HomeMy WebLinkAboutPlanning Brd Min_11201996PLANNING BOARD MINUTES "
November 20, 1996 96
PRESENT: Clerk Sullivan; Planners Dolan, Flynn, and McShajtei` _ � t
hUSET�s
Shaun P. Burke, Director of Planning and Development j � s s + h t
Chairman French and Planner Penney arrived after the start of the meeting.
Meeting called to order at 7:45 p.m.
Correspondence:
1. Minutes of October 30, 1996
Motion: To approve as presented.
(Dolan- McShane) All in favor. PASSES
2. Memo from Dan Clifford re: partial release of surety - Perkins Acres
Motion: To release $2,654.30, leaving a balance of $2,938.
(Flynn- McShane) All in favor. PASSES
3. Letter from Massapoag Realty Trust re: spelling of "Night/Knight Way" - Mr.
Burke explained that there is a disagreement about the actual recorded spelling of
the way vs. the "intended" spelling which has involved the developer, residents of
the street, the assessors' office and the fire and police departments. The Board
discussed the legality of changing the name of a street after a plan approved by
the Planning Board has been recorded at the Registry of Deeds.
Motion: To send a letter to the Board of Selectmen as Road
Commissioners with a copy to the Assessors, stating that the recorded
approved plan shows the street as "Night Way" and further that it is illegal
for anyone to tamper with an approved plan by changing the name of a
street without further approval and is in conflict with the authority of
the Planning Board.
(Flynn- McShane) All in favor. PASSES
8:05 p.m. Mr. Penney arrived.
4. Memo from Dan Clifford re: setting of surety for Shawmut Ridge
Motion: To set the surety amount at $17,248.
(Dolan- Flynn) All in favor. PASSES
5. Form J - Shawmut Ridge
Motion: To endorse the Form J release, but hold for certification until
the book and page number for the filing of the plan at the Registry of
Deeds has been filled in.
(Flynn - Dolan) All in favor. PASSES
6. Memo from Town Manager re: selection of Planning Board representatives to
serve on Capital Improvement Program Committee
The Board discussed the process used and the role played by the CIP.
Mr. Dolan and Mr. Penney agreed to serve as the Board's representatives
and Mrs. Flynn agreed to serve as alternate.
7. Memo from Dan Clifford re: partial release of surety - Bay Brook Farm Phase III
Motion: To release $11,062.00, leaving a balance of $10,302.00
(Dolan- Flynn) All in favor. PASSES
8. Memo from Dan Clifford re: partial release of surety - Bay Brook Farm Phase II
Motion: To release $3,271.25, leaving a balance of $5,541.43
(Flynn - Dolan) All in favor. PASSES
9. Memo from Dan Clifford re: partial release of surety - Stearns Hill Phase II
Motion: To release $9,675.00, leaving a balance of $36,341.15
(Flynn - Dolan) 4 -0 -1 with Mr. McShane abstaining. PASSES
10. Memo from Dan Clifford re: partial release of surety - Stearns Hill Phase I
Motion: To release $24,564.00, leaving a balance of $63,848.06
(Flynn - Dolan) 4 -0 -1 with Mr. McShane abstaining. PASSES
11. Letter from Shamrock Homes re: Keli Green waiver request
Motion: To grant the waiver and allow occupancy prior to the sidewalks
being at binder.
(Dolan - Flynn) 1 -3 -2 FAILS
8:30 p.m. - Mr. French arrived.
12. Memo from Dan Clifford re: partial release of surety - Carlton Estates
Motion: To release $7,780.00, leaving a balance of $60,722.85
(Flynn- French) All in favor. PASSES
13. Letter from Folkman & Zola re: request for reduction of retainage - Stearns Hill
Motion: To deny the request to reduce the surety contingency to 5% and
to keep the contingency at 10 %.
(McShane - Flynn) All in favor. PASSES
14. Letter from Hutchins/Trowbridge withdrawing without prejudice the Maple Hill
definitive plan modification
(Flynn- McShane) All in favor. PASSES
15. Memo re: preparation of Annual Report
Motion: To appoint Mrs. Flynn to provide the historical information
requested.
(French- McShane) All in favor. PASSES
16. Public Hearing Notice - North Attleboro ZBA
17. "Planning" magazine
18. The Beacon
19. New England Economic Indicators
20. New England Planning newsletter
21. "Inspector" Report
22. CUPR book catalog
23. Mass Development Finance Agency annual report
24. Copy of letter of thanks to Andrea Benda
25. Copy of letter to Kenneth Kreutziger re: Master Plan update
26. Copy of memo to Building Inspector re: Old Colony Site Plan
27. Letter from Sherwood Realty Trust re: Lot 2 Maple Streeet with response
28. Letter from Town Counsel re: Lot 16 Monahan Lane water easement relocation
29. Robyn Estates Default: Timeline, letter from Town Counsel to Town Treasurer,
Letter from Alexander Skene re: completion
30. ZBA Decision: Gerald St. Hilaire at 25 Bella Vista Avenue
31. Copies of letters to Planning Board applicants re: Selectmen interviews
32. Copy of letter from Attorney General's office re: adult entertainment by -law
approval
33. Copy of letter to abutting communities re: adult entertainment by -law
9:15 p.m. - Workshop Session
Retention/Detention Basins
The Board entered into discussion of amendments to the Subdivision Rules and
Regulations. The advisability of amending the requirements for retention /detention
basins was addressed, with the intent to take the burden off the taxpayers for maintenance
and to eliminate the concerns of abutters of retention /detention basins with regard to
landscaping and fencing. The consensus of the Board was that they are leaning in the
direction of such an amendment and discussion continued regarding drainage alternatives.
It was suggested that perhaps a variety of mechanisms could be offered and a ranking
system created with other standards established, resulting in a pass /fail system for
subdivision approval. Retention /detention would be a last resort and only with approval
of the Board. Mr. Penney suggested that Dan Clifford and Lee Azinheira be asked for
their input. He also suggested that the Board could limit the size and that a waiver only
be granted with documentation to show that the developer could not use any other
method to meet drainage requirements. Mr. Burke stated that a waiver is discretionary
and that establishing standards makes it a special permit, which could be judged as
arbitrary and capricious.
Motion: To eliminate retention /detention basins from the subdivision regulations
and for Mr. Burke to add alternatives, after talking with Don Schmidt about what
other towns do that don't allow them.
(Dolan- Flynn) All in favor. PASSES
Adult and Child Daycare
Mr. Burke advised the Board that our by -law deals with daycare for children and adults
collectively and that the statute deals with them individually. Daycare for children is
exempt from use regulations, while adult daycare is not. He suggested that the Board
either prepare an amendment to separate the uses or establish parking, screening and
buffering regulations. The suggestion was made that the two uses be separated and that
adult daycare be allowed with a special permit. Mr. McShane responded that he felt it
was discriminatory for adult daycare to have to go for a special permit.
Motion: To leave both uses together in the residential zone, but to establish
parking, screening and buffering regulations.
(Sullivan - Flynn) All in favor. PASSES
Time Litnitatiott for the '911&19 Qf Plans
The legal opinion previously received from Attorney Mark Bobrowski was reviewed.
Motion: To have Mr. Burke draft an amendment with a time limit of six months
for signing plans, with failure to do so resulting in an automatic recission.
(Dolan- McShane) All in favor. PASSES
Adjournment
Motion: To adjourn at 10:55 p.m.
(Penney - Dolan) All in favor. PASSES
Date of next meeting: December 4, 1996 at 7:30 p.m.
1 z
ignature of Clerk Date of Approval