HomeMy WebLinkAboutmin of planning brd 2/19/19971 ECEWE[_l
PLANNING BOARD MINUTES TOW" CI FR I"' OFFICE
February 19, 1997
97 MAR 20 A11111:20
Present: Thomas French, Chairman; John Sullivan, Clerk; Planners Bernie Dolan
Thomas McShane and Ralph Penney. Also present was Shaun Burke, Dire cr�qSA' �CS IEL)
L0SET7S
Planning and Development.
Meeting called to order at 7:30 p.m.
Correspondence
1. Minutes of February 5, 1997
Mrs. Flynn had called in a request that the minutes be amended by adding that in
addition to her expression of concern over the screening of the dumpster, she also
voiced concern about increased traffic and noise and light going onto abutting
properties during the discussion regarding Wendy's.
Motion: To approve the Minutes of February 5, 1997 as amended.
(Sullivan - Dolan) 4 -0 -1 with Mr. Penney abstaining. PASSES
2. ZBA Recommendations
Diana Cole. 437 West Street - Appeal of the Decision of the Inspector of
Buildings wherein he issued an Order to Cease and Desist operations at an
auto repair and body shop business located in a detached garage to the rear of the
home located at 437 West Street, said activity being a non - permitted use in the
R -2 Zone. Shaun Burke suggested that a recommendation be sent upholding the
Building Inspector's decision.
Motion: That the alleged operation of an auto repair and body shop
business is a non - permitted use in an R -2 Zone and to support the
Decision of the Inspector of Buildings wherein he issued an Order to
Cease and Desist operations at that location,
(Sullivan - Dolan) 5 -0 PASSES
Michael Kelly, 17 Fruit Street - Finding to allow for the alteration (addition to
rear of existing garage) of a pre- existing, non - conforming residential structure
located at 17 Fruit Street in the R -2 Zone. Mr. Burke stated that the plan does not
show the distance to the property line at the rear corner of the proposed
addition. He sugge�icd that a positive recommendation be forwarded to the Z3A,
provided there is no further encroachment. Mr. Sullivan pointed out that the
application indicates in No. 8 that no new non - conformity is being created.
Motion: To send a positive recommendation to the ZBA based on item 8
of the application in which the applicant states that no additional non-
conformity will be created by the proposed addition.
(Sullivan - Dolan) 5 -0 PASSES
Charles Campbell Oak Street - Variance to allow for a residential lot near
136 Oak Street with less than the required frontage and lot width. Mr. Burke
suggested that a negative recommendation be sent to the ZBA since the lot
was non - conforming when it was created and two such increases in frontage
requirements have rendered it even more non - conforming that it was originally.
Motion: To send a negative recommendation to the ZBA.
(Dolan - Penney) 5 -0 PASSES
John Srarpyllini Clinton Street - Variance to allow for a residential lot on
Clinton Street with less than the required frontage and lot width. Mr. Burke
suggested a negative recommendation be sent to the ZBA.
Motion: To send a negative recommendation to the ZBA.
(Penney- McShane) 5 -0 PASSES
Donald P echer. Old Country Store on Otis Street - Special Permit to expand
and extend a pre- existing non - conforming use. Review of the plan showed that
the proposal is to add a porch and handicapped access to same. Mr. Burke
suggested a positive recommendation. Board members discussed parking lot
markings, vehicle traffic and pedestrian safety.
Motion: To send a positive recommendation to the ZBA with the
suggestion that adequate markings be done to to make motorists aware
of pedestrian traffic and the handicap ramp.
(Penney- Sullivan) 5 -0 PASSES
Mayhew Farm Public Hearing
The hearing was opened at 8:00 p.m. with Mr. Sullivan reading the hearing notice which
had been duly advertised. Michael Trowbridge, representing the applicant, asked that the
hearing be continued until a later date due to the fact that there were only five members of
the Planning Board present and he preferred to wait until there is a full board.
Motion: To grant a continuance until March 19, 1997 at 8:00 p.m. and to accept
the applicant's request to extend the decision deadline.
(Sullivan- Dolan) 5 -0 PASSES
Although the public hearing was recessed and continued to March 19th, the applicant and
engineer volunteered to make an informal presentation to the residents of the area who
had come out for the hearing. A number of concerns were expressed by various residents
regarding drainage, flooding, water run -off. The question of sight distance was also
raised and whether clearing would be necessary. The applicant was also asked if the bus
stop could located in an off - the -road pulloff area due to the perceived dangers already
existing with school buses being stopped on a heavily traveled road and the resulting
traffic backup.
Mr. Penney thanked the applicant and engineer for hearing the residents' concerns and
encouraged the applicant to be creative in addressing the issues of surface water runoff
and line of sight. He also suggested that a turn-off for the school bus would be a good
thing.
Mr. Trowbridge stated that they would be filing for a notice of intent with the
Conservation Commission, but don't usually do that until they have something concrete
to present.
2
Mr. Dolan questioned the traffic counts given for School Street and asked when they had
been done. Mr. Sullivan stated that additional drainage documents had been submitted
which contain "pre and post" drainage maps.
The board was advised that Karl Clemmey had asked for a postponement of his
presentation of a Cobb Street subdivision plan which had been scheduled for 8:30 p.m.
Correspondence (continued)
3. Copy of letter to Zoning Board of Appeals re: advising applicants of Planning Board
review and recommendation process
4. Copy of letter to Mr. DeMartino re: Hodges Brook Estates
5. Copy of letter to ZBA re: Wendy's Special Permit
6. Building Department Permit Report for January 1997
7. Public Hearing Notice - Norton Planning Board
8. Public Hearing Notice - Attleboro ZBA
9. Public Hearing Notice - Attleboro Planning Board
10. Public Hearing Notice - Foxboro ZBA
11. Taunton Registry of Deeds Newsletter
12. SRPEDD meeting announcement
13. SRPEDD Regional Review
14. APA "Citizens & Planning"
15. Dept. of Housing & Community Development Notice of Funding Availability
16. Access - New England ADA Technical Assistance Center
17. Planning magazine
18. Citizen Planner Training Collaborative training schedule
19. Memo from Dan Clifford re: partial release of surety - Massapoag Estates
Bond A - Patty's Road: $1,275. requested - Remaining Balance $15,748.55
Bond B - Elyse Road: $1,275. requested - Remaining Balance $20,182.67
Bond D - Patty's Road & Elyse Road: $4,400. requested - $46,535.57 remaining
Motion: To release the funds as requested.
(Sullivan- Penney) 5 -0 PASSES
20. Memo to Town Manager re: filing fees
Mr. Burke advised the board that the Board of Selectmen has asked for direction
on filing fees and that the Finance Cuiumittee has asked that we raise filing fees
and separate industrial and commercial from residential. This recommendation
would give them direction until the matter is fully resolved. Mr. Sullivan
responded that he is concerned that there would be three different categories for
fees which may not all be changed when the regular subdivision fees are changed..
Mr. Burke explained that the Board of Selectmen sets special permit fees and
Planning Board does subdivision rules and regulations. Discussion continued
regarding the purpose for the various fee structures.
21. Letter from Robert J. DeMartino re: Hodges Brook Estates update
22. ZBA Decisions
Robert Mitchell - 20 Hemlock Lane: Variance denied - Planning Board
recommendation was negative
Town of Mansfield - Town Hall Sim: Variance granted - Planning Board
recommendation was positive
23. Copy of letter to Town Counsel from Town Manager re: Trader Realty Trust, Tara
Estates, Lot 16 - Mr. Burke brought board members up to date on what is
happening and advised them that no action was required on their part and that
the letter was included in correspondence for their information
24. SRPEDD meeting notice - Regional Information Systems Committee
Leonard Flynn of Jewell Street reported that he had attended the meeting and
advised the board that the MBTA is still studying the rail situation. He
asked about the Ditchman proposal for Mansfield and was told that it is under
consideration and is still being negotiated, but that the present proposal is not
realistic to the MBTA from a financial standpoint.
25. GIS Day at the State House notice
26. MAPD meeting notice
27. Memo to Town Manager from Andy Gazzolo of the Finance Committee re:
secretarial overtime with response to Town Manger from Shaun Burke.
Mr. Burke and board members discussed the Finance Committee's position
on "scheduled" overtime and what it consists of in relation to the Planning
Board.
Around the Table
The agenda for upcoming meetings was discussed and the secretary was requested to send
board members a calendar indicating all the upcoming meetings involving the
participation of Planning Board members.
In discussing the upcoming public hearing on the proposed by -law amendments for the
March 10th Special Town Meeting, Mr. Sullivan requested that Mr. Devine, the
petitioner, be sent a copy of Town Counsel's opinion on the proposed by -laws.
Mr. Penney and Mr. Dolan reported on the activities of the Capital Improvements
Program Committee, of which they are Planning Board representatives.
Adjournment
Motion: To adjourn at W0 45 p.m.
(Sullivan- Penney) 5 -0 PASSES
Date of nerd meeting: March 19, 1997 at 7:30 p.m.
Signature of Clerk
Date of Approval