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HomeMy WebLinkAboutmin of planning brd 07/11/01 r (' RECEIVED TllV'~J /""1 ""01)1"(" OFF ICE Planning Board Minules" r, ',., f". I, \1;':' " July 11, 2001 lJ 9 ftH In- 2 h Present: H. Thomas French, Chainnan, Bernie Dolan, c9.h~~lt ger A'c'llilie; Kenneth Torman; Scott Frank; Thomas McShane rl ~1'lSFIELO S~a~ P. Bur~~, J?irect?~ o~ Pl~in ~~ D~velo me~t ~. .. ... .... ~~~t.t~M~~~)ijj~j~f~i.~#9ij?i~:M~:~;mr}rrr::}rr:::~rr:?:f}rr~?~rrr~?:rr}::~:rrr~:r~:r:r:r:r 1~~~~tt~9ff~~p.9.ij~~f{{{{{{{{{{~~{{{{{{~tttt~{~~{{{~tt}{{{~t~~t~{~~{~~~~~~{~~{~~~~~~{~~{~~{~~{~~~t~{~~l 1. I\1inutes June 20, 2001 Motion: To approve (Torman-Dolan) All in favor. PASSES 2. Memo from Mr. Burke re: the Town sponsoring repeat street acceptance petitions 3. ZBA application for Variance - Paul Folkman - 65 Crocker Street. For less than the required parking in the B2 zone. Motion: To send the ZBA a negative recommendation because the application shows no hardship relative to the land, and the applicant seems to be seeking a zoning change, which should be done through Town Meeting vote. This recommendation is based on the board's strict reading of Section 6.2.2.C and MGL Chapter 40A, Section 7. (Frank- Torman) All in favor. PASSES [Mr. McShane arrived] 4. Request for release of surety - Eastfield Estates/Memo from Jack Smith recommending the release Motion: To release $22,619.28, leaving a balance of $312,213.13 (Dolan-Frank) All in favor. PASSES 5. Request for release of surety - Wayfield Estates/Memo from Mike Ahem recommending the money not be release as the work is not complete Motion: Not to release the funds until the work has been completed (Dolan-Frank) All in favor. PASSES 6. ZBA decisions -11 River Edge Road (Granted; Positive recommendation); 12 Day Avenue (Granted; Positive recommendation); 2 Jean Road (Granted; Negative recommendation) 7. June Building Permit Summary 8. Meeting notices Attleboro Planning Board; Easton Planning & Zoning Board; Foxboro Planning Board; Norton Planning Board; Sharon ZBA; Attleboro ZBA; North Attleboro ZBA 9. Mass Housing Partnership Fund 10. MassMeans newsletter 11. Grant fund availability memos - DHCD 1~~1.{)~~*j(*~#.Kttt/t~~tt~t~~ttrt~t~rt~t~r~~tttttr~tt:{rttrrttrtt~~tttrrr{ttrt{t:d Marshall Avenue - Stan Feck. To shift the lot lines on three existing lots. Mr. Burke explained the lots all conform to frontage and area requirements. Motion: To sign the plan (Dolan-Achille) All in favor. PASSES A~~?~~~~tt#fuijJm~~~~~~g~~{~~MJ~~~~~?ti.~~A:~~tt.a*~f~~iiqff\t~r:~rr:~ t~rr~m~q~#~?t.~~m~rrrrrr{}rrtrrrrr~~r~ttt(tt~r~~{r~t:r~~r:t~rrr~tttttt:r:~~:~rr:r:t: The clerk read the public hearing notice. The applicant seeks to pave areas to the west, f' south and east of the existing building, as well as pave a new access road. A portion of the site lies within the Surface and Groundwater Resource Protection District. r The chair explained the board is one member short, and the applicant will need five of six positive votes for the special permit. The applicant said he would like to continue with the hearing. Representing the applicant were Peter Brooks, Rick Souza, Charles Canali, and engineer Jim Dunn. Mr. Brooks explained the four components to their request. The frrst is the paving of the area on the east side of the sitege; the second is the paving of an area on the west side of the site; the third is paving for a new container storage area on the south side of the site; and the fourth is a new access road to Francis Avenue. Mr. Dunn explained the site is a 61-acre parcel on the south side of Francis Avenue, on the former Owens-Illinois site. The existing building occupies 350,000 square feet of the site, or about half of the existing impervious surface. The total impervious surface is currently 749,000 square feet, which is 28% of the entire site. Mr. Dunn explained they already exceed the 15% impervious surface allowed in the Surface and Groundwater Resource Protection District. The site is currently used for trailer storage, and the applicant would like to expand his business as a US Customs site, with a paved surface and a fence. The area on the eastern part of the site had previously contained tanks, but they were removed several years ago. r The Natural Resources Trust owns a drainage ditch across the eastern side of the site, over which the applicant has an easement. Nothing is currently being stored in that area, and the applicant and NRT have discussed installing a box culvert in the ditch. On the western side of the site, the applicant would like to install a new driveway from the existing access road at Francis Avenue. The applicant is seeking permission to pave the south side of the site, but does not intend to pave or use it for storage at this time. Mr. Dunn explained the drainage system was designed as though the entire site were paved, adding he had studied the surrounding areas as well to determine what size the culvert would have to be and whether the existing detention basin is large enough. Mr. Dunn explained the area to the south outlets to the NRT land through an 18-inch pipe, and scours out a ditch that runs into a pond. He said to make the basin work correctly, the size of the opening would be decreased and a stone dike would be constructed to detain the water on site, which will decrease the velocity through the existing pipe. The dike will recharge and promote the settlement of small particles. Mr. Dunn said the pipes at the Francis Avenue end of the site are not large enough to handle the 100-year storm, but he did not think that would increase the flow much. Rip rap will be added to the NRT easement, so it will act as a drainage structure. r r Part of the west side of the site is within the Wetland Resource Protection Area, and the new roadway will be within the buffer zone. The applicant will be going to the Conservation Commission and proposes to plant a buffer of trees and a drainage structure with stone dams for siltation control. The eastern portion of the site will have a 400-foot ditch with a box culvert and four-bay concrete tanks for siltation control and to meet DEP water quality standards. The vegetation will be cleaned out of the ditch and replaced with stone. On the southern side, a detention basin will be installed with retention/detention so the water will fIlter into the ground. Board Comment McShane asked the reason for the application. Mr. Souza explained they would like to expand their business as a US Customs storage facility. They have been using the gravel lots, but paved lots would be more efficient; he plans to install modem lighting and fencing to make the site more attractive. Mr. Dolan asked if Mr. Souza always knows what is being stored on site. Mr. Souza explained 99% of what they store is dry, though they do get some frozen fIsh. They do not store hazardous materials on the site, though sometimes they store paint; they do not store fruits and vegetables. r Mr. Dunn explained several details and cross sections, along with the proposed erosion control measures. The clerk read comments from Ptlm Lawson, Lt. Towne, and Mr. Sullivan. Patrolman Lawson was concerned about the nine-foot drop between the roadway and the detention basin along the NRT easement. Mr. Dunn said he would add a guardrail there. Mr. Souza explained the traffic flow would go from the customs area out to Francis Avenue, and the roadway around the back of the building would be wide enough for two- way traffic. He said the traffic volume would go up, but he could not say how much. There are some existing problems with trucks parking on Francis Avenue, but he said that could be managed. He said there are approximately 100 trucks per day using the site, which is open 24 hours. Mr. McShane asked about snow removal. Mr. Souza said they plow the snow to another part of the site, and they currently use sand. Mr. Dunn said the proposed four-bays will catch the majority of pollutants, and the catch basins will be cleaned annually. If there is a spill or a gas tank breaks, the four-bays will act as oil-water separators and hold approximately 1,500 gallons. Mr. Dunn went over his responses to Mr. Sullivan's memo. He explained that while it is r true the drainage calculations show increased runoff, they are also detaining some water r and trying to use the existing detention basin more efficiently. He added the owner is in negotiations with the NR T for easements. There will be no hazardous materials stored on site. The hydraulic calculations will be submitted to Mr. Sullivan. Mr. Dunn explained he is proposing to use HDPE pipe, which allows less than one foot of cover. He said if the board wants, he will change to Class 5 pipe. There will be a concrete pad on top of the pipes to distribute the weight. The 100-year storm calculations will be shown for the box culvert. Permeability tests will be done in the area of the detention basins. The calculations for suspended solids will be submitted to Mr. Sullivan. The site will recharge 36,000 cubic feet of water where 24,000 is required. The material excavated from the detention basin will be used in the area of the site from which the tanks were removed. The names of the abutting landowners are shown on the plan. Existing and proposed impervious surface calculations have been added to the cover sheet. Annual written reports on the catch basins will be submitted to the Building Inspector and Town Engineer. Polypropylene steps will be added to the manholes. r Public Comment Babu Pate~ Evans Circle, asked how much traffic would increase. Mr. Burke explained this is a use permitted by the Zoning By-Law. Because a small part of this site is within the Zone II, they need a special permit to pave above 15% of the site. If none of the site fell within the Zone II, this would be a use by right. Therefore, the only questions before the board are water-related. Leonard Flynn, NR T, said he had met with the applicant and discussed an easement to use a small piece of NR T land. They agreed the piping of a portion would be beneficial to the overall project. There has been a problem with debris getting into the easement, and covering it will help. Mr. Flynn explained they had agreed only to the grant of the easement and the cover. He said ifhe thought there would be any negative effect on their land or the water supply, the NR T would never have agreed to the easement. He said he believes the proposal is an improvement, but added if the board or Mr. Sullivan say otherwise, that would effect the easement agreement. Mr. Frank said because this is a special permit, the applicant needs to demonstrate the benefits vs. the detriments. Mr. Burke agreed, saying under Section 5.1.9.3, the proposal must have no adverse effect on the quality or quantity of groundwater or disturb the topography, vegetation, groundwater, or other natural resources r r Mr. McShane asked what percentage of the site would be paved. Mr. Dunn said it would be close to 50%. Mr. McShane said the standard requires no adverse effect on the quality or quantity of water, and he was concerned about the quantity part of that standard. Mr. Dunn said he would do calculations and a permeability test to ensure that standard is met. Mr. French said he thought both the water quality and quantity would improve, but asked if that standard applied to the entire site or just the portion within the Zone II. Mr. Burke said he thought that meant that part of the site within the Zone II should not negatively impact water quality. Mr. Dolan was concerned about the items being stored. Mr. Souza said there are customs officials on site, checking for drugs and duty issues. Mr. Frank asked whether the NRT-owned land shown on this plan makes the parcel non- contiguous, adding that if it isn't, the piece on the other side of the NR T land doesn't meet the 35% open space requirement. Mr. Burke said he thought that piece has all the rights as the rest of the parcel, whether it is interrupted or not. He said he did not know whether that parce~ if it is separate, would have to separately conform to the open space requirements. Mr. Frank asked if the applicant has a hazardous materials plan. Mr. Souza said they do, and keep the necessary supplies on site. He added they have never had a spill, and that r they would refuse to accept anything they knew to be dangerous. Mr. Frank asked if the NRT easement had been agreed to. Mr. Brooks said the agreement had been drafted and is with the NRT's counsel for review. Mr. French asked if the applicant would be using pavement or concrete. Mr. Dunn said it would be eight-inch concrete with fiberglass. Mr. French suggested using Austrian pine rather than white pine; Mr. Souza agreed. Mr. French asked what would be in the bottom of the four-bays; Mr. Dunn said they would be impervious in the area where the tanks were, and the others would have pervious bottoms so the water will perc out. Motion: To approve the special permit application for the paving of previously graveled and paved storage areas west and east ofthe existing building, the development of a storage area to the south of the existing building, and the development of a new access road from the present access road to the westerly side of the site near Francis Avenue at 241 Francis Avenue (Assessor's Plat No. 30, Lots 32, 76 and 276) in the Industrial 2 zone (a portion of the site falls within the Surface and Groundwater Resource Protection District) with the following conditions: r 1. The plan of land in Mansfield, Massachusetts, dated May 31, 2001 by Dunn- McKenzie, Inc., prepared for V AM Realty Trust, c/o Charles Canal~ Hullquist Terminals, Inc, 241 Francis Avenue, Mansfield, MA 02048 is incorporated into this special permit decision by reference and shall be recorded with the special permit decision. ~ r 2. All above-referenced department head comments shall be satisfactorily addressed, specifically the Town Engineer's comments. 3. Damage to the existing retention basin, located on Map 30, Lot 32 and owned by the Natural Resources Trust, shall be repaired and improvements to same shall be done in accordance with the plan. 4. No salt shall be used during snow removal activities; the Planning Board suggests the use of sand. 5. The drainage basins, swales, catch basins, fourbays, pre-cast fourbays, and box culvert shall be cleaned on an annual basis, with a written report forwarded to the Building Inspector and the Town Engineer. 6. A guardrail shall be installed between the roadway and the proposed drainage basin at the rear of the existing building, as shown on Sheet 3, between Stations 16 and 18. 7. The executed easement agreement between the applicant and the Natural Resources Trust allowing access to land owned by the Natural Resources Trust shall be submitted to the Building Inspector prior to the issuance of any permits. 8. The applicant shall receive final Conservation Commission approval prior to the beginning of construction on site. (Dolan- Torman) Dr. Torman: In favor. The project will improve water quality in the area by providing oil/water separation and by cleaning stormwater before recharging it into the ground. r Mr. Frank: In favor. The plan as shown will not adversely effect the quality or quantity of water, is designed to avoid the disturbance of the natural features of the site, and the benefits of overall improvements to the drainage system within and around the site outweigh any detriments. Mr. McShane: In favor. The project will improve stormwater recharge and improve water quality to the Zone II through paving, traps, the dike/ftlter system, and retention area, and the applicant has committed to the use of sand rather than salt during snow removal. Mr. Dolan: In favor. The project will improve stormwater recharge and water quality to the Zone II through paving, sedimentation, traps, the dike/filter system, and retention area, and the applicant has committed to the use of sand during snow removal rather than salt. Mr. Achille: In favor. The project meets the standards of Section 5.1.9 and will provide an overall benefit to the town. Mr. French: In favor. The protection of the water resources within the Surface and Groundwater Resource Protection District and improvements to drainage system to better manage stormwater make the plan beneficial. All in favor. PASSES r Motion: To close the public hearing (Torman-Dolan) All in favor. PASSES ./ r" l~j??)~#@~ij)~~fri~{~~~#~~ij(tJrrttttr{r(r}}ttt~~t}(rt}r}}r~tttrjr(t:tt~t}:~rj Mr. Burke informed the board the completion date for River Edge Estates has passed, and the work is incomplete. He has spoken with the developer, Steve Benoit, compiled punch lists, and walked the site. Mr. Benoit has said he will complete the remaining items, but to date he has not. The Planning Department has received a number of calls from residents about the incomplete state of the roadway, along with some drainage complaints. Mr. Burke said if Town Meeting is in September and the developer keeps ! dragging the completion out, the street may not be ready for acceptance. This is an issue because the town will no longer be plowing unaccepted streets. Mr. Burke suggested sending Mr. Benoit a letter telling him if the work is not complete by August 8, he will be in default and the town will take the remaining surety. DPW staff agrees most of the work is landscaping, and can be completed by September. Mr. Burke said he had spoken with town counsel and drafted a draft letter to this effect. Mr. Frank suggested having the developer come to the Planning Board meeting following the August 8 deadline, rather than finding him in default now. He said he was uncomfortable defaulting the developer four weeks ahead of time. Mr. Achille suggested the board could reconsider if a small amount of the work is incomplete on August 8. r Motion: To send Mr. Benoit a letter telling him he is well beyond his completion date, and if the punch list items are not complete by August 8, 2001, the Planning Board will vote to find him in default for failure to complete the required improvements and immediately take the remaining surety on August 9,2001. (Dolan-Frank) All in favor. PASSES The board discussed other approved subdivisions which have not been built according to the approved plans, asking what can put into its decisions to make the requirement to build according to plan very clear. Mr. McShane mentioned the recent US Supreme Court decision which found a property owner can sue a town for a taking even if the zoning restriction was put on the property before it was purchased. 1~~~~tt~~l~M~ijfrr~tt:rt~fr~~~t~~~~~tt\}:~~}:~t~r~~tt:~r~r~f~~~rtr~rmr{r:~r~~rt~}f~~rr~t~~r~t\t:t~trl Motion: To adjourn at 11 :25 p.m. (Torman-Frank) All in favor. PASSES Date of next meeting: July 18, 2001 at 7:30 p.m. ~~~ Signature of Clerk --- /~Jt~~) Date of Approval r , "