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Planning Board Minutes !,' L- r:' r: I' 1>-
December 3, 2008 ' ::;; ,i",cD
Present: Doug Annino, Acting Chair; Beth Ashman-Collins, Clerk; Mich~ . 'Ii.) OFFICE
McClanahan, Donald Cleary lifUq JAN I 3
Olivier Kozlowski and Shawn MacDonald, Alternates
Shaun P. Burke, Director of Planning and Development
is
1. Meeting called to order at 7:00 p.m.
Motion: To appoint Mr. Annino Acting Chair
(McClanahan-Cleary) All in favor. PASSES
I 2. Correspondence
1. Minutes November 12, 2008
Motion: To approve as submitted
(McClanahan-Cleary) Four in favor. Two abstained. PASSES
2. November 11, 2008 letter from Karl Clemmey re: village development zoning on
Cobb Street. Mr. Burke suggested that this topic would be best discussed at a Master
Plan workshop. The next Master Plan discussion will be January 7,2009.
Motion: To send Mr. Clemmey a letter acknowledging the receipt of his letter, the
board will take his suggestion under advisement at its next Master Plan workshop
(McClanahan-Cleary) All in favor. PASSES
3. December 2,2008 letter from Keith Signoriello re: final release, Suzanne Lane
Motion: To release the remaining surety held on Suzanne Lane
(McClanahan-Cleary) All in favor. PASSES
4. Meeting notices Attleboro, Norton, Plainville
I 3. Form A (ANR) Plans
88-90 Oak Street - Mahana
Mr. Burke explained this land is in one of the first residential compounds the board
approved. The application seeks to convey some of the land from the mother to the
daughter. The special permit prevents new lots from being created, but this plan simply
creates a conveyance from one lot to another. Parcel A will be conveyed to from house
#90 to house #88, and both lots still conform for size and frontage. The open space will
not be impacted by this conveyance.
Motion: To endorse the Form A (McClanahan-MacDonald) All in favor. PASSES
4. Preliminary Subdivision Review continued - Dutton Drive - 4 Lots off Winter
Street
Bill Buckley, Bay Colony Engineering, introduced himself and Attorney Frank Spillaine,
representing the family.
Mr. Buckley showed the board a preliminary plan for a four-lot cluster development. He
said he would like to discuss possible waivers for the definitive plan:
From section 4.1.5.1 for 40 feet of pavement in the cul-de-sac where 70 feet is required;
From Section 4.1.5.2 for no island in the cul-de-sac;
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Prom Section 4.1.5.2 for a 50 foot cul-de-sac radius where 80 feet is required;
From Section 5.2.2 for 20 feet of pavement where 24 feet is required;
From Section 5.4.2 for sidewalk on one side;
Prom Section 5.4.3 for bituminous sidewalk where concrete is required;
From Section 5.5.1 for bituminous curbing where vertical granite is required.
Mr. Buckley said Winter Street has no sidewalks or curbing.
Attorney Spillaine said the by-law states the ways and utilities have to be completed
within two years of approval; he said he would like that waived to allow the two years to
begin when construction begins. He said the by-law requires substantial use to be taken
of the special within two years; he asked that recording of the permit be considered
substantial use. He said the reason for these requests is the economy.
Mr. Buckley said the road is approximately 450 feet long.
Mr. Annino asked if pervious pavement has been considered; Mr. Buckley said it has not.
He said this would be a public way, so the road would have to be built to a higher
standard than would be allowed on a private way. Mr. Buckley said at the last meeting,
Mr. French had expressed reluctance about the residential compound option. Mr. Annino
said private roads in residential compounds relieve the town from maintenance
responsibilities. Mr. McClanahan said the road could be built to a higher standard than in
a compound and become a public way, then the town would have less to maintain. Mr.
Buckley said the landowners do not want to build a private way. Mr. McClanahan said
the landowner is requesting a lot of waivers, but then will ask for the road to be accepted
as a public way. He asked where to benefit to the town would be. Mr. Buckley said this
is a small property with a wetland through the Canoe River ACEC, in a rural area, and
the proposal is to build something that will be in character with the neighborhood. He
said a conventional subdivision would have a lot more pavement for the same number of
lots, which the town would have to maintain. Under the proposed cluster plan, 52% of
this site will be maintained as open space.
Ms. Collins asked the reason for the waiver from vertical granite curbing. Mr. Buckley
said on a narrow roadway, bituminous curbing would allow cars to take advantage ofthe
shoulder. Mr. Annino said bituminous curbing would be more of a maintenance issue for
the town.
Ms. Collins asked if the board has given a waiver for sidewalk on one side in a
subdivision with houses on both sides of the road. Mr. Annino said the board has granted
that waiver. Mr. Cleary noted this sidewalk wouldn't connect to any existing sidewalk.
Mr. Burke said if the board wants to look at low-impact development, this would be a
good site for it because it is a small development in an environmentally sensitive area.
Mr. Buckley said he would do whatever the board requests, but noted low-impact
development items are maintenance-intensive. Mr. Annino said one of the things that
came out of the Master Plan was making the town more "green."
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Mr. Buckley said he plans to use underground infiltrators. He said there could be a
drainage swale on the east side of the new road with a small berm to allow the water to
infiltrate. He said with the swale, curbing couldn't be used.
Mr. Annino said the idea is to create a sustainable community, and the board has to start
telling developers it wants to go in that direction. He said the board has to think about
that with every development it sees.
Mr. Buckley said the decision could say the board would look favorably on the waivers if
some low-impact drainage design were incorporated. Mr. Annino said he would like to
see a presentation that makes the case for waivers being granted because they would help
achieve low-impact development. Mr. Spillaine asked if they would then be at risk for
denial if the board didn't like the result. Mr. Burke said he understands the landowner
wants to feel comfortable about the outcome, but the board shouldn't be put in a position
of committing to approving a definitive plan it hasn't seen. He said he thinks this
preliminary review process has been a good one, and the cluster plan is better than the
conventional, both for the landowner and the town.
Mr. Burke suggested things like cape cod berm and a concrete sidewalk, opening up the
curbing at the end of the road into the open space, a rain garden, a swale with a series of
check dams, and no structures unless absolutely necessary at the intersection of Winter
Street and the new road. Mr. Annino said he thinks the board likes this plan, would like
to see this as a sustainable development, and believes Mr. Buckley is the engineer to do
it. Mr. Buckley said if the board's decision included as much detail as Mr. Burke's
suggestion, he would be happy with that. Mr. Annino said he thinks this plan works and
he would like to see a full design incorporating the "green" items.
Ron Green, 179 Winter Street, said he has been told there couldn't be sidewalk on Winter
Street. Mr. McClanahan said the sidewalk wouldn't be on Winter Street, it would only be
on the new road.
Mr. Green said water flows down his driveway to Winter Street and asked what would
happen on this site. Mr. Buckley explained the site drops off drastically to a wetland
toward the pond. The new road will cut down the existing hill, so the water will flow
through the site.
Mr. Cleary asked about the request to waive the two year development timeframe. Mr.
Burke explained that by-law is in place to ensure subdivision roadways, once started, are
completed in a timely manner. He said that was an issue in the early 1990s, but has not
been since then. He said considering the economy, two years to complete from the date
of the start of construction, rather than from the date of approval, is reasonable.
Mr. Annino said he would like to look at things like lighting fixture standards for public
ways. Mr. Burke said that would have to be worked out with the Light Department, but
the Planning Board has control over the drainage and the roadway.
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The board discussed the waiver requests.
Mr. Buckley said the first waiver request is for 40 feet of pavement in the cul-de-sac
where 70 is required. Mr. McClanahan asked if a fire truck could make that turn; Mr.
Buckley said the Fire Chief requires a 40-foot radius. The board was supportive of the
waiver for less pavement as long as the fire truck can get around the cul-de-sac.
Mr. Buckley said eliminating the cul-de-sac island reduces the amount of pavement. The
board was supportive of that.
Mr. Buckley said he would like the roadway to be 20 feet of pavement rather than 24
feet. Mr. Burke said if cape cod berm is used, the road would end up wider than 20 feet.
The board supported installing the sidewalk on one side. Mr. McClanahan said it would
have to be concrete.
Mr. Burke asked if there is a timeframe for the definitive filing. Mr. Spillaine said it
would be sometime between the spring and fall of2009. Mr. Buckley said he would
bring the plans to staff prior to filing the definitive plan.
I 5. Public Comment I
16. t\round tbe Table I
Mr. Burke said he has a lot of information about cottage style development, which he will
get to the board prior to the January 7 meeting. Ms. Collins asked if the board could get
information about the average lot sizes in the R2 and R3 zones to get an idea of the
existing density. Ms. Collins said from the zoning map, the land on Cobb Street appears
to be already subdivided. Mr. Burke said those lots were platted before Subdivision
Control Law, and the statute says a lot that old with 50 feet of frontage and 5,000 feet of
area is buildable. However, he said the lots cannot be combined to create a buildable lot.
Mr. Burke said a portion of Cobb Street was rebuilt for Willow Crossing, and there are
unbuilt lots on the left side of Cobb Street.
Mr. Cleary asked if any of the Master Plan changes would require changes to the Charter.
Mr. Burke said he doesn't recall any recommended Charter changes.
I 7. Adjournment
Motion: To adjourn at 9: 15 p.m. (McClanahan-
) All in favor. PASSES
Next meeting: Wed~e:;y~ ~~ary 7,2009 at 700 pmB i. At...
Signature of Clerk Date of Approva1
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