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HomeMy WebLinkAboutmin of planning brd 11/3/1999Planning Board Minutes of November 3, 1999 Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; Mark Cook; Bernard J. Dolan; Scott A. Frank; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development. 1. Minutes of October 6, 1999 Motion: To approve (Torman - Flynn) 4 -0 -1 with Mr. French abstaining and Mr. Frank not present PASSES 2. Minutes of October 20, 1999 Motion: To revise and use the same wording to duplicate the conditions as sent to the Building Inspector in the Great Waves Site Plan Recommendation and approve as revised (Tonnan- Dolan) 5 -0 with Mr. Frank not present PASSES 3. Minutes of October 27, 1999 ( Motion: To approve (Flynn - Dolan) 5 -0 with Mr. Frank not present PASSES 4. Zoning Board of Appeals Applications: Application of William S. Richard for a Variance from Sections 4.2.2 Frontage and 1.5.17a Lot Width for the construction of a one -story office building at 905 South Main Street in an I -1 Zone — Mrs. Flynn noted her desire to see landscaping and buffering requirements met at the location Motion: To send a positive recommendation to the Zoning Board of Appeals, noting that there is a hardship due to the shape of the lot, the lot no longer conforms to the dimensional requirements for residential property and, since the use has been abandoned for awhile, it is possible that a residential use may not be allowed because the parcel lies within the Industrial 1 Zone. Also, to advise the Zoning Board of Appeals that the Planning Board believes a commercial building is better than a vacant residential property at that location. (Dolan -Cook) 5 -0 with Mr. Frank not present Application of Andrea McKay for a Finding under Section 3.10.4.13 of the Zoning By -Law for an addition at 556 North Main Street in an R -3 Zone Motion: To send a positive recommendation to the Zoning Board of Appeals (Dolan - Torman) 5 -0 with Mr. Frank not present I Meeting of November 3, 1999 6. Request for partial release of surety — Millfarm Estates, Millstone Court, with recommendation from Mike Ahern that $30,096.00 be released for work completed, leaving a balance of $8,510.00 which includes the 10% contingency Motion: To approve the requested release (Flynn- Frank) 6 -0 PASSES 7. Request for partial release of surety — Millfarm Estates, Mill Farm Drive, with recommendation from Mike Ahern that $18,001.00 be released for work completed, leaving a balance of $15,345.00 which includes the 10% contingency Motion: To approve the requested release (Flynn- Dolan) 6 -0 PASSES 8. Memorandum from Mike Ahern recommending that surety for Mill Farm Estates — Holstein Road Phase be set at $59,348.00 which includes the 10% retainage. Motion: To approve the recommended surety amount (Flynn- Frank) 6 -0 PASSES 9. Notice of Decisions —Attleboro Zoning Board of Appeals ( 10. Notices of Public Hearings — Sharon Board of Appeals 11. Notice of Public Hearings — Foxborough Zoning Board of Appeals 12. Notice of Public Hearings — Attleboro Planning Board 13. Notice of Public Hearings — North Attleboro Zoning Board of Appeals 14. Notice of Public Hearing — Foxborough Planning Board 15. Notice of Public Hearing — Attleboro Zoning Board of Appeals 16. Notice of Public Hearing —North Attleboro Planning Board 17. "New England Planning" October 1999 18. "Planning" magazine, October 1999 19. Letter from Bruce Montgomery, General Manager of the Tweeter Center, asking that the Board reconsider its recommendation sent to the Zoning Board of Appeals because both applications are not going to them at the same time. Motion: To send a letter to Bruce Montgomery, with a copy to the Building Inspector and Zoning Board of Appeals, advising him that the Planning Board did reconsider and stands by the two votes taken earlier — that the stage is a structure that requires a building permit and that a Special Permit is necessary for the expansion of the pre- existing, non - conforming use. (Dolan - Frank) 6 -0 PASSES 3 Meeting of November 3, 1999 ( National Lumber Special Permit Continued Public Hearing Ralph Maloon reviewed the changes to the plan, last revised November 1, 1999. Correspondence was read from the following: Jay Barrows, Industrial Development Commission dated October 20, 1999 John Sullivan, Town Engineer, dated November 2, 1999 Mr. Maloon stated he had met with Ptlm. Lance Lawson to address pedestrian safety. Board members reviewed Mr. Maloon's plan revisions at the egress /ingress at Oakland Street and were sufficiently satisfied that they could be worked out with Mr. Burke. Motion: To grant the Special Permit because the benefits of the retail use outweigh the detriments and the site plan shows conformance to the requirements of the Ground Water Resource Protection District. (Frank - Dolan) 6 -0 PASSES Mr. Frank: I vote in favor because the benefits of the retail store outweigh the detriments to the community and because the stormwater management plan, landscaping, detention areas and other site improvements conform with the requirements of the Ground Water Resource Protection District. ( Dr. Torman: I vote in favor because it is a good use in that area. Mr. Cook: I vote in favor for all the reasons stated. Mr. Dolan: I vote in favor because the applicant worked with us to address all our concerns. Mrs. Flynn: I vote in favor for all the reasons stated. Mr. French: I vote in favor for all the same reasons. Motion: To close the Public Hearing (Frank - Dolan) 6 -0 PASSES Plvmouth Street Site Plan Review — Bristol Builders /Ship of Fools LLC Michael Trowbridge presented the site plan for the Bristol Builders, Plymouth Street, prepared by Hutchins - Trowbridge Associates dated August 11, 1999, last revised November 3, 1999, noting that all concerns have been addressed as outlined in his letter to the Board dated November 3, 1999. A memorandum from John Sullivan, Town Engineer, dated November 3, 1999 was also read. ( Motion: To send a positive recommendation to the Building Inspector. Torman- Dolan) 6 -0 PASSES 4 Meeting of November 3, 1999 Around the Table In response to Town Counsel's letter to the Chairwoman of the Board of Selectmen regarding the Board's Great Waves decision, Dr. Torman asked if one person can go to Town Counsel and get an opinion. Mr. Burke advised him that an individual cannot and Board's and staff members must secure permission from the Town Manager. In the case of the Board of Selectmen, he stated Town Counsel would respond to an inquiry from the Chairwoman on behalf of the Board. Mr. Dolan asked if the possibility of the Town extending sewer to Foxboro Stadium for the New England Patriots is in keeping with the Master Plan. He also asked about the "concrete bunker" at the new recreation field off Route 106, Mr. Cook said it is the concession stand. Mrs. Flynn noted the upcoming Commuter Rail Station meeting, stating she would like to be assured that we won't end up with a big cement garage in the center of town to meet commuters' demands. Mr. French asked about the new sign at West Street and Route 140. Mr. Burke said it is an off -site directional sign on Mr. Clemmey's property to Cape Cod Lumber. He will send a letter to the Building Inspector on the Board's behalf. Motion: To adjourn at 9:35 p.m. (Torman- Dolan) 6 -0 PASSES Signatt re of Clerk Date of Approval °` Next Meeting: November 10, 1999 1 5 Meeting of November 3, 1999