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HomeMy WebLinkAboutPlanning brd min_1021996PLANNING BOARD MINUT . S October 2, 1996 1 E L 9 PRESENT: Planners Bonda, Dolan, McShane and Penney 93 OCT 3 ► ('i, 2: $3 Shaun P. Burke, Director of Planning and Development iiASSAC ;U_LTTS Motion: To appoint Mrs. Bonda Acting Chairman until the arrival of Mr. French and Mr. McShane Acting Clerk in the absence of Mr. Sullivan. (Dolan- Penney) All in favor. PASSES 1. Meeting called to order at 7:55 P.M. 2. Public Comment 1. Residents of Massapoag Estates (Charles and Bernadette Geiss of 50 Elyse Road and Jerry Gong of 21 Donald Allen Drive) were present to discuss the situation of glass in the loam used on their property and in the drainage area. Mrs. Geiss spoke for the group, stating they would like the loam removed and new loam brought in. She said they were concerned about what's under the topsoil and what else will come up. Mr. Burke reported that a certified letter was sent to the developer and, although no response with a written proposal has been received, Mr. Bonvie was in and said that his solution would be to remove the remaining glass by hand and cover the area with three inches of loam and re -seed. It was explained that the town has no control over individual lots, but it does over the easement and that when it is time to make a recommendation for street acceptance, the drainage area would have to be considered. Board members were in agreement that Mr. Bonvie's verbal proposal was not acceptable and that they would not support street acceptance unless the drainage area issue was resolved in a satisfactory manner. Board members expressed concern that there may not be enough surety left to cover the cost of remedial action and were assured that there was approximately $150,000 remaining, which should be more than sufficient. The Board also questioned whether or not Mr. Bonvie had made any offers regarding the private lots and felt that he should be encouraged to do so. Motion: To direct the developer to remove and replace the loam in the drainage area and to consider taking care of the private lots at the same time. (Dolan- McShane) All in favor (4 -0) PASSES 3. Correspondence 1. Letter from Hutchinsfrrowbridge Associates regarding Keli Green Subdivision Profile Revisions - Mr. Burke explained that the issue came about when they were grubbing in the road and that the revisions were the result of changes in the Title 5 requirements. The proposed road profile would be about 1.5 feet lower and the excess material to be removed would stay on site to be used as fill in the cul -de -sac area and lots where various amounts of fill will be needed. Other changes involved the elimination of a large poured -in -place concrete wall with a stone and earthen wing wall and stabilization of the slope. Mr. Penney questioned the wisdom of going with wood rather than galvanized guardrails from the standpoint of longevity and maintenance. Paul Folkman responded that it was a proposal based on aesthetics and their desire to retain a rustic look. Mr. Penney asked if the Subdivision Rules and Regulations cover guardrails and was told that they do not presently do so. He suggested that they might consider brown galvanized. Mr. McShane stated that he would prefer wood to metal. He also questioned whether there would be changes in the drainage calcula- tions and was told by Mr. Folkman that they would be minuscule. Motion: To approve the proposed road grade revisions. (Dolan- Penney) 3 -0 -1 (McShane abstaining) PASSES Mr. Folkman suggested that they postpone the guardrail issue but the revision to use riprap around the retaining wall would be helpful. Motion: To accept the proposed revision to use riprap to replace the cast -in -place concrete wall with stone and remove the old retaining wall. (Dolan- Penney) 3 -0 -1 (McShane abstaining) PASSES 2. George Fram Estates - Revisions to Definitive Plan: Mr. Burke pointed out the changes that were made. Mr. Penney checked to see that all the concerns he had were addressed and was satisfied that they were. He also asked when the area of land being donated to the town would be deeded over and was told that it would take place after the release from covenant. Motion: To sign the Fram Estate plan as revised. (Dolan- McShane) All in favor (4 -0) PASSES Mr. French arrived at 8:30 p.m. and Mrs. Bonda stepped down as Acting Chairman. 3. Minutes of September 18, 1996 - Mr. Penney questioned if the amounts of surety requested to be released should be put in the minutes on page 2, item 22. He also noted that action on George Fram Estates was tabled to October 2, 1996, not October 8th as written. Mr. Dolan noted that his report of suggestions made in jest at the Master Plan Committee meeting should not be part of the minutes. Motion: To approve the minutes as amended. (McShane - Dolan) 4 -0 -1, Penney abstaining. PASSES 7 4. Letter from Karl Clemmey requesting interpretation of Zoning By -Law re: bulk storage - The Board agreed with Town Counsel that there is nothing in Section 6.2 that states that bulk storage is an allowable use in the B -3 zone. Mr. Burke explained that if Mr. Clemmey does not like the decision of the Building Inspector /Zoning Enforcement Officer, there is an appeals process in place. Motion: To send a letter to Karl Clemmey advising him that the Board reviewed his letter and agrees with Town Counsel and further advising him of the appeal process and/or the process of having the By amended at Town Meeting. (Penney - Bonda) All in favor. PASSES 5. Letter Burke dv sed the Board that htas spoken t Dan Clifford, Way Subdivision Inspector, and that Mr. Clifford is in the process of doing a preliminary accounting and expects to have a final total in two weeks. 6. Letter from Attorney Cerrone re: Tara Estates - Lot 16 - Mr. Burke ement explained that the relocation t from cul-de-sac t would ul de saoa The for the water system by g Water Department was asked to identify the mains and draw a line between them and that the end result of relocating the easement would be a Form A Plan. Mr. French asked if relocation of the easement would result in the developer getting two lots out of it. Mr. Penney stated that he would like to see the road go through. 7. ZBA Decisions ranted 419 South Main Street - Finding g 19 Noonan Street - Variance granted 40 Lantern Lane - Variance granted Mr. Dolan questioned the ZBA's decisions and how they could state that their decision does not nullify the intent of the Zoning By -Law. Mr. Burke explained that they are using boilerplate language to state the three statutory findings which must be made and that they aren't explaining the reason for their decisions. He cited the old St. Mary's variance to allow for the conversion of the ranted agaon, apartments which was granted, appealed, remanded, g appealed again and eventually overturned. He explained that while most Zoning Boards use the boilerplate explanations, it makes a decision easily overturned if the reasons for granting are not stated. 8. Copy of letter from Building Inspector to Superintendent of Schools re: High School fuel storage tank - Mr. McShane stated that he is concerned about the retraction by the Building Inspector of his previous decision 3 and requested an explanation. Mr. Burke explained that although he would personally testify that the tank is in the Zone II based on visual analysis, the location of the tank was outside the line on the Zone II map. The Building Inspector's retraction was based on the DEP's letter stating that the location is not within Zone II and Town Counsel's opinion that it is outside Zone II as shown on the map. Mr. McShane stated that it is his belief that town officials have a higher responsibility to show due diligence in upholding the law and that the School Depart- ment should be concerned with putting their fuel storage tank in the middle of an aquifer. Mr. Penney questioned the reasoning for going with an underground tank and the belief of the Board was that the decision was based on cost and the fear of vandalism. Mr. Penney responded that a convault system would be indestructible and that the cost of an underground tank will be even greater if they install it below groundwater. Motion: To send a letter to Dr. Nicoletti stating that the Planning Board is disappointed with their decision to put an underground fuel storage tank at the High School and that, as public officials, the School Department has a higher level of responsibility than a private developer and that they should be seeking other alternatives instead of going with an ambiguous line on a map to locate the tank. (McShane - Bonda) Amendment to Motion: To also send a copy of the letter to each School Committee member and to the Water Commissioners. ( Bonda- Dolan) All in favor. PASSES 9. Copy of memo from Shaun Burke re: Master Plan Update 10. Copy of memo from Shaun Burke re: Master Plan Committee request for support services 11. Public Hearing Notices -Easton ZBA 12. Public Hearing Notice - Attleboro ZBA 13. Public Hearing Notice - Attleboro Planning Board 14. Public Hearing Notice - Attleboro ZBA 15. Public Hearing Notice - North Attleboro ZBA 16. Special Permit Decision Notice - Norton Planning Board 17. Public Hearing Notice - Attleboro Municipal Council 18. Journal of the American Planning Association 19. Municipal Report 20. Zoning Board of Appeals Applications 25 Rvlta Vista e y nu - request for a finding to allow for an alteration (deck addition) of a pre- existing, non - conforming single family structure in the R -3 Zone. Mr. Burke suggested the Board give a positive recommendation. Motion: To send the ZBA a positive recommendation (Penney- McShane) All in favor. PASSES 4 44 Shields Street - request for a finding to allow for the alteration of a pre- existing, non - conforming single family structure in the R -2 Zone. Mr. Burke suggested that a positive recommendation could be made for the addition, but that the deck encroaches on the setback requirement. Motion: To send the ZBA a negative recommendation because the deck does not conform to the zoning requirements. (Dolan - Bonda) All in favor. PASSES 447 West Street - request for a variance from Section 1.5.17a to allow for a lot with less than the required lot width in the R -2 Zone. Mr. Burke suggested the Board send a negative recommendation since the appli- cant created the hardship himself when he subdivided the land. Motion: To send the ZBA a negative recommendation with a copy of the plan, pointing out that the plan was approved based on the existing dwelling being moved and that Lot 1 was identified as non - buildable. (McShane- Penney) All in favor. PASSES 21. Memo from Dan Clifford re: recommendation that surety be set at $95,000 for Mill Farm Drive. Motion: To approve the amount of surety at $95,000 for Mill Farm Dr. (Bonda - Dolan) All in favor. PASSES 22. Memo from Dan Clifford re: recommendation for partial release of surety in the amount of $37,351 for Fawn Lane, leaving a balance of $6,745. Motion: To approve recommended partial release of surety as requested. (Penney- McShane) All in favor. PASSES 23. Memo from Dan Clifford re: recommendation for partial release of surety in the amount of $54,000 for Plowshare Court, leaving a balance of $8,800. Motion: To approve recommended partial release of surety as requested. (Bonda - Penney) All in favor. PASSES 24. Survey from DEP re: Ten Mile River Watershed - Mr. Burke to complete and provide Board members with copy. 25. Cobbler's Corner - Form J and request that surety be set in the amount of $33,000. Motion: To approve the Form J and accept the recommendation for surety. (Dolan- Penney) All in favor. PASSES 26. Taunton River Watershed Alliance: request for letter of support Motion: To have Mr. Burke send a favorable response to their request for support. (McShane- Penney) All in favor. PASSES 27. Letter from Folkman & Zola Builders re: status update of Sturbridge Estates fall roadway construction 28. Letter from SRPEDD re: transportation enhancement activity projects i 4. Form A (ANR) Plans . on Ware Street filed y 1. A plan for 2 lots contaning 120,182 sq. Stephen Benoit. Mr. Burke recommended endorsement. Motion: To endorse the Form A. (Dolan - Bonda) All in favor. PASSES 5. Around the Table date at the next meeting Mr. Penney asked that Mr. Sullivan v with the Selectmen at which Mr. Sullivan on the Wastewater Workshop by Carol? Dresser er & McKee ecommented and that it didn't tell us anything we don't re read the report by Camp, ested that it was time to begin putting together already know. He also sugg ations for a list of items for amendment roFrench Subdivision sponded t at an ate mpt had been e it the Annual Town Meeting made over the summer months hat pe hapsswe could set aside an evening for impossible. He suggested this purpose. Mr. Penney suggested that sections be delegated to each member for review. Mr. French said that we could take two or three issues and concentrate on them at the next meeting. October Mr. Burke stated that when it might be possible to the 30th will be an extra Wednesday do this. hf r MreBurke requested to v and schedulingioritized items to the next meeting Mr. Dolan asked if we could do a salt policy as part of the Subdivision Rules and Regulations and was advised that the Selectmen are doing a policy on that issue. law Mr. Penney suggested that we send a copy of our adult entertainment by to abutting towns, explaining our thought process in the setback requirement from the town line of abutting towns, and asking them to consider such a setback in their requirements. Mr. Burke was nd vi will get one. GIS maps are available which also have land that new use on them Mr. Penney advised the Board that his firm, Penney Engineering, is involved with a 21E property assessment for Folkman & Zola. He does not see any conflict of interest at this point; however, he wanted to disclose the fact to the Board. growth management by -law to the Master Plan he B ard. advised the Board that she had received a memorandum from the Town Manager referring the g r eoce end by the r Board of Selectmen from result of a letter om Paul Folkman Mr. McShane stated that he has a conflict with the October 16, 1996 scheduled meeting and will not be able to attend. 6. Adjournment Motion: To adjourn at 10:20 p.m. (Dolan- Penney) All in favor. PASSES Date of next meeting: October 16, 1996 at 7:30 p.m. Lea o_9G Signature of Clerk Date of Approval