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PLANNING BOARD M[NUTES t �A NSF 11 -1 l
July 19, 1995 MASSACHUSETTS
PRESENT: Chahman French, Clerk Sullivan
PLANNERS: Bonda, Dolan, Flynn, McShane, Trombetta
Shaun P. Burke, Director of Planning and Development
1. Meeting called to order at 7:30 P.M.
2. Public Hearing Continued - Eastfield Village
The clerk read a letter from the applicant requesting the public hearing be
continued to August 2, 1995 at 7:30 P.M.
Motion: To continue the discussion until August 2, 1995 at 7:35 P.M.
( Bonda- Sullivan) All in favor. PASSES
3. Site Plan Review - Bombalini's Restaurant - Pratt Street - Jack Riccio
The clerk read new correspondence, including the board's concerns. Ralph
Maloon, -RIM Engineering, addressed the punch list items, pointing out he had
added the distance between the driveways, details of stone planters, a do not
exit sign, a right turn only sign, a hooded and locked dumpster, a grease trap to be
under the plumbing code, landscaping, and a siltration fence to the plan. Mr.
Maloon said with the planters, two parking spaces were lost, and Mr. Riccio plans
to have six, not four, employees on the largest shift, which brings the restaurant's
capacity from 96 to 80 people.
Board Comments
Planner Dolan said he did not see a problem with a right turn only sign, though Mr.
Maloon said that may be a problem when cars are being unloaded for the
dealership across the street.
Clerk Sullivan asked where the two extra employee spaces would be. Mr. Maloon
answered they would be in the general parking lot. Clerk Sullivan said the grease
trap should meet the Building Inspector's code and that the exterior lights should be
shielded.
Planner Flynn asked if Fire Chief Ed SUney had looked at the plan now that it had
better vehicular access. Mr. Ivialoon said he had not. Planner Flynn asked if the
floor plan would change with the lower capacity. Ivh•. Maloon said it would, and
80 would be capacity for the restaurant and lounge together.
Planner Trombetta asked when the applicant planned to begirt construction. Mr.
Burke had spoken with Mr. Riccio, who said the would like to begin this summer.
Planter McShane asked if the applicant had discussed overflow parking with the
neighbors. Mr. Maloon said he did not think so, but thought it was a good idea.
Chairman French suggested moving the do not exit/entrance sign to the west side of
the driveway. Mr. Maloon said he would.
Motion: To send the Building Inspector a positive recommendation noting that
the plan dated July 18, 1995 now has a seating capacity of 80 with six
employees, that the do not exit/entrance sign should be moved to the west
side of the driveway, that the exterior lights be shielded, that the grease
trap be sized to the Building and Plumbing Inspectors' code requirements.
(Sullivan - Flynn) Six in favor. One abstention. PASSES
4. Correspondence
1. Form J Balcom Ridge Estates Phase U
Motion: To sign the Form J Release
(Dolan - Sullivan) Ali in favor. PASSES
2. Letter from Attorney Mark Bobrowski RE: Kelli Green
Attorney Bobrowski suggests the board sign the plan and also suggests adding
language to the by -law to help prevent this situation from happening again,
Motion: Based on the advice of special counsel, to endorse Kelli Green
(Sullivan - Dolan) ,
Planner Flynn asked if the developers had agreed to the four year tolling
Attorney Bobrowski suggested. Mr. Burke said they did, and he thought four
years was a reasonable time frame. - - -- -
Six in favor. One abstention. PASSES
3. Letter to Board of Selectmen from Bella Vista Avenue residents RE: traffic
4. Letter to Board of Selectmen from Police Chief Arthur O'Neill RE: traffic
5. Letter from EPA to William Williams RE: Ware Street
5. 'Discussion of Residential Compound - Branch Street - Greg Spier
Michael Trowbridge, Hutchins - Trowbridge Associates, came to the board to
discuss a three lot, 410 foot private drive residential compound with 12.86 acres of
open space before filing a preliminary plan. He said the applicant had requested a
partial fee waiver from the Board of Selectmen because he will have so much extra
open space, and under the residential compound fees, would have to pay
considerably more than for a traditional subdivision.
Clerk Sullivan asked how far off the lot lines the driveway would be. Mr.
Trowbridge told him it would be 10 feet and he proposed to keep it at grade and
would try to keep the area as natural as possible, using natural drainage.
Planner Flynn asked if the applicant could do a traditional subdivision on the site.
Mr. Trowbridge said he could, but preferred the compound idea and was willing to
give the open space to the town or put it into a non - profit association.
Vfl•. Burke suggested the land could provide pedestrian access through Bay Brook
Farm to the schools. He said the town was discussing the need to acquire land
near the schools in order to satisfy tine state requirements for land area and
suggested the applicant contact Dr. Nicoletti to discuss using this land.
Mr. Burke asked if the site was on town sewer. Mr. Trowbridge told him it is not.
Clerk Sullivan asked if test holes had been done. Mr. Trowbridge said they have
been clone in the front but not in the back, where he knows tire ground water is
- - MW. rte. Clerk Sullivan asked if the land was under one ownership. Mr. Trowbridge
explained it is not currently, but will be. Mr. Burke reminded him one of the
regulations is that the land be in one ownership when the plan is filed.
Clerk Sullivan said he would like to see the rest of the wetlands in the open space,
structures on adjacent properties and a buffer on the plan.
Planner McShane asked about the rationale behind doing a residential compound.
Mr. Trowbridge said it would cause less disturbance to the area.
Mr. Burke suggested getting in touch with the School Department to see if they
could use the open space land, and that way the applicant could dispose of part of
the filing fee by getting rid of some of the land up front. He said it would be in the
town's and the client's best interest to reduce the filing fee, which is intended to
cover review of plans, not to discourage filing. He said a residential compound
would be of greater benefit to the town because it would be a private way and
preserve open space. He -added this plan is not extensive enough to charge such a
high filing fee.
Planner Flynn said she was not in support of waiving the filing fee, as it would not
be a good precedent.
Planner McShane said he did not think the filing fee should encourage developers
to do higher density projects. He asked if the applicant had tested for ground
contamination. Mr. Trowbridge said they had not done testing yet.
Motion: To send the Board of Selectmen a letter asking them to consider lowering
the filing fee as a result of the preservation of open space in excess of the
requirement, the minimal impact on wetlands, the reduced public
expenditure as compared to a traditional subdivision, and the board's
feeling that the filing fee should not act as a disincentive to a residential
compound. (McShane- Dolan) Six in favor. One opposed. PASSES
6. Public Discussion
Charles Geis, Massapoag Estates resident, said he was concerned about the
drainage ditch at the subdivision. Mr. Burke said he had spoken with several of the
residents and had put them on the agenda for August 2, 1995 to discuss the issue.
7. Weaver Lane Discussion
Chapman French was concerned the unresolved issues in the road had been going
on too long. The clerk read a letter from Paul Folkman regarding his contract with
Dr. Aldinger. Ivh•. Folkman expects final design by the end of July and the project
to be completed by September 1, 1995. Mr. Burke suggested the board accept the
dates for design by the end of July and completion by September 1, but to identify
September 13, 1995 as a public hearing date and notify Mr, Folkman that if the
work is not clone by September I the board will hold the public heating to final him
in default and take the remaining surety for Sturbridge Estates.
Clerk Sullivan requested having ivh•. Folkman submit the design to the Town
Engineer before the board's August 2, 1995 meeting, and the plans come before
the board at that meeting.
Motion: Based on Mr. Folkman's letter of July 19, 1995, the Planning Board
expects the design plan to be submitted to the Town Engineer and
Planning Director on or before July 31, 1995 to be presented at the
August 2, 1995 meeting. To have construction commence by August 16,
1995 and to be completed no later than September 1, 1995.
(Sullivan - Dolan) All in favor. PASSES
Motion: To set a tentative public hearing date of September 13, 1995 at 7:30
P.M. if the roadway repair is not completed by September 1, 1995 to
discuss taking the remaining bond money ,
(Sullivan - Dolan) All in favor. PASSES
s. Discussion of Planning Board Meeting Curfew and Site Plan Comments
a. Planning Board Meeting Curfew
Chairman French said the board has a lot of regular business to take care of at its
meetings and was concerned that with Master Plan in the fall, the board might bum
out quickly without a time limit on Planning Board meetings.
Planner Dolan suggested not starling anything new after 11:00 P.M. Chairman
French was concerned that would leave agenda items undiscusssed. Planner Dolan
suggested starting at 7:00 P.M. with correspondence. Planner Trombetta suggested
putting correspondence not requiring action from the second file into the next
week's file.
Chairman French asked what the board thought about putting a time limit on public
hearings, then continuing them. Clerk Sullivan said that would extend public
hearings. Planner Trombetta suggested controlling public hearings by giving the
applicant so much time to speak, then those in favor and those opposed, and not
allowing debate between the neighbors and the engineer. Clerk Sullivan said
comments should be directed to the chairman.
Chairman French suggested setting a time limit on ZBA application discussions.
The board agreed to limit discussion to five minutes.
b. Site Plan Public Discussion
Chairman French said by opening site plan discussions to public comment, the
board gets information it may not otherwise know, but said these discussions are
not public hearings and asked if the board thought they should accept comment.
Planner Dolan said it is irnportant to hear from those affected. Clerk Sullivan
agreed, saying there is no other way for abutters to have input. Planner McShane
said he would not want the discussions to be more formal than they are, and the
board should decide which comments are useful, but did not think the board could
say it won't listen to the public.
Mr. Burke said it would be a significant policy change if it planned to allow open
public comment. He said the board has accepted written comment in the past.
Motion: For a period of four months, not to allow public discussion on site plans.
To have the chairman explain to the audience what has already been done
and who has reviewed the plans
(Flynn- Bonda) Three in favor. Four opposed. FAILS
Motion: For a period of four months, to allow public discussion, leaving it up to
the chairman to control the comments. To put the agenda on cable
television
(Dolan- McShane) All in favor. PASSES
Mr. Burke asked if the board wanted to move Around the Table to the front of the
agenda. Chainnan French said he would like to keep it at the end because it gives
the board a chance to discuss issues that come up during the meeting.
Chairman French suggested starting at 7 P.M. with correspondence and Form As,
then doing public hearings, while concentrating on being more to the point and
giving ZBA discussions five minutes, and not starting anything new after I I P.M.
9. Subdivision Rules and Regulations Amendments Discussion -
a. Sight Distance - Chairman French said the numbers in the Transportation and
Traffic Engineering Handbook are the same as the Bucks County requirements,
which are more up to date and conservative numbers than ASHTO. He said
today's cars are often shorter than the ASHTO figures assume. Planner Flynn
suggested using the more conservative numbers in the Transportation and
Traffic Engineering Handbook. Mr. Burke suggested adding that in no case
shall a sight distance of less than 250 feet be permitted.
Motion: To change the reference in the Subdivision Rules and Regulations to
the Transportation and Traffic Engineering Handbook, take out
ASHTO and use the Transportation and Traffic Engineering
Handbook numbers
(Dolan- Trombetta) All in favor. PASSES
b. Sidewalks - The board had discussed requiring two but leaving the board the
ability to waive one if two aren't necessary.
Planner McShane asked if the board could require sidewalks beyond the last
driveway opening and require a sidewalk all the way around the cul -de -sac.
Mr. Burke suggested making the regulation read "...around a cul-de-sac ... waives
one. The sidewalk shall be constructed according to the Standard Cross Section.
wheelchair... four feet."
Motion: To make the regulation read as suggested by Mr. Burke
(McShane- Dolan) All in favor. PASSES
10. Around the Table
Planner Flynn said the Board of Selectmen had talked at its last meeting about
asking Police Chief O'Neill to critique the closing of East Street. Mr. Burke said
he wasn't aware anyone had asked the chief to do anything, saying Cheif O'Neill
has already said he is not in favor of closing East Street because he wants his
officers to be able to get through. Planner Dolan said police cars would still be able
to get down East Street, it would be closed to regular through traffic. Planner
Flynn said he would like the Police Chief to have some information about what the
Planning Board has discussed. Planner McShane suggested inviting the Police
Chief, School Committee, Board of Selectmen, Municipal Building Committee,
and the Fire Chief to a Planning Board meeting to discuss various alternatives.
Motion: To invite the School Committee, Board of Selectmen, Municipal
Building Committee, Police Chief and Fire Chief to a meeting on August
16, 1995 at 7:30 P.M. ,
(Flynn- Bonda) All in favor. PASSES
- - -- Planner Bonda asked if the water pumps at Massapoag Estates had all been
installed. Mr. Burke said they had, though some had failed.
Clerk Sullivan requested changes to the cul -de -sac regulations 4.1.5.2 be put on the
Subdivision Rules and Regulations discussion, suggesting if there is no possibility of
extending, the right -of -way should end no closer than 100 feet from the line.
Chapman French reminded the board he would be going to the Board of
Selectmen's meeting on July 26, 1995 and invited other board members to join.
Motion: To sign the Woodland Park mylars
(Sullivan - Bonda) All in favor. PASSES
11. Adjournment
Motion: To adjourn at 11:15 P.M.
(Sullivan - Flynn) All in favor. PASSES
Date of next meeting: August 2, 1995 at 7:00 P.M.
Signature of Clerk Date of pproval