HomeMy WebLinkAboutmin of planning brd 12/3/1997PLANNING BOARD MINUTES --
December 3, 1997
1 Q 1
Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Marydee Flynn;
Scott Frank- and Kenneth H. Torman. Also present was Shaun P. Burke; Director of
Planning and Development. iiA5S ;L, 11 ir:.ITS
Meeting Called to Order at 7:30 p.m.
Gorrgsponde�tCe
ANR (Form A) Plans
Form A for LMW, LLC (Great Woods Center for the Performing Arts) to remove the
interior lot lines of Parcel A, Parcel B and Parcel C to form one parcel containing
an area of 207.17 acres on South Main Street in an I -I Zone. Mr. Burke advised
the Board that the plan meets all zoning requirements for the I -1 Zone and
warrants endorsement.
Motion: To endorse the Form A.
(Sullivan - Flynn) 4 -0 with Mr. Frank not present. PASSES
Karl Clemmey of 750 South Main Street arrived at the meeting at this point and, upon
discovering that the Form A had been signed, asked to look at it. He advised the Board
that the parcels are under different ownership and that he believes the Board should get a
legal opinion regarding signing a Form A that includes Land Court land. Attorney
Hoffman, who was present representing the applicant, advised Mr. Clemmey that they
were not dividing any land and that all parcels are owned by the same entity. Mr.
Clemmey then noted that he was disturbed that someone can bring in a plan at the last
minute and have it acted on first on the agenda.
Mr. Burke explained that Form A plans are handled with correspondence and, if the Board
knows that someone is in the audience waiting for the endorsement of a plan, the Board as
a courtesy will take it out of order. Mr. Clemmey reiterated that he doesn't agree with the
Planning Board signing a Form A which contains Time Trust's Land Court plan.
Form A Plan for Compo ChemicalNersacare creating two lots on Branch Street. Mr.
Burke advised the Board that the plan meets all zoning requirements and warrants
endorsement.
Motion: To endorse the Form A plan-
(Flynn-Sullivan) 4 -0 with Mr. Frank not present. PASSES
1. Minutes of November 5, 1997
Motion: To approve as presented.
( Torman- Frank) 5 -0 PASSES
Minutes of December 3, 1997
2. Minutes of November 12, 1997
Motion: To approve as presented.
(Sullivan - Torman) 5 -0 PASSES
3. Minutes of November 18, 1997.
Motion: To approve as presented.
(Sullivan - Torman) 4 -0 -1 with Mr. Frank abstaining. PASSES
4. Form J Release for Lots 48 -54 Mill Farm Estates.
Mr. Burke explained that the lots are being released and immediately being
placed back under covenant.
Motion: To sign the Form J.
(Sullivan - Flynn) 5 -0 PASSES
Dan DeMarco was present at the Board's request to present Campanelli Companies' plans
for the Great Woods Business Park which will be located on a parcel of land situated
mainly in Norton. Mr. DeMarco introduced the other individuals with him: Dan Cleary of
VHB; David Kelley of Bradford Savitz; and Mary Murphy of Campanelli Companies. He
reviewed the company's background and history and presented a conceptual plan of the
proposed business park. Mr. DeMarco noted that the development will require four
wetland crossings and will be served by Norton sewer through their arrangement with
Mansfield and that Norton's commitment for 400,000 g.p.d. of water has been reduced to
150,000. He pointed out that the parcel contains a small residential subdivision of 35 to
40 lots in Norton on the south end of the site and that there are 90 acres in Mansfield,
most of which are wetlands with a small area of uplands that has no access, but could have
some potential commercial value to the Great Woods Center for the Performing Arts.
Dan Cleary of VHB stated that he is Director of Land Engineering and is responsible for
the permitting process. He noted that two meetings have been held with 1VIEPA and a
scoping session was held on site on November 6th. He advised that the comment period
has been extended to December 15th to allow time to clarify some issues of process and to
provide additional information regarding wetland issues and the Phase 1 �- Waiver. He stated
that they are asking to be allowed to go forward with the permits for the initial 265,000
square feet of the project in the front area. He pointed out that the roadway has been
placed to reduce the impact on the wetlands and that the Environmental Impact Report
will cover the whole project, including the front portion on which the Phase I waiver has
been requested. He noted that the draft decision on the waiver is expected January 10,
1998.
Mr. DeMarco continued, explaining that they have taken the 1989 wetland delineations
and started reflagging.
Mr. Sullivan asked if the note "potential access" on the Mansfield parcel will be taken off
2 Minutes of December 3, 1997
the plan. Mr. DeMarco replied that it will be. Mr. Sullivan also asked if the parcel goes
out as far as Oak Street on the Norton end and verified that the red dotted line is the
r'
zoning line between R -1 and R -2. He also verified that there is just one access from
Route 140.
Mr. Frank asked about the ownership structure and whether the buildings would be sold
or leased. Mr. DeMarco said the Park will be developed by Campanelli Companies and
that most of it will be leased, with Campanelli retaining ownership. Some will be sold
directly to the users, but Campanelli Companies will maintain development control and
management responsibility for the Park.
Dr. Torman asked if there is any optional route planned for access to the Park. Mr.
DeMarco said there is not.
Mrs. Flynn asked Mr. DeMarco to confirm his earlier statement that the portion of the
parcel on the Mansfield side might have some commercial value to Great Woods and he
did so.
Mr. Burke asked about the plans for the smaller parcel zoned for residential use. Mr.
DeMarco said they haven't shown any development activity on that portion and would
probably try to have it rezoned for commercial use at some point in the future. Mr. Burke
also asked if they would be seeking access on Oak Street within the easement. Mr.
DeMarco said that it is not wide enough for a roadway and is shown as a pedestrian path.
Upon Mr. Burke's question of timeframe for construction, Mr. DeMarco said the project
would be done in phases and would be on a limited basis until the end of 1998 with
completion of the first phase sometime in the middle of 1999, and that the entire parcel
would not be developed until late 1999 or 2000 - -after completion of the MEPA review.
Mr. Burke also asked how Norton's reduced commitment down to 150,000 g.p.d of water
affects the plan. Mr. DeMarco said they are in the process of determining what amount of
development corresponds to that limit and have not yet reached their determination
regarding the different intensities of uses. He further stated that 400,000 g.p.d. would
support total buildout.
Mr. French asked how important the improvement of the intersection of I- 495 /Route 140
is to their development. Mr. Cleary said it can be supported by the intersection that exists
now and that, as they expand, they will have to study at what phase improvements to the
intersection will be necessary.
Karl Clemmey of South Main Street spoke in favor of the proposal, stating that this
company has come in front of various boards and answered questions that most companies
don't. He further stated that the proposed development will create a lot of jobs and be
good for the tax base and that it preserves the area of the Great Woods since they are not
interested in building a road through it.
Mr. French asked if their study takes the proposed "Great Waves" into consideration. Mr
3 Minutes of December 3, 1997
C
Cleary noted that the "Great Waves" project was announced after their proposal and that
both projects will be required by MEPA to look at each other in a comprehensive manner.
Mrs. Flynn asked if they have comnutted in writing not to put a road through the Great
Woods. Mr. Cleary referred to the road that was proposed during the LegoLand
discussions and stated that what they have said is that they have no intentions of pursuing
that option.
Mr. Sullivan asked if Norton has a problem with the length of the proposed cul -de -sac
road. Mr. Kelly said that Norton's subdivision rules and regulations are set up by the
number of lots as opposed to length and that the cul -de -sac was done to minimize the
impact through the wetlands.
Dr. Torman noted that if the cul -de -sac roadway was extended to the north, it would run
out to Oak Street. Mr. Cleary replied that doing so would require crossing two residential
zones and that zoning would not allow that for commercial access.
The presentation concluded at 8:55 p.m.
The public hearing was re- opened, with Mr. Sullivan reading correspondence received
since the last public hearing as follows:
• Letter of October 10, 1997 to John Jadhon from Airspace Safety Analysis Corporation
• Letter of November 4, 1997 to Shaun Burke from John Jadhon regarding materials
provided to the Airport Commission
• Letter of November 4, 1997 to Roy Pyptiuk, Omnipoint Construction Manager, from
Shaun Burke
• Letter of November 7, 1997 to Shaun Burke from John Jadhon regarding the C -3
drawing
• Letter of November 12, 1997 to Shaun Burke from John Jadhon requesting a
continuance
• Letter of November 21, 1997 to Airport Commission from David Fish, Project
Manager for Campbell & Paris Engineers
• Letter of December 3. 1997 to Shaun Burke from David Dinneen, Airport Manager
Mr. Jadhon introduced his colleagues present: Roy Pyptiuk, Construction Manager, and
Gideon Tella, Frequency Engineer. He then advised the Board that the revised plan shows
the 500 foot radius and that the residence in question is 20 twenty feet outside of the 500
foot buffer zone. He also presented pictures of a tower showing one array and located in
Philadelphia which is like the one proposed. He also addressed the question of frequency
interference with the airport frequency used and stated they have filed with the FAA as
required and have a letter of approval. The issues raised by the Airport Commission, he
4 Minutes of December 3, 1997
stated, have also been addressed point -by- point. He said the last concern was the tow line
of the blimp becoming entangled in an array. He noted their attempt to produce a rough
photo simulation of a rounded structure to encase the array which they had come up with
1. that would allow the tow line to bounce off the structure. He said the FAA has indicated
that the height of the monopole is not a hazard.
Mr. Siena pointed out that Airspace Safety Analysis Corporation rendered a determination
based on the plans sent to them by Omnipoint and that the opinion from the Airport's
engineers, Campbell & Paris, note their belief that the location of the airport's runways are
depicted incorrectly on Omnipoint's plan. Mr. Jadhon said the turf runway was shown on
the revised C -3 plan and that the plans were certified by a registered professional engineer,
whose certification Omnipoint rests on. Mr. Siena also advised the Board that some of the
materials requested arrived too late for their engineer to review prior to their meeting with
Omnipoint. He also cited the Airport Master Plan's recommendation for paving the
runway and the possibility of having to realign them, which would bring them closer to the
proposed monopole. Mr. Jadhon indicated Omnipoint's willingness to take down the
monopole should it become a problem for the airport at some time in the future. He stated
that as it exists today, the FAA has said it is safe. David Dinneen, Airport Manager, stated
emphatically that the FAA has not said that. Mr. Jadhon corrected himself, stating that
"indications show it will in time." He said the Board could grant approval conditional on
FAA approval and that Omnipoint has used Airspace Safety Analysis Corporation as a
consultant on many sites and they have not been wrong yet. Mr. Siena noted that the
clearance area between the minimum required and the height of the tower is only about 64
feet and that the Airport Commission still thinks it's a significant safety issue. Mr. Jadhon
noted that the way the runway presently exists, they meet FAA standards with 64 feet to
spare.
Mr. Dinneen explained that it is necessary to maintain 125 feet from the center line on
either side of the runway and that the flight paths have been established in an attempt to
abate noise in the immediate neighborhood. He pointed out that the FAA is currently
working to review 700 towers proposed in New England and that he doesn't foresee a
quick approval from the FAA on this proposal. Mr. Siena pointed out that many of the
problems with the siting of the monopole could have been avoided had Omnipoint
contacted the Airport Commission during the planning process. Mr. Jadhon replied that
the Airport wasn't notified because there did not appear to be an obstruction. If there had
been anything within the buffer zone, they would have been notified automatically. Mr.
Dinneen countered that this has not been determined yet and that State regulations require
notification of anything 75 feet high within a 2 mile radius.
Mr. Frank asked if we know it will come within the buffer zone if the turf runway is
realigned, or if that still has to be determined. Mr. Siena said Omnipoint's consultant did
not have a copy of the Airport Master Plan and, if they had first met with the Airport
Commission, the problem could have been avoided. He said that if the monopole goes up
and the runway is realigned, the FAA would deny their application for grant money.
5 Minutes of December 3, 1997
Mr. Jadhon advised the Board that Omnipoint would voluntarily remove the monopole if it
becomes a problem and that they would be willing to accept that as a condition of the
Special Permit. He noted that they have tried to address every concern as it comes along
and that the Telecommunications Act states that the burden is on the permit granting
authority to state why the permit should be denied. He pointed out that if the FAA says
it's safe, this is no different than a neighbor saying they don't want it. Mr. French
questioned whether the offer to take the tower down would be an enforceable condition
and Mr. Burke replied that he has never seen that as a condition of a Special Permit. He
noted that if we agreed to grant the permit with that condition, they could lease space to
someone else and it would be litigated. Mr. Frank agreed that he didn't think we could
influence future contingencies. Mr. Jadhon said that with the tower only being 90 feet, the
likelihood of there being another carrier is not very great and that they would make
anyone they lease space to aware of the possibility. He further noted that it would be no
different than any other Special Permit when a condition is violated and that Omnipoint
would be willing to post a bond to cover the removal. Mr. Jadhon restated that if the
FAA determines it's a violation and airport funding is jeopardized, they would take the
tower down and move it.
Mr. Frank noted that the FAA is taking an average of 120 days to make a finding. Mr.
Jadhon replied that they filed two months ago. Mr. Frank then asked, if permission to
erect the monopole was granted tonight, what work they would be doing prior to FAA
certification. Mr. Jadhon said they would start the foundation work at their own risk.
Mrs. Flynn commented that the Board worked very hard on this by -law and that she
l remembers providers' input on why collocation would be so great and that fewer towers
would be needed because they could use church steeples and other high structures and
that they could make them aesthetically acceptable. In light of that she questioned the
applicant as to why they chose this area. Mr. Jadhon replied that the site meets all the
criteria set forth in the by -law- -it's in an I -1 zone, meets setback requirements, is more
than 500 feet from any residence and, at 90 feet, they can connect the signal with their
network. Until they are located at that site, their network is limited. Mrs. Flynn asked
what happens to their network if the tower is later removed and, if they can move it later,
why can't they just do that now and avoid the problem in the future. Mr. Jadhon said
there would be a hole in their coverage until they could find an alternate site and that it
might require two sites instead of one. In the future there might also be a building in town
on which they could locate, which doesn't currently exist.
Mr. French stated that there still seems to be a question as to whose plan is right and
asked what the Board would like to do. Mr. Sullivan said he would like to make sure the
layout is correct and that the plan is not stamped by a registered land surveyor. Mr. Frank
said he would like to wait until a final determination is received from the FAA prior to
approval. Mr. Jadhon said if it's just the FAA approval, the Board could grant the permit
now conditional upon FAA approval. Mr. French pointed out that when the FAA
determination is received, it may very well be more than a "yes" or "no." Mr. Burke
noted that a building permit would not be granted without FAA approval. Dr. Torman
6 Minutes of December 3, 1997
said that he doesn't feel that all the questions have been answered and that the FAA
finding will not take into consideration the potential realignment of the runway. Mr.
Jadlion asked what questions remain unanswered, to which Dr. Torman replied the issue
of MedFlight helicopters which fly under adverse conditions and don't follow the
established flight paths. He also pointed out that when you go for a private pilot license,
you can be 100 feet off in distance and still pass the test - -and this is only a 64 foot buffer.
Mr. Frank asked if we could get an opinion from Town Counsel to see if the condition
that the tower be removed if it's a problem is enforceable. Mr. Burke said he's never seen
it done before and that he's not comfortable with the idea. Mr. Sullivan said he would like
to see the applicant put their offer in writing and present it to the Board for consideration.
Mr. Jadhon noted that it's on the record. Mr. Sullivan replied that if it's attached as a
condition, it would be the Board's acceptance of the applicant's offer to remove the tower
should the need to arise. Mr. French said that it also provides clarity and that, if it's on
the record, there's no question afterwards as to what was offered and accepted.
Motion: To continue the public hearing to January 21, 1998 at 8:00 p.m. to allow the
applicant to have the location of the runway on the plan verified and stamped by a
registered land surveyor; to allow the applicant to present their offer in writing to remove
the tower if necessary and to post surety for its removal; and to allow more time for the
FAA determination to be received.
(Frank - Flynn) 4 -0 -1 with Dr. Torman abstaining.
1�iat►ottalLttriihet` S9fePl�nRe�teai
Jim Dunn of McKenzie Dunn was present to review National Readville Realty Trust's site
plan for National Lumber's facility off Maple Street. He presented the plan, pointing out
the area into which they would like to expand their operations for the storage of materials.
Access would be through a proposed truck gate onto an asphalt surface. He also pointed
out the stop sign shown on the plan coming out of the storage area and the area of white
pine used for screening. He reviewed the lighting and the catchbasins with hooded
outlets.
Mr. Sullivan read correspondence received from Department Heads as follows:
• Shaun Burke, Director of Planning and Development
• Lance Lawson, Mansfield Police Department
• Copy of Order of Conditions from the Conservation Commission dated July 28, 1997
• Bob Morrisson, Assistant Director of Public Works
Mr. French asked about the location of the nearest fire hydrant and was told it is right
across the street. Mr. Sullivan asked what was on the other side of the access road and
Mr. Dunn said it is the old Owens - Illinois building.
Mr. Burke noted that the intended use is storage and that the plan has been modified to
( address all comments made at the site plan meeting. He suggested the Board send a
7 Minutes of December 3, 1997
positive recommendation to the Building Inspector. He further pointed out that they are
outside of the Zone 2 and are using best management practices for stormwater.
Mrs. Flynn questioned the height of white pines and suggested that a different species be
used for screening. Mr. Dunn said that he would have no problem changing them to
hemlocks.
Motion: To send a positive recommendation to the Building Inspector on the plan as
revised in accordance with Department Head comments and that the white pines shown on
the plan be changed to 6 foot Canadian hemlocks.
(Torman- Frank) 5 -0 PASSES
ZBA Application of Motorola Information Systems Group for a Variance from the
height and setback requirements for a 180 foot latticework telecommunications
tower on West Street in the I -1 Zone. Mr. Burke suggested that the Planning
Board send a negative recommendation on the request as it totally violates
the intent of the recently adopted by -law.
Motion: To send a negative recommendation to the Zoning Board of Appeals because
the request does not conform to the by -law recently adopted with regard to height
and setbacks, and the actual structure is of latticework construction which also
violates the by -law. Also to be noted in the recommendation is the fact that the
Planning Board held public hearings regarding the by -law, during which
information was presented by various industry officials that was implemented
in the drafting of the antenna by -law.
(Sullivan- Flynn) 5 -0 PASSES
5. Letter from Barbara Mahoney requesting meeting to discuss proposed affordable
senior housing (meeting scheduled for January 7, 1998 at 8:00 p.m.)
6. Copy of letter from Peter and Sarah Nesbeitt to Trudy Coxe re: Great Woods
construction
7. Public Hearing Notice - Attleboro Planning Board
8. Public Hearing Notice - North Attleboro ZBA
9. Public Hearing Notices (4) - Easton ZBA
10. Public Hearing Notice - North Attleboro Planning Board
11. Public Hearing Notice - Attleboro ZBA -
12. Public Hearing Notice - Norton Planning Board
13. Notice of Special Permit - Easton Planning & Zoning Board
14. Public Haring Notice - Plainville Planning Board
15. Taunton Registry of Deeds newsletter
16. ICMA Publications and Services Catalog
17. The Beacon
18. SRPEDD Joint Transportation Planning Group meeting notice
Minutes of December 3, 1997
19. LLRW Up -Front newsletter
20. Mass. Alliance for Economic Development seminar notice
�- 21. Planning magazine
22. Community Development Digest
23. The Commissioner newsletter
24. Mass Interchange newsletter
25. Request for partial release of surety and recommendation from Dan Clifford on
Stearns Hill Estates Phase IV
Motion: To release $2,690.00, leaving a balance of $83,504.23
(Sullivan- Frank) 5 -0 PASSES
26. Request for partial release of surety and recommendation from Dan Clifford on
Sturbridge Estates
Motion: To release $36,910.17, leaving a balance of $104,271.83
(Sullivan - Torman) 5 -0 PASSES
27. Request for final release of surety and recommendation from Dan Clifford on
Baybrook Farms
Motion: Motion to release $12,000.00, leaving a $0. balance
(Sullivan - Flynn) 5 -0 PASSES
Mr. Burke pointed out that the situation also exists for Jameson Court and Fox Street and
suggested that the Board also vote to release the remaining surety on these streets which
have been accepted by Town Meeting.
Motion: To release the balance of surety held for Jameson Court ($5,168.00) and
Fox Street ($12,826.00).
( Torman- Frank) 3 -2 with Flynn and Sullivan opposed PASSES
28. Memo from Richard Lewis inviting the Board to attend the presentation of
conservation grant funds on December 5th at 1:00 p.m.
Ptbltc Comment
Karl Clemmey of 750 South Main Street asked the Board if they would consider changing
their meetings to a night other than Wednesday, stating that he doesn't think the Board of
Selectmen and the Planning Board should be meeting on the same night because he needs
to be at both meetings and it makes it difficult for him. Mr. Burke noted that meeting
space is a problem other nights and agreed to check on availability.
Mr. Clemmey also made the Board aware of zoning changes he intends to sponsor for the
Annual Town Meeting relative to his properties on Copeland Drive and on West Street
Minutes of December 3, 1997
and noted the final date for the comment period regarding the Great Waves proposal.
Motion: To adjourn at 11:15 p.m.
(Sullivan- Frank) 5 -0 PASSES
ignature of Clerk
l�Iext 14Tcetzn 17ecember �7„ �9�7 of � 3a m
/Z /iZz � 7
Date of Approval
10 Minutes of December 3, 1997