HomeMy WebLinkAboutmin of planning brd 5/7/1997R0
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PLANNING BOARD MINUTES OFFICE
May 7, 1997 97 NAY 23 Ari II: 09
Present: Thomas French, Chairman; John Sullivan, Clerk; Bernie Dpjaclp ,M M
Flynn; Duane Frederick, Thomas McShane and Kenneth Tormanf -IAISOj pr&�p%Leff S
Shaun Burke, Director of Planning and Development.
Meeting called to order at 7:35 p.m.
Mr. Dolan volunteered to be Acting Chairman until the arrival of Mr. French, and Mrs.
Flynn volunteered to be Acting Clerk until the arrival of Mr. Sullivan.
Motion: To approve (Dolan - Flynn) 4 -0 -2 with Frederick and McShane
abstaining. PASSES
2. SRPEDD request for Planning Board to appoint delegate to SRPEDD commission.
Board members suggested writing to Leonard Flynn to see if he would be
interested in being reappointed and, if not, whether he is aware of anyone else
who might be.
3. Form J's for MAC Homes, Canterbury Estates. Mr. Burke explained that these lots
were released previously, but that the applicant wanted to make sure that there
is not a problem at the time of closing due to changes in lot lines.
Motion: To sign the Form J's. (Dolan - Flynn) 5 -0 PASSES
4. Letter from Senator Keating re: MBTA Station with copy of letter received from
Patrick Moynihan, MBTA General Manager
5. Copy of Planning Board letter to Jay Barrows and IDC re: Article 29
6. Copy of Earth Removal Permit - Homefield Estates
7. Copy of letter to Richard Devine re: Scheduled Development By -law
8. Building Construction Report for April 1997
9. Copy of Planning Board letter to Mallory Digges re: Scheduled Development
10. Copies of two letters to ZBA re: Planning Board recommendations
11: Public Hearing Notice - North Attleboro ZBA
12. Public Hearing Notice - Norton Planning Board
13. "The Commissioner" newsletter
14. "Mass. Means" news of Mass. development
Form A Plan submitted by Steve Benoit for two lots off Ware Street. Mr. Burke
the board that the lots conform to zoning and that the plan warrants endorsement.
Motion: To endorse Form A Plan. (Flynn- Frederick) 5 -1 with McShane
opposed. PASSES
Mrs. Flynn read the notice of the public hearing which appeared in the Sun - Chronicle.
Eric Butler, Chairman of the ZBA, explained that the amendment was proposed because
they see many people coming to the ZBA wasting their time and money to get approval
for additions that are not changing anything or making the property any more non-
conforming. Richard Lewis, Zoning Board Advisor, said that the wording for the by -law
amendment was based on language in existing by -laws in other towns which has been
approved by the Attorney General's office. Examples were presented of the types of
situations which the ZBA is currently acting on which would not require a hearing under
the proposed amendment.
Motion: To close the Public Hearing at 8:10 p.m.
(Torman- Dolan) 6 -0 PASSES
The board recessed to the Board of Selectmen meeting to present the Planning Board
sponsored articles for the Annual Town Meeting. After Mr. French's and Mr. Burke's
presentation, the Board of Selectmen voted as follows:
Article 28 - Wireless Communication - To support 5 -0 PASSES
Article 29 - Commercial Parking Lots and Garages - To support 5 -0 PASSES
Article 30 - Waterbody Setback and Wetland Protection - To support 4 -1
PASSES
Article 31 - Cluster Development Density - To support - 5 -0 PASSES
Article 32 - Scheduled Development - To support - 2 -2 -1 FAILS
The Planning Board reconvened at 9:05 p.m. to enter into discussion with Richard Devine
regarding his scheduled development by -law and the Planning Board's scheduled
development by -law. Mr. Devine provided board members with a copy of his by -law,
with the original version printed in black, amendments previously agreed to in red, and
new language in blue. Discussion followed on the similarities and differences involving
Mr. Devine's version and the Planning Board's version of the proposed by -law. Mr.
French stated that the two versions are very close and advised Mr. Devine that the board
would be interested in working with him to present one proposal on which he and the
board could agree. Board members also expressed concern regarding the order in which
the articles would be presented, with thought given to supporting whichever version came
up first at Town Meeting and whether the board runs the risk of a repetitive petition if Mr.
Devine's article is presented first and passes. Board members generally agreed that Mr.
Devine's article is more restrictive than their version and that, although they had worked
diligently with the building community to work out a compromise, it might be better for
the board to support Mr. Devine's article should it come up first at Town Meeting.
Discussion concluded with board members deciding to wait until Town Meeting to see
what amendments Mr. Devine would ultimately propose before voting on whether to
support his article.
support Article 16 of the Special Town Meeting sponsored by the
Board of Appeals. (Frederick - Flynn) 7 -0 PASSES
Board members discussed the presentation of their articles to Town Meeting, as well as
who would make the presentation on specific articles and individuals on various boards
and committees who should be contacted to get their support. Mr. French advised the
board that he would be there for the first night of Town Meeting, but that he would be
away should the meeting continue past May 12th. Mr. McShane said he would be unable
to be present on the 12th, but that he would be there at subsequent meetings. Mr.
Frederick said that he would be willing to present Article 28; Mr. Sullivan volunteered to
do Articles 29 and 30; and Mr. McShane said he would do Articles 31 and 32.
Discussion continued, with presentation materials being decided upon. Board members
also agreed that the scheduled development by -law would be presented as a fiscal article,
rather than a land use proposal.
Leonard Flynn advised the board that NRT and Conservation Commission would have
articles on the warrant for the Special Town Meeting. He explained them and asked for
Planning Board support of the articles.
Motion: To support Articles 3 through 7 at the Special Town Meeting.
(Dolan- Frederick) 7 -0 PASSES
Board members asked Leonard Flynn, who was present in the audience, if he would be
willing to be reappointed as their SRPEDD representative. He agreed.
Motion: To appoint Mr. Flynn as the Planning Board's represent to SRPEDD
and send him a letter of congratulations and appreciation.
(Dolan - Sullivan) 7 -0 PASSES
Mr. Sullivan asked about the Master Plan Committee making a report to Town Meeting.
Board members discussed whether it was necessary at this Town Meeting and what, if
anything, should be presented at this time. General consensus was that there needs to be
another Master Plan meeting to establish closure prior to any presentation at Town
Meeting and that a Master Plan Committee meeting should be scheduled in June.
(Dolan- McShane) 7 -0 PASSES
JACAy-
Date of Approval
Sign tguieof Clerk