Loading...
HomeMy WebLinkAboutmin of planning brd 3/31/1999Planning Board Minutes r � , °.�� E lt/ D I_ March 31, 1999 OFFICE ` 00 ONE 19 sI I!: L+ Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; Mark Cook, and Bernard J. Dolan. Also present was Shaun P. Burke, Direc ` ot( Planni aW Development. ' ITTS The meeting was called to order at 7:30 p.m. Correspondence 1. Minutes of March 17, 1999 Motion: To approve as submitted (Dolan - Flynn) 4 -0 PASSES 2. Special Permit Decision of Stephen A. Cunningham, 13 Park Street Motion: To sign Special Permit Decision (Dolan -Cook) 4 -0 PASSES 3. ZBA Applications: ■ Vincent and Carmela Tortora for a Finding in accordance with Section 3.10.4C to allow for an addition at 147 Central Street in an R -3 Zone Mr. Burke suggested the Board send a positive recommendation. Motion: To send a positive recommendation to the Zoning Board of Appeals because the addition will be 23 feet from the property line at its closest point. (Flynn - Dolan) 4 -0 PASSES ■ National Development of New England for a Special Permit in accordance with Section 4.2.2 for the expansion of a loading dock at 50 Hampden Road in an I -1 Zone Mr. Burke pointed out that the request is being made because the larger trucks making deliveries cannot make the turning movement and suggested a positive recommendation. Motion: To send a positive recommendation to the Zoning Board of Appeals. (Dolan -Cook) 4 -0 PASSES ■ Jeffrey A. Harnden for a Finding in accordance with Sections 3.10AB and 6.2.2.D for an addition at 320 South Main Street in an R -2 Zone Mr. Burke noted that in his opinion, a finding is not necessary because the proposed addition is a second story addition that is within the height limitations and will be over an existing living space. The footprint of the building will not be changed. He suggested a positive recommendation. Mrrtinu of Marrh 11 1999 Motion: To send a positive recommendation to the Zoning Board of Appeals, including Mr. Burke's opinion that a Finding is not necessary for the reasons stated. (Dolan -Cook) 4 -0 PASSES 4. Background information regarding Building Inspector's decision on Great Waves that was requested by Mr. McShane 5. Copy of letter to Karl Clemmey re: CVS recommendation to ZBA 6. Copy of Final Environment Impact Report for Great Waves 7. Notice of Public Hearing — Attleboro Planning Board 8. Notices of Public Hearings — Attleboro Zoning Board of Appeals 9. Notice of Public Hearing — Plainville Planning Board 10. Notices of Decisions — Attleboro ZBA 11. Notice of Public Hearing — Sharon Planning Board 12. Notice of Decision — North Attleboro Planning Board 13. Notice of Public Hearing — North Attleboro ZBA 14. The Planner's Library: topic offering and price list 15. "Community Links" newsletter of the National Sheriffs' Association 16. "Planning" magazine, March 1999 17. Memorandum from Dan Clifford recommending that surety for Woodland Park Phase 1 be set at $406,642.96 which includes the 10% contingency Motion: To approve the surety for Woodland Park Phase 1 at $406.642.96. (Flynn - Dolan) 4 -0 PASSES 18, Form J Releases for Woodland Park Phase 1 (Lots 5 -11, 21 -30, and 34 -45), with copy of check for surety posting attached Motion: To sign the Form J Releases (Flynn -Cook) 4 -0 PASSES 19. ZBA Decisions: • Krishna and Vimala Murthy for a Variance from Section 3.8.1 for the construction of a detached garage with less than the required sideyard setback at 470 Franklin Street in an R -1 Zone: Variance DENIED; Planning Board recommendation: 5 -0 NEGATIVE • Alex J. Skene, Jr. for a Variance from Section 4.2.1 for the construction of a single - family house at 18 Robyn Lane with less than the required minimum lot area and frontage in an R -1 Zone: Variance GRANTED; Planning Board recommendation: POSITIVE 20. Letter from MassDevelopment re: preliminary approval for revenue bond financing given to Amego, Inc. for projects located at 114 Rumford Avenue and 2 Morse Court 21. Copy of letter from the IT Group received by John D'Agostino re: removal of contaminated soil from Lots 35 and 44 within the Woodland Park Subdivision 22. Letter from David Lee of 18 King Arthur Way re: Great Waves 23. Letter from Department of Environmental Management announcing third round of Historic Landscape Preservation Grant Program 2 Meetino of March ll 1999 Joint Meeting with Zoning Board of Appeals Present from the Zoning Board of Appeals were Richard Devine, Chairman; Leonard Flynn, Eric Butler, and Olivier Kozlowski. Topics of discussion included: 4- Planning Board Recommendations: uhy are trey made, what information snouhl be hell3fud to the ZBA; svhy do their decisions dyer fionr the recommendations — Mr. Butler suggested that their decisions often differ because the Planning Board makes "academic" recommendations after discussing the applications, while the ZBA conducts a hearing and listens to the applicants plead their cases. He said in simple cases involving requests of homeowners, the ZBA doesn't always pay much attention to the recommendation of the Planning Board. In more complex applications, such as those involving industrial expansion, the ZBA relies more heavily on the Planning Board's expertise and technical understanding of the Zoning By- Law. In such cases, they would welcome even more information from the Planning Board. Requests that the Zoning Board sees on a regular basis that would suggest amendments to the Zoning By -Law might be in order In general, members of the ZBA consider the By -Law too complicated to understand. Mr. Butler suggested that based on the requests for variances they receive, residential sideyards and industrial lot coverage need to be reviewed and possibly amended to better accommodate the needs of people and businesses in town. It was suggested that perhaps there could be a sliding scale for sideyard requirements based on lot frontage. They face many requests for variances when people want to put additions onto older houses, and the lot width makes it impossible to meet the sideyard requirements in many instances. Mr. Flynn pointed out the problem also arises in newer subdivisions with lot frontage being calculated on the radius of the cul -de -sac, rather than using a lineal measurement. In granting these requests, ZBA members stated that they generally take into consideration the rest of the neighborhood and the way the house is placed on the lot. Another area they suggested be looked at is the 5 foot requirement for a detached accessory building, noting it is too close to the neighboring property. They frown upon granting variances to connect the principal residence to the detached garage built 5 feet from the property line, while others argue such variances should be granted because there is no additional encroachment. Also noted was that currently the tendency is to build out to the sides of the property, rather than adding to the back of the structure. i Mpminv nfMarnh 31 1999 Mr. Burke stated that he has a proposal that he is considering to have the Zoning By -Law recodified, noting the new version would result in a more i simple and understandable document. St. James Masonic Lodge Public Hearing The public hearing for St. James Masonic Lodge for a Special Permit to construct an addition to a residential dwelling at 186 South Main Street to be used as a lodge/meeting hall in an R -2 Zone was opened at 8:45 p.m. Mr. French explained to those present that the hearing would have to be continued because there were only four members present, and five members are needed to act on a Special Permit. Motion: To continue the public hearing to April 14, 1999 at 8:00 p.m. (Flynn -Cook) 4 -0 PASSES Compost Facility Site Plan Review Town Engineer Lee Azinheira presented the plans to the Board, showing a 44 foot high steel building with open sides to be located off Fruit Street near the Airport. He noted that the site is already paved, and no additional impervious surface will be added. The long building on the site will be used to house the screeners, while the large building will be for composting. The facility will allow the Town to go from composting six months of the year to twelve. He explained that in the past, the old compost was stockpiled on the site. The new composting methods meet DEP requirements and allow the material to be sold. In the past three years, 3,000 to 4,000 cubic yards have been removed. Two of the sludge landfills are already full, and the third is now being used. The cost evaluation calls for composting year- round. Mrs. Flynn asked if there would be lights on the building, if they have met with the neighbors, and how far the facility is from Route 495. Engineer David Field said there are lights on the site and minimal lighting inside. Mr. Azinheira said they have not met with the neighbors, but numerous public hearings have been held. The facility is about 349 feet from Route 495. Mr. Burke reminded the Board that they had made a recommendation on this project last year, prior to going to Town Meeting for funding for the project. He noted they are now acting in their role of "Municipal Clearinghouse." He pointed out there is no change in use or in the amount of impervious surface, and they are simply putting a roof over the operation to conduct the activity twelve months of the year. There will be no additional parking at the unmanned facility. Mr. Burke suggested the Board, under their Charter responsibility as the Municipal Clearinghouse, send a positive recommendation to the Board of Selectmen, as well as a positive 4 Meeting of March 11 1999 recommendation to the Building Inspector on the site plan. He also made the Board aware that the facility is located in an R -2 Zone with a building height limitation of 35 feet. The building as shown is 44 feet in height, so the Board can expect to see this go before the Zoning Board of Appeals for a variance. FAA approval is also necessary due to its proximity to the Airport. Motion: To send a positive recommendation to the Board of Selectmen and the Building Inspector because, as explained by Lee Azinheira, it is necessary for the Town to go to year -round composting. (Dolan -Cook) 4 -0 PASSES Around the Table Mrs. Flynn asked if the Planning Department has been approached by Target stores about building in the Golden Triangle, noting she had seen their trucks in the area. Mr. Burke said he is unaware of any interest or activity on the part of Target, stating they are locating in North Attleboro. Mrs. Flynn asked if any action has been taken on the request for additional parking for the elderly on the railroad right -of -way. Mr. Burke stated he is not sure whether they received permission from the Board of Selectmen and doesn't know the status of the request. Mrs. Flynn brought up fencing of dumpsters, noting that the Board had requested CVS to screen their dumpster with a board fence during site plan review. She stated she has been noticing an inconsistency in the screening of dumpsters and transformers at various locations throughout town, and asked that establishing a standard be added to the Planning Board worklist. She also asked that the Planning Board's recommendation to the Building Inspector on the Osco site plan be reviewed to see whether screening the dumpster and transformers was recommended and, if so, whether it was made a condition of approval. Mrs. Flynn also asked that the Board take a look at pedestrian access in the landscaping section of the Zoning By -Law. She noted the lack of pedestrian access from existing sidewalks, necessitating pedestrians to use the driveways intended for vehicular access. Mrs. Flynn asked if Mr. Burke had heard anything about a toxic spill at Eastern Container in the last two or three months. He stated he had not. Mr. French asked if CVS has given further consideration to the Board's request about lining up the driveways and other issues raised during site plan review. Mr. Burke said they have not applied for any additional permits and he hasn't heard anything further from them since their last meeting with the Board. 5 Meetino of Marnh "i 1 ON Mr. French also asked that the Board consider establishing a policy not to hold meetings on religious holidays, noting it creates an undue hardship for members and can result in the lack of a quorum necessary to conduct business. Public Comment Karl Clemmey stated he hoped the Planning Board would be attending the Conservation Commission's public hearing on Great Wave's Notice of Intent on Monday night. He also asked when the Board would be making their recommendations on zoning amendments to be presented to Town Meeting. Mr. Burke said it is scheduled for April 14`h, and that he was waiting for a written opinion from Town Counsel regarding the need to 're- advertise one of Mr. Clernmey's amendments. Mr. Clemmey advised the Board that he needed a letter from the Building Department this week for a mortgage company and was shocked that he had to pay a $50 Statement of Fact charge. He was advised that this is not a fee set by or approved by the Planning Board. Adjournment Motion: To adjourn at 9:30 p.m. (Dolan -Cook) 4 -0 PASSES Signature of Clerk Date of Approval Next Meeting: April 14,1999 6 Meetino of March 11 1999