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HomeMy WebLinkAboutPlanning Brd Min_2141996PLANNING BOARD MINUTES February 14, 1996 n� �-Q 20 9' PRESENT: Chairman French, Acting Clerk McShane PLANNERS: Bonda, Dolan, Flynn Shaun P. Burke, Director of Planning and Development �.j, > 1. Meeting called to order at 7:30 P.M. Motion: To appoint Planner McShane Acting Clerk (Dolan - Flynn) Three in favor. One opposed. PASSES 2. Form A (ANR) Plans Bird Road - McDonald Mr. Burke explained the plan had been approved and endorsed by the board, but the board had asked the existing home and owner's names be shown. These items had been added, and the plan needed to be re- endorsed. Motion: To endorse the Form A (Dolan- McShane) All in favor. PASSES Mr. McDonald asked the board what it thought of a residential compound on his land. The board and Mr. Burke advised him to have an engineer sketch a traditional subdivision and a residential compound on the site, in order to show both, the differences, and how the compound concept would be better. 3. Correspondence 1. ZBA application for special permit - Osco Drug - Copeland - Chauncy -Giles The special permit application is for an alternate landscaping plan under Section 4.3.6. The clerk read a memorandum from Mr. Burke. Mr. Burke explained the plan does not meet the landscaping and buffering requirements, and explained the special permit provision for landscaping does not have hard and fast rules, since each site is different. He said this proposal would provide visual barriers, as all street sides would be screened except the side abutting the undeveloped parcel. Carol Reihlman, project manager for TF Moran, explained some parking spaces had been relocated to the drive - through side of the site and more landscaping had been added to the undeveloped side. This way, she said, there will be additional buffering and emergency vehicles will be able to get around the site. Planner Dolan asked about the No Left Turn sign leaving the site onto Chauncy Street. Ms. Reihlman said they would be discussing that and other issues with the Building Inspector after meeting with the ZBA. Planner Dolan asked if some screening could be added to the top of the retaining wall. Ms. Reihlman said she could look at adding some planters. At this point, Chairman French left the meeting to attend the Board of Selectmen's meeting. Motion: To appoint Planner Flynn Acting Clerk (Dolan - McShane) All in favor. PASSES Motion: To send the ZBA a positive recommendation on the site plan and suggest planters either on top of the retaining wall or next to it, if possible, be added. (Dolan- McShane) Three in favor. One abstention. PASSES 2. Memo from Mr. Burke RE: Street Acceptance Motion: To not send the Board of Selectmen recommendations on street acceptance until after the punch lists have been completed and the streets inspected. (Dolan - Flynn) All in favor. PASSES 3. Memo from Mr. Burke to Mr. Williams RE: Secretarial Services Planner Dolan said he did not like the idea of having someone other than the Administrative Secretary do Planning Board meetings, and did not think the overtime was comparable to that put in by other departments in town. He suggested sending the Town Manager a letter telling him the board will not function properly without a secretary at its meeting, but said how compensation is worked out is another issue. At this point, Chairman French returned. Motion: To send Mr. Williams a letter with the above concerns and Mr. Burke's comments with a copy to the Finance Committee (Dolan - Flynn) Acting Clerk McShane asked if there was another way to handle the issue than with scheduled overtime. Planner Dolan said the money involved was small compared to other departments. Mr. Burke said it would amount to around $2,000, and if the secretary were given compensatory time instead, he would be acting as very expensive secretarial support. Acting Clerk McShane suggested stressing that in the letter. Planner Flynn said using a secretary unfamiliar with the process makes it difficult for that secretary to be effective. Four in favor. One abstention. PASSES 4. Letter from Carole Clemmey RE: Players' Choice landscaping and buffering. Mr. Burke said the Planning Board does not have the authority to address a temporary certificate of occupancy for the structure. He said the primary issue for the board is once the board has made a recommendation on a site plan, and the plan is later amended, what happens? If the plan met the landscaping requirements and the change makes it non - conforming, what happens? He said site plan goes through the Building Inspector, the Planning Board makes a recommendation to him, and he was not convinced the Planning Board has the authority to enforce what was shown on the plan. Mr. Burke said he understands the second bubble would be the same size, thererfore requires site plan as an expansion of the existing facility of more than 15 percent, and a change of use requiring 10 or more additional parking spaces triggers the landscaping requirement. He asked if that would effect the new portion of the site, or the entire site. Mr. Burke also asked if the board decides the landscaping regulations are triggered by the expansion, would the bubble need a special permit from the ZBA, like Osco Drug? Planner Dolan said they had not seen any plans of the expansion of the bubble. Acting Clerk McShane said he did not think Mrs. Clemmey's question had to do with a second bubble, but is about an existing facility for which a landscaping plan was approved and never implemented. Mr. Burke said if there were dimensional regulations required by the zoning by- law which were not done, enforcement would be through the Building Inspector's office. He said if it does not conform, it could be amended by site plan or the applciant could seek a variance. Planner Flynn suggested writing to the Builidng Inspector and asking if the site plan meets the requirements of the zoning by -law. She was concerned the board had made its recommendation based on what was shown on the plan. Mr. Burke said if the item is required by zoning and is not there, enforcement is through the Building Inspector's office. If, however, the item is not required, and is shown on the plan, he asked how it would be enforced. Planner Dolan said he did not think something like that would be enforceable and suggested sending Mrs. Clemmey a letter suggesting she take the issue up with the Building Inspector. Acting Clerk McShane suggested sending the Builidng Inspector a letter asking why the facility has been there for 21 /2��years without being finished. Mr. Burke told the board there is a pr elision in the zoning by -law that if the Builidng Inspector's opinion differs f om the Planning Board's recommendation, he should notifiy the board within ays. Acting Clerk McShane said the Builidng Inspector did not disagree with the board's recommendation; the problem is with enforcement. 1-o rt FiLe vicer /ZAP_ ' A) eP TV Me /Ze_C47,(16- Mr. Clemmey said the letter only referred to the existing facility, adding the bubble owners had letters from the Police Department and an alarm company saying the landscaping and buffering may be a security risk, which he said should have triggered a special permit. Motion: To send the Building Inspector a letter asking whether the landscaping shown on the plan is required by zoning, and if it is, why has it not been installed. (Flynn- McShane) WITHDRAWN Motion: To send the Builidng Inspector a letter asking why no enforcement action has been taken on the lack of completion of landscaping (McShane - Bonda) Three in favor. Two abstentions. PASSES 4. Discussion of George Fram Estates with Paul Folkman The clerk read a letter from Mr. Folkman regarding amending the previously approved subdivision to be a cluster. Mr. Folkman explained he, his partner Jay Zola, and Peter DeGirolamo were planning to develop the site and currently have it under agreement with the current owner. Mr. Folkman and Mr. DeGirolamo were before the board to see what it would think about the concept, and to request a fee waiver, since it had been paid when the subdivision was originally filed. Mr. Burke said there is a cemetary at the northern entrance to the site. Ralph Maloon, RIM Engineering, said they were proposing a wall around the cemetary. Mr. Maloon showed the board plans showing the piece on the east side of the power lines as lots and the rest of the site as open space. He added they wanted to work with Montaup Electric to put the drainage in the easement. Regarding fees, Mr. Burke said 45 percent is for inspections, which were never done. The rest is for review, administration, etc. Mr. Folkman said he was asking for a waiver of the total fee. Mr. Burke said this would be a good opportunity to preserve the cemetary, which he thinks is still owned by the Fram family, and with a cluster,'the issues of easement and abutters are avoided. Mr. Folkman said he did not know what they would do with the road stub at the northern entrance, but that the land near the Canoe River would be kept as open space. Mr. Burke said the original plan shows the utilities looping through the site, and asked asked if the northern road were eliminated, would they still be looped or would the developer get an easement for that and grant it to the town later? Mr. Maloon said there is no easement shown for the cemetary. Mr. Folkman said according to Mr. Fram's lawyers, there are easements on either side of the north entrance. Mr. Folkman said he would like the project to be similar to Baybrook Farm, but would need some give and take with the board. Mr. DeGirolamo said the site is treed, and they are considering one sidewalk with Cape Cod granite. Mr. Folkman said the open space will probably not be left with a homeowner's association. Mr. DeGirolamo said they would be reducing the original 3,500 foot road to 1,500 with the cluster. Mr. Maloon said he expects the Conservation Commission to require them to stay as far away from the river as possible. Mr. French suggested ConCom would probably be interested in acquiring the land near the river. Planner Dolan said he liked the cluster idea. Acting Clerk McShane agreed and asked about the number of lots. There will be 19, which is not a decrease from the original plan. Mr. Burke said the fees are set by the Board of Selectmen, so the Planning Board cannot waive them, but can make a recommendation to the Board of Selectmen with the positive aspects of the concept. Mr. Folkman said they were asking the board to bend a little bit with the waiver of fees in exchange for 56 acres of open space along the river. Acting Clerk McShane said he had no problem recommending that. Mr. Burke said if the plan were filed today as a cluster, the fee would be about $30,000, but that would be more than balanced by the land the town would get. Planner Dolan said the Master Plan Committee had also been talking about acquiring more open space land. Acting Clerk McShane said the abutters had been concerned about the construction. Mr. Folkman said he had spoken to one, who was in favor of something happening on the site, but told him there were no easements. Mr. Folkman said Mr. Fram's attorneys produced documents saying there are easements, and Mr. Folkman said he is willing to work with the abutters. Acting Clerk McShane said the Master Plan Committee had been discussing encouraging cluster development, and this could be an example if the board is willing to be flexible and the developer is willing to be creative. Mr. Folkman said he would like to be able to get more creative. Planner Flynn said she was in favor but was concerned that Mr. Zola was not at the meeting, and the board did not know his feelings. Mr. Folkman said Mr. Zola and Mr. DeGirolamo had pushed the idea. Mr. DeGirolamo said he had been involved with clusters which worked out well in other towns. Planner Bonda said she was in favor of the cluster, but was concerned it be an attractive project. Mr. Folkman said the more attractive it is, the more marketable it will be. Acting Clerk McShane mentioned a new study released on electromagnetic fields, and suggested Mr. Folkman check it out. Planner McShane said it would be better for marketing that the road would not be running under the power lines. Mr. Burke said the idea is a good one, and said Baybrook Farm, an existing cluster in town, is more a neighborhood than a subdivision. Chairman French said the developer has the chance to do something good with this idea. Regarding the fees, he suggested the developer figure out what they would be, put some ideas together and come back to the board. He suggested a full fee waiver may be tough, considering the Finance Committee's requests on departmental budgets. 3. Correspondence Continued 5. Approved Smithfield Estates plan to be signed Motion: To sign the plan (Dolan- Flynn) All in favor. PASSES 6. Form I Smithfield Estates Motion: To accept the Form I (Flynn - Bonda) All in favor. PASSES 7. Minutes January 31, 1996 Motion: To approve the minutes as written (Dolan- Flynn) Three in favor. Two abstentions. PASSES 8. Minutes January 17, 1996 Motion: To approve the minutes (Flynn - Bonda) Planner Flynn asked that under the Cleveland Twist discussion, it be specified that the applicant would be restriping parking spaces near the platform and designating them as handicapped in order to meet the handicapped parking requirements. All in favor. PASSES 9. Letter from Chris Trombetta RE: Resignation from Planning Board 10. Memo from Dianne Royle RE: Chairmen's meeting 11. Memo from Mr. Burke RE: Park Row Parking decision 12. Letter from Mr. Burke to Attorney Mangiaratti RE: Day Care Centers 13. ZBA decisions 2. Form A (ANR) Plans Continued Osco Drug - ChauncylCopeland /Giles Mr. Burke explained the applicant would be turning four parcel sinto one and doing a land swap with and abutter. They are seeking to create one new lot line and extinguish a number of other lot lines, with the existing buildings to be razed. Motion: To endorse the plan (Dolan - Bonda) Acting Clerk McShane asked if the board should reference the conditions it recommended on the Osco site plan. Mr. Burke said this plan has nothing to do with the site plan and only says the lots shown conform to zoning. All in favor. PASSES .6. Town Meeting Mr. Burke said the warrant contained an article to buy additional parking near the train station. Acting Clerk McShane asked in light of the Cleveland Twist parking plan being approved, should that article be withdrawn? Mr. Burke said it could be withdrawn on Town Meeting floor. Mr. Burke said Town Meeting is scheduled for April 1, 1996 and he is unsure if it will be possible for street inspections and repairs to be done by then. 7. Public Comment Karl Clemmey said he would like to see an analysis of how much money is involved in the Fram Estates project. Chairman French explained the board had told Mr. Folkman to do that. Mr. Clemmey said the Planning Director is paid to do things like that; Mr. Burke responded that he would check the developer's figures when they are submitted, but would not do the work for him. 8. Around the Table Planner Flynn asked if the EOCD newletter had been received lately. Mr. Burke said it had not and said he would check on it. Town Manager William Williams entered the meeting at this point to inform the board that scheduled overtime would not be eliminated from the Planning Department's budget. Planner Dolan suggested a letter should still be sent to Mr. Williams and the Finance Committee with the board's concerns. Chairman French told the board he had met with the Board of Selectmen and other board chairman, and working on better communication was discussed. 9. Adjournment Motion: To adjourn at 10:30 P.M. (Dolan - Flynn) All in favor. PASSES Date of next meeting: February 28, 1996 at 7:00 P.M. Signatu of Clerk Date of Approval