HomeMy WebLinkAboutmin of planning brd 12/2/1998PLANNING BOARD MINUTES
December 2, 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. Mrs. Flynn served
as Acting Clerk until the arrival of Mr. Sullivan.
i Minutes of November 18, 1998
Motion: To approve (Dolan- Tonnan) 6 -0 with Mr. Sullivan not present PASSES
Eastern Container — request from Bay Colony Engineering to allow the relocation of
a curb cut on Maple Street to improve the now of traffic through the site and to
modify the landscaping to accommodate the relocation of the curb cut
Motion: To approve the request as a field modification because there is no increase
in parking or impervious surface.
(Dolan - Flynn) 6 -0 PASSES
ZBA Application of Elisabeth and Peter Miller for a finding per Sections 3.10.43
and 6.2.2.D of the Zoning By -law for a family room addition at 11 Riverwood Drive
in an R -1 Zone
Motion: To send a negative recommendation to the ZBA since the applicant did not
provide any substantive evidence on which to make a finding
(Frank- Flynn) 6 -0 PASSES
r Public Hearing Notice — North Attleboro Planing Board
i Public Hearing Notice — Attleboro Board of Appeals
Public Hearing Notice— North Attleboro Board of Appeals
➢ Public Hearing Notice — Attleboro Planning Board
i Notice of Decisions — Attleboro Zoning Board of Appeals
i Department of Housing & Community Development — New Program Announcement
147 ChauncY Street Special Permit Continued Public Hearing I
Paul Folkman presented sketch plans of proposed changes to the site-showing the
Memeke building reduced in size to 3,000 sq.ft. and the multi- family building reduced
from twelve to eight units, with two parking spaces provided for each unit. Mr. French
advised him that the board has no problem looking at the sketch plans, but cannot offer
an opinion on the project based on them. Mr. Folkman reviewed the progress that has
been made relative to the issues raised at the last public hearing. He stated that he is
trying to get a read from the board before going forward and occurring major expense
doing drainage and soils plans. After further discussion board members indicated they
are pleased that the project has been scaled down and no longer needs a variance for
I Meeting of December 2, 1998
parking. Mr. Folkman said they would still be doing a cross - parking easement and would
continue to work out the details.
Mr. Folkman completed his presentation with an explanation of the type of multi - family
rental business he expects to do and a profile of the anticipated clients. In response to
questions regarding screening the repair shop from the road, he stated he could not agree
to that, but would be bringing Mike Hinchey in to do a landscaping plan. He also said
they planned to site the repair shop with the most attractive - looking part of the building
facing Route 106. Mr. McShane advised Mr. Folkman that landscaping would be a major
factor to him in deciding on the proposal, and only doing enough to meet the minimum
standards of the by -law would not in his mind be of sufficient benefit to the town to
warrant approval.
James Vaughn of 36 Pratt Street said he is not happy with what's being proposed and
noted that many of his neighbors who were present at the previous hearing are no longer
coming to the meetings.
Mr. Burke said he believes the proposal presents itself better this time around with the
changes made, but the landscape depression alone will not be adequate to correct the
drainage. Mr. Maloon replied that it will be done in combination with other drainage
improvements.
Motion: To continue the public hearing to January 20, 1999 at 8:00 p.m.
(Dolan - Torman) 6 -0 with Mr. Sullivan not present. PASSES
River Edee Estates Continued Public Hearing I
The Special Permit Decision with revisions was reviewed and Mr. Dunn walked the
board through the revisions to the plan since the last meeting. Four easement documents
and a quit claim deed were presented by Mr. Benoit as required by the Special Permit.
Motion: To close the public hearing
(Sullivan- Dolan) 7 -0 PASSES
Motion: To sign the Special Permit Decision on the application of B & M Realty Trust
for River Edge Estates with the revisions discussed.
(Sullivan- Dolan) 7 -0 PASSES
Scott A. Frank — I vote to approve because the project fits within the general
intent of the cluster development by -laws, there is a large amount of open space,
and other benefits to the town which greatly outweigh any detriments.
Kenneth H. Torman — I vote to approve because the plan appears to show no ill
effects on the land and the drainage improvements will be a benefit to the town
when completed.
2 Meeting of December 2, 1998
r ..
Bernard J. Dolan — I vote to approve for the reasons already stated and because
of the Ware Street culvert and other off -site improvements. I believe it's a great
use of the land and the Conservation Commission is getting land also.
Thomas P. McShane — I vote to approve because of the transfer of thirteen acres
of open space land to the Conservation Commission and the Ware Street drainage
improvements.
John D. Sullivan, Jr. — I vote to approve based on the fact that the cluster will
provide open space and the reduction in the amount of drainage required over a
conventional subdivision makes it better for the area and the town.
Marydee Flynn — I vote to approve because of the donation of an excessive
amount of land to the town for conservation, it adheres to the Zoning By -law, and
the development will be in harmony with the surrounding neighborhood.
H. Thomas French, Jr. — I vote to approve because of the donation of the open
space land to the town, the drainage improvements, and the reduction in the
overall runoff drainage created in a cluster as opposed to a standard subdivision.
➢ Requests for partial release of surety with recommendations from Dan Clifford:
• Stearns Hill Estates — Phase 5 (Plantation and Mayflower): to release $42,144.30,
leaving a balance of $89,879.46 which includes the 10% contingency.
• Motion: To approve the release of $42,144.30, leaving a balance of $89,879.46
• (Flynn - Sullivan) 7 -0 PASSES
• Stearns Hill Estates — Phase 6 (Freedom Trail): to release $23,238.27, leaving a
balance of $111,530.26 which includes the 10% contingency
• Motion: To approve the release of $23,238.27, leaving a balance of $111,530.26
• (Flynn- Sullivan) 7 -0 PASSES
■ Fram Estates: to release $12,220.00, leaving a balance of $15,741.98 which
includes the 10% contingency
Motion: To approve the release of $12,220.00, leaving a balance of
$15,741.98
(Flynn - Sullivan) 7 -0 PASSES
i Request from Ralph Maloon on behalf of Stan Feck to phase construction of
Woodland Park — Mr. Burke recommended that the board allow the phasing as
requested because the plan has two points of access and the drainage will be going in.
Mr. McShane noted the timeframe for the use of the open space shouldn't begin until
the completion of Phase 2.
3 Meeting of December 2, 1998
Motion: To approve the request to allow Woodland Park to be constructed in two
phases as shown on the plan presented, with the reminder to the developer that the
town will not accept any of the streets within the subdivision until they are all
completed, and that as a condition of this phasing approval, the timeframe for the use
of the open space lot will not start until the completion of Phase 2.
(Sullivan- Dolan) 7 -0 PASSES
➢ Building Construction Report for November 1998
➢ Southeastern Regional Services Group — copy of case recently decided by the Mass.
Court of Appeals
Discussion of Revised Charter
Mr. French reminded the board that the Selectmen have asked that each board review the
existing and proposed charter with the idea of reporting to the town on how it affects
their board.
Concern was raised regarding the inability to vote on each change individually, rather
than all or nothing. Changes that were considered in the review as they relate to the
Planning Board are:
length of term reduced from five years to three years - Mrs. Flynn said she prefers the
term to be five years so that Planning Board members are not appointed concurrently
with any Selectmen in particular. In general, board members were split on this issue,
but agreed it is not an issue that would cause them to approve or disapprove of the
revised charter.
•S remains as an appointed board— board members agreed
•b responsibility to report annually to Town Meeting added — agreed it is a good idea
•3 Capital Improvements Committee - representation from Planning Board reduced to
one member from two; representation from Municipal Building Committee
eliminated; two representatives from School Committee added — disagree. Planning
for the town as a whole is a major responsibility of the Planning Board and that is
what the Capital Improvements Committee is all about. As the clearinghouse for
municipal projects, the Planning Board representation should not be reduced.
4- no mention of Planning Board representative to SRPEDD — board disagrees with this
change. The Planning Board is directed under Massachusetts General Laws to
appoint a representative. This omission in the proposed charter is viewed by the
Planning Board as a slight and as shortsighted since, planning is a regional concern as
well as a town issue.
Board members also noted that the last sentence of Section 5.3 has been deleted, which
in effect makes the Planning Board the Park Commissioners. Mr. Burke pointed out that
the position of Planning Director is no longer in the charter. As a result of the deletion,
the Planning Director's primary responsibility is not articulated, a change the Planning
Board does not support.
4 Meeting of December 2, 1998
{
Mr. Burke was asked to draft a letter to the Board of Selectmen, based on the preceding
discussion, for a vote at the December 16a` meeting.
Around the Table
Mr. Frank asked the status of the Ridgeview appeal. Mr. Burke advised the board that
Town Counsel has filed a Motion of Appearance and an Answer to the Complaint. No
hearing date has been set, nor has there been any other action.
Mr. Dolan commented that the grass on the new fields off Route 106 looks very nice.
Mr. McShane noted that The Village at Willow Crossings looks great.
Mrs. Flynn asked that "rooming houses" be added to the Planning Board worklist as an
item to delete from our Schedule of Principal Uses or establish more stringent guidelines.
She also noted that in a recent communication she received, Norway Maple, which is an
approved street tree in our Subdivision Regulations, is listed as being one of the most
invasive trees. The suggestion was made to have David Linde or another landscape
architect in to offer their expertise on the subject at the appropriate work session.
Motion: To adjourn at 11:05 p.m.
(Dolan - Torman) 7 -0 PASSES
ignature of Clerk
/2zz;ee�—�
Date of Approval
F— Next Meetin!: December 16, 1998 I
Meeting of December 2, 1998