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
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Date of Approval
I Next Meeting: March 17;1999 I
5 Meeting of March 3, 1999