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HomeMy WebLinkAboutmin of planning brd 11/07/01 ~ ( ~f~f!XtD Planning Board Mi"H1es . t > OFF Ie F November 7,2001 NOV 29 p.~ - H. Thomas French, Chairman; Bernie Dolan, Clerk; Keru;J.~th Tomilih, Wtk Cook, Scott ;= ~o;;'::~~~;, Director of PIannin aod Dettro · ~1ihlP D n@.r\:_ttgfj@~\m9m!~r\~\1~~Q\\piml\?fr.~.~.~.~.~.~.~.~..:n.~."..:...:.:...............:.......>.. .................... ..~.:....::::':.~::::::::::: r I:[~( [:.q9:t:r!!pp.~(t~~[::[.:.\[::~.:\:..:.\\ ::................ ..:::::::.' :::::::::::.::::.:......)....:..............................:......::::.:::..::..:.::::..::...::....:......:.....:.. :.....:... ......1 1. October 17, 2001 Minutes Motion: To approve as submitted (Doian-Cook) Four in ravor. McShane abstained. PASSES 2. Request for Release of Surety - Wayfield I Memo from Jack Smith recommending the release Motion: To release $20,893 (Dolan-Cook) All in favor. PASSES 3. Request for Release of Surety - River Edge Estates I ~femo from Jack Smith recommending the request NOT be granted Motion: Not to grant the release request because the work is not complete (Dolan-Torman) All in favor. PASSES 4. Request for Release of Surety - l\l1chae1l\1cClanahan - South lvt:eadow Estates - $17,500.00 1l\1emo from Jack Smith recommending the release Motion: To release $17,500 (Dolan-Cook) All in favor. PASSES 5. Request for Release of Surety - Folkman/Zola - Eastfield Village - $45,368.731 ~lemo from Jack Smith reconunending the release Motion: To release $45,368.73 (Dolan-Cook) All in favor. PASSES 6. Request for Release of Surety - Stan Feck - Woodland Park Phase 1 and Phase 11 / OM.emo from Jack Smith recommending the release Motion: To release $8,530 in Phase I, 60,487.44 in Phase II (Dolan-Cook) All in favor. PASSES 7. R~qu~sl for R~kas~ of Sur~ly - Jack Riccio -wfillfarm Eslalt:s (Holslt:in Road) - $38,5341 Memo from .Tack Smith recommending the release Motion: To release $38,534 (Dolan-Cook) All in favor. PASSES "Mr. Frank arrived at this time. 8. ZBA application for variance Lot 17 Ridgeview Lane Front Yard Setback. A different house was constructed than was shown on the approved plan. "Mr. Burke suggested sending the ZB A a negative recommendation, since there is no hardship due to any unique topographic shape or the lot; the only apparent reason is that the builder built a different house than the one approved. Motion: To send the ZBA a negative recommendation for the above reasons and because the grant of this variance may set a dangerous precedent for other builders. (Dolan-Frank) All in favor. PASSES 9. ZBA application for variance - 42 Riverside Drive - Frontage. The applicant would like to construct one house but does not conform to current frontage requirements. Mr. Burke does not beiieve the streets shown were in existence before zoning was enacted; therefore, the lots are not pre-existing. ~Mr. Frank said he did not believe there is a hardship to the land. Motion: To send the ZBA a negative recommendation because there is nothing relating to the shape or topography of the land that warrants the fmding of a hardship ,.-.. I- (' and the grant of a variance would derogate from the intent ofthe by-law. Granting this variance may s~t a bad precedent un uther land-lucked parcels. (Dolan-McShane) All in favor. PASSES 10. ZBA application for variance - 15 Mystic Lane - Side Yard Setback. The applicant claims a hardship because of wetlands, a retention pond, and the septic system. Mr. Burke suggested a positive recommendation because there is a hardship. l\fotion: To send the ZBA a positive recommendation (Dolan-Cook) All in favor. PASSES 11. ZBA application for variance - 73 Benefit Street - Frontage. To create iWo lots on a public way that is not paved. The board is unclear exactly where the paved portion of Benefit Street ends; it is also unclear whether a variance is needed. Motion: To send no recommendation to the ZBA because we do not have enough information about the status of Bencfit and Riversidc (Frank-Dolan) All in favor. PASSES 12. Memo to Town Counsel Robert Mangiaratti re: Ridgeview Estates 13. ZBA decision - 65 Crocker Street - FoikmanlZoia - Denied (Negative recommendation) 14. ZBA decision - 54 Willow Street - Willowdale Golf Course - Granted (Positive recommendation) 15. ZDA decision - 6 Lewis Road - Campo - Granted (Positive recommendation) 16. Copy of Appeal of Erin's Centre Special Permit 17. Meeting Notices: Attleboro Planning Board; Attleboro ZBA; Easton ZBA; Easton Planning Board; Foxboro Planning Board; Sharon ZBA; Sharon Planning Board; Canoe River Aquifer Committee 18. Planning magazine 19. Journal ofthe American Planning Association 20. TIle Beacon r I........................................................................................... ................................ ..............................1 ~:~t~~~:m&1>>~A(~lPJ~::~::~::~~::~}f:~::~:frr.~~:~: : :.::::::.:::::::::.::::::::::::.:. ..... .: ::...............:::: ~~::~:?:.::r:~~:~t::~:~rr Crocker StreetlPratt Street - B 1 zone; F &Z Properties. There are currently two houses on one lot; the lot will be separated into 1\vo lots. There are no area or frontage requirements in this zone. Motion: Not to sign the plan and to return the plan to the applicant with a request to identify the piece being conveyed and the changes being made more clearly (Frank-Cook) All in favor. PASSES \~[~~~:R~~~lfm\~.~:~i~~~~~€~tf.l.!;;t{~~~::Ir:I~:~~I~t~~[[\r\\I~~m:;~.I~:~[~\.~~:~~.\~~::[~[~:~[:~~m[~:~\~[~\~~:~\~t[~:mt:~::~I~.:\~\~\~[:~~~~[~:~:[[:;~~~\I~l Heather Arrascue, Kybren Circle, said the swale in the front of the houses was not disclosed to the residents by the developer, real estate agent, or builders. The residents believe the swale represents a safety risk and a health hazard. They also believe the swale is aesthetically inappropriate for the neighborhood. She said they were also told by the builder there would be a sidewalk installed on the roadway. "Mrs. Arrascue asked ror the board's help communicating with the developer. .r- Several residents were concerned about traffic safety during the winter. ," r Mr. Burke explained the swale is shown in the profile section of the plan, although it is dillicuH Lo S~t: on Lht: planvi~w sht:~L. Tht: board look~d aL Lh~ plan. ivIr. McShant: said during the permitting process, the board had talked a lot about the drainage system and the best way to prevent water problems for the existing neighbors. Mr. French explained this is a residential compound with a private driveway, and is a more tlexible type of development. He explained there are many ways to do drainage systems, and this developer chose to use the swale method, which was approved and is acceptable from an engineering point of view. Mr. French said any non-disclosure is a consumer issue between the residents and the developer and real estate agent. Mr. Asirwatham said they would like the board's help to work out an acceptable solution for cveryone. .Mr. Frcnch said the board could try to contact .Mr. Bro\-Vn, and ifhe is willing to replace the swale with a pipe, the board would be willing to accept that change. However, if he is not willing, the board cannot force the developer to change something that was approved and that works properly. 1\,fr. Frank said legally, the board is unable to do more than try to work with the residents and the developer to work out an acceptable solution; the appeal period has passed, so this is an approved plan. At this point, the board has no standing to change the plan. ("' Mr. French said there are other subdivisions in town with similar drainage, and while the residents may not like it, public safety is a very vague issue. He said the board is willing to work with the residents and the developer, but cannot force him to make the change. The neighbors were concerned about the number of houses in the development; there are seven rather than six. ~fr. Burke explained that there is one home with fi"ontage on Oak Street, which takes it out of the compound. Mr. Frank explained that whether that house would be required to pay for street improvements is something that should be spelled out in the homeowner's association documents. The residents were also concerned about the construction debris and work left unfinished. Mr. Burke explained that the developer has two years to complete the work, and because lhis is a prival~ way, Lht: lown holds no surdy. Ht: said lht: issues rt:garding conslruclion debris, completion of the roadway, and the cutting of several driveways fall on the residents. The residents asked about having a "private way" sign installed at the entrance to the development; Mr. Cook said the residents could install one. Several residents said they had been told there would be a stone wall installed at the entrance; there is no stone wall shown on the plan. !\{r. French said if that were to be done, a scenic road permit may be necessary. Mr. McShane said the board would try to communicate with Mr. Brown, but said whatever altemative plan is proposed will have to keep the drainage within tI1is development and not effect the surrounding neighbors. -, r Mr. Dolan suggested sending Mr. Brown a letter asking him and his engineer to meet with lh~ board. Mr. Burk~ said h~ had spoktm with Ihe t:nginet:f, and discussed a number of options; however, it is unknown how that would effect the balance offlow. "Mr. McShane said the residents should consider the ramifications of the alternative drainage systems; one of the developer's proposals may be a hole in the ground for drainage, which may be deeper and more dangerous than the swale. Mr. Dolan said someone, during the homebuying process, should have informed the potential homeowners prior to the sale. Motion: To send Alan Brown and Ralph Maloon letters asking them to come into a Planning Board meeting to discuss thc swalc issue and any alternatives to the drainage system they have explored. (Dolan-.M:cShane) All in favor. PASSES ??~[[[!~!~!ij~~m~irijl)lit:a~i...iijlt!~~~#~~%'[NiAAI~[rsr,~~iTif{i~9ti::R~ifl~ft[:. .................1 1::::::::~;~~~:~U~.::r'.'... ..' . ... . ..>>>::....:.:...:::.:. ,::::::::.:':':"::':;.::.:.:.:.:...:..:.:..:.:.;;::'. ... ':::":"::::::::'::>:>1 The clerk read a request for continuance fi'om the applicant. Motion: To continue the public hearing to November 28, 2001 at 9:00 p.m. (Dolan- Torman) All in favor. PASSES ::~{:[:~r~=t[4~~#,~ffl;~:P~~~i9~:~ijiR~~9mm~ijij~~ij~'i{.[ :::::"i'.:"::::<\:::::..... ........ r The following streets are on the warrant for acceptance at the Fall 2001 Town Meeting: Stillbrook Lane Homefield Drive !\1ayhew Farm Drive Eugenia Drive Deer Path Circle D~nwood Slrt:~l Marsha1l Avenue Pilgrim RQad (F &Z all) Freedom Trail (F &Z all) Old North Trail (F&Z - portion) Stratton Road Colonial Drive (Mac Homes portion) Plantation Road (IvIac Homes portion) Old Stable Drive (Ivlac Homes all) River Edge Road Cobbler Road Shawmut Avenue Extension Smi!t:y A venue Colonial Drive (F&Z portion) Autumn Lane (F &Z all) Mayflower Drive (F &Z all) Plantation Road (F&Z - portion) Martha's \Vay Old North Trail (Mac Homes portion) HalVestwood Lane (Mac Homes all) Carriage House Lane (Mac Homes all) Mr. Burke explained the Board of Selectmen's public hearing will be November 28, 2001, and Town ~1ccting will bc Dcccmbcr 3, 2001. He rccommcndcd voting to support all streets for acceptance as public ways with the provision that all punch list items are complete by November 28,2001. Motion: To support the above streets for acceptance as public ways with the provision lhal all punch lisl il~ms ar~ compl~l~ by Novemb~r 28, 2001 as rt:commtmd~d by Ih~ Planning- Director and Town Emrineer. (TOTman-Frank) A1l in favor. PASSES 4,.,.1 4..J',I (' r ( r [1~~~:M~~!~i.MJ!g~~n~gij9~~!~9m~~~!~ij!g~~W~~J&~![.mgijW~YfJ~!-~~~~!.:.!jl John Sullivan, Town Engineer, explained they are proposing to replace the underground fuel tanks at the Highway Garage with above-ground tanks. !\1r. Sullivan is asking for a recommendation to the- Board of Selectmen. He- said gasoline- odors were- noticed at this location in 1999, and gasoline was found in the groundwater. DEP was notified and tracked down the source or the gasoline, which wmed out to be fittings on the tanks leaking into the groundwater. The soil has been contaminated in the area of the llllderground tanks; they have satisfied DEP for the installation or a pump station. However, the contaminated water and soil must be cleaned up soon. l\.fr. Sullivan said at the last meeting, there had been some concerns about this area being in a Zone II; they have investigated purchasing fuel at a private station and getting rid of the tanks. There was a probiem fmding a station with 24-hour service willi gas and diesel and with emergency power; there was also a legal complication with the town's gas e.xemption tax. Mr. Sullivan said they looked at other town-owned parcels. to locate the tanks and the highway garage. The town-owned parcels are either land-locked, have conservation restrictions, or other municipal uses; there were 12 parcels without those restrictions. Of those, most are contaminated, too far from town, contain ponds or wetlands, abut rivers, are in residential neighborhoods, or already contain municipal uses. One parcel of iand is adjacent to the airport runway. He said the current location, while not ideal, is the best location. "Mr. McShane asked why the current site is in the Zone II; Mr. Sullivan said it is due to its proximity to Prescott Wells 8 and 9 and within the Canoe River Aquifer, an ACEC. :tvk SUlliV'dll said th~yare not-within 20() fe~t-ofa riwe-or 100 fe~t-ofa wetland. Mr. Sullivan said most of the Gilbert Street substation site is already taken up by the substation; it is also on a very narrow, residential street. Mr. Burke said that site also contams a lot of wetlands. l\.1r. Sullivan said there is a similar problem with the Scott.... Goyea land on Oak Street. He explained the town-owned land on West Street abutting Spring Slred is adjac~llo iht: Rumford Riv~r. Thr~~ parcels on :tvlaplt: Sl.r~d art: watershed areas for the Cate Springs well. Mr. McShane said he understood this was to be a replacement of the existing tanks, but said they could be removed and not replaced at that site. "Mr. Sullivan said that would be possible if there were another site for the tanks and the highway garage. He said it wouldn't make sense to have those uses in different locations. "Mr. McShane said the current location is near wells, an ACEC and a river, which may be more important than the efficiency of having the tanks and garage in the same place. Mr. Azinheira explained the town is using the majority of the land at the compost facility off of Fruit Strcet; thcrc arc also problcms with running the trucks through thc rcsidcntial areas. In addition, there are very specific buildings on the cilillpOSt site, and to relocate- that would be prohibitively expensive and difficult to permit. Mr. Sullivan said there is a parcei adjacent to the compost faciiity that abuts the runway. r "Mr. French asked about putting the tanks behind the police station; l\.1r. Sullivan said lh~r~ wouldn' l b~ room, and lhal sil~ abuls a riv~. !vIr. Fr~nch ask~d aboul ~xlt:nding a roof over hoth tanks; Mr. Sullivan said there would he no henefit since the water shedding fro.m the. tanks, will go. into. the. pe.a~tQne. undeJ: the. t~!l.kl~,.. The.re. will be. gt!M<l rails around each tank and no public access. The new tanks will be 50 feet behind where the existing tanks are. Each will hold 10,000 gallons, with one for gas and one for diesel. The tanks have a double-wall design and a monitoring system to detect leaks. The dispenser pads will be covered by a canopy, with the rainwater from the canopy going through downspouts into two reet or crushed stone in the ground, which will be large enough for the lOO-year storm. The hoses will have breakaways and automatic shutoff.~. The new pavement will be compensated by pavement that has already been removed, and an electronic fuel management system that will only dispense enough gas to ftll a particular vehicle will bc installed. There will be catch basins with the site sloped toward them inte a lIDlding tame ~fooiIDring cameras will be. installed, and deliveries will be. limited to the regular hours of the highway garage. :Mr. Sullivan said he believes the above-ground tanks will improve the current situation and eXplained DEP regulalions aUow thes~ tanks in a Zont: II art:a. I\1r, ~~lfk~ ~\~ggl1~tl1g ~11n.gin.g ~ PQ~itiYe fI19Qmm~n~tion to the BQ~rd of S~1~9tmen because this 'is a much better situation than currently exists. The site has to be cleaned, so as a practical matter the tanks have to come out and the soil must be cleaned. (' Motion: To send the Board of Selectmen a positive recommendation (Dolan-Frank) r "Mr. McShane said he believes there must be alternative sites; this would be prohibited if this were a new proposal. He agrees this will be better than the cunent situation and that th~ ar~a has to be cl~an~d up, bw' because the rephtC~Dlent'maybe legalty -allowed doesn't mean it should be. He said thi~ site has been protected in three different ways and he does not believe this is a good choice for the town to make. Dr. Torman said he agreed the town should be held to a higher standard, but to put the tanks in this location is not doing this. l\.1r. Azinheira said he did not believe the sites on the outskirts of town would be practical because of travel time, traffic through residential neighborhoods, and other factors. Three in favor. McShane, Torman opposed. Cook abstained. PASSES 1;~l'!.lIIri.'I.Mm.i,!ml'I.,I..~~!illil;.!:! )@I Chelsea Hanbridge, Engineer, Edwards & Kelcey, explained they have addcd six gravel parking spaces and signs. A four-foot wide. turfsteile. walking path has been adiled t{) defme the pedestrian space. The secondary access issue has been addressed; there is an existing dirt road coming off the Sebonic Partners land with the instaiiation or an emergency crash gate. The top of the berm has been increased two inches, and two lights .. r r r have been added. The traffic island has been cut down at the comers to better facilitate turning mov~rmmts at th~ island. A st~el guard rail has b~~n add~d at th~ point wh~r~ th~ dropoff is significant per NfT. Sullivan's concerns. They have met with Patrolman LcaW&QQ.. <!P..~.!y1r. SqUiv<!p.. <lml Q~Ji~ye_ tb~y h;~:ye_ <l49f~~f:>est tb~jr ~(mr;_e.m-~" Correspondence The cierk read memos from Mr. Sullivan, Mr. D' Ambra, Patrohnan Lawson, and Lt. Towne. l\1r. Sullivan indicates he is satisfied with the above changes. However, he said the permeability rate has not been calculated and he requires an actual field test to determine that rate. Mr. D' Ambra has not received plans. Patrolman Lawson is satisfied with the revisions. Lt. Towne has no fwther concems. Publ!~ Comme!]t ih~;e w~ n6'public comment. Board Comment Mr. Dolan said he was pleased with the revisions. Mr. Burke said he believes the applicant has addressed the concerns raised at the last meeting. Motion: To approve the special permit with the following conditions: 1. Plan of land titled the Village at the Pointe, pages 1-14 of 14 in Mansfieid, l\.fassachusetts, dated June 1, 2001 and revised July 2, 2001, July 20, 2001, September 21, 2001, October 12, 2001, and October 17, 2001 by Edwards & Kelcey Architects and Engineers, prepared for Abbott Real Estate Development, LLC, 264 Beacon Street, Boston, .rvfA 02116 is ulCOlporated Ulto this special pennit decision by reference and shall be recorded with the special permit decision. 2.. (':\l~ sj!e, i.1]pr9y~~,!~s_sh~Hb,e_ ~Q1J~tryIc!e_d, i~ ,!~_c,oI~nge, wi!h th~ '!ll,oye_-(efer.ence~ plan. ' . .' . 'C . , .,. . ,- , '- . - . ' , c - .". " - 3. The way shmvll on the plan entering from Reservoir Street shall remain a private way. The Town of!\1ansfield shall not be asked to accept or maintain the way. 4. A copy of the easement document to access the site from Reservoir Street over prop~ly own~d by St:bonic Parlnt:rs shall b~ submiUt:d. 5. Occupancy of these age restricted units is limited to persons 55 yeaTS of age and ol<l~r. . 6. No salt shall be used during snow removal activities; the Planning Board suggests the use of sand. 7. The applicant shall conform to all Conservation Commission conditions and local wetland by-law setback requirements at all times during construction on this site. 8. A letter from me Town orNorton confuming its water and sewer systems will be able to handle the additional flow from this project shall be submitted. 9. All abOYf<-referf<nced. d~artml:(nt hl:(4d. comml:(nt$shall be sati$f'lj;tQrilyaddrf(sseQ, specifically Mr. Sullivan's permeability test requirement. r 10. No activity other than minor clearing of debris outside the limits of work shall occur wi/houl/he approval of /he Cons~rvalion Commission or lhe Plarming Board. (Dolan-Cook) Mr. Dolan: In favor. This is a good project and something the town needs. Appreciate the applicant working with the board and believe it's a good use for the site Mr. McShane: In favor. This plan meets the requirements of zoning by-law; given the nature or the project, the tax benefits will outweigh any detriments to the town. The more sensitive low scale development in this plan will be an asset. Mr. Frank: In favor. The plans meet the requirements of the zoning by-law, specifically Section 3.3.10 and 5.6, and I believe the benefits of the proposal, specifically the housing altem-ative; outweigbs detriments. This will be- a low~sefvice- development and will be- good for the town. Mr. Cook: In favor. The plans meet the requirements of the zoning by-law, and the projt:cl will be bt:neficiallo the lown. Or, Tqfffl!\n; In f!\yqr, Th&:;: pl!\n~ m~~t tlw r~~mir~m~nt~ qfth.~ mmng by-l~w. !\ml the project will be beneficial to the town. r l\fr. French: In favor. The plans cor.form to the special Pv"llnit requirements and the benefits outweigh the detriments. All in ravor. PASSES 1!~,i!!Ari~~t~~1'i~:[;J!~:;i:;~u;nn[;ni;n[Jf;[JU::f!UU~!U!!U:!:iiii!:U!;[!~:!~(::;;;:::;.;)~:::::::::::.::::::;::::.U!\;~i;n~;;;JI Mr. Frank asked about the cars being sold on Northridge Road. Mr. Burke said he has been by there, and has not seen any cars. Mr. Frank said he has noticed advertising. !\.1r. ~.1cSp..ane ~ked about the Erin's Centre appeal. !\.1r. Burke ~aid Town Counsel has filed a motion of appearance on behalf of the town; the applicant and the appellant will go to court. The board talked about discussing the residential compound by-law and estate lots. l!i!~m;A4jmlrimf.P!:!))!))!!!i))!!!::!~!!))i ::... :::;;;;;;;;;;;.;;;;;;;;:;;;:;':::::;::::I:::: ..... ... . ..... .:::..':. ..:... Motion: To adjourn at 11 :30p.m. (Cook-Frank) All in favor. PASSES .. . -'1 Date-ofnext meeting.: November 28,200-1 at 7:30-p.m. ~e.i7~- ))- L.-f?- t7/ Date of Approval r