HomeMy WebLinkAboutmin of planning brd 07/26/00
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RECEIVED
TOWN ClE'RKS OFFICE
Planning Board
00 AUG -3 PH jfiutive Session - Minutes of July 26, 2000
Present: H.. Thomas French, Chairman, Bernard J. Dolan, Clerk~ Scott Frank,
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Bob Mangiaratti, Town Counsel, explained the court decision directing the board
to sign the plan and decision, following the board's denial of the plan due to the
length of the cul-de-sac.) The court limits its review to the reasons given for
denial, so the court only considered whether or not the road is a dead-end street.
The board had also cited the intersection offset as a reason for denial, but the
court did not feel the lack of an offset would cause any traffic problems.
Mr. Mangiaratti suggested that in the future, the board should list all the reasons
for denial, including a description of all the factors in the regulations the
application does not meet. He said the board has been consistent in its
interpretation of the dead end street regulations, and those regulations have since
been changed.
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He suggested the intersection offset regulations also be reconsidered and a
standard more informative to the applicant be adopted. In addition, he suggested
amending the cluster regulations, as they contain some language indicating
subdivision approval is not necessary with a cluster.
Mr. Mangiaratti explained the court order is very clear, and suggested the board
sign the plan and prepare a positive decision with standard conditions.
Mr. French was concerned the appeal period had passed, and the board could
have appealed the decision. Mr. Mangiaratti said the town has a duty to adhere to
the law, and if he had felt there had been valid grounds for appeal, he would have
suggested it. He said the board could hold another public hearing, but that was
not ordered by the court, so the board could notify the applicant and consider the
issue as an agenda item.
Mr. Burke told the board he had drafted a decision and asked the members to look
it over and work on reaching consensus on the content. The draft will then be
sent to Mr. Mangiaratti, then to the applicant's attorney.
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Discussion of Great Waves Appeal
Mr. Frank asked Mr. Mangiaratti about Mr. Clemmey's appeal of the Building
Inspector's issuance of a building permit on the Great Waves project. Mr.
Mangiaratti explained the Board of Selectmen had voted not to use counsel in that
case, leaving the individual land owners to litigate that issue. He said the
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Planning Board has standing to appeal the decision of the Zoning Board of
Appeals, but no funding. Mr. Frank asked if the Zoning Board of Appeals
upholding the appeal would make other, similar cases, harder to deny. Mr.
Mangiaratti explained that boards do not have to follow the administrative
decisions of previous boards, but said he thinks there is some degree of risk.
Motion: To adjourn at 7:45 p.m.
(Dolan-Cook) All in favor. PASSES
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Signature of -
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Date of Approval
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Planning Board TOWN CLf:
Minutes of July 26, 2000 flUG 2.4 P" 2: 55
Present: H. Thomas French, Chairman, Bernard J. ~dl'an, Clerk~ S~tt Frank,
Mark Cook MANSflELUS
Shaun P. Burke, Director of PI ann in and Develo ment S~CHUSETl
1. Minutes of July 12, 2000
Motion: To approve as submitted (Torman-Cook) All in favor. PASSES
2. Zoning Board of Appeals application for variance- 9 Jean Road
Motion: To send the Zoning Board of Appeals a negative recommendation as
there is no evidence of hardship to the land, and as the house was built with
minimum setbacks, the variance would derogate from the intent of the Zoning
By-Law. (Dolan-Cook) Four in favor. French opposed. PASSES
3. Zoning Board of Appeals application for variance - 145 Plymouth Street
To place the sign on the side of the building rather than the front.
Motion: To send the Zoning Board of Appeals a positive recommendation, as
placing the sign on the Route 495 side of the building will be less intrusive
than placing it on the Plymouth Street side.
(Dolan-Cook) All in favor. PASSES
4. Letter from Ralph Penney, 336 Maple Street, to Bert Cook re: Eastern
Container hours of operation
5. EOEA meeting notice - Lot 320, Hampshire Street
6. Zoning Board of Appeals decisions - 17 Gilbert Street (Granted)~ 34
Plymouth Street (Granted)
7. Public Hearing notices - Norton Planning Board, Sharon Zoning Board of
Appeals, PlainviIIe Planning Board, Easton Planning & Zoning Board of
Appeals, Attleboro Planning Board, Attleboro Zoning Board of Appeals
8. New England Planning newsletter
9. The Beacon
10. SRPEDD Regional Review - July
11. Housing Affairs newsletter
12. New England Real Estate Journal
13. Certificate of the Secretary of Environmental Affairs on the Environmental
Notification Form - Erins Centre
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The project proponent was not present at the meeting. Mr. Burke explained they
proposed to remove the existing structure and replace it with a drive-through dry
cleaner, using the existing curb cut on Copeland Drive for one-way traffic.
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Mlletmg of November 10, 1 ~99
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The clerk read department head comments from Mr. Burke and Mr. Sullivan. Mr.
Burke explained the applicant had agreed at the staff meeting to address all items,
but that staff had not heard back from them.
Leonard Flynn, 102 Jewell Street, was concerned about the proposed colors of the
building. Mr. Burke said the applicant had agreed to do away with the purple
metal roof and use a black or grey shingled roof instead.
Motion: To send the Building Inspector an interim negative recommendation
due to the lack of revised plans and application materials, subject to the
applicant appearing at the September 27,2000 Planning Board meeting to
provide additional information and responses to staff comments.
(Frank-Cook) All in favor. PASSES
John Sullivan, Town Engineer, explained this area has existing parking problems,
and with the new recreation fields, the problems will be worse. He said the fields
themselves had come before the board and received a positive recommendation,
but there were concerns about the parking issues. The abutters were concerned,
and Mr. Sullivan amended the site plan after meeting with them. The parking has
been moved 10-19 feet back from Hope Street, the lot has been sloped toward the
back of the site, a drainage ditch at the back of the gravel lot has been added, and
two-foot high berms were added where there were not sufficient trees.
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Mr. Sullivan explained the Building Inspector had allowed the field construction
to go ahead, but will not allow them to be used without adequate parking. The
purpose of this review is to determine the number of spaces for the site.
According to Mr. Sullivan's formula, 90 spaces are needed, along with an
additional 38 for the Library/COA parking. The formula used 15 children per
team, two teams, on two fields, for a total of 60 children and 60 cars, with one
vehicle per child. Mr. Sullivan figured that only 75% of those cars would stay,
for 45 cars, but then added another 45 for overlapping games, for a total of90.
The clerk read the department head comments from Mr. Burke, the Fire
Department, Officer Lawson, and Lorilee Fish, Recreation Director. Mr. Sullivan
read a memo addressing these comments.
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Mr. Sullivan explained there are five handicapped spaces for the recreation fields
next to the Library/COA, and eight additional spaces will be added. The white
pines proposed for the berms have been changed to rhodedendron. Mr. Sullivan
has filed with both the Zoning Board of Appeals for the gravel parking lot and the
Conservation Commission for the area within 100 feet of the wetlands. The
drainage basin has been relocated to save as many trees as possible, the COA
parking lot will be paved during the initial construction, a gate has been added at
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the end of the paved area, which the police are concerned about, and the brush
between the street and the parking lot will not be cleared.
Mr. French asked if the COA portion is lit. Mr. Sullivan explained there is
existing lighting, and four new lights with shields will be added.
Public Comment
Elaine Jackson, 220 Hope Street, was concerned about the lights shining into
abutters' homes after the trees are removed. Kevin Jackson, 220 Hope Street,
said the lights at the tennis courts are on until 11 p.m., but no one uses the courts
that late.
Mrs. Jackson said she did not think there is an existing parking problem. She said
the neighbors had met with the town manager, who told them the fields would be
used for two years before determining parking needs. Mr. Frank said the building
inspector would not allow the new use without providing adequate off-street
parking for that use, adding he thought the parking was necessary for safety.
Mrs. Jackson suggested the town look into buying the land adjacent to the new
recreation fields for parking.
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Gary Moran, 200 Hope Street, asked what other factors were taken into
consideration when determining the number of parking spaces, saying there
would be many overlapping uses. He suggested maximizing the buffer by
eliminating some spaces. Mr. French said he understood the problems with
overlapping uses, but the board has to look at the new use and determine the
number of spaces necessary for that particular use.
Bob WaIlestra, 210 Hope Street, asked why the parking wasn't approved at the
same time the fields were. Mr. Burke explained when the fields came before the
board, the need for parking was recognized, and the estimate was that it would
take two years for the fields to be planted and graded~ in the meantime, the
Engineering Department would look at the parking issues. Mr. Sullivan added
that when the original site plan was filed, the same parking formula was used.
Mrs. Jackson asked why the fields had been created without Planning Board
approval. Mr. Sullivan explained clearing is allowed without site plan approval.
Mr. Jackson pointed out that state regulations prohibit cutting down shade trees~
Mr. Burke explained that only applied within a public way.
Mr. Frank asked if the calculation was the same as had been used on Plymouth
Street~ Mr. Sullivan said it was.
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Meetiag afNe'leme8f 10, 1999
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George Dentino, Gladiola Terrace, asked if a building permit was needed. Mr.
Sullivan said the fields were approved without a permit, but the building
inspector has said he would not issue a final building permit for the fields without
the parking added.
Board Comment
Mr. Frank asked about the gates. Mr. Sullivan explained they would be closed at
dusk, the first to be at the edge of the paved area near the COA garage, the other
to be at the edge of the gravel lot. The gates can be closed, while still allowing
access to the COA lot at night. Boulders will be placed across the cart path
leading to the fields, so they cannot be accessed by car. Emergency vehicles will
be able to get in through a fence, but the gates will keep people out at night.
Mr. Frank said he was concerned the location of the gates and existing trees
would make good places for partying. Mr. Burke suggested relocating the gate to
keep as many spaces as possible at the Library/COA, with bollards at the
Library/COA and at the gravel entrance to Memorial Park.
Mr. Burke said the question the board had to consider was how to accommodate
the necessary parking with the least impact. Mike Ahern, DPW Special Projects
Manager, said he would look at the lighting issues.
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Mr. Flynn said gates had been installed at the entrance to the Great Woods, which
significantly reduced vandalism and partying.
Motion: Under Section 4.4.1, the number of spaces required for the recreation
fields is 90. (Frank-Dolan) Four in favor, Cook abstains. PASSES
Motion: To send the Building Inspector a positive recommendation on the
design for 128 parking spaces, including additional parking at the Library/COA,
with the following suggestions: Relocate the gates to the Library/COA entrance
and the entrance to the gravel lot, and get input on the locations from the Police
Department~ Examine the existing and proposed lights to minimize shining into
adjacent homes. (Dolan-Frank) Four in favor. Cook abstained. PASSES
Mr. Burke suggested the board send a letter to the Recreation Commission asking
about scheduling and lighting issues.
Motion: To send the Board of Selectmen a letter as Municipal Clearinghouse
recommending proceeding with the municipal project.
(Dolan-Frank) Four in favor. Cook abstained. PASSES
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The clerk read the public hearing notice.
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Mct:ting ot November 10, 1 ~99
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Ralph Maloon, RIM Engineering, explained the proposal for a two-lot residential
compound on the northeast side of MiII Street. He showed the conventional road
layout, 622 feet to the center of the circle and two 60,000 square foot lots.
Zoning allows the compound with the same two lots and the remaining land as
open space. Mr. Maloon figured the two lots at 80,000 square feet per lot and the
open space with a wooded buffer along the river. There are no wetland issues,
and the Zone II line is off the property. There wiII be a single driveway to the two
homes and a grinder pump to each. The road pitches to one side to a catch basin
into a manhole, to a recharge area for surface water from the driveways.
The clerk read department head comments from Mr. Lewis, Mr. Sullivan, Mr.
D' Ambra, Officer Lawson, and Mr. Gaffney.
Mr. Maloon addressed Mr. Gaffney's comments, saying an eight inch main would
not be a problem, but thought a 16 inch gate was excessive. Mr. Lewis had
suggested a grass swale~ Mr. Maloon said they could do that, but because the site
is in an ACEC, he had wanted to gather all the water into one place.
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Public Comment
Delores Tarantino, 254 Mill Street, asked about the 16 inch gate. Mr. French
explained that would part of the water main, underground. Mr. Burke said all
utilities would be underground. Mrs. Tarantino asked how wide the driveway
would be. Mr. Maloon explained it would be ten feet wide (paved) with three
foot grass strips on either side, and a one foot berm or grass swale.
Mrs. Tarantino was concerned about drainage from the site entering the river.
Mr. Maloon explained there is a natural dip in the land, which will take care of
some of the runoff from the site. He also explained the only parts of the stone
wall to be moved will be the ones needed to open the driveway, approximately 20
feet~ the stone wall will be rebuilt along the radius of the new driveway.
Bob Petrella, 274 MiII Street, asked where the houses will be placed. Mr. Maloon
said they propose to use building envelopes for the construction, with the land
pitching to the rear of the site so drainage will be kept on site.
Phil CampaniIle, 340 MiII Street, asked if the road would remain private. Mr.
Sheehan said it would be, and there would not be any other structures on site. Mr.
CampaniIle said he was in favor of the plan.
The clerk read a letter from David and Brenda Lombardi, 244 MiII Street,
opposing the project.
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Leonard Flynn, representing Natural Resources Trust, said the open space should
be turned over to the Conservation Commission. Mrs. Tarantino agreed.
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Steve McNeil, 333 Mill Street, said he liked the idea of the private driveway and
was in favor of the plan. Pat Cummings, 331 Mill Street, said he was in favor of
the plan.
Board Comment
Mr. Frank suggested a 25-foot no cut zone around the perimeter of the site~ Mr.
Maloon agreed. Mr. Frank asked about sight distances onto Mill Street~ Mr.
Maloon said he had shot them but they were not on the plan. Mr. Burke said the
Police Department was satisfied with the sight distances.
Mr. Frank asked if the applicant would be willing to deed the open space to the
Conservation Commission~ Mr. Sheehan said yes. Mr. Maloon asked whether the
town would want to put in an access road to the Dustin Well~ Mr. Sheehan said he
would be opposed to that. Mr. Burke suggested a deed restriction requiring the
open space be left in its natural state in perpetuity.
Mr. Burke said he preferred the drainage as proposed, rather than a grass swale,
so that any potential spiII is contained.
Mr. French suggested additional paving on a small portion of the driveway so two
cars would be able to pass.
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Motion: To have Mr. Burke prepare a draft decision, including the deed
restriction for the use of the open space, a revised driveway, a 25-foot no-cut zone
around the perimeter of the site. (Frank-Torman) All in favor. PASSES
Motion: To have Mr. Burke prepare a scenic road decision with the stone wall
replaced around the perimeter of the driveway radius in accordance with the plan,
not to exceed 25 feet. (Dolan-Cook) All in favor. PASSES
Motion: To continue the public hearing to August 2, 2000 at 7:45 p.m.
(Dolan-Frank) All in favor. PASSES
Mr. Cook and Dr. Torman will not be at the August 2, 2000 meeting
Motion: To adjourn at 10:45 p.m.
ra - ok) All in favor. PASSES
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Date of Approval
Date of next meeting: August 9,20007:30 p.m. - Workshop with IDC
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