Loading...
HomeMy WebLinkAboutmin of planning brd 10/03/01 r r r ~tH'I~ RECEIVED PI . 'B dMi t J,.",;) [, r::-rH/(" n-FICE anDlng oar nu es ' " '.', ",;, i.', ,,) \. r , October 3,2001 0 J, Of'T '8 H. Thomas French, Chairman; Bernie Dolan, Clerk; Roger Achille, Thomas McShaii~, AM /0: 07 Kenneth Torman, Mark Cook) SLoH-+r<'<-lLlL..',cl /"ll..hSFIElD IIJ;m_ii_ifAt~r~:1$tfjjip;~llij'iiijI,'j,:.'iili!l:r::mm'#iii!lIIj:!.'.I::::'.riim~i:ffii~jill~:\jUSETT 5 1::!~::::€mt~~~~ijij~~AA~.::::::::::::::::::.:~.~.::::r:::::::::::::::::::.:::~::::::....~..::::::::..::::..:....:..:..:.:.::................:~.:~::::..:~...::~...::..~................:::....:....::::..I 1. September 19, 2001 lvIinutes Motion: To approve as submitted (Dolan-Torman) 5 in favor. Cook abstained. PASSES 2. ZBA application for Special Permit - 54 Willow Street - Willowdale Golf Course An addition for storage and smoking room; this is a pre-existing, non-conforming use. Motion: To send the ZBA a positive recommendation (Dolan- Torman) Five in favor. Cook abstained. PASSES 3. ZBA application for Variance - 6 Lewis Road - 4.2.1 Front Yard Setback For the addition of a porch on the front of the house. Mr. Frank said he did not believe the application shows a hardship. Motion: To send the ZBA a positive recommendation (Dolan-Cook) Four in favor. Frank, Torman opposed. PASSES 4. Erin's Centre Phase IT (Home Depot) Special Permit Mr. Burke explained the decision has been through a nwnber of drafts; the most recent includes a letter from Attorney Bliss suggesting alternate language for condition # 17. The final revision date of the plans have been added to the permit. Repeated documents and conditions have been removed from a variety oflocations. In the accessory building parking fmding, a change was made to clarifY that the building "includes approximately 1,000 square feet of office space." In the landscaping decision, the frrst condition was changed to eliminate duplication and reference the most recent plan changes. Condition 5 was changed to make specific reference to the acoustical barrier. The restaurantlbank vote added reference to the final plan dates and survey plan dates. The Home Depot vote included plan reference changes. Condition 2 specifies the uses of the land across Route 140; the board discussed those items in the community benefits package which will require matching funds from the town. Condition 3 was clarified to allow outdoor retail sales on the concrete pad and sidewalk. Condition 8 was changed to add the date of Mr. Woodland's memo. Condition 10 was changed to reference Mr. Leahy's September 5, 2001 letter and the additional off site landscape plantings. Condition 15 specifies Building E has to have adequate parking; Mr. McShane asked what else would happen if the use of that building changed. Mr. Burke explained that would depend on whether it was a use by right. Condition 18 changed to reference the latest plan dates and to specify the location of the noise barriers. Condition 19 was changed to reflect the latest plan date. Condition 22 references the maintenance building and was changed to "include approximately 1,000 square feet of office space." Attorney Bliss requested "storage, maintenance and repair of equipment" be added to Condition 22. r r , Condition 17 references "any significant change. . . " to the plan requires a modification to the special permit; a 5% change shall be considered significant. The applicant has requested that be changed to read "any significant change to the plan as it relates to Home Depot. . ." Attorney Bliss explained they were concerned about changes being made to the buildings not under Home Depot's control forcing the Home Depot, as the applicant, to come back to modifY the plan. Mr. McShane suggested replicating the condition for each building, referencing the individual buildings. Mr. Burke suggested "any significant change to the uses allowed by special permit" are subject to this condition. Mr. McShane said the board, at the time of the vote, was concerned about what would come back to the board and what would go to the building inspector for review. Mr. Frank said the restaurant building could . be excluded from this condition, since they will be coming back on that at a later date; if they change that by 15%, it will come back as a special permit modification under the current by-law. He added that when the board discussed this, it was with the understanding the building would be coming back for review, either as a site plan or as a special permit. Mr. Burke suggested calling each of the buildings out with their required parking, landscaping and drainage systems. Mr. Frank was concerned about the restaurantlbank applicant coming back with a different size effecting the Home Depot special pemtit. He suggested putting the condition in each one of the votes saying a significant change "may require a special permit modification for this building." The community benefits package, dated September 5, 2001, will replace the one we have. Condition 19 has changed after discussions with the residential abutters about adding white pines to the bem behind Home Depot. A new fence will be installed with white pines rather than arbor vitae every 10 feet; the residents are satisfied with that. The existing berm will remain as is. Rather than "west" this should reference the "northwest corner. " Motion: To sign the special pemtit with the changes specified above (Dolan-Frank) Five in favor. Cook, French abstained. PASSES 5. September Building Permit Summary 6. Petition from AT&T Broadband for Location for Conduits and Manholes 7. Meeting Notices: North Attleboro Planning Board; Foxboro Planning Board; Plainville Planning Board; Attleboro ZBA; Norton Planning Board; Attleboro Planning Board; 8. Canoe River Aquifer Committee Meeting Notice 9. Citizen Planner Training Collaborative Fall 2001 Classes 10. Meeting notice "Zoning Reform in Massachusetts", Suffolk University Law School 11. New England Planning 12. The NRT Report 13. SRPEDD Regional Review ~n~p~~B~i!;W-!i'iH~;;;;~~jl1iil1iijiiiimnjjjjjmiijjjmml1iij;!j;!ii John D. Sullivan, Jr., Town Engineer, explained the project. There is an existing well facility off Plain Street with three small buildings. The proposed expansion is for a chemical feed building, a 43 x 23 single story building, to be added to the site to treat the water with chemicals prior to being pumped through town. The building will be a pre- cast concrete structure on a concrete slab with 100% containment in the event of a spill. r There is currently pavement around the existing buildings; a small amount of pavement will be added. Runoff will go into a shallow retention basin, which will take the 100-year storm and infiltrate back into the ground. Roof runoff will go into a crushed stone area and be infiltrated back into the ground. An 8-foot high chain link fence will be installed around the new building. The clerk read memos from Mr. Burke and Mr. sullivan. Mr. Sullivan addressed each of Mr. Burke's comments. Mr. Sullivan said he was satisfied with the plan as revised. Bob Chapelle, Woodard & Curran, explained the dry well is to handle a sample sink inside the facility. Lights will be mounted on the outside of the building. No permanent employees will be housed at the site; there will be periodic checking of equipment by town employees. \;fi@;~~~W~!!~mf~:!im~~'~~i_'*\E~!#:; :::::;:::;:::::::::~~~:~:::::::::::::::::o;:::;:::;:;:co::::::::::::::::::;:;:::::::::::::::::::;:::::::::;:::;:::::::::::::::::::;:::::::::::;:::;:::::;:::::;::::::::::::::,:::::;:::::;:::;:::::::::::::::::::;::::::::::::::::::::::,:::::;:::;:;:;:::::::-:;:;:::;0;:::::::::;:::::::::::;:;:;:;:;::;:;0;:::::;:::::;.:.:.;.;.;.;'.':;:;::::.:.:: :;:;:;:;:;:;:;:;:;:~~:~~;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;:;::;;::;:;:;:;:;:;::;;:;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;::;:::::;::;:;:;:;:;:;:;:;:;:::;;;:;::;;::;:;:;:;:;:;:;:;:;:;:;:;:;;;:;:::;:;:;:;:;:;:;:;:;:;:;:::;:;:;:;:;:;:;:;:;:.__0;:'::;:;:;:;:;;;:;:;;;:::;;;:';::,;,:,:,:,::_:,:;:;;;;;;;;;;;;::;:;;;:;;-;'00:;' Charles Mulchay, attorney for the applicant, said at the last meeting, the board had some questions requiring an answer from town counsel. Attorney Mulchay has met with Lt. Towne regarding safety, specifically questions about public safety vehicles. Lt. Towne is r now satisfied with his ability to get into the site. The clerk read a September 28, 2001 letter from Attorney Mangiaratti. Regarding the land under water being counted toward lot size, Attorney Mangiaratti's opinion was that land under water can be included to meet the 10-acre requirement if that land is shown on a deed. Regarding land under water being used toward open space, Attorney Mangiaratti's opinion was that excluding land devoted to parking is excluded, but the by- law does not address land under water; regardless, the plan shows at least 35% open space, not including the land under water. Regarding a deed showing the entire project is in a single ownership, because the access to the site is over an easement over property owned by another party, Attorney Mangiaratti's opinion was that the access easement does not violate the requirements of single ownership. Motion: To send the Building Inspector a positive recommendation (Torman-Cook) All in favor. PASSES The clerk read comments on the revised plans from Water, Electric Department, Engineering, Fire, and Police Chelsea Hanbridge, engineer, explained they have done two permeability tests, witnessed by Mr. Field. The permeability rate was slower than previously used, so the berm will be increased by two inches around the system. Norton has said its system can handle the additional flow, and will submit a letter to that effect to Mansfield. A 3Ox30 emergency vehicle turn around at the end of the driveway has been added, and the size of the island has been reduced by two feet on either side to increase the roadway. r' r r Regarding Officer Lawson's comments, Ms. Hanbridge explained most of the issues have been addressed. Regarding the single point of access, Ms. Hanbridge said the Fire Department, which will be operating the most and largest emergency vehicles, is comfortable with the plan. Tom Houston explained they will install 18" wide cape cod berm, shallow enough for a vehicle to drive on, along with additional cleared areas on either side of the road, allowing enough room for vehicles and pedestrians. Ms. Hanbridge said Officer Lawson's memo references over 100 residents; she explained with the revised plan, there would be around 50 residents. Regarding Officer Lawson's comment about access to one side of building, they have agreed to keep that landscaping maintained so a ladder can access that side. Regarding inadequate lighting at the end of the driveways, Ms. Hanbridge explained the lighting is adequate for a residential project of this scale; they did not want the lighting to be too bright. Regarding intersection safety and limited sight distance, the corner sight distance has been met. Regarding existing congestion from the soccer bubble and the Tweeter Center, there will not be several hundred drivers as Officer Lawson had stated, but approximately one car entering or leaving the site 10 minutes. Regarding pedestrian safety without sidewalks or visitor parking, there are walking paths on the reservoir side and two spaces per unit. r Mr. Frank said the items brought up in Officer Lawson's memo, added together, are of concern for him. He asked that the sidewalk issue be revisited. Mr. Dolan said he wasn't that concerned about the sidewalks, but rather the parking situation. He said many similar developments have guest parking lots, which might help address at least one of the issues of concern. Mr. McShane said Mr. Burke's suggestion of the addition of a grassy shoulder was a good one. He said this version of the plan is much more attractive than the original plan, and that if all of Officer Lawson's concerns were to be implemented, the site would become less attractive. Board Comment Dr. Torman said he was very uncomfortable with only one point of access. Mr. Frank asked about the access easement. Mr. Sevard showed the board the location of the 40-foot wide easement, which reaches from Reservoir Street to the split in the driveway. Mr. Frank asked about the site's frontage, which is on South Main Street; there is no requirement in the zoning by-law that the site has to be accessed through its frontage. He said his concern with the grassy shoulder is that people won't use it, thinking it is a lawn; he suggested a different surface. He asked that the applicant look at ways to address at least some of Officer Lawson's concerns. Mr. Sevard said they could provide a shoulder to provide pedestrian access and parking along the side of the road. Regarding the single point of access, he said they have spoken with the Fire Department several times, and they are comfortable with the plan for public safety requirements. Mr. Houston asked that if the gravel surface were a condition, it be called a gravel I""""" shoulder rather than a sidewalk due to ADA and Conservation Commission constrictions. (' Mr. McShane said he liked the idea of a grassed-over gravel shoulder; he does not want traditional sidewalks, which might create a draw from the rest of the neighborhood. Mr. Sevard said he thought they could accommodate that. Mr. Sevard said the residents would be unlikely to be walking in the parking lot, but rather on the reservoir side of the site. There will be a condo association which will maintain the area in the wintertime. Mr. McShane said he was opposed to installing any brighter lights. Mr. McShane asked if a second access is required; Mr. Burke said the by-law does not require one. During the first public hearing on this project, a second access was an issue for the Fire Department because of the number of units and residents. Mr. McShane asked about the turning radius around the island; Ms. Hanbridge said that has been reduced to accommodate the new frre truck. Mr. Achille asked about the ambulances coming in and out, which he felt had earlier been dismissed because the residents will be younger than nursing home aged people. Mr. Sevard explained this will be an active adult community, not an assisted living facility. He said the Fire Department's concerns have been addressed and they are comfortable their emergency vehicles can service the property. Mr. Burke said regarding the walking area, there are a variety of paving blocks that would create both a defmed pathway as well as a hard surface. With a 20-foot wide roadway, a berm narrower than 18 inches could be used to widen up the travel lanes. He said he would not like to see any additional lighting on the site. c Mr. French said he thinks the board is supportive of the project, but wants to continue working on the plans until the board is more comfortable. He was concerned about the parking issue, especially lack of guest parking. He said was concerned about the ability of a fire truck or a moving truck to turn around the island, but said if the Fire Department is comfortable with the radius, he will agree. Mr. French asked about several areas without much lighting and suggested adding some low-light fIxtures to those areas. Mr. Sevard said they could address that. Mr. Burke said in a residential subdivision, the lighting is strictly to defme the roadway, not to provide light for walking. Mr. French suggested the applicant speak with Officer Lawson about his concerns, and he would like to see the changes on the plans before voting. Dr. Torman agreed. Mr. Cook said he would like to see the changes made to the plans, and if Officer Lawson's concerns can be addressed, bring the plan to a vote at the next meeting. Mr. McShane said he likes the plan but doesn't want it to be changed to include more impervious surface, and would not like to see the sidewalk/gravel surface to extend to Reservoir Street. He asked about the open space and what would guarantee it remained at 680/0; Ms. Hanbridge said most of it is riverfront, so is governed by the Conservation Commission's Order of Conditions. Mr. Dolan said his one concern is about the need for additional parking. Mr. Achille said he would like to see some additional parking spaces, but said if the applicant believes parking along the side of the road will be adequate, he was comfortable with it. !" r- r said he did not think the town would be getting any benefit from this open space, and suggested going back to the traditional subdivision layout. Mr. Dolan said he could see a benefit when residential compounds abut rivers, but did not think a wetland would meet the benefit vs. detriment standard. Mr. Burke asked whether the traditional subdivision could be built without waivers; Mr. Maloon said he did not believe he would need any waivers. Mr. Burke said he agreed with Mr. Lewis's comment about the open space shown on the residential compound plan and the existing easement from Eastfield; he is concerned that isn't the purpose of the open space. Mr. French said he agreed with Mr. McShane and Mr. Dolan; he did not think the open space lends itself to spirit or defmition of open space. Public Comment John Demassey, 22 Lewis Road, asked about the size of the proposed drainage easement. He said the area is already deep, and he would like it to stay that way so the water doesn't flow toward his yard. Motion: To continue to November 7,2001 at 8:00 p.m. (Dolan-Achille) All in favor. PASSES r 1!!$11..~~,~ijij~~i~tt.w~::.~~....:..............................::..:~....:..~!:........:............:..............:............:..:....~.:ii........:~..!..!..!li:......!......:..~..::..~...........i!i!..:i.ii~...........:.:....!il Mr. McShane asked about the plans for the Highway Garage gas tanks; Mr. Burke said there has been no activity on that. Mr. Frank asked about complaints that have been received about the incorrect lighting being installed at the Hope Street field and parking lot. r;:;..;:::;:;:;:;:;:;-;:;:;:;.;.;';:;:;:;:;:;:;:::::;:;:;:;:;:;:;:;:;:;:;:.;:;:;.;:;:::;:;:;:;:;:;:;:;:;::;:;:;:;::;:;:;:;:;:;-;:;-::::;:;:;:::;:;:;-;:;:;:;::::;:;:;:;:;:;;;:;:;:;:;:;:;:::;:;:;:;:::::;:;:;:;:;:;;;:;:;:;:;:;:::;:;:;:;:::;:;:;:;::;::::;:::;:;:,:;:;:;::;:;:;:;:;:;:;:,;;:;:;:;:,;,;;;;;;;;;:;:;;;;;;:;:;;;;;;;:;:;;;;;:;;;;':;:;:;:;;;;;:;1 ....~~.~:~....m:.J~~ffl~~~:.:....:~.~.~.~:~,~.~:::.~,~.~~.::~~.~'~~~.:..~'?:.:..~:~~.~.~.~.~.~~'~.~.~.~.:..~:~:~.~.~.~.~.~.~.~.:~.~.:..........::~:;::..~:.::..~.~.:~.~.~.~~.~:~.~~:~::.~.~:~~.~.~~.~.~.~.~.~::~.:~.~.;~:~:.;~.~..~.~.~:?~.~.~~.::~.~. Motion: To adjourn at 12:00 a.m. (Dolan- Torman) All in favor. PASSES Date of next meeting: October 17, 2001 at 7:30 p.m. ~~ q..{ju-A- 19nature of Clerk U j(}-) )--0/ Date of Approval ('