HomeMy WebLinkAboutmin of planning brd 2/5/1997PLANNING BOARD MINUTES 'tGE1VEt7
February 5, 1997
91 FEB 21 AM 3; 41
Present: Thomas French, Chairman; John Sullivan, Clerk; Planners Bernie Dolan
Duane Frederick, and Marydee Flynn. Thomas McShane arrived after tne's(a f TS
meeting. Also present was Shaun Burke, Director of Planning and Im e-4 -b
Meeting called to order at 7:30 p.m.
Andy Gazollo, Chairman of the Finance Committee, was present to discuss procedures
for the Special Town Meeting which it is expected the Board of Selectmen will call as the
result of a citizen petition filed January 22, 1997, for the purpose of amending the Zoning
By -Law relative to a building cap and to adult entertainment. The wording of the
amendments was briefly discussed as to their content and whether they appear to be in
conflict with any state laws. Also discussed was the procedure and timing in calling a
special town meeting, the public hearing advertising requirements, amendments allowed
on the floor of town meeting, and review of any adopted by -law by the Attorney General.
Motion: To ask Town Counsel to review the articles as submitted by citizen's petition
for compliance with enabling legislation and to identify if any such areas of non-
compliance can be handled on the floor of Town Meeting without changing the article
substantially and to ask if the proponent is able to withdraw his articles prior to the
scheduled Town Meeting, with the request that Town Counsel respond within five (5)
working days in order that hearing and advertising deadlines can be met.
(Sullivan - Flynn) 5 -0 PASSES
Correspondence
1. Minutes of January 22, 1997
Motion: To approve as presented. (Sullivan - Dolan) 5 -0 PASSES
2. Letter from DeJonco re: progress made at Hodges Brook Estates
3. Letter from Timothy D. Higgins, Foxboro Town Planner, re: adult entertainment by-
law
4. Memo from Richard Lewis re: George Fram Estates Open Space
5. Copy of Planning Board Decision - Hodges Brook Estates
6. Public Hearing Notice - Attleboro ZBA
7. Notices (3)of Variance Approvals/Denial - Easton ZBA
8. Public Hearing Notice - Attleboro Municipal Council
9. Public Hearing Notice - Attleboro Planning Board
10. Public Hearing Notice - North Attleboro Planning Board
11. Public Hearing Notice - Norton Planning Board
12. Public Hearing Notice - North Attleboro ZBA
13. Public Hearing Notice - Attleboro Municipal Council
14. MDDC & ArcMASS Legislative Reception Invitation
15. New England Planning, February 1997 issue
16. Committee to Save Somerset Trees invitation
Correspondence (Continued)
17. McCormack Institute Update
18. Bruce Campbell & Associates Newsletter
19. Mass. Affordable Housing web site announcement
20. Mass. Forest Stewardship Program small grants announcement
21. Inspector Report of Weston & Sampson Engineers, Inc.
22. Effective Zoning Administration Techniques seminar announcement
23. The Beacon
24. Letter from RIM re: drainage modification at Steams Hill Estates - Lot 143 Colonial
Drive - Mr. Burke explained that the request was to add a catchbasin. There are
presently three catchbasins tying into an existing manhole. On the original plan
we didn't want a catchbasin fifteen feet onto private property that we would have
to maintain and at the time we weren't able to come up with a reasonable
alternative. The Board expressed concern that there is not much detail given and
members thought we might be creating a river running through the property if
everything gets diverted. Mr. Sullivan suggested that Ralph Maloon give the
Town Engineer additional information and get a recommendation from Mr.
Azinheira.
Motion: To have the Town Engineer review the plan and the private property
grading plan that shows adjacent house lots in the area, defining the flow
pattern for final build -out.
(Sullivan - Dolan) 5 -0 PASSES
25. Form A Plan for Liberty Street - this plan was previously endorsed by the Planning
Board in September of 1996 but there was a title problem discovered at closing
and a line on the southwest corner of the parcel had to be moved slightly to
correct it. Mr. Burke said that both lots conform to zoning and recommended
endorsement of the plan.
Motion: To re -sign the Form A as requested.
(Dolan- Flynn) 5 -0 PASSES
26. Letter from DeJonco re: pouring of V -Notch wall at Hodges Brook Estates
Motion: To send a letter thanking them for taking care of this and reminding
them of their commitment to remove the construction equipment from
the site, if they have not already done so.
(Sullivan - Dolan) 5 -0 PASSES
Wendy's • Copeland Drive
At 8:10 p.m. Bill Lorigan of Moeser & Associates introduced himself and others
representing Wendy's in various capacities and stated they were there because of the
Planning Board's negative recommendation to the ZBA regarding Wendy's special
permit request for alterations at their Copeland Drive site. The main areas of concern
which were addressed included the addition of parking spaces at the front of the property
close to the entrance and the double width drive - through/travel lane abutting neighboring
properties. Wendy's representatives explained their attempt to improve traffic flow by
getting traffic off the street and into the lot. Board members also pointed out their
concerns about the opening in the drive - through lane creating a hazardous condition with
people cutting through a lane of stopped traffic and entering a lane of moving traffic.
Wendy's representatives said that they need to keep the opening for deliveries and snow
removal. Various options were discussed, including putting a removable chain across the
opening, the installation of speed bumps to slow traffic down when entering the travel
lane, and the installation of stop signs in.the drive-through/travel lanes at the opening. In
addressing the concern of increased noise and traffic close to residential abutters,
Wendy's offered to put up an attractive eight foot wooden fence for screening and noise
reduction. They also stated that their employees now wear headsets and that the volume
on the outside speakers has now been reduced to a point where it is barely audible on the
opposite side of the fence. Mr. Frederick stated that he believes the two parking spaces in
the front are too close to the street and that a green area would look much better.
Required number of parking spaces was discussed and Wendy's suggested that perhaps
the front spaces could be designated for employee parking to eliminate the safety concern
of cars backing out into traffic. Mrs. Flynn expressed concern about the issue of noise
and traffic, lights on neighbors' property and the need for screening the trash containers.
Karl Clemmey, an abutter to the property, stated that there were only five abutters who
showed up at the Zoning Board hearing and suggested that the Planning Board forward a
strongly worded positive recommendation to the ZBA since Wendy's is operating by
right at that location.
The discussion concluded at 8:50 p.m.
Motion: That the Planning Board recognizes the overriding concern of public safety
concerning traffic along Copeland Drive and appreciates Wendy's willingness
to meet with them to review alternatives to their proposal and work out
solutions to everyone's satisfaction. The Planning Board further moves to send a
positive recommendation to the ZBA based on the following:
1. Wendy's agrees to replace the chainlink fence along the Henry Street
side of the property with an 8 foot high solid wood fence.
2. To provide an 8 foot high wooden enclosure around the dumpsters,
with the details to be worked out with the Planning Director.
3. To extend the stop line across the two lanes of traffic (Item 18 on
plan dated 10/24/96)
4. To add speed bumps across the through area which intersects with the
queue lane
5. Entrance to be one -way with appropriate signage
6. First parking space in front on north side of building to be replaced
with a curbed, landscaped area and tied into the other proposed
landscaped area in front of the building
7. Eliminate the striped area to the south of this area and replace with
a curbed, landscaped area forming a "T" shaped green area in
front of the restaurant
(Sullivan - Flynn) 5 -0 PASSES
Public Comment
Richard Devine discussed his citizen's petition for a Special Town Meeting to act on
proposed amendments to the Zoning By -Law. Mr. French advised him that we plan to
ask Town Counsel to review his proposals.
Karl Clemmey addressed the Board regarding notification of individuals applying for
relief before the Zoning Board of Appeals. It was his opinion that such individuals
should be notified that the Planning Board would be reviewing their application and
making a recommendation to the Zoning Board of Appeals. It was noted that the
Planning Board is not conducting a public hearing on ZBA applications -- simply
reviewing the application and making the required recommendation to the ZBA.
Motion: To send a letter to the Zoning Board of Appeals advising them that it
has come to the attention of the Planning Board that a number of people
are not aware that ZBA applications are sent to us for review and
recommendation and requesting that the ZBA consider adding a statement
on their application form advising the applicant that the ZBA will be
seeking a recommendation from the Planning Board on the application.
(Sullivan- Frederick) 6 -0 PASSES
Around the Table
Mrs. Flynn asked why Karl Clemmey had requested a postponement of his scheduled
meeting with the Planning Board regarding Cobb Street. Mr. Burke advised her that the
engineer was not ready with the proposed plan and that they have requested to be on the
agenda for February 19, 1997.
Mr. Burke provided the board members with a list of the five zoning by -law amendments
for which space has been reserved on the warrant for the Annual Town Meeting. He
briefly reviewed the direction each article is heading and stated that final wording is
needed by February 28, 1997. Mr. Burke and Kenneth Kreutziger, Master Plan
Consultant, are working on the proposed amendments and expect to have them to the
Planning Board for review in the next ten days. With regard to the proposed antenna by-
law, Mr. French suggested that the Planning Board write a letter to the Town Manager,
detailing the importance of the by -law and the fact that this by -law was defeated by only
a narrow margin at the September, 1996, Special Town Meeting. The letter should
further emphasize the necessity of obtaining a two - thirds vote for adoption and request
that the by -law amendments be placed on the warrant immediately following the
Selectmen's articles. Mr. Burke and Mr. French will get together to write the letter.
Mr. Sullivan pointed out that his name does not appear as a member of the Master Plan
Committee in the newly completed Master Plan. Mr. Burke apologized for the omission
and assured him that it would be corrected. Board members also suggested that Mr.
Frederick be identified on the Master Plan Committee list as a member of ZBA/Planning
Board, since he was the ZBA representative to the Master Plan Committee for the
majority of the time the plan was being written.
Mr. Dolan reported that he is finding his role as a Planning Board representative on the
Capital Improvements Program Committee very interesting and gave a brief report of the
last CIP meeting.
Mr. Sullivan suggested that the Board may want to take a look at offering a density bonus
in the Reservoir District when tying into to public sewer, much like that offered in the
R -1 Zone.
Mr. McShane apologized for his recent absence from meetings due to moving into their
new residence.
Mr. Dolan and Mr. Frederick both reported that they have visited the site of.the proposed
Mayhew Farms off School Street and found very little dry land on the property.
Adjournment
Motion: To adjourn at 10:20 p.m.
(Sullivan- Frederick) 6 -0 PASSES
Date of next meeting: February 19, 1997 at 7:30 p.m.
Z- /a/;?
Signature of Clerk Date of Approval