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Planning Board Minutes r; r: (' C I V ED
April 23, 2008 '~~:_';:'-t\S OFfICE
Present: H. Thomas French, Chair; John DeMassi, Clerk; Doug Annino, Mike
McClanahan, Stan Feck, Tony Jodice, Donald Cleary, Alternate lOUR :,;:\1 - g P 2: 53
Shaun P. Burke, Director of Planning and Development
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Motion: To appoint Mr. McClanahan Acting Clerk
(Annino-Jodice) All in favor. PASSES
li2.CorrespolldeJl~e
1. Minutes April 9, 2008
Motion: To approve as submitted (Annino-Jodice) All in favor. PASSES
2. Public Hearing notices - North Attleboro, Norton
3. April 22, 2008 letter from Stan Feck, Perry & Feck LLC re: final release of surety,
Woodland Park II (Marshall Avenue) - $1,500 for street trees / April 22, 2008 memo
from Mike Ahem, DPW Special Projects Manager
Motion: To release the final surety from the Woodland Park II account
(Annino-McClanahan) All in favor. PASSES
Mr. Burke said he has received the draft Master Plan from Pare and will distribute it to
the board members. Mr. Annino asked about getting a better picture for the cover.
Mr. Jodice asked whether the board should think about the issue of wind turbines; Mr.
Burke said the research he has done indicate that to be effective, a turbine would have to
be 65 feet high and would need a certain amount of windspeed. He said it is something
that could be addressed in the Zoning By-Law. Mr. Annino said that would be an
eyesore and he wouldn't want to encourage it. Mr. Burke said there would also be an
issue with the fall zone and what kind of damage could be done in the event of an
accident. He said as energy costs rise, more people may become interested in this kind of
alternative energy source and it might be a good idea to address it in the by-law.
[Mr. DeMassi arrived at this time]
Ralph Maloon, RIM Engineering, explained the changes to the plans. A guard rail has
been added. Trees have been spaced at 25 feet along the right side of the road and the
trees on the left have been eliminated. The water main has been lowered in two spots.
The landscaped area has been moved to the right side of the road.
Mr. Zola said he has been told by the Mary Dee Lane homeowner's association that they
are in agreement about the easement. Brian Kuras, 16 Mary Dee Lane, said he is in
agreement with the water main easement crossing his land.
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Mr. French asked about the wetland retention location. Mr. Maloon said the retention
area is 100 feet from the wetland area and it is being done within DEP guidelines. He
said he is confident the wetland species will grow.
Mr. Burke said the Engineering Department is satisfied.
Carole Matthew, 108 Elyse Road, asked where this site is located. Mr. French said it is
right before the power lines.
Mr. Burke asked who would own the open space. Mr. Zola said the association would.
Mr. Burke presented the board with a draft special permit.
Motion: To sign the special permit as drafted
(Annino-McClanahan)
Jodice - In favor. The benefits outweigh the detriments, this will be a good fit for the
neighborhood, will raise house values in the abutting subdivision, will be fiscally positive
for the town, will have no negative impact on the general health, welfare or safety. The
looped water main will help improve water quality for the abutting subdivision. The
applicant has satisfied the board's concerns. There will be additional traffic added with
this subdivision.
DeMassi - In favor. The applicant has done a good job working with the board to make it
a good project, I appreciate how the applicant has worked with the departments to ensure
a safe entrance and sight lines, they have done a good job addressing the neighbors'
concerns about buffering, and looping the water main will improve water quality.
Annino - In favor. The applicant has worked with the board and created a development
that recognizes the neighbors' needs, has made concessions with drainage and buffering
for the neighbors, stayed away from wetlands, and has developed the piece in an adequate
fashion.
McClanahan - In favor. The benefits outweigh the detriments. I am happy about the
way the applicant has worked to buffer the abutters by moving the roadway and adding
plantings.
French - In favor. A cluster is a better alternative than a conventional subdivision for
this site, and will have less impact on the natural environment. The applicant has worked
with the neighbors on the water issue, which will improve safety and public service. The
applicant has also worked with the neighbors for additional buffering, and the benefits
outweigh the detriments.
5 in favor. 0 opposed. All in favor. PASSES
Motion: To close the public hearing (McClanahan-Jodice ) All in favor. PASSES
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Mr. French informed the applicant there are six members present and because this is a
special permit, five of six are necessary for approval. Conrad Decker, Drake Petroleum,
said he would like to proceed.
Mr. Decker explained the revisions to the plans since the last meeting. The site has been
redesigned so there are six gas dispensers under a canopy that is 42 feet wide by 89 feet
long. The building has been moved back slightly, and more landscaping added at South
Main Street to separate paved areas from driveway areas. There will be parking for 26
cars, which meets the zoning requirements. The berm has been raised and the landscape
materials changed. The stormwater capacity and configuration have not changed. The
open space to the south of the canopy has been widened and the raised berm wrapped.
Total open space for the entire site is 35%. The canopy lighting has been reduced to less
than 60 footcandles, and a revised photometric plan has been included. There is also a
photometric study to show lighting intensity for when the store is closed. There will be
four security lights, one at each comer of the building. All equipment will meet federal
EP A, Mass DEP and town regulations. Hours of operation will be 6 am to 12 am,
slightly longer when Tweeter Center is open. The plans include a detail of the
underground tanks and they have worked out mitigation to avoid impacts to abutters.
Mr. Decker said he has met with the abutter at 900 South Main Street and looked into a
monitoring system for inside and outside the house. He said the gas station's vapor
recovery systems will recover 95% of all vapor lost at the site. He said there is a minute
value that could migrate off the site. He said they could not find a way to put a
monitoring system inside or outside of the abutter's house that would detect that small
level of vapor, and there would be no way to attribute any vapor release to the gas station
because of all the existing traffic on South Main Street. He said as an alternative, they
prepared a spec for an air quality system to be installed inside the house with filtration
systems and electrostatic precipitators to accommodate the air quality inside. He said
they have come to an agreement with the abutters about the installation of this equipment.
Board Comment
Mr. McClanahan asked about the filtration system. Tom Hamilton, air quality engineer
with Occuhealth, explained there is an issue with two air quality contaminants, gas vapor
and particulates. Both cause problems for people with respiratory ailments. He said they
looked at the abutter's property and the environment inside the home, and said the best
way to control vapor is with a charcoal system and an electrostatic precipitator to
eliminate the fine particulates. This would be a system that could be used at any time of
the year, so even during large traffic events, the abutters could close up the house and use
this system to get clean air inside.
Public Comment
Mrs. Pimental said she thinks this system will work and she and her family are supportive
of this project.
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Department Head Comments
The clerk read a memo from the Engineering Department indicating their concerns have
been satisfied and a letter from the landscape architect describing the species to be used.
Board Comment
Mr. Cleary asked how this will affect traffic, especially with the lane drop. Dennis
Flynn, Earth Tech, said people going to the gas station will use the first driveway, and
there will be more traffic leaving the site. He said proper sight distance will be
accommodated, the turning movements are already happening, there will just be more.
Mr. DeMassi said Route 140 north of this entrance is three lanes, and becomes two at
Tweeter. He said nothing was proposed at this site for a right-turn only, which might
help the dangerous situation. Mr. Feck said that might cause more problems for drivers.
Mr. Flynn said drivers heading south have to know in advance about the lane drop, so
there would have to be additional signage and pavement markings. He said except for
Tweeter traffic, the volume is usually such that it could be done. Mr. Burke said in order
for Tweeter to expand, they had to widen Route 140. One of the reasons there were two
lanes after Tweeter was to accommodate right-turning traffic leaving Tweeter. He said
the unintended consequence is that the lane widening has turned Route 140 into a race
track. Mr. Burke said Mass Highway would have to approve any changes or signage.
Mr. DeMassi said doing that would remove his biggest objection. Mr. Burke said
eliminating the left turn movement out of the northern entrance will increase the safety of
this site dramatically. Mr. French asked if doing this would require road widening or
simply paint and signage. Mr. Flynn said the road at that point is about 30 feet. Mr.
Burke said Mass Highway has not issued the curb cut permit yet and has the right to
modify any local permits. He said he thinks if Mass Highway had serious objections,
they would have been brought up by now. Mr. DeMassi said he doesn't think making
that a right-turn only lane will impact the Tweeter traffic management plan. Mr. Annino
said he doesn't think Mass Highway will allow it. Mr. DeMassi asked if Mass Highway
could be asked about this alternative. Mr. Decker said the plans before the board have
been reviewed by Mass Highway; the only outstanding issue is curb cut permits.
Mr. Cleary asked about deliveries; Mr. Decker said they would be during the day. There
is a loading zone shown on the plan.
Mr. Jodice asked if this is the final phase of building on this site. Mr. Richard said it is.
Mr. Annino asked what kind of canopy lights if are proposed. Mr. Decker provided the
board with details. Mr. Annino asked if the lights could be flush mounted to avoid glare.
Mr. Danelik said they would be flush, flat glass.
Mr. Annino said he appreciates the landscaped island and asked to add a couple of
canopy trees. Mr. Decker said they didn't want to impact sight lines. Mr. Annino said if the trees were moved back 25 feet, they would not impact sight lines. Mr. Danelik said
that is only a six-foot wide island, which might not be enough for tree roots. Mr. Burke
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said street trees work in less space. Mr. Decker said he would add two trees to match the
ones on the other side, 25 feet back from the property line.
Mr. DeMassi asked about the non-native species proposed; Mr. Annino said he doesn't
think they will impact the natural growth.
Mr. Burke asked if the irrigation system extends to the planting beds. Mr. Danelik said
they didn't propose irrigation; Mr. Burke said there is a note at the landscaped island
showing irrigation. Mr. Annino said the board didn't want irrigation, but rather drought-
resistant, native species.
Motion: To direct Mr. Burke to prepare a draft special permit decision in the positive
with deference to Mr. DeMassi's traffic concerns (Annino-McClanahan)
Mr. Annino asked about the possibility of hiring a traffic consultant to look at the issue.
Mr. Burke said if the permit were granted and signed, there probably wouldn't be time
within the appeal period to have a consultant review it. Mr. Feck suggested the applicant
ask Mass Highway if it is possible, since it is their decision. Mr. Burke suggested
including it as a condition of the special permit. He said he doesn't think the issuance of
the permit should turn on that, because it could take months. Mr. DeMassi said it should
be the applicant's responsibility to work out a mitigation plan; he said the Mansfield
Crossing applicant had to do it, and this site also needs mitigation. Mr. Burke said the
Mansfield Crossing site went through the MEP A process, which this site did not have to.
He said this applicant has made the driveway a right-turn only, an improvement over the
original plan. Mr. DeMassi said he thinks the applicant should have to manage his site
using the existing driveway, not by adding a second driveway.
Mr. French asked what the daily trips for this site will be. Mr. Traffic said the total trips
into the site will be 3,579. This use will add 1,432 additional trips. Mr. French said they
would have to certify to Mass Highway that they do not have to file with MEP A.
Mr. Decker noted that if Mass Highway were to alter the approved plan, the special
permit could include a condition that it has to come back to Planning Board.
Motion amended to add condition - the applicant is required, as part of the final
submission to Mass Highway, to submit both this plan and an alternate plan showing the
alternate lane change for one lane into the second entrance on Route 140, and that any
changes made by Mass Highway to the approved plan have to come back to the Planning
Board for a modification to the special permit. The applicant must copy the Planning
Board on his letter to Mass Highway.
All in favor. PASSES
Motion: To continue the public hearing to May 14,2008 at 7:30 p.m.
(Feck-McClanahan) All in favor. PASSES
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Jim Burke, Precision Surveying, Inc., explained the 46-acre wooded parcel that was
previously subdivided. There is drainage and water installed, but they are proposing a
whole new subdivision. There are significant wetlands on the site, and they have filed an
ANRAD and will file a Notice ofIntent soon.
Mr. J. Burke explained there is 1,700 feet of roadway connecting Saddle Ridge to
Wayside Drive. They meet requirements for lot size and setbacks. The utilities that are
not being used will be abandoned; they will be cut at Saddle Ridge and tapped at
Wayside.
There is a shared septic system, with every house having a septic tank and will go to the
septic system by either gravity or by pump. They will all be private within the public
way, easements on the shoulders as much as possible. There will be no filling of
wetlands. Lot 12 will be owned by one homeowner and will contain the shared septic
system. Mr. J. Burke said there have been shared systems built. He said the Board of
Health is waiting for the final agreement before it approves the system. He said the
homeowner's association will own the system.
Mr. McClanahan asked if this should be a residential cluster and said the town shouldn't
be taking over the road.
Mr. J. Burke said there will be three Form A lots along Saddle Ridge that will be tied into
the shared system.
Mr. S. Burke said the Planning Board approved a subdivision plan on this land, which
was rescinded in 1989.
Mr. Feck asked if this site has been perced recently. Mr. J. Burke said the lots need to be
perced to be able to tie into the shared system. He said they have been perced and some
have passed under the new regulations. Mr. 1. Burke said the BOH regulations have
changed since this project began to not allow shared septic systems.
Mr. J. Burke said they would be asking for waivers for overhead wires, cape cod berm
and one sidewalk. Mr. French said he didn't think the board has ever given a waiver on
overhead wires. Mr. Annino said he wouldn't support the cape cod berm, either.
Mr. J. Burke said the only way he could see a cluster would be to overload the upland
areas. Mr. French suggested looking at clustering the lots together and providing some
open space. Mr. J. Burke said he would look at that. Mr. Feck said it would shorten up
the utilities if the lots were clustered together.
Mr. S. Burke said the by-law requires access through frontage on a way, but some of the
lots show shared driveways. He said lots with no practical access through their frontage
would be non-conforming and therefore non-buildable.
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Mr. J. Burke said he has spoken with Mr. Sullivan, who was concerned the plan didn't
meet the requirements for a preliminary filing. He said a lot of Mr. Sullivan's comments
deal with what would be required on a definitive filing.
Mr. J. Burke said he will file a Notice oflntent with the Conservation Commission.
Mr. French said the roadway alignment could be changed to make it shorter and in a
better location. Mr. J. Burke said the road shown on the plan avoids all the wetland
areas. He said there would be two retaining walls along the roadway.
Mr. Feck asked about vernal pools; Mr. J. Burke said there are four uncertified vernal
pools, and Natural Heritage has filed a letter on the ANRAD. Mr. Jim Burke said North
Attleboro abutters will have to be notified when the definitive plan is filed.
Mr. J. Burke said he wouldn't mind continuing the preliminary review. Mr. French said
the board usually votes on a preliminary plan and said the applicant needs to look at some
options. He suggested the applicant talk with Mr. Burke about the issues with the lots
and frontage, which ones would be buildable based on this layout, and based on that, look
at the cluster option with a lot of open space. Mr. Feck suggested getting the septic
system out of the roadway right-of-way.
Motion: To continue the preliminary review to June 11, 2008 at 8:30 p.m.
(DeMassi-McClanahan)
Mr. DeMassi asked if Route 106 would be done this summer. Mr. Burke said it is
supposed to be completed this summer. Mr. Feck said the problem was with Verizon, but
he has been told it will be done in June or July.
Mr. French asked that the XtraMart draft be sent to the members as soon as possible.
Motion: To adjourn at 10:30 p.m. (McClanahan-Jodice) All in favor. PASSES
Next meeting: Wednesday, April 30, 2008 at 7:30 p.m. (Master Plan)
Wrdnesday, May 7, 2008 at 7:30 p.m. (Planning Board)
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Date of Approval
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