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HomeMy WebLinkAboutmin of planning brd 11/03/04 ¡\lED ~ !If:'Cf('E- ~.," '"..... ! ,J' ~ Planning Board Minutes November 3,2004 1m V I 8 P~1 I: I 5 Present: Tom French, Chair; Fred Armstrong, Clerk; Doug Annino, Walter Jenkins, Ken Torman, John DeMassi, Frank Holmes iC¡ .1\ ;,¡ :" ," j i:. L D 11. MtetiDI.diIed......rat1:3Øp... MAS~ACHUSETTI Motion: To appoint Mr. Annino acting chair (Torman-Armstrong) All in favor. PASSES I 2.Correspondeltee 1. October 6, 2004 minutes Motion: To approve as submitted (Torman-DeMassi) All in favor. PASSES 2. October 21, 2004 minutes Motion: To approve as submitted (Torman-Armstrong) All in favor. PASSES 3. Special Permit to be signed - Great Woods Office Park Motion: To sign the special permit (DeMassi-Holmes) Five in favor. Annino abstained. PASSES 4. October 18, 2004 letter from Karl Clemmey re: request for the removal of 5,860 cubic yards of excess material at 390 West Street, Erin's Centre. Mr. Burke explained that the work on the Staples building and the drainage area has produced some of this excess material. The application does not specify where the material is going or the route it will take, but Mr. Burke said this is not a commercial operation so that information is not necessary. He suggested the usual conditions, such as keeping the trucks covered, hours of operation, sweeping the street, etc. [Mr. French arrived at this time] Motion: To send the Building Inspector a positive recommendations with the standard conditions, including hour of operation, Monday through Friday, 8am-3pm (Torman-Armstrong) Six in favor. French abstained. PASSES 5. ZBA application for Finding - 20 Noonan Street - front yard setback. Mr. Burke explained the house pre-dates zoning and the expansion will not increase the encroachment into the front yard setback. Mr. Burke suggested a positive recommendation to the ZBA. Motion: To send the ZBA a positive recommendation because the addition will not increase the pre-existing non-conformity (Holmes-Torman) All in favor. PASSES 6. ZBA application for Finding - 161 Brown Avenue. The application is for a kitchen and second floor addition. Mr. Burke explained the house is pre-existing, non- conforming for lot size and setbacks and the addition will not change the footprint. Mr. Burke suggested a positive recommendation to the ZBA. Motion: To send the ZBA a positive recommendation (Torman-Holmes) All in favor. PASSES 7. ZBA application for Variance -120 Stearns Avenue. The application is for a sideyard setback for a garage resulting in a setback of 21 feet rather than the required 25 feet. The application talks about the non-buildable lot next door and does not address any hardship to the applicant's lot. Mr. Holmes suggested the addition could be moved forward and not encroach into the setback. Dr. Torman suggested narrowing the garage by two feet. Motion: To send the ZBA a negative recommendation because there is no hardship addressed and could be moved forward and narrowed to avoid encroachment (Torman-DeMassi) Six in favor. French opposed. PASSES 8. ZBA application for Variance - 258 Elm Street - sideyard setback. The house is on a private way. Mr. Burke said the structure was built in 1983 and is only 12 feet off the lot line where 15 feet is required; he said if a building permit was granted for the 12- foot setback, this would be grandfathered. Mr. DeMassi suggested the addition could be put off the other side of the house, where there is plenty of room, with no encroachment. Mr. Burke suggested a negative recommendation because it could be narrowed or moved to the other side of the house. Motion: To send the ZBA a negative recommendation because the addition could be narrowed or relocated to avoid encroachment (DeMassi-Annino) All in favor. PASSES 9. ZBA application for Variance - 390 West Street - Staples sign. The application says it would be a hardship to have no sign on the side of the building, facing the parking lot. Mr. Burke suggested sending the ZBA a negative recommendation because a building in a parking lot qualifies it as a comer lot and therefore should have two signs is a specious argument. He added there are already five signage variances on the parcel now. Mr. Annino said the building is very small and does not need that much signage. Motion: To send the ZBA a negative recommendation because there is no hardship (Annino-Armstrong) All in favor. PASSES \ 10. Request for bond release - Woodland Park II (Marshall Avenue) - Stan FecklMemo ftom Mike Ahem recommending the release Motion: To release $8,124.48 (Torman-Annino) All in favor. PASSES 4.SpedaI PertliÎtPu..øt!8riøg- Roy Road Resideø"·CoIDpouDd -3 Lots off' '"East.S.... - Stev- W.t:Ri The clerk read the public hearing notice. Mr. Jenkins explained he lives on Conrod Court, directly adjacent to the property, and excused himself. He also said he was not at the first night of the next public hearing, for 297 North Main Street, and left the meeting. Kevin Walker, K&J Engineering, presented the plan for a three-lot residential compound. He said the board had seen a preliminary plan for this land. The definitive plan shows a hammerhead turnaround and the existing house with its access on Roy Road rather than on East Street. Mr. Walker said he will be meeting with the Conservation Commission on November 8 and he expects to have the wetland line approved at that time. Department Head Comments The clerk read comments ftom Elizabeth Leidhold, Conservation Agent; Electric Department; David Field, Engineering Department; Officer Lawson, Police Department; Lt. Towne, Fire Department. Mr. Walker said he has spoken with Mr. Field about coordinating permeability tests. He said the infiltration basins get credit for 80% TSS removal, but he has provided 100% removal. He said they will submit an operations and management plan. He said the development will not discharge to the town's drainage system, but said he would work on Mr. Field's concerns. Mr. Walker said he would comply with Mr. Field's concerns listed in comments 3 through 15 on the revised set of plans. Mr. Walker said he has a draft of the homeowner's documents, which he presented to Mr. Burke. He said they have not decided what will happen with the open space; he asked what was done with the open space for Suzanne Estates, which abuts this parcel. Mr. Burke said he believed the Conservation Commission is still considering that issue. Mr. Walker said because of the location of this open space and its proximity to the wetlands, he thought it should go to the Conservation Commission. Mr. Walker said he believes the project meets the DEP storm water management policy and said there will be no discharge to the town's system or to the wetland area. He asked if the board would be willing to waive strict compliance with DEP regulations if Mr. Field is agreeable. Mr. French suggested working that out with Mr. Field. Mr. Burke asked about the sidewalk extension and the crosswalk mentioned in Patrolman Lawson's memorandum. Mr. Walker said it appears to be about 500 feet ftom the end of the existing sidewalk to this property. Mr. French asked if there is sidewalk along the other side of the street; Mr. Armstrong said there is. Mr. Annino said it didn't make sense to install additional sidewalk if one aJready exists across the street. Mr. DeMassi suggested a crosswalk. Mr. Walker said there is no sidewalk proposed on Roy Road and if a crosswalk were added, he would not want it right at the entrance to Roy Road. Mr. Walker said if the issue is children crossing for the school bus, the bus will stop traffic for the crossing. Mr. Burke said it is good to have a protected area, but if it is rarely used, it won't do much good. Mr. Annino said it would cause drivers to slow down, especially if it has a sign. Mr. Walker said he is not opposed to installing a crosswalk. Public Comment Paul Split, 912 East Street, said the sidewalk stops at the property line of900 East Street. He said the sidewalk starts at the common, and the board is requiring the Suzanne Estates developer to fill in the sidewalk ftom there to his new road. He said he believed Patrolman Lawson's memo was requesting the sidewalk be continued ftom Suzanne to Roy Road, which is about 50 feet. Mr. Walker said if it is only 50 or 100 feet, he would be willing to extend the sidewalk. Mr. French suggested Mr. Walker take some pictures and measurements for the next meeting. Mr. Split said East Street puddles during rainstorms. He said there is a drain in East Street in ftont of Roy Road, which is higher than the area that puddles. He asked where the water will go ftom this property. Mr. Walker said the drainage will be recharged back into the ground with no off-site discharge and the road will stay at the same elevation as the current site. Mr. Burke asked about the grades of the proposed houses; Mr. Walker said Lot 2 is currently at 140 and will be built up to 142; drainage will go toward the wetland and into the road infihration system. The grade of Lot 3 will stay as is. Mr. Split said there is an underground river that starts on this site, goes through his site and out to the street. Mr. Walker said that would not be effected by this development. He said the basements would be at least two feet above groundwater. He said the existing house has no evidence of water problems in the basement, and the elevation is about 141. Mr. Armstrong asked about the puddle in East Street; Mr. WallÅ“r said he thought the puddle is a grading issue on East Street, but said he would look at it. Mr. Split asked how large the houses are going to be; Mr. Walker said the houses would likely be large. Mr. Split said he was concerned about losing privacy along the side of his yard because the new road will run along the property line. He asked about having plantings installed. Mr. Walker said there would be no tree cutting at the ftont ofthe new roadway; Mr. Split said the existing trees are sparse. Mr. Walker suggested they could add plantings on Mr. Split's property. Mr. Walker said the road could be shifted with a wider trench on one side to accommodate some plantings on Mr. Split's side of the roadway. He said he would take some pictures and add Mr. Split's house to the plan. Mr. French suggested a GIS aerial photo with the subdivision plan laid over it. Mr. Walker asked about postal delivery; Mr. Burke said it would be up to the postmaster, but boxes are typically gathered at the entrance of private ways. Board Comment Mr. Annino said he would like some additional street trees in order to form a canopy. Mr. Annino asked about lighting. Mr. Walker asked what the board would like to see; Mr. Burke suggested Mr. Walker discuss that with the Electric Department. Mr. Annino said there should be at least a couple of light poles for adequate lighting. Mr. Annino asked to see the radii where Roy Road meets East Street; Mr. Walker said he has laid out the roadway to allow an 18-wheeler to enter Roy Road. He said he would add radii to the plan. Mr. Annino asked for details of the asphah cut, the removal of the existing driveway onto East Street and dimensions of the hammerhead turnaround. Mr. Annino asked about the street sign; Mr. Burke said it should be labeled a "Private Way" with the name of the street and house numbers. Mr. Walker said he would add a detail on the revised plan. Mr. Annino asked if there should be a stop sign. Mr. French said the board does not require stop signs in developments with two or three lots. Mr. Annino asked about utility details; Mr. Walker said he would add details ofthose utilities on the revised plans. Mr. Burke said he thought it would be a good idea for the town to own the open space. Mr. Annino asked that the driveway details be shown for each lot. Mr. DeMassi asked about the houses shown on the plan; Mr. Walker said they were merely templates and may change depending on the buyers. Mr. French asked for building envelopes to be shown on the plans. Mr. Walker said they plan to keep everything out ofthe wetland buffer zone as much as possible. Mr. DeMassi asked about the construction of the roadway; Mr. French explained that because it is a private way the town will never own, it does not oversee the construction to the same level as a public way. Mr. Burke said the building inspector will not grant any occupancy permits until the road is constructed. He said the applicant will have to get a street cut permit and have the water and sewer connections inspected. Motion: To continue the public hearing to December 1,2004 at 8:45 p.rn. (Annino-Torman) All in favor. PASSES 5.. Spedal~erJIIit""~B."'g~ - 297 Nerdt Maia Street - Coavenion of ........,... . .. to~,..· · -- ·Iúùt·....... Michael Trowbridge, Hutchins-Trowbridge Associates, explained there had been questions at the first hearing about landscaping, building details and the driveway. Mr. Donovan said he believes he has addressed the comments in a narrative response. The clerk read a memo ftom Mr. Sullivan indicating his concerns have been satisfied. Mr. Burke said at the last meeting, the applicant explained his plan to clean up the site and additional questions had arisen. He said he has spoken with Mr. Trowbridge about the drainage issue and believes those concerns have been addressed. He said the revised plans should give the board a better understanding of the applicant's intentions. Board Comment Mr. DeMassi asked if the bushes on the right side of the driveway are existing; Mr. Trowbridge said those are proposed new plantings. He said they are proposing beds on either side of the ftont walkway and shrubs along the property line. Mr. DeMassi asked about trash; Mr. Trowbridge said the trash enclosure to hold the barrels will slide under the deck. Mr. Annino asked about the exterior façade; Mr. Donovan explained he plans to replace the roof and vinyl side the building within one year. He said the old fire escape will be removed and a second means of egress has been added to the back ofthe house. The porch will remain, with the existing concrete walkway and planting beds on either side. Mr. Trowbridge showed the board sub-sketches for the decking for each floor. Mr. Burke said that would provide a second means of egress and some outdoor living space. Mr. Annino asked if cars will be able to maneuver at the back of the site; Mr. Trowbridge said there is at least a 24-foot backup area. Mr. Annino asked that be added to the plan. Mr. Annino asked about lighting; Mr. Trowbridge said there are double floodlights at the back ofthe house and porch lights at the ftont and side entrances. Mr. Annino asked if the lighting would create glare to abutting properties. Mr. Donovan explained it would not because the house is nearly enclosed by a solid concrete wall. Mr. Annino suggested increasing the size of the planting buckets to at least five gallons and the size of the arbor vitae to six feet instead offour, and increasing the sizes of the shrubbery. He also suggested staggering the hemlocks. Mr. Burke said he has drafted a decision and recommended approving the special permit. Mr. Annino suggested painting rather than vinyl siding the house. Motion: To approve the special permit application for the conversion of297 North Main Street ftom a two-family to a three-family residence with the following conditions: 1. Site Plan 296 North Main Street dated December 20,2002 and revised July 12,2004 and August 6, 2004 by Hutchins-Trowbridge Associates, Inc. is incorporated into this special permit decision by reference and shall be recorded with the special permit decision. 2. "Landscape Plan - Site Plan - 296 North Main Street" dated August 22, 2004 by Hutchins-Trowbridge Associates, Inc. is incorporated into this special permit by reference and shall be recorded with the special permit decision. 3. All parking spaces shall be clearly marked and the marking shall be maintained. 4. The entire house shall be vinyl sided within two years of the date ofthis special permit 5. All above-referenced department head comments shall be satisfactorily addressed within the 20-day appeal period. (Annino-Armstrong) Torman: In favor. I believe the plan shows there will be a major improvement to the appearance of the structure and benefits far outweigh the detriments. Holmes: In favor. The benefrts outweigh the detriments, especially with the improvement of property in the downtown area. DeMassi: In favor. The applicant has come a long way and has addressed all the board's and department head comments, the property will look better and add some new character to downtown. Annino: In favor. Improving this property will help to improve downtown, which is a precedent that should be set. I am looking forward to the applicant doing a great job. Planting new trees and cleaning up the area will have a positive impact on health, safety and convenience of the downtown neighborhood. Armstrong: In favor. This project will have a positive impact on the town and neighborhood. The site plan addresses parking needs and uses the site well, the landscaping will be a benefit, the proposed facilities and services are adequate, the effect on the natural environment will be positive, especially with the new landscaping, and the additional unit will have a positive fiscal impact. French: In favor. The improvements to the downtown neighborhood's character and the fiscal impact outweigh the detriments. All in favor. PASSES _6 _In Favor. _ 0 _Opposed. _0 _Abstention Motion: PASSES Motion: To close the public hearing (Annino-Torman) All in favor. PASSES 12. Correspottdeneeeoatiøued 11. October 27, 2004 letter ftom Dan Clemmey re: construction of Cobb Street Mr. Burke explained he has been in contact with Mr. Sangermano, who has requested a certificate of compliance for the special permit and was told he would have to build the road, modify the subdivision plan, post a bond, or put the lots under covenant. Mr. Sangermano said he would bond it, which is still under discussion. Mr. Burke said he wouldn't encourage the board to force a developer to build a road where there are no houses, which may become a public safety issue. Mr. Armstrong asked if the construction of the road would allow Mr. Clemmey to sell lots on the street; Mr. Burke said he believed it would. Mr. Burke said while he understands Mr. Clemmey's concern, he said Mr. Sangermano was the applicant on the original special permit and has the right to chose which of the four options to pursue. Mr. Armstrong suggested checking the special permit to see if it includes affnmative language regarding the construction of the road and forwarding that to the building inspector. 12. ZBA decision - 76 Williams Street - Denied (negative recommendation) 13. ZBA decision - 251 Central Street - Granted (positive recommendation) 14. Meeting notices Attleboro, Easton, Foxboro, North Attleboro 15. The Beacon 16. New England Planning 17. Planning magazine 13. .1'.... A (ANIt)1'Iøs 11-15 Curtin Street. Mr. Burke explained the plan to covey a portion of an existing lot to an abutting owner. There will be no loss offtontage, so both lots still conform. Both lots also conform to area requirements. Mr. Burke recommended endorsing the plan. Motion: To sign the Form A plan (Annino-Armstrong) All in favor. PASSES I 7. A..... the· Table Dr. Torman asked about the house on South Main Street that appears to have become a two-family home. Mr. Burke said that had been a two-family home and got a building permit for an addition. Mr. DeMassi asked about Hatheway-Patterson; Mr. Burke said a second public meeting is being scheduled with the Cecil Group. He said the EP A would like the study to be wrapped up by February. The Cecil Group had recommended a residential use, which was not well received at the first public meeting, and it was suggested the consultants arrive at another recommendation for the next meeting. Mr. Burke said there are several subdivisions that will likely be submitted shortly. Mr. DeMassi asked about Cleveland Twist; Mr. Burke said he will be meeting with the owners next week about their plans. Mr. French asked about the traffic studies for the School Street retail development. Mr. Burke said he has met with Pare Engineering and Mr. Masiello dropped off the check to pay for the peer review. Mr. French asked about the boulders at the Medline building on West Street; Mr. Burke said he has spoken with the building inspector, who said the boulders have always been there even though they were not shown on the landscaping plan. Mr. DeMassi asked if the building's owner has been asked to remove the boulders; Mr. Burke said he has not. Motion: Send a letter saying board has reviewed landscaping plan, which does not show the boulders; ask the owner to move the boulders so the landscaping can be done in accordance with the approved site plan (Armstrong- Torman) All in favor. PASSES Mr. French asked about the body shop on Oakland Street; Mr. Burke said he hadn't been to the site since his meeting with Mr. Mendlowitz. Mr. Annino asked if the trees have been replaced at Erin's Centre. Mr. Burke said the developer has been told to replace the trees, but doesn't know if it has been done. I 8. Adj081'11" Motion: To adjourn at 10:30p.rn. (Torman-DeMassi) All in favor. PASSES Next meeting: Wednesday, November 10,2004 at 7:00 p.rn., Room 2 aIb; will be continued to: Wednesday, November 17,2004 at 7:00 p.rn., Room 2 aIb I II J 7 10 Lf Date of Approval