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HomeMy WebLinkAboutmin of planning brd 112807 !,~ [' ,_.J I c., I::U Planning Board Minutes Q November 28,2007 u 25 /'; Q. Present: H. Thomas French, Chair; Fred Armstrong, Clerk, Doug Annino, Ken Tolman, 13 John DeMassi, Mike McClanahan N Alternate s : Ton Jodice, Beth Ashman-Collins 1.....2.....(:Cl~P~.......~ 1. October 24, 2007 minutes Motion: To approve as submitted (McClanahan-Armstrong) Six in favor. French abstained. PASSES 2. ZBA application for Variance - 31 Millfann Drive - Sideyard Setback Mr. DeMassi said there is no hardship shown on the plan and there is plenty of room to put the addition at the back of the house. Mr. Annino said he is concerned that the houses built on smaller lots in clusters and compounds are now coming back for expansion, which he said is a dangerous precedent and not what was intended when those developments were permitted. He noted the application says there will be a IS-foot sideyard setback, but the plan shows 10.5 feet. Mr. Burke said this was the first residential compound, so there were no building envelopes, and the setbacks varied throughout the subdivision. Motion: To send the ZBA a negative recommendation because there is no hardship to the land and this sort of relief would not be in keeping with the intention of the special permit (McClanahan-Annino) All in favor. PASSES 3. ZBA application for Variance - Mansfield Public Schools - Electronic Sign at High School. Mr. Burke said the proposed sign would be more than just text; it would do slideshows, video and animated text and graphics. He said that is a very busy street with a lot of new drivers, and a sign like this could be dangerous. Mr. Annino said he doesn't mind the size of the sign, but doesn't like the style. Mr. Burke said the Zoning By-Law prohibits flashing signs. Mr. Armstrong noted the application is for a dimensional variance. Mr. Burke said it is appropriate for the board to ask the ZBA if the illuminated sign is appropriate. Motion: To send the ZBA a negative recommendation because the board is concerned the electronic message board is inappropriate per ZBL Section 4.7.5, but the board does not have a problem with the size. The board also feels the style of the sign is inappropriate for the character of the school (Torman-Annino) Six in favor. DeMassi opposed. PASSES ,;c,:, ,,,-,,;:.:,'...'.-,::...,.,._,,....-.::.". ...,,,...,.,.,.:......,..:.:.;,>.. ,,,' ',.. ' ,"-. />-:;,:;:::,;...~~;~~,\~~~iWV::.\~';h4;"-..~,,'.f':':; ''', Mr. Sullivan explained the reconstruction of the Kingman Pond Dam, which runs from behind the Police Station to Spring Street. There are significant deficiencies at the site. Fulton Pond Dam was repaired about 1 0 years ago, followed by the Mill Pond Dam. He said this has been on CIP for a number of years, and the design has been funded by Town Meeting. The dam has a temporary fix that keeps water in the pond, but does not address the main structure itself. Mr. Sullivan said they have drawings for the reconstruction and hope to get construction costs by the end of the year, in order to provide Town Meeting Planning Board 1 12/3/2007 with numbers in the spring. They have had two public hearings with the Board of Selectmen and have Conservation Commission approval. Mr. Sullivan said eliminating the dam was considered. He said there were concerns from the abutters and a concern that eliminating the dam will dry up the pond. He said the other problem is the sediment in the pond from the Hatheway-Patterson site, so there may be hazardous materials in the pond. Mr. Sullivan said the Division of Dam Safety doesn't like trees on top of dams, but Mr. Sullivan said he would like to keep some of the existing trees in place. He said if they used sheeting on the water side of the trees, the sheeting would stay in place even if the trees were uprooted. He said they have limited space and in order to get the sheeting in, the trees would be damaged. He said he thinks the trees will have to be eliminated. Mr. Sullivan explained his proposed design increases the spillway, which would be a weir so water would go over the surface. He said the design would not be like the Fulton Pond Dam, which uses stop logs. He said they do not want to disturb the sediment at the bottom of Kingman Pond, which this design would accomplish. There will be a concrete wall a few inches higher than the existing structure, about 90 feet long, and will step up two feet with a 220-foot long auxiliary spillway. He noted the dam is surrounded by wetlands. The auxiliary spillway would come into use during the 100-year storm. There will be a concrete wall, one foot wide by four feet deep, to provide a water cut-off The rest of the area will be loamed and seeded. The rest of the dam will be 250 long and will be loamed and seeded; turf reinforced mat will be used to help the grass stay in place. Mr. Sullivan said there will be rip rap at the spillway. Mr. Sullivan said there is an existing gravel access drive off Spring Street, which would be the access route for the construction vehicles. That drive would remain as it is now after the construction is complete. Mr. Sullivan said the breaks where the elevations change will be a retaining wall. They are proposing a chain link fence with gates to prevent access. There will be exposed concrete, mainly at the spillway and training walls. Mr. DeMassi asked what the consequences would be if the dam were not fixed. Mr. Sullivan said the dam is on borrowed time now, and significant deficiencies were found in 1999. He said the whole project would have to be done at the same time. He said the towns are under more pressure from the Commonwealth to repair dams; he said more inspections have been done in the last few years. Mr. Jodice asked if the sediment has ever been tested. Mr. Sullivan said it has not been tested. He said the pond is downriver from the Hatheway-Patterson site, which is being cleaned, so that will not be adding any more contaminated sediment. He said it is best to leave the existing sediment undisturbed. Mr. Sullivan explained the Canoe River is the only ACEC because it feeds the town's aquifers and effects drinking water. Planning Board 2 12/3/2007 Mr. Sullivan explained the plan is to use the low flow outlet to drain the pond to summer levels, and excavating will be done in the area where the present dam is located. Mr. French asked if the existing dam would be removed; Mr. Sullivan said it would be. Mr. Burke said the immediate issue is one of public safety and protecting the residents downstream. Mr. Jodice asked what the town's liability is; Mr. Sullivan said the town would be liable. If something happened during construction, the construction company will be insured, with the town named as "additionally insured." Mr. Burke presented the board with a draft recommendation to the Board of Selectmen. Mr. DeMassi asked if construction hours should be addressed. Mr. Sullivan said it would be normal operating hours, which would be set with the contractor. He said there isn't much room on the dam itself to replace trees, but there will be room along the access drive. Mr. Sullivan said the Kingman Pond Dam isn't in a park-like setting, like the Fulton's Pond Dam, so he thinks a chain-link fence will be sufficient. Mr. Armstrong asked if wrought iron would require more maintenance; Mr. Burke said it would, but would be more aesthetically pleasing and wouldn't cost much more. Mr. Jodice asked how much this would cost; Mr. Sullivan said it would cost $550,000- 600,000. Mr. Jodice said he would like to keep the costs down as much as possible. Motion: To send the Board of Selectmen a positive recommendation on the reconstruction of the Kingman Pond Dam. It is the opinion of the Planning Board that this area is an important asset to the town. We strongly believe, therefore, that the revisions made to the plan are essential to it and base our recommendation on their inclusion in the project. The board voted unanimously to send you a positive recommendation on the plan for the reconstruction of the dam with the following suggestions: 1. Replanting of at least twenty (20) new trees to replace those being eliminated. New trees should be of a species indigenous to the area and be of the caliper suggested in Section 5.7 of the Subdivision Regulations, and be planted along the existing gravel access path from Spring Street. 2. A metal, wrought iron-like fence should be installed on top of the ''training walls" which run perpendicular to the primary concrete spillway weir. 3. Textured river rock facing should be provided to maintain the attractiveness of the exposed portions of the primary concrete spillway weir and ''training walls." 4. The stacking area shall be placed away from the homes to the parking lot area in an effort to eliminate the disturbance of existing vegetation, as shown on the plan. (Armstrong-McClanahan) Five in favor. DeMassi, Jodice opposed. PASSES Mr. French said he has missed one meeting and would participate, but not vote. Planning Board 3 12/3/2007 Ralph Maloon, RIM Engineering, said one of the issues that came up at the last meeting was sight distance. Mr. Burke said he received an email from Officer Lawson late this afternoon indicating he is satisfied with the sight distance revisions. ---- Mr. Maloon explained that looking northwest from the outlet of the site, sight distance is 700 feet. In the other direction, sight distance is 400 feet. However, there is a vertical curve in the road, and at 155 feet, you lose sight of the pavement, but would still be able to see a car. Mr. French asked the required sight distance; Mr. Maloon said it is 300 feet. Mr. Maloon said the second issue was proximity to the neighbors. He explained the changes will keep the construction outside the 100-foot buffer. The road has been shortened and the cul-de-sac is tight to the buffer, with one lot pushed around the corner. Mr. Maloon explained he has added Mary Dee Lane and those homes to the plans. The existing houses are about 45 feet from the property line; there will be a 25-foot common space and a 20-foot no-clear area, for a minimum distance of 85 feet between the existing houses on Mary Dee Lane and the new houses. Mr. Zola said the rear yard setback in the Rl zone is 40 feet, and they have provided at least that on all the lots. Mr. Maloon said the whole site is heavily treed. Mr. McClanahan said he has visited the site and agrees. Mr. Burke asked if the size of the cul-de-sac has changed; Mr. Maloon said it is still 160 foot diameter, but its shape has changed. Mr. Armstrong asked where the retention area has gone. Mr. Maloon said it has been moved to the large undeveloped lot. He said there would have to be another test hole done there. He said they could put a swale at the back of the proposed houses to funnel the water to the detention basin. Karen Karas, 16 Mary Dee Lane, said there have always been problems with runoff on her street, and water currently flows down the street. Mr. Zola said nothing they do on their site will impact the Mary Dee Lane situation. He said he would prefer not to have to go into the woods to clear; he would rather do the swale at the rear of the cleared area on the lots. Mr. Maloon said the swale at the back of the new lots may also help the Mary Dee Lane residents. Mr. Maloon said they are providing an unpaved access easement to the undeveloped land at the rear of the site and an access to the power lines. Mr. Maloon said the Water Department wants them to loop to Mary Dee Lane, which would benefit the Mary Dee Lane residents. Mr. Maloon noted Mary Dee is a private way. Mr. DeMassi asked if they tie in and have to tear up Mary Dee Lane, would they repair it? Mr. Maloon said of course they would. Mr. Burke explained the town would not repair Mary Dee Lane because it is a public way. Mr. Maloon said they would only have to dig up enough of Mary Dee Lane to find the water main. Mr. Zola said they Planning Board 4 12/3/2007 would do the connection and repair at no cost to the Mary Dee Lane residents. Mr. Maloon said they are planning to make the new road a public way. Mr. Burke said looping the main is a better solution, both for water use and public safety, than what exists on Mary Dee Lane now. Mr. French asked if there are any waivers requested. Mr. Maloon said they had requested 20 feet, but the board was uncomfortable with that, so they had discussed 22 feet. Mr. Maloon said they are requesting one sidewalk and sloped granite instead of vertical. Mr. Burke said the by-law was amended to require vertical granite curbing for maintenance purposes; a snowplow won't knock vertical curbing out. Public Comment Ms. Karas asked how the detention area works. Mr. Maloon said they have done soil testing to find out how rapidly the water will go into the ground. It is designed to take all the water from the road, driveways and at least the front half of the houses, with an emergency overflow that will go toward the power lines. He said the material is very porous with a two-minute perc rate. Water would stay in the basin for a few hours. Mr. Burke asked how long the 100-year storm would stay in the basin. Mr. Maloon said the water will get about two feet deep at the deepest; the side slopes are 3-1 and the basin is about 10,000 square feet. Ms. Karas said they have problems with mosquitoes and asked about standing water. Mr. Annino said this basin will dry quickly and not contain water. Mr. Zarek asked about additional plantings. Mr. Zola said by moving the road away from the existing homes, and because the site is heavily wooded, he believes they have addressed that issue. He said it doesn't make sense to remove existing trees to plant new trees. He said if a waiver was granted on the side of the road where there will be no houses, he could apply those trees to another part of the site. Mr. Annino said there should be street trees on both sides of the new road to create a canopy. Mr. DeMassi said there had been discussion about using those trees to help screen the neighbor on the corner of the new road and Bird Road. Mr. Zarek asked about the possible substation and whether that would impact the entrance to this subdivision. Mr. Zola said it would not. Ms. Karas asked to see where the houses would be placed on the lots. Mr. Maloon said there are building envelopes on the plan. Ms. Karas said she was concerned the houses could be placed at the rear of the envelopes, closest to the Mary Dee Lane residents. An abutter asked what would happen if the lots were clear cut. Mr. Burke said that would be a violation of the special permit, which the building inspector would enforce. Mr. Zola said they don't plan to clear cut the entire parcel, because they build one lot at a time, so if the homeowner wants the lot cut, they could do that. Planning Board 5 12/3/2007 Mr. McClanahan asked if these would be 5,000 square foot houses; Mr. Zola said he is not planning on that. -"""' Mr. Burke said the roadway could be offset and seek a waiver on the right-of-way width, which would provide the illusion of greater space and allow the houses to be closer to the new street and further from the existing homes. Board Comment Dr. Torman asked if the road has been shortened. Mr. Maloon said it has been and is now 528 feet to the center of the cul-de-sac. Motion: To continue the public hearing to January 23,2008 at 8:00 p.m. (McClanahan- Torman) All in favor. PASSES 12......CO~8pondence..contlnued 4. ZBA application for Variance - 19 Knight Way - Frontage and Lot Width/Depth Mr. French said the board saw this property a few weeks ago as a conceptual subdivision plan. Mr. Burke said they are seeking relief for two lots (the existing house and a new Montessori school) for frontage, lot width and depth. Mr. Annino said this would cause traffic problems. Mr. Burke said there is no hardship and does not meet any of the statutory requirements and suggested a negative recommendation be sent to the ZBA. Motion: To send the ZBA a negative recommendation because there is no hardship, the application does not meet any of the statutory requirements, this will cause traffic problems and will degrade the residential character of the neighborhood (Armstrong-Annino) All in favor. PASSES 5. Proposed revisions to elevations of Linens and Things at Mansfield Crossing. Mr. Burke said when they started to paint the building, the approved shade came out pink; they would like to change the shade. The fayade will not change. Mr. Burke said the new shade would blend well with the rest of the building. Motion: To approve the new color scheme based on the September 17,2007 plan (Annino-McClanahan) All in favor. PASSES 6. November 19, 2007 letter from Lew Holt, Bertucci's Restaurant re: air pollution unit. Bertucci's would like a temporary certificate of occupancy until the unit can be installed in January. Mr. Burke said he thinks that will be fine as long as the temporary certificate of occupancy is for time certain. Motion: To send the Building Inspector a recommendation to issue a temporary certificate of occupancy without a scrubber until January 30, 2008 (Annino-Armstrong) All in favor. PASSES 7. Meeting notices - Canoe River Aquifer Advisory Committee; North Attleboro, Norton, Sharon 8. The Beacon 9. Journal of the American Planning Association Planning Board 6 12/3/2007 Mr. Annino said he thinks the Bertucci's building is going to be disappointing and said the board should have looked harder at pedestrian movement at Mansfield Crossing. Mr. Burke said he met with the mall representatives and public safety staff to talk about internal traffic, pedestrian movement, and parking, and they will be looking at some options. He said part of the parking problem is that employees are parking at the front of the stores. Ms. Collins suggested there should be signage on Route 140 directing drivers to the mall and to downtown. Mr. Annino said he likes the emergency call boxes on the site. Mr. DeMassi said the parking problem in the LL Bean area is going to be even worse when the restaurant opens. He said he would like a seat count on each restaurant. Dr. Torman asked if the mall had been granted relief on parking; Mr. Burke said the ZBA granted them a variance. Dr. Torman asked if there is anyplace to create more parking. Mr. Burke said they could add parking on the Nordbeck land, which could be used for employee parking. Mr. DeMassi said he wants to see some effort on Weiner's part to get the Route 140 entrance issue addressed. Motion: To adjourn at 10:00 p.m. ( ) All in favor. PASSES Next meeting: Wednesday, December 12,2007 at 7:30 p.m. Wednesday, December 5, 2007 at 7:30 p.m. (Master Plan) ~ Planning Board 7 12/3/2007