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HomeMy WebLinkAboutmin of planning brd 02/07/01 (.1 r () TOWH~fFE/VfD Planning Board Minutes - "" RKS OFF ICE February 7, 2001 0 I HA Y 25 ~H 10' Present: H. Thomas French, Chair; Bernie Dolan, Clerk; Thomas McShane, Kenneth . 35 Torman, Scott Frank, Mark Cook, Roger Achille MANSF IELD Shaun P. Burke, Director of PI ann in and Develo ment MASSACH s Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk Torman-McShane All in favor. PASSES 1. Minutes January 24,2001 Motion: To approve as submitted (Torman-Dolan) All in favor. PASSES Mr. French arrived at 7:40 p.m. 2. Zoning Board of Appeals application for variance - Lot 2 High Street - construction of a two-family dwelling on 10,000 square feet where 15,000 square feet is required. Motion: To send the Zoning Board of Appeals a negative recommendation (Torman-Cook) Four in favor. McShane, French abstained. PASSES Mr. Frank arrived at 7:45 p.m. 3. Zoning Board of Appeals decisions - Georgica Partners (Granted); Spring Brook Cemetary (Granted); 4 Smiley Ave (Denied) 4. Memo from John D' Agostino re: No Parking Signs in Industrial Park 5. January Building Permit Summary 6. Meeting notices Attleboro Zoning Board of Appeals; Easton Planning & Zoning; JTPG; Canoe River Aquifer Committee; MAPD; EOEA Meeting Notice re: Cellular Tower-l02 Eastman Street-Easton; ICMA; EPA 7. SPREDD Regional Review 8. TransReport Newsletter 9. APA Newsletter 10. The Beacon Ralph Maloon, RIM Engineering, said he will be changing the street name. He has also added a transformer, splice box, and riser pole. Lot C has been reshaped to be 25,000 square feet. Trees have been added at the back lot lines. The drainage system is 200 feet from the river and includes a leaching area for two catch basins at the entrance, approved by the Town Engineer. The existing trees on East Street have been shown as a result of sight distance discussions with the Police Department. A lighting detail has been added, along with a detail of the galley system near the road. The clerk read memos from David Field and Patrolman Lawson. Mr. Maloon said Patrolman Lawson wants one oak tree on the property removed, which would provide a 500-foot sight distance. The branches of an adjacent cedar tree will be trimmed, but the tree will not be removed. Mr. Frank asked if, because this is a residential compound, the sight distance regulations are more of a guideline than a requirement. Mr. Burke explained the intersection r r r requirements do not change whether the street is a public or private, and where public safety is concerned, sight distance should be a requirement. Mr. Maloon said he would be going to the Conservation Commission on February 12, but does not expect any problems. Mr. Frank asked about the disposition of the common open space; Mr. Maloon explained they will address that after all approvals are received. Board Comment Mr. Burke asked about the angle of the lot line between the open space lots; Mr. Maloon said the drainage is on lot f, and the line continues straight back from that. Mr. Burke asked if the lot lines for C and D run all the way back to the property line; Mr. Maloon said they do. Mr. Burke suggested making the back 60 feet of those lots part of the common open space. Mr. Maloon explained the adjacent land is town-owned, so he expects it to remain wooded, and the additional 60 feet makes Lots C and D larger. Mr. Maloon requested a waiver for the location of a drainage area less than 100 feet from the lot line. Motion: To grant a waiver from Section 5.3.2.7.5 of the Subdivision Regulations for the construction of the drainage area less than 100 feet from the property line; this waiver shall be noted on the cover sheet (Dolan-Frank) All in favor. PASSES Motion: To approve the plan under Subdivision Control and to grant the Special Permit with the following conditions: 1. the correct area of Lot C be shown on the plan; 2. the width of the pavement be shown on the plan; 3. in addition to cutting down the oak tree, the cedar tree be trimmed as much as needed to achieve the required sight distance; 4. common area G not be conveyed until all necessary permits are received, after which it be conveyed to the town or other non-profit agency to be maintained in its natural state in perpetuity. 5. none of the open space lots or the are within the 60-foot restricted area are to be disturbed in any fashion other than for the construction of the drainage system as described on the plan; 6. all Town Engineer comments be fully and satisfactorily addressed. (McShane-Dolan) Dr. Torman - In favor. The plan is in compliance with the Subdivision Regulations. Mr. Cook - In favor. The plan meets the technical requirements of the by-law and its benefits to the town outweigh any detriments. Mr. Frank - In favor. The plan meets the technical requirements of the by-law and its benefits to the town outweigh any detriments. Mr. McShane - In favor. The plan is consistent with the Zoning By-Law and the Subdivision Regulations, and the open space preservation is beneficial. Mr. Dolan - In favor. The plan is consistent with the Zoning By-Law and the Subdivision Regulations, and the open space preservation is beneficial. Mr. Achille - In favor. The plan is consistent with the Zoning By-Law and the r r r Subdivision Regulations, and the open space preservation is beneficial. Mr. French - In favor. The plan is consistent with the Zoning By-Law and the Subdivision Regulations, and the open space preservation is beneficial. All in favor. PASSES Motion: To close the public hearing (Frank-Dolan) All in favor. PASSES Larry Tilton, Tilton and Associates, explained they received a special permit for less than the required landscape buffer, and presented a letter from the Town Engineer approving the changes. The clerk read the Zoning Board of Appeals decision. Mr. Frank said he did not think the plan was in conformance with the Zoning By-Law because the Zoning Board of Appeals decision did not address the elimination of a pedestrian access through the buffer strip. He said he didn't really want a pedestrian access, but thought the applicant should have applied for a variance, since it is required. Mr. Burke suggested making a pedestrian access a condition of approval. Mr. Tilton agreed to install a walkway from the front of the building to Reservoir Street. Motion: To grant the Special Permit under Section 5.5, Special Permit, Section 5.1.8, Uses and Activities Requiring a Special Permit, and Section 5.8, Reservoir District, of the Mansfield Zoning By-Law, to construct a 28,880 square foot building on a 30,274 square foot parcel of land located at 7 Reservoir Street with the following conditions. 1) Plans ofthe proposed facility dated July 5, 2000 and revised October 23,2000, prepared by Tilton and Associates, Inc. are incorporated into and become part of this special permit by reference. 2) Landscaping shall conform to the January 19,2001 Zoning Board of Appeals decision granting a Special Permit to provide a 15-foot landscaped buffer where 22 feet is required. 3) A sidewalk for pedestrian access to Reservoir Street shall be installed at the front of the building. 4) A salt alternative shall be used for snow and ice removal due to the site's proximity to the Norton Reservoir. (Frank-Cook) Mr. Achille: In favor. The plan meets the requirements of the Zoning By-Law and is beneficial to the town. Mr. Dolan: In favor. The plan meets the requirements of the Zoning By-Law and is beneficial to the town. Mr. McShane: Opposed. Do not see the benefit to the town, and do not find the alternative landscaping to be the best alternative, as the building could be smaller. Mr. Frank: In favor. The plan is beneficial because it will provide jobs and additional revenues, and is an appropriate use for the location. The plan meets the intent and requirements of the Zoning By-Law. Mr. Cook: In favor. The plan meets the intent & requirements of the Zoning By-Law. Dr. Torman: In favor. The plan meets the intent & requirements of the Zoning By-Law. Mr. French: In favor. The plan meets the intent & requirements of the Zoning By-Law. Six in Favor, One Opposed. PASSES Motion: To close the public hearing (Dolan-Torman) All in favor. PASSES r Ralph Maloon explained the preliminary plan for a modification to the approved Woodland Park plan, the extension of Marshall Avenue to Aspen Street. The previously approved lots on the cul-de-sac have been reconfigured, and with the additional land, the developer picks up four additional lots. Drainage will go into a curvelinear drainage area, which may to be enlarged. Mr. Cook asked about the Rivers Act in relation to this site. Mr. Maloon said the Back Bay Brook is not considered a river because it dries up in the summer, although they will have to go to the Conservation Commission for a new Order of Conditions. Mr. Feck explained he could extend Marshall Avenue up to Smiley Avenue, and eliminate Aspen Street completely, which would result in at least one address change. He added that one of the landowners, Mr. Connor, would be keeping the back land shown as Lot 6A as part of his lot, and that will be shown on the definitive plan. Mr. Burke asked about sewer; Mr. Maloon said each lot would be on a force main, but the Town Engineer wants to study the possibility of using gravity towards Aspen Street. The clerk read memos from Police, Fire, Electric, Water, and Engineering. ( Motion: To approve the preliminary plan with the following conditions: the applicant must address all department head comments prior to the submission of a definitive plan; the applicant must meet all requirements of the Zoning By- Law prior to the submission of a definitive plan; a new Order of Conditions must be acquired from the Conservation Commission; disposition of Lot 6A will be shown on the definitive plan. (Dolan-Torman) All in favor. PASSES Mr. Cook told the board Ispo/Compo had contacted the Town regarding the donation of their land on Branch Street. Mr. Cook said it would be possible to construct a new Highway Garage on that site, but there would be noise issues, especially during snow- plowing season. Mr. Burke suggested it might be a good site for the Water Department. Mr. Dolan asked why the Town is cleaning up the Hercules Powder site. Mr. Burke explained the Town owns the site, but the former owners had previously offered to help pay for the cleanup. Mr. Burke said he had written a new Aviation definition for the Town Meeting warrant. r~ To adjourn at 10:00 p.m. (Torman-Cook) All in favor. PASSES D e of next meeting: February 21,2001 at 7:30 p.m. 2-./ a-. / It) ( Date of Approvai