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HomeMy WebLinkAboutmin of planning brd 05/14/03 I ,..-, ,""~ I: "+ , (' Planning Board Minutes May 14, 2003 Tom French, Chair; Bernie Do~ Clerk; Mark Cook, Walter Jenkins, Fred. Armstrong, Doug Annino Shaun P. Burke, Director ofPlannin and Develo ment ,r-:, i P\~! 2: ::; '5 I "";"'---:""T\""" . ' \:_1 I ~ Motion: To appoint Mr. Annino Acting Chair (Dolan-Cook) All in favor PASSES 1.April 30, 2003 Minutes Motion: To approve as submitted (Armstrong-Cook) All in favor. PASSES [Mr. French arrived at this time] r 2. ZBA application for Variance -71 Campbell Street - 4.2.1, Sideyard Setback Mr. Burke explained the distance to the rear lot line from the existing structure is not shown, and there is no hardship shown. He recommended sending the ZBA a negative recommendation. Mr. Annino said he was concerned about the precedent this could set, saying there are no abutters shown, and the distance to the adjacent house could be dangerously close. Mr. Dolan suggested applicants should supply that type of information. Motion: To send the ZBA a negative recommendation because there is significant information missing from the site p~ such as the location of abutting houses, and the board is concerned about how this would fit into the character of the neighborhood (Dolan-Cook) All in favor. PASSES The board discussed its frustration with incomplete applications, and whether the members want to continue making recommendations on variance applications. 3. ZBA application for Variance - 1298 East Street - 4.2.1, Sideyard Setback Mr. Burke said it was unclear whether the existing, non-conforming deck had received a variance or a building permit. Mr. French said there is no hardship shown. Motion: To send the ZBA a negative recommendation because there is significant information missing from the site p~ such as the location of abutting houses. The board is concerned about how this would fit into the character of the neighborhood, and whether there is a variance and a building permit for the existing deck, which is non-conforming in the first place (Dolan-Armstrong) All in favor. PASSES r 4. ZBA application for Variance - 164 Fruit Street - 1.5.17, Frontage and Lot Width Mr. Burke explained there is one existing home on Fruit Street; the applicant wants to divide it into two lots, but one lacks sufficient frontage and area. Mr. Burke said he would not encourage a positive recommendation to the ZBA. Mr. Armstrong said he believes there is case law that does not allow this. Motion: To send the ZBA a negative recommendation because there is no hardship shown and the board believes there is case law preventing this (Dolan-Cook) All in favor. PASSES (' 5. ZBA application for Variance - 23 Northridge Road - 4.2.1, Sideyard Setback The addition would result in a setback of 17.7 feet. Mr. Burke said there is no hardship shown. Motion: To send the ZBA a negative recommendation because there is no hardship shown (Dolan-Armstrong) All in favor. PASSES 6. ZBA application for Variance - 18 Gale Lane - Frontage The house is on a corner lot and the abutting properties are not shown. Mr. Burke explained that on a comer lot, both sides have to meet the sideyard setback requirements. Mr. Burke said there is no hardship shown and suggested a negative recommendation. [Mr. Jenkins arrived at this time] Motion: To send the ZBA a negative recommendation because there is no hardship shown (Cook-Dolan) Five in favor. Jenkins abstained. PASSES r 7. Lennon Family LLC Subdivision Plans (Ware Street) to be signed Motion: To sign the plans (Annino-Dolan) All in favor. PASSES 8. Letter from Michael McClanahan withdrawing South Meadow Estates from the Annual Town Meeting warrant 9. Memo from John D' Agostino re: appointment of Nick Riccio as Building Inspector 10. ZBA decision - 14 Jennifer Drive Granted (Negative recommendation) 11. April Building Permit summary 11. Meeting notices North Attleboro, Plainville, Sharon 12. TransReport newsletter 13. The Beacon 14. New England Planning newsletter The clerk read the public hearing notice for a 611-space premium parking facility. Mr. French informed the applicant that the board has only six members and asked if they would like to continue. Mr. Montgomery said he would like to. Mr. Burke explained three votes would be necessary: whether there have been substantial changes; whether the board wants to hear the petition again; and whether the board wants to issue the special permit. r Richard Novak, Day Berry & Howard, explained the 611-space parking area is already constructed and would be converted into a premium parking area The special permit was denied in August 2002, when the board expressed concerns about traffic. Mr. Novack explained the statute allows a repetitive petition for the same relief if there are substantial changes in the facts. A traffic report done by Abend Associates has been attached to the application. (' Mr. Norman Abend, Abend Associates, 265 Winn Street, Burlington, explained that outside the site, nothing would change on the public way. There will be no change in seating capacity, beginning or ending times, the number of concerts, or the number of cars coming in and out. Internal changes will be made to the entrance to the lot; the entrance is 1,300 feet from South Main Street; it will be a one-way in and one-way out parking lot. There is a second entrance, which will be blocked with a cable and bollards and will not be used. Currently, 1/3 of the traffic comes from the south and 2/3 from 495. There are three inbound lanes, with the right lane devoted to limos and VIP cars, and which is a different lane than for this lot. Therefore, 2/3 of the cars will already be in the left hand lane and Mr. Abend said he assumed that 15% of the drivers will know they are headed into the VIP lot, so 75-80% of those cars will already be in the correct lane. Regarding safety, Mr. Abend said the cars would be traveling at low speeds in one direction, and he does not expect any more traffic issues than currently exist. At the far left of the main access road, there is a walkway used by patrons who parked elsewhere; they will have to cross the premium parking lot entrance. Tweeter will post staff to help those pedestrians cross safely. Mr. Armstrong asked how the exit works. Mr. Abend said cars would take a right out of the parking lot, then take a right to exit the site. The lot will be parked from back to front by parking attendants. (' Mr. French asked how the premium parking would be done; Mr. Montgomery said most premium parking passes would be pre-sold, but they would sell any extra spaces on show nights. Mr. Montgomery said there is a designated lane to exit the lot, but the cars would merge with the general traffic to the main entrance. Mr. Montgomery said the back exit would not be used and would be chained off. Mr. Annino asked about queing and tickets, and what it would do to the circulation. Mr. Abend said there would be an impact on queing, but there would be a control person at the entrance, and another person collecting the ticket or cash inside the lot. Mr. Annino said that would be confusing. Mr. Montgomery said currently, there are paid parking lots on Route 140 and the traffic does not back up. He said if there was an issue inside the site, they could collect the ticket or money as the cars are parked. Ifthe patrons changed their mind and didn't want to pay to park, they would be directed out into the general traffic flow. Mr. Dolan said he was concerned about illegal parking; Mr. Montgomery said they tow cars that park illegally or don't pay for parking. r Mr. Annino said he was concerned about pedestrian safety. Mr. Montgomery said there would be no change in pedestrian flow; the lot already exists. Mr. Annino said there will be a change because there will be queing within this new lot. Mr. Novack said changing this to a premium lot will not change that situation. Mr. Annino said something else will be happening in this lot, so there will be a change. Mr. Montgomery said every car coming into this site is directed to a specific space, which is (' how this lot was operated during the last season; the lot used the same entrance and exit configuration. Mr. Novack said Ptlm. Lawson had sent a memo expressing his reservations, and the Chief of Police also sent a memo disagreeing with Ptlm. Lawson. Mr. Dolan said Ptlm. Lawson deals with traffic issues daily; Mr. Montgomery said Ptlm. Lawson hasn't worked traffic at this facility in years. Mr. Dolan said this is an approved parking lot, already being used, and the only change will be the collection of money inside the lot. Mr. Novack said the standard in the bylaw is that the benefits have to outweigh the detriments, and he said he believes they carry that burden. He said the benefits will be in license fees, satisfying market demand, and increased employment. He said there had been some discussion about an increased burden on the ambulance service, which they do not believe is the case. He presented a letter from Mr. Montgomery agreeing to a $5,000 donation to the ambulance fund. Mr. French said the board would be willing to consider this donation. Mr. Novack said they believe they meet the benefits outweighing the detriments standard because the parking lot will operate in the same manner it currently does, will help to empty the site faster, and will not place additional burdens on town services. He said the proof of the traffic issues addresses the material and substantial changes question. r- Department Bead Comment Mr. Dolan read a statement from Mr. Armstrong indicating he has spoken with the Ethics Commission and has no conflict of interest. Mr. Dolan read a 1989 letter from Max Volterra explaining the repetitive petition process, as well as a letter from abutter Helen Bielen indicating her support. Mr. Dolan read memos from Mr. Lewis, Fire, Mr. Sullivan, Ptlm. Lawson, Chief O'Neill, and Mr. Burke. Public Comment Leonard Flynn, Natural Resources Trust, abutters to the Tweeter Center, said this is a pre-existing, non-conforming use, and he asked if it is appropriate for them to keep applying for special permits and variances to increase a non-conforming use. He said this plan doesn't seem to be a substantial change, as required by the repetitive petition. He said the special permit requires there be a benefit to the town, and said he sees this as a detriment, with the only benefit to the applicant. Mr. Flynn said this would increase the complexity of traffic movements and would definitely slow traffic down. He said the pedestrians going into the site would have to cross the entrance to the premium lot, which will be a safety issue. r Board Comment Mr. Annino asked about the lighting. Mr. Montgomery said they have 30-foot poles, which supply adequate lighting. Mr. Burke said the concern had been the effect on the abutting properties in Norton, and care was taken to prevent spillover to those properties. He said the lot is well lit. (' Mr. Burke said he had recommended the special permit be granted under the initial petition in 2002. He said the repetitive petition requires three votes, and said he thought the issues have been addressed. Mr. French said in the 2002 denial, the board felt the benefits did not outweigh the detriments, and there were concerns about traffic; at that time, there was no traffic study. Mr. French asked how many spaces the facility has; Mr. Montgomery said this lot has 611 spaces; in all, there are 7,300 spaces at Tweeter. He said they have enough parking for their purposes. Mr. French asked what would happen to the premium lot if only 200 cars park there. Mr. Montgomery said zoning requires one space per four patrons, and they have over one space for every three patrons. He explained only 124 of these 611 spaces are counted toward the required number of parking spaces. Mr. Dolan asked what the town would make for the new lot; Mr. Montgomery said the license is $50 plus $6 per space, which works out to about $3,600 a year. Mr. Flynn said the traffic outside the Tweeter Center has not been addressed; there are four parking lots within 1300 feet of the entrance, and traffic is already complicated. He said the applicant's story has been inconsistent because the parking was supposed to have been included in the ticket prices. r Mr. Novack said it is unlikely the premium spaces will be empty, but if they are, and they need additional parking spaces for a concert, they will use those spaces. Mr. Jenkins asked if other paid parking lots fill up; Mr. Montgomery said they usually do. Mr. Burke suggested voting first on whether the information presented addressed the reasons for denial with specific and material changes. He said this must be a super- majority vote. Mr. Jenkins asked whether that means a member could agree the information addresses the concerns, but could still be opposed to the concept. Mr. Burke said that would be up to each board member. Mr. Dolan said the last time the board heard this, the traffic report and the traffic consultant were not available. He said he felt the traffic issues have been addressed so as to result in a material and substantial change. Mr. Armstrong agreed. Motion: To find that there have been specific and material changes to the petition (Dolan-Armstrong) Cook - In favor. The traffic study has covered the outstanding questions. Jenkins - In favor. Additional information has been provided with the traffic study, the detailed explanation of money collection, a better understanding of the ingress and egress and how the site will work, and the fact that the lot was in operation and the traffic flow worked last season (' r Armstrong - In favor. With the new traffic information, as well as information about the lOOney collection and traffic flow, the board can make its decision based on facts,. Annino - Opposed. I was not at the initial hearing, but I don't see there has been a change, and in fact think the traffic study has brought up new questions. Dolan - In favor. The newly supplied information addresses the board's previous concerns. French - In favor. The traffic study provides additional information not given last time, so there has been a change to the petition. Five in favor. One opposed. PASSES Question Two is whether the board is willing to hear the petition again. Motion: To hear the petition again (Armstrong-Jenkins) All in favor. PASSES r Question Three is wheth~r the board is willing to grant the permit. Mr. Cook suggested filling the new lot from the proposed exit rather then the entrance, which would give traffic more time to get into the correct lane. Mr. Montgomery said the right lane is for limos, so general traffic has to use the two left lanes. Mr. Cook said he wanted to be sure the Police Department is aware of the board's ability to revoke the special permit. Motion: To grant the permit. The lot is already in operation and this will not change how it has already been functioning. The benefit is in the applicant's offer of a donation to the ambulance fund. The following conditions will be made part of the special permit: r 1. The lot shall be reviewed annually by the Police Department, and there shall be an ongoing analysis ofthe traffic flow and an annual report will be provided; 2. Money will be collected inside the lot as far back as feasible given the traffic flow and filling of lot. If queing becomes a problem, money will be collected after the cars have been parked; 3. A staff person will be stationed at the entrance to the premium parking lot to assist pedestrians crossing the entrance to that lot; 4. To the maximum feasible extent, premium parking tickets will be pre-sold; in the event there is a traffic queing problem or a report from the Police Department because of the premium parking lot cash handling operation, the board can revisit he special permit; 5. If traffic is being backed up by the premium lot cash collection, entry to the lot will be hahed; 6. The westerly most access to the lot will be the only exit; (Dolan-Armstrong) (' Cook - In favor. The benefits outweigh the detriments. Jenkins - In favor. The benefits outweigh the detriments and sufficient information regarding parking has been provided. Armstrong - In favor. The benefits outweigh the detriments, and the requirements of section 5.5.6 have been met. Annino - Opposed. I don't believe they have demonstrated that traffic problems will not exist, and there is a potential for queing problems and pedestrian movement problems. Dolan - In favor. The benefits outweigh the detriments. French - In favor. With the information in the traffic study and the conditions applied, the benefits outweigh detriments. Five in favor. One opposed. PASSES Motion: To close public hearing (Dolan-Annino) All in favor. PASSES r The clerk read the public hearing notice. Ralph Maloon, RIM Engineering, showed the conventional and cluster subdivision plans, which the board had seen as a preliminary plan. The cluster plan shows a roadway with a large cul-de-sac, wetlands at the rear of the site, and building envelopes shown. Based on the preliminary discussion, a common open space area with a school bus shelter and a path through the common area are shown; Mr. Maloon said the path would start on an easement over Lot 11. The envelopes will generally support 100 x 40 foot houses. The soil testing has been done; groundwater is high in this area, and the roadway and house areas will be are to be built up about three feet. The houses will be closer to the street and more trees will be saved in the back. The site is on gravity sewer, but the lots will be on grinder pumps. The land generally slopes north to south, with an area off site that sheds through the site and is picked up in a wetland pocket; during large storms it will overflow and continue downstream. Mr. Maloon said there will be catch basins to pick up the surface water, but not pavement water. The detention area has been kept as small as possible. The site is in the Canoe River ACEC, and the sewer extension triggers a MEP A filing, which requires all roof water to be placed in the ground. The existing trees will remain in the cul-de-sac island. There will be a large four-bay drainage structure, and a wall proposed around the detention area. A gravel road for maintenance will go through the island. r Department Head Comments r The clerk read a memo from Town Counsel Robert Mangiaratti indicating the applicant has the authority to file this application and advising the board the application should be processed. Randall Tatum, 385 Mill Street, said the applicant does not own the land or have a deed. He said he is the executor of the land and is currently in Suffolk Superior Court on this property. Mr. French said he understood this would be taken up in Land Court, but the board is bound by what town counsel advises. Mr. Burke said Mr. Mangiaratti's opinion is that the applicant has the right to move forward. He explained the board must hold a public hearing within a certain time frame after the plan has been submitted; failure of the board to take action will mean an automatic approval of this plan. Mr. Tatum said he has an approved right-of-way on this site. He said there may have been an abutter who was not notified; he said he would get Mr. Burke that party's name. Mr. Tatum presented a document indicating this property has not been recorded, which will be added to the file. Mr. Dolan read memos from the Fire Department, Mr. Gaffuey, Mr. Sullivan, and Electric. Mr. Maloon said he would go over Mr. Sullivan's comments with him. Mr. Maloon asked about the Water Department's comments, which requested the connection be made to Cedar Ridge Lane. Mr. Maloon said he had originally spoken with Mr. Gaffney about connecting through Mill Farm Estates, but he would rather loop the line on itself. r Public Comment Linda Cotreau, 10 Mill Farm Drive, asked about the water tie in. Mr. Maloon explained there would be a water main, which Mr. Gaffney has asked be tied into Cedar Ridge instead of Mill Farm Estates. Mr. Maloon said he would prefer to loop the road around itself. Mrs. Cotreau asked about the wildlife; Mr. Maloon said the cluster provides a lot of open space. She said the animals would eat their landscaping. Bob Haskitt, 6 Mill Farm Drive, asked how the woods would be effected by this plan. Mr. Maloon explained the plans show building envelopes, and directly behind Mr. Haskitt is a 60-foot no build zone, so any building would be 60 feet from the property line. He said what the homeowner does with the land is another question and some of that area may be cleared for lawns. fie said they have used no clear zones on other projects. Leonard Flynn, NRT, asked about the layout of the open space. He said he would rather see the open space all one piece. Mr. Maloon said there are three open space areas, one of which is leftover land and will house the bus shelter. He said that would remain with the homeowner's association. Mr. Maloon said the land inside the cul-de-sac is also open space; Mr. Flynn suggested that could be a house lot and one of the lots could be used as open space. Mr. Flynn asked about the strip running from Mill Street; Mr. Maloon said that cannot be connected to a lot, so it will be used as open space. Mr. Flynn said open space should be used for water recharge and wildlife, so the parcel should be as large as possible. He said the NRT had been approached about buying this land, but did not r because of the legal question. He said there is a large wetland on the plan that wasn't r part of the original land; Mr. Maloon said that is part of the Jameson land, which was purchased to increase the land area. Bob Dighton, Red Mill Realty Trust, said the Jameson parcel open space was a right-of- way out to Mill Street. Mr. Burke said the question of whether the land in the cul-de-sac could be counted as open space was a good one, and would check that. There have been other instances where trees were left in the island and it was used as a drainage area. Mr. Annino asked if there were any trails through this land; Mr. Flynn said they had no plans for trails yet. Mr. Tatum said he objected to trails through this property. Mr. Maloon said the trail goes from the subdivision property line to the NRT land. Board Comment Mr. Armstrong asked if hydrants had been located; Mr. Maloon said they had not been. Mr. Annino said the concrete and guard rail bus shelterl would not be an attractive feature at the entrance. Mr. Annino asked if sidewalks have been proposed; Mr. Maloon said they had not. Mr. Annino suggested sidewalks may be more important than trails, since the trails don't connect to anything. Mr. Annino asked about lighting; Mr. Maloon said he intended a colonial style lamp at the end of each driveway; Mr. Annino said that wouldn't work well, suggested there are alternate ways to do lighting, but suggested the r lighting not be left up to the homeowners. Mr. Burke asked if this would be a public or private way. Mr. Dighton said it would likely be a public way; Mr. Annino said in that case, the town's standards should be used. Mr. Dolan said he would have a problem with a 20-foot public way. Mr. Maloon said the plan was for 20 feet gutter to gutter. Mr. Dighton said they would look into whether this would be public or private more carefully. Mr. Dolan said if the applicant decides it will remain a private way, that should be in the deed. Mr. Tatum said if a roadway is built, it should be adequately sized. Mr. Annino asked about street trees; Mr. Maloon said they are shown on the plan. Mr. Annino said he was concerned about the cul-de-sac; he said he doesn't like the idea of a mulch bed, and didn't know how many trees could be saved if the retention basin were being built there. He said he didn't like the access road cutting through the cul-de-sac, or the concrete retaining wall around the basin, which could be a problem with maintenance as well as aesthetics. He said he would like to see something more natural. Mr. Jenkins said the entrance to the roadway could be adjusted, which would improve lot 1 and lot 11. Mr. Annino said he didn't see the point of trails that don't tie into anything, and he would rather see sidewalks and a safe way to get to Mill Street. Mr. Flynn said there is a plan for a green belt around the Canoe River, but the land acquisition hasn't been completed, so he would rather see this area left natural until the community develops a trail plan. r Mr. Maloon said he would take the trail ofIthe plan. (' Mr. Annino said he would like to see the houses on the abutting properties to see how this will affect them. Mr. Maloon said some of the houses on the abutting properties are shown on the drainage plan, but that he would include the rest. Mr. Annino said he would like to see a clearing limit line; Mr. Maloon suggested 30 feet. Mr. Annino asked about a sign; Mr. Dighton said they would prepare that for the scenic road public hearing. Mr. Annino suggested a stone walL Mr. Maloon said the existing stone wall would be moved from Mill Street to the inside of the new roadway. Mr. Dolan suggested the bus shelter could be removed. He said he was concerned about whether the road would be private or public, and suggested the applicant decide that question prior to the next meeting. Mr. Burke suggested the applicant check with the Police and Fire Departments about the street name issue, and asked if there would be any waiver requests. Mr. Maloon said there would be, but they may depend on the public vs. private decision. Mr. Burke suggested the waiver request be submitted as soon as possible. The scenic road public hearing is scheduled for May 28. Mr. Jenkins asked if the applicant would be building the homes. Mr. Dighton said his son would be the builder. Mr. Jenkins said one of his concerns with a cluster development is that the homes are very close together and if they were of a similar style, (" that would help create a neighborhood environment. He suggested addressing things like outbuildings, garages, setbacks and other items to help maintain the character of the development. Mr. Dighton said he would consider those items, as well as restrictive covenants. Mr. Tatum presented additional legal documents for the file. Mr. Burke suggested continuing the scenic road hearing and the public hearing, scheduled for May 28, because Mr. French will be away that night, and the board is already down to six members following Mr. Achille's election to the Board of Selectmen. Mr. Dighton said June 11 would be acceptable to him. Jocylen Infantino, 401 Mill Street, asked about the utility easement. Mr. Maloon explained it would be for water and sewer. Mrs. Infantino asked if the easement is on her side of the stone wall; Mr. Maloon said it was on the other side ofthat wall. Motion: To continue the public hearing to June 11,2003 at 8:15 p.m. (Dolan-Annino) All in favor. PASSES Mr. Burke told the board about the lack of action at Kybren Circle. He said he would like the board to ask the building inspector to take enforcement action, and to contact town r counsel about enforcement. r Motion: To send the developer a letter requesting a construction schedule within seven days, and to copy the building inspector. (Annino-Armstrong) All in favor. PASSES Mr. Burke reminded the board about the Hatheway-Patterson reuse meeting at 7:30 p.rn. on May 15, and about Town Meeting on May 20. Mr. Burke told the board about Bert Cook's retirement party on June 13 at the Taunton Holiday Inn. Mr. Annino suggested sending Mr. Cook a letter thanking him for his service. Mr. Dolan asked about the busses being parked in the lot next to RoJacks on Copeland Drive. The landowner had met several times with the building inspector, who explained what needed to be done under site plan, and which has not been done. The building inspector has issued a cease and desist order. Mr. Burke said there may not be a legal curb cut from that site. Motion: To adjourn at 11:15p.rn. (Cook-Dolan) All in favor. PASSES Date ext meeting: May 28, 2003 at 7:30 p.rn. -;)- 9 - 0 S Date of Approval r S r