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HomeMy WebLinkAboutPlanning Brd Min_4231996PLANNING BOARD MINUTES April 23,1996 PRESENT: Chairman French, Clerk Sullivan PLANNERS: Bonda, Dolan, McShane, Penney Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. Public Hearing Continued - Maple Hill Estates Modification Motion: To waive the reading of the public hearing notice (Dolan - Bonda) All in favor. PASSES is i The clerk read a letter from Michael Trowbridge, Hutchins - Trowbridge Associates, requesting a continuance of the public hearing. Motion: To continue the public hearing to July 24, 1996 at 8:00 P.M. with an extension in the Planning Board's deadline for decision until August 23, 1996. (Sullivan- Dolan) All in favor. PASSES Chairman French and the other members welcomed the Planning Board's newest member, Ralph Penney, to the board. 3. Correspondence 1. Minutes April 10, 1996 Motion: To approve the minutes as written (Bonda - Dolan) Four in favor. Two abstentions. PASSES 2. Special Permit - Auto Repair - 30 Winthrop Street - To Be Signed Motion: To sign the special permit (Dolan - Bonda) Four in favor. Two abstentions. PASSES 3. Letter from Theodore Dwyer, R.L.S. RE: Land on Bird Road Mr. Burke explained the board had endorsed a Form A plan for this land, which included an easement the ZBA wants removed. The surveyor is requesting permission to remove the easement from the plans the Planning Board has already signed, which Mr. Burke said he is uncomfortable with. Planner Penney said he thought the ZBA's concern was the easement was to eventually create a right -of -way, which he said has to be done through the road commissioners. Motion: To advise the applicant to revise the plan and resubmit it to the Planning Board. (Sullivan - Dolan) Planner McShane asked if the board required this, would the applicant submit a new plan? Mr. Burke said the only change would be the elimination of the easement, and suggested the applicant not be required to pay another filing fee. Motion and Second Amended: To waive a second filing fee. All in favor. PASSES. 4 L tt f m Richard Lewis Conservation Agent RE: Oak St Scenic Road . e er ro 5. Memo to Planning Board RE: Water Distribution System Issues 6. Memo from Mr. Williams to Board of Selectmen RE: Above 7. Memo from Planning Board to Board of Selectmen RE: Above . I P3 8. Memo and Agenda - May 1, 1996 Meeting - Water Department Workshop 9. ZBA application for variance - 15 Heather Lane - Harvey Mr. Burke explained there was a controversy over the lot line, and the Harveys want to agree on one line being correct and get a variance for a lot smaller than 30,000 square feet so they can sell the house. Mr. Burke said he thought this was an issue for Land Court. Motion: To send the ZBA a positive recommendation (McShane - Dolan) All in favor. PASSES ZBA application for finding - 14 Bliss Avenue - Chapman Mr. Burke explained the application was for a 20'x20' two -story addition to a pre - existing, non - conforming home. The non - conformance is the front yard setback, which was shortened when the Town took some land for Bliss Avenue. The Building Inspector cannot issue a building permit because of the non - conformance, which has nothing to do with the addition. Motion: To send the ZBA a positive recommendation because the proposed addition does not increase the non - conformity. (Sullivan- McShane) All in favor. PASSES 10. Memo from Dan Clifford RE: Final Release of Surety - Vickery Estates Motion: To release the final $5,000 as recommended (Sullivan - Dolan) Five in favor. One abstention. PASSES 11. Letter from Attleboro Water Department RE: Water Connections 12. Letter to Ron Bonvie RE: Completion of Phase II Massapoag Estates 4. Form A (ANR) Plans Fredericks - Mill Street The applicant wishes to swap small parcels of land with his neighbor, which will create new lot lines. Both lots will conform to area requirements, however, Lot 1 does not have sufficient frontage, and Mr. Burke asked if the board would require approval under Subdivision Control. He said both lots have existing structures, and nothing new is being created, however, Section 81P requires sufficient frontage for a Form A, or it has to be approved under Subdivision Control. He added the land swap would decrease the non - conformity. Motion: To sign the Form A plan (Sullivan- Penney) All in favor. PASSES 5. Discussion of Stearns Hill Estates Sewer Ralph Maloon, RIM Engineering, said the subdivision originally had no sewer, but when the Town did the East Mansfield sewer, the applicant agreed to hook in if the Town would provide access for it, which it did. However, there was a problem with deep cuts within the subdivision, and Mr. Maloon has been working on various alternate routes for the sewer. This proposal would change the deepest cuts, at 32 feet, to about 18 feet. This would leave five lots on grinder pumps. Paul Folkman said he is comfortable with the grinder pumps. Mr. Maloon said there is no limit to how many homes can be put on a grinder system, and the Town does not want a pumping station. Planner McShane asked about maintenance. Mr. Folkman explained the pumps would be privately owned and would require annual maintenance. Clerk Sullivan was concerned about tying more than one home into a force ( main. Mr. Maloon said he had spoken with the Town Engineer about this proposal, and he was in favor. Planner Penney said this issue was controversial when it went before the Sewer Commissioners several years ago, with the issue being the easements in the back of the lots. Mr. Folkman explained he met first with the Town Engineer, then came to the Planning Board, then would go to the Sewer Commissioners. Planner Penney thought eliminating the need for easements at the back of lots would improve the situation, but said grinder pumps are mechanical items which can fail. He asked if Mr. Folkman planned to go to the Sewer Commissioners. Mr. Burke said he would have to, but came to the Planning Board first because the board had held a modification hearing on the sewer. Mr. Folkman explained the end of the subdivision near Steams Avenue would not have the deep cuts, and is the next phase he will be working on. He added he had already gone through a full public hearing for the sewer lines. Clerk Sullivan remembered the lots in question being a problem during the public hearing process because of the deep cuts. Mr. Maloon said he was unable to get the easement that would have brought the sewer elevation up. Mr. Folkman asked if the board felt it could act on this here, then he would go to the Sewer Commissioners, or require another modification hearing. Chairman French asked where the common force main would be located. Mr. Maloon explained a two inch main with the homes feeding into it would be in the middle of Colonial Drive. Chairman French asked about the possibility of a gravity sewer in the street and individual force mains with minimum . coverage in the street. Mr. Maloon responded he would not have adequate coverage in the street. Planner Penney said when Steams Hill was permitted, the Board of Health did not want septic systems there, and the Town had just completed the East Mansfield sewer project, so it made sense to tie Stearns into the sewer. At the time, he said, there had been concern about running the sewer through private easements. Mr. Folkman said with this plan, there would be fewer private easements, but the grinder pumps would be necessary. Planner McShane asked if this proposal was unsuccessful, what would happen? Mr. Maloon told him he has an approved sewer plan. Planner McShane said it makes financial sense to bring the sewer cut up, but he did not think bringing sewer to the area in the first place was a good idea. He said if the Board of Health did not want septic systems there, maybe those lots shouldn't be built on. Mr. Folkman responded the Board of Health's position was not that the lots were unbuildable, but said if the developer was willing to bring the sewer that far, then as it developed, that part of town should be on sewer. Mr. Maloon said he thought the subdivisions in East Mansfield would be there regardless of the East Mansfield sewer project. Mr. Burke said this revised plan is better than the original, since sewers shouldn't be that deep and he would prefer the burden of maintenance be on the homeowner than on the Town. He did not think the proposed revisions are as extensive as the original modification, and did not think a public hearing was necessary, as the abutters would not be effected. Motion: To support the sewer modification to eliminate the easements along the back of 10 lots, and replace with a gravity system in the roadway as shown on the plans seen here. The five lots suggested to have grinder pumps should be tied into a common gravity system to tie into the new sewer system. (Sullivan - Dolan) Planner Dolan asked if this is feasible. Mr. Maloon said he could do it by easement, but not by the road, and he could do individual grinder pumps. Motion and Second Amended: The five lots on grinder pumps should be individually tied to the roadway gravity system. Five in favor. One opposed. PASSES The board asked Mr. Maloon to return with more definite plans after some research. 6. Around the Table Chairman French asked if there was a way the board could only accept passbooks as surety. Mr. Burke told him the board could adopt such a policy, but it would likely be appealed, since the statute allows other forms of surety. Planner Dolan asked about the proposal to lease town -owned land for antennae. Mr. Burke said the Board of Selectmen have not yet set a policy, and Sprint has been in touch several times. He did not think the town should become a landlord, and the structure proposed would be 160 feet high and unattractive. Planner Penney said the town leased land to the cable company for the same thing, and worked out a deal to own the equipment. Mr. Burke agreed, but said cable provides a service to the town, and other town -owned land should be leased to non - profit agencies. Planner McShane brought up antennas being constructed on private property, such as in the industrial park. Mr. Burke said the zoning by -law provides an exemption for radio towers and radio/broadcast antennae, which he is uncomfortable with. Town Counsel believes that is to cover accessory uses. Planner Penney remembered the East Mansfield sewer being controversial at the time, as the Town had to finance it when the developer pulled out, and had to increase betterment costs. The Board of Health mandated that if the sewer line ran in front of a home, the property owner had to tie in, which caused a public uproar. He said after that settled down, Stearns Hill Estates came in, with the provision they would be able to hook up to sewer, as well. Planner., Penney said he thinks what Mr. Folkman wants to do is a good thing, though he would rather the easements be eliminated entirely. Planner McShane agreed sewer is better than septic systems for the environment, but said they are worse for development. He suggested determining the future of the Town's sewer system. Planner Penney asked what the cost trade -off is between sewer and septic. Mr. Burke said in some cases, sewer is cheaper, and is always more marketable. Planner Dolan mentioned there had been a discussion about rooming houses at the last Master Plan meeting, and asked who enforced that. Mr. Burke explained that is enforced by the Building Inspector under the zoning by -law. 7. Adjournment Motion: To adjourn at 9:45 P.M. (Dolan- McShane) All in favor. PASSES Date of next meeting: May 8, 1996 at 7:30 P.M. Sign � re of Clerk Date of Approval