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PLANNING BOARD MINUTES
October 21, 1998
Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie J. Dolan;
Marydee Flynn; Scott A. Frank; Thomas P. McShane; and Kenneth H. Torman. Also
present was Shaun P. Burke, Director of Planning and Development. Mr. Dolan served
as Acting Chairman until the arrival of Mr. French.
Minutes of October 21, 1998
Motion: To approve (Flynn - Sullivan) 4 -0 -1 with Mr. Frank and Mr. French not
present and Mr. McShane abstaining PASSES
r Decision to deny Special Permit for Ridgeview
Motion: To sign the decision denying the Special Permit and subdivision approval
for Ridgeview
(Sullivan - Torman) 6 -0 with Mr. Frank not present PASSES
➢ Letter from Ed Marcheselli re: Kemp Farm Way special permit
Mr. Marcheselli asked for permission to put a portico over the front entrance of one
of the houses being built
Motion: To approve the portico, provided it falls within the proper setbacks
(Sullivan- Flynn) 6 -0 with Mr. Frank not present PASSES
ZBA application — Robert W. O'Donnell for a variance to modify conditions of a
previously granted variance regarding hours of operation at O & D Tool at 150
Gilbert Street in an R -I Zone — Mr. Burke suggested that allowing them to work until
3 a.m. Monday through Friday and operate on Saturday mornings was not appropriate
in an R -1 zone
Motion: To send a negative recommendation to the Zoning Board of Appeals
because the proposed hours of operation until 3:00 a.m. weekdays and on Saturday
mornings are not fitting in a residential neighborhood and because the board, when
considering the original variance recommendation, assumed the hours of operation
would remain as they had always been.
(Sullivan - Flynn) 6 -0 with Mr. Frank not present PASSES
Site Plan Review —111 Torbes Blvd. —Oxbow Realty Trust/Texas Instruments
John McKinnon of H. W. Moore Associates and Joe St. Don of Oxbow Realty Trust
presented the site plan showing 181 parking spaces and buffering conforming to current
requirements. Department head comments were read from the Conservation
Commission, Fire Department, Electric Department, Water Department, Planning
Department and Health Department, all of which were addressed by the applicant.
Drainage was also reviewed and Mr. Burke suggested the Planning Board send a positive
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recommendation to the Building Inspector.
Motion: To send a positive recommendation to the Building Inspector with the
suggestion that the twelve (12 ") inches of washed stone for the leaching pits be a
minimum of two (2') feet above high groundwater as determined by field testing prior to
installation as witnessed by the Town Engineer.
(Dolan - Frank) 7 -0 PASSES
River Edge Estates Continued Public Hearing I
James Dunn of Dunn- McKenzie passed out small versions of the conventional
subdivision plan and showed the changes made as the result of the last meeting and
Conservation Commission's Notice of Intent. He noted soil testing had been done, with
eleven tests showing rapidly draining soils suitable for drywells or septic systems. The
conventional plan showed thirteen lots with a connector road. Two detention basins and
one retention basin were proposed and existing grades were shown. Mr. Dunn also
advised the board that they have met with the Conservation Commission to verify the
wetland lines and that a portion of the land is subject to the Rivers Act. He noted that
they are able to install all leaching fields and houses within the allowed area, meeting all
Title V requirements for the thirteen houses shown in the layout. The connection to
Canoe River Drive is over land owned by Douglas King, and a document providing for
the easement for the roadway was presented. Mr. Dunn also noted that the previous
conventional "test" plan had shown fourteen lots and is now showing thirteen. The
applicant is requesting a cluster special permit for thirteen lots plus one bonus lot. The
lots on the previous layout were reconfigured and enlarged, incorporating the additional
lot which had been shown on the previous conventional plan. The revised plan also
showed a change in the route of the water line and the addition of a hydrant requested by
the Water Department.
Mr. Dunn reviewed changes to the drainage suggested by the Town Engineer, noting
there would be an improvement to the drainage in the area, but the changes would not
completely solve the problem on Ware Street because the existing culverts are
inadequate.. He also advised the board that the analysis of the cost of severing vs. using
septic systems showed bringing in a sewer line would be considerably more expensive
and a waiver from the requirement to connect to sewer has been requested on the cover
sheet. Other waivers requested are:
• width of roadway from fifty feet to forty
• sidewalks on only one side rather than both sides as required
Mr. Dunn noted sight distances have been checked and some vegetation has been
removed. If the cluster is approved, the applicant will provide a hammerhead at the
turnaround or a cul -de -sac on Canoe River Drive.
Additional questions regarding drainage, ownership of and access to open space land, and
the existing Shell Oil easement were asked by:
■ Robert Shuffleton of 18 Canoe River Drive
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■ James Burke of 10 Canoe River Drive
■ Beth Hargreaves of 213 Ware Street
• Steven Goncalo of t66 Ware Street
■ Bill McDermott of 30 Canoe River Drive
Steve Benoit of B & M Realty Trust, the applicant, was asked about his intentions for the
open space land and initially said it would be given for conservation. In the absence of
anything in writing from the Conservation Commission expressing an interest in the
property, he then said it would be held in a Homeowners' Association. He was advised
that if that is his intention, the legal document providing for such an arrangement should
have been submitted at the time of application. Mr. Benoit pointed out that he had been
"solicited" by Leonard Flynn to donate the land for conservation purposes. Planning
Board member Marydee Flynn noted for the record that her husband may have
approached Mr. Benoit on behalf of the Canoe River Aquifer Advisory Committee, but
she has no knowledge of that.
The Shell Oil easement was the subject of further discussion regarding its location,
status, and whether the conventional plan could be built with the easement in its current
location. Also discussed was the "density bonus," the cost of off -site improvements to
the drainage system, and the benefit of the proposed "hammerhead" on Canoe River
Drive for parking and/or emergency vehicle turnaround. Mr. Burke suggested a cluster
would be preferable to a conventional subdivision on the site, but advised the applicant
he needs to make a more persuasive argument to enable the board to determine the
benefit the Town would receive to offset the impact of approving additional homes.
Dr. Torman questioned the length of the roadway and how the Shell Oil easement can
cross through proposed house lots and roads. Mr. Dunn said roads can be built over the
easement and the proposed lots are large enough to enable houses to be moved around on
the lots. Mr. Burke explained that the proposed roadway is not a deadend street on the
conventional plan because there are two means of access; therefore, discretion is allowed
regarding the length of the roadway in granting a special pen-nit for the cluster plan.
Mrs. Flynn said she would like to have Town Counsel look at the easement agreement
between the applicant and Doug King to see if it is adequate for our purposes.
Mr. McShane said he would have to be convinced that the plan is superior in utilizing the
natural features of the land and if the layout of the road and other utilities is more
efficient. He also stated a decision would be premature without having legal documents
covering the use and disposition of the open space land.
A summary of items remaining to be addressed include:
• Master Deed and documents - if a Homeowners' Association is being formed,
these should have been submitted with the application
• Open space land — if it is to be donated for conservation purposes, written
confirmation regarding an interest in the land should be provided
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■ approximate cost for cleaning up the drainage ditch and the cost of
constructing a hammerhead turnaround on Canoe River Drive
■ verification for bonus lot
■ show Shell Oil easement on conventional plan and that houses and septic
systems can still be built
■ verification from Town Counsel regarding the suitability of the easement
agreement
Motion: To continue the public hearing to November 4, 1998 at 8:45 p.m.
(Sullivan- Dolan) 7 -0 PASSES
147 Chauncy Street Continued Public Hearing
Mr. Sullivan read a request from the applicant that the public hearing be continued until
after a decision on the variance request has been received.
Motion: To continue the public hearing to November 4, 1998 at 9:00 p.m.
(Sullivan - Torman) 7 -0 PASSES
Stillbrook Farm Definitive Plan
Motion: To sign the definitive plan for Stillbrook Farm.
(Sullivan - McShane) 7 -0 PASSES
Eastern Container Special Permit Plan I
Motion: To sign the Special Permit plan for Eastern Container.
(Torman- Sullivan) 7 -0 PASSES
r ZBA Application of Judy Applebaum for a Variance from the setback requirements at
14 Fulton Street in a B -3 Zone
Motion: To send a negative recommendation to the Zoning Board of Appeals
because there is adequate room on the side lot and there is not sufficient reason under
Chapter 40A to grant the variance since it is an issue of convenience rather than
hardship; the deck can be reduced in size and extended in an easterly direction to
eliminate the need for a variance.
(Sullivan- Flynn) 5 -1 -1 with Mr. McShane opposed and Mr. Frank abstaining
from participation in the discussion and decision PASSES
Mansfield News article "Witness the founding of "Nortsfield"
Public Hearing Notice — North Attleboro Planning Board
( i Public Hearing Notices — Attleboro Zoning Board of Appeals
i Public Hearing Notice — Foxborough Zoning Board of Appeals
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( ➢ Public Hearing Notice — North Attleboro Zoning Board of Appeals
➢ "Planning" magazine — October issue
Notice of "Impact Fees and Transfer Taxes" symposium
"Community Response Line for Municipal Officials"
➢ Division of Community Services — Peer to Peer Program Fact Sheet
SRPEDD Regional Review newsletter— October 1998
Tischler & Associates "Fiscal & Economic Newsletter"
Memo from Dan Clifford recommending surety for Canterbury Estates Phase E be set
at $35,794.78 which includes the 10% contingency
Motion: To accept surety of $35,794.78
(Flynn- Sullivan) 7 -0 PASSES
➢ Form J Release for lots 118, 119 and 120 Phase E of Canterbury Estates with copy of
check in the amount of $35,794.78 posted as surety
Motion: To sign the Form J to release the lots
(Sullivan - Flynn) 7 -0 PASSES
Copy of letter to Board of Selectmen from John Sullivan advising them of his
decision not to seek reappointment to the Planning Board
ZBA Application of James E. Ryan for a Variance from Section 4.2.1 minimum lot
frontage, for a parcel of land on Balcom Street in an R -2 Zone
Motion: To send a negative recommendation to the Zoning Board of Appeals
because it appears the land was subject to zoning when it was purchased and did not
conform to zoning at the time of purchase
(Frank - Flynn) 6 -1 with Mr. Dolan opposed PASSES
Environmental Notification Form (ENF) for proposed warehouse building on
Plymouth Street in the Cabot Business Park
ANR Plan
Fonn A Plan for Oxbow Realty Trust to create two lots at l 11 Forbes Boulevard from a
parcel of land 6.772 acres in an 1 -I Zone — Mr. Burke stated the plan conforms to zoning
and suggested it warrants endorsement
Motion: To sign the Form A Plan
(Sullivan- Flynn) 7 -0 PASSES
Around the Table
Mr. Frank asked about have a drainage workshop, stating he could use some help in
getting a better understanding of detention /retention basins. Mr. Burke suggested reading
"Controlling Urban Run -off" would be helpful to him in the interim.
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Mr. Sullivan asked if anything can be done to get the Franklin Street parcel on which
Ridgeview Estates was proposed cleaned up and/or restored.
Motion: To send a letter to the Building Inspector asking him to review how the surplus
material removal at the site occurred and if the permit required any clean up or
restoration of the area.
(Sullivan- Frank) 7 -0 PASSES
Mrs. Flynn asked if any Planning Board articles were included on the Special Town
Meeting warrant. Mr. Burke advised the board that the Board of Selectmen chose not to
include any until the Annual Town Meeting. He stated the only related articles to be
included at this time are street acceptance and the multi - purpose trail. Board members
reaffirmed their previous vote to support street acceptances as printed in the warrant and
voted on support of the multi- purpose trail.
Motion: To support Article 5 of the Special Town Meeting warrant for the additional
funding of $50,000 for the design of the Old Colony Multi - Purpose Trail.
(McShane - Flynn) 7 -0 PASSES
Motion: To adjourn at 11:10 p.m.
(Frank- Tonnan) 7 -0 PASSES
j ignature of Clerk
1
Date of Approval
est IVleetin , November 4,199
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