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