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HomeMy WebLinkAboutmin of planning brd 03/23/05 II. MeetiBc......... order. 7:80p.m_ Planning Board Minutes M h 23 2005 rl: toe) II. r:u I" S I arc , l.'.) i\ I r\ '-I r j'i ,_ . Present: Tom French, Chairman; Fred Armstrong, Clerk; Walter Jenkins, Ken Torman, John DeMassi, Douglas Annino, Frank Holmes t'J j\j,. lLLJ M p, (' I..:; d\ " U U c: E- 'r T S F'\ oJ v " . 'J I I J I I Ct"I::"I'V I_.j! n/,C (If'~r.lr'E i, ct ~_, I v r 12. 1. Correspond.,.ee March 2, 2005 minutes Motion: To approve as submitted (Torman-DeMassi) All in favor. PASSES 2. March 10, 2005 minutes Motion: To approve as submitted (Jenkins-Armstrong) All in favor. PASSES 3. February 23, 2005 letter from William Brown, Project Manager, Village Landing (East Street) re: proposed name change for the development 4. February 23,2005 request from Ed Jameson re: change in stone walls at Patriot's Way. 5. Meeting notices Attleboro, Norton, Easton 6. Letter from Bruce Montgomery re: requesting field change in number of exits for Premium Parking Lot/Memo of support from Police Chief Arthur O'Neill Motion: To allow the addition the northwesterly exit as a second means of egress for the Tweeter Center Premium Parking Lot as a field change to Condition #9 of the original special permit (Armstrong-DeMassi) All in favor. PASSES 7. SRPEDD ~ua1 Awards Request for Nominations - Distinguished Service Award Motion: To nominate Leonard Flynn (Torman-Armstrong) All in favor. PASSES ,- Mr. French said he would not be at the April 6 meeting. Mr. Jenkins asked about the next Mansfield Crossing meeting. Mr. French said he anticipated that when the board gets ready to vote on that project, its motion will be to ask Mr. Burke to put together a decision, then provide the members with a draft before the following meeting. , .~. ~~..... .......ti...-GrMD Tree At...-Six Lotl."Elm $treet- ~dtr Skene [Mr. Holmes left the meeting at this time] Ralph Maloon, RIM Engineering, presented photographs of the existing trees in the area of the island. He said the Engineering Department's comments have been satisfied and he has added a number of items, including zoning wetland setback lines. The 25-foot no touch zone has been retained. The inner line of the landscaped circle has been added to the plan. Notes have been added to the plan about all debris being removed prior to the start of road construction, the excess material will be stockpiled on one lot (lot 4 will not be used for this purpose) and the inclusionary housing requirements. Mr. Maloon said he had spoken with the Building Inspector, who said there should be some agreement with the board regarding the inclusionary housing by-law prior to the issuance of a building ,- permit for any lot on the site. Mr. Armstrong said the bylaw gives the board the responsibility to decide when that inclusionary plan has to be in place. He said he thought the plan should be in place prior to the conveyance of any lot in the subdivision. ,-. Mr. French said the board might make it a condition that the by-law be complied with prior to either the issuance of any building permit or the conveyance of any lot in the subdivision. Mr. Maloon asked how that would affect the sale ofthe entire site; Mr. Armstrong said a new owner would be required to comply with the by-law. Mr. Maloon explained he has added the limits of clearing to the plans, except at the area near Elm Street where the existing structures will be removed. There is also a note describing the plan for the removal of buildings and debris in that area, as well as replanting. Mr. Maloon said the 2-inch caliper street trees he has proposed are of the size required by the Subdivision Regulations. A stone wall detail has been added to the plan. The landscaping plan has been revised, especially in the area of the 4-1 slope at the shoulder, with spreading yews, junipers and dwarf rhodedendron have been added. A flower bed detail at the entrance in front of the stone wall and the location of the house at the temporary crushed stone entrance have been added. Mr. Maloon explained a construction sequence has been added to the plans. He said he is currently before the Conservation Commission and used the same schedule he presented to that board. r-- Mr. French asked about the note on the plan about the LSP and asked that it be certified that the "site is free from contamination." Board Comment Mr. DeMassi asked if there is any debris in the wetland; Mr. Maloon said there is some close to the wetland and noted they would not be able to bring machinery within 25 feet ofthe wetland. Mr. Annino asked the size of the burning bushes and junipers be added to the plans, along with a detail about how that the new pavement will be sawcut to join the existing Elm Street pavement. Mr. Annino asked if the lighting has been shown; Mr. Maloon said it has been shown at the locations requested by the Light Department. He said the existing utility pole on Elm Street is almost in the center of where the new road will go and will have to be moved. Mr. Jenkins asked the stone wall be constructed of natural stone rather than an engineered stone product. Mr. Maloon said Mr. Sullivan's last comments had requested the water line be relocated, which has been done. Mr. French asked if the front of the cul-de-sac is treed or open; Mr. Maloon said there are scattered pines, 1-3" diameter, in that area He said it isn't a heavy wooded area and the r existing trees would be kept in that area of the cul-de-sac island. r- Public Comment Don Arduino, 521 Elm Street, presented the board with some photographs of the material on the lot. He said there are eight boats, a dump truck, a power shovel and various appliances. Mr. French said there will be a condition in the permit that the developer will have to get an LSP to certify the material has been removed and there is no soil contamination. James St. Don, 483 Elm Street, said there are no survey marks to indicate the comers of the property and asked how much fill would be needed. Mr. Maloon said they did a perimeter survey ofthe property and with today's instruments, there wouldn't be many visible survey marks. Mr. Maloon said he thought lot 4 would need about 3,000 yards of fill, but until a house is proposed for that lot he won't know exactly how much would be necessary. Mr. Maloon said he had done a topographical survey and the wetlands line had been located by a botanist, which the Conservation Commission has approved. Brenda Vincent, 504 Elm Street, asked where the new roadway will come onto Elm Street. Mr. Maloon said it would come out between the two homes across Elm Street, with the center of the pavement 10 feet to the right of the existing light pole. Mr. French said it appears the center line of the road will come out at approximately Mrs. Vincent's property line. ;- Mr. French said the board would have to decide how to handle the issue of conformance to the inclusionary housing requirement; it could require it be done before issuing the special permit or prior to the issuance of any building permits. Mr. Maloon said the applicant has not met with Mr. Burke about the issue, but has said he does not plan to build the homes. Mr. Jenkins said the board might be able to approve the subdivision contingent upon compliance with the by-law, but not allow anything to happen on the property until it is fmally resolved. Mr. Armstrong said there are two ways to handle the question: not approving the plan until the issue is resolved, or approving the plan with a condition that no building permit be issued or any individual lot be conveyed until the by-law is satisfied. The entire development could be sold, but the obligation would then pass to the new owner. Mr. DeMassi said he would include the road construction in that as well. Mr. French said the condition could include that prior to the issuance of any building permit and/or the sale of any lot in the subdivision, or the commencement of work on the proposed roadway, the requirements of the inclusionary housing bylaw be complied with. This condition would not preclude the sale ofthe subdivision as a whole. Mr. French asked about waivers; Mr. Maloon said he is requesting a waiver to use sloped granite curbing. Motion: To grant a waiver for the use of sloped granite curbing r (Annino- Torman) Six in favor. French abstained. PASSES ,- Motion: To approve the definitive subdivision plan with the standard traditional subdivision conditions, as well as the following: 1. Prior to the grant of any building permits for construction of a building in the subdivision, all junk and debris must be removed from the entire site, demolition of the existing buildings must be completed and the site must be free of contamination by oil or hazardous mateirals. The foregoing must be certified by a Licensed Site Professional, who shall submit a report detailing the results of his or her inspection of the site to the Board of Health and the Planning Board. 2. Prior to the issuance of any building permit and/or the sale of any lot in the subdivision, or the commencement of work on the proposed roadway, the requirements of the inclusionary housing by-law, Section 6.0 of the Zoning By-Law, must be complied with. This condition does not preclude the sale of the subdivision as a whole. (Armstrong-Annino) Mr. Annino askede that the size of junipers and burning bushes be at least five gallons and a pavement detail at Elm Street be added. ,-. Five in favor. French abstained. PASSES Motion: To close the public hearing (Armstrong-Annino) All in favor. PASSES Ralph Maloon, RIM Engineering, said the board had requested a detail of the steel piping to be used retention area and presented some photographs. Mr. Maloon explained the lot lines have been pushed back without increasing the width of the roadway. The abutter would like to own the buffer strip between his lot and the development, which Mr. Maloon said would be acceptable to the developer as long as it remains a buffer. He said they would still meet all the land area requirements even without that strip. Mr. Maloon said a note has been added to the plan to convey that strip with a deed restriction preventing the placement of any structure on it. Mr. French said it is supposed to be a buffer zone, so the note should also include that it not be cut. Mr. Maloon said the curb radius from Gilbert Street to the new roadway would be sufficient. ,- Mr. Maloon said they would be removing the heavy pine trees, moving the swale closer to the 50-foot common area, and saving some trees and replanting with maples, a row of burning bush and arbor vitae. There is an existing row of hemlocks on the abutter's property to the right that will be extended; the neighbor to the left has a row of forsythia bushes that will also be extended. ~ Mr. Maloon explained the landscaped island will include blue spruce, creeping junipers and forsythia and will have a 58-foot diameter. Mr. Maloon explained the drainage area at Gilbert Street has been increased from 18 to 21 feet wide with a change in grading. The Engineering Department had asked for bounds around the easements and a temporary construction entrance. Department Head Comments The clerk read a memo from Mr. Field indicating most of his previous comments have been addressed with two additional comments regarding recharge, and supporting approval as long as those items are addressed. The clerk read a memo from Ms. Leidhold indicating the ORAD has expired and the applicant will have to reapply. Board Comment Mr. DeMassi asked about the comer rounding easement; Mr. Maloon said that is shown on Sheet 6. ,- Mr. Annino asked for the plant material sizes to be identified on the plan and requested they be five-gallon minimum. He asked for the blue spruce in the island to be 10-12 feet. Mr. Annino asked about lighting; Mr. Maloon said the lighting detail, with a typical subdivision light, has been added. He said Sheet 4 shows existing lights on Gilbert Street at either side of the proposed entrance, which are 240 feet apart with the entrance roughly in the middle. Mr. French suggested there be a light inside the subdivision near the entrance, and suggested something other than a traditional subdivision light. Mr. Annino asked about the radii at the entrance going over an abutting property. Mr. French noted that the road layout was approved in 1987 and the board is bound by that plan. Mr. Annino asked about the curbing; Mr. Maloon said it is cape cod berm and he would change the detail to 12 inch curbing. Mr. Annino asked for a detail showing the pavement cut at Gilbert Street. Mr. Annino asked about the building envelopes; Mr. Maloon said the lot layout sheet shows the envelopes. Mr. Annino asked about existing vegetation; Mr. Maloon said it is heavily wooded. Mr. Annino suggested the limit of clearing and the building envelope lines be made the same. ,- Mr. Annino asked about street trees; Mr. Maloon said the typical street tree location would put the trees on abutting properties for about the first 200 feet of roadway. Mr. Annino said the left side of the new road wouldn't have much vegetation. Mr. Maloon .~ said he would add some trees to that side. Mr. Annino suggested something like a Bradford pear, which would not grow large branches. Mr. Annino asked about a street sign; Mr. Maloon said they would use a standard street sign and a stop sign. Mr. Jenkins asked about the strip that will be sold to the abutter. The abutter, John Bailey, said he has cleaned and planted that strip for several years and would like to continue to maintain it. He said he didn't have a problem with a condition requiring it remain unbuilt. Mr. Jenkins said he wouldn't want to see a future owner apply for a variance for an undersized lot using that strip. Mr. Bailey said he would be willing to add something to his deed to prevent that. Public Comment Mrs. Bailey said she was concerned about privacy and said they want to maintain the landscaped strip to protect that. Mrs. Bailey asked how bright the new street lights would be; Mr. French said lights in the new road would be a low profile lantern type. Mrs. Bailey said she has a row of arbor vitae in her yard, which the deer eat, and suggested a different type of planting, like hemlocks. Mr. Annino suggested an Austrian pine rather than hemlock. r- Mike Van Splinter asked who would own the land beyond the cul-de-sac. Mr. Maloon said it would be common area owned by the homeowner's association. Mr. Van Splinter said he was concerned about the new lot abutting his property; Mr. Maloon said they would be leaving a 50-foot wooded buffer area. He explained the plans show a building envelope, which means the house must go inside that area. He said the board has asked for the limit of clearing, which will be the same as the enveloPe except for the front of the lots, to allow for the driveways. Mr. Van Splinter said ifhe owned that buffer strip, he would be able to maintain it, similar to Mr. Bailey's situation. Mr. Bailey said at the last meeting, the board had discussed a condition that the abutters would have the right to go into the buffer areas for cleaning and maintenance. Mr. French said the board would add a condition that the homeowner's association would be unable to cut the trees or disturb the buffer areas. ,- George Knight, Gilbert Street, said he was concerned about the water table and drainage. Mr. French said Mr. Maloon has done testing, witnessed by the Town Engineer. Mr. Maloon said they did soil testing 30, 130 and 230 feet off Gilbert Street and will put in three retention areas to retain the water, allow a small amount to go into the ground, and reduce the peak flow so that what crosses the street after development will be no greater than what currently happens. Mr. Knight said the three catch basins lead into the culvert in the road, go under Gilbert Street and along his property. He asked where the excess water would go. Mr. French said the proposal is to recharge the water into the ground. Mr. Maloon said the high water table at Gilbert Street is about seven feet below the ground, and further back the water table rises. He said the testing at the front of the site found excellent gravel, with worse material at the back. There will be three large r"' retention areas, 25'x60' with a 24" diameter pipe, which will hold large volumes of water. Mr. Knight said there will be a lot more water after the development with four new septic systems. Mr. Maloon said the septic systems won't add significant water and said the land would get the same volume of water whether it is developed or not. Bill Couture asked about the life expectancy ofthe drainage system and what kind of maintenance it would need. Mr. Maloon said part of the drainage study is an Operations and Maintenance plan, which will require the system to be cleaned three times a year by the homeowner's association. Mr. DeMassi said he would like to find out the status of the open space and the abutters, and was concerned that the note on the plan says the open space will have no structures, but does not say it will not be clear cut. Mr. French said ifany of those open space areas are conveyed to abutters, they will still be considered part of this special permit. Mr. Annino said he would like to see the Board of Health's test well data. Motion: To direct the Planning Director to prepare a positive decision for the board's review, including standard normal residential compound and the items discussed tonight, including no clearing or altering of open space areas. (Torman-DeMassi) r"' Mr. Annino asked that the Town Engineer to re-review the calculations. All in favor. PASSES Motion: To continue the public hearing to April 27, 2005 at 8:45 p.m. (Torman-DeMassi) All in favor. PASSES [Mr. Holmes returned to the meeting at this time] I 5. Sitep....a.view - 4Z8E1IttStl'eet -RetaillRestauraut Use - Peter De'frolio Michael Trowbridge, Hutchins-Trowbridge Associates, explained there is an existing building on the site, which was most recently used as a convenience store. There is one wide, uncontrolled curb cut onto Elm Street. The proposal is for a 4,400 square foot building with a small restaurant and convenience store. There will be one entrance in and out on Elm Street, and one entrance onto Coach Road. There will be an access road around the back of the building with a proposed new septic system and a subsurface drainage system designed for the 100-year storm. Mr. Trowbridge said the site is now lawn and pavement, with no landscaping. There is a section offence along two sides of the site and they are proposing 61 arbor vitaes along the other two sides, with bushes and trees along Coach Road and Elm Street. r"' ,- They have provided 24 parking spaces and the proposed uses are by-right uses. However, they will be seeking relief from the ZBA for depth of the landscaped buffer. He said the Matoian property has several large trees and a stockade fence. Department Head Comments The clerk read memos from Mr. Sullivan and Officer Lawson. Mr. Trowbridge said he has addressed and submitted responses to both sets of comments. Board Comment Dr. Torman asked about the dumpster; Mr. Trowbridge said it is at the upper right comer of the plan. Mr. DeMassi asked if there would be a drive through. Mr. Trowbridge said there was no drive through proposed. He explained the access to the back of the building is for the dumpster and deliveries. Mr. Joe DeTrolio said most beer deliveries are made in 18- wheelers. ,-. Mr. French asked if the plan as submitted conforms to the Zoning By-Law. Mr. Trowbridge said it does not comply with the landscape buffer, and they have applied to the ZBA for a special permit. He said the existing trees will remain, and there is a stockade fence on the Matoian property and along the abutting property to the right on Elm Street. Mr. Annino asked about the dumpster enclosure; Mr. Trowbridge said it is 10 feet. Mr. Annino suggested 16 feet with gates. Mr. Annino asked if the parking spaces and travel lanes would have dimensions added. He said the back door couldn't open directly onto the driveway aisle and would need a sidewalk. Mr. Annino asked if a footcandle study had been done; Mr. Trowbridge sakl,jt had not but said the lights are low cutoff. Mr. Annino suggested metal halide lighting. Mr. Annino asked about the transformer; Mr. Trowbridge said they are working on that with the Electric Department. Mr. Annino said if a pad mounted transformer is needed, it would have to be shown on the plan. Mr. Annino asked if the lot would be repaved; Mr. Trowbridge said it would be. Mr. Annino asked about the radii off Elm Street and suggested it be more than 10 feet. Mr. Annino asked about site irrigation; Mr. Trowbridge said there would be none. Mr. Annino asked for a note about the parking space striping. Mr. Annino asked where the mechanical equipment would be placed; Mr. Trowbridge said they did not know at this time. Mr. Annino said he would be concerned about outside condensers in a residential neighborhood. ,-. Mr. Holmes asked about the size ofthe handicapped space; Mr. Trowbridge said he would check that. Mr. Holmes asked about the sidewalk in front of the building and said ,--. the slab may need to be lowered. Mr. Holmes asked if the existing fence would stay; Mr. Trowbridge said it would, and arbor vitae would be added. Mr. Trowbridge said it was possible the building may be shrunk by about four feet so there may be room for more landscaping. Mr. Jenkins asked how large the restaurant could be before the parking was affected. Mr. Trowbridge said the restaurant parking goes by the number of seats. Mr. Jenkins asked if there is another place for the dumpster, since it is proposed within the area where the landscaped buffer should be. Mr. Trowbridge said he chose that location to get it as far as possible from the abutting houses. Mr. Jenkins asked the applicant be mindful of when the dumpster is emptied as a consideration to the abutters. Mr. Jenkins asked that the mechanical equipment be screened. Mr. French asked about the parking space closest to the driveway and said it appears the back ofthat space will be within the travel lane. He suggested it either be eliminated and landscaped or some curbing added. ,--. Mr. French asked Mr. Trowbridge to look at Section 4.4.4.17, regarding employee parking. Mr. Trowbridge said that had been discussed at the department head meeting, and employees could park behind the building if necessary. Mr. French said in that case, those spaces should be striped. Mr. DeMassi asked if this would be a single-story building. Mr. Trowbridge said it would be. Mr. Annino asked about the parking stop curb; Mr. Trowbridge said they would be added along the face of the building. Public Comment Bonnie Nelson, 463 Elm Street, asked who owns the fencing. Mr. Trowbridge said all of that fencing belongs to the store. Mr. DeMassi asked if it would be rebuilt; Mr. Trowbridge said the fence would be repaired. -- Mary Cinelli, 7 Village Road, asked about a traffic study, saying there are several bridges out in the area and asking what impact this project would have. She was also concerned about sight distance turning from the site onto Elm Street. She asked if a pizza restaurant would be considered fast food; Mr. French said the building inspector would make that determination. Mrs. Cinelli said the proposed building will be much larger than most of the buildings around it and suggested a smaller building would allow additional buffering. Mrs. Cinelli asked if there is a grease trap on the plan; Mr. French said there is, which is required by the building code. Mrs. Cinelli asked if there has been a study on any contaminants in the ground, since it was at one time a garage. Mr. French said the lender would likely require a 21E study. Mrs. Cinelli asked if there would be limits on hours of operation; Mr. French said this is not a special permit, so the board does not ,-. have the ability to place limits on hours. Mrs. Cinelli asked about employee parking; she said there would likely be more employees in the restaurant than the retail use. Mr. French said the board could call to the building inspector's attention the parking requirements and ask him to ensure there will be adequate parking. Mrs. Cinelli said the street light on the existing pole has been out for several months. George Dentino, Gladiola Terrace, asked if the dumpster could be placed in the buffer zone. Mr. French said if the ZBA allows the reduced buffer strip, it could be left where it is; if relief is not granted, the dumpster would have to be moved. Motion: To send the Building Inspector a positive recommendation with the following conditions: All department head comments must be fully and satisfactorily addressed, specifically Mr. Sullivan's and Ptlm. Lawson's; if relief from the landscaped buffer requirement is not granted, the dumpster may not be placed as proposed; photometric plan should be submitted to the Building Inspector; dimensions of travel lanes and parking spaces and a note about lot striping should be added; a parking curb stop should be added along the front of the building; the door at the back of the building should not open into the travel aisle; if it is determined that a pad mounted transformer is needed, its location should be shown on the plan and it should be adequately screened; there should be adequate employee parking; if employees are to park at the back ofthe building, those parking spaces be striped. ~ (Annino-Jenkins) All in favor. PASSES 14r~~~IWriilI-~".~.~ The clerk read the public hearing notice. John Parmentier, Dunn-McKenzie Engineering, explained the proposal for the relocation of the sewer line in Cobb Street. The sewer line was originally approved at 16 feet deep, and the proposal is to elevate the grade of the sewer to 5-6.5 feet. There is a proposed sewer manhole in the middle of the cul-de-sac to service future lots off Cobb Street. Mr. French asked where the sewer discharges to; Mr. Parmentier explained it discharges to the existing sewer line. A drop manhole will be installed to access a stub that was installed previously. Department Head Comments The clerk read memos from Mr. Gaffney, Electric Department, Mr. Sullivan and Ms. Leidhold. Mr. Parmentier said he has addressed Mr. Gaffney's comment about the sewer line being installed at least 10 feet from the water line. ,- Mr. Parmentier presented a letter dated July 2002 from John Sullivan to Bob Babcock with a handwritten note indicating Mr. Clemmey's agreement with the proposal, dated March 22, 2005. ,,- Steve Rosenbawn, attorney for Peter Sangermano, said they have agreed to provide Mr. Clemmey with as-builts in electronic form and would get the necessary permits from Conservation Commission. Mr. Karl Clemmey said the Village at Willow Crossing is an asset to the town and said he is in support of the changes to the approved plan. Board Comment Mr. Jenkins asked if there are any significant grade changes to the north of Cobb Street; Mr. Parmentier said there are not. Mr. Annino asked why the sewer was originally designed so deep. Mr. Clemmey said the original plan had been to further develop the back land and the depth would have been necessary to reach that area. Motion: To approve the modification to the special permit to allow the change to the sewer as shown on the plan dated February 24, 2005 (Armstrong-Annino) All in favor. PASSES ,- Motion: To close the public hearing (Annino-Armstrong) All in favor. PASSES I S.AroQlld daeT_ble Mr. French said if the board intends have a discussion with the Town Manager and/or the Building Inspector before Town Meeting regarding the site plan approval article, it would have to be soon. The board will invite Mr. D'Agostino and Mr. Riccio to its May 4 meeting. Mr. DeMassi asked about getting information from other towns that have WS Development projects regarding what was expected and what actually happened. Mr. French suggested the board chose a couple of towns and make some calls. Mr. Annino volunteered to call Hingham, Mr. French volunteered to call Milford and Mr. DeMassi volunteered to call Smithfield. /6. Adjo~ellt Motion: To adjourn at II :00 p.rn. (Torman-Armstrong) All in favor. PASSES Next meeting: April 6, 2005 at 7:00 p.rn. ~._~ S~MtureofCk~ ~ 4 /1.1 / tJ S--- Date of Approval ~