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HomeMy WebLinkAboutmin of planning brd 6/23/1999Planning Board Minutes June 23, 1999 Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; Mark Cook; Bernard J. Dolan; Scott A. Frank; and Kenneth H. Turman. Also present was Shaun P. Burke, Director of Planning and Development. The meeting was called to order at 7:30 p.m. Correspondence 1. Motion: To sign the Special Permit Plan for Griffin Farm (Flynn- Tonnan) 5 -0 with Mr. Dolan not present PASSES 2. Motion: To sign the Street Acceptance Plan for Fram Drive and Winslow Way, both of which were accepted at the Annual Town Meeting (Flynn Torman) 6 -0 PASSES 3. Minutes of June 9, 1999 Motion: To approve as presented (Flynn- Dolan) 5 -0 -1 with Mr. French abstaining PASSES 4. Letter from Perry DiMascio re: Keli Lane completion Mr. DiMascio advised the Board that road paving has been completed and requested that all landscaping activity be suspended until the water ban is lifted. Motion: To allow completion of landscaping in the fall with the condition that all unstabilized areas be raked out now and covered with 2 inches of bark mulch or wood chips. (Dolan - Flynn) 6 -0 PASSES 5. Notice of Public Hearing — Norton Planning Board 6. Notice of Public Hearings — Attleboro Planning Board 7. Notice of Public I-[earings — Attleboro Zoning Board of Appeals 8. Notice of Public Hearings — Sharon Board of Appeals 9. "Planning" magazine, June 1999 10. New England Planning ", June 1999 11. Request for Partial Release of Surety — Woodland Park Phase I Motion: To accept Mr. Clifford's recommendation and release $11 1,264.57 for work completed, leaving a balance of $174,476.79 which includes the 10% contingency (Flynn- Dolan) 6 -0 PASSES 12. Request for Partial Release of Surety — Mayhew Fann Meeting of June 23, 1999 Motion: To accept Mr. Clifford's recommendation and release $24,956.25, leaving a balance of $34,685.36 which includes the 10% contingency. (Flynn- Dolan) 6 -0 PASSES Mr. Dolan inquired about the status of the covered school bus stop and noted he would not vote to release any additional funds until such time as it is completed. 13. Request for Partial Release of Surety — Keli Green Estates Motion: To accept Mr. Clifford's recommendation and release $55,047.85 for work completed, leaving a balance of $23,654.78 which includes the 10% contingency. (Dolan - Flynn) 6 -0 PASSES 14. Memorandum from Dan Clifford recommending surety for Smithfield Estates be set at $37,520, which includes the 10% contingency. Motion: To set surety for Smithfield Estates at $37,520. (Torman - Dolan) 5 -0 -1 with Mr. Cook abstaining PASSES 15. Form J Releases for Smithfield Estates, with copy of check for surety attached Motion: To sign the Form J releases for Smithfield Estates (Frank- Torman) 5 -0 -1 with Mr. Cook abstaining PASSES 16. Forth J Releases for Mill Farm Estates, releasing lots 30, 31, and 38 -45 from the Covenant of Benjamin Flint et al, and Form I's, placing the same lots back under Covenant in his name Motion: To sign the Form J Releases for lots 30, 31, and 38 -45 and to accept the new Form I Covenant (Flynn - Dolan) 6 -0 PASSES 17. Zoning Board of Appeals Application of Joseph Ditchman as Agent for Colliers International for a Variance from Section 4.4.4.5 Materials and Section 4.4.4.6 Parking Spaces for retail and parking lot at 75 Chancy Street Mr. Burke noted the pavement was torn up several years ago to remove hazardous material. Following that operation, gravel was spread and compacted. Mr. Ditchman is now seeking relief from the paving requirements until the final design has been done for the Train Station project, which may again require tearing up of the pavement. Board members expressed their understanding of Mr. Ditchlnan's concern, but noted there is no provision to grant a "temporary" variance and, if a variance is granted, the owner of the property would never have to pave the lot. Meeting of June 23, 1999 Motion: To send a negative recommendation to the Zoning Board of Appeals because it is not possible to grant a "temporary" variance. Also, to note in the letter to the Zoning Board of Appeals that there is no letter accompanying the application authorizing Mr. Ditchman to sign as agent. (Frank - Dolan) 6 -0 PASSES ANR Plans (Approval Not Required) I A Form A Plan was submitted by Stan Feck, changing the lot line of Lot 12 of Woodland Park that was created as a detention easement, resulting in the creation of Lots 14A,15A, and 16A totaling 78,027 sq.ft. on Marshall Avenue. Mr. Burke noted the plan conforms to zoning and warrants endorsement. Motion: To sign the Form A Plan (Dolan -Cook) 6 -0 PASSES Public Hearing of Stan Feek for Consent to Re- petition Zoning Board of Appeals Mrs. Flynn read the notice of public hearing for Mr. Feck, requesting the Planning Board to review his former and current applications to the Zoning Board of Appeals, find that there is substantial difference between the two applications, and consent to his re- petition to the Zoning Board of Appeals within two years of being denied his previous variance request. Sandra White of 88 Tremont Street stated her opposition, noting the twenty foot right -of -way easement goes between her house and the house of her mother, located neat door. Mr. Frank asked who granted the easement. Mr. Feck said he believes the Whites did. Ralph Maloon of RIM Engineering said it was originally on a Form A when he divided land for Ernest White about twenty years ago. Mr. Feck stated he is looking for a twelve foot driveway on the twenty foot right -of- way. Mr. Frank pointed out to Ms. White that the Planning Board would only be determining whether this request is different than his previous request and at most would be giving him permission to restart the process. Motion: To find positively that there are specific and material changes to the plan with the new request for only one lot and the elimination of the long driveway previously requested, and to further consent to the re- petition to the Zoning Board of Appeals. (Dolan - Flynn) 6 -0 PASSES 3 Meeting of June 23, 1999 �CEM /Carpet Concepts Special Permit Continued Public Hearing The public hearing was reopened, with a request for continuation to July 14, 1999 being read. Motion: To continue the public hearing to July 14, 1999 at 8:30 p.m. PASSES Woodland Park Field Modifications Stan Feck, along with his engineer Ralph Maloon, met with the Board to review modifications to the Woodland Park approved plan that he deems necessary as the result of conditions in the field. His first request was to eliminate the sidewalk along Smiley Avenue in back of the church and instead provide a landscape buffer, as shown on the plan submitted with his request There is a sidewalk on the other side of the street. The second request was a letter from David and Betty O'Connor, also asking that the sidewalk proposed for that side of Smiley Avenue where it parallels the side of their property. The O'Connors pointed out that putting in the sidewalk would kill the trees they have along the side of their property and completely take away their privacy. Motion: To eliminate the sidewalk on the southwest side of Smiley Avenue from Edgewood to Chestnut Street, with the condition that a buffer of evergreens and other shrubs be planted behind the church property, shown on the plan as Cherokee Ltd., and stopping a little short of Edgewood Street to allow for proper sight distance. (Dolan -Cook) 6 -0 PASSES Public Hearing — Amendments to Subdivision Regulations The public hearing on the proposed amendments to the Subdivision Regulations was opened at 8:45 p.m. with Mrs. Flynn reading the hearing notice. Mr. Burke reviewed the proposed amendments: to eliminate fire alarm boxes as a required improvement by deleting Section 4.10 Fire Alarm System and Section 5, Paragraph 5.11 Fire Alarm System This amendment is the result of a request by the Mansfield Fire Department following vote of Town Meeting to fund a new radio signal system. • to amend Section 5.7 'frees, paragraph 5.7.4 be deleting "Acer campestre — Norway Maple" from the list of recommended street trees 4 Meeting of June 23, 1999 This amendment is the result of the Board receiving a report from Mrs. Flynn noting that Norway Maples is an invasive species that crowds out native maples. Motion: To close the public hearing (Dolan- Frank) 6 -0 PASSES Motion: To adopt the amendments to Section 4.10 Fire Alarm System, Section 5, Paragraph 5.11 Fire Alarm Systems, and Section 5.7 Trees, paragraph 5.7.4 (Dolan -Cook) 6 -0 PASSES Motion: To send a letter to Edward A. Sliney, Jr., Fire Chief, with a copy to Deputy Chief Bellavance, requesting the all existing fire alarm boxes be removed when they are disconnected for the new system. (Dolan- Frank) 6 -0 PASSES Around the Table Dr. Torman asked about the status of the Ridgeview appeal. Mr. Burke advised him that he received the typed interrogatories from Town Counsel today and, after a few corrections, they will be signed. ( Mr. Dolan reported that after all the discussion about the amount of traffic that would be generated by the Polaroid warehouse in Norton, he has learned they employ only sixty -three people spread over three shifts. Mr. Dolan also asked if the Board of Selectmen has had any recent communication with MassHighway regarding traffic mitigation efforts. Mr. Burke said he is not aware of any, but will request a status report from the Town Manager. Mr. Frank asked if Andres Gazzolo has tiled for a building permit or variance for his proposed indoor skating rink. Mr. Burke replied that in an informal conversation, Mr. Gazzolo told him today that he is not going forward with the proposal at this time. Mrs. Flynn said that she would like to see the Board work on an amendment to Section 4.2.2 Note 3 of the Zoning By -Law for presentation at a Fall Town Meeting. Mr. Dolan asked that the Board also take a look at retail uses in Industrial Zones. Mr. Burke said lie would draft a couple of amendments for their review. Adjournment Motion: To adjourn at 9:15 p.m. (Torman -Cook) 6 -0 PASSES 5 Meeting of June 23, 1999 Signature of Clerk Date of Approval Next Meeting: July 14, 1999 6 Meeting of June 23, 1999