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HomeMy WebLinkAboutPlanning Brd Min_4101996PLANNING BOARD MINUTES April 10, 1996 PRESENT:Chairman French,Acting Clerk FlynnPLANNERS:Bd`gda`,Dolln,' ...h(nd' ) Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. l 10 Motion:To appoint Planner Flynn Acting Clerk ( Bonda- Dolan)All'in favor.PASSES 2. Public Hearing Special Permit - John Glenn - Auto Repair - 30 Winthrop Ave The clerk read the public hearing notice. Motion:Continue the public hearing to 7:55 P.M. (Dolan- Bonda)All in favor.PASSES 3. Correspondence 1. Minutes March 27, 1996 Planner McShane asked his question about the Branch Street residential compound fee and comment about a policy be added. He also requested his thanks to Acting Clerk Flynn for her principle and support during his discussion with a resident be added. 2. Letter from Attorney Mangiaratti RE: Eastleigh Estates 3. Letter from Attorney Mangiaratti RE: Master Plan Consultant Contract 4. Letter from Commonwealth of Mass RE: Public Hearing Players' Choice 5. Letter to Mr. Williams from the NLS Group RE: Radio Tower 6. Letter to Mr. Williams from Exec Office of Administration and Finance Planner McShane arrived at this point, 7:55 P.M. 2. Public Hearing Continued - Special Permit - 30 Winthrop Street Attorney Charles Mulcahey said the board had received the information on this application at a previous meeting, but due to a procedural defect, there had been no public hearing. He explained the applicant is requesting the use of an existing building for inside mechanical use during regular business hours, and said the permit can be rescinded if the conditions of approval are not complied with. Michael Trowbridge, Hutchins- Trowridge Associates, pointed out the existing driveway off Warren Street and Winthrop Avenue and a previously approved five -unit section of the building. He said auto repair would be limited to bays A, B, and C as shown on the plan; at this point, only one bay would be used. Attorney Mulcahey noted because the site is in the Industrial 3 zone, a special permit is required. He said there had been an earthen berm behind the building, part of which has been removed. Because the work will be done inside the building, however, he said there would be no noise problem, but if there are complaints, the Building Inspector can investigate and the permit can be rescinded. The Building Inspector will inspect for building code conformance, so there could not be improper storage or drainage. Chairman French explained the items the Planning Board must consider during the special permit process, including those items specified under the special permit section of the zoning by -law. Public Comment Margaret McDonald, 18 Warren Avenue, presented the board with a petition and said the grant of this special permit would effect the neighborhood's character, and the health and convenience of the residents. Fran Keady, 11 Warren Avenue, said the neighborhood had been through a similar issue with the train station. He was concerned about storage problems; the children in the neighborhood; the hours of operation, saying the current business sells diesel fuel and is noisy all night; and the existing traffic problems. He added there are busses stored on site, he was concerned about public safety issues, and said Mr. Madan, the owner and member of the Board of Selectmen, has a financial interest in where the train station goes. Mr. Keady asked if the business would be expanding more than shown. Chairman French told the audience issues such as the train station and busses, are not germane to this special permit. Sherry Vale, 16 Avon Street, said traffic is a problem and more cars will make it worse. She said the noise level there is high, and this use would be dangerous for the children in the neighborhood, as there is no buffer between the building and the houses. Mr. Trowbridge said Mr. Madan had originally planned to permit one of the bays, but was advised to permit all three, so he wouldn't have to come back if the business expanded. He added the original building was built under site plan approval, which does not require notice to abutters. Michelle Madan said there is a 50 foot unbuilt area and the berm was removed because it was on their property, they were paying taxes on it, and had been unable to use it, none of which has to do with this special permit. Mrs. McDonald asked why the bays were marked for auto repair on the plans. Mr. Trowbridge explained the bays had been permitted as cold storage under the site plan, and were not shown as auto repair on that plan. Mr. Trowbridge told the abutters he understood their concerns about the industrial zone, but said there are other by -right uses that would have more impact, and would require no public hearing and no notification. Joseph Sawyer, 23 Warren Avenue, said that does not address the issues he and his neighbors are concerned about. He said the zoning by -law special permit requirement says the board consider impacts on the residents of the town, not just the immediate area, and said this would effect all of the things the chairman had mentioned earlier. Board Comment Acting Clerk Flynn asked Mr. Burke to point out the location of the site. She suggested customers coming to the site from Winthrop Street would have the least impact. She said this is an allowed use in the zone but said it might be better for the applicant to permit one bay at this time, since that is all he will be using. Planner Bonda asked about the hours of operation. Attorney Mulcahey told her they would be 7:00 A.M to 6:00 P.M. or 8:00 A.M. to 6:00 P.M. six days a week. Planner Bonda asked what arrangements had been made for oil disposal. Attorney Mulcahey said the state building code requires waste stations and drains, and in order to get an occupancy permit, the site will have to be inspected and comply with the building code. Planner Bonda asked about sanitary facilities. Mr. Glenn said he would have use of the facilities in the office. Planner Bonda asked about the potential noise. Mr. Glenn said he would be using things like air guns inside, and no vehicles will be outside. Planner McShane asked about the number of cars that would fit inside; Mr. Glenn said three, but after he installs an office, it will probably be two. Mr. Glenn explained he had been renting the same amount of space in a building without a variance, and had to leave. At that site, he said, he had no outside storage. Planner McShane asked if there was any way there would be more than three vehicles on the site at any time. Mr. Glenn responded there was not. Planner McShane asked about hazardous waste disposal. Mr. Glenn explained he has an EPA certificate and a company lined up for oil disposal. Planner McShane asked if there were floor drains. Attorney Mulcahey told him there were not, but a certificate of occupancy would not be issued until the proper recapture system is installed. Planner McShane asked when the building was built and was told approximately one year ago. Planner McShane asked about signage. Mr. Glenn responded he would like one small sign on the fence. He added he would be doing a lot of work on the road, but some jobs require a garage. Mr. Burke had drafted a decision to grant the special permit with conditions, and suggested some amendments, including permitting only one bay at this time; prohibiting outside work and storage; prohibiting outside storage of vehicles, vehicle parts, or hazardous materials; limiting the times of operation to 8:00 A.M. to 6:00 P.M. Monday through Saturday with no Sunday work allowed; excluding body work and painting; limiting access to Winthrop Avenue and not through Warren Avenue; and prohibiting test driving through the neighborhood. Planner Dolan asked how the board could control where customers enter the site. Mr. Burke suggested the applicant advise his customers to use Winthrop Avenue. Planner Dolan said he did not see a lot of cars entering the site every ( day, adding he was sympathetic to the neighbor's concerns, but the use is allowed in the zone and the board has restricted it as much as possible. Chairman French asked if permitting one bay at this time would be acceptable, Mr. Trowbridge said it was, and he would prefer bay C be labeled permitted. Planner Dolan said because this will be a single man operation, he did not think there would be a lot of cars in the neighborhood every day. He said he understood the neighbor's concerns, but did not think this would not impact the existing problems very much. Public Comment " Mrs. Vale asked if there were a way to keep the gate onto Avon Street closed. Chairman French suggested that ties in with access to the facility being kept to Winthrop Avenue. Mrs. Vale said she didn't think the board was considering the welfare of the neighborhood in this issue. Mrs. MacDonald said with all the traffic coming in and out of Winthrop Avenue, there would be no way to know how many cars are in at one time, and for what purpose. Mr. Burke explained there are three categories of use in the zoning by -law, and auto repair in this zone is a special permit use. He asked if the applicant would consider adding slats to the fence to block the building from the view of the abutters. Attorney Mulcahey said he was not sure slats would hide the entire building, and since all work will be done inside, it would not effect the abutters. Mrs. Madan agreed, saying the building is 14 feet tall, and the fence only five. Mr. Sawyer said he thought the reason for the special permit public hearing was to address concerns from the community and the board's charge is to consider how the permit would effect the community and neighbors. Attorney Mulcahey said he did not know the use would have a negative effect on the neighbors. Planner McShane asked about the Avon Street gate. Mrs. Madan said the gate is only opened in emergencies, or to test it as fire access. She said the gate is not generally opened, and they did not want it opened. Planner McShane asked if a condition could be added that Mr. Glenn would not use the gate. Attorney Mulcahey said the Fire Chief wanted the gate as an emergency exit, and Mr. Madan has the only key. Planner McShane said he would encourage the applicant to reconsider screening in the fence. Mrs. Madan said she would speak to Mr. Madan. Motion: To close the public hearing (Dolan- Flynn) All in favor. PASSES Following the close of the public hearing, Mrs. MacDonald requested back and received the petition she had presented to the board. Planner McShane requested a condition be added that Mr. Glenn will not be responsible for additional use, nor will there be additional use, of the Avon Street gate as a result of this petition. Planner McShane requested it be specified the 55- gallon drums be stored inside. Mr. Burke said that was ious conditions. covered under the vehicle, vehicle parts, with the prev and hazardous materials condition. Motion: To approve the special p ermit (Bonda - Flynn) Acting Clerk Flynn detrimental to the neighbo hoodiorothe com`mun ty. Bonda- In favor. The use is in the Industrial 3 zone and I do not see the nehborhood or the community. significant detrimental imp act to ig the benefit and ng,d with weighing, McShane- det an ent to The board is chz the neighborhood and also the impact e the town's tax and employment situation. This is a local businessman, and I feel the other issues have been resolved. nd though a s mpatheti have Dolan- In favor. c with the residents, most of the issues brought up here I do not see a detriment to the area, am Y nothing to do with this issue. roval which French- In favor. This is an allowed ese t this zone, a reasonable apponditions the board has placed on the p will protect the interests of the applicant and the neighbors. All in favor. PASSES 4, Public Hearing - Chandler's Estates Subdivision - Maystar Realty The clerk read the public hearing notice and department head l correspondence. Mr. Burke explained the board ha Mr. d his ability to construct a esidential d seen and approved this plan as a r compound, when the applicant demonstrate traditional subdivision. This is the same plan with a signature block for approval under Subdivision Control Law, as the applicant's nce, any said special permit approval does not satisfy the law for conveyance, and the lots have to be created under Subdivision Control- ut has not heard bac Burke said ke said the board town counsel about the p b law. would be granting waivers from Sections 5 and 6 of the zoning y lans, would the developer Acting Clerk Flynn asked if the board signed the p roving the plans as Mr. Burke explained that woul be able to build a traditional subdivision. require new plans, because the board would be approving ound plans. presented, which are the same as the residential comp Michael Trowbridge, Hutchins - Trowbridge Associates, said he did not think the plan had to be approved under Subdivision Contr S. aedsaid e orked. Applicant Greg e had done a ambiguous and should be rew p residential compound in Foxboro, and did the public hearings concurrently. lained the special permit will be Planner McShane asked if a decision under Subdivision Control would effect the special permit decision. Nfr. Burke exp valid, and would be recorded with the plan and the subdivision decision. Mr. Burke said the board cannot endorse the plan unless there is a covenant or surety in place, and the open space is covered by the special permit. Planner McShane asked why the open space transfer couldn't be included in the subdivision approval. Mr. Burke said it could, but he was not sure if the Board of Selectmen had acknowledged the offer. Mr. Trowbridge explained the Selectmen had waived the filing fee and seemed anxious to acquire the open space. He said that will need a Town Meeting warrant article. Public Comment Tim Bullock, 268 Branch Street, was concerned about the houses being close to the wetland. Mr. Trowbridge said the wetland is far from the sites that will be built, and the houses will have roof drains, a dry well system, and a stone trench along the roadway, so there will be no additional sheet flow off site. Mr. Bullock disagreed, saying when the site is disturbed, the water will have to go somewhere. Mr. Armstrong, 434 Branch Street, said he was also concerned about water and presented the board with photographs of the site. Mr. Trowbridge explained he had gone before the Conservation Commission and had the wetland line established. Mr. Trowbridge said the driveway will be 150 feet away from the wetlands, and the pictures show the same wet areas as the plan. Mr. Trowbridge said the water would be put back into the ground, as it is now, and there is a stone trench along the road. There are no buildings or road in the flood plain, so no flood plain storage will be lost. Mr. Bullock asked who would be responsible for water problems on abutters' properties. Another abutter said the driveway would come out onto the curve in Branch Street. Chairman French said that had been considered, and a narrower road was allowed under the special permit, as Officer Lawson was satisfied with the site distance. Mr. Spier said the Order of Conditions covers the roadway, and the lots have individual Notices of Intent. Planner McShane noted Mr. Armstrong had been concerned about the same issues at the special permit public hearing, but the plan shows the wetlands. Mr. Armstrong was concerned about the water flowing toward the Compo site. Mr. Spier said he had done an extensive site walk with the Conservation Commission. Board Comment Acting Clerk Flynn asked about the trench mentioned in Officer Lawson's letter. Mr. Trowbridge explained it is on the north side of the driveway and is two feet deep. Motion: To close the public hearing (Dolan - McShane) Acting Clerk Flynn asked for confirmation of the water issues. Planner Dolan said that had been done with the first plan. Planner McShane said he was also concerned about the water, but it comes under the Conservation Commission. He said it is still better to lower the density with the residential compound than have a traditional subdivision, which would cause worse water problems. All in favor. PASSES Planner Dolan said because the board already approved and signed the residential compound plan, signing this seemed to be a technical issue for the attorneys. He asked if the applicant could build the traditional subdivision instead. Mr. Burke said he would build the plans as signed, and said the board would likely do the public hearings concurrently in the future. Planner McShane asked if Dick Lewis had any outstanding concerns. Mr. Burke said he did not, and Mr. Spier said Mr. Lewis had done a site walk. Motion: To approve the Chandler's Estates plans under Subdivision Control Law, as the Conservation Commission and Officer Lawson have no outstanding concerns. (Dolan- McShane) All in favor. PASSES 5. Discussion of Cooper Road Sewer Extension Ralph Maloon, RIM Engineering, discussed bringing sewer from the intersection of Mill and East Street to five Sturbridge Estates lots, approved in 1989 and currently on septic systems. (Two of the lots are currently unbuildable) He said he needs the board's permission to install the line, the homes could tie in and the sewer could someday be extended into the whole subdivision and into Tara Estates, as well. Mr. Maloon said the whole system could be done by gravity, the deepest cut is 11.7 feet at East Street, which is slated to be repaved, and it would make sense to install the line while the street is being worked on. Planner McShane said the Master Plan Committee had been discussing if there is additional capacity, sewer should be extended into industrial areas or to solve existing problems, but should not be used to make the two remaining unbuildable lots in the subdivision buildable. Planner Dolan said this would be beneficial to all of the residents, and two lots becoming buildable shouldn't determine whether the project is done. Mr. Burke said the lots exist and may be percable in another location, but the greater good would be to have sewer provided to all the houses in the area. He said the long -range benefits outweigh the two lots becoming buildable. Mr. Maloon said the soil varies from glacial till to large boulders, and across Cooper Road is more loamy and finer material. Chairman French asked about the long -term outlook for the septic systems. Mr. Maloon said the Weaver Lane areas are marginal, but the others are alright. Acting Clerk Flynn asked how much sewer line would be installed. Mr. Maloon said around 1,800 feet at a cost of $85,000. Acting Clerk Flynn said the board has to look at specific lots in this case, and said the developer took a chance that not all would perc. Planner Dolan said he did not think two lots would be a big deal to the developer. Mr. Burke said this would make the two unpercable lots buildable, and the others easier to sell. Planner McShane asked what capacity the town is at now. Mr. Burke said he was not sure, but it is not more than 75 percent. Mr. Maloon said the former town engineer had been encouraging sewer connections. Chairman French said this would be a good opportunity, as the septic systems are in glacial till, in the acquifer district and near the Canoe River. Mr. Maloon said he would need a permit to put the sewer in, which would be a modification of the subdivision plan. He asked if that would be a field modification or require a public hearing. Planner Dolan said he did not think it would require a public hearing, and he would be in favor of the project. Planner McShane said he did not like the idea, but did not think it would require a public hearing. Planners Bonda and Flynn said they thought it would require a public hearing. Mr. Burke said it wouldn't really effect anyone's property, as the number of lots wouldn't change, though there would be the temporary impacts of construction, which would not change any elevations. Motion: To support the extension of public sanitary sewer into the Sturbridge Estates subdivision as shown on Mr. Maloon's plan as long as the capacity of the line will accommodate the other areas Mr. Maloon mentioned. (Dolan- French) Acting Clerk Flynn asked if there would be any expense to the town and was told there would be none. Planner Dolan suggested the line run to the edge of the subdivision, another 150 feet or so. Mr. Maloon said it could, but the subdivision uphill is already built. He said he could put it to the back edge of the property. Motion and Second Amended: To support the extension if the sewer line is run to the edge of the property line. Planner McShane said sewer extension should only be occurring for industrial expansion or for solving existing septic problems. Chairman French said this would be a trade -off for the good of the town at no cost to the town. Two in favor. Three opposed. FAILS 6. Reorganization Planners Dolan, Benda, Flynn said they liked the board as it is and if Chairman French was willing, they would like to leave it as is. Planner Flynn said she was pleased with Mr. French's capable handling of the chairman's responsibilities. Motion: To reappoint Mr. French Chairman and Mr. Sullivan Clerk (Dolan - Flynn) All in favor. PASSES Chairman French thanked the members of the board for their support. 7. Around the Table Planner Bonda said she had spoken with Donna Sennott about the citizen -at- large position on the Master Plan Committee, and Mrs. Sennott is interested. Motion: To appoint Mrs. Sennett to the vacant citizen -at -large position on the Master Plan Committee. (Dolan - Flynn) All in favor. PASSES Acting Clerk Flynn asked if Mr. Burke had received any information about formulating a noise by -law. Mr. Burke said he had spoken with a DEP rep, who said noise is difficult to regulate, and most towns use hours of operation to regulate, not decibel level. Db regulation would require sophisticated ° equipment and a structured schedule of uses with different thresholds for different uses. The DEP representative suggested if the town were to begin something like that, it start with hours of operation, then work on the db regulation. He added it would be tough to find models from other towns. Acting Clerk Flynn was concerned about the water /fire flow issue brought up at Town Meeting and said the Planning Board should have been involved in any discussion on that issue. Mr. Burke agreed, saying if there is a problem, the board should have been informed a long time ago. Acting Clerk Flynn suggested sending the Board of Selectmen a letter saying the board asks the Town Engineer, Water Department, and Fire Chief for comment on every subdivision it does a public hearing on, and if they have information about a problem, the board would like to know about it. If there have been errors made, we should work on correcting them and coming up with new guidelines, if necessary. Planner McShane suggested asking the Fire Chief, Water Department, and Town Engineer to do a presentation as to why there is a problem and invite the Board of Selectmen. Motion: To send the Board of Selectmen the above letter. (Flynn- McShane) All in favor. PASSES Chairman French mentioned a resident had requested public comment be moved to earlier in the agenda. Planner Dolan said public comment often comes as a result of something that occurred during the meeting. Planner Bonda suggested moving public comment for a few weeks, saying she understands people don't want to wait until the end of the meeting. Chairman French suggested moving public comment to follow the last public hearing. 8. Adjournment Motion: To adjourn at 11:15 P.M. (Dolan - McShane) All in favor. PASSES Date of next meeting: April 24, 1996 at 7:30 P.M. Sig tore of Clerk Date of Approval