HomeMy WebLinkAboutmin of planning brd 02/02/05
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Planning Board Minutes C E i V ED
February 2, 2005 ' Ft:')(;' OFf ICE-
Present: Tom French, Chairman; Fred Armstrong, Clerk; Walter J~iQ~-:Xe~ T.Q~
John DeMassi, Douglas Annino, Frank Holmes UJ r'1r\1< -lj r'r1 1:::>8
11. Meetiq eaJIed to order at 7~10 ,....
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January 20, 2005 letter from Karl Clemmey re: surplus removal of approximately
1,700 cubic yards of excess material on the berm behind Home Depot at Erin's
Centre. Mr. Burke explained the original request had been to use the material on the
site, now the applicant would like to take the material off site. Mr. Dan Clemmey
said the material would be brought to the Clemmey Tank site on Foundry Street. Mr.
Burke said the recommendation should include the typical conditions, such as hours
of operation, keeping the street clean, talking to the Chief about a police detail. Mr.
Clemmey said the final grading behind Staples has been completed, and the material
will not be needed as expected.
Motion: To send the Building Inspector an amendment to the February 24, 2004
recommendation with the standard conditions to allow the material to be removed
from the site (Armstrong-Annino)
Mr. Annino asked if Mr. Burke has any concerns. Mr. Burke said that is not a lot of
material, but suggested the time be limited to 7-3 M-F. Mr. Armstrong amended his
motion to incorporate Mr. Burke's recommendation. Dr. Torman asked if the start
time should be later than 7 am since the site is in a residential neighborhood. Mr.
Clemmey said the drivers would typically wait until the school busses have stopped
running. Mr. Armstrong amended his motion to make the hours 8am-4pm, M-F.
All in favor. PASSES
2. January 12,2005 minutes
Mr. DeMassi asked if town counsel had submitted an opinion on Mr. Annino's ability
to vote on the School Street public hearing; Mr. Burke said counsel's original opinion
was based on the mistaken assumption that Mr. Annino had been late for the
applicant's consultant's presentation. Mr. Burke said he has corrected that mistake
and counsel will be submitting a new opinion based on the fact that Mr. Annino was
late for a presentation by the board's consultant, not the developer's.
Motion: To approve as submitted (Armstrong-Jenkins)
Mr. Burke said the revised School Street plans have been submitted for the February
9 meeting and there will be a narrative submitted tomorrow on parking and
community impacts. Mr. French asked if it would be possible to email the
information to each board member when it arrives. Mr. Burke said he would ask the
applicant to do that.
Six in favor. French abstained. PASSES
Dr. Torman asked what would happen if the material is not delivered tomorrow. The
board agreed they would have to receive the information by the weekend in order to
have time to review it.
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3. ZBA application for variance - 2 Harding Lane - front yard setback
The application says the proposed portico would extend one foot into the "42 foot"
setback. Mr. Burke said the setback in this zone is 40 feet, not 42, and the portico
doesn't appear to intrude into the setback. He said if that is true, there would be no
variance required. He suggested sending the ZBA a letter saying there is a question
whether a variance is required. Mr. Annino said considering the front steps and the
portico, the construction may encroach into the setback. Mr. Armstrong asked if the
application is simply to cover the existing front steps; Mr. Burke said that is exactly
what is happening. Mr. DeMassi asked if the deck on the back of the house had been
granted a variance previously; Mr. Burke said he did not know. Mr. Annino said it
would be difficult to make a recommendation because there are different plans
showing conflicting information, and the framing plans show another different
configuration.
Motion: To send the ZBA a letter saying the board cannot make a recommendation
because the information is conflicting and confusing
(Annino-Armstrong) All in favor. PASSES
4. January building permit summary
5. Meeting notices Attleboro, Easton, Norton, North Attleboro, Plainville, Canoe River
Aquifer Advisory Committee, ITPG
6. Planning magazine
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William Whalen, Whalen Engineering, presented the preliminary plan for a two-lot
subdivision, which includes one existing lot. Mr. Whalen said the plan is based on
previous discussions he has had with the board. He explained Mr. Volpe owns a large
parcel, which he would like to split into two and build a house for his son. There had
been a second house on the lot at one time, which was demolished.
Mr. Whalen said they are proposing to extend Atwood Street 150 feet, to give the lot
existing lot 150 feet of frontage and the new lot almost 200 feet of frontage. The
proposal is to keep the road a private way to serve the two houses. The roadway would
be upgraded to match the existing pavement on the constructed part of Atwood Street,
and a turnaround would be added. Mr. Whalen explained Atwood Street currently ends
at the property line and the new pavement would be uniform with the existing road. The
roadway would be slightly above the existing grade because it would have a grassed area
on either side. He said rather than using cape cod berm on either side of the roadway, the
elevated roadway would allow drainage to slope off onto the grass on either side. He said
there would be a deeded easement to the town along the new roadway, but it would be a
private way and the responsibility of the homeowners.
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Mr. Whalen said the pavement will be 18 feet wide, which is the width of existing
Atwood Street. He said the pavement will be straightened up and a fresh coat of asphalt
added. Mr. Whalen said Atwood Street has no sidewalks and he will be requesting a
waiver from that requirement.
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Mr. Whalen submitted a letter regarding the drainage issues. He said they will be adding
a small amount of pavement to the existing driveway.
Mr. French asked what the waivers would be. Mr. Whalen said they would request
waivers for roadway width, ahammerhead turnaround rather than a cul-de~sac, sidewalk,
pavement width and no curbing.
Mr. Annino asked about streetlights; Mr. Whalen said they are not proposing any new
lighting. Mr. Volpe said there is an existing light at the edge of his property.
Mr. Annino said street trees should be planted.
Mr. Annino asked about Fox Street; Mr. Whalen said Fox ends in a cul-de-sac.
Mr. Holmes asked about a septic system; Mr. Whalen said the lot has been perced and
they would submit the calculations with the definitive plan.
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Mr. Annino asked if the water service is large enough for an additional house; Mr.
Whalen said the Water Department has asked to increase the existing six inch line to an
eight inch line. He said he didn't think that was necessary for two houses and he would
be concerned there wouldn't be enough movement in a larger pipe and the water would
stagnate. Mr. French asked about a hydrant; Mr. Whalen said there is an existing hydrant
next to the driveway at 23 Atwood. He said the services are all existing for two houses
on this site, since there had previously been a second house. Mr. French asked about the
service beyond the existing fire hydrant; Mr. Whalen said he didn't know. Mr. French
said he didn't think an eight~inch pipe would be necessary for two houses.
Department Head Comments
The clerk read comments from Police, Fire, Electric, Engineering, Water, DPW,
Conservation and letters from Mr. Whalen in response to the Conservation and drainage
issues. Mr. Whalen said he is within the 200- foot buffer zone under the Rivers Act and
he would be filing a Request for Determination of Applicability.
Board Comment
Mr. Jenkins asked what the setbacks are and asked about building envelopes. Mr. Burke
said there are 30 front and rear and 15 foot sideyard setbacks in that zone. Mr. Whalen
submitted a plan showing how the new house would sit on the lot. Mr. Jenkins noted the
rear setback appears to be 15 feet and the applicant should be aware that the requirement
is 30 feet. He suggested showing the location of the house on the definitive plan. Mr.
Burke suggested adding the 200- foot riparian zone, the 100- foot buffer and the location
of the septic system.
Mr. Jenkins said he would not want to see the owner of the new lot come before the ZBA
looking for a variance in a few years, considering the waiver requests with this plan.
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Mr. Whalen said he plans to meet with staff prior to filing a definitive plan to work out as
many of the concerns as possible. Mr. French said the plan would likely have to comply
with the storm water management guidelines.
Mr. Holmes said the Planning Board would require no increase in runoff: so the
driveways and houses should be factored into the drainage calculations. Mr. Whalen said
he would produce a full drainage report for the definitive plan.
Mr. French said the board should consider the waivers and give Mr. Whalen some
direction. Mr. Burke said the board wouldn't vote to grant the waivers at this point, but
could take a consensus vote. Mr. Burke said the engineering department seems opposed
to changing the roadway and pavement widths and wants a justification for the curbing
waiver. Mr. DeMassi said he would be uncomfortable giving the applicant direction on
the waivers without further discussion with the engineering department.
Motion: To continue the preliminary review to March 2, 2005 at 8:35 p.m.
(Annino-Torman) All in favor. PASSES
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The clerk read the public hearing notice. Mr. French explained how the public hearing
would be conducted. Mr. Holmes said he had been involved with the water impact report
for this subdivision and recused himself from the hearing.
Ralph Maloon, RIM Engineering, explained the plan for a four-lot residential compound.
He said there had been a subdivision plan approved on this site in 1987, which was never
built; the zoning has changed a number of times since then. Mr. Maloon said with a
traditional subdivision, there would be area and frontage for four lots.
Mr. Maloon said the residential compound would have a large common area in the rear
with a wetland far to the rear of the site. The road will be 16 feet wide and have
underground electric and town water.
Mr. Maloon said the lower half of the site flows through an 18xll corrugated pipe to a
catch basin. The top half of the site flows partly to the street and partly to the lower half
of the site, to a depression partly on this site, through a 12 inch corrugated pipe and to an
elliptical pipe. During storms, there are several large puddles on the site. He said the
existing drainage pipes are filled with soil and there is a catch basin close to the fence
with no apparent manhole. He proposes to rebuild the catch basin, clean the pipe and
rebuild the manhole to prevent further soil from settling in the system. He said the
depression at the lower part ofthe site acts as a detention area He said a 125-year storm
would go right over Gilbert Street because there isn't a pipe large enough to handle it.
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Mr. Maloon explained the on-site drainage system. He said he has spoken with the
neighbors on either side and is proposing a swale that will pick up the puddles that form
now, fill in the depression that acts as a detention area and install two large 60x24
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detention areas with corrugated steel pipes laying side by side. He has discussed that
with Mr. Sullivan, who asked to balance what is going into the ground now. He said the
flow has been balanced so he wouldn't be putting additional water downstream, and to
prevent the lOo-year storm from going over Gilbert Street.
Mr. Maloon presented the existing and proposed profiles. He said there are excellent
materials to the beginning of the proposed cul-de-sac, at which point they turn poor. He
is asking for a waiver to put the detention under the street because the groundwater on the
two cul-de-sac lots is too high for a detention basin. He said the detention will be kept at
least two feet over groundwater. Mr. Maloon said he would be using storm cJlptors.
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Mr. Jenkins asked how large the proposed lots are; Mr. Maloon said they are between
25,000-30,000 square feet.
Mr. Maloon noted he is proposing to do some grading work on abutting land.
Department Head Comments
The clerk read memos from the Board of Health, Electric, Police, Engineering, DPW,
Fire, Water, Conservation. Mr. Maloon said he would meet with the department heads.
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Board Comment
Dr. Torman asked about Mr. Azinheira's comment opposing the waiver for the location
of the stormwater system; Mr. Burke said he wasn't certain Mr. Azinheira had made the
distinction between a private road and a public way, which the town would be
responsible for. Dr. Torman said the homeowners should be made aware of their
responsibilities for the roadway.
Mr. Jenkins said he was concerned about the roadway being too narrow for fire
apparatus. Mr. DeMassi agreed.
Mr. Annino asked about sidewalks; Mr. Maloon said there are none existing and he is not
proposing new sidewalks. He said he would speak with Patrolman Lawson about his
request for sidewalks. Mr. Annino said a 16-foot roadway would be too narrow.
Mr. Annino asked how far the new road is from the abutting houses. Mr. Maloon said the
house to the left is 20-22 feet from the property line and the house to the right is 42 feet.
Mr. Burke noted those two existing lots became corner lots when the 1987 subdivision
was approved; he said the roadway layout still exists, even though the houses were never
built. He said the setbacks haven't changed since the 1987 plan. Mr. Annino asked if
that would affect those properties when they are sold; Mr. Burke said it might. Mr.
Maloon asked if the 40-foot setbacks would apply even though it is a common drive, not
an actual roadway. Mr. Burke said he thought they would because it is still a "way" even
if it is private.
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Mr. Annino asked to see the radii at the new roadway/Gilbert Street, as well as a detail of
the pavement cut. He asked if the new roadway and existing houses would be landscaped
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or screened. Mr. Maloon said he would come up with some screenitlg after the road
width and sidewalks are determined. Mr. Annino asked to have the street trees shown,
species called out and the landscaping in the island detailed. He asked the diameter of
the cul-de-sac; Mr. Maloon said it is 100 feet from the outside edges ofthe pavement.
Mr. Annino asked about street lights. Mr. Maloon said they would be added to the plan.
Mr. Annino asked about the existing vegetation line; Mr. Maloon said the site is currently
wooded and he would show the limit of clearing on the plan.
Mr. Annino asked about the maintenance of the steel pipe recharge area; Mr. French said
there are specific types of steel that can be used for underground areas like this. Mr.
Maloon said he has looked at a couple of systems, and the steel is strongest and can take
more cubic feet of water in a small area than plastic or concrete recharge units.
Mr. Annino asked about the perc test results shown on the plan. Mr. Maloon said he
would label the details of the test pits more clearly.
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Mr. Armstrong said he is concerned about a 16-foot wide roadway. He noted Mr. Field's
comment about the entrance, which has a radius on one side and a sharp curve on the
other. Mr. Maloon said the gutter line on Gilbert Street is 12 feet off the property line,
and the proposed roadway is about 14 feet off the property line, which would give room
for a comer rounding easement. Mr. Maloon said he could provide a 30-foot curb radius
at the entrance. Mr. Burke said the curbing can be fit in within the right-of-way width.
Mr. Burke explained the layout approved under the 1987 plan still exists, but the lots as
approved under that plan have expired. Therefore, the road could be built as approved in
1987, but the lots have to conform to current zoning requirements.
Mr. DeMassi asked why Lots 1 and 2 are smaller than the others; Mr. Maloon said he
was trying to maintain a large common area. He said it was also an issue of keeping the
road as short as possible, so the first lots are rather narrow. Mr. Burke said the structures
in a residential compound cannot be closer than 40 feet to a property line. Mr. Jenkins
asked if the open space could be counted in that. Mr. Burke said he would check with the
building inspector.
Mr. Jenkins asked about the high groundwater at the back of the site; Mr. Maloon said the
lots have perced and the circle is being filled five feet to accommodate the leaching fields
that will be beside the road.
Mr. Burke asked if Mr. Maloon has had any discussions with Mr. Leite about his
concerns. Mr. Maloon said he has not, but he would. Mr. Burke suggested sitting down
with Mr. Leite and the engineers at the same time.
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Mr. Burke asked what happens when the water goes into the underground corrugated
metal pipes. Mr. Maloon said the water is only being detained and there is an outlet; he
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said it will hold the 100-year event. There is an emergency overflow to the next
detention area until it goes into the Gilbert Street system. Mr. Maloon said there would
not be more water than before because of the way it is being detained. Mr. Burke said
these pipes would be maintained by the homeowner's association, and there will have to
be an operation and maintenance plan. Mr. Maloon said the catch basins and storm
ceptors will have to be regularly cleaned, but he would have to ask the manufacturer what
the life of the pipes will be.
Public Comment
John Bailey, 165 Gilbert Street, said he is concerned about the stormwater runoff. He
said the site is saturated with water in the spring and flows right up to his house and
remains there. He said he is not opposed to the development, but wants to be certain the
water is taken care of properly. Mr. Bailey asked who would maintain the drainage
systems; Mr. French said the residents would have to form a homeowner's association to
maintain the drainage and roadways.
Mr. Bailey asked ifall four lots perced and asked if that is why two of the lots are smaller
than the others. Mr. Maloon said those lots could be extended. Mr. French asked if there
could be a buffer strips between lots 3 and 4 and the abutters, similar to what is shown on
lots 1 and 2. Mr. Maloon said he could add a 50-foot buffer strip there.
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Mr. Maloon said there had been a question about clearing; Mr. Bailey said he and the
other abutters have asked the developer about removing some of the larger pine trees and
replacing them with maple trees, which the developer has agreed to do. Mr. Bailey said
those trees are over 100 feet tall and there are concerns about them falling on the houses.
Mr. Bailey has also asked that the abutters have permission to go into the drainage area
for cleaning it if the association does not.
Mr. Burke said Gilbert Street varies between 18 and 24 feet wide and has no sidewalks;
he said it didn't make sense to add sidewalks on a road with only four houses. He
suggested the roadway could be increased from 16 to 20 feet wide, which should be wide
enough for four houses. Mr. Bailey said the abutters wouldn't want a sidewalk on the
new road. Mr. French suggested the new road be 18 feet wide, which is consistent with
Gilbert Street, as well as with other residential compounds.
Motion: To continue the public hearing to March 23, 2005 at 8:00 p.m.
(Armstrong-Torman) All in favor. PASSES
[Mr. Holmes returned to the meeting at this time.]
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The clerk read the public hearing notice. Mr. French explained how the public hearing
would be conducted.
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Ralph Maloon, RIM Engineering, explained this is an existing, unoccupied house. He
explained the septic system had to be repaired and the Board of Health felt the leaching
field should be kept as far from the wetland as possible. Mr. Maloon said it is now 49
feet away. They filed a new plan, showing a larger, house, with the Conservation
Commission and the ZBA. The Conservation Commission denied the request for the
house to be 17 feet from the rear of the house to the wetland. However, the Board of
Health did not intend for a larger house to be built, and does not want the house rebuilt
where it exists because it wants the leaching field in that location.
The new plan the applicant would like to file with the ZBA is for the reconstruction of
the house in the same location and to keep the leaching field as far from the wetland as
possible. There will be no work within the wetland and will maintain the 25- foot wetland
setback. The house will be slab on grade, which requires a 10- foot setback from the
leaching field. Mr. Maloon said they will have to go back to the Board of Health for
variances for that setback to be 49 feet from the wetland rather than 50, and to be three
feet over groundwater instead of four required.
Mr. Burke said the plan the ZBA acted on originally was not the current plan. That plan
showed a 24x36 foot, two-story house with a deck. The footprint of the house on the
current plan is about 200 feet smaller than that house.
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Mr. French said the purpose of the hearing is for the board to make a determination that
the new plan is significantly different than the old plan. Mr. Burke said it would also
have to determine the new plan addresses the reasons for denial.
Mr. Maloon said the house had to be raised high enough to get pipes under the house.
Mr. Young said the existing house is about 8 or 9 feet from the roadway and he would
like to move it back and improve it. Mr. Maloon said it is 13 feet off the pavement. Mr.
Annino asked if variances would be needed for the rear yard setbacks. Mr. Maloon said
they would.
Mr. Holmes asked if the existing house is two stories; Mr. Young said it is.
Mr. Armstrong said it appears this is a significantly different plan.
Department Head Comments
The clerk read a memo from Health Agent Scott Leite.
Board Comment
Mr. Burke said the point of this hearing is not to approve or deny this plan, but rather to
fmd it is a significantly different enough application to allow the applicant to refile with
the ZBA.
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Dr. Torman asked the size ofthe lot; Mr. Maloon said it is about 10,000 square feet.
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Mr. French asked if there is an issue with rebuilding a house on a lot like this. Mr. Burke
said that is part of the relief the applicant would be requesting from the ZBA.
Mr. Armstrong said the current plan shows the same size house being built in a slightly
different location.
Dr. Torman said he was having a problem with whether this is a "significant" change.
Mr. Armstrong said this addresses the 'reasons the original application was denied.
Motion: To find this is a significantly different plan that addresses the reasons for denial
and to allow the repetitive petition to move forward because it is a different plan than the
one previously acted upon. (Holmes-Annino)
Mr. French suggested adding a note to the ZBA that this determination is not an
indication of support or opposition of the variances the applicant will be requesting.
Six in favor. Torman abstained. PASSES
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Dr. Torman mentioned the sidewalk fund, into which developers can put money in lieu of
building subdivision sidewalks. Mr. Burke said that can be done through a gift to the
town and could be discussed during the public hearing.
Mr. Jenkins said the Medline project that was withdrawn is now back on the table and is
being worked on by the TIF committee.
Mr. DeMassi asked about Hatheway-Patterson. Mr. Burke explained there would be
another public meeting at the end of February. He said he had attended a meeting with
The Cecil Group, the Ditchmans and the Clemmeys. The Cecil Group had some
development ideas, which included transfer of development rights to Ditchman and
Clemmey. Mr. Burke said the meeting started out positively, but didn't end well. He
said he thought there would be a mixed-use proposal, but there will still be access issues.
Mr. Annino asked about the next downtown meeting; Mr. Burke said there would be
another meeting at the end of February. He said he hopes to have a pamphlet soon with
design standards. The town manager has said he would like to get some local support for
low-interest loans for renovations of downtown buildings; Mansfield Bank has expressed
interest in a loan program like that. Mr. Annino said he was concerned about the small
amount of retail space being proposed in downtown building renovations.
,-- Mr. Burke said the board may want to think about proposing a drive through by-law for
the Annual Town Meeting.
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Mr. Jenkins said he was concerned about changes in use, when one business leaves a
structure and is replaced by another business that may not be appropriate for the space.
Mr. Burke said the building inspector makes the call on what is allowed; he said it often
turns on parking and whether the new use has enough.
The board discussed getting an article on the warrant regarding the Planning Board
having site plan approval authority.
Mr. DeMassi said he was concerned about the distance from the door to the parking lot at
Staples.
Mr. Burke said the town is advertising for a new Conservation Agent.
Mr. Holmes said he had spoken with Lou Masiello in the hallway during the Village at
Gilbert Street public hearing, who said he would be delivering the parking report
tomorrow; Mr. Holmes said he suggested it be both mailed and emailed to the members.
Mr. Masiello said he wouldn't be submitting a memo on community impacts before next
week's meeting.
Mr. Jenkins said there has been a big change at Mass Highway; Mr. Burke said he had
heard that, but didn't think it would affect District 5.
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Motion: To adjourn at 10:45 p.rn. (Torman-Armstrong) All in favor. PASSES
Next meeting: February 9, 2005 at 7:00 p.rn.
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1/1/0Jr
Date of Approval
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