Loading...
HomeMy WebLinkAboutmin of planning brd 03/03/04 r Planning Board Minntes March 3, 2004 Present: Tom French, Chair; Bernie Dolan, Clerk; Doug Annino, Ken Torman, John DeMassi, Fred Armstrong, Walter Jenkins Shaun P. Burke, Director ofP . and Develo ment t. ,..~ti"""'i""':.& r- 12.~ 1. February 18, 2004 Minutes Motion: To approve as submitted (Tonnan-Annino) Five in favor. Jenkins, Armstrong abstained. PASSES 2. ZBA application for Variance - 19 Elmwood Court - 4.2.1, sideyard setback from 25 feet to 17 feet for a garage addition. Mr. Burke said he didn't believe there is a hardship shown; he said the application speaks to the shape of the lot, but the plan shows it as a rectangular. He suggested a negative recommendation be sent to the Zoning Board of Appeals. Mr. Annino suggested offsetting the garage and putting it next to the deck. He said the plan is inadequate to give the board an idea of the character of the neighborhood and what effect this would have. Mr. Dolan read the application, which says the applicant's neighbors ~ not opposed to the addition; he said that may not be the case in the future when the house is sold. Mr. Annino said these things could change the character of the neighborhood. Mr. Demassi suggested asking the ZBA to request additional information. Motion: To send the ZBA a negative recommendation because no hardship is evident and the application appears to derogate :from the intent of the ZBL. The board does not feel the application includes sufficient information to determine the character of the neighborhood and the effect this could have. (Tonnan-Armstrong) All in favor. PASSES 3. ZBA application for Variance - 274 Fruit Street - Lot width. A Form A was done to create the lots in 1987 and have been held in common ownership; and the lot width definition was adopted in 1989. The second lot does not conform to the current lot width definition, but has adequate area and frontage. If the lot had been conveyed to another owner prior to the 1989 zoning change, it would still be a buildable lot under the prior by-law. The applicant would like to convey the lot to one of his children. Mr. Burke noted the lot width is not shown on the plan. Motion: To send the ZBA a positive recommendation (Dolan-Armstrong) Dr. Tonnan said he knows of other lots in town in a similar situation and asked if this would set a precedent. Mr. Jenkins said the lot conforms in every way except that it wasn't put into separate ownership. Six in favor. Annino abstained. PASSES 4. February 25, 2004 letter from Karl Clemmey regarding the surplus material removal recommendation on Erin's Centre ~ r- Mr. Clemmey's letter asked that the condition about the material not being taken off site and the condition regarding the Conservation Commission issues both be removed. Mr. Dan Clemmey said the amount of material is 1,700 square feet and said Mr. Karl Clemmey had said as much as possible would be used on site, but that some would have to be removed. Mr. Clemmey asked about the Conservation Commission condition, which was not included in the motion. Mr. Burke explained the commission has an outstanding Order of Conditions and had been concerned about the proximity of work to the wetlands, and Mr. Burke wanted the Building Inspector to be aware of that concern. Mr. Clemmey asked about work outside the buffer zone; Mr. French said if it isn't a jurisdictional area, the work can be done prior to addressing the Conservation Commission's concerns. Mr. Dolan said material such as stumps and brush always has to be removed from sites under construction. Mr. Burke said that sort of material isn't typically considered surplus; surplus material is usually gravel. Mr. Clemmey said he wasn't certain how much material would have to be removed from the site, but said it wouldn't be in excess of the amount of the berm, which his 1,700 cubic yards. Mr. French suggested the applicant return when he knows the definitive amount. Mr. Burke suggested the applicant come back when the material is ready to be removed with the amount to be taken from the site. Mr. Dolan agreed. r- Mr. Annino agreed, and said the board would just like to know how much remains after the site work is done. Mr. Clemmey said if that is the board's direction, he would do it. 5. ZBA decision - 19 Monahan Lane - Granted 6. Building Permit Summary - January 7. Meeting notices Foxboro, North Attleboro, Canoe River Aquifer Advisory Committee, ITPG 8. Planning magazine ! ~...I:~..I(-""'" Draper Avenue. There are currently two houses on one lot, with the application to divide the lot into two. The board saw this plan at its last meeting, and it was not endorsed by a majority of the board. The applicant took the mylar with three signatures to try to have it recorded, and we have not heard back from him. Mr. Burke explained the law provides for the division of one lot with two structures constructed prior to the adoption of zoning. He said the Assessor's records show these houses have existed on this lot since 1900. He said the board has previously endorsed a few plans like this, which do not have to conform to frontage and area. ~ r- Mr. French said since the engineer has taken the mylar and not requested any action from the board, the board shouldn't reconsider the plan at this time. [Mr. Armstrong left at this time to attend the Board of Selectmen's meeting] Motion: To continue the public hearing until Mr. Armstrong returns (DoIan-Tonnan) All in favor. PASSES 1.61'......4.'1'.... Mr. Jenkins asked about the new Guerrini Landscaping building on East Street. Mr. Burke said that site has an agricultural exemption and is not subject to site plan review. Mr. Jenkins asked about the No Left Turn sign from the CVS parking lot onto Chauncy Street. He said the sign was installed, but is now gone. Mr. Burke said that was a site plan use, but the Road Commissioners would have been able to take the sign down. He suggested sending the Road Commissioners a letter asking if they had done that, and sending the Building Inspector a letter advising him of the situation. ~ Mr. Jenkins asked about the reconfigured intersection of Pratt Street and Route 106 and the No Left Turn sign from the Caldwell Banker building. Mr. Burke said the site plan was done before the intersection was redesigned. He suggested Caldwell Banker send the Building Inspector a letter requesting their office not be responsible for maintaining the No Left Turn sign. Mr. Dolan asked if the board wanted to discuss amending the special permit regulations, as has been suggested by the Board of Selectmen. Mr. Burke suggested simply adding a condition to special permits saying any changes will require a modification to the special permit. He said he didn't think a Zoning By-Law amendment would be necessary. Mr. Burke said Town Meeting has been set for May 18. The Board of Selectmen would like an inc1usionary zoning by-law for affordable housing. One citizens' petition has been submitted to rezone 15 West Street, the Congregational parsonage, from R3 to B2. Mr. Burke said the board may want to submit some ofthe downtown items, like requiring retail on the first floor; requiring parking for commercial on the first floor at some number other than the current requirement; and a sliding scale for residential in the B 1 zone at 1 per bedroom rather than 2 per unit. 4. SpedaI.......... ...... . -~p 1.....- 55 ad 0.._ Dev. . . East Street-. TI'tIIt Mr. Armstrong returned to the meeting at this time. Mr. French thanked the audience for its patience. Mr. Dolan read the public hearing notice. Mr. French explained the public hearing process. r- r- Robert Devin, attorney for the applicant, reminded the board he had visited about a year ago with a conceptual plan. Since then, he has met with staff and other town boards. He said this plan is less dense than it could be and has more open space than required. Bill Brown, applicant, submitted handouts for the board to look at during the presentation. David Johnson, PMP Engineering, explained there were a number of design considerations; the first was the Zoning By-Law. He said the minimum required land area for 55 and Over developments is 10 acres; they have 17.1 acres. Of that, 10 acres is upland. He said at 10 units per upland acre, they could have done 100 units, but they are proposing 91. Parking is required at two spaces per unit; they meet that requirement with an additional 16 guest spaces. The sideyard setback is 40.8 feet at its closest point, the rear yard setback is 43 feet at its closest point. Mr. Johnson said the buildings are less than the maximum 40 feet. He said 20% of the site can be covered by building; they are at 12 percent. He said 35% minimum open space is required; they are at 59<<>>,10. Mr. Johnson said the roadway coverage is 29 percent. Mr. Johnson said the second design consideration was where to intersect with East Street. The entrance was pushed as far from the intersection to the east as possible to provide the maximum sight distance and queuing space. He said they wanted a strong pedestrian component within the site and to the commercial businesses across the street. The pedestrian circulation system is behind the units so residents can enjoy more of the site's open space without walking near the traveled way. ~ Mr. Johnson said the Conservation Commission has asked them to consider creating some walking paths in the open space. He said they are looking at that alternative. The wetland and riverfront areas come under the Wetlands Protection Act and the local wetland bylaw; he said there is no activity proposed in the riverfront area, the bordering vegetative wetland, or within the 25-foot no touch zone. They are proposing some work within the 25-50 foot buffer area, which has already been ahered. Mr. Johnson said there ware stormwater management considerations. The proposal is to collect water in a surface basin at the rear of the property, discharge roofrunoff subsurface, and they will meet stormwater management regulations. He said there are issues with existing abutting land uses; the dance studio has part of its access drive across this property. The applicant has met with that owner, and with the owner of the veterinarian and kennel to work out ways to minimize the impacts of this development on those properties and to mitigate the noise from the kennel and dance studio on the new residents. He said the new earthen berm will be planted and have a sound wall constructed on it. Mr. Johnson said there are architecturaI design considerations, including a gazebo with benches and a gathering area at the mail kiosk. David O'Sullivan, O'Sullivan Architects, explained they looked at making sure the units ,,- meet the market intended. The product has been designed to meet the needs of 55 and ,--. over residents. There is one basic building type, each with seven units, all with two bedrooms and two bathrooms. Each will have a private entrance, its own outdoor space and own attached garage. The buildings will have two stories and be slab on grade because of water table and drainage issues. The fa~ades will be broken up with a series of gables, porches and roofs to create distinctive entries for each unit. Buildings will have clapboard exteriors with asphalt shingles. The first floors will have three units and be wheelchair accessible, the second floors will have four units with garages and entries on the first floors. The units will be between 1,200-1,700 square feet and the second floor units will have balconies. Each unit will have all required means of egress and fire sprinklers. They have met with the fire department to review those issues and have worked out hydrant locations and sprinkler issues, and the buildings will be tied into the frre department for alarms. The mail kiosk will be a small indoor room with space to gather and a space behind for the mailman to deliver the mail. There will be a small area with two parking spaces in the front of the building, and the walking path will go to the mail area. The buildings have been kept as far away as possible from the abutting properties. ~ Bill Carlson, Carlson Consulting Associates, traffic engineer, explained the Traffic Impact Assessment, which he said was done one year ago. The board members asked for a copy of that document. The study was done for the intersection of East and Franklin Streets, and at the proposed driveway and East Steeet. He said the existing intersection functions at a level C in the morning, and a level F in the afternoon. He used the ITE trip generation rates for elderly housing, and has also done his own counts on 55 and over communities. He said the rates he developed have resulted in double the ITE rates. He said the lTE's morning peak was .2 trips; his rate 3.3. ITE afternoon peak is 2.3; his rate is 4.1. He generated the trips based on 100 units, and in the morning peak got 38 vehicle trips; the afternoon peak was 25 trips. VHB has recommended intersection improvements, and with that study and his vehicle trip numbers, Mr. Carlson said his numbers will add one vehicle trip per light cycle. He said morning and afternoon peak hours will be at level C. He looked at Police Department accident and crash levels and said this intersection has about half the incidents as the average intersection in Massachusetts. He said sight distances are not an issue in either direction. With the proposed intersection improvements and this project, Mr. Carlson said traffic flow will improve at the intersection. Mr. French asked what the morning and afternoon peak vehicle trips would be; Mr. Carlson said in the morning peak, total trips would be 38; afternoon peak total would be 41. Mr. Carlson said travel during the peak hours is spread out over several hours. Attorney Devin presented draft condominium documents. ,-- ~ Department Head Comments Mr. Dolan read a memo :from Mr. Gaffuey. Mr. Johnson said he has submitted the water report on February 3 and is under review by the Water Department. Mr. Dolan read a February 3, 2004 memo from Mr. Field saying his original comments have not been addressed. Mr. Johnson said they are working on addressing those comments and incorporating them into the plans; he said he hoped to get the board's comments from this meeting and incorporate those as well. Mr. Dolan read a memo from Lt. Towne saying there isn't enough detail on the plan; he is concerned about hydrants, sprinklers and access to the back of the buildings. Mr. Johnson said they have met with the fire department on these issues. Mr. French said the fire department usually wants to have access to the backs of all the buildings. Mr. O'Sullivan said they discussed the fact the buildings would be sprinkled with the fire department. Mr. French suggested they talk to Lt. Towne about his comment regarding access to the backs of the buildings. Mr. Dolan read a memo :from the Electric Department requiring the applicant meet with the Electric Department on a variety of issues. ,.-- Mr. Dolan read a memo from Mr. Burke. Mr. Johnson said everything not built on or paved will be permanent open space. There will be a berm installed to cut down on the effects of noise :from the abutting kennel and vet. Mr. Annino said he would like to see a detail of that on the plans. Mr. Johnson said there is a note on the plan; Mr. Annino said a detail will be needed. Mr. Dolan asked if the buildings would be 2x6 construction, because it would be more sound-proof; Mr. O'Sullivan said they hadn't considered that. Mr. Brown said that wasn't a concern oftheir sound engineer. Mr. Demassi asked if the berm would be high enough to help the second floor residents; Mr. Johnson said it would be. Mr. Johnson said the entrance sign would be externally illuminated and there will be lights throughout the property. Mr. Annino asked for a footcandle analysis. The pedestrian paths and the driveway will be composed of different materials. Mr. Dolan said he was concerned two parking spaces in front of the mail kiosk would not be enough for the number of units. Mr. Dolan read a memo from Mr. Lewis. A Notice ofIntent has been filed and a 25-foot no disturb zone will be required. Mr. Lewis said it appeared the northeast corner would shed water onto adjacent properties and should be addressed. He suggested one fewer building and pedestrian paths in the open space. Mr. Dolan read a memo from Patrolman Lawson with several traffic safety concerns, including sight distance. He does not recommend a pedestrian walkway across East Street. He is concerned about the driveway widths being too narrow. There are no handicapped parking spaces for visitors; Mr. Johnson said each unit has one space in the garage and one in the driveway. Mr. Johnson said trash would be stored in the units and picked up curbside by a private company. ,- ~ Mr. Dolan read a memo from the Engineering Department. He said the applicant would have to address every one of the comments; Mr. Johnson said they are fully prepared to do that. Pubtic Comment Randy Wilhock, 601 East Street, said she maintains an active dog kennel and is concerned about complaints from the new development. She said she was concerned about the traffic on East Street. Tracy Pisani, daughter-in-law of abutter Antoinnette Cardinalle, asked what would be done to protect her property. She said she was concerned about residents of the new development using her property, which could be a liability. Mr. Dolan said that would be a trespass issue, which would come with any development. Mrs. Pisani said the problem could be solved with a fence. Mr. French said most of the property appears to be wetlands; Mrs. Pisani said they are. Mrs. Pisani said she is also concerned about traffic. ,'-- Bob Barry, Tanya Drive, said the plan doesn't detail the other side of East Street, and said the traffic study called Lawndale Drive a driveway. He said there are several roads and many homes in that area. Mr. Carlson said the existing houses are included in the traffic study, using current counts. Mr. Burke said the question seems to be what the impact would be on the intersection of East Street and Lawndale Road. Mr. French asked for an aerial photograph at the next meeting showing the surrounding roadways and properties. Mr. Johnson said the curb cuts to the shopping plaza across the street are shown on the plan. Mr. French suggested getting a GIS aerial photo of the area. Mr. Burke asked the distance from the centerline of Lawn dale to the centerline of the new driveway; Mr. Johnson said it would be approximately 300-325 feet. Mr. Barry said he thought it would be 100 feet. Mr. Burke asked for that distance to be defined. Mr. Burke asked about the impact on Lawndale; Mr. Carlson said it would be a minimal impact, if any, with about 10 cars an hour going in that direction. He said he didn't do traffic counts at that street. Mr. Barry asked if there was a proposal to change the width of East Street; Mr. Carlson said they aren't proposing to widen the street. Mr. Burke said there had been a proposal to widen East Street from this intersection and he will get that information for the next meeting. Mr. Nolan, 625 East Street, said East Street will be widened at the intersection; there have already been land takings. ~ Don Coming, 661 East Street, said he was concerned about the distance from the new driveway to his. Mr. Johnson said the sideline of their driveway to the sideline of his is about 35 feet, and from the lot line it will be 20 feet. Mr. Johnson said he would double- check that distance in the field. Mr. Coming said his pool is very low and is concerned about runoff from the new development. Mr. Johnson said a swale will be constructed along the property line to pick up water and take it to the rear of the site; the area will be landscaped to create a buffer between the driveway and the property. Mr. Coming asked about the distance between his pool and the property line; Mr. Johnson said it was about 20 feet. Mr. Coming said he was very concerned about traffic. Mr. French asked where the water goes after it leaves the swale; Mr. Johnson said it flows overland from the rear of the property, to the lower corner of the site. He said the 141 contour directs the water ,-- to the street drainage. and a portion continues toward the rear to the east side of the walkway at 136, 137, 138 and 139 contours. Mr. French said they may want to consider directing it to the back of the site. Michael Perrauh, PMP, said they were asked to control the drainage on site and not send drainage off site, and to not dry up the wetlands. He said the water from the roadway would be sent to the detention basin for treatment. The rear of the structures and lawn areas will drain toward the wetlands. He said the water will stay on the property, and the system will pick up any water entering the site from abutting properties. ~ Attorney Gary Lilienthal, representing Dr. and Mrs. Sohn, said his clients have operated the animal hospital and kennel for many years. He said the developer has been communicative and he believes they have worked out an agreement to ensure they will be good neighbors. He said there is a document addressing easement, the sound berm and sound fence. One of the his clients' major concerns is that in return for the easement, sound berm and fence, they have arranged for a covenant to have the condo owners and homeowners recognize the vet and kennel are next door, as well as an agreement there would be no effort to cause the vet and kennel to cease operation. Attorney Devin said they have agreed to that. Attorney Lilienthal said his clients have no objections to the development provided these things are addressed. Mr. Demassi asked ifthere are concerns about the new residents creating problems for the kennel. Attorney Lilienthal said his clients believe the traffic noise will be much louder than anything created by either the dogs or the new residents; he said there has been a construction facility on this site for years. Attorney Devin said the berm and sound fence will work on both sides, and will help shield one from the other. Edward Guppy, 575 East Street, said this is a watershed providing water for six communities in this area and he believes there would have to be runoff into this area. He said traffic on East Street has been very heavy for many years, and speed is a factor, and will likely increase following any widening. Mr. French said the drainage system includes structures to take care of sediment and other runoff; he said the Town Engineer would review the plan to ensure storm water guidelines are met. Leonard Flynn, 102 Jewell Street and member of the Canoe River Aquifer Advisory committee, said the town has been trying to create a green belt around the Canoe River. He said he was glad to see the open space abutting the river, and asked who would own that open space; he recommended it be deeded to the Conservation Commission. Attorney Devin said it would be owned by the homeowner's association because of concerns about losing the required percentage of open space. Mr. Brown said the Board of Selectmen told him they are not interested in the land. ~ Jim Glaropolous, Bristol Plaza, said he thought the project would be an improvement to the area. He said there would be additional traffic, and was concerned about people leaving this driveway and cutting across East Street to get to the plaza. He asked about the possibility ofa second light. He asked about stacking at the existing light; Mr. Carlson said he didn't think the traffic numbers would warrant a second light. Mr. ,..-- Glaropolous asked about installing the lighting equipment underground for a future connection. Board Comment Dr. Tonnan asked the length of the driveway. Mr. Perrault said it is about 1,000 feet. Dr. Tonnan said he is uncomfortable without a second access to the site and no access by the Fire Department to all sides of the buildings. Mr. Burke said the emergency gate on the plan provides a second means of access to the site, but not to the rear of the site. Mr. Brown said he would look at that issue. Mr. Jenkins said this is a very dense site, whether it meets the density requirements or not. He said he is concerned about the density on this particular site and the fact that the project is a special permit. He said the last time the applicant came in, he had been concerned about the buildings being very close together and all looking the same. He said the closer the buildings are, the more different they should be. Mr. Jenkins said the traffic situation is a serious one, and the biggest issue is going to be the residents coming in and out. He said he agreed the amount of traffic this would add to East Street would be minimal, but was concerned about residents getting in and out of their properties. ,..-- Mr. Jenkins said there will be a lot of wetland issues; he said he was uncomfortable with the amount of work within 100 feet of the wetlands. He thanked the developer for working with the abutting landowners and reminded the applicant the test for the grant of a special permit has to be that the project is a benefit to the town rather than a detriment. Mr. Architect said they typically don't make the buildings the same color, and have talked about different elevations and treatments on the buildings. Mr. Armstrong seconded Dr. Tonnan's and Mr. Jenkins' concerns, particularly the density and wetland issues. ,..-- Mr. Annino agreed with Mr. Jenkins regarding the building facades. He said colors, materials, elevations, etc. of the buildings, gazebo, pump house and mail kiosk need to be spelled out on the plans. He said he thought the mail kiosk area could be made much nicer. He asked to look at views from the property of the neighbor with the low-lying pool into the new driveway. He said the plantings should be larger and the landscaping details of the garden areas should be detailed, with quantities and types ofplantings. He said the notes that say ''to be determined" have to be spelled out and placed on the plan. He said he was concerned about the sound fence and asked for details of how it will look. He said the abutters must be adequately screened. The applicant should show telephone, electric, water and transformer locations, details of the front entrance stone wall, proof that handicapped parking spaces aren't required, check angles on parallel parking spaces on the street, show building and site lighting with footcandles, show width of entrance of Drive A from East Street, details of the amount of pavement around Buildings 1 and 2, irrigation system for landscaping, phasing plan, show sections of the plan, provide details .'--- of exterior stairs, gates and fences, retaining walls, emergency access, easements fur grading outside property limits, detail roadway connections, walkway widths and pavement materials, building heights, consider donating open space to Conservation Commission. Mr. Dolan said he was concerned about the Engineering Department's comments being addressed. He was concerned there aren't enough parking spaces at the mail kiosk, and agreed the open space should go to Conservation Commission, which would be a benefit of the project. Mr. Demassi said he was concerned the open space be donated to the Conservation Commission. He said the site is very dense and the roadways are very narrow. He was concerned about emergency access to the back of the buildings and access to the back of the site with only one access off East Street. Mr. Burke said the abutters' questions should be addressed, including intersection offset between the driveway and Lawndale; the effect of development on the wetland areas and watershed and ACEC area (fertilizer application, snow removal, etc.) Mr. Perrault said a privately owned development like this doesn't normally use highway-type salt. ,--- Mr. Perrault said the conservation commission asked to have the buildings staked out, which has been done. He said Building 6 is in the buffer, but that is a previously disturbed area. He said the work being done in the buffer is restoration work. Mr. Jenkins asked if there is an existing vegetation plan; Mr. Perrault said there is an existing conditions layer on the topography sheet. Mr. Annino asked for soil borings; Mr. Perrault said test pits and a 21E have been done on the site. Mr. Annino asked for copies of that document. Motion: To continue ~he public hearing to April 21, 2004 at 8:00 p.rn. (Torman-Annino) All in favor. PASSES Mr. French explained the abutters would not receive additional notice of the continued public hearing. I....~,_...*',...... Mr. Burke said he met with Mr. Annino and Beth Dahlstrom today about downtown- related issues. He said the next downtown workshop should move on from parking and traffic issues. ,--- '.'7.. ~cI.t........t. Motion: To adjourn at 11:00 pm (Torman-Dolan) All in favor. PASSES Date of next meeting: March 31,2004, 7:30 p.rn. ~ . ~CAU, gnature ofCleV -- ;j ~) '-;;I r--;) L) Date of Approval