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Home My WebLink Aboutmin of planning brd 11/10/1999Planning Board Minutes of November 10, 1999'' i Present: H. Thomas French, Jr., Chairman; Marydee Flynn Clerk, Befriar J. Dolan; Scott A. Frank; Thomas P. McShane; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development. Correspondenee - 1. Minutes of November 3, 1999 Motion: To approve (Flynn - Dolan) 6 -0 PASSES 2. Form J Release— Millfarm Estates, Holstein Road Phase: Lots 30, 31, and 38 through 45 with surety posted in the amount of $59,348.00 Motion: To sign the Form J (Flynn- Dolan) 6 -0 PASSES 3. Notice of Public Hearings — Attleboro Conservation Commission 4. Notice of Public Hearing — Attleboro Zoning Board of Appeals 5. Mansfield Airport Vegetation Management Plan Fact Sheet 6. "TRANSreport" newsletter 7. "Waterline" newsletter 8. Annual Report —Fitchburg by Design, Inc. 9. The Beacon 10. SRPEDD Regional Review 11. Joint Transportation Planning Group meeting notice Pdbicyring fo Anotnd 1 Zbuirig Map -lksterE 's1eW The public hearing on the petition of Lester Epstein to amend the Zoning Map at the Special Town Meeting was opened at 7:45 p.m. with Mrs. Flynn reading the notice of public hearing that appeared in The Sun- Chronicle on October 27, 1999 and November 3, 1999. Mr. Epstein explained his proposal to amend the Zoning Map by changing the present classification of Parcels 147, 148, 149, 150, 197 and 198 on Assessors Map 20 on the southerly side of Chauncy Street (Route 106) from Residential 2 to Industrial 1. He stated the area is no longer residential in character and he would like it rezoned to be more compatible with what is in the area. Richard Gordon of 407 West Street presented a petition signed by 55 area residents in opposition to the amendment. Others speaking against the proposal were Celeste Jones of South Walnut Street and Sandra Levine of 21 Walnut Street. Meeting of November 10, 1999 In response to Planning Board questions as to the proposed use, Mr. Epstein said he currently has four single- family and one four - family on the parcels. He stated lie has had an offer from a realtor interested in renting one of the houses as an office and would like to do something like that and perhaps even demolish the four - family and put something else on the parcel. Motion: To closed the Public Hearing (Dolan - Torman) 6 -0 PASSES Motion: To make a negative recommendation to Town Meeting because the request is not in keeping with the purpose of the Zoning By -Law (McShane - Flynn) 5 -1 with Mr. Dolan opposed. PASSES "0 -11 gear ng "I, ru en�t 7aning Ma i{�rl��'lQrungey Due to a conflict of interest, Dr. Torman excused himself from the Public Hearing and left the room. Mrs. Flynn read the notice of public hearing that appeared in The Sun - Chronicle on October 27, 1999 and November 3, 1999. Attorney James Kelly, representing Karl Clemmey, presented the petition asking that the Zoning Map be amended to ( rezone Parcel 29 on Assessors Map 11 located at 396 West Street from its present classification of Residential 2 to the classification of Industrial 1. Mr. Kelly presented a letter of support from the Industrial Development Commission and noted that the parcel is considered to be part of the Golden Triangle that the Master Plan stated would be in the best interests of the town to rezone Industrial 1. Richard Gordon of 407 West Street presented a petition signed by sixty residents in opposition to the rezoning. —Also speaking against the proposal were Celeste Jones of 60 South Walnut Street and Sandra Levine of 20 Walnut Street. Mrs. Jones pointed out that Parcel 28, abutting Parcel 29, is owned by Huber and was not so stated in the legal advertising for notification. Mrs. Jones said she has lived on South Walnut Street for forty -three years, likes it there, and doesn't want to be further encroached upon without protection. Mrs. Jones and Mrs. Levine both spoke of the lack of landscaping on the parcel, as well as other parcels in the immediate area owned by Mr. Clemmey. Mrs. Levine stated the residents have given up the beauty, privacy and quiet the area was once afforded, with Mr. Clemmey giving up nothing. Mr. McShane noted the proposal is not in keeping with the intent of the Zoning By -Law. Mr. Dolan pointed out that this parcel is not within the Golden Triangle. ( Mr. Burke agreed, also noting that the issue of the Golden Triangle was not to 2 Meeting of November 10, 1999 accommodate change in the zoning lines, but rather to accommodate development of existing vacant industrial land. Motion: To close the public hearing (Frank - Flynn) 5 -0 PASSES Motion: To send a negative recommendation to Special Town Meeting because the proposal further encroaches on the residential area and provides no overwhelming value to the Town versus the harm it will cause. (Frank - Dolan) 5 -0 with Dr. Torman not present PASSES Mr. McShane asked that the Industrial Development Commission be advised of the Planning Board's recommendation. Dr. Torman returned to the room. S1t�Pleaie» �-us bQQ OaRI ;steer Cgrt Gan�ep /�E�14 "`% Correspondence was read as follows: • Memorandum from John Sullivan, Town Engineer, dated November 10, 1999 • Letter from Michael Trowbridge dated November 10, 1999 • Memorandum from John Sullivan, Town Engineer, dated October 18, 1999 Attorney Ed Roster was present to represent Louis Certuse, an abutter to the property. Also representing Mr. Certuse was Douglas Annino of 150 Tremont Street. Mr. Annino pointed out several required items that were not addressed on the site plan: • If buffering is required between residential and industrial, adequate buffering should be provided through the use of fences and the planting of evergreen trees. He stated the verbiage is loose and there's nothing shown on the plan to make an adequate determination. • The By -Law calls for a ten foot buffer zone between the parking area and the building. It's not shown on the plan. • Would like to see the dimensions of the parking spaces, dumpster area, and loading zone on the plan. If it's not on the plan, it cannot be enforced. • Radii of entrance and exit not shown on plan. • Will the pavement be sawcut? Not addressed on plan. • Site lighting — the applicant should be asked to show footcandles on the plan and how the lighting spills out onto adjoining sites. • There's nothing on the plan to show how the loading docks work. Will there be a depressed slab, or will they be backing in? 3 Meeting of November 10, 1999 • Concerned about gravel on the site, with dust blowing onto adjacent properties. • Is the dumpster area large enough to get the dumpster in and loaded and unloaded? If this will be a retail use, even if the enclosure is large enough, can't tell if one dumpster will be adequate for carpets. • Don't see the location of transformers, poles and electrical services on the site. • Signage not addressed: will there be freestanding signs or will signs be placed on the buildings? Mr. McShane asked that the following issues be addressed: * Providing a way to increase the buffering between the residential property and the business properties. « Why the driveway on Lot 69 needs to be on the side of the residential property. Motion: To continue the site plan review to December 1, 1999 at 8:00 p.m., with the comments being sent to Michael Trowbridge and the applicant. ( Mrs. Flynn advised the Board that Professor Southard, a retired geologist, expressed to her his interest and willingness in assisting the Planning Board in any way possible. 4d0UYpate ,r F r 2 vT s r5 Motion: To adjourn at 10:15 p.m. (Frank - Dolan) 6 -0 PASSES 6f F"r Signature o erk Date of Approva 4 Meeting of November 10, 1999