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HomeMy WebLinkAboutmin of planning brd 05072008 -, Planning Board Minutes 0c\VED . May 7, 200~ ','''In' ~~'~RKS OfFiCE. Present: H. Thomas French, ChaIr; John DeMassl, Cler~\StairFecK, Tony Jodlce, Donald Cleary, Alternates tH\~ \ S P 2: \\ 2 Shaun P. Burke, Director of Planning and Development lnn.. ._ .... · ',"~; \"" I D )C, h"lf :...1- !\.'-' ..... Motion: To appoint Mr. Jodice Acting Clerk (Feck-Cleary) All in favor. PASSES Mr. Barrows explained the status of the regional sewer plan, a combination of communities that are currently connected - Mansfield, Foxboro and Norton. He said in the 1980s, towns had the option to create a regional sewer district, but both Foxboro and Norton rejected the idea. After that, Mansfield was forced by DEP to take both towns as customers. The sewer plant is located in Norton, but Mansfield owns the land and the right-of-way. Mr. Barrows said sewer capacity is a significant issue, and the existing intermunicipal agreements with Norton and Foxboro will end in 2010 and 2011. Mr. Barrows explained the regional solution would depend on whether the communities could come to an agreement, and if the system could get a waiver from DEP regarding interbasin transfer. Traditionally, he said it has always been each town's responsibility to take care of its own sewer issues, but because the three communities share the same basin, he said it makes sense to work together. Mr. Barrows said the process has started to bring all the players together to begin working on this system. On March 13,2008, the Water Resource Commission granted the waiver for interbasin transfer. Town Meeting approval is needed to authorize the establishment of the regional authority. Mansfield will relinquish ownership of the plan, and Foxboro and Norton will participate at the same level they do now. The regional sewer authority will be to operate and maintain the plant, and will have no oversight of any infrastructure other than the physical plant. The people employed in the three towns will still be responsible for their own town's infrastructure. Mr. Barrows said the Town of Mansfield will save about $9 million if this is successful. Operation and maintenance costs will also be reduced significantly. Mr. Barrows said he has a number of meetings set up to talk about available state funding; additional sewer capacity will mean potential job growth, so that may help secure funding. Mr. Barrows said they are studying two parcels that would be purchased by the authority for recharge. He said the three Boards of Selectmen and Water Commissioners have unanimously agreed to pursue the authority. There will be three articles at Town Meeting: to create a regional sewer authority, which will require legislative approval; to allow the three Planning Board 1 5/8/2008 communities to begin renegotiating the intermunicipal agreement; and to create the sewer districts. Mr. French asked if the town makes money from the other two towns now. Mr. Barrows said there is no profit in it for Mansfield. He said each community will pay proportionate to its own flow, and each town will be in charge of its own flow. Mansfield will have 2.39 million gallons per day, Foxboro 1.275 million gallons per day, Norton .83 million gallons per day. Mr. Barrows said there is also some capacity built in for Wheaton College. He said there is also some in place for Easton, which would not be a member of the authority, but may participate. Mr. French asked if Mansfield would be paid for the infrastructure that goes through town. Mr. Barrows said it would not. However, he said if another town puts too much flow into an area and it affects Mansfield's capacity, there would be a charge. Mr. French suggested the interceptors be put under the authority so any problems can be shared by the communities. Mr. French asked if the Town of Mansfield paid millions of dollars when this was built in the first place. Mr. Barrows said it did, but 90% was reimbursed. Mr. French asked if it was reasonable for the town to be paid back for that investment. Mr. Barrows said he thought that might be counter-productive. Mr. Cleary asked if this would result in fewer town employees at the plant. Mr. Barrows said they haven't gotten that far. Mr. Cleary asked about the commission; Mr. Barrows said it would have seven members, three from Mansfield and two each from Foxboro and Norton, and a super-majority of five would be required. Mr. Barrows said any appropriations for operations and maintenance will have to go to Town Meeting. Mr. Barrows said there is a proposal in Foxboro for 121 parking spaces at the Foxboro side of the Hatheway-Patterson site for Foxboro residents. The clerk read a request from the applicant's representative to continue the public hearing. Motion: To continue the public hearing to May 14,2008 at 8:00 p.m. (Jodice-Cleary) All in favor. PASSES [Mr. DeMassi arrived at this time] Bill Buckley, Bay Colony Engineering, explained the 7.5 acre parcel ofland off Winter Street, about 'l4 mile from Franklin Street near Piasecki Drive. There is currently a Planning Board 2 5/8/2008 single-family house on the parcel with an out building. The property has an intermittent stream to Whiteville Pond, about 300 feet off the back property line. The wetland line has been flagged and determined to be bordering vegetative wetland. The site is in the R1 zone and is near the ACEC and the Zone II. Mr. Buckley said the preliminary plan shows a four-lot conventional subdivision. The existing house is at a crest in Winter Street. The site drops off to a field at the back. The soils are coarse, sandy gravel. No groundwater was found in lO-foot test pits, which had two-minute material. They hit groundwater higher in the area near the wetland. The proposed roadway is 24-feet wide, with a sidewalk on one side. There are no sidewalks or curbing on Winter Street. Mr. DeMassi suggested the sidewalk be on the side with three houses, instead of the side with one. Mr. Buckley said they could do that. Mr. Feck asked if the cul-de-sac could be pulled back and the road made shorter. Mr. Buckley said the road is 525 feet long, and in order to meet the frontage and lot width requirements, the road had to be that long. They also had to meet the Conservation Commission's 50-foot no disturb zone. Mr. DeMassi asked if relief could be granted for lot width. Mr. French said it could be. Mr. French asked if they had considered a cluster. Mr. Buckley said he has discussed that with Mr. Burke, who encouraged it. He said the property owners wanted to do a conventional subdivision. Mr. French said because this is in the ACEC and Zone II, it would be beneficial to reduce the amount of impervious surface by reducing the road, clustering the houses and leaving some open space. Mr. Buckley said he had spoken with Mr. Burke about 20 feet of pavement, no sidewalk, a hammerhead and moving the lots closer together. Mr. Burke said he suggested buying the strip between this parcel and Piasecki Drove and doing Form A lots on Winter Street and Piasecki Drive. He said there would be wetland issues on the Piasecki Drive side. Mr. Burke said every lot has to have frontage on a way, and lots cannot share access through common driveways. However, he said if there is frontage on a public way and the lot can gain access another way, that can be done. He said a lot doesn't have to be accessed through its frontage. Mr. French suggested looking at a cluster development. He said he didn't think the board would grant a waiver for a hammerhead on a public way. Mr. Burke suggested considering a residential compound, which would be a private way. Mr. Feck asked how far Franklin Street is from the proposed entrance. Mr. Buckley said it is about 1,000 feet. Mr. Feck asked about adding sidewalk from Winter to Franklin. Mr. Burke said he wasn't sure the width of Winter Street could handle a sidewalk. Planning Board 3 5/8/2008 Mr. Buckley said the cul-de-sac radius is 70 feet. He said he would speak with the Fire Department about what it would require. Mr. Feck said he has recently spoken with the Fire Chief, who said he wouldn't want a radius smaller than 40 feet. Mr. Burke said any open space would probably stay in the homeowner's association, since the town or NRT doesn't own anything nearby. Mr. Cleary asked about Patrolman Lawson's comments; Mr. Buckley said he disagrees and said the road is at the top of the vertical curve, which is a good place for the road. He said some trees on the property would have to be cleared, but they will have 200-300 feet of sight distance in both directions. Department Head Comments The clerk read comments from Electric, Police, Fire, Conservation and Engineering. Mr. Burke encouraged a cluster or compound. He said Engineering asked for a gravel road to the drainage easement, but said the town doesn't maintain those things regularly enough to warrant building a gravel road across someone's lot. Mr. DeMassi asked about drainage. Mr. Buckley said soils are really good, but the site is in a Zone II, so they want to maximize recharge. He said there will be a catch basin system flowing downhill from Winter Street, two catch basins to an underground infiltration system and outfall to a drainage easement to intermittent stream. There will be a water quality inlet before the water gets to the outfall. Drainage will all be underground and there will be no basins. Mr. Burke said if the road is reduced, the drainage would have to be reconsidered. Mr. Buckley said if that were done, the system could be significantly reduced. He said in a residential compound without curbing, he could use swales, put the catch basins off the edge of the pavement and remove the water quality inlet. Mr. Burke said with a residential compound, the system should be simple and inexpensive for the homeowners to maintain. Mr. Cleary asked about looping the water. Mr. Buckley said Mr. Gaffney called him about looping the water to Piasecki Drive. Mr. Buckley said there are wetland issues between the new road and Piasecki Drive that would make that hard. Mr. French said there are some problems with residential compounds because the town doesn't hold surety on them, and many homeowners do not know what they are buying and then come to the town when there are problems. He said this site may be better suited to a residential cluster. Motion: To continue to July 9, 2008 at 8:00 p.m. (Feck-DeMassi) All in favor. PASSES I <ForJll...A..(ANRl...'.J.'lan8 Gilbert Street - Mr. Burke explained the board has already approved a six-lot subdivision, Gilbert Park, on this site. This plan seeks to create a lot out of part of the remaining land. Mr. Burke said the lot has adequate frontage and area. Motion: To endorse the Form A (Feck-Jodice) All in favor. PASSES Planning Board 4 5/8/2008 13..Cor..espond~n~~ I. Minutes April 23, 2008 Motion: To approve as submitted (Jodice-Feck) All in favor. PASSES 2. The Beacon 3. ZBA application for Variance - 10 Brookside Drive. Sideyard setback for a new roof over the existing patio, which is in the setback. A variance was granted for the patio in 1979. Mr. Burke said this would increase the existing non-conformity. Mr. French said if the roof were brought back one foot, it could be a finding. Mr. Jodice said there is no information about the location of structures on abutting properties and no locus shown on the plan, Motion: To send the ZBA a negative recommendation because there is not enough information about structures on abutting properties, there is no locus on the plan and this would increase the existing non-conformity. The applicant may wish to consider reducing or eliminating the new non-conformity and reapplying as a finding. (DeMassi-Feck) All in favor. PASSES 5. ZBA application for Finding - 1775 West Street. The applicant proposes to rebuild the house and increase the size of the structure and connect the existing garage. The new footprint will be larger than the existing house. Mr. Burke said the existing lot is non-conforming for a number of things. He said the size of the proposed house is significantly larger than the existing house; the question is whether that is substantially detrimental to the neighborhood. Mr. Feck said this would be a benefit to the neighborhood because the house will be more valuable. Motion: To send the ZBA a positive recommendation (Feck-Jodice) Four in favor. One opposed. PASSES 6. ZBA application for Appeal of the Building Inspector's Decision - 200 Gilbert Street - Omnipoint. The application was for a 150-foot monopole in 12 zone, for which the Building Inspector denied a building permit. Mr. Burke said the Zoning By-Law is very clear that a monopole is not an allowed use in this zone. The application says the Telecommunications Act exempts them from zoning. Motion: To send the ZBA a recommendation to uphold the decision of the Building Inspector. The Planning Board has reviewed the Building Inspector's decision and the Zoning By-Law, which specifically says a communication tower such as described is specifically prohibited in this district. Based on that, we feel the decision of the Building Inspector should be upheld. (Feck-Cleary) All in favor. PASSES Mr. Burke said Town Meeting is May 20. He said there appears to be no money in the budget for capital projects, so there may discussion about a debt exemption. He said decisions may have to be made about what is most important, like life safety items. Mr. DeMassi asked about long-term planning. Mr. Burke said some departments can do that because they can plan for what equipment will have to be replaced, and some cannot. Planning Board 5 5/8/2008 Mr. French said the board will vote its warrant article recommendations on May 14 and asked for volunteers to deliver them to Town Meeting. Mr. DeMassi asked about Route 106. Mr. Burke said the underpass "boat" will be replaced; it has been bid and will be done in the near future. He said during construction, there will be one lane open at all times. Mr. DeMassi asked what determines the threshold for site plan review. He noted the former Christmas Barn on East Street did not go through site plan review. Mr. Burke said the Zoning By-Law addresses site plan; he said because there is a day care center being built on that property, it is exempt. Mr. Jodice said he attended a Zoning Board of Appeals meeting and thought it was useful. He said it might be a good idea for the two boards to attend one another's meeting periodically. Motion: To adjourn at 10:00 p.m. (Jodice-Feck) All in favor. PASSES Next meetings: Wednesday, May 14,2008 at 7:30 p.m. (Planning Board) Tuesday, May 20,2008 at 7:00 p.m. (Town Meeting) Wednesday, May 28,2008 at 7:30 p.m. (Master Plan) ~ /rcrfOr Date of Approval Planning Board 6 5/8/2008