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HomeMy WebLinkAboutmin of planning brd 11/20/02 Planning Board Minutes :.F lei:. November 10, 1001 .. Bernie Dolan, Acting Chair~ Roger Achille, Acting Clerk, Ken To_~ d~t!: \ 9 Walter Jenkins, Tom McShane Shaun P. Burke, Director ofPlanni r Motion: To appoint Mr. Dol~n Acting Chair and Mr. Achille Acting Clerk cShane-Jenkins All illl favor. Passes 1. Minutes November 6, 2002 Motion: To approve as submitted (McShane-Jenkins) All in favor. PASSES 2. Appeal of decision of Building Inspector to issue a building permit for the construction of a new house at 20 Carol Road, the location of which the appellant believes is substantially different from what was approved by the ZBA in its February, 2002 decision r Mr. Burke explained the original variance application was for lack of required frontage. The variance was granted, but the Conservation Commission required the applicant to move the house. Based on the new location, the building inspector granted the building permit. The abutters are of the opinion that the location and size of the house shown on the plan limit it to that location and size. Mr. Burke said he disagreed with the appellant and said the ZBA cannot regulate the size or location of a structure. There are no setback issues, and he does not believe the building permit should be overturned. Mr. McShane said if the ZBA worked out the deal with the applicant and the conservation Commission made them change that, why should the Planning Board get involved at all. He said the ZBA should be talking to Conservation Commission about why they asked the house be moved. Motion: To send the ZBA a recommendation suggesting they should talk to the Conservation Commission about why they required the house be relocated (McShane-Torman) All in favor. PASSES 3. ZBA application for Variance - 389 Oakland Street - front and sideyard setbacks for construction of truck and auto body shop - Irving Mendlowitz Ralph Maloon explained the plan for a variance for setbacks on an auto body shop adjacent to a residence. He showed the board different configurations of the plan, with the buildable lot area shown in a triangle. He said this would have to come back to the board for site plan and special permit approval. Under Mr. Maloon's plan, the building will cover 17.9 percent of the site; landscaping is proposed on the residential side of the site. The doors will face Oakland Street and Maple Street rather than the residential abutters. Mr. Mendlowitz explained he does auto body work and painting. r I r- Mr. Burke said three variances are needed: setback from Oakland Street, setback from Maple Street, and setback from the residential abutter. Following that, a special permit will be necessary because this site is in the water resource protection district. Motion: To send the ZBA a positive recommendation on this variance (Achille- Torman) Mr. McShane said if Mr. Mendlowitz owned the land, there would be a hardship, but since this is the last "leftover" bit ofland owned by another owner, perhaps it should not be built on. Mr. Achille said the town is trying to attract more industrial uses. Mr. Burke said the setbacks make this lot difficult to build on, especially with the 75-foot setback requirement on the residential side. He said if the building is oriented away from the residential abutter, the impact would be reduced. Mr. Jenkins said he would rather see the back of the building parallel to the residential lot line. He said he was also concerned about the appearance of the site; Mr. Mendlowitz said he runs a clean operation and doesn't sell cars or store wrecks. Most of his business is with Federal Express or US Postal Service trucks. He said this is an affordable piece of land, and he is desperate to move from his current location in Walpole. He said the location of the building on the lot doesn't matter to him. Four in favor. McShane opposed. PASSES r 4. ZBA application for Variance - 390 West Street - 4.7.2.1, freestanding signs at Erin's Centre The four proposed signs would be higher than allowed under the zoning by-law; the application states the hardship is the elevation of Route 140. Mr. Burke suggested a negative recommendation to the Zoning Board of Appeals. He said the application is for four pylon signs, one 65 feet high, one 35 feet high, and two directional signs at the West and Norfolk Street entrances, which are smaller pylon signs. He said there is no hardship to the site and no reason for a 65-foot pylon sign on Route 140. The original special permit application for Erin's Centre showed one sign at the comer of West Street and Route 140. Mr. Achille said he remembered discussing the Route 140 hill and the signage issue during the Home Depot special permit process. Mr. McShane said there was a lot of discussion about signage, and he was discouraged to see this application. r Karl Clemmey said the members of the board agreed during the public hearing to the location of the pylon sign on West Street, and agreed to the other sign at Norfolk and Route 140. He said the sign is not 65 feet high because most of it is down at the level of the road, and the sign will only be 30 feet in the air. He said the locations of these signs were shown on the plan, with the directional signs in the middle of an island in the parking lot. Mr. Burke said the detail on the special permit plan showed the pylon signs being 15 feet high, which conforms with the Zoning By-Law. Mr. McShane (' said the board was told there would be no variances sought for these signs. Mr. Clemmey said he never said that. Mr. McShane said these are not directional signs, they are monument signs. He asked if, when the special permit application was submitted, Mr. Clemmey knew variances would be necessary. Mr. Clemmey said tall signs are needed because of the sight distance. Mr. McShane said the signs do not need to be that tall to be seen from Route 140. Mr. Clemmey said all the tractor- trailer trucks would be coming out of Norfolk Street and he didn't think cars would be able to see signs over the trucks. Mr. McShane said Route 140 would be brightly lit because of the shopping center and drivers would be able to see it without tall signs; he said this would be a destination. Mr. Clemmey said he didn't think they needed traffic signals at all, but they have spent a lot of money with no help from the town. Mr. Clemmey said he would have his attorneys speak to Mr. Burke about what the board has said. Mr. Burke said this was a recommendation to the Zoning Board of Appeals and that should be where this is heard, not at the Planning Board. Mr. Clemmey said the sign is not 65 feet; Mr. Burke said the plan as presented shows a 6S foot pylon sign. Mr. Clemmey said the restaurant building is down 25 feet, and the only part of the sign that will be above the road will be 30 feet. He said he would like to come to another meeting with his attorneys and engineers. He said he doesn't want this application to appear he is doing something he said he wouldn't. Mr. Burke said 44 feet of the sign will be above Route 140, with the other 21 feet below grade. Mr. Clemmeyagreed. He said he is trying to follow the rules and regulations of the town. Mr. Dolan asked if Mr. Clemmey didn't know during the special permit process that this site is 21 feet below the grade of Route 140. Mr. Clemmey said he didn't; Mr. Dolan said if they knew that, they should have asked for relief at that time. Mr. Clemmey said the special permit was granted with no requests for relief, one of the few special permits that have not asked for waivers. He said these are the signs the sign company told him were necessary. Mr. Burke asked if the sign company told him how much of the sign would be visible from Route 140 south. Mr. Clemmey said it did not. Mr. Burke said the sign would be visible over the crest of Route 140, and believes the sign would be visible as soon as a car comes off Route 495. Mr. Clemmey said cars will not be able to see the sign over tractor-trailer trucks. Mr. Dolan said people will know where the shopping center is, and it does not need a ign to bring in business. r Mr. Clemmey said the directional signs are 10 feet off the ground, one for Home Depot and one for Shaws. r Mr. Achille asked ifthe board could vote individually on each sign. Mr. Burke said the special permit plans show the pylon signs being 15 feet high. Dr. Torman said after a lot of discussion, the plan the board signed was the best it could be, and he was uncomfortable changing the plan at this point. He suggested tabling the discussion. Mr. Burke said this special permit process was very long and difficult, and the board approved a set of plans it felt comfortable with. He said if the applicant knew a variance would be necessary during the process, it should have been done then. He said it doesn't meet the statutory requirements for the grant of a variance, nor is it in keeping with the special permit. I ,r- Mr. McShane said he didn't want to table the discussion, and said the board should send a negative recommendation. He said there is no hardship argument, as this was fully understood at the special permit hearings; the argument that people won't be able to find the shopping center when the rest of Route 140 is dark is not credible; he disagrees with the argument this can be granted without detriment to the public good because it will make the Route 140 corridor much less attractive; if there were going to be variance necessary, they should have been requested at the time ofthe public hearings and the board was told at that time there would be none needed; the public safety argument is not valid and if they believe it is a public safety threat, the signs should not be installed at all; and the argument that large signs have been allowed on other projects is not valid. He said the negative recommendation should be strong. Mr. Dolan said the ZBA will meet before the next Planning Board meeting, so this could not be tabled. Mr. Clemmey said he would like to discuss this after the board's 8 p.m. site plan review. r Mr. Achille said he doesn't know of a Home Depot without a sign; he said the applicant met every condition during the special permit process and suggested tabling due to insufficient information. He said if the applicant has asked for a chance to provide more information, why not give it to him. Mr. McShane said the applicant could ask the ZBA to postpone the public hearing. He said it would be inappropriate to send the ZBA no recommendation on this issue, since the board spent so much time on the special permit. Mr. Achille said the ZBA doesn't always take Planning Board recommendations. Mr. Clemmey said he followed the special permit process and he would request a continuance from the ZBA until the Planning Board could discuss it again. Mr. Burke said the ZBA has recently had a case where the applicant asked to withdraw, and the ZBA didn't want to allow that; he asked if Mr. Clemmey was going to request a continuance or a withdrawal. Mr. Clemmey said he would withdraw it and renotify the abutters before doing anything. Mr. Dolan said he was concerned that this not go to the ZBA before the Planning Board sends them a recommendation. Mr. Clemmey said the board had his word that he would not meet with the ZBA until he meets with the Planning Board again. Motion: To table the application (Achille-Torman) Three in favor. Jenkins opposed. McShane abstained. PASSES 5. Bond release request ($8,260.00 for street trees and gravel) South Meadow Estates Motion: To release (McShane-Achille) All in favor. PASSES 6. Motion: To sign the street acceptance as-built plans for Holstein Road, Ridgeview Lane, Cobbler Road (Achille-ToTman) All in favor. PASSES 7. Meeting Notices: Attleboro, Foxboro, North Attleboro, 8. New England Planning newsletter 9. Planning magazine r I Marshall Avenue _ Christian and Feck Development. Mr. Burke explained the original lot, Lot 2, Parcel 240, goes out to Marshall Avenue and back to Smiley Avenue, then back to Marshall Avenue. The application seeks to create new lot line, creating parcels d, c, band a. The two existing houses get more land and become more squared on: and Parcel 240 will have sufficient area and frontage on Marshall Avenue. All of the landowners have signed the application. r Motion: To endorse the Form A plan (McShane-Achille) All in favor. PASSES Bill Buckley, Bay Colony Engineering, presented the plan for a three-story, 100,000 square foot office building. Berkeley has bought the Motorola campus, which included a parcel at the intersection of Cabot and Hampshire and another parcel adjacent to the Ames parking lot. The site is a 6.3-acre parcel on the southerly side of West Street with a baseball field. Mr. Buckley explained the applicant is marketing the building now, and will purchase the building when they have a tenant, but they wanted to get their permits frrst. The site is relatively level, and drops off some to the south; there is a 12 foot elevation drop at the Hampshire Street end of the site. There are existing berms, which the electric department is cutting down for conduit. These berms will be replaced for the landscaping plan. The site has some woods on it, but is otherwise vacant and has been used for a dumping ground. The soils are very good, with sandy gravel 14 or 15 feet down. The building will be tucked into the comer, near Route 495, with a 33,000 square foot footprint and a double-barrel, one-way in and one-way out driveway entrance, with a middle island. There will be another entrance driveway at the east side of the parking lot, which will be the truck entrance to the site. The site will be on sewer, electric, gas and water. The mains are existing on West Street; some work will have to be done to get the electric service across the street. Mr. Buckley will meet with Mr. Gaffney to discuss water locations. There is a sewer manhole out front to which the building will be connected. r The stormwater management system proposes to keep all the water onsite through the use of an underground infiltration system to take the runoff to the catch basins, up to the 100- year storm. The Engineering Department has asked for some modifications to the system. Mr. Buckley said there is a multi-stage system to avoid problems; there will be a maintenance schedule added to the plan and an overflow system to surcharge the water out of the catch basin and take water to a swale. The frre suppression system includes two hydrants~ the Fire Department can't tell him exactly where the hydrants will go until construction. The light poles will be 25 feet high with shoebox light fixtures designed to shed light downward. There are no residential neighbors. 63 percent of the lot is covered, including the building and 390 parking spaces, more than ,.- the by-law requires. I ( Mr. Buckely said the architectural work has not yet been done because there is no tenant, so he does not have drawings to show the board. Department Head Comments The clerk read comments from the Fire Department saying their concerns have been addressed, and from the Police Department saying his comments have been addressed but that Officer Lawson would like to revisit the plan when there is a tenant. Mr. Sullvian's comments have been addressed except two additional test pits and permeability tests will be scheduled and the maintenance program is insufficient with respect to the infiltration basin. Mr. Buckley said he has been trying to reschedule the test pits. Board Comment Mr. Jenkins asked about the ballfield; Mr. Buckley said it would be left intact until a tenant is found. Mr. Jenkins said town softball leagues use that field and it would be nice to allow that to continue as long as possible. Mr. Buckley said he would mention that to the owners. Mr. Jenkins asked about the landscaping near Route 495 and asked if there would be any erosion issues; Mr. Buckley explained the plan calls for a circle of 11 honey locust trees. He said there is very little grade change, so the trees are decorative. r Mr. McShane asked if there would be any variances or special permits requested. Mr. Buckley said they would not be requested. Mr. McShane said this appeared to be a good plan and it appeared all the department head comments have been addressed and he appreciates the responsiveness. Motion: To send the Building Inspector a positive recommendation (Torman-Achille) All in favor. PASSES Mr. Clemmey said the work being done on the berms is being done by the town and they would not be replaced. Mr. Buckley said that was true, but they would be putting it back. Mr. Dolan asked about the Cumberland Farms variance application; the board sent a positive recommendation to the ZBA based on the application, which says the only tenant in the building will be Cumberland Farms. Mr. Dolan said he has spoken with the pizza restaurant, and was told they have signed a new multi-year lease. He was concerned that if that is true, the application seems to have been misleading. Dr. Torman said he thought the pumps were going to be replaced and repositioned, but said it appeared that work had not been done. Mr. Burke said that was what the variance was all about, because it was the expansion of a pre-existing, non-conforming use. He said the building inspector should be asked what permits they have received. Mr. Burke said taking out and replacing the same size tanks would only require a permit from the Fire Department. He said he would ask the building inspector and fire chief. ,-. r r Mr. Clemmey asked for a date for the discussion of his variance. Mr. Burke said he would put it on the agenda for December 11, 2002 at 8:30 p.m. Mr. Clemmey said he thought the Planning Board should notify the applicant of when the variance request is going to be discussed. Mr. Burke said the ZBA asks the Planning Board for a recommendation and then holds the public hearing, and if the PB holds a quasi-public hearing, that could put the applicant in jeopardy. Mr. Clemmey suggested the Planning Board invite the economic development director from Taunton to a meeting. Mr. Jenkins said he had lunch with him last week, and got a lot of information from him. Mr. Dolan asked when taxes are owed on land and a developer comes to the board, what can be done. Mr. Burke said cities and towns can adopt a statute to prevent the issuance of all permits when there are taxes owed on land, but he said subdivision control law was adopted before that statute and takes precedence. He said he had received an opinion in 1992 or 1993, which said the applicant has the right to a public hearing under subdivision control. He said he would find that opinion. Motion: To adjourn at 9:45 p.m. (Torman-Achille) All in favor. PASSES r Date of ~ meeting: Dec:ember 11, 2002 at 7:30 p.m. /\:"' ~ 12-/11/0;2- SigqAture of Clerk Date of Appr6val r'