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HomeMy WebLinkAboutPlanning Brd Min_451995PLANNING BOARD MINUTES APRIL 5, 1995 c5 i' -+ n °: 23 PRESENT: Chairman French, Clerk Sullivan V PLANNERS: Bonds, Dolan, Flynn, Trombetta Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. Public Hearing Continued - Winslow Estates The clerk read new correspondence, an Environmental Notification form and revised drainage study saying the brook will not back up into the drainage area. Chairman French asked if the water level is high enough so water does not back up into the detention basin. Mr. Trowbridge explained it was, adding he did test holes with Board of Health adjustments. Board Comment Planner Flynn asked if the basin is 100 feet from property lines. Mr. Trowbridge said it is, but only retention areas have to be three feet above ground water, and this is a detention area. Mr. Trowbridge said they were requesting waivers for the fencing around the detention basin because it is so shallow and they plan to plant additional trees, and for one of the oil /water separators. Chairman French said he would like to see the elevation of the bottom of the river because he was concerned the stream be deep enough and the detention basin high enough so the basin won't already be full of water before a storm. Mr. Trowbridge said he would get that elevation. Clerk Sullivan suggested making the information on the river bottom elevation a condition of approval and having the Engineering Department go over the information. Regarding the waivers, the board agreed the detention basin was shallow enough and would look better without the chain - link fence. Mr. Burke agreed, but said he was concerned about a policy perspective with regard to the oil /water separator. He said this is the first subdivision the board has seen within the Zone II since the Zone II by -law was adopted last spring and was concerned about setting a precedent. Motion: To close the public hearing (Sullivan - Trombetta) All in favor. PASSES The clerk read the draft decision and suggested adding the calculations showing the water in the stream adjacent to the detention basin is less than or equal to 133.85 feet in elevation shall be provided within the 20 -day appeal period. Motion: To allow the elimination of the chain -link fence around the drainage area in consideration of additional plantings (Sullivan - Dolan) All in favor. PASSES Motion: Not to grant the waiver for the oil /water separator because it is necessary in the Zone II (Flynn - Sullivan) All in favor. PASSSES Motion: To approve the Winslow Estates subdivision plan according to the draft decision, with the addition of the condition regarding the stream elevation information. (Sullivan - Flynn) All in favor. PASSES 3. Public Hearing - Shawmut Ridge Definitive Subdivision The clerk read the public hearing notice and department head comments from the Engineering, Water and Police Departments. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. presented the board with a plan for two sewered lots and a cul -de -sac off Shawmut Avenue. He had planned to use a retention area, but Town Engineer Bob Swanson said he would rather see a sub - surface system with no overflow, so Mr. Trowbridge is proposing the elimination of the retention basin and will meet with Mr. Swanson. Mr. Trowbridge said he would be requesting waivers for the size of the cul -de -sac, sidewalks and the Environmental Impact Report. He said he was willing to relocate the existing fire hydrant, as requested by the Water Department. He mentioned the Engineering Department wanted a water loop from Shawmut to Hope Street, and said he was willing to do that. The applicant, Stan Feck, said he had been approached by one of his abutters with a small yard asking if he would give him a small piece of one of the lots. Mr. Feck said his lots had plenty of area so he was willing to convey a piece of one. Public Comment Dan Pigeon, 126 Shawmut Avenue asked if there were plans to add additional primary electric lines and transformers. Mr. Trowbridge said there were, and showed the transformer would be underground. Board Comment Planner Flynn said she was not really in favor of building just a cul -de -sac, but said if it was considered a cul -de -sac off of the existing Shawmut Avenue, it was alright. Clerk Sullivan asked if construction on the Form A lots had begun. Mr. Feck told him three of the lots had been started. Clerk Sullivan asked about the cul -de -sac length. Mr. Trowbridge explained it would be 455 feet from the beginning of Shawmut Avenue to the end of the cul -de -sac. Mr. Trowbridge said he was requesting to make the cul -de -sac 60 feet instead of 80 in an effort to minimize its impact. Mr. Burke asked about a sewer or utility easement in the same location as the water easement. Mr. Trowbridge said he could label the easement either, but added all the other streets in the area are on sewer. Mr. Burke did not think sidewalks along the cul -de -sac were necessary, since Shawmut Avenue currently has no sidewalks. He said if the town planned to put sidewalks up Shawmut, it would make sense to require this developer to do them, but suggested the developer keep an easement within the layout. Mr. Trowbridge explained that was already figured into the plan. Motion: To continue the public hearing to May 17, 1995 so the drainage system can be worked out with the developer, the Engineering Department and Mr. Burke (Sullivan - Flynn) All in favor. PASSES Motion: To grant the waiver of the Environmental Impact Report because this project will have a minimum effect on the area and the town (Flynn- Sullivan) All in favor. PASSES 4. Public Hearing Continued - Smithfield Estates Definitive Subdivision The clerk read a letter from the Planning Board to the developer regarding extensions. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. explained he did a test hole with Board of Health adjustments, and is still 4.15 feet above ground water. He added lot 9 will be combined with lot 4. The board was somewhat confused, remembering they had discussed giving lot 9 to either the Mansfield Conservation Commission or to the Attleboro Water District. Mr. Burke remembered discussing combining the lots. Board Comment Chairman French asked if this change would change the status of the subdivision plan. Mr. Burke said it would not. Clerk Sullivan would like to see meets and bound of Lot 9. Mr. Trowbridge said he could put that on the plan. Mr. Burke suggested that could be done during the 20 -day appeal period. Clerk Sullivan suggested adding the meets and bounds around lots 4 and 9 and leaving them separate. Motion: To close the public hearing (Sullivan - Bonda) All in favor. PASSES Motion: To approve the plan according to the draft decision with the addition of the meets and bounds on lot 9 to be added to the plan within the 20 -day appeal period. (Sullivan - Bonda) All in favor. PASSES 5. Public Hearing Continued - Classic Court Special Permit Attorney Garen Bresnick explained the draft Master Declaration of Reservations and Restrictions, with details restrictions on the three types of open space and on foresting provisions. He said the document is very similar to the one previously approved. He added the applicant will have to go to the Conservation Commission to do a wetland crossing. Ralph Maloon, RIM Engineering, explained he added the detail of the drainage area and notes similar to those which appeared on the most recently approved residential compound. Board Comment Planner Flynn said she was concerned about the possibility of clear - cutting the open space and asked if the board could add something about using "acceptable forestry practices." Mr. Bresnick requested condition 7 be amended to allow dumpsters only during construction. He also suggested the special permit reference that all documents, including the Master Declaration, be recorded at the Registry of Deeds. He asked if condition 2 requiring repaving be required only if the existing pavement is disturbed during construction. Attorney Bresnick said the Master Declaration would have to be amendable to a certain extent, but suggested adding a condition that any amendments not substantially derogate from the original declaration and the special permit. Motion: To close the public hearing (Sullivan - Bonda) All in favor. PASSES Motion: To approve the special permit according to the draft decision with the above additions to the conditions to require repaving of the intersection only to the extent the existing pavement is disturbed during construction, to allow for outside dumpsters during construction, to include all documents, including the Master Declaration and plans, in the recording of the special permit at the Registry of Deeds, and to make a new condition that amendments made will not derogate from the original Master Declaration or the special permit. (Sullivan - Trombetta) Planner Trombetta - In favor. The plan complies with the zoning by -law and I am satisfied with he amendments made to the Master Declaration and special permit Planner Flynn- In favor. This is an efficient use of the land, is in harmony with the neighborhood and complies with the zoning by -law. Planner Bonds- In favor. This is a good use of the land and the applicant has addressed all board and staff comments Clerk Sullivan -In favor. The applicant has worked with the board to develop a good residential compound, which is preferable to a traditional subdivision. Planner Dolan - In favor. The applicant has addressed all of the board's concerns Chairman French - In favor for all of the above reasons. All in favor. PASSES 6. Correspondence 1. Minutes of March 15, 1995 Motion: To approve as written (Flynn- French) All in favor. PASSES 2. Minutes of March 22, 1995 Motion: To approve as amended (Dolan - Bonda) Five in favor. One abstention. PASSES 3. Plymouth Street (Cabot Business Park) Plan David Grant explained the plans had been approved and signed, but not recorded. Motion: To re -sign the plans and the certificate of no covenant (Sulivan- Dolan) Five in favor. -One abstention PASSES 4. Memo from Shaun Burke to William Williams RE: Old Maple Street lot 5. Memo from Planning Board to Ed Sliney RE: Eastfield Village blasting 6. Memo from Planning Board to Arthur O'Neill RE: Eastfield Village traffic count 7. Letter from Shaun Burke to Paul Folkman RE: Eastfield Village water pressure 8. Letter and article from Chris Trombetta 9. ZBA decision - Epstein - Granted 10. Memo from MBC RE: elections 11. Memo from Shaun Burke to William Williams RE: Gonsalves property 12. Letter from Shaun Burke to Karl Clemmey RE: site plan 13. Letter from Shaun Burke to Jack Smith RE: Hodges Brook 14. Letter from Bert Cook to Thomas McDonald RE: 945 East Street zoning violations 15. Memo from Shaun Burke to William Williams RE: March 27 planning session 16. Town Meeting Articles Motion: To support street acceptance of Articles 41, 42, 45, 46, 47, 49, 50 on the Annual warrant, and Article 8 on the Special warrant (Sullivan - Flynn) All in favor. PASSES Motion: Not to support street acceptance of Articles 43, 44, 48 on the Annual warrant (Sullivan - Flynn) All in favor. PASSES Article 32 Wetland /Waterbody Setback The clerk read a letter from Mr. Burke to Atty. Mangiaratti and a letter from Atty. Mangiaratti to Mr. Burke saying amendments can be made on Town Meeting floor, and the advertisement was sufficient to identify the article. Chairman French was concerned about the impact fee article and this one being back to back, saying there will likely be a fight on this article, which will set a bad stage for the impact fee article. He suggested withdrawing Article 32 for now and refining it in order to avoid amending it from the floor. Mr. Burke agreed, saying both articles are important, but the impact fees article is more significant. He also mentioned he had spoken with Richard Lewis, who said 310 CMR is being amended concerning soils, and this may conflict with the amendments. Motion: To withdraw Article 32 (Sullivan - Flynn) Four in favor. Two opposed. PASSES Motion: To support Article 33 - Impact Fees (Sullivan - Flynn) All in favor. PASSES Planner Flynn would like to amend to include reference to conservation land and— open -- space Motion: To amend Article 33 to add references to conservation land,artd —egen —space (Sullivan - Bonda) All in favor. PASSES Motion: To support Article 3 Transfer of Funds for a Master Plan Update on the Special warrant (Sullivan - Bonda) All in favor. PASSES Motion: To support Article 4 Transfer of Funds for an Impact Fee study on the Special warrant (Sullivan - Bonda) All in favor. PASSES Motion: Not to support Article 24 Sale of W. Mansfield Fire Department on the Annual warrant (Dolan - Sullivan) Two in favor. Four opposed. FAILS Motion: To support Article 24 Sale of W. Mansfield Fire Department on the Annual warrant (Bonda - Trombetta) Four in favor. Two opposed. PASSES Motion: Not to support Article 25 Sale of the Mystic Club on the Annual warrant (Flynn- Sullivan) All in favor. PASSES Motion: Not to support Article 26 Sale of the John Berry School on the Annual warrant (Flynn - Bonda) All in favor. PASSES Motion: To support Article 27 Sale of Four Lots on N. White Pine Lane if the proceeds go toward the 6. Around the Table Planner Bonda asked about the status of Weaver Lane. Mr. Burke told her he had spoken with Mr. Folkman, who is waiting to hear from Dr. Aldinger. Chairman French mentioned Karl Clemmey had asked for a reconsideration of the retention of $2,000 of his Woodlot ( Estates filing fee. Consensus was to not reconsider the original decision. 7. Adjournment Motion: To adjourn at 11:35 P.M. (Flynn - Bonda) All in favor. PASSES Date of next meeting: April 19, 1995 at 7:30 P.M. Sig ature of Clerk Date of Approval purchase of conservation land (Sullivan - Flynn) Motion Withdrawn Motion: To reconsider votes on Articles 24 -27 (Sullivan - Flynn) All in favor. PASSES Motion: To establish a policy the Planning Board is not generally in favor of the sale of town -owned land, but if it is sold, the proceeds should go toward the acquisition of open space land. (Sullivan - Flynn) All in favor. PASSES Motion: To support Article 53 a gift of land from Edith Alfieri (Flynn - Bonda) All in favor. PASSES Motion: Not to support Article 54 a gift of land in the Hallett Crossing II subdivision (Sullivan - Bonda) All in favor. PASSES 6. Around the Table Planner Bonda asked about the status of Weaver Lane. Mr. Burke told her he had spoken with Mr. Folkman, who is waiting to hear from Dr. Aldinger. Chairman French mentioned Karl Clemmey had asked for a reconsideration of the retention of $2,000 of his Woodlot ( Estates filing fee. Consensus was to not reconsider the original decision. 7. Adjournment Motion: To adjourn at 11:35 P.M. (Flynn - Bonda) All in favor. PASSES Date of next meeting: April 19, 1995 at 7:30 P.M. Sig ature of Clerk Date of Approval