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HomeMy WebLinkAboutmin of planning brd 11/06/02 ~ Planning Board Minut~:, HO'} 2 \ I \: 49 NoveDlber6,2002 - .'j ..") H. ~omas French, Chair; Bernie Dolan, Clerk; Ken Torman,l1~ ~~~_~~ Jenkins, Tom McShane ['11r.\ ::. ',: I" \... , ,) S'E ;) Shaun P. Burke, Director ofPlannin and Develo ment Motion: To appoint Mr. Jenkins Acting Chair Torman-Cook All in favor. Passes 1. Minutes October 30, 2002 Motion: To approve as submitted (Torman-Cook) All in favor. PASSES 2. Special Permit to be signed - Karen's Way Residential Compound - East Street Motion: To sign the special permit (Cook- Torman) Three in favor. Jenkins abstained. PASSES 3. ZBA application for Variance - Front Yard Setback - 47 Coral Street For the construction ofa six-foot farmer's porch on the front of the house. Mr. Burke said the application does not describe any hardship, and explained the front and side yards appear to be non-conforming, and if so, should have been a finding rather than a variance. Motion: To send the ZBA a negative recommendation and ask whether the variance is the most appropriate mechanism, given the existing non-conformities. (Torman-Cook) All in favor. PASSES r 4. ZBA application for Variance - Frontage and Lot Width - Lot 1, Stratton Road Mr. Burke said this is the second time this application has been submitted. There had been a house on this site before the developer of Way field bought the land, then the house was relocated. The lot in this application was labeled non-conforming on the subdivision plan. then the developer applied for a variance, which was denied when the ZBA said it was a self-created lot. Mr. Burke explained the frontage meets the requirements, but does not conform to the lot width requirement. The frontage requirement is 150 feet, which the lot does not have on West Street; therefore, the shortest conforming frontage is on Stratton Road. He suggested a negative recommendation. Mr. Cook said the 30 foot radius appeared to be on Stratton Road, not West Street; Mr. Burke said it could be figured either way, but there is still no frontage on West Street. Mr. Cook said the house on the adjacent West Street lot appears to be only about 100 feet from Stratton Road. Motion: To send the ZBA a negative recommendation because this was a self- created hardship and a variance has already been denied based on that fact, nothing on the lot has changed and it remains non-buildable (Torman-Dolan) All in favor. PASSES [Mr. French arrived at this time.] 5. October 31, 2002 letter from Mr. Cook re: 875 South Main Street Site Plan and revised plan 6. November 5, 2002 letter to Mr. Michael Giaimo, Robinson & Cole re: Verizon mailing to industrial park tenants [send McShane a copy] .~ 7. Meeting Notices: Canoe River Aquifer Committee, Easton, ~ Stillbrook Lane - Fruit Street Realty Trust. The applicant proposes to convey a parcel of back land to the resident of the last lot on Stillbrook Lane. The lot crosses the Back Bay Brook, and a significant portion is wet. This land will be added to the existing Stillbrook lot to square it ofT. Mr. Burke suggested endorsing the plan. Motion: To sign the Form A (Dolan-Cook) All in favor. PASSES Ron Bonvie said he had been to the board with a conceptual plan a few months ago and would like to pursue a cluster development. His attorney has spoken with town counsel regarding the original idea for a gated community, but was concerned the building inspector might have frontage issues with such a plan. He presented a traditional subdivision plan showing a long dead-end street. r Regarding the Electric Department's comments, Mr. Bonvie said he would try to separate his site as much as possible from the substation. Regarding Mr. Lewis's comments, he said he is aware this is an environmentally sensitive property, and the wetlands have been approved by a wetland consultant hired by the commission; he said he understands the need for extensive filings. He said he is of the opinion some of the by-law will have to be looked at, and he will have to talk to the commission about that. He said the cluster idea will reduce roadway width and the number of lots, which will probably end up being 33- 35. Regarding the town engineer's comments on soils and groundwater, Mr. Bonvie said those tests have not yet been done, but will be in the definitive process when the roadway system and drainage systems are more locked in and proven to function properly. Mr. Maloon said the detention areas are shown on the plan. Mr. French asked for a plan showing the wetland resource area. Mr. Matoon showed the board a plan showing the wetland areas and vernal pools; he said under this drawing, there would be 18,000 +/_ square feet of wetland filling. Mr. Burke said the number of lots in a cluster would be the same as in a traditional subdivision. Mr. McShane said the question the last time was how much of the land is buildable given the amount of wetlands. Mr. Bonvie said except for the long roadway, the plan conforms to current zoning, exclusive of wetland areas. He said he feels even with the wetlands, the plan as presented conforms, with the exception of the long roadway. He said it would have to be submitted as a limited access project. Mr. Burke said if the plan had been done with a straight area calculation, the entire 100 acres would have been divided by the lot area requirement; Mr. Bonvie said this plan was not done this way. Mr. Jenkins asked ifthere is minimum upland criteria; Mr. Burke said there is. Mr. Jenkins asked if the same type of ratio applies to, cluster lots. Mr. Burke said it does; the cluster by-law talks about the minimum lot size allowed. However, the density will not be based on cluster density, but rather on the zoning requirements. Mr. Jenkins asked whether 20 percent of 100 acres is wet, can 20 percent of the lots in the subdivision be r wetland lots and therefore have smaller upland areas. Mr. Burke said yes, but that would ~ not increase the number of lots. Mr. Maloon said to comply with zoning, he cannot put more than 30 percent wetland in a cluster lot. Mr. Jenkins said he would prefer not to see open space that is all wetland; Mr. Bonvie said they aren't allowed to have more than 30 percent wetland in the open space. Mr. Cook noted that Mr. Lewis said a traditional subdivision with 18,000 feet of wetland crossing could not be approved. Mr. Bonvie said under the revised plan, that number would go down to about 6,000 feet. Mr. Cook said Mr. Lewis has not seen this plan with that amount of wetland, and he would need to see Mr. Lewis's revised comments. Mr. Bonvie said he felt pulling back the roadway and adding a cul-de-sac, resulting in fewer lots, would satisfy Mr. Lewis's concerns. Department Head Comments The clerk read comments from the Fire, Electric, Water, Conservation, and Engineering Departments. Richard Boucher, treasurer, asked to be notified of subsequent filing, because taxes have not been paid on this property and no permits can be issued until that has been taken care of He said Massapoag Development owes significant 2002 taxes on its land in Mansfield, and he is getting ready to put that company's land into tax title. ...-- Regarding Mr. Lewis's comments, Mr. Bonvie said the three crossings mentioned will change when the roadway is pulled back, with the largest wetland crossing eliminated. He said he was concerned about how he could have the Conservation Commission support the plan unless he goes back to the commission for an Order of Conditions before filing the definitive plan. He said he understood that was the point of doing a cluster development instead, and understands the preliminary plan as submitted is not realistic because of the wetland crossings and roadway length. Mr. Cook said before the board can set the number of lots in a cluster, it have to be confident the developer can construct a traditional subdivision. Mr. Burke suggested Mr. Maloon identify the wetland line, 25- foot no disturb and 100-foot vernal pool buffer on the plan. Mr. Bonvie said he felt that with fewer lots on this large parcel of land, he should get approval on some lots that might be within the buffer zone, but he does not want to have to go back to the commission for that determination. Mr. McShane said he would like to see something from Mr. Lewis on the new plan describing what he believes to be a range of the buildable lots, then the board might feel more comfortable setting the number of lots. Mr. Bonvie agreed that was a good idea. Mr. Bonvie said they have filed a determination of wetland boundaries, and hired a consultant, the commission confirmed those wetland lines, and produced a stamped approved plan agreed to by the commission. Mr. Maloon said the vernal pools were flagged in the field. Mr. Bonvie said some of the vernal pools were questionable because it was the middle of the dry season, but he said he agreed with the line. Mr. Cook asked that the certified vernal pools be identified on the plan. Mr. Bonvie said he didn't believe any of them were certified. Mr. Burke suggested Mr. Maloon draw the 100-foot buffer around the agreed upon vernal pools. r Mr. Bonvie said he proposes to build a sewer treatment plant. He said he understood from his attorney that there could be some give-and-take on the buffer around the vernal pools. He said he understood he needs to get together with Mr. Lewis. ,-- Mr. McShane asked if this would be subject to Army Corps review. Mr. Bonvie said he hoped not, but said the corps tends to be aggressive in its interpretation. Mr. McShane said the corps could change the wetlands established by the Conservation Commission. Mr. Bonvie said he would have the plan amended and colored to show the wetlands and vernal pools, including the 25-foot no touch zone around the wetlands and the loo-foot buffer around the vernal pools, and will get together with Mr. Lewis. Mr. French asked where the treatment plant would go; Mr. Maloon said it has not yet been determined. Mr. Bonvie said it would be under a homeowner's association; Mr. McShane told Mr. Bonvie those documents would have to be submitted. Mr. Bonvie said he originally planned a private way, but his counsel said he may not be able to do that because of frontage issues. The treatment plan will be private, as will the sewer lines under the road. Mr. Burke said if the streets were to be accepted at town meeting, the town would have to give the homeowner's association an easement for the pipes. Mr. Maloon said they would likely be 2-inch pipes on a grinder pump, and could be placed outside the right-of-way. Mr. McShane said that might increase the wetland impact; Mr. Bonvie said he thought it would lessen the impact. Mr. Burke said the developer would have to speak with Mr. Lewis and return with a conventional plan and a cluster plan. Mr. Bonvie said he planned to come back with both plans, and said the taxes would be taken care of. r Mr. French said two members of the board are up for reappointment December 31, and asked if either Dr. Torman or Mr. McShane had decided whether to reapply. Mr. McShane said after giving it a lot of consideration, he had decided not to reapply. Dr. Torman said he would reapply. Motion: To adjourn at 9:00 p.m. (Torman-Cook) All in favor. PASSES ing: N7. /?e..mber /720, /J 2002 at 7:30 p.m. /~ ~ 11/)0/6;2 Date of ~provaf r