HomeMy WebLinkAboutmin of planning brd 04/30/03
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1. April 9, 2003 Minutes
Motion: To approve as submitted (Achille-Dolan) Four in favor. Armstrong,
Jenkins abstained. PASSES
2. ZBA application for Variance - 23 Church Street - 4.2.1, less than required lot area
The homeowner would like to convert the house to a two-family. [Mr. Annino
arrived at this time.] Mr. Burke explained the applicant needs 7,500 square feet per
unit, or 15,000; the lot is 2,000 feet short ofthe requirement. He said a two-family
would fit into the neighborhood, but there is no hardship to the land.
Motion: To send the ZBA a positive recommendation (Dolan-Achille)
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Mr. Annino said it wasn't a bad idea to increase the density in this area, but
suggested the plan should include more information, such as that the length and
width of the driveway and whether it will accommodate four cars; walkways and
entries to the house; that pictures of the house and surrounding area be available at
the hearing to show this change will fit in with the neighborhood; discourage
additional exterior lighting or exterior structural changes; screening the driveway
from abutting properties; include a locus map showing abutting properties.
Mr. French said those were all good ideas, but he was unsure whether the ZBA
could grant a variance with all of those conditions. Mr. Burke said it could be done,
especially if the applicant agrees.
Motion: To send the ZBA a positive recommendation with the above suggestions
for the ZBA' s consideration. (Dolan-Achille) All in favor . PASSES
3. Letter from SRPEDD re: Planning Board representative
Motion: To reappoint Mr. Flynn (Dolan-Achille) All in favor. PASSES
4. Meeting notices North Attleboro, Norton, SPREDD, Mass Federation of Planning
& Appeals Boards
5. Access New England newsletter
6. The Commissioner newsletter
7. Mass Interchange newsletter
8. Journal of the American Planning Association
9. New England Planning newsletter
10. Preservation Advocate newsletter
11. TransReport newsletter
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Horace Street - Cunningham Lot 2A is to be combined with Lot 2B. Both Lots 2B and
Lot 1 will have sufficient area and frontage. Mr. Burke recommended the plan
warrants endorsement.
Motion: To endorse the Form A (Armstrong-Achille) All in favor. PASSES
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Attorney Bob Devon told the board he would like some feedback about the plan they
are considering. Mr. Devon said he believes the plan meets the requirements of zoning.
He said the private way would be approximately 800 or 900 feet and would be
maintained by the condo association. There would be 91 units.
Mr. Burke explained the site is the DeGirolamo & Sons construction business, and a
number of years ago, Mr. DeGirolamo brought a citizens' petition to Town Meeting for
a 55 and over amendment, which would allow this use on this site. There have been a
number of proposals on this site since then.
Mr. Jenkins said this is a good use of the site and a needed housing type. He noted
there is no community center, which he thought would be beneficial. Mr. Devon said
community centers in developments like this tend to be underused. Mr. Annino said he
disagreed, and depending on the size of the project, a pool or community center could
be an asset. Mr. Devon said the residents would not necessarily be elderly, but would
be in their late 50s or early 60s. Mr. Jenkins suggested considering a community
center. Mr. Dolan suggested a smaller meeting-type facility, but said he didn't believe
a clubhouse was necessary.
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Mr. Jenkins asked about the development entity; Mr. Devon said it would be Village
Landing, LLC.
Mr. Jenkins said the interior designs are commendable, but suggested the exterior of
the building could be designed more creatively. He said the more dense the project is,
the more different the structures should be, and these buildings seem to be very similar.
He suggested redesigning the exteriors. Mr. Annino agreed, and said with some
redesign, this could be a beautiful community. He suggested parallel parking on the
street, which would slow traffic and create a narrower vehicle width.
Mr. Jenkins said he liked the courtyard inside the four buildings closest to Route 106;
Mr. Brown said placing the buildings closer to 106 would be noisier. There is quite a
bit of wetland area, which the applicant may donate to the town.
Mr. Jenkins asked where the work would begin; Mr. Devon said it would begin at
Route 106 and move back into the site.
Mr. Burke said the town has had the Canoe River Green Belt plan for a number of
years; the town owns the land across the street, which was the old landfill, and up
Route 106 to Maple Street. Southeast of the site, the town owns a significant amount of
open space from other developments. He said this would be a good opportunity to add
to the Canoe River Green Belt. Mr. Devon said they would look into providing public
access to the land.
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Mr. Devon pointed out a walkway around the exterior of the site. Mr. Annino said he
thought people would rather walk in the woods than around buildings. Mr. Devon said
he thought people would use that path for exercise. Mr. Annino suggested putting the
walkway in front of the buildings rather than behind. He said there should be sidewalks
in front of the buildings, and suggested things like porches and fences to create public
and private spaces.
Mr. French said he liked the idea of the walkways behind, which would get people off
the traveled pavement areas. He said with the cul-de-sac rather than a through road,
residents could walk along the roadway. Mr. Brown said they have looked at several
different configurations, and the walkway behind the buildings is popular.
Mr. Achille said he liked the walkway around the back of the buildings, and would
like the parking spaces removed from the middle of the cul-de-sac. Mr. Devon said that
would be done.
Mr. Annino said he would be looking at how the development appears from the street.
Mr. French suggested relocating some of the garages to the side of the unit, rather than
having them all in the front. Mr. Annino said they would also look at things like
lighting and landscaping, which should be detailed enough for the board to identify.
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Mr. Brown said trash would be held in the garages and be collected privately. He said
he wasn't sure what would happen with the mail delivery; Mr. Annino said that should
be considered, and could be a gazebo or something like that. Mr. Brown said that could
be tied into the smaller meeting-type area.
Mr. Jenkins asked about the retention ponds and said the aesthetics of those structures
should be carefully considered. Mr. Devon said they wouldn't contain water for long
periods of time. Mr. Annino suggested shallow depressions would be best. Mr. Burke
pointed out other subdivisions that have made their drainage areas into amenities by
adding benches or using them for ice skating or playing fields. Mr. Brown said they
have been to the Conservation Commission for wetlands delineation, so they will be
able to size the drainage areas.
Mr. Brown said they would provide separate lighting and landscaping plans.
Mr. Jenkins asked about the elevations and contours of the site, since the site slopes
significantly. Mr. Brown said he would provide a detail of the change in elevation. He
said they would use underground pumps for sewer. The utilities will be underground.
Mr. Armstrong said he was concerned about traffic on Route 106, which is already a
difficult situation. Mr. Devon said they have hired a traffic engineer, and are working
on improvements. Mr. Brown said the entrance is about 400 feet from the stop light.
Mr. Annino asked the applicant to work on an attractive entrance.
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Mr. Annino asked if an EIR will have to be submitted; Mr. Burke said it would.
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Mr. Burke asked about the sidewalks; Mr. Brown said they hadn't determined what
they would be made of. Mr. Burke suggested if the sidewalk were to go in front of the
buildings, it should be of a different material to differentiate the travel and pedestrian
areas. Mr. Brown said they were looking into those options.
Mr. Annino suggested taking abutters into account, especially with screening and
buffering.
Public Comment
The resident of 625 East Street asked why he hadn't been informed of the meeting.
Mr. Burke explained this is an informal meeting and when the plans are submitted, the
abutters will be notified by certified mail and the ad will run in the newspaper. Mr.
French said the applicants had requested to come to the board informally prior to filing
the plan, which the board appreciates.
Mr. Burke asked when the applicant plans to move forward. Mr. Devon said they
would be filing within the next month or two; they would take the board's comments
and incorporate as many as possible into the plan.
[Mr. Armstrong excused himself at this time.]
Attorney Marc Antine, Roster and Antine, explained that this site has received a
variance :from the ZBA to allow a nine-foot sideyard setback.
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Michael Trowbridge, Hutchins-Trowbridge Engineering, explained the plans for a bank
kiosk in the parking lot. The site is already paved, with the kiosk replacing some existing
parking spaces. There will be a concrete walk, handicapped parking space and
handicapped access ramp; there will be no increase in runoff, and there are more than the
required parking spaces. Mr. Trowbridge said the proposed location of the kiosk will
cause the least disruption of the parking lot. The parking spaces that will be lost will be
offset and restriped. Mr. Annino asked that the dimensions of the parking spaces be
added to the plan; Mr. Trowbridge said he would add them.
Department Bead Comments
The clerk read memos from the Conservation Commission, Fire Department, Board of
Health, which indicated those departments had no comments. The Police Department
asked that lighting be sufficient and the landscaping not impede visibility at the rear door.
Mr. Sullivan was concerned about the walkway being installed over the easement, which
is between private parties. Mr. Antine explained that as a result of Mr. Sullivan's
comments, Mr. Trowbridge has flipped the concrete walkway and ramp away from the
easement. Mr. Antine said he was concerned about that because of the ZBA's variance
decision, which specifically references the plan showing the walkway on the other side.
Mr. Antine spoke with the Building Inspector, who indicated his understanding of the
r- ZBA decision was that structures have to be as shown on the plan, so he did not feel there
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would be any violation of the variance by moving the ramp, which is not a structure. Mr.
Antine said he would prefer to leave the ramp exactly where it was on the ZBA plan and
on the original site plan, but Mr. Sullivan asked for this change.
Mr. Trowbridge explained a riser pole and underground electric will be the only utilities
to the kiosk. Mr. Burke said there are no issues with lot coverage.
Board Comment
Mr. Dolan asked if this would eliminate parking spaces; Mr. Trowbridge said some
would be moved and restriped, but there would still be enough spaces. Mr. Jenkins said
he was concerned about truck traffic being blocked by the new parking spaces. Mr.
Trowbridge said those spaces already exist in close to the same location, but would be
shifted and restriped.
Mr. Annino said this site has a traffic problem now, and asked if this would add to it.
Mr. Trowbridge said he didn't think so, and added the area where the kiosk will be built
is not normally used for parking. He said he thought the proposed location, toward the
back of the site, is the best place.
Mr. Cook asked if there is an easement within the driveway; Mr. Antine said the
Building Inspector was not aware of any cross easement agreements between Bertucci's
and the rest of this site.
(' Mr. Burke said bank kiosks are not typically enormous traffic generators. He said the
parking lot is a difficult situation now, and this addition wouldn't have as large an impact
as an additional retail store on site.
Mr. Dolan asked about the landscaping Mr. Trowbridge said he proposed low-level
plantings. Mr. Annino asked for a more detailed planting plan.
Mr. Annino said the architectural plan shows several items now shown on the site plan:
a pad at the back of the kiosk, a light on the kiosk, and bollards. Mr. Annino asked where
the roof drains would go; Mr. Trowbridge said he hadn't done calculations because the
site is paved, and runoffwill flow off the back of the kiosk.
Motion: To send the Building Inspector a positive recommendation on the plan dated
January 16, 2002, revised June 5, 2002, March 13, 2003 and April 23, 2003 with the
following recommendations:
1. The dimensions of the re-striped parking spaces should be shown on the plan;
2. The width of the travel aisle should be shown on the plan;
3. Detail of the landscaping bed should be shown on the plan;
4. The concrete pad at the back of the kiosk should be shown on the plan;
5. The exterior light on the building should be shown on the plan and should be shielded
to prevent spillover;
6. The bollards should be shown on the plan.
r (Achille-Jenkins) All in favor. PASSES
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[Mr. Armstrong returned to the meeting at this time.]
The board discussed when the 10 percent should be counted; when the application is
submitted, or when the application has been decided? There could be several
applications going on at once, so the percentage could go up during the process, changing
the numbers for later projects. Raynham, for example, has a policy that the 10 percent is
counted when the decision is made. According to 40B, the number of houses in town is
the number counted under the last census, and the Housing Appeals Committee has said
the building permits issued since that time can be counted. A complaint has been filed
that that exceeds the statute's authority, because it doesn't say those building permits can
be included.
Mr. Burke explained the board has received a memorandum from the Board of Selectmen
requesting comment to the ZBA on the pending 40B proposals. The public hearings for
two proposals, on Branch Street and Francis Avenue, were opened on April 29. The
ZBA has a consultant who is reviewing these plans; and the applicant on the Branch
Street project has donated $10,000 for additional review.
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Branch Street:
Mr. Dolan said he was concerned about the waiver on the length of the roadway. Mr.
Burke said the roadway in Bay Brook Farm, which was approved in the mid-1990s, is
much longer and has no second point of access. Mr. Dolan asked what would happen if
the waivers were denied; Mr. Burke said the applicant would likely appeal.
Mr. Burke explained the underlying lot area requirement on Branch Street (Rl) is 60,000
square feet, and this application is for 10,000 square foot lots. Mr. Annino said that
significantly derogates from the intent of the Zoning By-Law and would not fit in with
the character of the neighborhood. Mr. Burke said the application could have been filed
for apartment buildings rather than single-family houses, and the lots at the East Street
end of Branch Street are also very small.
Mr. Annino said the houses all appear to be exactly the same. Mr. Burke said the
applicant had agreed to stagger the houses and use four different styles at the previous
night's ZBA meeting. Mr. Dolan asked how these developments sell elsewhere; Mr.
Burke said they sell out.
Mr. Annino suggested the developer could consider things such as adding gable ends
facing the road, shifting the driveways, adding fences, and other amenities. Mr. Burke
suggested concerns like the length of the cul-de-sac, lot size, number of units, landscape
or design features to give the development some character, lighting, and the entranceway.
Mr. Annino asked that the new house proposed on the opposite side of the new road
match the setback of the existing house.
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Francis Avenue:
Mr. Burke explained this site, a 72-unit rental apartment building, is at the corner of
Francis and Connors Ave, which was to ~ve been an industrial subdivision, but was not
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built. Connors Ave is an accepted public way, but is not a fully constructed roadway, and
there is a question about whether it is adequate to serve the needs of this many units.
Mr. Burke said there will be some wetland filling under this project, and there are no
landscaping or height requirements under Chapter 40B. The structures will have to
comply with building codes.
Mr. Dolan asked what this development would do to the town's sewer capacity; Mr.
Burke said it wouldn't be an impact because there is already sewer in the street and the
town isn't at capacity. He said sewer capacity would be an issue with the proposal that
will be coming in at the Parente Farm because there is no sewer in that area.
Mr. Armstrong asked about water use, and whether the town could ask for compensatory
conservation elsewhere in town. Mr. Burke explained the water department's policy,
which requires just that, does apply to 40B projects.
The board discussed their memo to the ZBA should express concern about wetland filling
and proximity of structures to wetland areas and property lines, the fact that the project is
too dense, has too much impervious surface, not enough landscaping, and an
inappropriately large entrance sign.
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The board will do a site walk on Saturday May 3, posted to begin at Town Hall at 9 a.In.
Mr. French noted Town Meeting is May 20, and the board will have to respond to the
citizen's petitions. He asked for volunteers to present the board's position on those
articles. Mr. Armstrong volunteered to speak to Mr. Devine's article.
Motion: To adjourn at 1O:30p.In. (Dolan-Cook) All in favor. PASSES
Date of next meeting: May 14,2003 at 7:30 p.m.
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. Signature ofC .
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Date ppro al
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