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HomeMy WebLinkAboutmin of planning brd 11/4/1998PLANNING BOARD MINUTES November 4, 1998 Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernard J. Dolan; Scott A. Frank; Thomas P. McShane; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development. ➢ Minutes of October 21, 1998 Motion: To approve with the following amendments: page 2 — top: amend motion to read: "...the twelve (t2 ") inches of washed stone for the leaching pits be a minimum of two (2') feet above high groundwater..." page 6 — top: should be "Mr. Sullivan asked..." ( Torman- Sullivan) 4 -0 with Mr. Dolan and Mr. McShane not present ➢ ZBA Application of Balcom Realty Trust for a Special Permit under Sections 4.3.5 and 4.3.6.B. Lb to allow for the modification of the Landscaping and Screening Requirements for a proposed office complex located at 242 School Street in the I -1 Zone Motion: To send a positive recommendation to the Zoning Board of Appeals based on the fact that the existing house is 790 feet from the proposed boundary and the property is zoned I -1 which would not allow a new residential house to be constructed. (Sullivan- Frank) 4 -0 with Mr. Dolan and Mr. McShane not present PASSES ANR (Approval Not Required) Plans A Form A plan for two lots on Plantation Road was received from Folkman and Zola Builders. The plan involved altering the lot line between two lots to rectify a shortfall in the sideyard setback dimension. Motion: To sign the Form A Plan (Sullivan - Torman) 4 -0 with Mr. McShane and Mr. Dolan not present PASSES ➢ Letter from Ralph I. Maloon re: reinstatement of his license ➢ ZBA Decisions: Paul Campisano for a Variance from Section 4.2.1 to allow for an addition with less than the required sideyard setback at 341 Franklin Street in the R -I Zone. Decision granted: no Planning Board recommendation Gary Eagan for a Special Permit per Section 3.10.4A to allow for the extension /alteration of a pre - existing, non - conforming use /structure (Honey Dew Meeting of November 4, 1998 Donut Shop) at 99 Copeland Drive in the B -3 Zone: DENIED – Planning Board recommendation was 5 -2 negative Robert and Thomas Mucciaccio for a Finding for the alteration of a pre - existing non - conforming single family home at 35 Court Street in the R -3 Zone: GRANTED – Planning Board recommendation was 5 -2 positive Village at Willow Crossing for a Variance from Section 4.7.4.3 for an off -site directional sign larger than allowed at the corner of South Main and Cobb Streets in an R -2 Zone: DRNIRD – Planning Board recommendation was 3 -0 -1 negative Copy of letter to John D'Agostino with Action Strategies Report from Zenia Kotval of Mullin Associates r Public Hearing Notice – North Attleboro Zoning Board of Appeals Public Hearing Notices – North Attleboro Planning Board Public Hearing Notice – Attleboro Planning Board i Public Hearing Notices – Plainville Planning Board Decisions – Attleboro Zoning Board of Appeals The Beacon y "The View from Borderland" r Journal of the American Planning Association Request from Stop & Shop to Board of Selectmen for a partial refund of filing fee for gas station special permit Motion: To send a negative recommendation to the Board of Selectmen explaining that complex drainage and traffic issues related to the project required review of the entire site —not just the portion of the site on which the gas station was proposed. (Frank - Sullivan) 5 -0 with Mr. Dolan not present PASSES Memoranda from Dan Clifford recommending partial release of surety as follows on requests received from various developers: • Sturbridge Estates Phase III - $27,963.46 leaving a balance of $46,763.02 which includes the 10% contingency Motion: To release the $27,963.46, but to hold the remaining $46,763.02 until Weaver Lane is accepted as a public way or for a full year without any problems following its completion due to the drainage problems experienced. (Sullivan - Dolan) 6 -0 PASSES ■ Mayhew Farms - $8,452.80 leaving a balance of $59,641.61 which includes the 10% contingency Motion: To release $8,452.80 leaving a balance of $59,641.61 (Sullivan - Dolan) 6 -0 PASSES r ■ Fram Estates – $34,712.00 leaving a balance of $27,961.98 which includes the 10% 2 Meeting of November 4, 1998 contingency Motion: To release $34,712.00 leaving a balance of $27,961.98 (Frank- Torman) 6 -0 PASSES ■ Homefield Estates - $28,217.71 from the Road Bond Account, leaving a balance of $78,338.63 and $4,000.00 from the Water Extension Bond leaving a balance of $32,000 Motion: To release $28,217.71 from the Road Bond Account, leaving a balance of $78,338.63 and $4,000.00 from the Water Extension Bond, leaving a balance of $32,000. (Sullivan- Dolan) 6 -0 PASSES ■ Stearns Hill Estates Phase VI — Freedom Trail - $17,851.68 leaving a balance of $134,768.53 which includes the 10% contingency Motion: To release $17,851.68, leaving a balance of $134,768.53 (Sullivan - Torman) 6 -0 PASSES F30 Mansfield Avenue Special Permit Public Hearing I The continued public hearing was reopened at 8:00 p.m., with the applicant stating he would like to use the existing building for a body shop where he and his brother would work. He stated there would be no storage of paint or gasoline and there would be no noise as they would be working with the doors closed. Correspondence was read from Gary D'Ambra, Line Foreman of the Electric Department; Ptlm. Lance Lawson of the Police Department; Lee Azinheira, Town Engineer; Steve Bishop of the Water Department; and Richard Lewis, Environmental & Conservation Planner. Al Walter Hanson of 1l Oakland Street said he is concerned about the volume of traffic that now exists and asked how long cars would be stored on the site. He asked if the site would be fenced and if it would become a used car lot. Dennis Baker of 27 Jacob Drive asked what the permitted use is for that zone Debbie Bleakney of 11 Oakland Street expressed concern about the traffic pattern in the vicinity of the site, citing the need for better signage in the area. The applicant stated lie would have no more than three or four cars on the site and they would be stored inside. He restated that he only has his auto dealer's license so he can go to the auctions to buy a couple of cars to repair and turn over to an auto dealership for resale. In response to comments questioning the need for an oil/water separator, the applicant stated he will not be doing any mechanical work and there will be no oil on the premises. He said all work will be done inside and all parts taken off cars will be enclosed and picked up every two weeks. 3 Meeting of November 4, 1998 Motion: To grant the Special Permit with the following conditions: I. Doors shall remain closed during the hours of operation 2. There shall be no outside display or sale of motor vehicles 3. The "No Left Turn" sign shall be supplemented with a stop sign at the exit onto Mansfield Avenue 4. There shall be no outside storage of motor vehicles or parts; all vehicles shall be stored within the building 5. All work is to be done inside the building, with the exception of the washing of motor vehicles 6. A backflow preventer shall be installed as determined by discussion with the Water Department 7. All ventilation exhausted from within the building shall be directed towards the railroad tracks (Sullivan - Torman) 5 -0 PASSES Mr. Frank: In favor — the plan meets the intent of the Zoning By -law and the benefit to the Town of having an abandoned building put into use outweighs the detriment. Dr. Torman: In favor — for the above reasons. Mr. Dolan: In favor — for the above reasons. Mr. McShane: In favor — I believe it's a good utilization of the property and the applicant has agreed to all the conditions to protect the neighborhood. Mr. Sullivan: In favor— because the applicant has agreed to the conditions to benefit the site and the surrounding area. Mr. French: In favor — for all the reasons previously mentioned. Motion: To close the public hearing. (Sullivan - Dolan) 6 -0 PASSES Motion: To write a letter to the Board of Selectmen asking them to look into the need for additional signage to address the traffic concerns of the Mansfield Avenue /Oakland Street neighborhood, with a copy to the abutters. (Frank - Torman) 6 -0 PASSES Griffin Farm Continued Public Hearing I Michael Trowbridge reviewed revisions made to the plan since the last meeting and addressed concerns regarding sight distance, an additional hydrant, fire alarm box, and the extension of the sewer line. He showed the existing house on Branch Street as Lot 1, and two additional lots on the private way, as well as the open space and common space. Discussion was held regarding ways to increase sight distance and it was determined that in order to do so, the entrance would have to be relocated closer to the abutter. 4 Meeting of November 4, 1998 Motion: To grant the Special Permit for Griffin Farm with the following conditions and comments: 1. This decision is based on the plan as submitted and it is recognized that the sight distance to the south is less than the 300 foot Planning Board requirement for sight distance for a roadway; however, the board has considered the following: a. this is a residential compound with only two (2) houses that have access off the proposed common drive b. there is no offset roadway across the street from the proposed common drive or any other street within close proximity that could create conflicting turning movements 2. Conditions of approval will be: a. A "Limited Sight Distance" sign shall be erected on the easterly side of Branch Street heading north approaching the new common drive, with the exact sign wording and location as determined by Ptlm. Lance Lawson. The Planning Board recognizes that in order to increase sight distance to the minimum, it would be required to relocate the common drive to the south. This would result in decreasing the buffer to the abutter and making the plan less desirable. ( Torman- Sullivan) 6 -0 PASSES Mr. Frank — I vote in favor due to the fact that it meets the intent of the Zoning By -law and even with the reduction in sight distance, I believe it is a good plan that puts the parcel to use, while leaving open space which may someday be attached to other parcels. Dr. Torman — I vote in favor for the above - stated reasons. Mr. Dolan — I vote in favor for the same reasons. Mr. McShane — I vote in favor because it is an efficient and sensitive utilization of the land. , Mr. Sullivan — I vote in favor because a residential compound is a better use of the property than a traditional subdivision and meets the intent of the regulations. Mr. French — I vote in favor for the reasons already stated. Motion: To close the public hearing. (Sullivan - Dolan) 6 -0 PASSES River Edge Continued Public Hearing James Dunn of Dunn- McKenzie Engineering reviewed the changes made to the plan in response to staff and Planning Board comments at the last meeting. He also presented a 5 Meeting of November 4, 1998 description of the open space land and a narrative in support of the bonus lot for the cluster development and the new test plan for the conventional subdivision. He stated his belief that the question of the easement could be worked out to the satisfaction of Town Counsel. Steve Benoit said he had offered the open space land to the Conservation Commission and a poll of the members indicates they are interested in it. Shirley Hanlon of the Conservation Commission confirmed this statement, saying it would be discussed Monday night at their meeting and voted on officially. Correspondence was read from Town Counsel regarding the easement and from Lee Azinheira, Town Engineer. Concerns were raised by abutters about water pressure in the area and where people would be parking to access the conservation land. Mr. Dunn also provided an estimate of $25,000 to clean the ditch and replace the existing culvert. Mr. McShane stated he did not see how that was an amenity to the town that would justify granting a bonus lot, noting the need to make a finding that the amenity is superior in utilizing the natural features of the land. He also asked how much earth removal and regrading would have to be done to do a cluster versus a traditional subdivision. Mr. Dunn noted that the roadways in a traditional subdivision would take up an additional 1800 feet in clearing a 50 foot right of way. The large cul -de -sac in the cluster will provide trees in a natural state and provides sight line breaks between the houses around the cul -de -sac. ( The issue of the hammer head or cul -de -sac on Canoe River Drive was also discussed, with it being noted that the residents of Canoe River Drive don't want to see it built. Mr. Benoit stated it's shown on the plan but has never been built, and that Mr. King now has a lot with "imaginary" frontage at the end of Canoe River Drive. Items still needing to be addressed are: • clear up easement agreement and get Town Counsel opinion • formal vote of Conservation Commission regarding donation of open space land • cost estimates /comparison of the King turnaround versus replacing the culvert • revise plan to show sign and path to conservation land • show 20 foot water and utility easement running parallel to Shell Oil easement; change 90 degree angles to 45 degree angles on plan Motion: To continue the public hearing to November 18, 1998 at 8:30 p.m. (Dolan - Sullivan) 6 -0 PASSES F47 Chauncv Street Special Permit Continued Public Hearing I Mr. Burke advised the board that the applicants have requested a further continuance due to the fact that the Zoning Board of Appeals has not yet acted on their variance request. ( Motion: To continue the public hearing to November 18, 1998 at 8:00 p.m. (Tornan- Frank) 6 -0 PASSES 6 Meeting of November 4, 1998 Around the Table Mr. Frank suggested the board review and better define "deadend road" at a future workshop session. Mr. McShane stated that in reading the latest report from Dr. Mullin's office, he believes conflict is being created between the IDC and Planning Board. Mr. Burke noted he disagrees with a number of statements made in the report. Adjournment Motion: To adjourn at 11:30 p.m. (Sullivan- Frank) 6 -0 PASSES ignature of Clerk / //I Date of Approval Next Meeting: November 18,1998 7 Meeting of November 4, 1998