HomeMy WebLinkAboutmin of planning brd 11/07/01
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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
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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
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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
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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
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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.
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Several residents were concerned about traffic safety during the winter.
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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.
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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.
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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
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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
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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
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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.
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"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)
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"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
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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
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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.
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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.
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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
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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.
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Motion: To adjourn at 11 :30p.m. (Cook-Frank) All in favor. PASSES
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Date-ofnext meeting.: November 28,200-1 at 7:30-p.m.
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Date of Approval
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