HomeMy WebLinkAboutPlanning Brd Min_6261996PLANNING BOARD MINUTES
June 26, 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.
Motion: To appoint Clerk Sullivan Acting Chairman
( Bonda- Dolan) All in favor. PASSES
Motion: To appoint Planner Bonda Acting Clerk
(Dolan - Sullivan) All in favor. PASSES
2. Correspondence
1. Minutes June 18, 1996
Planner Bonda asked it be noted she was in attendance at this meeting
Motion: To approve the minutes as amended
(Flynn- Dolan) All in favor. PASSES
2. Mansfield Oil Special Permit
Motion: To sign the special permit
(Flynn - Dolan) Three in favor. One abstention. PASSES
Chairman French arrived at this point, 7:40 P.M.
3. Memo from Bill Madan RE: Williams Street bridge joint meeting
4. ZBA decisions
5. Memo from Dan Clifford RE: Partial Release - Massapoag Estates
Motion: To release $20,810 (Flynn - Dolan) All in favor. PASSES
6. Letter from Attorney Mangiaratti RE: Drainage options
3. Around the Table
Clerk Sullivan asked about the adult entertainment by -law. Mr. Burke distributed
a revised draft with the additions of "substantial" and "adult cabaret."
Clerk Sullivan asked about front yard parking at day care centers. Mr. Burke told
him he had spoken with Mr. Cook who said he would speak to the owner.
Planner Flynn said she read the Mass Federation of Planning and Appeals Boards
held a meeting on wireless communications, and this is an issue the board should
be working on. Mr. Burke said that meeting was sponsored by AT &T, and he
spoke with a planner who attended and thought it was a sales pitch.
Planner Flynn said the signs the board requested at the School Street day care
center were not up. Chairman French said that was just part of the board's
recommendation to the Building Inspector, and Mr. Burke said he would check
whether the Building Inspector required the signs. Clerk Sullivan said he thought
the Building Inspector was supposed to notify the Planning Board of his decision
when he disagrees with the board.
Mr. Burke told the board he would go to SRPEDD to find examples of other
town's drainage regulations. He also told the board that in order to be eligible for
federal funding, there are four older streets in town which will probably be on the
warrant for acceptance at Town Meeting.
4. Public Hearing - George Fram Estates
The clerk read new correspondence and department head comments.
Planner McShane arrived at this point, 8:00 P.M.
Paul Folkman, the applicant, explained the plan for a 19 -lot cluster development,
previously approved as a traditional subdivision. The lots had been moved to one
side of the power easement. He explained the Montaup Electric Company is
alright with the drainage issues, though there will be no homeowner's association,
and the drainage will be owned and maintained by the town.
Mr. Folkman discussed the changes based on department head comments, the
proposed single sidewalk, a reduced pavement width, and the plans not to use the
Nardone land as a second access point. Mr. Folkman said he did not want to call
the lots non - buildable because they will probably be deeded to the neighbors, and
parcels A and B will be discussed after the entrance is completed, and possibly be
deeded to the abutters. He plans to deed the open space to the town.
Mr. Folkman explained his construction schedule, including road construction
during the late summer, then house construction with the road at binder by the end
of the construction season. He will continue with the homes next year, with
completion in 1998; the homes will likely be colonials and capes and sell in the
$175,000- $225,000 range.
The waivers were identified on the cover sheet, driveway cuts added, catch basins
at the roadway entrance relocated, handicapped ramps added at the cul -de- sac, the
street sign shown, oil/water separators added, subdivision control notes added,
Board of Health block added, landscaping details added, and the grading easement
on Lot 7 modified. Mr. Folkman did not think a guard rail is needed. On Lots
10 -19, the board had asked for a Conservation Restriction; Mr. Folkman proposed
a 25 foot no build, no cut zone.
Ralph Maloon, RIM Engineering, said it would be hard to hold to 25 feet on Lot
19 because of a hill and suggested the first 60 feet in from the road would be
needed for grading.
Mr. Maloon showed the board the plan for 19 buildable lots, 1,200 feet of
roadway, and said parcels a and b would not be needed by the developer after
construction. The road has three islands, and trees will be saved if possible.
Regarding drainage, Mr. Maloon said the largest area sheds to the wetland which
is partially in the subdivision, partially in the easement, then to the river. He
( explained there would be less flow southerly post- development, and a grass Swale
with a break in the bank will be installed so the water flows at a 90- degree angle.
As the water comes down, it will go into a pre- treatment marsh, which will
remove the first flush of pollutants. Mr. Folkman explained he had used pre-
treatment marshes at Beaumont's Pond in Foxboro, but the difference is that
Foxboro has outlets.
Mr. Maloon explained the easement contains 18 inch metal culverts; they plan to
change those to 15 inch, put headwalls at either end, and rip rap along the ditch.
In the three acre wetland, the water level will be increased by 11/2 inches, but the
flow under the culvert will be reduced, which is acceptable to Montaup Electric.
Regarding the open space, Mr. Maloon said they wanted to reserve the right to do
the work as shown on the plan, and there is no final Conservation Commission
Order of Conditions, but the work is shown on the plans that went to Con Com.
Mr. Maloon said they plan to excavate the pre- treatment marshes early during
construction to six inches below ground water, for which they have a
Conservation Commission permit. They plan to move the wetland soil to the
other wetland, then if it doesn't grow, they will do a planting schedule rather than
introducing something that might not grow.
Mike Hinchey, Hinchey Landscaping, showed the board a landscaping proposal to
reduce impact to the site as much as possible. He had worked in street trees at 50
foot intervals, especially through the grading areas. Vegetation will be left
between the lots and along the curbing with plantings at the entrance. Mr.
Hinchey said if adequate trees cannot be saved curbside, they would add street
trees as construction occurs. He plans to use indigenous plantings and hardy
varieties which will not require much care. He suggested a large, flat boulder at
the entrance with the subdivision name and plantings, and similar, smaller
boulders at each lot for the house numbers, and lampposts to maintain continuity.
Mr. Maloon explained the seven waiver requests: Section 4.1.2.3, 150 feet
between reverse curves; Section 4.1.3.11, 40 foot right -of -way; Section 4.8, street
trees as shown on landscaping plan instead of every 50 feet; Section 5.2.2, 20 foot
pavement; Section 5.5.1, cape cod berm; Section 5.4.2, sidewalk on one side.
Public Comment
Chairman French read the cluster regulations from the zoning by -law.
Karl Clemmey, 390 West Street, asked if the proposal was in the wetland or flood
plain protection district. Mr. Maloon explained the Little Canoe River runs
through the open space, but there is no flood plain in the area of construction. Mr
Clemmey said he did not understand how the open space area was arrived at.
Chairman French asked the applicant to clear up the percentage of open space.
Doug Young, 514 Bird Road, said this project had been compared to Bay Brook
Farm, and he didn't see how it would be similar. He said the open space is
separated from the houses by the power lines, is littered with glass and trash, and
did not see how it adds value to the property.
Mr. Young said the definition of open space includes conservation uses, which he
said this seems to be, as it really wouldn't be of use to the residents. Therefore, he
said it doesn't live up to the intent of the cluster regulation. He said he was afraid
of negative impact to the abutters by reduced property values with small lots and
no use of the open space. He said he did not think the houses would sell for what
Mr. Folkman had said they would. He asked if the 19 lots were still legal.
Mr. Folkman explained they took the originally approved 19 lots, and by
adjusting seven or eight lot lines, made the 19 lots comply with today's
regulations. Mr. Maloon added the subdivision was approved under the 30,000
square foot lot requirement, but most of the lots were over 40,000 to begin with.
Mr. Folkman said any land not needed for the development would be lumped
together on one open space deed.
Pat Moore, 518 Bird Road, asked what the buffer would be. Mr Maloon
explained the houses could go anywhere within the zoning envelope, and they
propose a 25 foot no build, no cut zone. Mr. Moore suggested the board consider
adding that as a condition of the special permit. Mr. Maloon said he had sketched
in the existing houses, and most are at least 100 feet from the property line.
Mr. Moore asked about the water main on parcel b, saying he was concerned
about the abutters being able to get to their houses during construction. Mr. Zola
said the water main would take one to two days and would be passable during
construction. He said Peter DeGirolamo would do the work and meet with the
abutters to let them know what will happen.
Mr. Moore asked what would happen to parcel b after construction. Mr. Maloon
explained there would be an easement to the town down the center for the water
line. Chairman French said if there were a leak to be repaired, the town would
have to tear up at least one section. Mr. Moore said he has easement rights for his
driveway, and in the original subdivision plan, he had a deal for a driveway and
landscaping, and was concerned about access to his house.
Board Comment
Planner McShane asked about the usability of the open space. Mr. Folkman
explained it is part of the green belt preservation around the river, so it complies
with the conservation aspect of the open space regulations. He said they are not
trying to comply with the other criteria, and they don't plan to make it usable for
( recreation, though it is accessible.
Planner McShane asked if any thought had been given to landscaping the open
space, such as a walkway and entrance. Mr. Hinchey responded they had not
dealt with the area as an active recreation area. Planner McShane mentioned
during preliminary discussions, they had talked about access to the open space.
Mr. Folkman asked the board for some guidance, and said they would do a
walkway to the entrance of the area, but had no plans to open up the open space.
Planner McShane said he wanted people to know there is access to public land.
Mr. Maloon noted there is an existing trail and a nice view of the river in the fall.
Planner McShane asked about plans for the third island. Mr. Hinchey said they
may lose one tree, but everything will be natural and either undisturbed or
replanted if disturbed. He said if the roadway is 20 feet wide, there will be more
room for landscaping.
Planner McShane asked why the applicants didn't plan to use a sidewalk all the
way around. Mr. Folkman said two sidewalks would be urban - looking, and the
savings from sidewalk on one side would be put back into the lots. Mr. Maloon
noted there would be an eight to 10 foot grass plot between the road and the lots.
Planner McShane asked why the they wanted to use cape cod berm. Mr. Folkman
explained it was for appearance and gives a different feel than sloped edging.
Planner McShane asked whether the 25 foot no -cut zone would be used on Lot 19.
Mr. Folkman said that lot contains a large hill, and when the road is brought down
and the lot graded, there probably will not be room for the 25 foot no cut zone.
He suggested landscaping after the lot is graded.
Planner Flynn asked about the pre- treatment marshes in Foxboro. Mr. Folkman
explained Bay Colony Engineering did them two to three years ago. Planner
Flynn said she would like to see more landscaping. Mr. Folkman suggested
including boulders and plantings at the entrance and at each lot, as well as in the
islands and at the entrance way. Planner Flynn liked the idea of using indigenous
plans and asked about an Environmental Impact Study. Mr. Burke explained one
had been done for the original submission, and this application is for the same
density and the road is shorter.
Planner Flynn said she would like the open space to be deeded to the
Conservation Commission. Mr. Folkman said he would deed it to whoever the
Planning Board chose. Mr. Burke told the board he had faxed the draft deed to
town counsel, and as he understood it, if the open space is deeded to the town, it
has to go to Town Meeting, but if it is deeded to the Conservation Commission,
they can just take it.
Planner Flynn was concerned about using the existing trees, mentioning in other
developments, the existing trees were used and then fell down. Mr. Hinchey
explained that would be a judgment call depending on the changes in grade and
how close the construction activity got to the trees. Planner Flynn liked the
landscaping plan and the efforts being made to save natural vegetation. She said
she had visited the site and the open space looked great, would be a good addition
to the development, and would protect the drinking water in the water protection
zone. She said she would like the entrance to the open space to be inviting, but
not overdone.
Planner Bonda asked about drainage during the 100 -year storm. Mr. Maloon said
during the 100 -year event, the outflow from the culvert would be reduced from
12.8 csf to 9.7 csf. He calculated the flow to the wetland, which acts as a
detention area, and explained that presently, the 100 -year event at peak flow is 40
csf into the wetland, 12.8 csf out. Post - development flow will be 53 csf in, 9.7
out, for a reduction of 25 percent. During the 10 -year event, flow is currently 20
csf in, 7.8 out; post- development, flow will be 26 csf in, 7.4 out.
Planner Bonda said she would like to entrance to the open space to be inviting,
and asked about a homeowner's association. Mr. Folkman said he did not see the
need for an association, because all of the open space and the road will go to the
town, and parcels a and b to the abutters.
Clerk Sullivan asked if the drainage calculations had been submitted to the
Conservation Commission, and noted there will be more water post- development
than pre. Mr. Maloon said the calculations had been submitted, and he recognized
the water as a potential problem. Clerk Sullivan asked the date of the test holes be
added to the plan. Clerk Sullivan asked if the bottom of the pre- treatment
marshes. Mr. Maloon said they are just about at groundwater. Clerk Sullivan
said during a dry period, the first flush will go into the depression, and asked as
the water comes off Bird Road, would all the drainage go to the two catch basins
in Bird Road? Mr. Maloon said the basins will be placed on the edge of Bird
Road. Clerk Sullivan was concerned the drainage will go onto Bird Road before
it gets picked up, and suggested a second set of basins mid -way up the street. Mr.
Maloon said he could add them at the drain manhole and the oil/water separator.
Clerk Sullivan asked what size the oil /water separators had been sized to and
about he detention time. Mr. Maloon explained they were sized to hold 2,000
gallons in the 25 -year storm and detention time is approximately 16 minutes.
Clerk Sullivan asked about the maximum height of the stone walls. Mr. Maloon
said he did not want to make them higher than three feet, and definitely no higher
than four feet. Clerk Sullivan noted the manhole dimensions are not shown on the
plan and asked who would be responsible for maintaining the easement. Mr.
Folkman said Montaup Electric cuts the trees, but did not know who is
responsible for the items dumped in the easement. He said he would find out.
planner O roadway s
Mr. Ma oon a d the turn ngrad us iisequivalent to could
hat has been build for years in the 120 foot cut-de -sacs. Planner Dolan asked if the islands would be mulched
and completed. Mr. Hinchey responded they would be.
Planner Dolan told Mr. Folkman he had no problem with one sidewalk, but did
have a problem with the cape cod berm. Mr. Folkman explained he plans to use
monolithic cape cod berm, laid as the road is laid, rather than having it overlaid.
Planner Dolan said the abutters are concemed about the trash in the easement.
Mr. Folkman told him he would look into the specifics of who maintains that area.
Planner Dolan said he the islands should be finished off .a Mr. tBurke asked
straight road, but emphasized
what would happen if the traffic pattern around the islands were made one-way,
ct traffic. Mr. Folkman and Mr. Maloon said
suggesting the use of signage to dire
they liked that idea.
Mr. Burke said he liked granite curbing, but it is very urban, and monolithic cape
would rather see one
cod berm is better than laid on cape cod. He said he
more comfortable
sidewalk and a reduction of the paved surf ce, adding plans He said he thought
with this plan than the originally approved
( the purpose of the open space was to protect the wetlands and river. last island.
Chairman French
he bed if a fire t Chairman French asked him to demonstrate e hat. be able to get around
Mr. Maloon
Mr. Burke suggested checking with the Fire Chief and Police Department.
Chairman French asked if it would be possible to make the middle islandwidder.
Mr. Maloon was concerned that would cut into Lot 8, and Mr. Zola sugg
making the island wider on the other side, adjacent to Lots 17 and 18.
Chairman French asked if any streets in other cluster developments had been
accepted. Mr. Burke said one street in the Mill Farm development had ot -
accepted, and that development has no homeowner's association; a private,
for - profit takes care of the open space. ith the Town
Pla'nare.1Mr. Maloon aid he had, butrecekved no final commengineer about the
d g
Clerk Sullivan suggested at least small signs for the entrance to the open space.
Planner Dolan suggested a boulder or something similar to go with the rest of the
development. Mr. DeGirolamo told the board he had worked with monolithic
cape cod berm; it is durable and has a "country look."
oon
( Chairman French asked e if the roadbisstaked•The oaord do a site decided t walk-
do a site walk on
said the centerline o
Saturday, June 29, 1996 at 8:30 A.M.
Chairman French asked if the wetland /floodplain protection district is shown on
the plan. Mr. Maloon said list not, but he would add it. Mr. Burke said he would
send the applicant a punch
Leonard Flynn, ncept is exactly as the
102 Jewell Street, said he thought the co
fifer Committee has voted to make the acquisition of green belt
cluster regulations intended. The site abuts conservation land in Foxboro, and the
Canoe River Aqu support of the concept.
land important, so he is in
Motion: To continue the public hearing until July 17, 1996 at 7:45 P.M.
(Dolan- Flynn) All in favor. PASSES
7. Adjournment All in favor. PASSES
Date of next meet ng t July 10, ,1 7 996 at 30 n1•
Signature of Cl'
l
Date of Approval