Loading...
HomeMy WebLinkAboutmin of planning brd 11/28/01 r (' r HECEIYEO " ,-.! ,."D'",:' OFF ICE :" ~,j, "~i\;';~,,3, . 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 ::i~:::_~:~~U~ij~~M~r:..j1~~~t:njm~:.j::.:j:j:j;jj.:i:;.:;;;:jtjj;jj::jj:j::r:::;:';:;;:j:::;::;;:;:j;;:jj:;j:':::;:;jj;;;:::;::;:j;;:::; Motion: To appoint Mr. Achille Acting Chair (Torman-Cook) All in favor. PASSES ,......................'.......................:-...................................................:.'........................................................................'................................................'..........................'...............'..'..................................................................1 llJ,~llllQm~~~~p~'P~ll:::::l:ll::ll::::llll:llll:::...l:ll:l':l:.ll:l:fll:::ll::.:llll::ll:l::::l:llllll:ll:ll.:::l:::::::l::::l..:::..l..llll:lll....ll:..::::ll::ll::l::: 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 $7,135.00 (Dolan-Cook) All in favor. PASSES 7. Letter to Town Counsel Bob Mangiaratti re: Procedure for Rescission of Special Permit 8. Letter from Stephen Smith, SRPEDD Executive Director, to EOEA Executive Director Robert Durand re: Erin's Centre Final EIR 9. Meeting Notices: Attleboro Planning Board; Attleboro ZBA; Easton ZBA; Easton Planning Board; Foxboro ZBA; North Attleboro Planning Board; Sharon ZBA; SRPEDD Commission 10. Workshop Notice - Lincoln Institute of Land Policy 11. SRPEDD Regional Review 12. AP A Planning magazine [Mr. McShane arrived at this time] Il:'~..:::ltm-m:*l(~j:~t:::::::l::::lll::::::l::::::ll::::.:::::l:::'.::::l::::l::::::'::::::::l:.'.:::l:l:'.:::....::l::::..::::l::lll::::::::::::..:l:......l.:..:..::\ Resubmission - Crocker StreetlPratt Street - B 1 zone; F &Z Properties. There are currently two houses on one lot; the lot will be separated into two lots. There are no area or frontage requirements in this zone. The plan has been redrawn per the board's request to more clearly indicate the lot lines. [Mr. Frank arrived at this time] Motion: To sign the Form A (Dolan-Cook) Six in favor. Frank abstains. PASSES r l:l41l:.y@i'9P:~~:.~ijjiji>>y;~~W:~~~:b1t~mmm#.~y,p~..:..'......::..........::.....:.:....:.......::::........1 Motion: Not to support the proposed zoning change (Dolan-Frank) The board discussed the potential misuses this town-wide change could bring about, along with the difficulty of defining a "non-profit" organization. Mr. McShane noted that the Board of Selectmen would still have to grant the license for any temporary use, and this by-law would provide a benefit to local non-profit organizations. Mr. Achille said festivals aren't currently running constantly, so it wouldn't necessarily happen with this amendment. 5 in favor. Achille, McShane opposed. PASSES :l:$r:::*rB~mt.ijifY]>>~ii~~jqijj!i.tlmlm~~l*-]~lmijj::~if:a~lirii[ID~YQiJlf:~m: :::it(:litilJ!ffl@:m,.::m:=::tr?=::::=:,:'::j::.;::,::r:r::::::ft::??;:::r:I:I..::::.:.;::.:::.::::?:=:;:::::::::::::::'::::::::::'::'::::;:;'::'::::::::';':.:':'::'::'::::'......:....':...:;::.:: 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. r 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. ~ 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. r :~~}l:r~$~iil:g~!mjt:~1l~:U~~riijg'lJ9ijtiiji~:.8:2~~~nJ@fg~~@~@J;ij:t.z9mliijP4lfr.: ~.:~.:"~::~~F)~tmmi:$j~:::::::..::::~t:....:::::::::::::......:..::::::::..:~~:::::.:..~.:::::::::::::~.:.:::....:):.:::::.....:...::...::::..:::::..:~:~.~.:.::::::::::::::..:::::::::..)~.:. 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. .r' 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. .'-" ~ 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. .' . . -. . -... -. -.. - - -. . . . :.!J'II!WI~~~atl~.1118ji~~.:lj~F~~~;.ill!~~~.;will.!~~:~~~~~~;l!...!.!!.!.!.:..:.':.. ' , " 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 ,.-.. r 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. ,( 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. r (' 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 1~~j~~'~~ti~~mj~oc~bl~':1:r1:'[.'~1:,:[::'~[lr[:~Ilr:11:'::::::11,')<l'[,,[::: ".', , ,'," ",.,."....................'.'.'..".'.':::':::::" ',' '" '.'.'.'1 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. ": ,I I' '" .." ,,':. ' ,..', ,:: .. ,.. ..',"",',',',',',','.. ,':'.','.,.,' 1:ft,. A.ijjo:urnm~nt' " ',: , ,::::,: :::::::::,:,:::"", .,.,.,.~~:.r::: ::::::::::',::..:.::.:::::': 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. ~tO-~ Ignature of Cler Y )L.-lC;~U/ Date of Approval ",--