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HomeMy WebLinkAboutmin of planning brd 12/17/97PLANNING BOARD MINUTES December 17, 1997 Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk, Bernie Dolan; Scott Frank; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development. Meeting Called to Order at 7:40 p.m. �i�rCQSpPrld�nCE • Minutes of December 3, 1997. Motion: To approve as presented. (Sullivan- Torman) 3 -0 -1 with Mr. Dolan abstaining and Mr. Frank not present. PASSES • Letter from Representative Kevin PO(rier re: Legislative Wrap -Up for 1997 Board members requested that a letter be sent to Rep. Poirier thanking him for keeping us informed. Also requested that we forward a copy to Leslie Pasch, Library Director, for their information. • Public Hearing Notices (2) - Attleboro Planning Board ( • Public Hearing Notice - Foxboro ZBA • Notice of Decision - Foxboro ZBA • Public Hearing Notices - Sharon ZBA • Community Revitalization Training Center • Preservation Advocate • Tischler & Associates, Inc. Fiscal & Economic Newsletter • Planning magazine • SRPEDD Regional Review • Weston & Sampson "Inspector" newsletter • Request for partial release of surety - Sturbridge Estates - and recommendation from Dan Clifford Motion: To release $12,723.48, leaving a balance of $91,548.35 which includes the 10% contingency. (Sullivan- Dolan) 4 -0 with Mr. Frank not present. PASSES • Request for partial release of surety - Balcom Ridge III - and recommendation from Dan Clifford Motion: To release $14,122.00, leaving a balance of $13,000.00 which represents the 10% contingency (Sullivan - Torman) 4 -0 with Mr. Frank not present. PASSES • ZBA Application of Domenic and Patricia Sionne for a Variance from Section 4.2.1 for sideyard setback at 36 Monahan Lane in an R -I Zone Mr. Burke advised the Board that the variance request is the result of a foundation as -built being done for an addition being constructed. When the instrument survey was done, it was discovered that the foundation had been placed too close to the 1 Minutes of December 17, 1997 lot line and the applicant stopped construction. He suggested a positive recommendation be sent to the Zoning Board of Appeals. Motion: To send a positive recommendation to the ZBA, noting that their recommendation is made based on the fact that the applicant stopped construction as soon as he observed the problem instead of continuing and then coming in for a variance. (Dolan - Torman) 4 -0 with Mr. Frank not present. PASSES • Letter of December 12, 1997 from Karl Clemmey requesting a zoning opinion Board members discussed that it is the Building Inspector as Zoning Enforcement Officer who makes zoning interpretations, not the Planning Board. Motion: To send a letter to Mr. Clemmey advising him that Mr. Cook is the person to give the opinion for the reasons stated. (Sullivan- French) 4 -0 with Mr. Frank not present. PASSES • Letter of December 5, 1997 from Karl Clemmey regarding the Planning Board's signing of the ANR Plan for the Great Woods (Great Waves) property Mr. French advised the Board that he has talked with Town Counsel Bob Mangiaratti, who advised him that the Board's only statutory responsibility in signing a Form A Plan is the determination that the plan conforms to zoning and does not require approval under subdivision control law. The Board was therefore correct in endorsing the plan. Gvrttrxue� �'ubhe )1%arng far �tt?stdentta+�amgound xt �SSasE Street Mr. Sullivan re- opened the continued public hearing at 8:00 p.m. and read the following correspondence received since the last session of the public hearing: • Letter of November 24, 1997 from the applicant's attorney, John H. Miclrelmore • Letter of December 17, 1997 from Town Counsel Robert Mangiaratti Ralph Maloon, engineer for the applicant, advised the Board that there was a problem with Attorney Michelmore's letter in that he had overlooked the lot width requirement when opining on the matter. He went on to explain that he had done a sketch, showing that a subdivision could be worked on the property if some waivers were granted. Discussion followed regarding various ways the proposal could be done and what waivers would be necessary. Determination was made that all plans and proposals for the property would have to be acted on simultaneously, and that one project would not be given approval contingent on the second project being done later. Applicant Philip Eramo noted that they have not had sufficient time since receiving the latest information to make any decisions as to how they wish to proceed. Various options were discussed and suggestions made to reduce the number of waivers which would be necessary. Mr. Burke suggested that the applicant request a continuance to allow themselves time to explore their options. Mr. French advised the applicant that the Board considers the benefit to the Town when deciding to grant waivers, and that they should keep that in mind when determining what waivers they will be requesting. 2 Minutes of December 17, 1997 Motion: To continue the public hearing to February 4, 1998 at 8:00 p.m. (Sullivan - Torman) 5 -0 PASSES Around the 3'aixte Mr. Burke advised the Board that the Charter Review Commission is considering a change in the composition of the Planning Board, reducing it from seven full members to five full members and two alternates. Discussion followed regarding the number of members and the length of appointed term. Board members were in agreement that seven full members were necessary to best conduct the business of the Planning Board. After discussing term length, consensus was reached that three -year terms would be better than the current five, in light of the difficulty encountered in conducting Planning Board business when people need to resign due to changing job and family responsibilities. Mr. Burke was asked to send the Charter Review Commission a letter on their behalf in support of maintaining seven full members and reducing the appointed term to three years. .on the 1'tz[alzc 1 tear txg far Bird Road i�eszds nt aT Manx `tend Mr. Sullivan re- opened the continued public hearing at 8:30 p.m., reading the following correspondence received since the last session: Request for continuance • Letter of November 10, 1997 from Michael Perrault regarding sight distances • Letter of November 12, 1997 from Lee Azinheria verifying sight distance calculations • Letter of December 9, 1997 to Michael Perrault regarding follow -up to information requested Mr. Sullivan also noted that the Board is in receipt of the Master Declaration of Reservations and Restrictions and that a draft decision has been prepared for their review. Mr. Burke advised the Board that at the conclusion of the last session of the public hearing, the only open items were verification of sight distance and the homeowners' association documents, both of which have now been provided. Board members discussed Mr. Perrault's sight distance calculations, along with their meaning and how the measurements were taken. Mr. Perrault explained that the road is cross - sloped, with no crown on it. Motion: To approve the Special Permit under Subdivision Control Law with the following conditions: 1. The applicant shall sawcut Bird Road pavement and blend the common drive to finish grade on Bird Road 2. No drainage from the site shall enter onto any public way. 3. A street sign clearly showing the house numbers of the homes within the residential compound shall be placed in plain view at the beginning of the common drive. 4. The common driveway shall be posted as a "private driveway" and a note to that effect 3 Minutes of December 17, 1997 should be added to the plan. 5. The owners of the residential compound shall adequately maintain the common driveway to provide for public safety access at all times. 6. The footprint size of the houses within the residential compound shall not exceed the sizes shown on the plan. 7. No dumpsters or outside storage of trash shall be allowed in the residential compound and a note to that effect shall be added to the plan. 8. All areas shown on the plan as open space shall remain in their natural state in perpetuity. 9. Clear cutting of trees and/or erection of buildings in areas designated as open space is expressly prohibited. 10. Screening of existing houses be maintained. i 1. Improvements shall be maintained by the Homeowners' Association within the sight distance easement and a permanent easement shall be given to the Town. 12. The legal instrument establishing a homeowners' association be incorporated in the Special Permit by reference and recorded with same. 13. Vehicle access to open space shall be restricted by landscaping and planting. 14. Parcel B drainage area to be incorporated in open space with a stormwater easement given to the Town. 15. No additional development or new lots shall be created within the approved residential compound beyond that which is shown on the Residential Compound plan dated February 3, 1997, prepared by PMP Associates, last revised November 12, 1997, consisting of six (6) sheets. 16. The following conditions will apply to any and all blasting operations necessary in conjunction with this project: a.) all owners of structures and wells within a 300 foot radius of all blast areas will be contacted to offer these owners pre -blast surveys b.) written proof will be provided to the Fire Department that those structures were surveyed or that the owners declined to have the surveys conducted. c.) the following will be provided to the Fire Department: • current Massachusetts State Blasting Bond in the amount of $20,000.00 backed up by a $2,000,000.00 Liability Insurance Policy • current Massachusetts Blasting License for all personnel conducting blasting operations on site • current Massachusetts Explosives User Certificate • Blast Plan detailing drillhole configuration and explosive charge size and weight d.) At all times blasting operations are being conducted, a paid representative of the Fire Department will be on site. e.) All blasts must be monitored by a seismograph that measure ground vibration to ensure that ground vibrations are kept within safe limits. 17. Open space restrictions will be written on the plan. Motion: (Sullivan - Dolan) PASSES 5 -0 for the following reasons: 4 Minutes of December 17, 1997 Mr. Sullivan: In favor because a residential compound is more in keeping with the preferred use of the land in this area. Mr. Dolan: In favor for the same reason. It also saves the Town money because the road is privately maintained and there is less green space being used. Mr. Frank: In favor because it's the least intrusive way to develop the property and keeps within the intent of the regulations. Dr. Torman: In favor because it is the best use of the land for the previously stated reasons. Mr. French: In favor for the same reasons and it's the best decision considering the characteristics of the land. Motion: To close the public hearing. (Sullivan- Dolan) 5 -0 PASSES The meeting re- convened following a five minute recess. Kati Ciettrnteg. and at haute 1'$Q1Wsst;treet Mr. Burke noted that the parcel is located in a mixed use area and that the adjacent land is zoned I -1. He noted that rezoning the parcel to I -3 could be considered "spot zoning." Mr. Dolan said that it makes more sense to him to extend the I -1 zone than to rezone to I- 3 between the R -2 and I -1 zones currently there. Mr. Burke reminded Mr. Clemmey that back when the 1988 Master Plan was studying the area, the recommendation was made to create a new district in that area, noting that it was an area in transition. At that time the neighbors came out strongly opposed to the rezoning. Mr. Burke noted that, as a planner, he was surprised by the reaction, pointing out that it made more sense to him to change the zoning district on a large scale rather than rezone parcel by parcel. Mr. Clemmey advised the Board that he will be coming before them sometime after the first of the year regarding his property on Copeland Drive. 5 Minutes of December 17, 1997 Mr. Clemmey asked the Board if they had discussed changing their meeting night as he had requested. Some members expressed that they have no problem doing so, but the obstacle appears to be meeting space. Mr. Clemmey asked if the Board had taken any action on his letter to Mr. Cook regarding a zoning opinion and stated that ]re is looking for the Planning Board's opinion on the matter. Mr. Burke pointed out that the Building Inspector makes those determinations because you need one person to interpret the facts and that, because he and the Board do not have all the facts regarding the situation, the Planning Board is not in a position to make a fully informed opinion. Mr. Dolan noted that in Rep. Kevin Poirier's update there were funds available for various projects. He asked that the Town Manager's office be contacted to be sure they had received a copy of the update. He also requested that a copy be forwarded to the Library Director for their reference. Motion: To adjourn at 9:45 p.m. (Dolan- Frank) 5 -0 PASSES gnature of Clerk iYe f Met'W .11anNM 1938 at T 3IT p m 4 /V_ 21� Date of Approval Minutes of December 17, 1997