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HomeMy WebLinkAboutmin of planning brd 07/26/00 f/ ;- 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, .~Wl 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. r 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. r 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 -2 ~ B\'llItd Ml....,h..o 7f19fOO ."-- 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 ~Q~/ Signature of - f5 - 2 ~(Jt) Date of Approval /JIII""""'- r- -3 PIanniag B~d MnlUleS 'jf1 'l/OO r . . "~E~~~%Ff\Ct 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 r- 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. r - 1 - Mlletmg of November 10, 1 ~99 r 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. r 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. r- 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 -2- MCcling ufNovM1!).,l la, l~~~ r 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. r- 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. (' - 3 - Meetiag afNe'leme8f 10, 1999 r- 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. r- 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 r The clerk read the public hearing notice. -4- Mct:ting ot November 10, 1 ~99 :- 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. r- 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. r Leonard Flynn, representing Natural Resources Trust, said the open space should be turned over to the Conservation Commission. Mrs. Tarantino agreed. -5- Meetiag gfNQ"..mhp.T 1 0, 1 QQ9 r 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. r 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 r y / 2> - ()() Date of Approval Date of next meeting: August 9,20007:30 p.m. - Workshop with IDC - 6- Meetiag 9fNo"~er 10, 1999