HomeMy WebLinkAboutmin of planning brd 01/12/05
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Planning Board Minutes
r' January 12,2005 U5 FEB - 3 PH 3: 46
Present: Doug Annino, Acting Chair; Fred Armstrong, Clerk; WalterJenkiIls,.Ken
Torman, John DeMassi, Frank Holmes I' H ;" it:. L_ 0
Shaun P. Burke, Director ofPlannin and Develo ment 11/\.. S S /~, C j-i USE T T S
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Motion: To appoint Mr. Annino acting chair
~De~as~i-ArmstrOng)Allin favor.P ASSES
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1. November 17,2004 minutes
Motion: To approve as submitted (DeMassi-Holmes) All in favor. PASSES
2. December 1,2004 minutes
Motion: To approve as submitted (DeMassi-Holmes) All in favor. PASSES
3. December 16,2004 minutes
Motion: To approve as submitted (DeMassi-Holmes) All in favor. PASSES
Mr. DeMassi noted that at the end of the December 16 meeting, he had asked to have the
revised plans for the School Street project one week before the next meeting, which is
today. Mr. Burke said he has not received revised plans.
Mr. Annino asked that it be noted under "Present" that he arrived late for the December
16 meeting. The board discussed the fact that Mr. Annino had not missed any
presentation by the applicant, but only missed part of the discussion with the board's
traffic consultant. Mr. Burke said he has spoken with town counsel, who said because Mr.
r' Annino was late for that meeting, he will be unable to vote on the special permit;
however, he will be able to participate in the public hearing discussions. Mr. Mangiaratti
will be sending the board a letter with that opinion. Mr. Burke said this issue could be
cited as procedural defect in an appeal. Mr. Jenkins said it would be important for Mr.
Annino to be able to participate in the public hearings. Mr. Holmes asked what the
applicant's options are, with six members rather than seven. Mr. Burke explained they
can go forward with six members or withdraw the plan and refile.
Motion: To delay the January 19,2005 School Street public hearing to February 9 or
until the applicant supplies the board with plans one week before the meeting so staff can
review the plans well ahead of time. Request the applicant provide a full set of plans one
week before the meeting and request a change in the public hearing date and extension of
the final deadline. If the applicant does not agree to continue the publi'f hearing, the
board will hold the January 19 meeting as scheduled. (DeMassi-Armstrong)
Mr. Burke said the applicant would have to extend the date for final action as well as the
public hearing date, which he said would be in the applicant's best interest. Mr. Annino
said the board should have half-size copies of the final set of plans; Mr. Holmes said that
should include a one-sheet plan showing the whole site.
Four in favor. Annino abstained. PASSES
4. Form J Release from Covenant - Gourdin Estates (patriot's Way)
,- Motion: To sign the Form J Release (Armstrong-DeMassi) All in favor. PASSES
5. December 2004 building permit summary
r 6. ZBA decision - 390 West Street - Staples signs - Denied (negative recommendation)
7. ZBA decision - 112-114 School Street - Denied (negative recommendation)
8. ZBA decision - 161 Brown Avenue - Granted (positive recommendation)
9. ZBA decision - 211 Plain Street - Granted (negative recommendation)
10. ZBA decision - 120 Stearns Ave - Granted (negative recommendation)
11. ZBA decision - 258 Elm Street - Granted (negative recommendation)
12. ZBA decision - 20 Noonan Street - Granted (POsitive recommendation)
13. Meeting notices Attleboro, Easton, Foxboro, Canoe River Aquifer Advisory
Committee
14. New England Planning newsletter
15. The Beacon
16. Planning magazine
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Bob Rego, Prime Engineering, presented the revisions to the pIan following the last
meeting. A lighting pIan is included, with two pole-mounted, 30-foot high lights in the
parking area. He said the lights will light the parking lot and limit spillover.
Mr. Rego said the Old Colony Way entrance has been enlarged to 24 feet wide. He said
the parking has been revised to show 29 spaces and 4 subcompact spaces. He said where
possible, the size of the spaces has been increased. A van accessible handicapped space
was added.
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Mr. Rego said there are now two street trees in the front of the building, with the grate
area revised to 20 square feet. Mr. Rego said the trees will conform to the street tree list
in the Subdivision Regulations.
Mr. Rego said the dumpster is five cubic yards, which he believes can be emptied weekly
and be adequate for the site's needs. Mr. Crugnale said if it is necessary, it will be
emptied more often.
Mr. Rego said the sidewalks will be backed by mulch strips. Mr. DeMassi asked if the
mulch strips are necessary; Mr. Crugnale said he could add brick there instead.
Mr. Rego said more detail about the entrance had been requested, which has been
included on a detail sheet. Details have been provided for the concrete stops and the
parking spaces.
Mr. Rego said he has addressed the Engineering Department's comments and submitted
them today for review.
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Mr. Crugnale showed the board revised building sketches. These include a brick fa~ade,
bay window bump-outs, front entrance with a small lobby and mailboxes and an exterior
door for the elevator. He said he has spoken with the architect about ventilation for the
parking garage, who said the windows proposed would meet the code for adequate
ventilation. Mr. Jenkins asked if there should be a vent at the top of the parking garage to
r' allow any gasses to escape. Mr. Annino said the building inspector would decide
whether the ventilation is adequate.
Mr. Crugnale said additional lighting has been added to the exterior of the building.
Mr. DeMassi asked about the storage units in the parking garage; Mr. Crugnale said that
would be storage for the residents.
Mr. Annino said he likes the brick and the bay windows, but is concerned about the large
balcony openings. He said they may be too large for the scale of the building. He
suggested decorative arches or dormers and suggested Mr. Crugnale ask his architect to
look at that design. Mr. DeMassi suggested reducing the size of the balcony openings
without reducing the size ofthe balconies; Mr. Annino suggested a wing wall. He
suggested making the bay windows two feet wider so they are more in scale with the
balconies. Mr. Crugnale said he could do that.
Mr. Annino said he likes the colors of the proposed building. Mr. Crugnale said he
would like to make the white trim a cream color.
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Mr. DeMassi asked if it would be possible to take six units off the building and make it
smaller. Mr. Crugnale said the project wouldn't work, especially since he will have to
either make two units affordable or donate the difference in market value of the
affordable units to the Affordable Housing Trust Fund. Mr. Crugnale asked how the
"affordable" amounts are set. Mr. Burke suggested he get in touch with Joe Polcaro, who
is an affordable housing advocate and may be able to help determine the correct numbers.
Mr. Burke said he is pleased with the building's design, and said it should have a name.
Mr. Armstrong asked if the retail space would be large enough to be useful. Mr.
Crugnale said he thought it would be sufficient for a small use, like a coffee shop.
Mr. Holmes asked about the entrance to the site; Mr. Rego said that can be made 24 feet,
but he thinks 22 is wide enough for two cars to pass. Mr. Annino said it would be hard
for cars to get into the:first spaces, so wider would be better. Mr. Crugnale said his
architect has assured him it is wide enough at 22 feet, but said he would ask for it to be
made 24 feet wide. Mr. Crugnale said his architect assured him the columns would not
be in the way. Mr. Rego said he had spoken with the architect about the columns, who
said the beam gets larger as the columns get further apart, so there would be a concern
about the load that beam would carry.
Motion: To send the building inspector a positive recommendation with the board's
comments addressed; all department head comments addressed, specifically the Town
Engineer's comments fully and satisfactorily addressed. Exterior lights are to be metal
halide; encourage the applicant to revise the balcony and bay window size; advise the
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Building Inspector the applicant will have to either make two units affordable or donate
r the difference in the market value to the Affordable Housing Trust Fund.
(Jenkins-Armstrong) All in favor. PASSES
[Dr. Torrnan arrived at this time, 8:15 p.m.]
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[Mr. Holmes said he did the water quality report for this subdivision and left the table at
this time, 8: IS p.m.]
The clerk read the public hearing notice and Mr. Annino explained how the public
hearing would be conducted.
Ralph Maloon, RIM Engineering, explained the plan for six lots off Elm Street, north of
Oak Street and south of Elmwood Court, a conventional subdivision with a 50-foot wide,
curve linear road. There are wetland areas toward the back of the site. The houses will be
on septic; test holes have been dug and water was not found at 12 feet. The back of the
site is an old gravel pit with the groundwater recharge area in the gravel pit. The site is in
the water protection district, so groundwater recharge is preferred. The water main will
be looped, electric and telephone will be underground. The land is relatively flat and the
road will be cut a bit so the driveways will slope to the road. The drainage for all street
and driveways will be taken back to the retention area; roofwater will go into separate
.,--. leaching field areas and not be part of the drainage system.
Mr. Maloon said he is asking for two waivers; one to bring the sidewalk halfway around
the cul-de-sac, the other for sloping granite curbing rather than vertical.
Mr. Maloon said the site will have two-minute perc rates and be 10 feet over
groundwater. The only lot with any issues is the one with wetland areas, and he has
placed a note on the plan indicating it is a groundwater recharge area.
Department Head Comments
The clerk read memos from the Electric, Engineering, Police, Fire, Conservation and
Water Departments.
Board Comments
Dr. Torrnan asked the width of the roadway; Mr. Maloon said it is 24 feet. Mr. Burke
said the soils on this site can handle the storm water for a roadway ofthat width. Dr.
Torrnan said a narrower roadway would be more in keeping with other recent
developments. Mr. Burke said 24 feet is standard for a subdivision roadway, but the
board has seen 20 or 22 foot roadways.
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Dr. Torrnan asked how long the road is; Mr. Maloon said it is 650 feet to the center of the
cul-de-sac. Mr. Maloon said the inside radius of the cul-de-sac is approximately 82 feet,
enough for a fire truck.
(' Mr. Maloon said landscaping is proposed for the center of the cul-de-sac. Mr. Jenkins
asked who would maintain that; Mr. Maloon said when the road is accepted, it would
become the responsibility of the town. Mr. Burke said the town doesn't have the staff or
budget to Iandscape cul-de-sac islands and said typically the residents maintain the cuI-
de-sacs on subdivision roadways. Mr. Jenkins suggested a homeowner's association be
established to maintain the cul-de-sac.
Mr. Jenkins asked about the sidewalk material; Mr. MaIoon said it would be concrete.
Mr. Jenkins said he would prefer to see the sidewalk come almost all the way around
both sides of the street, at least to the last driveway. He said he thought the scale of the
development could handle sidewalk on both sides and he likes sloped granite curbing.
Mr. Jenkins asked about the gravel pit area Mr. Maloon said the top contour is at 138,
the bottom at 128. He said there would be groundwater recharge through this area. Mr.
Maloon showed the board a detail of the existing pit area, which he proposes to fill in
with clean material from the site and use it as a large leaching area. There will be an
emergency overflow to handle more than the l00-year storm. The area is 300 feet long
and 24 feet wide. The engineering department wants a safety factor of two on constant
and falling head tests, so Mr. Maloon said they tend to be oversized.
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Mr. DeMassi agreed the sidewalk should go all the way around and said he prefers sloped
granite curbing. He asked if the sidewalk will go right to the curb; Mr. Maloon said there
will be grass strip on both sides of the sidewalk, which is shown on the detail sheet.
There will be three feet of grass behind the sidewalk, a five-foot sidewalk, and five feet
less the width of the curb in front.
Mr. Armstrong agreed the sidewalk should go around both sides and said he preferred
sloped granite curbing.
Mr. DeMassi asked if there are sidewalks on Elm Street; Mr. Maloon said they are old
asphalt sidewalks and will be tied in Mr. Annino asked for a detail of the existing
sidewalk, how the handicapped ramp will be designed, and how the new sidewalk will tie
into the existing sidewalk.
Mr. Burke asked about the existing structure on Lot I. Mr. MaIoon said there are three
structures in that area, which will all be removed. Mr. Burke asked if there is any buffer
between that area and the abutter; Mr. Skene said there are pines in the area. Mr. Burke
asked how much clearing would be done for the removal of the structures. Mr. Burke
said he doesn't want the abutting home exposed to the new street.
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Mr. Burke asked about the old cars in the wetland area; Mr. Skene said there are no cars
in the wetIands, but anything that was out there has been removed. Mr. Burke said when
he was on the site about 15 years ago, he saw several old cars in the wetland areas. Mr.
Maloon said he did not observe any cars on this site and asked if they may have been on
an adjacent parcel. He said he would check the site again. Mr. Burke said he wouldn't
want all the trees and other vegetation to be removed when either the Structures or
r-- vehicles are removed.
Mr. Burke said he would prefer the sidewalk on both sides, all the way to the existing
sidewalk on Elm Street. He said he didn't see the benefit of sidewalk on one side only.
He said he understood the issue of sloped granite curbing being damaged by snowplows
and said it is more difficult to knock out vertical granite curbing; however, he said sloped
granite is more attractive.
Mr. DeMassi asked if there are any existing fences or other property boundaries. Mr.
Skene said there are railroad ties marking the comers of the property, but no fences. Mr.
Maloon said there are some stone walls on the site. Mr. DeMassi said he was concerned
about the abutters' privacy, which may be effected with the street construction. He said
he would be concerned about the removal of stone walls.
Mr. Annino said the abutting houses should be shown on the plans, as well as existing
vegetation and the existing sidewalks on Elm Street.
Mr. Annino asked about the cul-de-sac Iandscaping. Mr. Maloon explained the trees
were placed in the center with smaller shrubs placed around the edges to avoid the
landscaping impacting sight distance. Mr. Annino said the design doesn't make sense in
such a large area. He said the cul-de-sac could be an amenity for the subdivision with
some thought put into it. Mr. Jenkins said the mature vegetation could be kept and
r augmented with some smaller plants. Mr. Maloon said he is proposing to cut the area
three to four feet; he said he could provide a four-to-one slope and leave the existing
good material. Mr. Burke asked why the cut on the cul-de-sac is the deepest on the site;
Mr. Maloon said he has shown the grading along the gutter line and a 3 ~ foot cut.
Mr. DeMassi asked if there would be any signage on Elm Street; Mr. Maloon said he
would work on an entrance wall.
Mr. Annino said the street trees should be identified on the plan.
Mr. Annino asked about the heights shown on Sheet 4; Mr. Maloon said that is for the
grading of the cul-de-sac. He said he calculated the length of the curb to get the proper
slope for the low gutter line.
Mr. Annino asked about Elm Street drainage; Mr. Maloon said Elm Street has its own
drainage system. Mr. Maloon said no water would be taken from Elm Street with the
new curb cut, and no puddle will be created at the entrance. He said there will be enough
of a rise so as to not pick up any Elm Street water.
Mr. Annino asked for a detail of the concrete sidewalk. He said he doesn't like fiber
mesh for sidewalks and suggested wire mesh. Mr. Maloon said the fiber mesh comes out
of the Subdivision Regulations.
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Mr. Annino asked about the radii of the driveway openings; Mr. Maloon said the detail is
r- on Sheet 5, which shows 3 feet, 12 feet or 18 feet, depending on the location of the
driveway. Mr. Annino asked about the wheelchair ramp detail; that would only be used
if the sidewalk doesn't go all the way around the new street.
Public Comment
Don Arduino, 521 Elm Street, said his house is 19 feet from the edge of the proposed
road and insufficient buffer between his house and the proposed roadway. Mr. Arduino
asked how close this is to the town's well; Mr. Annino said the comer of the site is 2,500
feet from the well site, which is in the water protection zone. Mr. Burke explained the
Town Engineer mentioned this site is 10 feet above the water table, which will allow the
particulates to leach out before getting to the water table. He said any runoff from this
site wouldn't effect the well site. He said he would be more concerned about pesticides,
insecticides and fertilizers on the new lots, because the proposed lots are very large and
will likely have large lawns. Mr. Arduino asked when the road would be handed over to
the town; Mr. Burke explained it would have to go through one winter at binder, then
have a top coat the following fall, would be inspected prior to town meeting, and then
would be accepted at town meeting. He said that process could take two to three years,
and the developer would be responsible for the roadway in the interim. Mr. Burke
explained the town used to maintain the road if the developer signed a "hold harmless"
agreement, but that policy has changed and the town no longer maintains private roads.
Brenda Vincent, 504 Elm Street, asked exactly where the road would be coming out. Mr.
,.-. Maloon explained the road would run right through the house that burned down.
Mr. DeMassi asked if the road has to be placed so close to Mr. Arduino's property line.
Mr. Maloon said he designed the road to be as curve linear as possible. He said he could
look at pushing the road over a bit. Mr. Burke said showing the existing houses would
give the board a better sense of where the abutting houses are in relation to the
subdivision.
Mrs. Vincent suggested if the road curved toward where the dirt road is now, then curved
back again, it may avoid bothering any of the neighbors. Mr. Maloon said the road could
be pushed over to come out between the two houses across Elm Street without having
headlights shining into abutting windows and would provide more buffer for Mr.
Arduino. Mr. Jenkins suggested replanting some of the existing vegetation along both
abutting property lines. Mr. DeMassi said the signage could involve some vegetation.
Mr. Maloon said the closest the road is to Mr. Arduino's property is about 36 feet; he said
the road could be relocated to provide 70 feet. Mr. Arduino said he thought that would
be satisfactory.
Mr. Jenkins said he thought the board's preference to have the roadway be curvelinear is
secondary to the neighbor's concerns. The rest of the board agreed. Mr. Maloon said he
could take out the first curve. Mr. Burke said there should also be plantings along the
property lines, as well as behind the entrance wall.
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Mrs. Vincent said she though the sidewalk should extend the length of the street. She
( said she is concerned about trucks using the dirt road on this site and her driveway to turn
around. She said she is concerned about Elm Street being kept clean during construction
She said she is concerned about the cleanup of the site and about Mr. Skene maintaining
the street until it is accepted by the town.
Richard Canton, 525 Elm Street, said he agrees the sidewalk should run the length of the
new street and agrees with the sloped granite curbing. He said he is concerned about
buffering from this property.
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Doreen St. Don, 483 Elm Street, said she would be concerned about the use of pesticides
on the new lawns and about the clean up needed on the site prior to construction She
said there is a lot of debris on the site and asked how it would be disposed of. She also
asked how the well would be protected. Mr. Burke said the Board of Health regulates
application of pesticides and insecticides, as well as the disposal of some materials. He
said the disposal of materials would be monitored during the construction process as
much as possible. Mr. DeMassi said there is a bonding process to ensure the road will be
properly completed. Mr. Burke said a bond would not include site cleanup, but said the
subdivision decision could include conditions regarding things like the clean up of the
site and the application of pesticides. Mr. Burke said there was a subdivision on Ware
Street several years ago with a similar situation, and the cleanup of the site was
supervised by town staff. He said it is in the developer's best interest to clean the site
because it will make it hard to sell lots with debris on them. Mr. Annino asked if the
board could make an independent environmental review of the site a condition.
Mr. Arduino said there are 18-20 unregistered vehicles on the site. Mr. Skene said that
isn't true, and all that is left on the site is one truck, one car and three boats. Mr. Arduino
said he was concerned the developer would neglect the new roadway and the town would
wind up with a problem roadway.
Mr. Burke asked if Mr. Skene plans to be the developer or to sell the land; Mr. Skene said
that had not been decided. He said he intends to tear the existing house down and clean
up the Iand.
Mr. Annino said he was concerned about the landowner's ability to properly develop this
site.
Motion: To continue the public hearing to March 2, 2005 at 8:00 p.m.
(Armstrong-DeMassi) All in favor. PASSES
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The clerk read a request to continue the public hearing to January 26, 2005 at 8:30 p.rn.
Motion: To continue the public hearing to January 26, 2005 at 8:30 p.rn.
(Torman-Armstrong) All in favor. PASSES
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The clerk read a request to continue the public hearing to January 26, 2005 at 9:00 p.rn.
Motion: To continue the public hearing to January 26, 2005 at 9:00 p.m.
(Torman-Armstrong) Five in favor. Jenkins abstained. PASSES
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Dr. Torman told the board he has been reappointed for a five-year term.
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Motion: To adjourn at 10:00 p.m. (Torman-Armstong) All in favor. PASSES
Next meeting: Wednesday, January 19,2005 at 7:00 p.m., Room 2 a/b
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Date of Approval