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HomeMy WebLinkAboutmin of planning brd 11122008 Planning Board Minutes November 12, 2008 Present: H. Thomas French, Jr., Chairman; Beth Ashman-Collins, Clerk; Michael McClanahan, Anthony Jodice, Donald Cleary; Shawn MacDonald, Alternate Shaun P. Burke, Director of Planning and Development ',,} E ,,' c:\f l i \v _ ~ j\ 2: l+ S r2.ii~ol'J:'ipQ.cI~.~~ f< 1. Minutes November 5,2008 Motion: To approve as submitted (McClanahan-MacDonald) Four in favor. Jodice abstained. PASSES 2. November 7,2008 from Mark Griepentrog, KoW's Department Store re: extended holiday hours. Mr. Burke explained the condition of the special permit limits the hours of operation, but allows the Police Chief to allow extended hours on certain occasions. He said he doesn't think the Planning Board has the ability to allow extended hours for several months, as requested, without amending the special permit. He said he has explained that to both KoW's and Weiner. Mr. French said he doesn't think the board has the ability to grant a seasonal waiver on operating hours. Mr. Burke said that when this request came in last year, the board responded directly to KoW' s to suggest they work out the hours for the day after Thanksgiving with the Police Chief. He suggested doing that again this year. Motion: To send KoW's a letter indicating the Planning Board doesn't have the ability to grant a long-term waiver from hours of operation; anyone-day changes in hours should be discussed with the Police Chief. To change the operating hours for the entire center, the special permit can be amended. (Collins-McClanahan) All in favor. PASSES 3. November 12, 2008 letter from Perry DiMascio re: surety release Autumn Park Phase II / November 12,2008 memo from Mike Ahem recommending the release of $64,704.47 Motion: To release $64,704.47from the Autumn Park Phase II bond (McClanahan-Collins) All in favor. PASSES 4. Meeting notices: Norton Mr. Burke told the board about two upcoming Corps of Engineers meetings on the South Coast Rail proposal. 4. Special Permit Pub~HeariJlg eo.ti'ued..,. Forest Heights Residential Cluster - S Lots off Williams Street:. Perry & Fee . LLC Mr. French explained there are six members present and asked Mr. DiMascio ifhe is comfortable proceeding. Mr. DiMascio said he would like to proceed. The clerk read the scenic road public hearing notice for the removal of eight trees within the Williams Street right-of-way. No stone walls will be removed within the right-of- way. Mr. French explained the public hearing would include both the subdivision and scenic road simultaneously. Planning Board 1 11/13/2008 Mr. Maloon explained the scenic road application is for tree removal within the Williams Street right-of-way and showed a board a plan with the location of those to be removed. Three large trees will be saved, so the wall with the subdivision name has been moved to the left side of the entrance. There will be landscaping on the right of the entrance. Mr. Maloon explained the changes have satisfied the Engineering Department. Mr. Maloon explained the lot layout, drainage areas and common open space. A small portion of land along Williams Street will be conveyed to the Mitchells. The water line will come through an easement from Gordon Cuurt. There will be four catch basins along a 400-foot road. There will be an oil-water separator discharging to the pond; Williams Street has a drainage system, but Engineering didn't want them to hook up to it. None of the water from this site will go to Williams Street. Mr. Maloon said they are all set with the Conservation Commission. He noted this is the first site in Mansfield under the new stormwater regulations, which give benefits to cluster development. Mr. Maloon explained the slope will go from being level to 6% at station 1+25; he said that would be a gradual increase, or about a four-foot elevation change over 100 feet. Mr. Jodice asked if that would create any safety issues. Mr. Burke said when traffic approaches the intersection, it should have a place to slow down and level out. He said the road could be lowered, but that would create more impact to the abutters. Correspondence The clerk read a memo from Rick Alves, Engineering Department, indicating his concerns have been addressed. The clerk noted the homeowner's association documents have been submitted. Mr. DiMascio said the open space would either be donated to a non-profit organization or would be owned by the homeowner's association. Mr. Burke said the special permit would have a condition requiring the open space to be maintained in its natural state in perpetuity, and that the owner of the open space would have to be determined by the time of recording of the special permit. He noted the water line would go through the open space, and is shown as an easement on the plan. Mr. DiMascio noted the open space abuts the roadway and asked to be allowed to trim any trees or shrubs that might grow onto the road. The board agreed. Mr. McClanahan asked if the water main connection to Gordon Court has been resolved. Mr. DiMascio said it has been. Mr. MacDonald asked about maintenance ofthe swale; Mr. DiMascio said there is an access easement for installation and maintenance. Public Comment Michelle Busharis, 175 Tremont Street, asked if the water line easement will be a gravel path. Mr. DiMascio said it will not be; the water line will be constructed and the area allowed to grow back naturally. The town will have an easement to maintain the line. Planning Board 2 11/13/2008 Ms. Busharis asked who has the final decision about the open space; Mr. French said that would be Mr. DiMascio's decision. He said the board's goal is to ensure the open space stay open and natural. Mr. DiMascio said he would prefer the land go to a non-profit rather than the homeowner's association because of administration issues, but he said there has been no interest in the land from the town or the NR T. Mr. Maloon explained there are catch basins at the entrance, which will catch any water before it gets to Williams Street. He noted there is a fifth "yard-style" catch basin for the benefit of the abutter. Mr. Jodice asked if this road would be public; Mr. Maloon said it would be. Mr. McClanahan said he doesn't like the waiver from vertical granite, and suggested cape cod berm might be more appropriate on this site. Mr. DiMascio said he has spoken with Mr. Alves, who suggested sloped cape cod berm. Mr. McClanahan said cape cod berm would wear better and better address the Conservation Commission's concerns about turtles. Mr. Maloon said cape cod berm would result in a 24-foot wide roadway instead of22 feet. Mr. French said he is concerned about setting a precedent by moving away from vertical granite curbing. Mr. French asked if the board could change that later; Mr. Burke said that would require an amendment to the special permit. He said the board has been looking at low-impact development, which would include something like cape cod berm, or in some cases, no curbing. He said he doesn't think precedent is that much of an issue, because the board has the ability to waive its regulations. Mr. Burke noted the vertical granite tends to look more urban than sloped. Board Comment Mr. Cleary asked which trees are being kept; Mr. Maloon explained the three trees that will be saved. They are shown as N, P and R on the scenic road plans. Motion: To grant a waiver from Section 5.2.2, to allow for 22-foot paved road in place of the 24-foot required (McClanahan-Jodice) All in favor. PASSES Motion: To grant a waiver from Section 5.4.20, to allow a sidewalk on one side of the road as shown on the plans (McClanahan-Cleary) All in favor. PASSES Motion: To grant a waiver from Section 5.6.2, to allow for a variation in the slope of grass plots in the area where the neighbor's land abuts the sideline of the road (McClanahan-Cleary) All in favor. PASSES Motion: To grant a waiver from Section 4.1.2.5, to allow a 20-foot sideline radius in place of the 30-foot required radius at the intersection with Williams Street (McClanahan-Cleary) All in favor. PASSES Motion: To grant a waiver from Section 5.3.2.7.5 to allow a retention area within 100 feet of a property line (McClanahan-Clary) All in favor. PASSES Planning Board 3 11/13/2008 Motion: To grant a waiver from Section 4.1.4.3, to allow the 2% or less leveling area be allowed for the first 50 feet of road in place of the 100 feet required (McClanahan-Cleary) All in favor. PASSES Motion: To grant a waiver from Section 5.5.1, to allow integral bituminous modified monolithic cape cod berm (McClanahan-Collins) 3 in favor. 2 opposed. 1 abstention. PASSES Motion: To approve the Forest Heights special permit as drafted and amended (McClanahan-Cleary) McClanahan - In favor. The benefits outweigh the detriments. The applicant has worked hard with the Planning Board and the Conservation Commission in this critical area, the scenic road issues have been addressed and the development will blend in with the neighborhood. Ashman-Collins - In favor. The benefits outweigh the detriments. The development responds appropriately to the environmental issues and neighborhood character, and will be a nice addition to the residential area. Cleary - In favor. The benefits outweigh the detriments. The developer has worked to make the project environmentally responsible. Jodice - In favor. The benefits outweigh the detriments. The development will have a positive impact on adjoining properties, the developer has worked with the board on a good design and to reduce impacts to the abutters, the environmental issues have been addressed, and the development will have a positive fiscal impact. MacDonald - In favor. The benefits outweigh the detriments. The provision of open space is a positive, the developer has dealt with the conservation issues, and it will fit well in the neighborhood. French - In favor. Reducing the plan from the originally proposed six lots to five will help maintain the open space, which will provide screening for the abutters. The development will have a minimal effect on the natural environment. All in favor. PASSES Motion: To close the special permit public hearing (McClanahan-Cleary) All in favor. PASSES Motion: To approve the scenic road permit as drafted (McClanahan-Cleary) All in favor. PASSES Motion: To close the scenic road public hearing (McClanahan-Collins) All in favor. PASSES Planning Board 4 11/13/2008 lis.iTQ\vIlMeetuigllisc,*sioll i Mr. Cleary presented the board with information about the TIF applications for Special Town Meeting. He explained Covidien is putting $27 million into their building, which will increase the value by about $3 million. Medline is building a $10 million building on a currently empty lot; they are asking for a 13-year TIF. Tyco Valve & Controls, currently located in downtown Wrentham, is planning to relocate to 55 Cabot Boulevard and investing about $20 million into the building. They asked for a 20-year TIF; the town came back with an 18-year TIF. Mr. MacDonald asked what would happen if construction doesn't begin for a couple of years. Mr. Cleary said the applicants have the money to do the construction and want to begin as soon as possible. Ms. Ashman-Collins asked about costs to the town; Mr. Burke said it is minimal, with no impacts to the schools. Motion: To support the Covidien, Medline and Tyco Valve TIF applications (McClanahan-Collins) All in favor. PASSES I 6. Public Comment Mr. MacDonald asked to have someone from DPW come in to talk with the board about the curbing issue. Mr. Burke noted the life of any subdivision roadway is about 20 years. Mr. Jodice asked what standards developers are held to; Mr. Burke said the town has road construction standards, and where the town's regulations are silent, Mass Highway standards are required. He said the town is held to the same standard. Mr. Burke said at last week's Capital Improvements Committee meeting, the group voted unanimously to support the Police Department's request for funding for tasers. At today's pre Town Meeting meeting, there was a question about the funding coming from the Police Department's Firearms Revolving Account rather than from a salary account, as originally proposed. Town Counsel said he thought funding the tasers out of the Firearms Revolving account would be outside the scope of the original revolving account vote. The Board of Selectmen were planning to discuss whether or not to remove the article [the article will remain on the warrant as originally drafted]. Motion: To adjourn at 9:45 p.m. (McClanahan- ) All in favor. PASSES Next m. ;'~~J ~tes ,">1{ f+. It Signature of Clerk ember 3,2008 at 7:00 p.m. )2 :/ """'''0/ '-J-o<..O ~ Date of Approval Planning Board 5 11/13/2008