non - conformity of the sideyard. (Dolan - Sullivan) All in favor. PASSES Michael Bolea for a Finding at 136 Church Sheet Motion: To send a positive recommendation. (Sullivan- Penney) All in favor. PASSES Thomas Flaherly fora Finding W384 Central Street Motion: To send a letter advising the ZBA that they were unable to make a recommendation due to the lack of information presented. (Sullivan - Flynn) All in favor. PASSES 4. Request or partial release of surety - Perkins Acres: Motion: To approve the release of $3,407.70, leaving a balance of $5,592.30 (Sullivan - Flynn) All in favor. PASSES 5. Copy of letter of resignation to Board of Selectmen from Andrea Benda. 6. Letter from Herbert Fuller re: Tara II completion with response from Shaun Burke. 7. Memo from Dan Clifford re: Necco Road and Serena Allen Way with response from Shaun Burke. 8. Public Hearing Notice - Attleboro ZBA 9. Public Hearing Notice - Foxboro Planning Board 10. Public Hearing Notice - Easton ZBA 11. Public Hearing Notice - North Attleboro Planning Board 12. Public Hearing Notices - Easton ZBA 13. Newsletter of Mass Interchange 14. Request for partial release of surety - Cedar Ridge - with recommendation from Dan Clifford Motion: To release $30,000 leaving a balance of $27,000. (Sullivan- Flynn) All in favor. PASSES 15. Request for partial release of surety - Carlton Estates - with recommendation from Dan Clifford Motion: To release $50,510, leaving a balance of $68,502.85 (Sullivan- Dolan) All in favor. PASSES 16. Memo from Dan Clifford re: Cedar Ridge subdivision road completion Motion: To accept Mr. Clifford's recommendation of extending the completion date to no later than June 1, 1997. (Flynn - Sullivan) All in favor. PASSES 17. Memo from Dan Clifford re: Carlton Estates road completion Mr. Burke explained that there are 5 lots still under construction and that heavy equipment is still coming in and that under the circumstances, it doesn't make sense to top it now. Motion: To accept Mr. Clifford's recommendation of extending the completion date to no later than June 1, 1997. (French - Sullivan) All in favor. PASSES 18. ZBA Decision - Paul Jodice for Dave Knight, 11 Green Acres Drive. Granted 4 -1; Planning Board recommendation: positive, 3 -2 19. Invitation to the dedication of the West Mansfield Fire Station, Saturday, November 9th at 10:00 a.m. 20. Copy of letter of thanks to Andrea Bonda from Board of Selectmen 21. Letter from Town Counsel re: Robyn Estates default meeting 5. Around the Table Mrs. Flynn requested that Master Plan meetings be listed on the Planning Board's Pending Business List. Mr. McShane inquired about the status of Old Colony Motors and whether they were adhering to the site plan. Mr. Burke said that there was a difference of opinion between Mr. Sarro and the Building Inspector as to what had to be done on the site due to a plan other than the site plan which was presented to the ZBA for the Special Permit granted. Motion: To send a letter to the Building Inspector with a copy to the ZBA inquiring about the status of site improvements required on the site plan, including landscaping and lighting, and to request a response in writing. (McShane - Flynn) All in favor. PASSES The request to reduce the contingency held for Massapoag Estates was discussed. Mr. Burke reported that the grass was growing in the retention area. Mr. McShane inquired as to what the developer had done to take care of the problems on the private lots and Mr. Burke reported that some of the residents don't want the developer to come onto their property. Motion: To deny the request to reduce the contingency to 5% and to maintain the 10% standard contingency required under the Subdivision Rules and Regulations. (Sullivan - Flynn) All in favor. PASSES Due to the lateness of the hour, Mr. French suggested that the scheduled work session be postponed to another date. The Board discussed the difficulty of finding the time necessary to get in a work session within a regular meeting and that scheduling additional meetings was not a realistic solution with Master Plan meetings going on during the same time period. Mr. French suggested that he would like to work on an antenna by -law amendment, as well as landscaping and screening requirements for parking lots. Mr. Penney suggested density regarding cluster development and that he would like to see concrete sidewalks required. It was decided that a work session would be scheduled at the beginning of the November 20th meeting from 7:30 to 10:00, and that any other business would be taken care of at the conclusion of the work session. 6. Adjournment Motion: To adjourn at 10:36 p.m. (Dolan- Penney) All in favor. PASSES Date of next meeting: November 6, 1996 at 7:30 p.m. S nature of Clerk Date of Approval