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HomeMy WebLinkAboutPlanning Brd Min_1241996JAW 1 0 1997 PLANNING BOARD MINUTES December 4, 1996 PRESENT: Clerk Sullivan; Planners Dolan, Flynn, and Penney Shaun P. Burke, Director of Planning and Development Chairman French and arrived after the start of the meeting. Meeting called to order at 7:30 p.m. Motion: To nominate Mr. Dolan as Acting Chairman. (Sullivan - Flynn) 3 -0 -1 with Mr. Dolan abstaining. PASSES Fulton Pond Dam Restoration Lee Azinheira, Town Engineer, and Brian Thalmann and Ernie Rabidoux of Pare Engineering were present to discuss the plan for the restoration of the Fulton Pond Dam at West Street. They reported that last spring a sinkhole was observed behind the existing spillway which prompted an inspection. The dam had been breached two or three times over the years, but has never been rebuilt to a 100 year storm. The dam is classified as a small high hazard dam because if breached, West Street would also be breached. As such, a 500 year storm plan is called for, which is not practical. The State has allowed for a 100 year plan with the provision that the pond is lowered in the fall each year. The proposed plan for the new concrete dam calls for a 75 foot spillway, an increase of 20 feet over the present spillway. The proposed spillway crest is 1 foot lower than present and will safely pass 100 year storm requirements. The plan shows seven slots with control boards, with several trees to be removed and the crest regraded and seeded. There would be an access walkway across the top of the dam to allow the Highway Department to operate the gate structure. Mr. Penney asked if any borings of the earthen dam were planned. He stated that Fulton Pond is part of a very old network of ponds used when mills relied on water power. He also questioned whether the shorelines of homes abutting the pond would be affected. NO 80p //145 [UE.C'E //U`+Tg44LE A�D The engineers reported that„ the spillway would be regraded to a uniform level. The normal elevation is 148.5 feet, which would be gradually dropped by 2 feet over a period of two weeks each fall. There would be 4112 feet of freeboard in the summer and 7 feet in the fall. The pedestal with 7 foot long aluminum splash boards would be low maintenance and easy to operate. Mrs. Flynn asked how much the dam restoration would cost. Mr. Azinheira said the estimate is $246,000 with a $25,000 contingency. Mr. Sullivan questioned the necessity of removing 26 trees and suggested that a like number of trees be planted somewhere else in the area to compensate for the mature vegetation being destroyed. Mr. Burke asked when the work is planned for and how long it would take. It would be accomplished over one construction season, but there was a question as to when it could go out to bid based on whether it is first necessary to fund the project before bidding it. The pond level would have to remain at 146 feet during construction, which would require putting in a temporary dam. Mr. Burke commented that building a concrete dam, taking down trees and erecting a chainlink fence creates an industrial structure which would not be very attractive and suggested that something would need to be done to soften the impact to the area. Andres Gazzolo of the Finance Committee asked if the project could be done in phases to lessen the financial impact. The engineers responded that it was not practical and would drive up the cost significantly. Mr. Penney again suggested the advisability of test borings in the earthen dam and asked if that might save some money. The engineers said that it could possibly save money, but depending on what the borings show, the cost could also go up. The consensus of the Board members was that they would like to see some revisions made to soften the appearance prior to their making a recommendation to the Board of Selectmen. Motion: To suggest to the Board of Selectmen, Engineering and the Town Manager that borings of the earthen dam be taken during the design stage to determine the suitability, that the look be softened (textured finish, more natural looking fencing, saving more trees or planting additional trees to replace those destroyed), to provide a landscaping plan for the final project and that, while supporting the plan conceptually, to ask that the Planning Board be presented with a revised plan for review prior to their making a final recommendation. (Sullivan- Penney) 4 -0 -1 with Mr. French abstaining because he was not present during the presentation and discussion. PASSES Mayhew Farm Farms Preliminary Discussion Mr. French, resuming the chair from Mr. Dolan, opened the discussion. Bob Culleran of Hutchins - Trowbridge presented the plan for the proposed cluster development off School Street. The plan showed the ponds and brooks in blue, uplands in light green, and vegetated areas and trees in dark green. Mr. Culleran reported that the DPW has no plans for sidewalks on that side of School Street and he would be willing to do only one in the subdivision with the other one out on School Street. He also reported that Bert Cook said there would be no problem with a bus shelter being built. An abutter asked where the street was going to come out onto School Street and Mr. Culleran said the pavement will be 24 feet wide and the center line is staked. 2 Mr. French asked if the wetlands previously discussed had been approved and Mr. Culleran said they had done a site walk a couple weeks ago and three changes had been made to the areas flagged. Mr. Dolan asked if there would be a problem crossing the brook and was told a three -sided box culvert would be used. An abutter from 865 School Street said he is already having problems with flooding on his property with the water going underneath his driveway and that any backup in the river will affect his house. Mr. Culleran and neighbors discussed drainage in the area and the build up of silt. Neighbors also expressed concern about traffic patterns and sight distances in the area, with concern about flooding and freezing and cars sliding off the road in this area. Removing silt and silt traps were discussed and Mr. Culleran said they are scheduled to meet with the Conservation Commission December 9th. Mrs. Flynn asked if they had decided what they were going to do about a drainage area. Mr. Culleran said that Ralph Maloon is working on it and hying to come up with something creative, perhaps having the overflow go into the center pond. Q' Mr. Burke asked about the distance between the two wetland areas and was told it was 10 -20 feet. He also asked if going to a narrower road had been considered. Mr. Culleran said that he had found it too tight in working in other subdivisions when the road was any narrower. When asked why he had decided to go with a cluster development instead of a residential compound, Mr. Culleran said he has a couple of potential people and they preferred a cluster development. Neighbors asked the difference between the two types of development and Mr. Burke explained it to them. Neighbors agreed to meet Mr. Culleran at 4 p.m, the following afternoon to walk the property and Mr. French encouraged them to attend the Conservation Commission meeting on December 9th when these issues will be discussed further. Correspondence 1. Minutes of November 20, 1996 Motion: To approve as presented. (Penney- Sullivan) All in favor. PASSES 2. Letter from Ralph Maloon re: Weaver Lane catch basins. Mr. Burke showed the revisedplans submitted to which additional detail had been added. The source of the water has hopefully been identified and a double set of catch basins was installed. The double basins catch the surface flow where it comes out, which appears to be out of the grass strip or sidewalk. Motion: To approve the revised plan as a possible solution, with Pipe A going in front of Lot 5. (Sullivan - Penney) All in favor. PASSES 3. Letter from Massapoag Realty Trust re: spelling of "K/Night" Way Motion: To approve the developer's request to change "Night" to "Knight" Way. (Dolan- Penney) All in favor. PASSES 4. Letter from Michael Trowbridge requesting Planning Board support of the request to waive a portion of the filing fee for Mayhew Farms Motion: Not to send a letter of support to the Board of Selectmen because it is a matter between Hutchins/Trowbridge and the Board of Selectmen and is of no benefit to the Town. (Dolan - Flynn) All in favor. PASSES 5. Memo from Town Manager re: Foxboro Water and Sewer Commissioner Zone II re- delineation for Witch Pond Wells Motion: To recommend to the Board of Selectmen that we add the line to our Zone II map and send to Foxboro, asking them to reciprocate, and that we update our Zone II map and include the zones of abutting towns, extending our zones to show those of bordering towns. (Sullivan- Penney) All in favor. PASSES 6. Copy of letter to Board of Selectmen re: reappointment of Jim Burke to ConComm 7. Copy of letter to Board of Selectmen re: reapppointment of Tom French to Planning Board 8. ZBA Decision - Twin Oaks Associates for sign at 149 Oakland Street 9. ZBA Decision - Kevin Delaney for lot width at 447 West Street 10. Copy of letter from Board of Selectmen to Trader Realty Trust re: Lot 16 Tara Estates 11. Copy of letter to Board of Selectmen re: Night Way dispute 12. Copy of memo re: appointment of CIP representatives from Planning Board 13. Copy of memo to Dan Clifford and Lee Azinheira re: request for their input on subdivision regulations 14. Notice of proposed modification of Dept, of Housing & Community Development regulations 15. Public Hearing Notice - Norton Planning Board 16. Public Hearing Notice - North Attleboro Planning Board 17. Public hearing Notices - Easton ZBA 18. Public Hearing Notice - Attleboro Municipal Council/Planning Board 19. Public Hearing Notice - Attleboro ZBA 20. Planners Book Service catalog 21. Community Revitalization Training Center course schedule 22. Beals and Thomas newsletter 23. MIT Dept. of Urban Studies and Planning seminar notice 24. New England Economic Indicators, November 1996 25. SRPEDD Newsletter 26. MAPD meeting notice 27. ZBA Application of Frederick Armstrong for a Variance to allow access to Lot 72 Monahan Lane via frontage on 27 Necco Road which contains less than the minimum frontage Motion: To send a positive recommendation to the ZBA due to the hardship on the land. (Sullivan - Dolan) 5 -0 PASSES Mr. Penney left at this point in the meeting - 10:15 p.m. 28. ZBA Application of Joan Raymond for a finding for the alteration of a pre- existing, non - conforming structure at 59 Central Street in the R -3 Zone Motion: To send a positive recommendation to the ZBA (Dolan - Sullivan) 4 -0 PASSES 29. Surety amount for Stearns Hill Phase III - Colonial Drive Motion: To set surety at $83,968.89 which includes the 10% contingency (Sullivan - Flynn) 4 -0 PASSES 30. Memo from Assistant Town Treasurer notifying Planning Board of posting of surety for Stearns Hill Phase III - Colonial Drive in the amount of $83,968.89 31. Form J Release - Stearns Hill Phase III - Colonial Drive Motion: To sign the Form J releasing Lots 76, 77, 78, 79, 80, 81, 85 and 86 (Sullivan - Flynn) 4 -0 PASSES 32. Request for partial release of surety - Jameson Farm - in the amount of $26,645.00, leaving a balance of $5,168. Motion: To approve the release as requested. (Flynn - Dolan) 4 -0 PASSES 33. Request for partial release of surety - Canterbury Estates, Phase A & B, in the amount of $18,056.00, leaving a balance of $27,552.93 Motion: To approve the release as requested (Dolan - Sullivan) 4 -0 PASSES 34. Form J Release from Covenant and Form I (putting the lots back under covenant) for Winslow Estates Motion: To release from Covenant and put back under the new covenant (Flynn - Dolan) 4 -0 PASSES 35. Letter from Rick Bodio re: sidewalk problem in Jameson Farm Motion: To send Mr. Bodio a letter, thanking him for notifying the Board of the problem, and requesting that he have the problem taken care of by May 1, 1997 (Flynn - Sullivan) 4 -0 PASSES 36. November building permit report 37. Memo from Lance Lawson re: results and recommendations of signalization traffic study for intersection of Forbes Blvd. and West St. Board requested that a copy be send out in next mailing to be acted upon at next meeting 38. ZBA Decisions: Michael Carchedi for Variance at 68 Creedon Street with less than the required frontage in the R -2 Zone - Granted Christine Inglese for Variance at 44 Shields Street for sideyard setback for deck addition and for a Finding to allow for the alteration of a pre- existing non- conforming structure in the R -2 Zone - Granted Michael Bolea for a Finding at 136 Church Street - Granted 39. Memo from the Building Inspector re: modification of landscaping requirements on the site plan for "The Bubble" - on agenda for meeting of December 18th 40. SRPEDD meeting notice re: transportation enhancement grant application guide- lines (bike and bridle path) Around the Table Mrs. Flynn asked whether the Board has received a response from the Building Inspector regarding the Old Colony Motors site. Mr. Burke stated that it had gone to the ZBA the previous night and we had not yet heard anything on it. Leonard Flynn, a ZBA member in the audience, said that an old variance had allowed Old Colony to use the lot in question to park cars and that the previous vote had been to extend the use. At the ZBA meeting they heard a report from an arborist stating that the arborvitae required would not grow. With regard to the curb cut, the ZBA did not feel it was their responsibility - -it was the Town's problem. Old Colony now need a variance to change the type of trees. Motion: To send a letter to the ZBA asking that the Planning Board be copied on any additional submittals for the Old Colony Motors property for comment prior to the hearing. (Sullivan - Flynn) 4 -0 PASSES Public Comment Leonard Flynn reported on attending the SRPEDD meeting, at which they were advised that the progress report on the MBTA won't be concluded until the end of January or beginning of February. He also reported that under General Counsel legislative coordination of municipal land use review, anything over 90,000 sq. ft. will be taken out of local jurisdiction. Adjournment Motion: To adjourn at 10:45 p.m. (Dolan - Sullivan) 4 -0 PASSES Date of next meeting: December 18, 1996 at 7:30 p.m. llex7 ignature of Clerk Date of Approval Mr. Penney asked about doing a water line loop and it was stated that it is not being done because of the significant wetland crossing that would be involved.