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HomeMy WebLinkAboutmin of planning brd 10/17/01 r r r . }! RECEIVED . 'i C( rr?,r,'S OFF ICE Planning Board Minutes 0 I NOV - 8 p... October 17, 2001 n 2: So H. Thomas French, Chairman; Bernie Dolan, Clerk; Kenn1t Tfb~FMt:b Cook, Scott Frank ASSACHUSET Shaun P. Burke, AICP, Director of Planning and Development TS j:i!~i:~.M.!~mii~~.i~i91.it~ri#.fi1;~~f~p~m~iiii.i'i'i~:i)~~ .:::::::::::::::::::::::.::::.:.:;;:.;.;..........::::::::::::::::::::::..:.:............::::: ...1 Motion: To a oint :Mr. Frank actin chair olan- Torman) All in favor. PASSES :.).J~).ltlitt~~ij~~~..:...II::..I.}..:i.t..:t)t . ....::.:.....;:;:.;:::::::::::::r:rr:;;;;;;;;.:.:..:::::::::::::: .::: :..:::.::::.::.::::............ 1. October 3, 2001 Minutes Motion: To approve as submitted (Dolan-Cook) All in favor. PASSES 2. Request for Release of Surety - Eastfield Estates - Granite Curbing - $46,430 I Memo from Jack Smith, Subdivision Inspector, recommending the release Motion: To release $45,430 for the installation of granite curbing on Nicole Road and Noreen Road (Dolan-Cook) All in favor. PASSES :Mr. French arrived at this time. 3. Letters from :Mr & :Mrs. Arrascue and:Mr. & :Mrs. Asirwatham, Kybren Circle re: drainage swale; request for modification. :Mr. Burke suggested the board members look at the site and discuss the issue at its next meeting; he will send the homeowners a letter to that effect, recommending they talk to the developer before the next meeting. He explained the swale was not installed until after the homes were occupied, but it is shown on the plan. The options are to leave it as is, modify it and have the developer hard pipe and cover the swale, or the homeowners could agree to share the cost among the association. The board discussed whether it was their role to mediate an issue between a developer and homeowners. Motion: To have the homeowners in for a discussion on November 7,2001 at 7:45 p.m. (Dolan-Cook) All in favor. PASSES 4. Letter from Matydee Lane residents requesting the cul-de-sac island be paved rather than landscaped. :Mr. Burke explained the island is relatively small and recommended granting the request. The street is at binder and will be topped by the end of the week. Motion: To allow the paving of the Marydee Lane cul-de-sac island (Dolan-Cook) All in favor. PASSES 4. Request for Release of Surety - Michael McClanahan - South Meadow Estates _ Sloped Granite Curbing - $20,880.00IMemo from Jack Smith, Subdivision Inspector, recommending the release Motion: To release $20,880 for the installation of granite curbing on Michael Lane (Dolan- Torman) All in favor. PASSES 5. ZBA decision - Rockland Federal Credit Union - Granted (Positive recommendation) 6. Meeting Notices: Easton Planning & Zoning; Sharon ZBA; Foxboro ZBA; Foxboro Planning Board; Attleboro ZBA 7. TransReport newsletter 8. Housing Partnership newsletter 9. SRPEDD Commission meeting notice 10. Community Developments newsletter 11. New England Planning newsletter r I I::~~:::.:f~.~:!~j:mij~.:::.....:....::::::....::....:...:..::..::....::..:::..:.....:.....:::.:.~.:::......:..:::::...:.:::....:....~.::..::::::::~:~.:......: ...... ::.:..:....~..::::::i:::1 Wilcox, Justin Drive. The existing house was not part of the Justin Drive subdivision. Lots la and 2a are still owned by developer; lots 2a and 2b are owned by the Wilcox family, with frontage on Balcom Street. :Mr. Burke explained Justin Drive is a public way and the proposed lots have adequate frontage and area; therefore, the plan warrants endorsement. Motion: To sign the Form A (Frank-Cook) All in favor. PASSES . . . . . . . . . . . . . - . . . - . . . . . . . . . . . . . . . . . . . . - . . - . . . . . . . . . . . . . . . . . . - - . . - . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . - . . - . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . - . . . - . . . . . . . !!~~:!~.:$~~i~!~~mit!~~~~i#:.I~~~gjl4m#m#:~~.%%lj!.~I~~~.!.~!~i:.tY!.~H~R~ry9~r:.. ~~'::ii::~$:!r~t: ......:.....\:....::...:::;::..::;.::::r..:::::.:: ;;;;;;;;;;;//:...:::::::::::::'..... :::::::::::.::: ...... ......... ...... ..........................:::::::: The clerk read a request for continuance from the applicant. Motion: To continue the public hearing to November 7,2001 at 9:00 p.m. (Cook-Torman) All in favor. PASSES . " . " . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . - . . - . . . . . . . . . . . . . . . . - - - - . - - . . . . . - . - . . - - . . . . - - . . . . . . . . . .!~..!I!.'~illl_llil~~Nil'~m!~~I!~eji9i~t~~~.~~~ij:!;!!t~~iI~.i The clerk read the public hearing notice. r Ralph Maloon, RTh1 Engineering, explained the site is surrounded by existing residential areas. He showed a sketch of a traditional subdivision on the site, as well as the proposed residential compound. The compound lots are all at least 30,000 square feet, which is consistent with the surrounding lots. The rear of the site includes open space. The land sheds to an existing depression in the middle of the open space; there will be a retention area in an existing low point with a berm to contain street and house runoff. :Mr. Maloon explained they will handle the current and future water, with a slight decrease of about 10% in each direction. Soil tests have been done with the Town Engineer and perc tests have been approved by the Board of Health. During the one-year storm, water will remain about four hours; during the 100-year storm, water will remain about one and one half days. :Mr. Maloon said the soils are Class B. The site will be on septic systems. The clerk read department head comments from Fire, Electric, Police, Water, Engineering, and Conservation. Public Comment Bob Almeida, 4 Northridge Road, showed the board photographs of his existing water problem and said he was concerned about additional houses increasing that problem. :Mr. Burke said he did not think this development, on the other side of Eastman Street and uphill from:Mr. Almeida's house, would effect this problem. Bob Wilson, Cooper Road, asked about the house size planned; :Mr. Maloon explained he did not know what the houses would be priced at, but would be about the same in either a compound or a traditional subdivision. He further explained the homeowners would all own the common open space. r r Regarding:Mr. Lewis's comment about the open space not being valuable to the town, :Mr. Maloon explained they are not planning to give the land to the town, but rather to use it as open space for the residents. Joe Esposito, 20 Sturbridge Drive, asked what would happen to the existing wooded area. :Mr. Maloon said it was possible the builder would clear more than shown on the plan, but on the plan, he only shows clearing for the homes and drainage systems. :Mr. Esposito asked if the trees would be marked prior to clearing beginning. :Mr. French said the property lines should be clearly marked; he asked if this could be made a condition of approval. :Mr. Burke said it could be. Joe Carter, 17 Weaver Lane, said he does not want to lose the trees between his house and the new homes. He was concerned about the proximity of the new road to his property, especially if trees are removed, and would like more of a buffer. :Mr. Maloon agreed the trees are sparse in that area. :Mr. Dolan asked if the applicant would be willing to add more trees. :Mr. Maloon said due to an existing cart road, the trees shown on the plan aren't as thick as shown on the plan. He said some trees could be added. r , :Mr. Carter asked about this development having the same water problems Weaver Lane is having. :Mr. Burke said a number of things have been done to aleviate the Weaver Lane water problem; Mr. French said it appears the Weaver Lane houses are at a higher elevation than this project. :Mr. Maloon said the new houses would be higher than the retention area. :Mr. Maloon will prepare responses to the department head comments. Board Comment :Mr. Cook asked if the emergency spillway had been added to the plan. :Mr. Maloon said it has not and would be discussing that with the Engineering Department. :Mr. Cook asked what the benefits are of a residential compound. :Mr. Maloon explained there would be far less pavement than in a traditional development, there would be a piece of open space left, and the residents would maintain the roadway. Dr. Torman asked the length of the road in the conventional plan; :Mr. Maloon said it would be about 550 feet; with the cluster, the road would be about 280 feet. r :Mr. Frank asked whether the plan would meet the 35% open space if the open space were taken out; :Mr. Maloon said it would. :Mr. Frank said he did not see the open space being usable for the town;:Mr. Maloon said it would remain the property of the homeowners. :Mr. Frank said he does not see the reduction of pavement as enough of a benefit, and suggested trying to relocate the road to create a conventional subdivision. :Mr. Maloon said it could be moved somewhat, but was unsure how much. :Mr. Frank said he would be more likely to vote for a waiver on the roadway width if it was shown the conventional design would protect the abutters. r Mr. Dolan said he preferred the residential compound design, using as little pavement as possible. There would be more green space, less pavement, and the town wouldn't have to maintain it, so he felt there would be a benefit. :Mr. Burke said he didn't especially like either plan. He said residential compound is a good development option, but the board seems to be seeing more sites lately that would have traditional development problems, so they come in as compounds. He was concerned with the drainage being within the open space, making the open space less usable, and suggested there might be a better plan than either one shown. :Mr. Burke said he agreed with the Engineering Department's request for a spillover from the retention basin. :Mr. Maloon said he had considered making the basin larger, but found he would need a waiver for distance off the property line. He said he thought he could build a traditional subdivision without waivers, but would not know for sure until he began designing. :Mr. French asked about the common open space; :Mr. Maloon said the homeowners would jointly own the land. :Mr. French said he saw the value of the open space and less impervious sutface, especially with the existing water problems. He said the open space will keep undeveloped land around the existing neighborhoods as well as the new houses. r \ :Mr. Frank and:Mr. Cook agreed with :Mr. Burke that there must be a third alternate for this site. :Mr. Dolan said he was concerned about a plan coming back with too much paved sutface. :Mr. Burke said the board is able to grant waivers if it feels it will make the plan better, and suggested :Mr. Maloon work on other options. Motion: To continue to November 28,2001 at 8:30 p.m. (Frank-Cook) All in favor. PASSES r--- " ... ..---------.-..--1 ~~<<~~:l.MJmJ~~H~gijg~~mi#ij~tf%.~#~i.J@J1#fR.n%~~ri.OO~~~ijiji:.~..~~.~.~~~::::~~:..:~~~~.~~~~~.:~~ The clerk read new correspondence. 1. Memo from David Field indicating the drainage calculations have been revised and are satisfactory, and the drainage basin will work properly. 2. Memo from Officer Lawson indicating no obvious traffic hazards, requesting a stop sign at Marshall/Smiley, and saying a three-way stop sign is not needed. 3. Memo from Richard Lewis indicating the Conservation Commission has not received a Notice of Intent. The clerk read a letter from:Mr. Feck offering to donate $8,000 to the sidewalk fund if his sidewalk waiver request is granted. r-- Ralph Maloon, RIM Engineering, explained the revisions, including a three-way stop sign at the comer of Denwood and Marshall. Contours have been added to the plan in the area, showing the new lots shedding toward their drainage system. Bounds have been added around the detention area easement. There is currently one sidewalk on Marshall Avenue in Phase I; the applicant is requesting a waiver from the installation of sidewalk on both sides in Phase n. He would like to continue the sidewalk on the same side of Marshall Avenue out to South Main Street. :Mr. Feck is also requesting a waiver for r sidewalk material. Dr. Torman asked if it would be better to retain the concrete sidewalk on one side, which will last longer and require less maintenance. Public Comment Rich Ablom, 60 Marshall Avenue, asked about the stop signs. :Mr. Maloon shows one proposed at SmileylMarshaW Aspen, one existing at SmileylMarshall, and one proposed three-way stop sign at DenwoodlMarshall. Officer Lawson has said he does not believe the three-way is needed; :Mr. French said the board may fmd the three-way necessary; :Mr. F eck said he would install whatever the board wants. Ken Paiva, 48 Marshall Avenue, said calculated about 300 trips per day with the opened road, which he said is an approximately 270-trip per day increase. :Mr. French said he was not convinced the increase will be that large; he thinks the traffic will be more evenly distributed with the cul-de-sac opened. :Mr. Paiva was also concerned about the opening of the cul-de-sac decreasing the values of the existing homes. He proposed leaving the cul-de-sac as is and extending Aspen Street to end in a hammerhead. :Mr. Frank explained that because this is a traditional subdivision and not a special permit, the board does not have as much leeway to amend the plan as submitted. :Mr. Feck said he had considered that option, but said current zoning regulations would not allow it. Mr. French said that would simply result in more dead-end streets and safety issues. :Mr. Frank said he thought the traffic calming measures proposed would help the speed issues. r "\ Carl Emerick, 11 Denwood Street, asked about the impact report, which used old numbers and did not look at the impact from these new lots. :Mr. French explained the board has received an amendment with revised numbers using current data for the four new lots; :Mr. French said he was satisfied. :Mr. Ablom said he abuts Phase II and is concerned about drainage problems if the new house next to his is built higher. :Mr. Feck said that lot would not be built higher, and would be pitched toward the street. :Mr. Burke suggested reconfiguring the proposed swale on lot 17a to redirect the water. Douglas McGee, 40 Smiley Avenue, said he currently gets runoff from the subdivision onto his property. :Mr. Feck said he visited the site and believes the water on that property is not coming from the subdivision, but is due to the way:Mr. McGee's lot is graded. :Mr. Burke suggested a solution might be to work with the abutter on a stone swale to bring the water to the back of the lots. :Mr. Feck said he would try to assist with a solution to the problem. :Mr. Burke explained the board does not have the legal ability to hold a previous issue over a developer when he comes in with a new project; he said the board also does not have the ability to force:Mr. Feck to solve a problem created by another builder. r Heather Emerick, 11 Denwood Street, asked how to be sure:Mr. McGee's situation wouldn't happen when the new houses are built. :Mr. French explained:Mr. Maloon's plans show how the new lots will be pitched and where the drainage will go. r Mr. Emerick said this was why he asked whether the developer would be building all the lots. :Mr. Burke explained the :fmal plans are seen by the Building Inspector's office to determine a floor elevation. :Mr. Maloon added that the Board of Health checks the elevations on lots using septic systems. Board Comment Mr. Burke said the applicant has requested three waivers and suggested entertaining them :first if the proposal comes to a vote tonight. He suggested making the change to the swale adjacent to 60 Marshall Avenue be made a condition. r Waiver Requests: 1. Detention area to be 75 feet from property line rather than 100 feet as required. :Mr. Frank asked whether a benefit to the town might be the construction of the swale adjacent to:Mr. McGee's property. :Mr. Feck said that seemed unfair to him, and the builder of the adjacent house should be held responsible. He said if all the waivers are granted, he would be willing to do the work; however, he will not take responsibility for any other issues which might arise. Without the waiver, :Mr. Feck said the basin can work, but will be closer to the street and will take up more upland area. Motion: To grant the waiver for the drainage basin to be less than 75 feet from the property line and accept:Mr. Feck's offer to install the swale next to:Mr. McGee's property, subject to the property owners allowing him to do the work on their sites. (Dolan- Torman) All in favor. PASSES 2. Sidewalk on one side rather than two Motion: To allow the sidewalk to be installed on one side (Dolan-Frank) All in favor. PASSES 3. Use of asphalt rather than concrete in the construction of the sidewalk and accept :Mr. Feck's offer of $8,000 for the sidewalk fund Motion: To grant the waiver for the use of asphalt in the sidewalk and accept the gift (Dolan-Frank) 3 in favor. Cook, Torman Opposed. PASSES Motion: To approve the modification as requested by the applicant to add four additional lots to Woodland Park and to ex1:end Marshall Avenue to Smiley Avenue, including the following conditions: Extend 137 contour behind Lot 17 A to collect drainage from the rear of the properties; install a stop signs at intersection of Den wood and Marshall at all three corners of the intersection and a stop sign at the intersection of Aspen and Smiley on Smiley (Dolan-Cook) All in favor. PASSES . . . . . . . - . . . . . . . . . . . . . . . . - - . . . . . . . . . - . . . . . . - - . . . . . . . . . . . . . . . . . - . . . . . . . . - . . . . . . . - . . . . . . - . . . . . . . . . - . . . . . . - - . . . . . . . - . . - . . . . . . - . . . . . . . . . . - . . . . . - - . . . . . - . . . - . . . . . . - - . . . . - . . . . . - . . . . . . - . . . - . . . . ..........--..--.......................................--...................................................--......--......................~.................................................................................................................................................................................. The clerk read the public hearing notice. :Mr. French explained the board would be asked for a recommendation on this amendment. r Ken Butler, MMAS, explained they wanted the ability for an extension of the allowed time for a temporary use to be up to 45 days. The Selectmen would have the ability to grant extensions of the temporary use with a special permit up to 45 days, in conjunction with an entertainment license. He explained the society wants to do a light festival at the r Tweeter Center; they originally applied for a variance, which would have run with the land rather than the organization running the event. Instead, they have proposed a zoning by-law amendment. :Mr. Burke suggested the by-law be amended to specify "up to an additional 45 days." Public Comment Leonard Flynn, 102 Jewell Street, said:Mr. Butler has told the Selectmen he was withdrawing this application; therefore, residents who had planned to come to this meeting thought it would not be held. He said he did not think it was appropriate this hearing be held until the residents were informed. :Mr. Butler explained he was going to be approached to combine his Special Town Meeting in coIijunction with the Town's Special Town Meeting, which he would agree to, but did not ask to cancel this hearing. r :Mr. Flynn said the Tweeter Center is already non-conforming; therefore, it could not receive a special permit. :Mr. Butler explained this is not a Tweeter Center application, but rather an MMAS application. :Mr. Flynn was concerned there are no standards attached to this special permit; :Mr. Burke explained special permits all have standards, and if specific standards should be added, the proposal can be amended. :Mr. Frank said because the Board of Selectmen would be acting as the special permit granting authority under the Zoning By-Law, the standards of Section 5.5, Special Permit, would apply by default. :Mr. Flynn said he was concerned about other non-profit organizations doing this sort of activity all over town. :Mr. Dolan said the amendment was not specific to the Tweeter Center or the MMAS, but rather a general Zoning By-Law amendment. :Mr. Frank agreed, but said when the board considers amendments, it also has to consider the locations it could effect. Mickey Fournier, MMAS member, said the group has a lot of support in the community, but the proposal has become controversial because of the connection with the Tweeter Center. Mr. Dolan said the problem is that other groups may misuse this amendment. He said the board understands what MMAS is trying to do, but has to be very careful about changing the Zoning By-Law, since the change cannot apply to only one group. :Mr. Burke explained there is nothing currently in the by-law preventing Tweeter from operating year-round. Dan Clemmey, South Main Street, was concerned about other non-profit organizations abusing this by-law. Board Comment Dr. Torman said he would like to vote. :Mr. Cook said he would like to wait. (' :Mr. Frank said he wasn't comfortable supporting this amendment because ofthe loophole it would create. He said he was also uncomfortable with the traffic, light, and public r safety issues. He suggested closing the public hearing, but not voting on a recommendation until the night of Town Meeting. :Mr. Dolan said the public hearing has been advertised and regardless of rumors to the contrary, this has been a legal meeting. He said he was comfortable closing the public hearing and voting right before Town Meeting. :Mr. Burke said the board will have to make a report to Town Meeting, and without a report, Town Meeting cannot vote on the amendment unless a certain number of days [21] have passed following the board's public hearing. :Mr. Burke suggested the by-law be amended to reference Section 5.5 of the Mansfield Zoning By-Law. :Mr. Frank suggested just 5.5.6, since those are the specific performance standards under the Special Permit section. :Mr. Burke suggested amending the proposal to change "in all districts" to allow the use in the "Industrial 1 zone only." Motion: To close the public hearing (Dolan- Torman) All in favor. PASSES I.................................................................>.......................1 .]J.{..Afuund:tIle:T.ble:.:::::::::::::.:::::::::..:~.:.::::.~.~..:..::::::~.~...:::::::::::~.:::::.::.~.:::~~..~:::.::::::....::.::.::~.:::~.:::..~:.:::.:::::::..:::::~':::::.: ..------........--.................................--..........................................................................................................--.......................................................----..................--..........--.--..----...............--.................--..--..--................................... :Mr. Frank asked about apparent used car sales on Northridge Road; he said there is frequently one used car on a lot there, which frequently becomes a different car. r The board will be posted for a short meeting on November 6, 2001, which will be necessa 001 if the "MMAS S ecial Town Meetin oes forward that ni t. Motion: To adjourn at 11 :30 pm (Torman-Dolan) All in favor. Date of next meeting: November 7,2001 at 7:30 p.m. ~~ '7~O~ 19nature of ClerkV' /)-)-0/ Date of Approval r