Loading...
HomeMy WebLinkAboutPlanning Brd Min_3271996PLANNING BOARD MINUTES l March 27, 1996 PRESENT: Chairman French, Clerk Sullivan PLANNERS: Bonda, Dolan, Flynn, McShane Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. Discussion -155 East Street - Subdivision Ralph Maloon, RIM Engineering, showed the board sketches of a subdivision on the Gonsalves land, explaining his clients planned to work with the front of the site only, as the back is wet. The subdivision would have 850 feet of roadway and three 60,000 square foot lots, including one existing house. Mr. Maloon said his clients hoped to do a residential compound and showed the board three conceptual schemes. Planner Bonda arrived at this point, 7:45 P.M. Planner Flynn asked if more than the 40 foot buffer would be possible. Mr. Maloon said it would be possible, but the Land Collaborative has a 50 foot buffer next to this property, so the buffer would really be 90 feet. Chairman French asked where the Carrel home is located. Mr. Maloon explained it is 40 back from the site. Mr. Burke asked about the existing driveway; Mr. Maloon said it is gravel. Planner Flynn asked about the owner. Mr. Maloon told her it is owned by the estate of Richard Gonsalves. Planner Sullivan asked about the site's topography. Mr. Maloon explained it rises slightly for the first 100 feet, then pitches back. He said he can connect to sewer in East Street, but was not sure about water, adding there is a fire hydrant across East Street, which would be within 500 feet of the site. Mr. Burke suggested he contact the Fire Department. Planner McShane asked why the applicants wanted to do a residential compound. Mr. Maloon said a subdivision would require a lot of road for three houses. Applicant Phillip Eramo said he and his partner plan to live in the existing house while they build the other two, then rent out the first house. Planner McShane said he likes the residential compound idea because of its lower density and benefit to the town when land is donated. Mr. Maloon explained that with a cluster or compound, there would be no road, maintenance for the town. He said there had been interest in the back part of the 20.6 acres for additional school land, but did not know if that was still a need. Planner Flynn asked if there would be a homeowner's association; Mr. Maloon said there would be. Clerk Sullivan and Planner Dolan said they liked the third of Mr. Maloon's schemes. Mr. Eramo said the third scheme would be more attractive and would keep, a buffer of apple trees. Mr. Burke also liked the third scheme and said there had been a utility easement from the Bay Brook Farm subdivision to the town owned land for an eventual sewer connection. He suggested the applicants give the town an easement to the Robinson School for student use. Mr. Maloon said it may go through part of the wetland, but it could be done. Planner McShane said he was not sure a traditional subdivision wouldn't be a better idea for this site. Mr. Eramo said a compound would keep the area as open as possible. Motion: If the developer chooses to pursue a residential compound, the board suggests one similar to the third scheme presented, as opposed to the other two. (Sullivan - Dolan) Planner McShane said if the Planning Board is to give a special permit for a residential compound, it has to know the benefit to the community. He suggested including in the motion the applicant should justify the benefit to the community in the final application. He said the street not being owned and maintained by the town is not enough of a benefit. Mr. Maloon suggested a more direct path to the Robinson School would be a benefit. Planner McShane agreed. Four in favor. One opposed. One abstention. PASSES Motion: To reconsider the above vote (Sullivan- Dolan) Four in favor. One opposed. One abstention. PASSES Motion: If the developer decides to pursue a residential compound, the board suggests one similar to the third scheme presented, as opposed to the first two. The developer should also clearly show the benefit of such a development over a conventional subdivision plan. (Sullivan - Dolan) Five in favor. One abstention. PASSES 3. Discussion with Paul Folkman - George Fram Estates The clerk read a letter from Ralph Maloon, RIM Engineering, regarding schemes for the proposed cluster development. Mr. Maloon showed the board plans for landscaping at the entrance and islands, and a plan showing the existing trees. The cluster would use the front portion of the site, and the rest would be open space. Mr. Folkman said he was interested in green belt preservation, and would prefer the common land go to the town rather than a homeowner's association. He suggested that could be used as leverage for state funding for the purchase of other parcels and has spoken with Leonard Flynn of the Natural Resources Trust about giving the land to that organization or the town. Planner McShane asked if there would be access to the open space through the site. Mr. Maloon said there is currently a path, but no provision for a permanent easement. Mr. Folkman was concerned about the site becoming too tight, as he is keeping the development on one side of the power lines. Planner McShane told him the state would not accept a conservation easement unless there is public access. Mr. Folkman said he would research the options with Conservation Agent Dick Lewis. Planner McShane asked about the existing trees. Mr. Maloon said they would do their best to save as many as possible. Planner McShane said he appreciated the creativity put into the plan and hoped it would become a model. He asked if the abutters on either side of the driveway had been contacted. Mr. Folkman said he had not contacted any of the neighbors yet but would send them copies of the preliminary plan before filing the definitive plan in order to mediate any issues before the public hearing. Planner Flynn asked if Mr. Folkman's partner, Jay Zola, was in agreement with the plan. Mr. Folkman said both Mr. Zola and Peter DeGirolamo, another partner, are in agreement. Mr. Burke said he had spoken with Mr. Folkman and Mr. Zola about putting a conservation easement or deed restriction on the back 20 -30 feet of the Bird Road lots to prevent clearing. Mr. Folkman agreed. Mr. Folkman showed the board a plan of a mid - street island as a green space focal point for the homes in that area of the street, which would create a third focal point area, along with the two at either end of the street. Planner Flynn asked about the street width. Mr. Folkman told her it would be a 40 foot layout with a 22 foot pavement width. Planner Flynn said the mid - street island made sense. Clerk Sullivan asked about road contours; Mr. Maloon said they are two foot. Mr. Burke said he preferred the back cul -de -sac design over the first one, and mentioned he had received calls from residents concerned about school busses making the turn in the cul -de -sac. Mr. Maloon said busses would not have a problem making that turn. Planner Dolan said he had no problem with the mid - street island, and he liked the road layout better than a traditional straight subdivision road. Motion: To encourage the applicant to proceed in the direction the board has given, including: 1. Every house will have a focal point 2. Think about a signature feature, like a gazebo 3. Work out public access to the open space 4. Verify school busses will be able to turn around in the cul -de -sac 5. Re- design the first island 6. Work out a conservation easement or deed restriction on the back - of the Bird Road lots. (McShane - Sullivan) All in favor. PASSES Mr. Folkman discussed the fees filed for the original subdivision, the fee for a traditional subdivision today, the fee for a cluster today, and the fee for a cluster, not including the open space. Mr. Folkman requested the Planning Board send the Board of Selectmen a letter of support for a fee waiver, exclusive of the advertising and mailing costs. He said the town has already collected $7,700 from the original plan, and would be getting 55 acres of land at $2 -300 an acre, which he thought was a fair deal. He added he thought the expense of filing a cluster development plan was a disincentive. Mr. Burke explained 45 percent of the filing fee is for inspection, which has not been used, and if the filing fee is waived by the Board of Selectmen and 55 acres is put into permanent open space, that should be seen as a trade -off. He said public access also has to be considered as part of that discussion, and whether the town would be able to buy that much land that inexpensively. Mr. Burke said it did not make sense to charge a filing fee on the open space if the intent is to give it to the town or a non - profit organization. Planner Flynn remembered the same thing had been done on the residential compound on Branch Street, which she had been against. She was concerned this will tell developers the town wants the open space and is not encouraging the developer to put it into a homeowner's association where it should be. In this case, however, Planner Flynn agreed it would be preferable for the town or a non - profit to get the land because of the river running through it. Planner Dolan asked what the fee had been for the Branch Street residential compound, and said the board should come up with a consistent policy. Planner Dolan said 54 acres is a lot of land, and since there have been discussions about acquiring more land in the green belt, waiving the fee would be beneficial. Planner McShane said he liked the idea of the land going to the town rather than a homeowner's association. He agreed with Mr. Folkman there seems to be a financial disincentive to doing developments like this. He suggested using the money that would have paid the filing fee to work out the access question. He asked if the Branch Street residential compound filing fee had included the open space. Mr. Burke said it had not. Clerk Sullivan said there is merit in not counting the open space in the fee ($11,000 figure) if there is going to be common access to the open space. He added he did not know if the board should be making recommendations to the Board of Selectmen on fees at all. Planner Bonda said she would like to see the access issued first. Mr. Folkman asked if the board would mind if he went to the Board of Selectmen without its letter of support. Chairman French said that would be fine. Planner McShane said he would rather the board sent the Selectmen a letter on the $11,000 fee providing the public access issue is resolved. ° Motion: To send the Board of Selectmen a letter supporting the fee being set at $11,131 providing the public access question is resolved. (The $11,131 figure was derived by calculating the required fees on the land to be developed exclusive of open space). The town will be deeded 54 +1- acres of conservation land, which is valuable for its proximity to the Canoe River, and the Planning Board encourages green belt acquisition. The notion of a cluster development is to reduce density, which this plan does, along with trying to find creative ways to make the development more attractive. If he chose to, the applicant could build the traditional subdivision, which has already been approved and the fee paid, and the town would not get any land. (McShane - Sullivan) Planner Flynn asked how the board could be sure the land would be turned over to the town. Chairman French said that could be made a condition of the special permit. Mr. Burke suggested preparing a covenant or deed for recording during the 20 -day appeal period. All in favor. PASSES 4. Site Plan Review - Hampden Street /Forbes Boulevard Cynthia O'Connell from Beals Associates and Gene O'Reilly from Mansfield Commerce Realty Trust presented the plan for the 1.77 acre lot on the corner of Hampden and Forbes, with road on two sides and the railroad on the other. The lot will be accessed from the adjacent building and have 54 parking spaces with compact spaces and a 50 foot buffer at the front. Circulation will be in a loop with a single access from Hampden. Handicapped parking spaces are included per the Americans with Disabilities Act, but Ms. O'Connell said it would make more sense to relocate them closer to the building. Ms. O'Connell explained the site will be graded toward the rear to a swale at the back and will be designed with an overflow because of the lot's proximity to a wetland resource area. She said the Conservation Commission voted a negative determination, as the proposal will not impact the wetlands. There will be additional planting in the existing islands and along Forbes Boulevard, and the existing vegetation along the Hampden side is dense. The parking lot covers 30 percent of the site, so 70 percent will be open space. The site will be lit with three 25 -foot luminaries, and Ms. O'Connell showed the board a diagram of the light pattern. There are existing poles along Hampden, so no additional light will be needed at the entrance. A paving detail was added to the plan, along with a cross - section. Board Comment Planner McShane asked how people would get to the building from the new lot. Ms. O'Connell explained they would have to use the sidewalk to get there. Planner McShane asked about lighting toward the back of the lot. Ms. O'Connell said she had been more concerned about the sidewalks being lit - than the back of the lot, since there are no parking spaces in the back and she doubts the lot will be fully occupied. However, she said she would move the light poles closer together. Clerk Sullivan asked if the swale in the back was for detention. Ms. O'Connell said she was concerned about reducing the impact on the wetland, so it was graded at three percent to keep the natural Swale for a filter. She said the runoff would increase slightly in the 25 -year storm, but it would be filtered. Clerk Sullivan asked if drainage calculations had been filed with the Conservation Commission. Ms. O'Connell said they had not. Mr. Burke said he liked the design because it keeps the parking lot close to ( existing grade and retains the existing vegetation. He told the board the applicant had supplied all information requested from staff. Motion: To send the Building Inspector a positive recommendation including all department head comments. (McShane - Flynn) All in favor. PASSES 5. Site Plan Review - Downtown Parking Area Lee Azinheira, Town Engineer, presented the site plan for a lot with eight compact spaces. The Planning Board's comments had been addressed, especially signage. The clerk read a memorandum from Mr. Burke to Mr. Azinheira requesting signage issues be addressed. Mr. Azinheira also added the direction of the flow to the existing catch basin, and said the board's letter to the Building Inspector had mentioned amount of impervious area. He said the site has no history of flooding, so an additional 35 feet of pavement should not have any impact. The existing mulch and loam will be removed and the grade kept the same, so the lot will be higher than the roadway. Mr. Azinheira explained the town would build part, and the asphalt and trees would be contracted out. Motion: To send the Building Inspector a positive recommendation for the downtown parking lot as shown. Kevin McNatt, Rumford Avenue, said he did not think the town owns the whole site, and some of it belongs to the telephone company. Clerk Sullivan suggested adding a condition to the recommendation the town's ownership be verified. Mr. Azinheira said he would check into the ownership question. Planner McShane said he is not in favor of the parking lot, and the town of Wellesley has been removing parking to turn into green space. Three in favor. Three opposed. 6. Correspondence 1. Minutes February 28, 1996 Motion: To approve the minutes as written (Dolan- McShane) All in favor. PASSES 2. Minutes March 13, 1996 Motion: To approve the minutes as written (Dolan- McShane) All in favor. PASSES 3. Letter from Attorney Mangiaratti RE: Attorney Louis Cerrone (Eastbrook and Serena Way) Mr. Burke explained an out -of -court settlement had been reached saying Attorney Cerrone's client would receive any unspent money, and Attorney Cerrone was requesting an accounting. 4. Letter from Richard Lewis RE: Appeal of Park Row Parking Decision 5. Letter from Joseph and Susan Frisolone RE: Pilgrim Road retention area fencing. Mr. Burke said the issue had been discussed at length at the public hearing, and the retention area is fenced on the side nearest the house, but not in the back. Planner Dolan said he did not think the fencing should be changed. Chairman French suggested the homeowners could install a fence themselves. Motion: To send the homeowners a letter saying the plan was approved after extensive public hearing discussion, and the retention area is designed and functions according to the approved plan. The Planning Board is not of a mind to call for a modification hearing, as fencing on the three sides closest to the road and houses was reasonable. (Flynn - Sullivan) Five in favor. One abstention. PASSES 6. Form I and Form J Kelli Green Lots 1 and 2 Planner McShane abstained from the discussion. Motion: To sign the Form I (Sullivan - Flynn) Tom McShane, 14 Fredric Lane, told the board when the developer of his subdivision left, all the lots in back had not been constructed, and the developer said they were too small, and would be combined with lots in Kell Green when that subdivision is built. Mr. McShane asked what would happen with those lots. Mr. Burke explained the Planning Board would not be approving anything, just accepting a document to put Lots 1 and 2 under covenant. The Form J says the lots conform and have sufficient frontage, but that does not certify ownership. Five in favor. One abstention. PASSES Motion: To sign the Form J (Sullivan - Flynn) Five in favor. One abstention. PASSES 7. Letter from Mr. Burke to Moderator Robert Saquet RE: Art. 45 Repeat Petition 8. Letter from Mr. Burke RE: Town Meeting The board had to vote on a recommendation on Article 29, the relocation of the Jameson Farm easement to the existing way and along a single property line. Motion: To support Article 29 at Town Meeting (Flynn - Bonda) All in favor. PASSES Chairman French said he did not want to be voting on street recommendations the night of Town Meeting. He suggested setting a policy that all punch list items should be done by the Planning Board meeting before Town Meeting. Mr. Burke said the board could vote not to support any street incomplete by Town Meeting. Motion: To make a positive recommendation on all streets provided the punch list items are completed by April 1, 1996. If they are not complete, the board will not support acceptance. (Sullivan- Dolan)AII in favor.PASSES Motion: Not to support Article 37, acceptance of Sturbridge Drive (Flynn - Bonda) All in favor. PASSES 9. Letter to Bill Madan, Chairman, BOS from Mr. Williams RE: Contract 10. Letter from MBTA RE: Task Force 11. Letter from Police Chief O'Neill RE: Great Woods property ownership 12. Letter from Mike Trowbridge RE: Maple Street construction 13. ZBA decision - Dutra- Granted 7. Form A (ANR) Plans Liberty Street - Mary GarofololChris Marcheselli The street was accepted as a public way in 1946 with water and sewer under the right -of -way. The paved portion ends at the property line on Liberty Street, and there is a note on the plan that Lots 4 and 5 will be unbuildable until the street is constructed. All of the lots have sufficient frontage and area. Motion: To sign the plan (Sullivan- Flynn) All in favor. PASSES 8. Public Comment Karl Clemmey suggested the board hold public comment earlier in the meeting. He requested a copy of the Fram Estates project fee structure Mr. Folkman had given the board. He said he did not think the board's vote to send a recommendation on the fee to the Board of Selectmen was legal because there was no public input. Mr. Clemmey said he was concerned about an article quoting Planner McShane saying the noise by -law Mr. Clemmey had proposed was poorly drafted. Planner Flynn said she did not think the board should listen to the public make allegations against board members, and left the meeting. Mr. Clemmey said if board members have connections with the Great Woods Center for the Performing Arts, they should be up front about it. Planner McShane said anything quoted in the paper was said during the public meeting, and that he never spoke with a reporter following that meeting. He told Mr. Clemmey he does not, and never did, work for Great Woods or anyone associated with Great Woods. He apologized if anything he said during the meeting offended Mr. Clemmey, but said he never misled Mr. Clemmey or the board about his affiliations, having said during his Planning Board interview that he worked for the state environmental protection agency. He said Mr. Clemmey's remarks were insulting and without factual basis. Mr. McNatt asked what would have happened if the board had voted to send a negative recommendation to the Building Inspector on the Hampden/Forbes site plan. Mr. Burke explained it would have gone to the Building Inspector and he would look at the board's reasons, then determine if they were in keeping with the zoning by -law. If the board's issues were not zoning related, the Building Inspector would not be bound by those, but would enforce the requirements of the zoning by -law. 9. Around the Table Planner Bonda told the board Selectmen Pasquale had resigned from the Master Plan Committee, but Chairman Madan was appointed to fill the seat, leaving a citizen -at -large position vacant. Planner Bonda suggested contacting Donna Sennott, who attends all of the Master Plan meetings to see if she would be interested. Motion: To approach Mrs. Sennott to ask if she would be interested in filling the vacant citizen -at -large position on the Master Plan Committee. (Dolan- McShane) All in favor. PASSES Planner Dolan asked about construction at the old flea market in Norton. Mr. Burke said there had been speculation, but he had not heard anything definite. Planner McShane thanked Planner Flynn for her principle and support during his earlier discussion with Mr. Clemmey. 8. Adjournment Motion: To adjourn at 11:15 P.M. (Dolan - Sullivan) All in favor. PASSES Date of next meeting: March 24, 1996 at 7:30 P.M. Signature Clerk Date of Approval