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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