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HomeMy WebLinkAboutPLANNINGbrd_5232012Planning Board Minutes May 23, 2012 W` C F Z V E 8 Present: Tom French, Chair, Tony Jodice, Don Cleary, James Ragazzo i (1' „j ?'; C1.i'i (7 OFFICE Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative Secretary 2911 JUN -8 A 8: 53 1•: li1GG!\LL l.ql \!.µ !V Vi µl.i [a!_ / [ V V 3 [ Motion: To appoint Mr. Cleary Acting Clerk Ir, C €j I IS E VT S (Ragazzo - Jodice) All in favor. PASSES 2:` Correspondence 1. May 1, 2012 letter from Perry DiMascio requesting final release of surety - Autumn Park Phase I and Phase II J May 23, 2012 memo from Mike Ahern re: several trees and shrubs will have to be replaced, recommending the release of all but $2,500.00 in each bond. Motion: To release all but $2,500 in each of the Autumn Park Phase I and Autumn Park Phase 11 bonds (Jodice - Cleary) All in favor. PASSES 2. Reappointment of SRPEDD Conunissioner Motion: To reappoint Leonard Flynn as the board's representative to SRPEDD (Jodice - Cleary) All in favor. PASSES 3. Discussion of proposed walking path around the pond at Mansfield Crossing Mr. Burke explained the property owner would like to install a walking path around the pond. The plan, for a stone dust path on a lower level than the existing paved area, has been filed with the Conservation Commission because it will cross three wetland areas. Mr. Burke said he does not believe the proposed path requires a modification to the special permit because it will not add any retail area to the mall. Mr. Jodice said he has received some complaints about the dumpsters at the mall being emptied in the middle of the night. Mr. Burke said that should not be happening and he will call Mr. Masiello. Mr. Ragazzo asked what impacts stone dust could have on the wetland areas. Mr. Burke said the Conservation Conuuission public hearing has been continued to get more information about the possible impacts of stone dust. He explained the developer does not want to use impervious surface or install drainage structures. Mr. French said lie thinks this is a good idea. Mr. Ragazzo said lie thinks the pond would be a good place for ice hockey. Motion: To find that the proposal does not require an amendment to the Planning Board special permit and to send the Conservation Commission a letter of support (Jodice - Ragazzo) All in favor. PASSES The clerk read the public hearing notice. Mark Cook, 28 South Walnut Street, explained his request to remove approximately twenty feet (20') of existing stone wall and the removal of one thirty inch (30 ") diameter Planning Board 1 6/7!2012 tree within the right -of -way for a driveway opening. Mr. Cook explained the tree has some rot and has been cleared about 40 feet above the ground to accommodate electrical wires. He said there is a drop in elevation from 152' at the street to 136.5' where the house will be. Mr. Ragazzo asked if this is Mr. Cook's proposal or the town's. Mr. Cook said this is his project, and the site will be his home. Mr. Cook explained he has received a variance and did an ANR plan to configure the lot as shown on the plan. Mr. French asked if Mr. Cook would be willing to replace the tree with a subdivision street tree -type tree. Mr. Cook said he would be, but said locating it will be a challenge. Mr, Jodice said he does not think the applicant should have to wrap the stone wall into the new driveway. Motion: To approve the removal of 20 feet of stone wall and one thirty inch (30 ") diameter tree within the right -of -way for a driveway opening at 424 Gilbert Street as described on the "Sewage Disposal System — 424 Gilbert Street" dated January 31, 2012, prepared by Hutchins- Trowbridge Associates, Inc. The applicant agrees to replace the tree in another location. (Ragazzo - Jodice) All in favor. PASSES Motion: To close the public hearing (Jodice - Cleary) All in favor. PASSES The clerk read a request from Mr. Feck to continue the public hearing to June 20, 2012 with the board's final action date to July 11, 2012. Mr. Ragazzo asked why the public hearing has been continued. Mr. French explained the applicant requested a continuance because there were going to be four Planning Board members at tonight's meeting. He explained a special permit requires five members, a super majority, to conduct a public hearing. Mr. Ragazzo asked if an applicant could continue a public hearing indefinitely; Mr. Burke said the applicant and board can mutually agree to continue a public hearing, but not indefinitely. He said it is important for the abutters to be kept informed about the continuances. Motion: To continue the public hearing to June 20, 2012 at 7:30 p.m. (Cleary- Ragazzo) All in favor. PASSES 4. Shea Circle and DiMascio Drive (Autumn to be signed. The streets were accepted as public ways at the April 24, 2012 Annual Town Meeting. Motion: To sign the as -built plans (Jodice - Cleary) All in favor. PASSES Meeting notices — Attleboro, Easton, North Attleboro, Notion, Sharon Planning Board 2 6/7/2012 Mr. Karl Clemmey said the SPREDD representative position should have been advertised. Mr. Clemmey said he attended a meeting this week with department heads who make over $100,000 a year. Mr. Clemmey said he paid $187,000 to pave sidewalks and curbing on West Street seven years ago and the town tore it up without notifying him. He said he will have to pay for an asbestos water and sewer line. He said he pays over $300,000 a year in property taxes. He said the board hasn't proposed a zoning article in several years. He said zoning articles should be explained better at town meeting. He said the people who work at his businesses pay taxes. Mr. Clemmey said the Planning Director should not express his opinion at Town Meeting; Mr. French said Mr. Burke was asked his opinion as planner. Mr. Clenuney said he thinks Mr. Burke is being vindictive. Mr. French said Mr. Burke was answering a question asked by someone at Town Meeting; Mr. Clemmey said that person did not have the right to do that. Mr. Bill Clemmey said the Planning Board voted 4 -3 not to support the West Street rezoning article, and said Mr. Burke gave his opinion, not the board's position. Mr. Bill Clennmey said the Planning Board supported the B3 article, and Mr. Burke spoke against it. Mi. Karl Clemmey said he will have his lawyer at Town Meeting next year. Mr. French said he thinks the board has been fair with everyone and gave a fair report to Town Meeting. He said he doesn't believe the way zoning articles are done at the end of Town Meeting is right. Mr. Cleary said department heads have the right to speak at Town Meeting. Mr. Burke said he would like to respond to Mr. Clemmey's concern. Mr. Cleimney left the meeting at this time. Mr. Burke explained he responded to a resident's question regarding a possible procedural defect, which had been directed to town counsel, and which town counsel had not answered. He said the statute speaks to whether a reasonable person would recognize the article being discussed on the floor of town meeting as being the same article that was advertised; he said because the proposal for an overlay district was introduced on the floor of town meeting, the answer was no. He said he has always spoken against the rezoning of the Casa Drive lots because the neighbors have always been against it, and said he feels his job is to bean advocate for all of the residents of the town. He said if at some point there is a compelling reason to rezone the area and the residents of that neighborhood support it, he would support it as well, but until that happens, he feels he must be an advocate for the neighborhood. Mr. Ragazzo suggested sending a memo to the Town Manager about town counsel not answering the question asked at Town Meeting, which Mr. Burke is now being criticized for answering. Mr. Ragazzo asked if there was a procedural defect in the article. Mr. Burke said in his opinion, there was. Planning Board 3 6/7/2012 Mr. Jodice said he agrees with Mr. Ragazzo. Mr. French said the Planning Board worked with Mr. Clemmey during the public hearing process, but Town Meeting makes the decision. Mr. Jodice said if it was not appropriate for Mr. Burke to answer a question asked by a resident, the moderator should not have allowed it. Mr. Jodice said he was disappointed in the way the B3 and B4 articles went; Mr. French said Town Meeting decides, and that the B4 article was reconsidered and failed. Mr. Jodice asked if that is something the Planning Board should consider proposing. Mr. French said the board could talk about that, possibly at a lower density. Mr. Burke said one of the questions asked at Town Meeting was whether the impact of three stories of residential above mixed -use buildings had been considered, and that may have hurt the article. He said there were a lot of people at Town Meeting who were there to oppose the residential redevelopment of the chocolate factory, who may have voted against that article. Mr. Burke said if the board feels strongly about it, the members should think about how it would like to go about it. Mr. Jodice suggested inviting residents in for an informal discussion. 7. Around the Table Mr. Cleary asked about making the alternates full members and looking for new alternates. Mr. French said the Board of Selectmen make those appointments, and suggested interested residents should contact the Board of Selectmen. Mr. French said the Planning Board did not have anything to do with the repaving of West Street, and there is a repaving schedule on the town's website. Mr. Cleary said there is a Del's Lemonade cart in the parking lot across from Sake at Mansfield Crossing. Mr. French said that should not be there. Mr. Cleary asked if there is a maximum length of a private driveway. Mr. Burke said there is not. Mr. Ragazzo said he recently visited Asia Grill and the owner told him he has been very well treated by the town. Mr. French said he has heard the development 321 School Street will begin soon. He said the developer of 2 -4 North Main Street has received a variance for the proposed mixed -use building. Motion: To adjourn at 8:30 p.m. ( Ragazzo- Jodice) All in favor. PASSES Next meeting: June 6, 2012 at 7:00 p.m. Signature of Cler�, t f- . Date of Approval Planning Board 4 6!712012