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April 12, 2007 Meeting Minutes
PLANNING BOARD
MINUTES
April 12, 2007

Members Present:        Bob Davis, Mike Czarnowski, Ed Harrop, Jim Throckmorton, Stan Widak
Also Present:   Amy Love, Town Planner

The Plainville Planning Board held its meeting on Thursday, April 12, 2007 at the Town Hall.

Motion to open the meeting at 7:02 p.m. by Jim Throckmorton, seconded by Bob Davis,
approved 5-0-0.    

Bill McGrath introduced Matthew Mullally, the new representative from Earth Tech.
100 Taunton Street – Revisions to Site Plan
Present:  Dave Simmons, Angle Tree Consulting
           Jake Toner, Centennial American Properties

National Tire and Battery (NTB) will be the occupant of the building, and to accommodate their needs slight changes to the previously approved plan are required.  Mr. Simmons told the Board the building would be single story, 10,000 sq. ft., slab on grade.  The general circulation remains the same, with a one way traffic flow.  The 40 B apartment project in the rear will have a connecting driveway.  A drive thru for a coffee shop is operationally the same as what was proposed for the bank, however the setbacks have changed slightly.  Drainage is the same, however the impervious area went down slightly.  The revised project has received BOH and Conservation Commission approval.  The ZBA has granted special permits because the project is in a ground water protection district and 1000 feet from well site.  In response to concerns raised by the Board, Mr. Simmons explained how the maintenance would work.  Trench drains running the length of the doors, collect the water which is piped to a gas/oil separator connected to sewer – which has to tie in to a DEP approved industrial pre-treatment program at the plant.  Bill McGrath, Earth Tech, read his comments for items that weren’t already addressed.  He recommended altering the island to help direct traffic to the right.  In addition, the Board would like to see “No Parking” signage along the town easement for emergency access to the 40B project.  The Board received a copy of a letter from John Emidy stating his zoning opinion that the 10 spaces inside the building counted toward the required total of 40.  Motion to accept revisions to the site plan by Jim Throckmorton, seconded by Bob Davis, approved 5-0-0.

416 South Street – Revisions to Site Plan
Present:  Dana Clow, Advanced Concepts  

Mr. Clow informed the Board that since the last meeting he met with Calvin Hill and resolved the curb cut/sidewalk issues.  Mr. Harrop stated that he, Mr. Hill, and Gary Kettell had observed that the curbing is too far out on addressStreetSouth Street and marked off where it should be.  Mr. Clow will note the change on the as-built.  Bill  McGrath thought the circulation would work but suggested scored concrete instead of striping – and a stop sign at the turning movement.  He would also like to see a bump out island (consistent with 100 Taunton Street) and a stop sign at 1A.  Mr. Clow thought the latter unnecessary, but would abide by the Board’s decision.  Mr. Clow will seek ZBA approval for a reduction in the open space from 43% to 38% and to put in 8 additional angle parking spaces.  Motion to accept revisions to the site plan by Stan Widak, seconded by Bob Davis, approved 5-0-0.


Mirimichi Estates – Shortening of the cul-de-sac (addressStreetTurtle Brook Rd.)
Present:  Ed Brennan, Esq.

Mr. Brennan updated the Board on the status of the project.  His client has agreed to move the work out of the 200 foot riverfront buffer.  This means they lose two lots and will shorten the cul-de-sac.  The redesign will go to Earth Tech for review and they will re-file with the Conservation Commission.  Mr. Brennan requested that the Board consider this a minor modification.  Ms. Love will get an opinion from Kopelman and Paige.

General Business
The Board signed the Conditions of Approval for 80 Taunton Street.

The Board signed the Conditions of Approval for 142 East Bacon Street.

Motion to accept the covenant for Shepardville Woods by Jim Throckmorton, seconded by Bob Davis, approved 5-0-0.

Motion to accept the minutes of February 22, 2007 and March 8, 2007, as printed, by Bob Davis, seconded by Mike Czarnowski, approved 5-0-0.

Mr. Widak was reappointed as the Board’s representative to SRPEDD.

Motion to appoint Mike Czarnowski to the Streetlight Committee by Stan Widak, seconded by Bob Davis, approved 4-0-0.

ANR - Form A – Wampum Street
Mr. Harrop wanted the variance noted on the plan; he will sign it after.  Motion to approve with variance noted, by Stan Widak, seconded by Bob Davis, approved 5-0-0.

ANR – Amberfields Subdivision
Ms. Love reminded the Board that all of the houses are in Wrentham - only back yards and open space are located in placeCityPlainville.  Motion to approve by Stan Widak, seconded by Bob Davis, approved 5-0-0.

Motion to reelect Ed Harrop, Chairman and Jim Throckmorton, Vice Chairman by Bob Davis, seconded by Stan Widak, approved 5-0-0.

Discussion - Lowe’s/Tropical Tree Agreement
Andrew Cohn, attorney for Lowe’s, explained that they have not been able to come to an agreement with the DeVincent Bros./Boston Tropical Tree (BTT), as per the conditions of the site approval.  As a result, they have come before the Board to help them resolve the one sticking point that remains – that of providing utilities to the BTT site.  Mr. Cohn said Lowe’s commitment was to provide one connection each for water and sewer.  BTT hired Tilton and Associates to draw up plans showing two stubs for each – as well as two for gas (which were not part of the original discussion, but added to a subsequent plan presented to them).  Lowe’s told BTT that if they wanted additional connections, they could pay for them, and Lowe’s would take care of the installation and repaving.  Lowe’s position is that they’ve gone above and beyond what has been asked of them and they feel they’re being treated like a “wallet to be picked”.    

Stephen Clapp, attorney for the DeVincents, explained that since there are two separate building lots, they need separate utilities.   He also stated that the conditions call for connections for “all utilities”.  Since it was their understanding that they would be responsible for the permitting of the project, Steven DeVincent went to Jim Marshall (Water & Sewer) who drew a sketch of what was needed, and then had Tilton design the plan.  In a subsequent discussion with Lee Ross (W & S), he learned that there was a gas line on the street, so he had that added to the plan.  (He said Dave Simmons told him there was none.)  He said that Lowe’s told them that if the permit wasn’t in place by the time they were ready to start, the agreement was off.  
  
Mr. Cohn clarified that Lowe’s offered to take the permitting burden off BTT in order to expedite the project.  Mr. Simmons said the plan the BTT had submitted was flawed and since the project had already been delayed so long (the special permit was issued in January 2006) he had Rizzo and Associates draw up a new plan and submitted it to W & S.  He also objected to the contention that BTT didn’t know there was gas on the street since the line was put in two years ago while BTT was in operation – and it shows on all proposed plans for Lowe’s which BTT was copied on.  Regarding a separate condition, he said that addressStreetMass Highway will not consider a crosswalk until a traffic light is installed.  

Jim Marshall said that the Rizzo/Tetrotech was in the best interest of the town.  Chairman Harrop said that the Planning Board condition states that the sewer be installed according to W & S Commission’s requirements – and as far as he was concerned the case was closed.  Mr. Marshall told BTT that they have two connections now, so as long as they don’t have to go into the street, it’s a non issue.  Mr. Cohn clarified that Lowe’s will pay for the cost of trenching and repaving for one gas stub.  (BTT will negotiate directly with the gas company.)  BTT was told that two lots can be serviced off one line.  Mr. Cohn summarized the agreement and since Lowe’s would be taking over the permitting, asked BTT’s cooperation in providing information, easement access, and signatures as needed.  Chairman Harrop had all parties verbally agree to what had been decided.  

Motion to adjourn at 11:00 p.m. by Bob Davis, seconded by Mike Czarnowski, approved 5-0-0.   

Next Meeting:  May 10, 2007

Respectfully submitted,
Sherry Norman, Clerk


















 
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