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Planning Board Minutes
November 28,2001 OJ DFC -6 PH 2: 54
H. Thomas French, Chainnan; Bernie Dolan, Clerk; Kenneth Totman, Mark Cook, S-cott
Frank, Tom McShane, Roger Achille Ivi/\iL,r'IELD
Shaun P. Burke, AICP, Director of Plannin and Develo ment HAS SAC H USE T T S
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Motion: To appoint Mr. Achille Acting Chair (Torman-Cook) All in favor. PASSES
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1. November 7, 2001 Minutes
Motion: To approve as submitted (Dolan-Cook) Six in favor. Achille abstains.
PASSES
2. Draft Special Permit to be signed - The Village at the Pointe
Motion: To sign the special permit (Dolan-Cook) Four in favor. Achille abstains.
PASSES
3. Fotm J Release - 'Millfarm Estates (Sawmill Court phase) / Copy of checks in the
amount of $46,911.00 as surety
Motion: Set the surety for the Sawmill Court phase of 'Mill farm Estates at $46,911.00
(Torman-Cook) All in favor. PASSES
Motion: To sign the Form J (Dolan-Cook) All in favor. PASSES
[Mr. French arrived at this time]
4. Request for Release of Surety - Kevin Delaney - Wayfield Estates - $19,924/ Memo
from Jack Smith recommending the release
Motion: To release $19,924 (Dolan-Cook) All in favor. PASSES
5. Request for Release of Surety - AI Endriunas - Ridgeview - $28,850.00/ Memo from
'Mike Ahern recommending the release
Motion: To release $28,850.00 (Dolan-Achille) All in favor. PASSES
6. Request for Release of Surety - B&M Realty Trust - River Edge Road - $7,135.00
Motion: To release $7,135.00 (Dolan-Cook) All in favor. PASSES
7. Letter to Town Counsel Bob Mangiaratti re: Procedure for Rescission of Special
Permit
8. Letter from Stephen Smith, SRPEDD Executive Director, to EOEA Executive
Director Robert Durand re: Erin's Centre Final EIR
9. Meeting Notices: Attleboro Planning Board; Attleboro ZBA; Easton ZBA; Easton
Planning Board; Foxboro ZBA; North Attleboro Planning Board; Sharon ZBA;
SRPEDD Commission
10. Workshop Notice - Lincoln Institute of Land Policy
11. SRPEDD Regional Review
12. AP A Planning magazine
[Mr. McShane arrived at this time]
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Resubmission - Crocker StreetlPratt Street - B 1 zone; F &Z Properties. There are
currently two houses on one lot; the lot will be separated into two lots. There are no area
or frontage requirements in this zone. The plan has been redrawn per the board's request
to more clearly indicate the lot lines. [Mr. Frank arrived at this time]
Motion: To sign the Form A (Dolan-Cook) Six in favor. Frank abstains. PASSES
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Motion: Not to support the proposed zoning change (Dolan-Frank)
The board discussed the potential misuses this town-wide change could bring about,
along with the difficulty of defining a "non-profit" organization. Mr. McShane noted
that the Board of Selectmen would still have to grant the license for any temporary use,
and this by-law would provide a benefit to local non-profit organizations. Mr. Achille
said festivals aren't currently running constantly, so it wouldn't necessarily happen with
this amendment. 5 in favor. Achille, McShane opposed. PASSES
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Mr. French asked about the water issue on Smiley Avenue, which was brought up during
the Woodland Park II subdivision public hearing; Mr. Zola and Mr. Maloon said they
were looking into resolving that problem.
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Mr. Zola showed the board a preliminary residential compound sketch of 25 acres behind
Bird Road. The sketch shows houses backed up to Marydee Lane, and with everything at
least 100 feet from the wetland areas. There will be one Form A and four or five lots
within the compound. Mr. Dolan asked what the responsibility the Fotm A lot owners
would have with regard to the compound. Mr. Zola said he already had a prospective
owner for the Form A lot, who does not want to be in the compound, so that lot would
not be included. Mr. Zola said the environmental benefit would be keeping everything
away from the ACEC and the Canoe River Aquifer, and the open space would be next to
the wetland areas, and some of it may be given to the town. Mr. Maloon said the land
pitches toward the open space area, so the drainage would be there.
Mr. McShane said he liked the conventional sketch better than the residential compound
because of problems with compound plans being submitted on marginal land. Mr. Zola
explained he has 25 acres on this site, so it isn't as though he is trying to squeeze the lots
into a small area. Mr. Dolan said the point of the residential compound is to protect
water resource areas, have less pavement, and get some open space; he said this site
would be beneficial for those reasons. Mr. Burke explained there is town-owned land
across the street.
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Mr. Dolan explained that whatever direction the board may give does not obligate the
members to approve that plan if submitted. Mr. Cook and Mr. Frank said they would
consider the compound; Dr. Totman said there are many good reasons for a compound,
and if the applicant can show a conventional can be done, he would consider it. Mr.
McShane said he would consider the compound, but still prefers a conventional
subdivision. :rvfr. Dolan said he would consider it, and in this area, he believes a
compound would be the best alternative. Mr. Achille said he would consider the
compound and likes the buffer area near the wetlands. Mr. Burke said this land is close
to Marydee Lane, so there would have to be some buffer between the new lots and
existing lots. Mr. Maloon said they could add a wider buffer zone. Mr. French said he
would prefer a conventional subdivision.
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Karl Clemmey, owner of the land, explained there have been some revisions to the plan
following staff comments at the last meeting.
Ralph Maloon, RIM Engineering, explained the conventional subdivision versus a
residential compound. With the roadway changed, a three-lot conventional subdivision
will be possible, with the detention in the same place and a 550-foot roadway to the
center of the cul-de-sac. The residential compound includes a pocket in the center of the
property, with an earthen berm proposed on each side and the drainage running to it. The
driveway will be approximately 400 feet long, and existing trees will be left intact.
Restrictive easements have been added to the lots, which will be clustered at the front of
the land and will be about the same size of the surrounding lots. Area 3 shows a 15-foot
restrictive easement, which Mr. Maloon said was done because of the size and shape of
that lot. Mr. Frank suggested making that 30 feet wherever it is possible; Mr. Maloon
said that could be done on some portions. Mr. Clemmey said that was an unreasonable
request; Mr. Frank said these houses would be backing up to existing homes, so it wasn't
unreasonable, and it wouldn't reduce the value of the lots.
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Mr. Maloon explained the compound would be on a piece of woodland abutting ten
existing homes and thought the existing neighbors would prefer the compound, which has
more of a buffer. Mr. Burke said if the open space area is cleared for a drainage area, it
wouldn't have much value to the town or the residents, but with this proposal, which
changes the drainage system, the open space will be more of a benefit to the town and the
abutters. Mr. Clemmey said if sewer is brought to the area, he could fit up to seven
houses on that land.
Correspondence
The clerk read a memo from David Field, Engineering Department, regarding the revised
plan and indicating his concerns have been satisfied.
The clerk read a letter from Mr. Maloon explaining the revisions made to the plans,
including the drainage system being moved onto lots rather than in the open space, and
outlining the benefits to the town of the compound. Mr. Dolan read i\..1r. Lewis's original
memorandum concerning the location of the drainage area.
Public Comment
Bob Wilson, 41 Cooper Road, said he didn't have a problem with the proposal.
Board Comment
Mr. Burke said this is a much better layout than the original plan, especially with the
revised drainage system. He said he agreed with Mr. Frank about increasing the no-cut
zone on the frrst lot. Engineering's concern had been about the permeability and balance
of flow, and those issues appear to have been satisfactorily addressed.
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Mr. McShane said he did not see any benefit to the town and encouraged the members
not to vote for this project. .Mr. Frank said this could have come in under a traditional
subdivision, and the board would not have had the ability to work with the developer, as
it has done. He said there is a benefit to the abutting neighbors because there will be
more buffer area.
Joe Carter, who abuts the proposed driveway, said the traditional subdivision would be
very dangerous in terms of public safety; the compound would be more beneficial for the
neighbors.
Motion: To approve the special permit with the following conditions: the no-cut zones
shall be included on the plan, including a 30-foot wide no cut zone behind exclusive use
area 3 from behind the house to taper down to 15 feet at the cul-de-sac; the open common
space shall not be cut, altered or disturbed in any way; all improvements shall be
constructed in accordance with the plans; the roadway shall remain private and the town
will not be asked to accept or maintain the way; the homeowner's association will own
the open space and the homeowner's documents shall be recorded; the drainage area shall
be cleaned twice a year by the homeowner's association and reports shall be submitted to
the town engineer; all department head comments must be satisfactorily addressed.
(Frank-Dolan)
l\1r. Achille - In favor. The project minimizes the cost to the town, maintains the existing
character of the neighborhood, and will be a benefit to the neighbors.
r Mr. Dolan - In favor. The plan meets the requirements of the by-law.
Mr. McShane - Abstain.
Mr. Frank - In favor. The plan meets the technical requirements, the applicant has shown
a traditional subdivision can be built; and the benefits to the abutting property owners
outweigh any detriments.
Mr. Cook - In favor. The plan meets the requirements of the by-law.
Dr. Totman - In favor. The plan meets the requirements of the by-law.
.Mr. Frank - In favor. The benefits outweigh any detriments, especially with the change
to the drainage area and protection of neighboring properties.
Six in favor. McShane abstains. PASSES
Motion: To close the public hearing (Dolan-Frank) All in favor. PASSES
.Mr. Clemmey asked to cancel his 9:30 p.m. discussion with the board regarding Cobb
Street; the issue has been resolved.
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Ralph Maloon, RIM Engineering, showed the board a plan which has been changed from
a compound to a traditional subdivision. The number of lots has been reduced from four
to three. The road is now 350 feet to the center ofthe circle, and Mr. Maloon will be
requesting a waiver for the scale of the plan so it will fit on one sheet, and for an asphalt
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sidewalk rather than concrete. This would confOtm to the sidewalks in the rest of
Eastfield Estates.
Correspondence
The clerk read a memo from John Sullivan. Mr. Maloon explained he was planning to
leave most of the existing trees in the cul-de-sac island; the island will be lower than the
pavement, but will shed away from the middle of the island. No utilities will be run
under the island, so there will be no need to dig up those trees; some trees close to the
pavement will be removed.
The clerk read memos from Richard Lewis and Patrolman Lawson. Mr. Maloon
explained the Water Department did not want a looped water main, so the hydrant has
been placed along the roadway rather than at the end of the cul-de-sac. Mr. Zola said the
Water Department's request to dead end the main is for future expansion.
Board Comment
Mr. Cook asked whether leaving the existing trees in the island would require a waiver;
Mr. Burke said he did not believe so.
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Mr. Frank asked why the roadway is 24 feet wide with only three houses. Mr. Maloon
said he could reduce that, but said he made it 24 feet to be consistent with the constructed
portion of Nicole Road. Mr. Frank asked about sight distance; Mr. Burke said as a
conventional subdivision, sight distance requirements will have to be met.
Mr. Maloon said the roadway is at the minimum required to meet zoning regulations for
lot width; Mr. Burke disagreed with Mr. Lewis's suggestion that the cul-de-sac be
eliminated and lot 2 be built with a hammerhead driveway.
Mr. Frank asked about the sidewalk waiver; Mr. Maloon said it was to be consistent with
the built portion of Nicole Road, and will be installed on both sides.
Mr. McShane asked about Mr. Lewis's request for an alternate drainage system. Mr.
Maloon said he did not want to put a detention area where a house would be, because
then he would have to run a long driveway around the detention area to get to the house.
He said the only way that would work would be to build a compound.
Mr. Dolan suggested the roadway width could be narrower than 24 feet. Mr. Burke
explained on such a short road, there wouldn't be much of a savings in pavement. In
addition, the 24 feet will be consistent with the existing roadway.
Mr. Burke asked why the lots weren't all perc tested. Mr. Maloon said constant head
tests were done on all the lots, and the rate was so slow he abandoned the idea of a
retention area and designed a detention area. He said all the lots in the adjacent
subdivision perced successfully.
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Motion: To allow the layout and contour sheets to be at a scale other than required in
order to get the plan on one sheet. (Dolan-Cook) All in favor. PASSES
Motion: To allow the use of bituminous concrete sidewalks to be consistent with the rest
of the subdivision (Dolan-Frank) All in favor. PASSES
Motion: To approve the subdivision plan with the following conditions: All standard
traditional subdivision conditions; all Engineering Department comments shall be
satisfactorily addressed; plans shall be revised to show sight distance requirements are
met; Patrolman Lawson's comments shall be addressed; the plan sheets shall be revised
to reference a "residential subdivision."
(Dolan-Cook) All in favor. PASSES
Motion: To close the public hearing (Dolan-Cook) All in favor. PASSES
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Mr. McShane asked about the town's easement on Cobb Street for the bike path; Mr.
Burke explained the time frame has expired, and Mr. Clemmey has said he is planning to
build houses on that site. Mr. Burke will be meeting with the MassHighway engineer on
the bike path, and the 100% plans are ready, but MassHighway has told the town it will
not be paying for many items. He said there have been problems with the bids on other
town's bike paths.
(' The board discussed the appeal ofthe Erin's Centre special permit. Mr. Burke explained
Shaw's has received a foundation permit, but has not begun construction.
Mr. French told the board about the Chairman's Meeting he attended earlier in the week.
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Motion: To adjourn at 1O:30p.m. (Frank-Torman) All in favor. PASSES
Date of next meeting: December 5,2001 at 7:30 p.m.
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Ignature of Cler Y
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Date of Approval
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