HomeMy WebLinkAboutmin of planning brd 06/20/01
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Planning Board Minutes
June 20, 2001
Present: H. Thomas French, Chairman, Bernie Dolan, Clerk; Roger Achille; Kenneth
Torman; Scott Frank; Mark Cook
Shaun P. Burke, Director of PI ann in and Develo ment
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Motion: To appoint Mr. Dolan Acting Chair and Mr. Achille Acting Clerk
(Torman-Cook) All in favor. PASSES
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[Mr. French arrived]
1. Minutes June 6, 2001
Motion: To approve (Torman-Frank)Four in favor. Cook, French abstained. PASSES
2. Letter from Ralph Maloon re: water service at Castle Hill Estates. The developer
would like to install wells rather than hook up to town water. Mr. Burke said he would
not encourage the modification, since there would be no hydrants. He suggested the
developer resolve the issue with the Board of Selectmen and Water Department. He said
the change could be a field modification, a minor modification requiring a discussion
between the developer and the board, or a new public hearing.
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Mr. Frank suggested the board ask for input from the Water and Fire Departments and the
Board of Selectmen before deciding anything. Mr. Dolan said this was a significant
enough change to require a new public hearing. Mr. French said he thought having the
developer come in would be enough, since the change would not affect the abutters. Mr.
Burke said historically, the board has not approved subdivisions with private water
supplies, and explained the Water Superintendent has recently issued a policy saying
water mains must be looped. He does not want to undermine that policy.
3. Letter from Jay Zola, FolkmanlZola Builders, re: sidewalk installation at Eastfield
Estates. The developers would like to install the sidewalks at the end of the construction
season. Mr. Burke suggested if the board grants a temporary waiver on the sidewalks, it
not allow the work to go to the very end of the construction season.
Motion: To grant a temporary waiver for the installation of sidewalks. By September 1,
2001, the developer must begin installation of sidewalks in front of those houses with
certificates of occupancy; by October 1, 2001, all sidewalks must be installed.
(Cook-Dolan) All in favor. PASSES
4. Meeting notices Easton Planning Board; Easton & Sharon Zoning Board of Appeals
5. Memo DHCD re: Executive Order 418: Housing Certification FY 2002
6. Planning magazine
7. New England Planning newsletter
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Dan Brooking, Austin Company, representing the applicant, explained Toyota's plan to
expand the existing building by 3,400 square feet, which will include 20 additional
r- parking spaces. The building expansion will connect the existing office and warehouse
spaces.
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The clerk read comments from Officer Lawson, Mr. Sullivan and Mr. Burke, along with
the applicant's response to each memo.
Board Comment
Mr. Frank asked if the expansion triggers the landscaping regulations; Mr. Burke said the
application complies with the requirements.
Motion: To send the Building Inspector a positive recommendation with the satisfactory
completion of all department head comments (Cook-Dolan) All in favor. PASSES
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Mr. Burke asked the board to think about the issues it would like to discuss during its
summer workshop session. He asked if it was time to update the Master Plan. Consensus
of the board was the Master Plan should be looked at next year, and this session should
focus on Zoning By-Law and Subdivision Regulations.
Mr. Burke informed the board there would be two members absent from the June 27,
2001 meeting, so the Home Depot hearing would be rescheduled for July 18 at 8 p.m.
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Mr. French informed the applicant that the board was one member short; Attorney Gay
r said that was acceptable.
Bob Rogers, Tibbetts Engineering, presented an updated plan for the 15-acre site on the
west side of Gilbert Street. The plan is for 20 lots, including 12 two-family homes and
six single-family homes. Mr. Rogers explained the revised drainage plans, which he had
worked on with the Town Engineer. Mr. Rogers said the site is flat with excellent soil,
which results in zero drainage to the southeast; without drainage structures, when the
roads, houses, and driveways are constructed, there will be runoff to adjacent properties.
He explained the new grading plan, showing the rear of the lots pitching toward the new
street and into the drainage system; therefore, the runoff will be mitigated and the
adjacent properties will see zero runoff in smaller storms.
The roadway elevation has been raised an average of 1.5 feet from the original plans.
Scott's Drive has been raised 3-3 ~ feet above existing grade, and Bethany's Way has
been raised an average of 2 ~ - 3 feet above existing grade. The lots are also being filled
an average of 4-5 feet. Existing groundwater on site is 4 feet below grade, so Title V
requires the lots to be filled 3 feet under the drainage system. Mr. Rogers explained the
need to fill the lots to make the drainage system work.
The clerk read new comments from Officer Lawson and Mr. Sullivan. Mr. Rogers
explained Mr. Sullivan requested drainage easement #3, which is on Lot 11, be better
defmed. Mr. Rogers said he will superimpose a heavy dashed line over the plan.
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Regarding the scenic road issues, Mr. Rogers said he originally thought the removal of 9
trees would be necessary. However, to comply with site distance requirements, 11 oaks,
some of which are very large, will have to be removed. The trees will be replaced at
street tree caliper, 2 Y2.-3 inches, outside the site distance triangles, approximately 25 feet
in back of the stone wall.
Mr. Rogers explained the total length of the site along Gilbert Street is approximately
1,000 feet; they will need to disturb approximately 750 feet for roadway openings and
tree cutting. Approximately 112 feet of stone wall will be removed and replaced on
either side of the new entrance.
Public Comment
Leonard Flynn, 102 Jewell Street, was concerned about the project's proximity to the Ash
Well site Zone 1. Mr. Rogers explained the site is in neither the Zone lor Zone II. Mr.
Flynn said the larger trees are at least 100 years old, and the stone walls are historic; these
are the things that make a scenic road. He said the Planning Board had an article at Town
Meeting last year to rezone the area to Rl, and the owner of this property was opposed,
saying it would hurt his business. Mr. Flynn said this proposal is out of character with
the neighborhood.
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Missy Rapoza, 175 Gilbert Street, asked how many trees would be taken down between
her property and this site. Mr. Rogers said they would take down a 34-inch and an 18-
inch oak and replace them closer to the Rapoza's property. Mr. Frank asked about the
grading plan on the lots in that area; Mr. Rogers said they would be grading to within 10-
15 feet of the lot lines.
Jason Wagner, 9 Megan's Way, asked whether the back lots would be clear cut for the lot
filling. Mr. Rogers said they would be, and the trees to be cut on private property are not
shown on his plan.
Mrs. Anderson, 180 Gilbert Street, asked what would happen to the existing water
problems on the street if so many trees are cut down. Mr. Rogers said during larger
storms, trees don't really have any impact on surface runoff.
Russ Rapoza, 175 Gilbert Street, asked what the foundation elevations would be. Mr.
Rogers said because the houses would be on septic, the lots have to be filled sufficiently
to cover the systems. He said this would create a situation where all runoff will go into
catch basins and not create problems. They will fill the lots to pitch to the front so there
won't be any runoff directed toward the Rapoza's lot. Mr. Rapoza said his lot is lower
than this site and is concerned about runoff from the higher site. Mr. Rogers said the
Town Engineer required him to pitch the lots from the back yard to the street, and he has
added a depression to direct the water from Lot 20 into easement 3.
John Maley, 165 Gilbert Street, asked whether the responsibility for the drainage areas
had been established. Mr. Rogers said he was told to put them on individual lots, so the
r- homeowners will have deeded easements. He said the developer will be responsible for
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the easements until the town takes the road over. Mr. Burke explained if those lots
remain unsold, the town will take the easements for repair and maintenance. Following
the street's acceptance as a public way, the town will own the drainage structures.
Attorney Jack Jacobi, representing Doranco, showed the board pictures of existing
conditions on Gilbert Street. He said this is exactly the sort of development the scenic
road by-laws were intended to prevent, and with the drainage structures and lot filling,
this project will cause flooding problems for the abutters. He said the board still has to
decide if the plan as submitted conforms to the Zoning By-Law, since he thinks there has
to be a 75-foot buffer in all rear and side yards because the site abuts a business.
Carlton Briggs, Industrial Development Commission, said his board voted not to support
this project because it feels the land should remain industrial.
Tim McCarthy, 270 Gilbert Street, said the lots being filled five feet would create a berm
on the Gilbert Street side. Mr. Rogers agreed, saying there would be a stone wall, then a
slight swale, then a five foot slope up to the flat part of the site.
George Knight, Gilbert Street, said water currently flows through a culvert, under Gilbert
Street, and onto his land. He said this site is always wet, and said without the trees to
slow it down, the water would be flowing onto Gilbert Street.
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Ruth Knight, 174 Gilbert Street, said the additional houses would make the traffic
situation on Gilbert Street worse.
Board Comment
Mr. Dolan asked about Town Counsel's response to the 75-foot buffer question. Mr.
Burke said Attorney Mangiaratti disagrees with Attorney Jacobi and said with regard to
that zoning issue, the plan is valid. Mr. Dolan said he agrees with Mr. Sullivan's
suggestion that any significant grading changes would have to be brought back to the
Planning Board.
Mr. Burke said this is a unique site because it is flat and because of the proximity of
groundwater to the surface. He said Mr. Sullivan's concern is what the individual
homeowners might do, which could affect not only their lot, but the abutting lots. He
said this would have to be very fme grading, and the filling would all have to be done at
the same time to ensure it is done properly and the drainage works. Mr. Rogers agreed.
Attorney David Gay, representing the applicant, said they have tried to comply with the
Town Engineer's requirements. He said the drainage system will work, and noted there
are no large trees on Doranco's side of the street. Attorney Gay agreed this is a unique
site, but said the same issues would have to be dealt with if this were an industrial
proposal; he agreed that grading changes should be brought back to the Planning Board.
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Regarding the scenic road application, Mr. Burke said he has visited Gilbert Street often
lately, and although Officer Lawson has said the site distance requirements are met, Mr.
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Burke did not recommend granting the scenic road permit. He said the proposed
alterations would be too extensive and there must be other development alternatives. He
reminded the board the intent of the scenic road by-law is to protect the natural and built
landscapes of the town, and with the work proposed, 750 feet of Gilbert Street would be
pennanently altered.
Mr. Frank said the applicant could clear cut the site tomorrow, excepting the trees over
which the town has jurisdiction, and asked what would be removed if that happened. Mr.
Burke said most of the trees on the back of the site are small.
Mr. Dolan said landowners have the right to develop their land, and this is an allowed
use, but he would be less concerned there was only one entrance. He is very concerned
about the two entrances and the amount of disturbance to Gilbert Street they require. He
said Officer Lawson has to look at site distance based on the posted speed, and based on
that, they meet the requirements. However, he said the big issue is the trees and walls.
Mr. Cook said the pictures submitted by Doranco show many dead trees, very close to the
street. He said ifDPW had the money, they would have requested permission to remove
many of them already. Mr. Burke said the trees are what give the street its "scenic"
quality, and because Gilbert Street is narrow and has trees close to the roadway, motorists
slow down. He suggested cutting back those trees, even if they are dead, will make the
street seem wider.
r Motion: To deny the scenic road application as presented by the applicant because the
Board does not believe the plan, with the removal of that many large, old trees,
will preserve the history and community values that help defme the scenic road.
(Achille-Dolan) Five in favor. Frank opposed. PASSES
Mr. Rogers explained his request for a waiver to use two feet of cover over the drainage
system and for the use of ductile iron pipe. The Town Engineer supports this waiver.
Motion: To grant the waiver for two feet of cover and ductile iron pipe because it is a
better product and is consistent with the Subdivision Regulations.
(Dolan-Cook) All in favor. PASSES
The second waiver request is for the elimination of catch basins at the intersection of
Scott and Bethany. The Town Engineer supports this waiver.
Motion: To grant the waiver provided there are catch basins located at the intersections
of Bethany and Gilbert and Scott and Gilbert because the drainage will work
better than what is required and is consistent with the Subdivision Regulations.
(Dolan- Torman) All in favor. PASSES
Mr. Dolan said that while the two points of access may be needed for the number of lots
shown, he is very concerned with the amount of fill and the amount of clearing required.
He said he is also concerned about the fimctioning of the drainage system and how it will
affect the abutters.
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Mr. Frank said the Subdivision Regulations refer to protecting natural features, and while
he agreed landowners have the right to develop their land, he thinks this project is too big
for the site. The land will have to be completely transformed for this project to work; Mr.
Frank said he would support this concept, but not to this extent.
Dr. Torman was concerned about the filling and drainage, but also about the maintenance
of the detention areas and the number of additional vehicle trips.
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Motion: To deny the subdivision plan because as proposed, the subdivision does not
comply with Section 4.5, which requires due regard to be shown for "all natural
features, such as trees, wooded areas, water courses, scenic points, historic spots,
and similar community assets which, if preserved, will add attractiveness and
value to the subdivision." It was the fmding of the Planning Board that clear
cutting of all vegetation from the majority of the site and filling the clear cut areas
with between three feet (3') and five feet (5') offill violated this provision;
and because as proposed, the subdivision does not comply with Section
3.3.3, which requires the Planning Board to ". . . consider the degree to which
water is recycled back into the ground, the maintenance and improvement of the
flow and quality of surface waters; the preservation or promotion of wildlife
refuges, historic sites, unique geologica~ botanical and archaeological features,
existing or potential trails and accesses to open space areas; and the health and
safety of the inhabitants of the area." It was the fmding of the Planning Board
that extensive grading and elevation changes, and the removal of all natural
vegetation cover on most of the site violates this provision;
and because as proposed, the subdivision does not comply with Section
3.3.3.2.3.3, which requires descriptions of "proposed land grading and permanent
vegetative cover." It was the fmding of the Planning Board that extensive grading
and elevation changes, and the removal of all natural vegetation cover on most of
the site violates this provision;
and because as proposed, the subdivision does not comply with Section
3.3.3.2.3.4, which requires descriptions of "methods to be used to protect existing
vegetation." It was the fmding of the Planning Board that the proposal does not
protect existing vegetation;
and because as proposed, the subdivision does not comply with Section
3.3.3.2.3.5, which requires descriptions of "the relationship of the development to
the topography." It was the fmding of the Planning Board that the proposed
changes to existing topography are so significant as to violate the letter, purpose
and intent of the town's Subdivision Regulations;
and because as proposed, the subdivision does not comply with Section
4.3.3, which requires "access easements to park and conservation land shall be
provided, ifrequired by the Planning Board, and shall be at least twenty feet (20')
wide." It was the fmding of the Planning Board that there is in fact no access
from within the subdivision to the open space area on Lot 7;
and because as proposed, the subdivision does not comply with Section
4.4, which requires "each area reserved for such purposes [open space] shall be of
suitable area, dimensions, topography and natural character for the purposes of a
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park and/or playground." It was the rmding of the Planning Board that the
location of and access to the open space on Lot 11 are such that the open space is
not suitably located for playground or recreational pwposes;
and because as proposed, the subdivision does not comply with Section
4.4, which requires "each area reserved for such purposes [open space] shall be of
suitable area, dimensions, topography and natural character for the purposes of a
park and/or playground." It was the rmding of the Planning Board that the
significant wetland area and proposed grading changes to the existing topography
render the open space on Lot 11 unsuitable for park, playground or recreational
purposes.
(Frank-Dolan) All in favor. PASSES
Motion: To close the public hearing (Frank-Dolan) All in favor. PASSES
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Motion: To adjourn at 10:45 p.m. (Dolan- Torman) All in favor. PASSES
Date of next meeting: July 11, 2001 at 7:30 p.m.
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