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HomeMy WebLinkAboutmin of planning brd 02/18/04 f'"' Planning Board Minutes February 18, 2004 Present: Tom French, Chair; Bernie Dolan, Clerk; Doug Annino, Ken Torrnan, John DeMassi \1. M~.c"t. order.. 7;."18. Motion: To a int Mr. Annino Act" Chair olan-Torman All in favor. PASSES 2.Cem. denee 1. January 21, 2004 Minutes Motion: To approve as submitted (Torman-Dolan) All in favor. PASSES 2. February 11, 2004 Minutes Motion: To approve as submitted (Dolan- Torman) All in favor. PASSES [Mr. French arrived at this time] 3. February 3, 2004 letter from Jay Barrows, Orthodox Congregational Church re: rezoning of 15 West Street from R3 to B2/Citizens' Petition Motion: Send Mr. Barrows a letter thanking for informing the board of these plans and let him know we will schedule a public hearing (French-Dolan) All in favor. PASSES 4. January 22, 2004 letter from Gary McNaughton, McMahon Associates, re: intersection design for Erin's Centre Mr. Dolan said he was concerned about the poor lighting at Norfolk/140 Motion: To send sending Mr. McNaughton a letter with the board's concerns and suggesting the lighting be examined (French-Dolan) All in favor. PASSES 5. January 23, 2004 letter from Mr. Burke to Brian Leahy, Home Depot re: receipt of checks for Erin's Centre community benefIts package 6. January 30, 2004 memo from Richard Lewis re: receipt of donation for land acquisition as part of Erin' s Centre benefIts package 7. January 29,2004 memo from Mr. McCarter re: Planning Board request to appeal ZBA decision. Mr. Dolan said he was concerned about the letter saying the board should look at "loopholes" in the Zoning By-Law. Mr. French said the law has specific standards an application has to meet for a variance, and that isn't always considered. Mr. Annino said the way Mansfield is developing has to be considered before the ZBA sets precedents with variances. The board discussed trying to meet with the ZBA and the Board of Selectmen to discuss this issue. Mr. Dolan said he was concerned the ZBA changes things it takes the board months to work out. 8. January 28, 2004 memo from Mr. D' Agostino re: downtown revitalization initiatives 9. ZBA decision - 110 Gilbert Street - Denied 10. ZBA decision - 500 Fruit Street - Granted 11. January Building Permit Summary I2.Meeting notices Plainville, Sharon, Canoe River Aquifer Advisory Committee 13.New England Planning magazine I4.TransReport newsletter IS.Planning magazine I6.The Beacon (' 13. F.... A (ANR) Plans ,-- Mr. Demassi asked if the three lots shown under Option 2 would meet the frontage and area requirements; Mr. Ofcarcik said they would. Mr. French said the board could grant waivers based on the best interest of the town. Mr. French said he thought the dead end street would have to be measured ::from North Main Street because Webb Place is a dead end street, which would make the new street longer than 650 feet. Mr. Dolan said he was concerned about the turning radius. Mr. Annino said he wouldn't be comfortable changing the R3 to B2 where it abuts R2. Mr. Dolan said he was very concerned about the length of the dead-end street. The board said it would be willing to think about sidewalk and other minor waivers. Mr. Annino asked about the possibility of an easement through the abutting condominium development. 5. PreIi_iaary Subdivision PlaaR.eview- Green Tree Acres - Sh LoQ off Elm Street Ralph Maloon, RIM Engineering, presented a plan for six lots off Elm Street. He explained this had been part of a subdivision attached to neighboring property, which was denied by the Board of Health. There is an existing house at the front of the property, which was the site of a fire. r- Mr. Maloon said Mr. Lewis:s memo suggests a cluster development; he said he didn:t see any reason for a cluster because the site doesn't abut conservation land or wetlands. The owner does not want to do a compound. The lots are large ana i2-i4 feet over groundwater. Mr. Maloon said the wetlands eventually connect to the Wading River, but the site is upland from the river. Mr. MaIoon said the Engineering Department asked the detention basin to be relocated. IJepanment Head Lomments The clerk read comments from the Engineering, Electric and Conservation Departments. The board discussed whether a cluster special permit might be more of a benefit to the town, especially because the houses could be kept further from the well, which is about 1,400 west of the back propeny line. Mr. Demassi said he didn:t think a cluster would bring the houses more than 100 feet or so further from the well. Mr. Dolan said he thought Mr. Lewis was concerned about the wetland area as much as the well site. Mr. Annino asked if Lot 5 is a real lot; Mr. Maloon said it bas 200 feet of frontage along the new roadway, and it meets the lot width requirement. ".-- Mr. Ivialoon said he worked on making the roarlway curveiinear, but a straight roarl is the most efficient design. The board discussed shifting it down toward Lot 6; Mr. Maloon r Mr. Dan Clemmey said his engineer indicated a zero percent change on the impact to total green space. Mr. French asked what would be installed after the berm is removed, because the plan indicates three oaks and arbor vitae. He said that area would be cleaned off and regraded, with only three trees and a row of arbor vitae. Mr. Karl Clemmey said there would be lawn planted there. Mr. Dan Clemmey said the landscaping would be consistent throughout the site; there will be no bald spots. He said he didn't think it would be a problem to add more landscaping. The letter from Appledore Engineering indicates the gravel removal would have less than a 1 % impact on the total site and 0% impact on the total green space area. Mr. Annino asked for additional oaks; Mr. Clemmey said they could be planted. Mr. French asked where the additional plantings are to be added; Mr. Dan Clemmey said the three oaks would be planted where the berm exists now. These trees were not included on the originally approved plan. Mr. Annino said he wouldn't have a problem with the plan if additional trees are planted. Mr. Dolan asked if 5% of the area the board originally approved would be affected. Mr. Dan Clemmey said the letter from Appledore Engineering indicates it would not be. He said the land impacted is 5,000 square feet, which is less than 1% of the total site. ,-- Mr. French and Mr. Dolan agreed more trees should be planted. Mr. Annino suggested mixing in some Austrian pine to go with the oaks shown on the plan. Motion: To permit the existing berm to be altered, that area be regraded according to the plans submitted this evening, dated February 17, 2004, and to allow the planting to be done as per the revised landscaping plan dated January 28, 2004 with the addition of six Austrian pines, 8 feet high, planted among the three oaks shown on the plan. The fence is to be installed per the originally approved plan. The material to be removed is less than 1% of the total site area. The berm will be stabilized consistent with the rest of the site; topsoil and seed will be provided on all disturbed areas. (Annino-Dolan) All in favor. PASSES Mr. Dolan said he was concerned about the applications for variance applications for this site after all the time the board spent permitting this project. Mr. Karl Clemmey said he didn't own the land at the back of this site at the time this project was permitted. He said it is 200 feet from the back of the Jones property to the berm. I 6.. Diseassionaboat KarI.ClelDlDey's PnlposecJ z.1liDg Artides Mr. Karl Clemmey said he plans to put the Essex Street rezoning article on hold until he has a discussion with Judi Barrett of COG about senior citizen affordable housing. r- Mr. Clemmey said he would probably submit the fast food article, the auto service station, and the bulk material storage/sales in 13. Mr. French said he thought self-storage might be a good use in that zone, but read a memo :from Mr. Burke about establishing standards for this type of use, such as requiring permanent structures, fencing and r- said he wouid work on that, which wouid save a treed area on Lot i. Mr. Maioon said he would likely ask for waivers for pavement width waiver and sloped granite curbing. Motion: To approve the preliminary pian based on board and depanment head comments (Dolan-Torman) All in favor. PASSES f 7. Surpiu. IUateriai RelDovai .Rec.Ptest - EM" Centre Mr. Van clemmey presented a letter from Appiedore Engineering answering the Doard:s questions about the aheration of the berm and the removal ofthe excess material. Attached was a copy of the site pian and a copy of the contourigraciing pian with an engineer's stamp. Mr. Clemmey said the contour lines show a five-foot difference where the fiii wiii be removed, from i 70 to i 7is at the high point. Mr. Ciemmey presented an aerial photograph showing the berm behind the site adjacent to South Walnut Street, which is i6 teet high, 5u feet wide, with a fence and shrubs. The shrubs and fence wiil remain on the north side of Home Depot, but the gravel will be removed. Mr. Ciemmey said the plan shows the 5u-foot buirer zone does not change in width, any trees removed will be replaced with other plantings abutting the residential area. ,-- Mr. french asked if the grades from 64 to 69- 7u wiii be flattened out; Mr. Ciemmey said they would and be blended into the new berm. Mr. Clemmey said the existing wetland would not be touched, and they would stay outside the 25-foot no touch zone. Mr. Demassi asked what the value of removing the berm would be. Mr. Clemmey said the common area landscaping doesn't look good and will be difficult to maintain. Mr. Karl Clemmey said they now own the parcei of land behind the site. He said the irrigation system cost $150,000-$200,000 and with the berm, it would be impossible to get the irrigation system to that iandscaping. Mr. Demassi said if the berm is lowered, it would make the trucks in back of the building visible and audible to the neighbors. Mr. Clemmey said he owns severai of the houses in the back of the site, and he has buiit a new berm for the benefit of the neighbors. Mr. Annino asked where the excess material would go; Mr. Karl Clemmey said it would be used on site. Mr. Dan Ciemmey said the truck traffic route is one-way from West Street behind Shaw's and out to Norfolk Street. He said the Home Depot trucks use a turnaround at the front of the store. ~ Mr. Kari Ciemmey said they pian to straighten out the roadway in back of the Shaw's/Staple buildings to make it easier for trucks to access the buildings. It will remain one-way trafrlc, with the berm behind the roadway. Mr. French asked if the excess material will bring the site to elevation 170 and whether the approved landscaping would be installed on top; Mr. Ciemmey said that wouid be the case. Mr. Dan Ciemmey said the landscaping would remain as required by the Zoning By-Law. ~ iandscaping. Mr. Dolan said he would be in favor of the use by right in 13 with the appropriate standards established. Mr. Ciemmey asked the board's opinion about rezoning of the iand on West Street behind Shaw's. He said he has been contacted by a restaurant about that site. Mr. Dolan suggested the whole area be rezoned, rather than one parcel at a time. He said he was concerned about the value of the neighboring residential properties as the commercial development increases. Mr. Clemmey said the property values of the South w.ainut Street houses have actually increased. Mr. Annino said he wouldn't agree with rezoning that neighborhood piecemeal. He said it would make sense to rezone the whole area. Mr. Annino said he wouldn't support rezoning the lot across West Street from the entrance to Shaw's. Mr. Annino asKea aoout the proposal on Copeiana Unve. Mr. Ciemmey said he would like to allow a gas station in B3, next to Benny's. Mr. French said he was concerned about a gas station use adjacent to a residential neighborhood. Mr. Clemmey said he could put a car wash or a bank on the site. Mr. Karl Ciemmey said he has a meeting scheduled with Mass Highway about building a slip ramp from Route 495. r- I 8. Around the Table Selectmen MacCaffrie and McCarter joined the board. Mr. MacCaffrie told the board the Housing Task Force would meet on February 19 to discuss the draft affordable housing pian. He said the draft pian is a good one and win help guide the town over the next 10 years. He asked the board to look at inclusionary zoning for Annual Town Meeting. Mr. Dolan told the selectmen he was disappointed about not being allowed to appeal the ZBA's decision on Erin's Centre. Mr. McCarter suggested the board add conditions to its special permits to prohibit another board to change its decision. Mr. Annino said he was concerned about the magnitude of the variances that have been granted after the Planning Board spends months permitting projects. Mr. MacCaffrie asked if anyone from the board goes to the ZBA meetings to explain its recommendations. The board discussed doing that on significant issues. Mr. Annino said it wiii be difficult to teii other developers they need a landscaped buffer because the precedent has been set with this. Dr. T orman said the downtown business owners wiii visit the Board or Selectmen on February 25 to discuss parking issues. The Planning Board has been invited. ,--- I'. AdjournlDeat Motion: To adjourn at H:uupm (Torman-Dolan) All in favor. PASSES Date of next meeting: March 3,2004, 7:30 p.rn. ~~, 1 D~ --3. -c< -- () Li Signature ofCi&i( , Date of Approval