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HomeMy WebLinkAboutmin of planning brd 3/3/1999PLANNING BOARD MINUTES March 3,1999 Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; Mark Cook; Bernard J. Dolan; Scott A. Frank; Thomas P. McShane; and Kenneth H. Torma".. Also present. J was Shaun P. Burke, Director of Planning and Development. The meeting was called to order at 7:30 p.m. Minutes of February 17, 1999 Mrs. Flynn asked that page 2, condition 2 reflect that "Mr. Folkman stated the Town Engineer..." and that the following sentence be added to the discussion regarding attendance on page 4 — "Some members expressed the need for compassion when extenuating circumstances necessitate a member's occasional tardiness or absence." Motion: To approve as amended (Flynn- Frank) 6 -0 with Mr. Mr. McShane not present. PASSES Memo from Board of Selectmen requesting attendance at March 10 °i meeting at 8:00 p.m. re: Landbank Article — Dr. Torman and Mrs. Flynn said they would attend. ZBA Applications: 1. Application of South Main Street Realty Trust (Karl Clemmey) for a Variance from Section 4.3.8 A.B.C. & D to allow for an off - street parking area located at 875 South Main Street in an I -1 Zone with no internal landscaping islands. Mrs. Flynn stated landscaping is needed for the cooling foliage, recharging the site, aesthetics, and other reasons, and the Zoning By- law should be adhered to. Mr. Burke suggested there is no hardship and the request is simply for a matter of convenience. He stated his doubts as to whether the Zoning Board of Appeals could legally grant the variance requested and suggested a negative recommendation. Motion: To send a negative recommendation to the Zoning Board of Appeals. (Torman -Cook) 6 -0 with Mr. McShane not present PASSES 2. Application of Richard Rys for a Finding per Section 3.10.4.13 of the Zoning By -law to allow for the alteration of a pre- existing, non- confonning single family home located at I Cherry Street in the R -2 Zone. Mr. Burke suggested the Board make a positive recommendation because the applicant has scaled down his plan considerably. Motion: To send a positive recommendation to the zoning Board of Appeals (Dolan -Cook) 7 -0 PASSES 3. Application of Sunoco, Inc., for a Variance from Section 4.7.1.1 of the Zoning By -law to install signs larger than allowed at 70 Copeland Drive in the B -3 1 Meeting of March 3, 1999 Zone. Board members expressed their concern about sign pollution in the area and noted that other businesses in the area have signs that conform to zoning. It was also noted that the business borders residential property. Mr. Burke suggested a negative recommendation be sent to the Zoning Board of Appeals. Motion: To send a negative recommendation, noting the board's concern about sign pollution and pointing out that other businesses in the area conform to zoning and that the property in question borders residential property. (Flynn - Torman) 7 -0 PASSES Notice of Public Hearing — Attleboro Planning Board Notice of Public Hearings — North Attleboro Planning Board Decisions — Attleboro Zoning Board of Appeals r SRPEDD "Regional Review" newsletter MassDevelopment 1998 Annual Report Citizen Planner Training Collaborative Spring 1999 Course Offerings Tufts University Summer Session 1999 Course Offerings The Baystate Road Program seminar announcement 147 Chauncv Street Continued Public Hearing / The Public Hearing was re- opened, with Mrs. Flynn reading correspondence received from Ralph Maloon and Lee Azinheira. Mr. Folkman clarified that the auto repair facility is a four -door, five -bay building and asked that the decision note it as such. Mr. McShane asked when the surcharging and signed landscaping plans would be available. Mr. Folkman said the engineering reports will be back in 6 -8 weeks and the decisions will then be made as to how they will deal with the site. He anticipated it world be 60 -120 days from the time they receive the engineering reports. With regard to the landcaping plan, Mike Hinchey will be adding his signature to the plan. Motion: To close the public hearing (Torman - Flynn) 7 -0 PASSES Motion: To approve the Special Permit for 47 Chauncy Street with the conditions agreed to for the following reasons: Dr. Torman: I am in favor because the project will be a big improvement to the downtown area and is being done in accordance with the Zoning By -law. Mrs. Flynn: 1 am in favor because the applicant has worked to bring the units into zoning compliance and has proposed to work cooperatively with the Town Engineer in improving and alleviating drainage in that section of town. 2 Meeting of March 3, 1999 Mr. Frank: I am in favor because the application meets the technical requirements, as well as the benefits outweigh the detriments and the project provides a fiscal benefit to the town by putting the property in a useful tax role. Mr. McShane: I am in favor because it revitalizes a vacant piece of land and the developer has agreed to extensive landscaping along Route 106 and has agreed to provide an operations plan for approval. Mr. Dolan: I am in favor for all the previously stated reasons Mr. Cook: I am in favor for all the same reasons. Mr. French: I am in favor because the proposal meets all the criteria of a special permit and will be an asset to the community. (Torman- Dolan) 7 -0 PASSES Form A (ANR) Plans David Larkin and Aldo Campodonico were present to answer any questions regarding their submission of a Form A plan to divide a 10.12 acre parcel of land on Balcom Street into two lots, one of which labeled "Not a Building Lot." Mr. Burke suggested the plan warrants endorsement. Motion: To endorse the Form A plan. (Dolan- Tortman) 7 -0 PASSES Attorney Charles Mulcahy was present for the review of the plan prepared by Tilton and Associates for Heath Development Corp. for the division of a 151 acre parcel of land located off South Main Street along the R -t Zone line with the intention of conveying the newly created Parcel 1 to an abutter. Mr. Burke suggested the plan warrants endorsement. Motion: To endorse the Form A plan. (Dolan -Cook) 7 -0 PASSES The board reviewed a Form A plan prepared by David Grant for the division of a parcel of land off Plain Street owned by Leslie E. Negus and containing 154,734 sq.ft. into two parcels, Lot 2 to have frontage on Lakeview Road. Mr. Burke recommended that the plan be endorsed. Motion: To endorse the Form A plan. (Flytm- Frank) 7 -0 PASSES 13 Park Street Special Permit Public Hearing The public hearing was opened with Mrs. Flynn reading the notice of public hearing, drainage information received from Ralph Maloon, and a letter from Frederick Rys of 16 3 Meeting of March 3, 1999 Park Street objecting to the granting of a special permit Stephen Cunningham explained to the board that he purchased the property, which was formerly the Heritage Baptist Church, in November of 1998 and has done extensive renovations. His intention is to create three apartments in the two -story structure. The first floor would contain one 3 -room apartment and one 4 -room apartment, with a common laundry area also located on the first floor. The second floor would be one large apartment where he and his family live. Other than landscaping and the creation of six parking spaces, there will be no changes to the exterior of the building. A building permit to perform the interior work has already been issued. Questions were raised regarding density issues and whether a variance is needed. Greg Abbott of I 1 Brian Lane spoke on behalf of the Cumringhatns, noting he had represented the seller of the property and the beautiful job the Cunninghams have done in repairing the structure. He also noted that he is granting them an easement from his property and is in favor of their request to expand the existing two- family structure to a three - family. Following discussion, board members decided it would be best to continue the hearing in order to get Town Counsel opinion regarding the building permit issued, the interpretation of the Building Inspector in issuing the building permit, and department head comment on the proposed plan. Motion: To continue the public hearing to March 17, 1999 at 7:45 p.m. (Dolan- Frank) 7 -0 PASSES Amendments Public The public hearing was opened with Mrs. Flynn reading the advertisement for the hearing which ran in the Mansfield News on February 12a' and 19`s. Each of the amendments had been previously reviewed and approved by the Planning Board, sponsor of the articles for the Annual Town Meeting. There was no comment received from the public. Motion: To close the public hearing. (Torman- Dolan) 7 -0 PASSES Around the Table Mr. McShane asked that the Planning Board be provided with a copy of the minutes of tonight's Selectmen's meeting regarding Great Waves. Mrs. Flynn passed out copies of the Building Inspector's letter of March 18, 1998 to Bruce Montgomery wherein Mr. Cook stated that it is his opinion a water park is an allowed use in the I -1 Zone. Discussion ensued regarding the effect and ramifications of prior and current Form A's endorsed for the parcels on which Great Waves is proposed to be located. Mr. McShane asked that the board be provided with a copy of Town Counsel's letter on 4 Meeting of March 3, 1999 which Mr. Cook's opinion was based. He also asked if the developer has put together or provided the Town with a staff flow chart for their development process. Mr. McShane also brought up the subject of a benefits package which could be forthcoming for the Town during the permitting process and asked that Mr. Burke check with surrounding towns where there have been large development proposals recently and see what has been offered to benefit those towns. Motion: To adjourn at 10:00 p.m. (Dolan- Frank) 7 -0 PASSES Signat e of Clerk v � Z/?? � Date of Approval I Next Meeting: March 17;1999 I 5 Meeting of March 3, 1999