Zoning Board of Appeals
Business Meeting
September 20, 2006
Present: Bruce Simpson, John Burke, Lorraine Sweeney, Martin Murphy,
Robert Garrity, Michael Kulesza, Elissa Flynn-Poppey (7:50 p.m.)
Absent: No one
The duly posted meeting of the Zoning Board of Appeals convened at 7:35 p.m. in room 105C at the Norfolk Town Hall.
Vouchers were signed by the members.
Preview applications – The Board reviewed an application, dated September 19, 2006, from Liberty Norfolk Development II, LLC for two special permits in accordance with Sections F.7.e. and F.7.b.12. The project is for the reduction in the number of parking spaces and front yard parking for a proposed Stop and Shop supermarket. No one was present to represent the applicant. The Board determined that the application was complete. Mr. Garrity made the motion to accept the application and to schedule the public hearing on this matter to October 18, 2006 at 8:00 p.m. Mrs. Sweeney seconded the motion. The vote on the motion was unanimous. Attorney Corey Wilk from Goulston and Storrs arrived after the vote of the Board and was apprised of the date and time of the public
hearing.
The Board reviewed the final draft comprehensive permit for Norfolk Landing. Also present during this discussion was Sarah DelMastro, an abutter to the project. It was noted that an emissary from Norfolk Landing presented a lotting plan to the staff this evening. The emissary was instructed to send a copy of the lotting via overnight mail plan to Attorney Dan Hill, the Board’s special legal counsel in this matter. The Administrative Assistant reported that she received a phone call from Attorney Hill who asked that if the Board reviewed the draft and voted this evening to hold off on having the document stamped by the Town Clerk until October 2nd, the expiration date of the extension granted by the applicant. It was noted that MaHousing approved the decision just
recently. This will also give Attorney Hill an opportunity to review the information on the lotting plan. Another outstanding issue is that the applicant owes funds to replenish the review account. Attorney Hill had included a condition in the decision that this fund shall be replenished in the amount of $10,000. At present the outstanding invoices amount to $2400. The Administrative Assistant noted that she has made several attempts at collecting money from the applicants.
Mrs. DelMastro noted that she heard a rumor that the property is for sale. The Board reported that they heard the same rumor. The Board stated that the permit will go with the land and the project will be bound by the comprehensive permit. Mrs. DelMastro reviewed the lotting plan submitted this evening.
After the review of the comprehensive permit draft, Mr. Garrity made the motion to grant the comprehensive permit to Norfolk Landing LLC. Mr. Burke seconded the motion. The vote on the motion was as follows:
Robert Garrity - - - yes the grant
John Burke - - - - - yes to grant
Martin Murphy - - - yes to grant
Michael Kulesza - - yes to grant
Lorraine Sweeney - -yes to grant
Bruce Simpson - - - yes to grant
The vote on the motion was unanimous to grant.
Mr. Burke presented his revisions to the minutes of August 16, 2006. Mr. Garrity signed the revised minutes.
Mr. Simpson noted that the Affordable Housing Committee is making great progress preparing an affordable housing plan. The final document is in its final stages.
Zoning Bylaw Study Committee update – Mr. Simpson noted that he attended the most recent meeting of the Zoning Bylaw Study Committee. Mrs. Flynn-Poppey made copies of the two zoning bylaw proposals that were voted by the Zoning Bylaw Study Committee. Mrs. Flynn-Poppey noted that she will keep the Zoning Board apprised of the date and time of the Zoning hearing to be held by the Planning Board. It was noted that the Zoning Bylaw Study Committee was making their submission to the Advisory Board this evening.
Mrs. Flynn-Poppey noted that one zoning article would reduce the required number of parking spaces. She noted that she voted positive on this proposal. The reduction in the number of parking spaces would allow for more green space. The second proposal was to eliminate the frontage road requirement along Pine Street. All of the entities along that street have had to comply with the frontage road requirement. It was noted that if the frontage road was laid out as required but not constructed, this is the only district in the town that allows front yard parking. Mrs. Flynn-Poppey noted that she raised the concern of the impacts from the development of Patriot Place in Foxboro. She noted that the development will probably generate extra traffic per week in that general area. The proponent, the Kraft family, is proposing a retail center, a movie theater, a hotel and restaurants for Patriot Place. There is a concern that traffic would be through the residential neighborhoods in
Norfolk.
Mrs. Flynn-Poppey passed out the correspondence from member Robert Bullock which included the two articles that passed that were discussed at the Zoning Bylaw Study Committee. One proposal would be to eliminate the special permit requirement for front yard parking in the B-1 zone. Another zoning proposal would eliminate the requirement for the Planning Board to approve the final site plan for a development prior to the issuance of an occupancy permit. The proposal would have the building inspector sign off on the final site plan. Mrs. Flynn-Poppey stated that she and Mr. Nicodemus would research other town’s requirements. Mrs. Flynn-Poppey noted that she asked the Committee if the subject of any zoning proposals be submitted to the membership prior to the meeting. She noted that the Zoning
Bylaw Study Committee will now be meeting every month. She noted that the ZBSC meeting was very productive and asked for input from the entire Zoning Board of Appeals. Mr. Simpson thanked Mr. Murphy and Mr. Garrity for their past service on the Zoning Bylaw Study Committee. It was noted that it was not an easy responsibility to serve on the committee.
Another zoning revision discussed by the Committee was to change the requirement in the B-1 district to allow front yard parking without a special permit from the Zoning Board of Appeals. The B-1 district would be the only business and commercial district in the town where this would be allowed.
Mrs. Flynn-Poppey will apprise the Board members of the date of the zoning hearing.
It was noted also that an article was going to be placed on the Town Meeting Warrant to adopt the legislation to allow special permit authorities the ability to miss one or two meetings of a particular public hearing and still be allowed to vote on that matter.
The Board noted that they have scheduled Pine Creek Development for October 18 at 7:45 p.m. The project is before the Conservation Commission. It was reported that Graves Engineering from Worcester, MA is conducting the review for the Commission. The Board was informed that the next Conservation Commission meeting on that matter was scheduled for October 25. The Board will draft a letter to Pine Creek Development asking them if they wish to have the public hearing continued to November 15. The Board noted that they opened the public hearing on this matter on August 16 and upon the request of the applicant’s attorney continued the hearing to October 18.
Mr. Burke made the motion to close the meeting at 8:15 p.m. Mrs. Sweeney seconded the motion. The vote on the motion was unanimous.
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Robert J. Garrity, Clerk
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