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HomeMy WebLinkAboutmin of planning brd 10/8/1997PLANNING BOARD MINUTES October 8, 1997 ' "I 0"T 23 F'' 10: O5 Present:. Thomas French, Chairman, John Sullivan, Clerk; Bernie Dolan -, LD Marydee Flynn; and Kenneth Torman. Meeting called to order at 7:30 p.m. Mr. Dolan served as Acting Chairman until the arrival of Mr. French. 1. Minutes of September 24, 1997 Motion: To approve. (Flynn - Sullivan) 4 -0 PASSES 2. • Letter from Folkman & Zola requesting a waiver for sloped granite curbing in Homefield Farms. Mrs. Flynn stated that this is something that should be requested as part of the public hearing process and should not be changed afterwards. Motion: To deny the request. (Sullivan - Flynn) 5 -0 PASSES Memo from Shaun Burke re: list of roads for consideration as scenic roads. Roads are: Winter Street, Bird Road, Gilbert Street, Essex Street, and Jewell Street. Board members suggested that Stearns Avenue be added to the list. Motion: To prepare an article for Town Meeting to consider adopting all of the above, including Stearns Avenue, as Scenic Roads and to schedule a public hearing. (Dolan - Sullivan) 4 -0 -1 with Mr. French abstaining PASSES 4. Memo from Shaun Burke re: sketch plan submitted by Karl Clemmey and asking for Planning Board input on a cul -de -sac length waiver for a parcel of land at the end of Cobb Street. Board members noted that a waiver shout" only be granted if there is a benefit to the Town and thk: the Board has recently been discussing shortening the length of roadways. Mr. Sullivan noted that Mr. Clemmey is looking for input and that the Board should give him an answer. He suggested that the Board advise Mr. Clemmey that they would consider the waiver upon submission of a plan for the proposed project, at which time a determination could be made as to whether there would be any benefit to the Town in granting the waiver. Motion: To write a letter to Mr. Clemmey advising him that the Board would take his request under advisement when the plan for the proposed project is submitted. (Sullivan - Flynn) 5 -0 PASSES Minutes of October 8. 1997 5. Request for partial release of surety in the amount of $21,056.00 for work completed in Carlton Estates, leaving a balance of $39,666.85. Motion: To release $21,056.00, leaving a balance of $39,666.85 which includes the 10% contingency. (Flynn - Sullivan) 5 -0 PASSES 6. ZBA Application of Stanley B. Feck for a variance for minimum lot frontage and width and address change for the construction of a single family dwelling at 968 West Street in the R -1 zone. Address to be changed to 90 Tremont Street. Ralph Maloon, who drew the plans, answered questions from the Board. Motion: To send a negative recommendation to the Zoning Board of Appeals because there is no way for the Planning Board to be sure there won't be further development of the property. (Flynn- French) 5 -0 PASSES The hearing was opened at 8:00 p.m. with Mr. Sullivan reading the notice as it appeared in the Mansfield News. Ralph Maloon presented the proposal on behalf of the applicants, requesting a three lot residential compound. He also presented a plan showing a conventional three lot subdivision on the parcel. He reviewed the wetland flagging, the size of the lots, the open space area, and the proposed driveway. He noted that the layout for the proposed driveway is for twelve feet of paving with a three foot grass shoulder on each side. The existing house on the parcel has a driveway which will be shutoff. He noted that he needs to revise the proposed sewer based on information received from the Town Engineer. Mr. Sullivan read correspondence received from the following Department Heads: Richard Lewis, Conservation and Environmental Planner; Lee Azinheira, Town Engineer; Bob Morrison, Assistant DPW Director -Water Superintendent; Lt. Joseph Sarro, Fire Department; and Patrolman Lance Lawson, Police Department Safety Officer. In response to comments read, Mr. Maloon noted that they are only 360 feet from the hydrant across the street, which is not a problem according to the Fire Department, and that lie does not understand why Public Works says they need an additional hydrant. Leo Rice of 14 Wildflower Lane asked how big the proposed homes would be. Philip Ecamo, the applicant, replied that they plan to build 4 bedroom, 2 1/2 bath colonials, possibly with farmer's porches, with 2 -car attached garages. Minutes of October 8. 1997 Mr. Dolan asked if they were all family who are planning to build there. Mr. Eramo said that he and his brother bought the existing two - family house with the intent of building a house for each of them. Mark Copponi of 10 Wildflower Lane asked about the distance between the common area shown and Baybrook Farm. Mr. Maloon said they are about 30 feet from the Baybrook property line. Mr. Copponi asked if the 30 feet was from the fence or the common area. Mr. Maloon pointed out that they can't build closer than 50 feet and that they will be 60 to 70 feet from the fence. Mr. Copponi then asked if they would be changing the land or removing trees, noting lie would like to see them plant additional shrubs. He also asked if drainage would have any effect on his property and what his recourse would be if a problem developed. He asked what type of lighting there would be in the cul -de -sac and was told that there is no lighting proposed since it is a driveway and not a public road. Dr. Torman asked if fill will be added to raise the housesites. Mr. Maloon said the houses would have walk -out backs on existing grade and that the front would be raised about 5 feet. He further stated that the frontyard would have up to 6 feet of fill, but that it slopes down rapidly. Mr. Eramo pointed out that the houses within Baybrook Farms were also constructed in the same manner, with fill being brought in for the frontyards. Mr. Maloon noted that now that Baybrook is completed, he didn't think you would notice when driving through there that fill had been used. Mr. Dolan asked about sewer. Mr. Maloon said the current house is tied into sewer; however, the Town Engineer wants changes made to go from a 6 -inch service to an 8 -inch. Mr. Dolan noted that the plan shows an existing cesspool which should have been crushed and abandoned when the sewer connection was done, all of which should be shown on the plan. Mr. Sullivan asked how much fill would be needed to grade the roadway. He also noted that there is no test hole shown for one of the dry wells noted on the plan. Mr. Maloon said he originally anticipated the drywell would be in a different location and had to change the design. Mr. Sullivan also noted that the rims on the drywells shown on the plan differ from ; he rims shown on the detail drawing. He pointed out the need to note how deep the crushed stone is going to be under the rims. Mr. Maloon acknowledged that he should be noting them as " Drywell I and Drywell 2." Mr. Sullivan said he also needs a few more contour lines at the south of the property abutting Baybrook and west, abutting the Carrolls, in order to show the existing drainage patterns. Mr. Sullivan suggested a swale around the toe of the slope to direct new runoff. Mr. French suggested that Mr. Maloon prepare plans showing existing versus proposed drainage, using different colors for each. Mr. Maloon agreed, noting that he would add topo to it. Mr. Sullivan also asked that after the testing and drywells are done, that something simple be presented to show about how much water will go into each of the drywells and that they're capable of taking the water based on testing. Minutes of October 8. 1997 Mrs. Flynn questioned the area outlined in red and whether the entire parcel is part of the application, noting that only the area included in the application should be shown on the plan. Mr. Sullivan said that if the lot line does not exist, the land should be included as part of the residential compound and any restrictions on the permit would apply to the retraining land as well. He also noted that if it is not the intent of the applicant to include all the land, the plan should be revised and an ANR plan prepared. Mr. Maloon said he would talk with the applicants to see what they want to do. Mrs. Flynn said she is concerned about what will be happening with the land and would want to know before voting on the proposal. She also noted that she would like to see the 20 foot common space area next to the Carroll property widened. Mrs. Flynn also asked if the small triangular piece of property was included in the area calculations. Mr. Maloon said it was and that was the way the owner of the property wanted it divided for reasons unknown to him. Mr. French asked if the "test" plan for the conventional subdivison has the same property limits as the residential compound proposal, noting that the outside boundaries of the two plans should be the same. Mr. Maloon said they were not. Board members noted that they should be and suggested that Mr. Maloon talk to his clients about that. Mr. French pointed out that the definition of a "residential compound" states they are all single family dwellings and that the existing home is a two - family. There is a question about whether it can remain a two - family as a pre- existing use or if it will have to be changed in order to include it in a residential compound. The matter needs to be clarified before the Board could issue a special permit. Mrs. Flynn asked if the houses are going to stay within the family and whether they will be forming a homeowners' association. She noted the Board would also need to see that instrument before a decision can be made. Robert Carroll of 145 East Street stated that he is concerned about the drywells and the high water area and wants to be sure the issue is addressed. Mr. Copponi said his train concern is that the area be kept as natural looking as it is now and that he is not opposed to single - family houses being built. He just wants to make sure it's uniform and that the drainage will not be a problem. He noted that it would be nice if they add some trees, stating that lie bought his house because of the way the area looks and doesn't want to see it change. Mr. Eramo noted that it's in their interest as well. Mr. Maloon pointed out that what the applicant is proposing is very similar to Baybrook Farms. Motion: To continue the hearing to October 29, 1997 at 9:00 p.m- (Dolan-Flynn) 5 -0 PASSES 4 Minutes of October 8. 1997 The hearing for Special Permit for a 90 foot monopole on a parcel of land at 30 Reservoir Street was opened at 8:50 p.m. Mr. Sullivan read the notice of public hearing as it appeared in the Mansfield News. John Jadhon, Zoning Coordinator for Cellular Realty Advisors, Inc., made the presentation, noting that the proposed location is in the parking lot of the Mason's Lodge and that they had picked this site for several reasons. • Its proximity to Route 495 • Its slightly higher elevation in relation to the surrounding area, allowing them -to keep it at 90 feet • It can be placed in the back corner of the lot and still meet all the setback requirements Mr. Jadhon introduced the technical advisors on his team: Bart Simon, Site Acquisition Specialist for Cellular Realty Advisors, Inc. Gideon Tella, RF Engineer for Cellular Realty Advisors, Inc. Roy Pyptiuk, Construction Manager, Omnipoint Communications, Inc. Mr. Jadhon stated that they will be more than 500 feet from any residence and meet all the land use regulations of the Town of Mansfield. They won't be requesting any other towers in town, but are presently working with the Town to locate on the water tank in the Industrial park to cover the north end of town. With the proposed location they will be able to link up with their other site. Mr. Dolan asked if they will be offering collocation to other carriers. Mr. Jadhon said they will have the capability and that it will depend on what carriers are able to locate on a 90 foot pole. Mr. Sullivan read correspondence from the following Department Heads: Richard Lewis, Conservation and Environmental Planner; Lee Azinheira, Town Engineer; Jeffrey Siena, Airport Commission Chairman; David Dinneen, Airport Manager; Andy Gazzolo, Trustee of Gazzolo Realty Trust and Player's Choice, Inc.; Patrolman Lance Lawson, Police Department Safety Officer; Robert Morrison, Assistant DPW Director - -Water Department; and Lt. Joseph Sarro, Fire Department. Onimpoint officials, in response to concerns raised by the Airport, stated that they have filed with the Federal Aviation Authority (FAA) and have a report back from them. They stated they are well below the maximum height allowed, being more Minutes of October 8. 1997 than 20 feet below the FAA maximum pole height. Prior to construction, they stated, they always go through the FAA to get their approval and that the FAA is not going to let them use a site it feels is a danger or creates interference in any way. Omnipoint's license requires them to be sure there is no interference and they have a 24 -hour manned station with a posted phone number that can be called if there is a problem. If there is any interference, they shut down operations until the problem is fixed or risk losing their license -- which, they stated, is their lifeblood. Mr. French advised the applicants that the Board is not going to vote on the proposal until they get a plan put together which shows the location of the tower relative to the Airport, with elevations, approach zone, height of tower, information on radio frequency and any other information they can provide to make the Board comfortable with what they are proposing. Present to represent the Airport were Commissioners Jeffrey Siena, Phil Finer and Howard Fiske; as well as David Dinneen, Airport Manager. Mr. Siena stated the applicant must realize there is an airport in the area and that their plan conveniently puts Fruit Street on their map, but not the Airport. In response to the applicant's statement that they are 20 feet below the height allowed, Mr. Siena stated that 20 feet is not much airspace in windy conditions and that the FAA regulations set forth mininnmt standards. He said that in talking only a 20 foot allowance, you're taking an awful chance. He went on to say that the Airport has blimps and LifeFlight aircraft which use their facilities - -often under difficult conditions. He further stated that the Airport has not seen a copy of the FAA report and, to them, it doesn't exist until they see it in writing. Mr. Siena said a tower that close to the Airport doesn't make sense. Mr. French replied that the Board is asking for a plan showing cross sections for just those reasons. Mr. Siena commented that the applicants should have come better prepared. Mr. Jadhon restated that they have filed with the FAA and that they are going forward and would be happy to meet with the Airport Commission. Mr. Siena, speaking for the Airport Commission, said they are not comfortable with the information provided by any stretch o= she imagination. Mr. Dolan asked if the proposed location was the only place they could find for the monopole. Roy Pyptiuk said that when they went looking for an area, this location met all the requirements. They then went through the FAA and met all their requirements. Mr. Jadhon said that in staying with the 90 foot limitation, they don't get alot of coverage, but they were looking for an Industrial District. Mr. French acknowledged that Mansfield's by -law is intentionally tough to encourage collocation. Gideon Tella said they couldn't locate on the West Street monopole because it is too close to the water tank. This location would be in addition to their water tank location. Minutes of October 8, 1997 Phil Finer stated that, as a member of the FAA Safety Council and as a pilot, he knows the applicant would have to have blueprints with elevations and distances t. shown. Karl Clemmey of South Main Street questioned who was notified, stating that he feels he is an abutter, although he is 12 feet over the distance for which notification is required. His reason for believing he's an abutter, he stated, is because Andy Gazzolo owns this piece of land as well as the parcel directly abutting him, which Mr. Gazzolo has put in two different names. He then showed the Board an expansion plan he had obtained for the Player's Choice soccer bubble. Mr. French pointed out to Mr. Clemmey that the hearing tonight is on the monopole - -not the soccer bubble. Mr. Clemmey then stated that Mr. Lewis, the Town's conservation agent, is wrong and that the brook runs right along that property and the applicant needs Corps of Engineers permission. Mr. Sullivan advised Mr. Clemmey that what he's referring to is the Rivers Act. He then re -read Mr. Lewis' memo for the benefit of Mr. Clemmey and the Board. After re- hearing the comments made by Mr. Lewis, Mr. Clemmey claimed that the comments were made based on information taken from the soccer bubble plan and he would let Mr. Lewis know there is more recent information lie should be using. Mr. Sullivan said there would have been a plan filed with the determination of applicability in May of 1996. Mr. Clemmey presented the Board with a letter which, he stated, he had received from Bert Cook, Inspector of Buildings, when he had applied for a tower a few months ago. Mr. Sullivan noted for the record that Mr. Clemmey provided the Board with a letter for their information with whited -out areas, no date and no subject. Mr. French concluded that it would be fair to ask Mr. Lewis what affect the Rivers Act has on this project. Mr. Jadhon, in response to Mr. Clemmey's allegations that his property is closer than 500 feet, said he will have the distances re- checked to be sure they are 500 feet from Mr. Clemmey's property line. With regard to notification requirements, he stated they went by the certified abutters list which shows all abutters within the required 300 feet. Elizabeth Clemmey asked if they have received noise complaints at any of their other locations. Mr. Jadhon said they don't use generators - -they use batteries and there is no noise. The equipment is enclosed in a cabinet which is surrounded by a 6 -foot chain link fence. There are no health issues and they comply with all Federal Communications Commission (FCC) regulations. Mr. Sullivan asked if they need 90 feet, to which Mr. Jadhon replied that they do. Mrs. Flynn asked what the FAA certification stamp on the plan means. Mr. Simon said it is the latitude and longitude survey as to the location of the pole. 7 Minutes of October 8, 1997 Motion: To ask Richard Lewis to provide the Board with a letter identifying what wetland line was used in his review and his opinion on the applicability of the Rivers Protection Act on this project. (Sullivan - Dolan) 5 -0 PASSES Motion: To continue the Public Hearing to November 12, 1997 at 8:00 p.m. Further, the applicant is to provide the Airport Commission with plans by the end of next week for review by the Airport's engineer prior to their meeting with the applicant. (Sullivan- Dolan) 5 -0 PASSES Mrs. Flynn said she would like to see actual photographs of two other Omnipoint sites where they have similar poles. The hearing adjourned at 9:55 p.m. with Mr. Jadlion reviewing the information requested by the Board as follows: • FAA report • re- measure distances to residences • horizontal plans showing the airport and the monopole • radio frequency information • cross section plan • pictures of two other facilities 7. Building construction report for September, 1997. Board members questioned the grandfathered status of lots and suggested that Mr. Burke be asked to check on it. 8. Memo to Shaun Burke from Richard Boucher re: building limitation by -law amendment 9. Public Hearing Notice - Foxboro ZBA 10. Public Hearing Notice - North Attleboro Planning Board 11. Public Hearing Notice - North Attleboro ZBA 12. Public Hearing Notice - Attleboro Municipal Council 13. Historic Massachusetts - Zoning seminar announcement 14. Canoe River Aquifer Advisory Committee newsletter 15. The Beacon 16. Southeastern Regional Services Group meeting announcement 17. 1997 Fall Training for Municipal Officials schedule 18. Journal of the American Planning Association 19. SRPEDD Transportation Enhancement Workshop announcement 20. Better Bicycling Community by Community announcement 21. New England Planning newsletter 22. Bulletin of the Environmental League of Massachusetts Minutes of October 8, 1997 23. SRPEDD Regional Review 24. Letter of resignation from Duane Frederick Motion: To send a letter to Mr. Frederick thanking him for his service to the Board and wishing him well in his new endeavor. The Board also asked that the letter convey members' awareness of and appreciation for Mr. Frederick's contributions to the Master Plan Committee and ZBA, as well as to the Planning Board, and to let him know that we realize we have lost a valuable member of the community. (Dolan - Torman) 5 -0 PASSES Pib;lrc �o�i)tnetzt Karl Clemmey asked if the Board would be reviewing the waiver request he had submitted for his Cobb Street project. Mr. French advised him that it had been taken up during correspondence and he would be receiving a letter regarding the request. Mr. Clemmey stated that he wanted to discuss it with the Board and had been told it would be done later in the evening. He said that he plans to keep a portion of the Cobb Street parcel for two homes for his family and that he needs to know whether the Board will grant him the waivers he'll need before he concludes negotiations with the developers of the proposed Retirement Community project. He told the Board that the waiver is necessary for the deal to take place. He said that the Town benefits with his proposal because it will eliminate 40 houses being built on the parcel, adding 100 children to the school population. Board members discussed various options with Mr. Clemmey in relocating the cul -de -sac. Carole Clemmey said that she wanted one of the lots for her own house because she is tired of living with the noise of Great Woods, Route 495, the Airport and the Soccer Bubble at her South Main Street residence and just wants some peace and quiet. Her daughter, Elizabeth, said she would have her house built on the other lot on Cobb Street if they could get the necessary waivers. Mr. French advised Mr. Clemmey that the Board understands what he's trying to accomplish and will consider the request when the r'an is submitted. He reiterated that the Board is not making any commitments to Mr. Clemmey at this time regarding the waiver requested. round the Table Mr. Dolan asked if there has been any communication on the part of our Town Engineer with Easton's regarding the New Pond dam project Easton is doing. He suggested that it would be a good idea for Lee Azinheira to talk to Easton and see what their project, which he believes is much more extensive than Mansfield's, is costing. Minutes of October 8, 1997 The Board briefly discussed by -law amendments which might be presented at the Special Town Meeting and the required advertising and public hearings to be held in relation to warrant articles. Adjou�rient . Motion: To adjourn at 10:55 p.m. (Torman- Sullivan) 5 -0 PASSES LK Sig ure of Clerk Cvz�i1�� Date of Approval bsite t�CNe�cMeetzn' i)eto�t�r�� �7 �f 7 �ti m 10 Minutes of October 8, 1997