HomeMy WebLinkAboutmin of planning brd 6/9/1999Planning Board Minutes
June 9, 1999
Present: Marydee Flynn, Clerk; Mark Cook; Bernard J. Dolan; Scott A. Frank;
Thomas P. McShane and Kenneth H. Torman. Also present was Shaun P. Burke,
Director of Planning and Development.
The meeting was called to order at 7:30 p.m.
Motion: To nominate Mr. McShane as Acting Chairman in the absence of Mr.
French.
(Dolan- Frank) 6 -0 PASSES
Correspondence
Minutes of May 26, 1999
Motion: To approve as presented
(Dolan - Flynn) 7 -0 PASSES
2. Zoning Board of Appeals Applications
James Paulson for a Variance from Section 4.2.1 to allow for the addition
of a porch to an existing home located at 89 Charles Street with less than
the required front yard setback in an R -2 Zone
Motion: To send a negative recommendation to the Zoning Board of
Appeals because the applicant has not demonstrated any hardship.
(Frank- Flymr) 5 -1 with Mr. McShane opposed PASSES
Robert Arnold for a Variance from Section 4.2.2 Note 3, to allow for the
development of land located on Assessor's Map 30, Parcel 35 (between
Francis Avenue and Maple Street) with less than the required 75 foot
setback between an abutting residential use
Motion: To send a positive recommendation to the Zoning Board of
Appeals based on the fact that the shape of the lot constitutes a hardship,
conditioned upon the applicant providing the Zoning Board of Appeals
with evidence of buffering or a plan showing landscaping between the
building and the residential use.
(Frank- Torman) 5 -1 with Mr. McShane opposed PASSES
Carpet Concepts for a Variance from Section 4.2.2, Note 3, to allow for
the development of land, located on Assessor's Map 30, Parcel 35
(between Francis Avenue and Maple Street), with less than the required 75
foot setback between an abutting residential use
Motion: To send a positive recommendation to the Zoning Board of
Appeals based on the financial hardship in developing the land and, with
the landscaped buffer zone, it does not adversely affect abutters.
Meeting of June 9, 1999
(Frank- Torman) 3 -3 with McShane, Flynn and Dolan opposed
FAILS
INIotion: To send a negative recommendation to the Zoning Board of
Appeals because the applicant has more than adequate land to comply
with the zoning setback requirements and still do the proposed project.
(McShane - Flynn) 2 -4 with Cook, Dolan, Frank and Torman
opposed FAIL S
3. Notice of Public Hearing —
North Attleboro Planning Board
4. Notice of Public Hearings
— Attleboro Municipal Council
5. Notice of Public Hearings
— Sharon Board of Appeals
6. Notice of Public Hearing —
Norton Planning Board
7. Notice of Public Hearings
— North Attleboro Zoning Board of Appeals
S. Vision 2020 Task Force Meeting
Notice
9. "Inspector" newsletter of Weston & Sampson
10. Mansfield Airport Vegetative Management Plan meeting announcement
11. "TRANSReport" newsletter from Boston Metropolitan Planning Organization
12. The Beacon
13. Letter from Folkman & Zola requesting release of the balance of surety held
for Frain Estates, Frain Drive having been accepted by Town Meeting vote
Motion: To release the balance of surety held
(Frank- Dolan) 6 -0 PASSES
Site Plan Review —.30 Reservoir Street: Indoor• Skating Rink
William Buckley, Jr., of Bay Colony Group presented the revised site plan to the
Board, reviewing the changes that had been made to the site plan at the request of
the Board. These included:
changing the location of the bituminous walkway
addition of a "Stop" sign exiting onto Reservoir Street and a "Vehicles
Entering/Exiting" sign on an existing pole on Reservoir Street
existing vegetation added to the plan, with the notation "no cutting of trees
over 2 inches" in the area bordering Reservoir Street
notation added to plan to inspect and clean existing catchbasin
alarm system noted on plan
elimination of loud speakers outside the building
Also read was a letter from the applicant, Andres Gazzolo, addressing:
zoning ramifications of having a building on two lots owned by different
entities
functions at either of the facilities that would stress the available parking
arcade machines in the skating facility
Meeting of June 9, 1999
Mr. Frank noted the need for a variance even if Mr. Gazzolo owns both lots,
( pointing out that according to the Zoning By -Law, you can't build up to the lot
line regardless of who owns the lots. He further noted the Zoning By -Law does
not mention lot ownership, just lot lines. Mr. Burke suggested the Board, in
making their recommendation to the Building Inspector, mention the lack of
conformity to zoning.
Mr. McShane stated he is most concerned about how the facility will be operated,
as well as the number of parking spaces provided, pointing out that the capacity
of the rink is not noted. He said the parking requirements would be much
different if the facility is used for open skating than if it is used as a team skating
facility. Mr. Buckley assured the Board that parking is adequate and noted that it
would not be wise to create more impervious surface than is necessary.
Board members discussed safety concerns and ways to slow drivers down and
keep children on the walkway, rather than cutting through the parking lot. Mr.
Dolan suggested adding speed bumps. Mr. McShane said he would like to see a
barrier created that would direct people to the walkway.
Ken Tucker of Ken's Pro Skates asked if restricting the facility to "team skating"
would eliminate "stick practice." Mr. Buckley stated that is generally considered
part of team skating.
Motion: To send a negative recommendation to the Building Inspector because it
is the opinion of the Board that there is a violation of the zoning setback
requirements and the project needs a variance from the Zoning Board of Appeals.
Further, upon the granting of a variance , the Board requests the site plan be
amended to show:
a light on the side of the building by the walkway
at least one speed bump, but preferably two —one at each side of the walkway
leading from the "Bubble" parking lot to the rear of the new structure
addition of fencing and/or landscaping around the entrance to the walkway
and extending to the stone wall to direct pedestrians to. the proper point of
access
the occupancy permit to state the structure is for a "team skating facility" only
and that any change in use from a team skating facility would be contingent
upon a review of the parking and site plan requirements
(Frank - Flynn) 4 -2 with Cook and Dolan opposed. PASSES
Mr. Cook noted he is actually in favor of the positive recommendation, but voted
against the motion because lie does not believe the Planning Board should be
making a zoning determination, but rather should refer the situation to the Zoning
Enforcement Officer to make that determination.
3 Meeting of June 9, 1999
Mr. Burke added that he believes an extremely dangerous precedent is being set,
( as it is not the Planning Board's role to interpret the Zoning By -Law. He noted it
is the Board responsibility to raise the question and the Zoning Enforcement
Officer's responsibility to make the determination.
Mrs. Flynn asked that in sending the recommendation to the Building Inspector,
the request be made for him to advise us in writing within seven days of his
decision if he disagrees with the Board's recommendation, in accordance with the
provisions of Section 5.3.9 of the Zoning By -Law.
Site Plan Review for 4 Lawndale Road — Deer Park Real Estate Trust
(Serena Nardone)
Ralph Maloon of RIM Engineering presented the site plan for a proposed nail
shop in the B -3 Zone to be located in a 24 foot by 34 foot building to be
constructed a short way down Lawndale Road. He noted the building will be
surrounded by residences and will have the appearance of a house. There will be
four parking spaces out front and two in the rear for employees only.
Drainage was discussed, with Mr. Maloon noting that although the site is located
in the Canoe River Area of Critical Environmental Concern, they will not be
meeting the percentage of impervious surface area that would trigger a Special
Permit. He also noted that in the area of the site, Lawndale Road jogs out 30 feet,
which will result in the appearance of a very large front yard.
Mrs. Nardone said the building will be a pre - fabricated house that looks like a
ranch style home and has shutters on the front. She further stated there will be no
residential use of the building and there will only be two people working there.
Mr. McShane asked if the building could be converted to residential use if the
nail shop vacated the building. Mrs. Nardone replied that it could not be used for
residential, but perhaps a coffee shop or something.
Mr. Frank asked about signage and lighting. Mrs. Nardone said there would be a
small, non - illuminated sign on a post close to the street, but no additional
lighting, noting the area is currently so well -lit that it is possible to read a
newspaper after dark in her back yard.
Staff comments were read from the Planning Director, Police Department, Fire
Department, and Board of Health.
Nlotion: To send a positive recommendation to the Building Inspector
(Torman- Flynn) 6 -0 PASSES
4 Meeting of June 9, 1999
Around the Table
Mr. Dolan said it would be helpful to have the Building Inspector's comments on
site plans, in addition to the comments of other staff. Mr. Burke said he would
mention it to him.
Mr. Frank advised the Board of recent case law regarding the length of dead end
streets being within their discretion. He also asked about the stop signs that had
been required at the Stop and Shop gas station. Mr. Dolan said they are in place.
Dr. Torman asked what constitutes a "temporary" sign, noting there are still some
at Fontanini's building on North Main Street and at New England Tire on South
Main Street, in addition to other locations in town.
Mr. Dolan asked about the status of the Train Station. Mr. Burke said the Board
of Selectmen recently voted 3 -2 in favor of supporting the conceptual plan and
the project will now proceed to the final design stage.
Mr. McShane asked if the plan will include any element of the design that will
make the bridge crossing Chauncy Street more attractive. Mr. Burke said he
knows of no specific proposal at this time. Mr. McShane also asked about the
area proposed for busses at the Train Station. Mr. Burke said it is for mini-
( busses, such as those used by the Council -on- Aging. Mr. McShane stated his
concern that it will be used to operate a shuttle service to the Tweeter Center and
Great Waves.
Adjournment
Motion: To adjourn at 10:05 p.m. ( Torman- Dolan) 6-0 PASSES
Signature of/Clerk Date of Approval
Next Meeting: June 23,1999
5 Meeting of June 9, 1999