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Home My WebLink Aboutmin of planning brd 7/28/1999Planning Board Minutes July 28, 1999 0 - Present: H. Thomas French, Jr., Chairman; Marydee Flynn, Clerk; Bernard J. Dolan; Thomas P. McShane; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development. f The meeting was called to order at 7:30 p.m. ANR (Approval Not "Required) Rlans� � '" � � � : -�' Five ANR Plans were presented on behalf of The Park at Great Woods, each plan dividing a different parcel of land lying within the towns of Mansfield and Norton, with the new lot line being the town line. Plan 1 — Motion: To endorse the plan. (Dolan - Flynn) 4 -0 with McShane not present PASSES Plan 2 — Motion: To endorse the plan (Dolan - Flynn) 5 -0 PASSES Plan 3 — Motion: To endorse the plan (Dolan - Torman) 4 -0 -1 with McShane abstaining PASSES Plan 4 — Motion: To endorse the plan (Dolan - Flynn) 4 -0 -1 with McShane abstaining PASSES Plan 5 — Motion: To endorse the plan (Dolan - Torman) 4 -0 -1 with McShane abstaining PASSES CEM/�ar et "Conee is S ecial.Permit ContinnedYubh "Hear ng t Mr. Burke advised the Board that as of late that afternoon, Town Counsel's opinion was received. Mrs. Flynn read a request from Michael Trowbridge on behalf of the applicant requesting the hearing be continued to August 11a' at 8:15 p.m. with renotification of abutters. John and Robert Arnold stated they were present, expecting the hearing to move forward and asked for a copy of Town Counsel's letter. The copy was provided and they were advised to speak with Mr. - Trowbridge regarding the continuation. Motion: To continue the hearing to August 11, 1999 at 8:15 p.m. (Dolan - Torman) 5 -0 PASSES RicfiardMorse Sketch Plans for. Sub�ivisrorrofTand `offElm,Streef" Richard Morse was present to discuss options for a parcel of land off Elm Street, showing the Board various sketch plans prepared by Ralph Maloon and a Form A Plan drawn in 1966 when three lots were created. Mr. Morse said he is attempting to create two lots of the size required at the time the Form A Plan was 1 Meeting of July 28, 1999 approved and donate 60,000 sq.$. of land to the Town in the area of the wellsite. He stated it would be a two step process and that he is looking to develop two front lots now and the back land at some other point. Without the ability to develop the two front lots now, he stated he may have to develop the back land sooner. Various options were discussed, with the Board agreeing to take the matter under advisement and asking that the information be sent out in their next packets. Correspondence Zoning Board of Appeals Applications: Application of John and Susan Thomas for a Sideyard Variance from Section 4.2.1 of the Zoning By -Law to add a garage and enclose a deck at 7 Nelson Way in an R -1 Zone Motion: To send a negative recommendation because the request derogates from the intent of the Zoning By -Law and the applicant is able to add a one car garage without the need for a Variance. (Flynn - Dolan) 3 -2 with French and McShane opposed PASSES Application of Town of Mansfield for a Variance from Section 4.4.4.5 and 4.4.4.5 for a gravel parking area with no striping at the Plymouth Street Recreational Complex in the I -1 Zone Motion: To send negative recommendation because with the number of cars using the lot, an unpaved surface will create excessive amounts of dust during hot, dry weather and mud carried out onto the roadways during wet weather. In addition, it is the opinion of the Planning Board that the Town should assume a leadership position in adhering to its own regulations. (Flynn- French) 4 -2 with McShane opposed PASSES Application of Robert Fredette for a Variance from Section 4.2.1 for two residential lots with less than the required lot width located easterly of the house at 358 Fruit Street in the R -2 Zone Motion: To send a negative recommendation because lot width is important to the Planning Board and granting the variance from this requirement seriously derogates from the intent of the Zoning By -Law. (Flynn - Torman) 5 -0 PASSES 2. Memo from Mike Ahern recommending surety for Stillbrook Farm be set at $68,445.00, which includes the 10% contingency Motion: To approve surety of $68,445.00 (Dolan - Torman) 5 -0 PASSES Form J Release for Lots 2 through 8, Stillbrook Farm Motion: To sign the Form J Release (Flynn- Torman) 5 -0 PASSES 2 Meeting of July 28, 1999 4. Request from Karl Clemmey for agenda time to discuss Water Capital Charges/Response from Tom French — schedule for August I Ph at 8:00 p.m. 5. Zoning Board of Appeals Decisions: Carpet Concepts for a Variance from Section 4.2.2, Note 3, for the development of land located between Francis Ave. and Maple St. with less than the required 75 foot setback between the abutting residential use. DENIED; no Planning Board recommendation (3 -3 in favor; 2 -4 opposed) Robert Arnold for a Variance from Section 4.2.2, Note 3, for the development of land located between Francis Ave. and Maple St. with less than the required 75 foot setback between the abutting residential use. DENIED; Planning Board 5 -1 in favor 6. Minutes of July 14, 1999 Motion: To approve (Dolan - Flynn) 5 -0 PASSES 7. Form J Release for Lots 1 through 9 Donald Estates — Confirmatory release; original Form J referenced wrong plan book Motion: To sign Form J (Flynn - Dolan) 5 -0 PASSES 8. Legal opinion from Town Counsel re: Classic Court Residential Compound 9. Vision 2020 Survey summary 10. Updated Building Limitation Report 11. Memo from Shaun Burke re: Site Plan Approval 12. Notice of Public Hearings — Attleboro Planning Board 13. Notice of Public Hearing — Foxboro Planning Board 14. Decisions — Attleboro Zoning Board of Appeals 15. "Planning" magazine, July 1999 16. "New England Planning" July /August 1999 17. "Journal of the American Planning Association" Summer 1999 18. "The Beacon" Summer 1999 �arioeRive;r 1Vlodriicafion Yu�lic Hearing � , >f j � � '" :� _.<_ � �, Bob Babcock of Dunn - McKenzie Engineering noted the plans have been revised to incorporate the Town Engineer's drainage suggestions. He also provided additional information requested by the Board regarding the comparative impervious surface in the hammerhead turnaround (6,470 sq.ft.) versus the full cul -de -sac (15,100 sq.ft.). He noted they are requesting an additional waiver to install bituminous curbing on the hammerhead to blend into the existing bituminous curbing. The back edge will be Cape Cod berm to allow snow to be ( pushed up over the edge. 3 Meeting of July 28, 1999 Bill McDermott and Jim Burke, both of Canoe River Drive, stated their objections to the hammerhead turnaround, noting their opinion that a cul -de -sac is better aesthetically. Discussion ensued regarding the possibility of decreasing the size of the full cul -de -sac and other alternatives. Mr. McShane said it was of no benefit to the Town to allow the creation of an additional lot and suggested it should be done through a Form A Plan separately. Motion: To deny the request for modification. (McShane - Flynn) 2 -3 with Dolan, French and Torman opposed FAILS It was noted that there already is an approved subdivision plan and that approval cannot be taken back. They can proceed with the construction of the cul -de -sac shown on the plan and can create a Form A Plan, dividing the one parcel into two lots. Several motions were suggested, all of which were withdrawn or reconsidered. Shaun Burke suggested that if the Board is looking for a smaller cul -de -sac, it would be appropriate to ask the applicant if he would like to request a continuance to allow him to come back with a new design, rather than have to resubmit and readvertise for a new public hearing. Mr. Babcock requested the hearing be continued to the next available date. Motion: To continue the modification public hearing to August 11° at 8:30 p.m. ( Torman- Flynn) 5 -0 PASSES Mr. French suggested that Board members review the information presented and postpone the discussion until the September 80' meeting. Mrs. Flynn said she would like the Board to take a look at the Industrial Zone in the area of the Train Station and Hatheway and Patterson. Dr. Torman inquired as to the status of the trash at River Edge Estates. Mr. Burke said he visited the site with the Health Agent and there is no evidence of anything being buried. Mr. Burke gave the Board an update on the meetings held with Norton regarding the Bike Path. Mr. Burke advised the Board that the Great Waves site plan review is set for the ( August 25°' Planning Board meeting, Discussion ensued as to the procedure to be 4 Meeting of July 28, 1999 followed, reserving a room of sufficient size, who should be in attendance representing the Town, and whether the meeting should be televised. Adjournment.; hsj r� xr The meeting adjourned at 11:45 p.m. D4A� 'J�Jd4'e i g // 9 9 Signature o Clerk Date of Approval Next Meeting:: August 11;1949 Meeting of July 28, 1999