HomeMy WebLinkAboutmin of planning brd 2/3/1999PLANNING BOARD MINUTES %r
February 3, 1999 n
Present: H. Thomas French, Jr., Chairman; Mark Cook; Bernard J. Dolan3 Marydee
Flynn; Thomas P. McShane; and Kenneth H. Torman. Also ptgs�nt was Slrauni lt. jBurke,
Director of Planning and Development.
The meeting was called to order at 7:30 p.m.
Correspondence
i Minutes of January 20, 1999
Motion: To approve (Torman- Flynn) 5 -0 with Mr. McShane not present PASSES
ZBA Application: Alex J. Skene, Jr., for a Variance from Section 4.2.1 — minimum
lot area and frontage requirements — at 18 Robyn Lane in an R- I Zone
Nlotion: To send a positive recommendation to the Zoning Board of Appeals.
(Dolan -Cook) 4 -1 with Mrs. Flynn opposed and Mr. McShane not present
PASSES
Nlotion: To add to the recommendation that the decision, if the variance is
granted, be worded such that a building permit must be obtained within one year
from the granting of the variance.
(Dolan - Torman) 5 -0 with Mr. McShane not present PASSES
Invitation to Jack Conway Open House — 273 Chauncy St., on Thursday, February
11"' from 4 -7 p.m.
Copy of memorandum to John D'Agostino re: Planning Board articles for the Annual
Town Meeting
Notices of Decision (4) — Attleboro Zoning Board of Appeals
Public Hearing Notice — Easton Board of Appeals
Public Hearing Notice — Attleboro Zoning Board of Appeals
i Public Hearing Notices (3) — Easton Planning & Zoning Board
Public Hearing Notice — Attleboro Municipal Council
r Public Hearing Notice — North Attleboro Planning Board
"The Citizen Forester" newsletter
"The Commissioner" newsletter
Baystate Roads Program Seminar Announcement
Massachusetts Forest — 1999 Small Grants Program Announcement
Notice of Capital Improvements Committee meeting on February 18'h at 6:00 p.m.
Motion: To have Mr. Dolan and Dr. Torman continue as the board's representatives
to CIP
(Flynn -Cook) 5 -0 with Mr. McShane not present PASSES
Meeting of Febniarn, 3, 1999
47 Chauncy Street Continued Public Hearing
Mr. French advised the applicant that there are only six members present and, because
this is a special permit, five affirmative votes are necessary for approval. He noted that
Mr. Cook has recently been appointed to the board and has the option of voting or not
based on his level of comfort with the amount of knowledge he has about the project.
Mr. Cook indicated he would be voting. Mr. Folkman stated his desire to proceed with
the hearing with the six members present.
Mr. Maloon stated that they plan to hydroseed the top of the pile during surcharging,
using rye grass to control the dust. He said they've reviewed the drainage changes with
the Town Engineer and made revisions accordingly.
Mrs. Flynn read a memorandum received from Lee Azinheira, Town Engineer, dated
February 3, 1999.
Mr. Folkman introduced Rick Dempsey, a structural engineer from the Dempsey Group,
and James Handanyan, project manager and soils engineer from The Geotechnical
Group, Inc. Mr. Folkman said they would be willing to have conditions put into the
Special Permit that once field testing is done, modifications will be submitted to the town
Engineer for final review.
( Mr. Dempsey and Mr. Handanyan reviewed the proposed site preparation and explained
in detail the process of surcharging the site. Board members asked about the number of
trucks per day that will be working on the site, how high the site will be during
surcharging, what plans there are for public information. The applicant and engineers
said the site would be approximately ten feet above its present level during surcharging
and they will not be able to determine the number of trucks per day until testing has been
done and they have a better idea of what they will be faced with. At this point, they
estimate there will be a truck every fifteen minutes. The board was also advised that
abutters may experience some vibration during pile driving.
Tom Whitley of Nick's Realty Trust showed pictures of flooding on the site and asked
for reassurance that development of the site would not create additional flooding in the
area.
Mr. McShane noted that in granting a Special Permit, he would be looking for a benefit
to the Town. Mr. Folkman stated the reason for the Special Permit is because of the
location and use and he was unaware that there should be a benefit to the Town.
Attorney William Vernon, representing the owner of the property, stated there have been
many proposals and potential buyers for the property in the last several years. He noted
the property is currently an eyesore in the center of Mansfield and this is the closest
they've come to developing it. He pointed out that this project proposal is very technical
2 Meeting ofFebwary 3, 1999
and expensive, the owner has made a lot of economic concessions, and there are not
many other choices. He pointed out that the alternative is what has been there for the last
twenty years and the Town now stands to benefit from the taxes the site will generate, the
improved appearance in the center of Town and improved drainage over what is there
today.
The board discussed the options of continuing the public hearing, closing the public
hearing and taking a vote, or taking a straw poll and giving Mr. Burke direction on
drafting a decision.
Motion: To direct Mr. Burke to draft a positive decision with the following conditions:
t. The final revised drainage plans must be reviewed and approved by the Town
Engineer.
2. Assurance in writing must be obtained from the Town Engineer that Crocker Street
post - development drainage in the area with regard to street flooding will be reduced
from its pre - development level.
3. The applicant must present a surcharge operations plan for the board's approval
detailing the number of trucks per hour to the site, the daily schedule they will be
operating on, and the timeframe for the soil surcharge and site preparation.
4. The operations plan shall contain detailed information showing how dust will be
controlled.
5. The applicant shall notify abutters regarding noise and vibration that may be felt on
their property during site preparation and/or construction. Notice to abutters should
explain what will be occurring on site; said explanation to include process and
timeline.
6. A detailed landscaping plan and table stamped by a registered landscape architect
showing all landscaping shall be provided.
7. The stormwater management basin shall be built before surcharging. Means of
controlling erosion and sedimentation shall be included in the operations plan.
(Dolan -Cook) 6 -0 PASSES
Motion: To continue the public hearing to February 17, 1999 at 8:00 p.m.
(Dolan -Cook) 6 -0 PASSES
Discussion of Zoning By -Law Amendments for Town Meeting
Amendments to the Zoning By -law sponsored by the Planning Board on the Annual
Town Meeting warrant were reviewed. Revisions were made as follows:
Meeting of February i, 1999
5.3 Site Plan Review
5.3.1 Purpose
The purpose of Site Plan Review is: to provide an orderly review procedure where site plans of
proposed projects can be approved with reasonable conditions which will maintain the character
and integrity of all zoning districts and adjoining zoning districts; to ensure that new, expanded or
reconstructed sites are planted and designed to minimize impacts on the environment, abutters,
and town services by proper design and construction of stormwater systems, parking and loading
areas, waste removal, sediment and erosion control, lighting, landscaping and buffering, points of
access and egress, pedestrian access and signage.
5.3.2 Applicability
Uses which require a site plan review and issuance or denial of a development approval
by the Planning Board are identified by the letter "Y" under the column heading "SPA"
of Schedule of Principal Use Regulations.
5.3.3 In instances where site plan review is required, a site plan shall be submitted in
accordance with Section 5.5.2 and 5.5.3 of this Zoning By -law, as well as the following
which shall be required by the applicant for site plan review:
a) locus plan;
b) location of structures within 100 feet of property lines;
c) existing and proposed buildings, showing setbacks from property lines;
d) signage;
e) existing and proposed contour elevations in two -foot increments;
I) parking areas, driveways, and facilities for pedestrian movement;
g) drainage system ;
h) utilities and lighting;
i) landscaping, including trees to be removed and retained;
j) loading and unloading facilities;
k) provisions for refuse removal;
1) existing and projected traffic volumes from the site and effect on the local road
network;
in) drainage calculations and soil tests for the location of the building(s), parking areas
and drainage facilities;
n) other information as may be necessary to determine compliance with the provisions
of this bylaw.
5.3.8 Prior to rendering its decision the Planning Board shall examine the technical
quality of the site plans and evaluate the advisability of approval after considering the
following matters:
5.3.13 Proper methods of disposal of refuse and other wastes resulting fi-om die uses permitted
on the site; applicant must demonstrate availability of adequate water supply and
waste disposal systems;
5.3.18 If the Planning Board, determines that said site plan complies with the purpose
and specification of this bylaw, the Board shall approve the site plan with or without
4 Meeting of Febnary 3, 1999
conditions. If the Board determines the plan does not comply with the specifications of
this by -law, it shall be disapproved.
3.2.4 Recreation: A recreation facility owned or operated by a non - governmental agency
including some or all of the following uses: a golf course, riding stable, playground and
play fields, a swimming pool, tennis or basketball court(s). In addition, temporary
outdoor recreational events such as festivals or fairground type events may be permitted.
No revisions were made to the remaining articles.
Around ttre Table
Dr. Torman asked if there has been any further communication with the Industrial
Development Commission since the last report to the board. Mr. Burke advised the
board that the IDC is interested in working with the Planning Board and Zoning Board of
Appeals in presenting proposals to future town meetings. Board members indicated their
interest in meeting with ZBA members to discuss issues common to both boards. An
invitation will go out to ZBA to meet on March 31" at 8:00 p.m., with the agenda being
the same as previously discussed.
Mrs. Flynn asked if there has been any response regarding a request for a zoning change
on East Street since Paul Jodice's presentation. Mr. Burke advised the board that lie has
communicated the Board's concerns to Mr. DeGirolamo, who has submitted a petition
for the Annual Town Meeting and the board would be scheduling a public hearing for
March 17 °1 on this and all other citizens' petitions for zoning changes scheduled for
Town Meeting. Mr. Dolan stated that he would like to have available prior to the public
hearing a list of all other places the proposed development could be built if the zoning
amendment passes.
Mr. McShane asked for an update on the number of grandfathered lots left to be built.
Mrs. Flynn asked that she be included on the mailing list for future train station meetings.
Mr. Burke was asked if anything has happened with other senior housing proposals. He
advised the board that he just received a copy of a letter sent to the Board of Selectmen
by the Massachusetts Housing Financing Authority denying the Mahoney/Baker request
for Jackson Village Senior Housing and will provide the board with a copy of the letter.
Adjournment
Motion: To adjourn at 11:10 p.m.
(Torman- Dolan) 6 -0 PASSES
5 Meeting of February 3, 1999
Signature; f Clerk
a�
Date of Approval
Next Meeting: Tebruary 17,1999
Meeting of February 3, 1999