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HomeMy WebLinkAboutmin of planning brd 07092008 F,"f.,- (':::-; V~D ..:L~.i-' l-. .~ -:-: ':"/C' July 9, 2008 ;J:""i:,;I'\;::, OFFICE Pn~s~nt: H. Tho~as French, Chair; Michael McClanahan, Stan Flik., trtP~ald Cle~ OhvIer KozlowskI and Shawn MacDonald, Alternates uti ,.vi) 8 ,A. q. 33 Shaun P. Burke, Director of Planning and Development 1',1;' \! ~'~ ; c' , l: t, ;;'" t -1i ,0 t.,]:".~ (:::\C:':IJS[.YTG Planning Board Minutes 11. Meeting called to order at 7:30 p.m. Mr. French welcomed Mr. Kozlowski and Mr. MacDonald as alternate members. Motion: To appoint Mr. McClanahan Acting Clerk (Cleary-Kozlowski) All in favor. PASSES 1.2.Corresponden~e 1. June 4, 2008 minutes Motion: To approve as submitted (McClanahan-Cleary) Three in favor. Kozlowski, MacDonald abstained. PASSES 2. June 11, 2008 memo from Mike Ahern re: final release of surety - Shawmut Avenue Extension Motion: To release the remaining surety (McClanahan-Cleary) All in favor. PASSES 3. ZBA application for variance - 24 Leonard Street - carport within 10-foot setback from main structure. Mr. Burke explained a lO-foot separation is required between the primary and accessory structures. He said while this does not meet the statutory requirement for the grant of a variance, as a practical matter, the carport will not have the same sense of bulk as an enclosed addition. Mr. Kozlowski asked if the deck makes a connection between the house and the carport. Mr. Burke said the two structures will likely not be touching. Motion: To send the ZBA a positive recommendation because it will fit in with the character of the neighborhood. The board suggests the ZBA clarify the question of whether the carport, deck and house are all one structure (McClanahan-Cleary) All in favor. PASSES 4. ZBA application for finding - 35 Lantern Lane - sideyard setback for deck. Mr. Burke explained this is a finding for an existing deck. Motion: To send the ZBA a positive recommendation because the deck already exists (McClanahan-Cleary) All in favor. PASSES 5. July 1, 2008 letter from Sandra Levine, Chairman, Board of Selectmen to Donald Cleary re: appointment to Planning Board 6. July 1, 2008 letter from Sandra Levine, Chairman, Board of Selectmen to Olivier Kozlowski re: appointment as Planning Board alternate 7. July 1, 2008 letter from Sandra Levine, Chairman, Board of Selectmen to Shawn MacDonald re: appointment as Planning Board alternate 8. July 8, 2008 request for release of surety from Perry DiMascio - Autumn Park Phase 1/ July 9,2008 memo from Mike Ahem recommending the release of $11,203.00 Motion: To release $11,203.00 from the Autumn Park Phase I bond (McClanahan- Cleary) All in favor. PASSES Planning Board I 8/7/2008 9. July 8, 2008 letter from Perry DiMascio requesting a revision in the surety amount to be posted for Autumn Park Phase II due to completed work 1 July 9, 2008 memo from Mike Ahem recommending the new surety amount be revised to $262,055.64 1 Photocopy of July 9, 2008 check for $262,055.64 from Perry & Feck, LLC Motion: To set the new bond amount for Autumn Park Phase II at $262,055.64 and acknowledge the receipt of the surety (McClanahan-Cleary) All in favor. PASSES Motion: To sign the Form J Release on Lots 3-10 (McClanahan-Cleary) All in favor. PASSES 10. Meeting notices - Norton, Sharon 11. The Beacon I 3. Form A (ANR) Plans The clerk read a request from the applicant to continue the public hearing. Motion: To continue the public hearing to August 6, 2008 at 8:00 p.m. (McClanahan-Feck) All in favor. PASSES Bill Buckley, Bay Colony Engineering, introduced Attorney Frank Spillaine, representing the estate. Mr. Buckley presented the preliminary plan he showed the board at the last meeting, with a conventional plan showing a cul-de-sac roadway off Winter Street. There is a bordering vegetative wetland on the north side of the site that runs to Whitesville Pond, so the development had to pushed away from that wetland. The conventional lots would have to be 60,000 with 37,000 square feet of upland each, which all the lots meet. Mr. Buckley said with this plan, there would be a lot of roadway and sidewalk, which would not connect to anything. Mr. Buckley said he looked at a residential compound plan showing four lots and a private drive with a hammerhead. Three of the lots are clustered on the side of the road away from the wetlands, with the existing house in its current location. He said he could also do a small cul-de-sac, which would allow a fire truck to make its turn. Mr. Buckley said the dedicated open space would be about four acres, or 53% of the whole lot, with three acres of upland. There is a small strip of town-owned land between the Dutton land and Piasecki Drive. Mr. Buckley said he doesn't forsee any drainage structures or manholes with this plan, but rather gentle swales on either side of the road and a small berm at the back for the water to dissipate. He said the soils are excellent. Planning Board 2 8/7/2008 Mr. Buckley said he also looked at a cluster development with a 40-foot radius cul-de-sac and no island, 20 feet of pavement instead of 24 feet, sidewalk on one side, bituminous concrete sidewalk and bituminous curbing where vertical granite is required. Winter Street has no existing sidewalks and is a relatively narrow roadway, with no curbing in this area. Mr. Buckley said the Conservation Commission or other non-profit would be offered the 3.8 acres of open space. Drainage would have to be a more conventional underground drain system with infiltration because it would be town-owned. Mr. Buckley said the conventional would have 535 feet of road and 29,000 square feet of roadway pavement; the cluster would have 450 feet of road and 18,000 square feet of pavement; and residential compound 360 feet of road and 9,000 square feet of pavement. Mr. Kozlowski asked why the open space wrapping around the site. Mr. Burke said the open space should provide a buffer around the site to protect the neighbors and provide uninterrupted open space. Mr. Buckley said these lots would be on septic. Mr. Feck suggested the road on the cluster plan could be shortened and the bubble pulled back, which would allow the same number of lots. Mr. Buckley said he had originally planned to make the offset bubble a full circle, but it would have been too close to the wetlands. Mr. Feck said pulling the bubble back about 150 feet and making it a full circle would result in two nice lots at the end. Mr. Buckley said he would look at that. Mr. Buckley said the Dutton family likes the idea of big lots in a traditional subdivision, but he said they would be willing to do the smaller lots in a cluster or a compound if it can be done well and if it minimizes the impact to the environment. Mr. Buckley asked for the board's thoughts on the waivers. He said this site is in the Zone II and ACEC with wetlands and an intermittent stream, so there are mitigating factors. Mr. Spillaine asked if the board has a preference between the cluster and the compound. Mr. French said the town has less liability and maintenance on a compound because it will stay private. He said there have been issues with compounds because people don't understand they are buying into a private way and are responsible for the maintenance. Mr. Burke suggested the board could require a surety on compounds and do the road inspections; Mr. French said he would be concerned that would leave the town liable. Mr. Feck said he thinks the compound by-law was intended for a different kind of parcel than this, where a traditional subdivision road couldn't be done, but said this site seems to warrant a traditional road. He said this site would be good for a cluster with a short road. Mr. French said he doesn't have a problem with sidewalk on one side, but it should be concrete and the entrance should have a granite rounding. He said Mr. Buckley is correct about the ACEC and wetland issues, but he would still be concerned about precedent. Planning Board 3 8/7/2008 Mr. MacDonough said starting with granite and changing to bituminous within the site could look strange. Mr. Buckley said if the road can be shortened, perhaps the sidewalks could be waived altogether. Mr. Feck said he would be concerned about setting a precedent with that. He suggested making it a private way but using the compound design. Mr. Buckley said he would look at moving the cul-de-sac back, curving the road, using granite and one sidewalk if it is to be a public way, consider making it a private cluster or compound if they plan to request more waivers. Mr. French said he wasn't sure how many waivers the board would be willing to grant on a cluster. Mr. Spillaine said he didn't see the advantage to his clients in cluster over compound. The discussion will continue September 10,2008 at 8:00 p.m. Jim Burke explained the site has 1,700 feet of roadway and a number of environmental issues. He said a subdivision was permitted on this site years ago, and roadways and infrastructure were installed before the project was abandoned. This plan is to connect Saddle Ridge Road and Wayside Drive. He said a cluster was discussed at the last meeting, which he brought to his client, but who was not in favor of the idea because it wouldn't save on road construction costs. Mr. Burke said the proposal is for a shared septic system/leaching field with an onsite wastewater treatment plant, and they are still before the Board of Health on that issue. Mr. Burke said the Engineering Department has issues with the sewer line being in the right-of-way, and they are having problems getting a public hearing with the Conservation Commission. Mr. Burke said he has met with the building inspector, who said he didn't think Lot 7 would be a buildable lot because of frontage and lot width. The plans show revised elevations, which didn't change the road layout. The flood plain has been added to the plan, and the detention basins revised and calculated to include the roadway, but not the lots. He said the roadway would drain conventionally with catch basins and comply with DEP stormwater regulations, but each lot would have to stand on its own with private stormwater collection. Mr. Burke said they had planned to request waivers for one sidewalk and cape cod berm. He said he is aware the berm would probably not be granted, so he went back to granite. Mr. French asked if the board allows lots to be on their own in terms of stormwater management. Mr. Feck said the lots have to meet the state laws. Mr. Burke said the stormwater is balanced for the roadway. Mr. Feck said the whole site has to be Planning Board 4 8/7/2008 considered together, he doesn't think each lot can be considered individually. Mr. Shaun Burke said the town's regulations don't address that. Mr. Jim Burke said he could show the houses on the plan, but said there are so many wetland issues on this site, each lot is probably going to have its own Notice ofIntent. Mr. Feck asked if a drainage study with a soils map has been done. Mr. Jim Burke said he has done that for the roadway, but not for the individual lots. Mr. French said there is going to be a limited buildable area on each lot because of the environmental constraints. Mr. Jim Burke said he would provide preliminary calculations for the worst-case scenario for the lot development. Mr. Feck said the Planning Board won't approve this plan without the Engineering Department's concerns being addressed. Mr. Shaun Burke said he doesn't think there is anything in the town's regulations requiring drainage for each lot be shown on the plan. Mr. Jim Burke said these plans have been filed with DEP, which had no comments. He said because of the environmental issues, the roadway cannot be moved. He said they are also considering keeping the road private and the only waiver he will request is for the sidewalk on one side. Mr. Feck asked Mr. Jim Burke what he is looking for tonight. Mr. Burke said he would like to know if the plan is proceeding in an acceptable direction. He said he knows this is going to be a tough site to design, and said he plans to do a definitive plan with this layout, including conceptual drainage for each lot. Mr. Shaun Burke asked what would change on the plan if this were continued again. Mr. Jim Burke said he is waiting for a Conservation Commission hearing. Lori Lischer, 93 Old Farm Road, said there are serious water issues in the area and said she has already been impacted by two other subdivisions. Mr. Jim Burke said his drainage controls are all downgradient from Ms. Lischer's house. Mr. French said the board will not approve any plan until the Town Engineer reviews and approves it. Mr. Kozlowski asked if all the houses and drainage would be shown on the next plan. Mr. Jim Burke said they would be, but at that point the plan would be at a definitive stage. He said the big decision they have to make is public vs. private roadway. Mr. French said the board has granted waivers, but they are almost always on cul-de-sac roads, where this is a through-way connecting two roads. Mr. Jim Burke said they may not ask for any waivers at the definitive stage, knowing the difficulties in developing this site. Mr. Shaun Burke noted there are lots on both sides of the street on this plan, so it may need two sidewalks. Mr. Shaun Burke said he is uncomfortable with this plan, and said the additional information will have to be included on the definitive plan. He said the board could vote to approve or deny the preliminary plan, but suggested it not approve the plan based on all the issues. He said a preliminary decision isn't an actionable decision, it merely gives the applicant some direction. Planning Board 5 8/7/2008 Mr. Shaun Burke asked the length of the road from the intersection of Black Pond Road to Wayside Drive. Mr. Jim Burke said it would be around 2,500 feet. Mr. Shaun Burke said the subdivision regulations require a maximum of 600-1 ,200 feet for the length of a street without an intersection. He said the plan as submitted doesn't conform with the design regulations of the Subdivision Regulations. Motion: To deny the preliminary subdivision because there is no stormwater mitigation for the lots shown on the plan; the plan does not have conservation approval and doesn't appear to be able to meet conservation regulations; the plan doesn't comply with the Subdivision Regulations for maximum length of street without intersection; the town engineer and town planner concerns have not been addressed (McClanahan-Kozlowski) Mr. Kozlowski asked what the impact of this decision would be. Mr. Shaun Burke said there wouldn't be much impact because it isn't an actionable or recordable decision. Mr. French noted this vote simply provides closure to the preliminary process. Five in favor. Cleary opposed. PASSES Mr. McDonough asked about Erin's Centre temporary certificate of occupancy. Mr. Burke explained there are issues with landscaping and raised pedestrian crosswalks that have not been completed. Mr. Cleary asked the next step with the Master Plan. Mr. Burke said he will prepare a work schedule and present it to the Board of Selectmen. Motion: To adjourn at 9:35 p.m. (McClanahan-Feck) All in favor. PASSES Next meetings: Wednesday, July 23, 2008 at 7:30 p.m. ,,~4 -f-!L ::Jlt /J1t1l' fh ILl /' / Signature of Clerk .' :;f!C~ b 7/Yl'6 Date of A proval Planning Board 6 8/7/2008