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HomeMy WebLinkAboutmin of planning brd 02/26/03 1\ . r' \ i\ \ \ r Planning Board Minutes ,', ) " t: 0 '3 February 26, 2003 )\)\;?, l, ,) f \ \ \ Tom French, Chair; Bernie Dolan, Clerk; Roger Achille, Matlttook, Doug.Arwino, Walter Ienkins . , . :~'r.:l'\ S Shaun P. Burke, Director ofPlannin '. ,., 1. Minutes February 5,2003 Motion: To approve as submitted (Dolan-Cook) All in favor. PASSES 2. ZBA application for Variance - Rear yard setback - 42 Riverside Drive (R2 zone) The addition will encroach 18 inches into the sideyard setback. Mr. Burke suggested the addition could be reduced by 18 inches and meet the setback requirements. Motion: To send the ZBA a positive recommendation (Dolan-Cook) Four in favor. Annino opposed. PASSES 3.Public Hearing notices - Foxboro, North Attleboro, Norton 4.Request from the Housing Rehab Grant Committee for a Planning Board representative. Mr. Annino volunteered to serve on the committee. Motion: To appoint Mr. Annino to represent the board (Dolan-Cook) All in favor. PASSES [Mr. Jenkins arrived at this time.] r 5. ZBA decision - Erin's Centre - Granted (planning Board sent a positive recommendation on 30' sign, negative recommendation on 65' sign) Mr. Annino asked whether the decision could be appealed; Mr. Burke said the appeal period has not yet expired, and the board would need permission from the Board of Selectmen to appeal. Mr. Annino said he felt this will set a dangerous precedent for signage in that area. Mr. Dolan said he didn't think the Board of Selectmen would support an appeal by the Planning Board. Mr. French said the board granted a special permit which shows the signs; the plan was incorporated into the special permit. Mr. French said he thought in order to get building permits for those signs, the special permit should have to be modified. He suggested the applicant's next step would be to apply for a building permit, and if that is granted, it could be appealed. If the building permit is denied, the applicant could appeal the denial. Mr. Burke said he didn't believe the application meets the standards for a variance. The clerk read the public hearing notice for a three-lot residential compound off Ware Street. Mr. French explained the special permit requires a super majority vote of the board; one member is missing tonight. Mr. French asked if the applicant would like to proceed with six members rather than seven. r r , Attorney Leventhal asked if the board would be willing to discuss the issues even if they decided to continue the public hearing. Mr. Burke recommended the board not discuss the plan outside the public hearing and explained the members present at the opening of the public hearing are the only members allowed to participate in the public hearing. Mr. Dolan said the applicant would have plenty of time to make any changes necessary to the plan after the hearing opens. Mr. Leventhal said it would be helpful if they knew what revisions the board would require. Mr. Jim Burke said he has the department head comments and is aware of the issues. He said he has scheduled a faIling head permeability test with Mr. Sullivan for Thursday, March 27; he said he didn't see anything in the comments that couldn't be addressed. Mr. Dolan said even if the hearing is postponed, there is no guarantee there will be seven members present at the next meeting. Mr. Leventhal said he would like to open the meeting and begin the process tonight. Mr. Jim Burke, civil engineer with Coller and Colantonio, presented the plan for a three- lot residential compound off Ware Street. He explained a Form A plan had previously been endorsed by the board, which separated the lot into two, one with the existing apartment buildings, and one vacant. The ZBA has granted a variance for the site. r i Mr. 1. Burke explained the three lots each have at least 30,000 square feet of area and a common 18-foot paved drive. He said the abutters seem to like the residential compound idea, with a minimum 50-foot buffer surrounding the entire site. The site will be serviced by town water, electric, and gas. Private septic systems will be installed; Title V requirements have been met. Mr. J. Burke explained the requirement for any drainage structure to be 100 feet from any property line. A 66 x 42 underground retention structure has been designed, which will hold about 6,300 cubic feet, sufficient for the I DO-year storm. The system will hold the house runoff, but the roof runoff will leach into the ground. There is a double catch basin and a culvert to keep the drainage on site rather then letting it out onto Ware Street. Mr. 1. Burke said he would like to discuss a waiver for the drainage system location. Mr. Dolan asked if the cul-de-sac was necessary; Mr. 1. Burke said it was not. Mr. Dolan asked if a traditional subdivision plan had been submitted as well. Mr. 1. Burke said it had been, and showed the board a one-sheet plan. Mr. S. Burke said the board would have to determine the compound would be a better plan than the traditional plan. r Department Head Comments The clerk read comments from the Fire Department (no comments); Electric Department; and Conservation Agent, suggesting the applicant contact his office to establish the wetland area and raising some water quality issues, especially during winter; Water Department; and Engineering Department. Mr. 1. Burke explained the test pits will be done tomorrow, and he will be discussing the other comments with the engineers. r Mr. J. Burke said he would like a waiver to move the drainage system closer than 100 feet to the lot line. He said it is currently eight feet deep, which he is uncomfortable with. He said he would like to relocate it and add a drainage swale along the drive, which would carry the water to the drainage system. Mr. French suggested he speak with the engineers about that issue, especially as it will affect the septic system on the closest lot. Denise Stocking, 105 Ware Street, said the name shown on her lot on the plan is incorrect. She said her back yard tends to be very wet and muddy in the wintertime, and she is concerned about the drainage system being moved closer to her property. She asked what effect this would have on her existing problem. Mr. J. Burke said he is not allowed to drain onto her property at all; he explained water currently sheds toward her house and the adjacent wetland. He is proposing to capture that water, hold onto it, and leach most of it into the ground. He said there are good soils close to Ware Street. Mrs. Stocking said she was concerned about the additional water leaching into her yard over the years. Mr. J. Burke said he thought there would be less water entering her property after the design is complete. Mrs. Stocking said this development would effect both the back and side of her property. Mr. 1. Burke said he would not be changing the existing flow of the water or its direction, but rather retaining it and releasing it slowly. Mr. 1. Burke said the water would hit the new drive and control structures well before it gets to her house, so the flow may be reduced. Mrs. Stocking said she was concerned about the accumulation of water on her property; Mr. 1. Burke said he didn't believe she r would see any difference post-development. Mr. French said these questions would likely be cleared up during the falling head tests. Mr. J. Burke said there is a culvert going under the road, which takes water from the wetland. Jack Seccara, 181 Ware Street, said there is water there year-round. Board Comment Mr. Jenkins asked about Mr. Lewis's concerns about the wetland determination. Mr. 1. Burke said he has had the wetland flagged, is doing a Request for Determination, and will walk the site with Mr. Lewis. Mr. Jenkins said he was very concerned that this issue be addressed. Mr. Jenkins asked why the application was for a residential compound cather than a traditional subdivision. Mr. Burke said that came out of discussions with the neighbors; he applied for a residential compound because of the smaller roadway, and the opportunity to establish an additional buffer. Mr. Annino asked about the roadway. Mr. J. Burke said he had showed the ZBA a straight roadway, but the drive shown on the Planning Board plan is curved. Mr. Annino said he liked the curved road better. Mr. AnDino asked about the radius of the cul-de-sac; Mr. J. Burke said 51 feet, which should be enough for emergency vehicles. r Mr. Annino asked about the plans for the landscaped island; Mr. J. Burke said there are r no plans yet. Mr. Annino said he would like to see a landscaping layout. Mr. Annino asked if street trees are required; Mr. S. Burke said they are not. Mr. 1. Burke said 57 percent of the site will remain open space. Mr. S. Burke said there would be less land clearing than in a traditional subdivision; he has spoken with a neighbor about buffering concerns along the driveway. He suggested some evergreens along the roadway to prevent headlights from shining onto abutting properties, which might be more beneficial than street trees. Mr. Annino said he was would like the drive to have the appearance of a lane rather than a busy street. He asked if the abutter's houses could be shown on the plan; Mr. J. Burke said he would do that. Mr. Annino asked about street lighting. Mr. S. Burke said the board doesn't typically require street lights in compounds, and other residential compounds have used lantern- type lighting. Mr. 1. Burke said they had planned to leave lighting up to the homeowners. Mr. Annino asked about lighting toward Ware Street; Mr. 1. Burke said he believes there is a street light on Ware Street. Mr. S. Burke said he would recommend some lighting along the new drive, and suggested the developer chose those lights and the lights at the homes, to develop a sense of uniformity. r Mr. Annino asked how addresses would be determined. Mr. S. Burke explained some residential compounds have signs at the main road identifying it as a private way, with the house numbers. The assigning of street numbers will be done by the Assessor's office. Mr. Annino suggested something at the entrance with the street name and house numbers, like a stone wall. Mr. Dolan said the mail boxes would likely be on Ware Street, . but that would be up to the postmaster. Mr. Annino asked about joining of the existing and new pavement at Ware Street. Mr. 1. Burke said he would include the detail of that on the plan. Mr. Dolan asked about a stop sign at Ware Street; Mr. 1. Burke said he didn't think it would be necessary, but he would consider it. Mrs. Stocking asked whether the buffer could be considered on both sides of her property, both behind and beside. Mr. J. Burke said with the location of the drive, the opening would be at least 100 feet from her property, and about 50 feet when it comes into the site. She asked where the driveway is in relation to the speed limit sign; she said speeds on Ware Street are very fast. Mr. 1. Burke said he believes the new drive will be within the 20 mph school zone. Mrs. Stocking asked that some sort of sign be installed indicating the new roadway; Mr. 1. Burke said he would look into that. Mr. Achille said he thought the compound was preferable to the traditional subdivision and he would like to see the comments of the engineers and abutters addressed. r- Mr. S. Burke said he was concerned about the outfall being directed to the low point on the site. He suggested that pipe be shortened up to avoid cutting a large trench. Mr. 1. Burke said he would look into that. r Mr. French asked about building envelope and setbacks. Mr. S. Burke said the plan should show an envelope showing setback lines. Mr. 1. Burke said he would include that. Motion: To continue the public hearing to March 26, 2003 at 7:45 p.m. (Dolan-Annino) All in favor. PASSES The applicant has requested a continuance of this public hearing. Motion: To continue the public hearing until April 9, 2003 at 8:00 p.m. (Achille-Dolan) All in favor. PASSES r i Ralph Maloon, RIM Engineering, explained the revisions to the plans. The traffic pattern is now one-way; parallel parking has been removed from the edge of the parking area and relocated as "buried spaces" for employee parking. The drainage system has been relocated to be below the parking lot. The dumpster will be kept inside the building. The turning radius has been increased where necessary, using the Mass Highway standards; the largest truck used for this business is 23 feet long. He said the trucks will be able to make the turns safely. There are two lights on the plan, one at the upper right comer of the lot and one at the upper left comer of the parking lot; a lighting plan has been included. A concrete sidewalk has been placed along the building, and the detail sheet of the handicap ramp is shown. There is a new landscaping plan included. There will be two catch basins to a manhole to an oiVwater separator to a leach field, which has been reviewed and approved by engineering. The water service has been moved per the Water Department request; sewer service has been revised so the floor drains will go to an inflammable manhole. Department Head Comments The clerk read comments from the Police Department; Officer Lawson's concerns have been addressed. The Engineering Department's comments have been addressed. Mr. French said the board had been concerned about getting a list of all the chemicals that will be used on site, as well as information about the paint room. Mr. Mendlowitz explained the chemicals are automotive paint materials, and will stored in the paint mixing room. The room will be on a curb, which will either be poured with a floor foundation, or a gasket will be put in the foundation to seal any future cracks in the floor. The potential spill of two drums, which will be sitting on a spill deck and will retain that fluid, will be contained within the paint mixing room. Mr. Mendlowitz said the main chemicals he uses are a drum of laquer thinner and the waste from same. He said he buys a 55-gallon drum oflaquer thinner at a time; this thinner is used to clean the paint lines in between jobs. The waste is taken off site by a hazardous waste collector; there will only be one drum of waste and one drum of new thinner on site at a time. He said if both r drums spilled at once, the paint room will hold the material. He said it was likely he r would stop using 55-gallon drums soon; he plans to buy a solvent recycler, which would allow him to keep only a 5-gallon drum of thinner and a S-gallon drum of waste, which would be recycled. Mr. Dolan said the board's biggest concern is what goes into the groundwater. Mr. Mendlowitz said he understood that. Mr. Cook suggested the chemical list be made part of the special permit, and asked who would enforce it. Mr. Burke explained the Building Inspector enforces the special permit, but the chemical list also has to be on file with the Board of Health and the Fire Department. Mr. Cook asked if there would be annual inspections, and who would conduct them. Mr. Mendlowitz said he didn't have a problem with inspections. The board discussed who would do the inspections; Mr. Burke said the Fire Department does annual inspections on all buildings. Mr. Mendlowitz said there would be fire suppression systems in the mixing booth and the paint room. Mr. Cook asked about an erosion control system, such as silt fences and hay bales, to protect from runoff and keep the dirt from running into the street during construction. Mr. Burke said that could be added to the special permit. r Mr. Jenkins asked about the change in traffic pattern to a one-way. Mr. Mendlowitz said he doesn't expect a large volume of traffic into this site. Mr. Burke said one of the concerns was this site not be used as a cut-through from Maple to Oakland. Mr. Jenkins asked about installing a berm on the site; Mr. Mendlowitz said that would be a problem when he brings the trucks in. Mr. Jenkins said the applicant had done a great job addressing the board's concerns. Mr. Annino asked about the fan in the paint spray booth. Dave Alard, factory rep for Air Filtration Corp, explained the fans will be inside the building and will not be heard outside. To meet OSHA and EP A requirements, the exhaust has to be well above the roof, which will eliminate odors. The exhaust is filtered. Mr. Annino asked about the light above the door; Mr. Mendlowitz said it would be a standard security light, not a bright light. He said he always turns off the lights when he leaves for the day. Mr. Maloon explained the outside lighting; there will be two ISO-watt parking lot lights. Mr. Annino asked about signage; Mr. Mendlowitz said it would be on the building facing Oakland Street. There will be no pylon signs on the site. Mr. Annino said the landscaping plan looks great and is exactly what he wanted to see. r Mr. Achille said the applicant and his engineer have been very professional and he appreciated the information regarding the hazardous materials. r Mr. Burke said he has met with the applicant many times and is pleased that the plans have been revised in accordance with the board's concerns. He recommended the board vote in favor of a special permit. Motion: To consider the special permits together (Jenkins-Dolan) All in favor. PASSES Motion: To grant the special permit for the construction of an automobile and truck body repair shop with associated parking, utilities and landscaping at 389 Oakland Street (Assessor's Plat No. 30, Lot 47) in the Industrial 3 zone and also to grant a special permit for this use within the Surface and Groundwater Resource Protection District because the application and plans meet the submission and technical requirements for the proposed use in the Surface and Groundwater Resource Protection District by-law, the board finds the use will not adversely affect groundwater quality, and the benefits of the proposal outweigh its detriments. The special permit is granted to allow the auto body use within the Industrial 3 zone and within the Surface and Groundwater Resource Protection District with the following conditions: 1. The Plans for Site Plan of#389 Oakland Street dated November 15,2002 and revised January 29,2003 by RIM Engineering Co., Inc. are incorporated into this special permit decision by reference and shall be recorded with the special permit decision; 2. All above-referenced department head comments shall be fully and satisfactorily addressed. r 3. Any and all revisions to the plans must be completed within the 20-day appeal period. 4. The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday, and to 8:00 a.m. to 3 :00 p.m. on Saturday. 5. No more than two (2) vehicles at a time shall be left outside the building overnight. 5. The trash dumpster shall be kept inside the building. 6. The parking spaces shall have permanent line striping. 7. The security light over the door to the building shall be no more than 100 watts. 8. One (1) handicapped parking space shall be provided. 9. There shall be no more than one (I) drum of paint waste on site at any time. 10. The list of chemicals to be used and stored on site, dated January 30,2003, is incorporated into this special permit decision by reference. Annual inspections of these chemicals shall be conducted by the appropriate town department. r- I 11. An erosion control system acceptable to the Town Engineer shall be installed during construction. r 12. The applicant shall provide the Town Engineer with a annual management plan for the stormwater system which includes the materials that ~y be used on the repair of the vehicles, as well as oil and coolant that may leak from the vehicles. 13. Floor drains in the building, ifany, shall be connected to a sanitary system. 14. Any paint mixing shall be performed in the paint mixing room, which meets the 110 percent volume capacity requirement (for the retention of a potential spill). (Achille-Annino) Achille - In favor. I believe the benefits outweigh the detriments, and the technical requirements of the by-law have been met. I am also in favor of granting the special permit for the groundwater resource protection district because the applicant has shown the groundwater will be protected. Dolan - In favor. The benefits of the project outweigh the detriments, and the applicant has done his homework and demonstrated he will protect the groundwater, and has met all the requirements of the by-law. r Jenkins - In favor. The applicant has shown his commitm. to a difficult site, which has been long overdue to be developed. I think it will be a good use for the site and the benefits outweigh the detriments. The applicant has demonstrated his commit to adhere to the groundwater resource protection guidelines. Annino - In favor. With the screening, buffering, and lighting, the residential abutters will be protected, and this will be a good use for the area. Adequate protection has been provided to protect for the groundwater resource protection district. Cook - In favor. The benefits of the project outweigh the detriments, and the applicant has done his homework and demonstrated he will protect the groundwater, and has met all the requirements of the by-law. French - In favor. The provisions of this special permit protect the town as much as possible, and the benefits outweigh the detriments as far as tax dollars and services to the community. Tying the drains into the sanitary sewer, ~-development recharge, the protections afforded by the paint mixing room, and the chemical storage plan will protect town as much as possible. All in favor. PASSES Motion: To close the public hearing (Cook-Dolan) All in favor. PASSES Leonard Flynn, Planning Board SRPEDD representative, told the board about a committee being formed to work on revisions Chapter 40A. He said this would clarify a lot of issues in the Zoning By-Law. Another agenda item, 40B comprehensive permits, was discussed, with the group voting to support the draft submitted and saying the r-- r existing 40B regulations don't serve the needs of the community or the needy. The board also discussed gambling casinos, as some towns in the region have been approached. A committee to address this issue will be formed. Mr. Flynn said there is a fIrm taking aerial photographs of the region, and towns can subscribe to the service. Mr. Burke said he has spoken with Mr. Boutas about a two-lot residential compound on his land off the end of the Green Acres Drive cul-de-sac (off Maple Street), and would donate the rest of the land to the town. This land abuts the Little Canoe River and a lot of conservation land the town already owns. Mr. Flynn said he is in favor of it, but there are wetland crossing issues. Mr. Burke said Mr. Boutas would like to get a sense of what the board's reaction would be to this plan. Mr. Flynn said it would be a fair trade because Mansfield would acquire 33 acres in the ACEC allQng the river. Mr. French asked if the land is even buildable. Mr. Burke said there could be a lot of options, such as the grant of a variance for frontage, or another owner with a 40B project. He said the acquisition of that much open space might be worth the construction of two additional houses. Motion: To adjourn at 11:00 p.m. (Jenkins-Achille) All in favor. PASSES Date of next meeting: March 12,2003 at 7:30 p.m. ~~ 3---1),~tI_~ . ture of Cler -- Date of Approval - r r- ,