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HomeMy WebLinkAboutPlanning Brd Min_12181996i Planning Board Minutes of December 18, 1996 Present: H. Thomas French, Jr., Chairman; John Sullivan, Clerk; Planners Marydee Flynn, Thomas McShane and Ralph Penney; Shaun P. Burke, Director of Planning and Development Meeting called to order at 7:30 p.m. Correspondence: 1. Memo from Dan Clifford re: recommendation that surety in the amount of $156,594.02 be set for George Fram Estates 2. Form J Release from Covenant for George Fram Estates, Lots 1 -19 Paul Folkman presented the board with deeds for two parcels of land within Fram Estates which are being donated to the Town. He stated that there will be a slight delay in posting surety because all the required signatures were not able to be obtained at the closing. The closing attorney is holding all documents and the funds will be released within the next few days when all signatures are received. At that time, surety will be posted. Since the board would not be meeting again for three weeks, Mr. Folkman requested that the Form J be signed and held until such time as surety is posted. Mr. Burke recommended that this be done in order to avoid a three week delay. Motion: To set surety at $156,594.02 for the George Fram Estates (Sullivan - Flynn) All in favor. PASSES 5 -0 Motion: To sign the Form J, contingent upon the book and page number for the recording of the Covenant being added, and to hold until surety is posted. (Sullivan- McShane) All in favor. PASSES 5 -0 3. Minutes of December 4, 1996 - board members stated that they had not received a copy and requested that approval be held until the next meeting. 4. Copy of memo to Board of Selectmen re: Foxborough Zone II 5. Copy of letter to Folkman & Zola re: Weaver Lane 6. Copy of letter to Board of Selectmen supporting Mr. French's reappointment to the Planning Board 7. Copy of memo to Board of Selectmen re: Fulton Pond Dam 8. Copy of memo to Rick Bodio re: Jameson Court sidewalk 9. Copy of letter to ZBA re: Old Colony Motors 10. Public Hearing Notice - North Attleborough ZBA Correspondence (Continued) 11. Public Hearing Notice - Foxborough ZBA 12. Mass. Forest Stewardship Program announcement 13. The Beacon 14. "Planning" magazine 15. Hit Show Club discount coupons 16. Dept. of Housing & Community Development job posting 17. Request for partial release of surety - Sturbridge Estates Recommendation to deny; meeting will be held with developers after the holidays to review the request. Motion: To support the recommendation to deny the request (Sullivan - Penney) PASSES 5 -0 18. Request for partial release of surety - Steams Hill Estates Phase III Motion: To release $15,539.30, leaving a balance of $68,429.59 (Sullivan- Flynn) PASSES 4 -0 -1, with Mr. Penney abstaining 19. Request for partial release of surety - Hodges Brook Estates Recommendation to deny; work not complete. Mr. Burke advised the board that he is looking for a vote to hold a modification/recission hearing on January 8, 1997 on Phase I and possible approval of recission of remaining lots in Phase II Motion: To set a default public hearing for January 8, 1997 at 8:30 p.m. (Flynn- Penney) PASSES 5 -0 20. Request for partial release of surety - Stearns Hill Phase I Motion: To release $16,360.72, leaving a balance of $47,487.34 (Sullivan - Flynn) PASSES 3 -0 -2, with Penney and McShane abstaining. 8:00 p.m. Review of Site Plan Landscaping Modification - Soccer Bubble Andres Gazollo stated that the layout was established before they knew much about "bubbles" and that they are now trying to remediate problems and to change some areas to make the plan more logical. Christopher Linde, landscape architect of Payne/Linde Associates, reviewed the plan presented in August of 1993, as well as an aerial view showing pre- existing condition of the property before Mr. Gazelle purchased it, showing an abandoned tree farm. He stated that existing plant materials along the perimeter were salvaged during the clearing process and they are now looking for revisions to the landscaping only. He further stated that they have experienced a high incidence of malicious vandalism and the installation of security systems has made it necessary to revise the landscaping to provide for greater visibility on the part of the police, video cameras and the beams of the security system. 2 Mr. Linde showed a photographic essay and panoramic views taken into and out of the site. Mr. Gazollo stated that during storms, tree limbs come down and act as harpoons when they blow into the Bubble. When the original landscape plan was done, consideration was not given to the fact that the structure was inflated fabric and that honey locust trees have 2 1/2 inch thorns and grow to 60 feet with a spread that will be into The Bubble. John Sullivan of the Planning Board stated that the main concern was buffering from surrounding areas. Mr. Penney asked if they were proposing any trees right around The Bubble and was told they were not. He asked what was originally on Route 140 at Reservoir Street and Mr. Linde responded that there were no plantings in that area - -only existing vegetation. Some of the trees in that area have been taken down, but the black locust has re- seeded itself. The evergreens are gone. Mrs. Flynn asked if the revisions have to meet 1993 standards or the current standards. Mr. Burke said they only have to meet those of 1993, but that the applicant is attempting to meeting 1994 standards. Mr. Linde stated that the 1993 and 1994 standards don't take into account existing trees and that the by -law is not specific in recognizing existing trees. Mr. Sullivan said that they were taken into consideration. He stated that he is not concerned with the buffer in back, but the strip along the roadway is a concern to him. Mr. Linde said that the number and size of what's there now should satisfy the by -law regulations. Mr. Sullivan pointed out that the approved plan says that the existing trees were to remain and they didn't. The original plan shows 150 trees and now only about 50 trees are shown. Mr. Linde explained that everything in there will stay and that they are attempting to put in bank stabilization and color and that the plan doesn't take the topography into consideration. He reviewed what was existing and what was planted, pointing out where trees were added to plug visual holes. He explained that a management plan would be necessary for the "whips" and other vegetation in the front of the property to grow out. A schematic elevation showing the visual access to the site by the police was presented. Mr. French asked what the timeframe would be to complete the revisions and Mr. Gazollo said they would be done in the spring. Mr. Penney suggested that in light of the amount of information presented it would be good to walk the site and see what's there now. He expressed a concern that there should be more evergreens in the front, since during the winter months it looks rather barren. Karl Clemmey, an abutter to the property, asked if letters received from his wife and daughter had been read into the records. He contended that the landscaping required was never done and that he would like to put together all the letters his family has sent prior to the Board's making a recommendation, Board members generally expressed that their concern was the landscaping along the front of the property on Route 140 and the need to buffer a commercial enterprise from the roadway. Mr. French expressed concern about how long this process has been going on. The consensus of the board was for the applicant to come back with a revised plan along the Route 140 side, taking the existing plan and overlaying a plan showing new plantings, and to work out a date with Mr. Burke for their next presentation. The presentation and discussion ended at 9:37 p.m. Site Plan Discussion - 43 North Main Street Michael Trowbridge of Hutchins/Trowbridge presented the site plan, showing the removal of the existing garage with the driveway remaining in the same place. The 10 foot chainlink fence would remain, as would the existing pines. He showed the parking plan and pointed out that they were working around a 6 foot diameter beech tree which they wanted to save. Drainage calculations were provided and Mr. Trowbridge stated that they were designed for a 25 year storm. The property is located in the Downtown Business Zone and is conforming. He further stated that they are trying to keep everything as far away as possible from adjoining properties. Mrs. Flynn asked if the look of a house will be retained rather than changing it to look like a real estate office. Mr. Trowbridge stated that all the changes will be in the back part of the building and that the appearance from North Main Street will remain the same. Mr. Sullivan read the comments submitted from various town department heads. Mr. McShane asked what the sign for the new office would look like. Mr. Trowbridge said that he doesn't know, but the sign would be a separate permit through the Building Department. Mr. Penney stated that he was happy to see that parking is in back and off the street and that the older vegetation is being saved. He expressed a concern about lighting and what the effect would be on other property, particularly the apartment building for the elderly in the rear of this property. Mr. Trowbridge pointed out that the vegetation is 20 -30 feet high and that new lighting to be installed would be directed downward. Mrs. Flynn stated her concern that the front bushes were not shown on the plan and that she would like to see it noted on the plan that the vegetation will not be removed along the front, back and side of the property. Mr. Sullivan and Mr. Penney both questioned the need for a stop sign on private property and requested that it be reconsidered in sending a recommendation to the building inspector. Motion: To send a positive recommendation to the building inspector, asking that the need for the stop sign be reconsidered, that the location of the proposed business sign not be shown on the plan as no details of the sign are available, that existing vegetation be kept and pruned only as necessary to allow pedestrian travel along North Main Street, and that lighting will be angled downward so as not to reflect on adjoining property. (Sullivan- Penney) PASSES 5 -0 This portion of the meeting ended at 9:55.p.m. and review of correspondence was continued. Correspondence 21. Form J release - Lots 19 -29, 46 -47 & 55 of Mill Farm Estates. This Form J signing was requested to correct the previously signed Form J which contained an incorrect book and page number of recording Motion: To sign the Form J as requested. (Sullivan- Penney) All in favor. PASSES 5 -0 22. Memo re: surety amount for Keli Green Motion: To set the surety at $78,702.63 which contains the 10% contingency. (Sullivan- Flynn) PASSES 4 -0 -1 with McShane abstaining. 23. Form J release - Keli Green Motion: To sign the Form J, after the book and page number are filled in. (Penney - Flynn) PASSES 4 -0 -1 with McShane abstaining. 24. Memo re: surety amount for Winslow Estates Motion: To set the surety at $66,630.30 which contains the 10% contingency and 30% retainage for leveling of asphalt. (Sullivan- Penney) PASSES 5 -0 25. Application of Roger C. Mitchell for a variance for a two -car garage /workshop addition at 20 Hemlock Lane with less than the required sideyard setback in the R2 Zone - The board reviewed the application and determined that by reducing the size of the proposed garage, no variance would be needed. Motion: To send a negative recommendation to the ZBA with the comment 5 that by reducing the proposed structure to 24 feet, the size of a standard 2 -car garage, no variance would be necessary. (Penney - Flynn) PASSES 5 -0 26. Letter from Libby & Associates re: Lot 93 Forest Park -19 Victoria Lane: Form J Release and Affidavit. Mr. Burke explained that Lot 93 was left as an open space lot on the approved subdivision plan and that at the end of three years, the town did not exercise its option to purchase the lot. The property has changed hands three times in the interim and everyone has assumed that it was released. This attorney just picked it up in doing the title search and has requested that the Form J and Affidavit be signed. Motion: To sign the Form J and to have Mr. Burke sign the affidavit. ( Sullivan- Penney) PASSES 5 -0 27. Memo re: photo appointment for annual town report - members agreed to be present at 9:30 a.m. on Saturday, January 11, 1997 to have the board photo taken. Master Plan members will also be contacted so that the photo of each board can be taken back -to -back. This appointment to be added to the Planning Board pending business list as a reminder. 28. Memo from Selectmen's secretary requesting review and recommendation on waiving a portion of the special permit filing fee for Mayhew Farms residential cluster - Mr. Burke recommended that the fee should be reduced to compare with traditional subdivision filing fees to encourage developers to go to a cluster. Mrs. Flynn said she would support this request for a fee waiver, but would like to review other towns that have done cluster developments to see what their experience has been. Motion: To recommend to the Board of Selectmen that the fee for the Mayhew Farms cluster subdivision be reduced from $14,000 to $9,000, provided that the plan is submitted as a cluster development and includes all the open space and to notify the Board of Selectmen that the Planning Board is currently evaluating their request for a recommendation regarding filing fees in general. (Penney- McShane) PASSES 4 -1 with Flynn opposed. 29. Letter from Max Volterra re: adult entertainment licenses 30. Copy of letter from Board of Selectmen re: reappointment of Mr. French to the Planning Board. 31, Copy of letter re: Stearns Hill Estates Phase III paving 32. Copy of letter re: George Fram Estates paving 33. Copy of letter re: Winslow Estates paving 34. Copy of letter from Town Counsel re: Lot 1 Wayfield Subdivision - board members requested that a copy of the letter from the building inspector which initiated the legal opinion be sent to them in their next mailing, along with a copy of Town Counsel's opinion 1 Around the Table Mr. Penney asked Mr. French to report on the presentation that had taken place at the Selectmen's meeting regarding the train station proposal. Mr. French expressed his belief that, as presented by Joe Ditchman at the Selectmen's meeting, it is a positive plan. The number of parking spaces is still to be worked out, but the plan encompasses many of the things the Planning Board and Master Plan Committee have talked about. He thought it was the best plan he had seen yet. Mr. Penney concurred from what he has seen and expressed a belief that the town should not be in the business of operating parking lots. Mr. Penney also suggested that a new train station at the north end of town and the new town hall at the south end could serve as anchors to a revitalized downtown. Mr. Burke advised the board that Mr. Ditchman has come into the Planning Department and has an interest in the project as a businessman. He is aware that the project is ten years old and would like to bring it to closure in a way that protects the neighborhood and improves the situation. Mr. Penney asked if there would be an opportunity for the Planning Board to convey their thoughts to Mr. Ditchman. Mr. Burke advised the board that there is an 11x17 copy of the plan in the Planning Department and that most issues will be worked out in site plan approval. The board expressed its interest in becoming involved in support of the plan and discussed ways to best offer their input and expertise. Motion: To send a letter to Joe Ditchman, advising him of the board's interest in the project, and asking if he would like to meet with the board for a presentation,with a copy of the letter going to the Board of Selectmen. (Flynn- McShane) PASSES 3 -2 with Sullivan and Penney opposed. Mr. Sullivan and Mr. Penney stated that they were not opposed to having a presentation, but that they didn't want Mr. Ditchman to think that he is dealing with two different groups, rather than dealing with "the Town." Motion: To send a memo to the Board of Selectmen asking that the Planning Board be allowed to comment on the plan that was presented. (Penney- Sullivan) Amendment: To have Mr. Burke send a letter to the Board of Selectmen stating that the Planning Board is pleased to hear that many of the comments raised by the Planning Board and Master Plan Committee appear to be addressed and asking that as plans progress, they be given an opportunity to meet with Mr. Ditchman for a presentation. (Penney- Sullivan) PASSES 5 -0 Motion: To reconsider the motion to send a letter to Mr. Ditchman. (Flynn - Penney) PASSES 4 -1 with McShane opposed. Motion: To send a letter of interest and support to the Board of Selectmen and for Mr. Burke to call Mr. Ditchman, advising him of the Planning Board's interest in the project and willingness to participate. 7 (Sullivan - Flynn) PASSES 5 -0 Motion: To send a letter to the Board of Selectmen thanking them for being concerned about our Zone II and how quickly they put up "no salt" signs. (Flynn- McShane) PASSES 5 -0 Adjournment: Meeting adjourned at 11:20 p.m. / Ai/ . Signature of Clerk Date of Approval Date of Next Meeting: January 8, 1997 1.1