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HomeMy WebLinkAboutmin of planning brd 6/18/1997GEL'I'D ;, r lr f.; OFFICE PLANNING BOARD MINUTES 97 JUL 2 8 CD 12. 30 June 18, 1997 Present:. Thomas French, Chairman; John Sullivan, Clerk; Bernie Dolan �NMdry' ee U;` T5 Flynn; Duane Frederick; Thomas McShane and Kenneth Torman. Meeting called to order at 7:35 p.m. 1. Minutes of June 3, 1997 Motion: To approve as presented. (Dolan - Sullivan) 7 -0 PASSES 2. Minutes of June 4, 1997 - -Amend vote on letter to Water Department regarding water connection requested by Steve Benoit to reflect that the Planning Board does not approve the connection. Motion: To approve as amended. (Sullivan - Flynn) 6 -0 -1 with Frederick abstaining. PASSES 3. ZBA Applications: Arlen and Testy Shaw for a Variance from the sideyard setback at 34 Maple Street in a I -2 Zone Motion: To send a positive recommendation to the ZBA, noting that the garage was constructed with a legal building permit more than seven years ago, thus ending the statute of limitations on a zoning appeal, and noting that the recommendation for the granting of a variance was being done for the benefit of the attorney for the buyer of the property as a housekeeping matter. (Sullivan - Flynn) 7 -0 PASSES ETC Trust I for a Special Permit to expand a pre- existing non - conforming use at 171 Ware Street in an R -1 Zone Motion: To send a negative recommendation to the ZBA since 30 years of zoning changes have taken place since the original construction of the apartments and that apartments were eliminated from that zoning district in the 1970's because of a lack of public utilities, as well as public safety, traffic volumes, and sewerage concerns. (Dolan - Flynn) 7 -0 PASSES 4. Letter from Roy MacDonald requesting a waiver of a hydrant for Classic Court - Mr. Frederick excused himself from this discussion due to a potential conflict of interest as an abutter. Mr. MacDonald explained that there is a hydrant on Mill Street across the road from his residential compound and that by the Board granting this waiver and allowing him to put in a private well, he has the oppor- tunity to sell one lot prior to the expiration of the street cut moratorium and recoup some of the money he has spent on improvements. He further explained Minutes of June 18, 1997 that the Planning Board regulations stipulate that there must be a fire hydrant within 500 feet and that four out of his five lots are within 500 feet of the Mill Street hydrant. He had spoken with someone from the Fire Department and was told that they carry 1,000 feet of hose on the truck and, since his furthest lot is only 650 feet from the existing hydrant on Mill Street, the Fire Department would be able to reach it. Mr. Burke recommended that the Board could grant a temporary waiver with the stipulation that when the road cut is allowed, the water line be extended and the required hydrant be put in. Motion: To request a recommendation and written opinion from the Fire Chief regarding the granting of a temporary waiver for the required fire hydrant at the end of the road and to ask the Chief how his department would fight a possible fire should. one lot be released within the subdivision prior to the installation of the required hydrant. (Sullivan - Torman) 6 -0 PASSES Mr. MacDonald will be put on the agenda for the July 2nd meeting. Mr. Frederick returned to the room. The hearing opened at 8:10 p.m. with the Clerk reading the hearing notice. Town Engineer, Lee Azinheira, showed the Board a plan of the area of Willow Street at Cabot Scenic.Road Public.Hearing , Willow.Street Pond, explaining the proposed realignment of the roadway at the curve and the resulting need for a 15 -inch elm tree to be removed. Various means of improving public safety in the area of the pond were considered, including a crosswalk, striping of a travel lane, boulders and signage. Allen Willis of 3 Gloria Drive and owner of abutting property, advised the Board that this proposal was a condition of the granting of an easement many years ago and has been a long time coming. Bill Moore of Union Street asked how straightening the curve would help the Town reach the goal of improved public safety, stating that he thought people would end up driving faster if the road was straightened. Mr. Azinheira pointed out that there would still be a significant curve and that the enforcement of speed limits is a matter for the Police Department. Motion: To close the Public Hearing at 8:30 p.m. (Dolan - Sullivan) 7 -0 PASSES Motion: To grant the request for permission to remove one 15 -inch elm tree on a scenic road to realign the road for public safety purposes. In addition, spaces will be left on the westerly side of the road for parking, with a white line painted to define the travel lane; boulders to be placed on the easterly side of the road; crosswalk to be painted on the street; and signs Minutes of June 18, 1997 erected from both directions cautioning motorists that they are approaching a recreation area. Further, that the DPW will replace the elm tree with another elm tree of the caliper required by the Subdivision Rules and Regulations, said tree to be planted in the vicinity of Cabot Pond. (Sullivan - Dolan) 7 -0 PASSES Michael Trowbridge pointed out minor changes made since the last meeting as a result of input from the Conservation Commission. He also noted that there would be a clause in the restrictive covenant prohibiting the use of fertilizers within the subdivision. Mr. Sullivan read the following correspondence received since the date of the last hearing: • Memo from Lee Azinheira, Town Engineer, regarding review of the calculations for the 100 -year storm even and concrete culvert design • Memo from Richard Lewis, Environmental & Conservation Planner, regarding update on applicant's meeting with the Conservation Commission • Letter from Michael Trowbridge summarizing Planning Board concerns which the applicant has addressed Ralph Maloon of RIM Engineering was present to further address concerns regarding drainage and a 100 -year storm event. Mrs. Flynn thanked the engineers for the applicant, but stated that this is very technical information and that she would have been more comfortable with their information if the Town Engineer had offered a more detailed, review on behalf of the town. Based upon seeing Hodges Brook overflow during storms throughout the course of many years, she still has doubts about the adequacy of the drainage. Jay Brolin, an abutter to the subdivision, responded that his livelihood is stormwater management and, after reviewing the applicant's submissions, he believes that they are taking a very conservative approach with regard to drainage. He went on to say that, if anything, they are overplanning. He further stated that as an abutter he would prefer the property not be developed at all; however, it's going to be developed, this is the best plan for the parcel, and the developer has responded to every concern that has been raised. Mr. McShane asked about the percentage of open space on the plan as revised. Mr. Trowbridge replied that 126,000 sq.ft. is required and 722,000 sq.ft. is provided. Of that, 107,000 sq.ft. is required to be dry, and 163,000 sq.ft. is provided. Discussion continued, covering sidewalks and the bus stop on School Street. Of particular concern was the guardrail in front of the bus stop and the materials to be used in its construction. Also discussed was the proposed Master Declaration. Mrs. Flynn questioned whether it would be possible to stipulate that the open space be kept in its Minutes of June 18, 1997 natural space forever. Mr. Burke replied that the number of years was restricted by statute, but is renewable. Motion: To close the Public Hearing at 9:30 p.m. (Sullivan- McShane) 7 -0 PASSES Mr. McShane questioned the standards the Planning Board should be using when making a determination on a Special Permit. He said that he has no problem making the determination that the proposal as a Special Permit Cluster is better than a conventional subdivision, but he has a problem determining whether the benefits outweigh the detriments. Other Board members pointed out that the provisions of both Section 5.5 "Special Permits" and Section 5.6 "Cluster Residential Special Permit" within the Zoning By -law have to be considered and that one is not exclusive of the other. Mr. Sullivan pointed out that certainly not developing the property would be desirable, but that it can be developed and, therefore, a cluster residential development would be preferable to a conventional subdivision in order to preserve additional open space. He concluded, stating that both provisions have to be considered when making the comparison, but Section 5.6 then takes primary consideration when making the determination on the cluster residential special permit. Mr. French suggested the Board take a "straw" vote, providing guidance for Mr. Burke to prepare the decision for the Board's consideration. In polling the Board, members were unanimous in their opinion to grant the Cluster Residential Special Permit for Mayhew Farms. Plan Michael Trowbridge, representing the applicant, requested a 2 -week extension of the tim period allowed by statute to review the plan and make a determination. He further requested that review of the proposal be scheduled for July 2, 1997, at which time he would be present for two other preliminary plans. The Board unanimously agreed to the requested extension. MBTA -- °Train Station Hasty Evans, Planner for the MBTA; Joseph Ditchman of Ostendorf - Morris, developer of a proposed plan; and Craig Miller, project manager for STV, were present to update the Planning Board regarding their meeting that evening with the Board of Selectmen. Ms. Evans reported that the "T" is trying to meet Mansfield's needs and that the four areas of concern have been identified. She stated their awareness of the need for a buffer between the residential area and parking facility and the closing off of the cul -de -sac, the upgrading of the train station, the desire to keep the train station downtown, and the need to keep the cars out of the neighborhood. The bottom line, she continued, is that the "T" thinks that Mr. Ditchman's proposal is too expensive and that she has a fiduciary responsibility to come up with a better deal for the "T." She stated that Mr. Ditchman's proposal is just one of the plans under consideration. Minutes of June 18, 1997 Board members reiterated their support for Mr. Ditchman's proposal, citing that it is important to the Town that the train station be kept downtown and that the Board was very pleased with Mr. Ditchman's proposal. Ms. Evans restated her position of trying to get the best plan for the least money possible. Members expressed their frustration over the delays already experienced and their hope that the "T" would move forward quickly with a plan. Mr. Ditchman stated that he intends to continue working with the "T" in an attempt to reach an agreement, but that he is able to do something else with the property if they cannot make a deal. D;i; is P and Maryann Grady for a Variance from the rea. yardsetback at 3 Dustin Court in an R -1 Zone Motion: To send a negative recommendation to the ZBA, noting that relocating the proposed bulkhead and slightly reducing the depth of the proposed addition would allow construction without the need for a variance. It was also noted that the existing deck, shown on the plan, appears to be non - conforming. (Sullivan - Flynn) 7 -0 PASSES Beverly Petemn for a Variance from the side yard setback at 223 Winter Street to connect an existing single - family house and existing detached garage in an R -1 Zone Motion: To send a negative recommendation to the ZBA because a 5 foot sideyard seriously derogates from the intent of the Zoning By -law. (Dolan - Flynn) 7 -0 PASSES 2. Letter from Ronald Bonvie re: request for extension of time to complete Balcom Ridge Estates II and III subdivisions. Mr. Burke detailed the lack of progress that has been made in completing the required improvements and recommended that the Board not grant the developer additional time. Motion: Not to grant the request for additional time and to notify the developer that if the required improvements are not completed by the July 19, 1997 deadline, the Board will find him in default. (Dolan - Flynn) 7 -0 PASSES 3. Request for partial release of surety - George Fram Estates. Motion: To release $18,966.59 for work completed as requested, leaving a balance of $92,280.18. (Flynn- McShane) 7 -0 PASSES 4. Request for release of balance of surety as the result of completion of Tara I and Tara Minutes of June 18, 1997 II Estates. Mr. Burke advised the Board that the streets were scheduled to be accepted at Town Meeting this spring, but there had been a couple of minor things left to do which have since been completed. Board members were concerned that Mr. Clifford was recommending release of the entire balance when Board policy is to retain 10% until such time as the streets are accepted. Motion: To retain 10010 of the balance of surety being held, releasing the remainder of the surety. (Sullivan - Flynn) 7 -0 PASSES 5. ZBA Decisions for: • Anthony and Eleanor DiLulis for lot width variance for lot located adjacent to 200 Fruit Street - Denied • Blackhawk Realty Trust - modification of an existing Special Permit to allow for the placement of a 6 foot high fence instead of the plantings required at 66 West Street (Old Colony Motors) - Granted Board members questioned why the Zoning Board regularly votes opposite the Planning Board's recommendation on variance requests. Leonard Flynn, a member of the ZBA who was present in the audience, explained that in this particular case the ZBA was acting on a plan which was different than the one which had been presented to the Planning Board for review. He stated that in this particular instance the abutter preferred the fence, and that in general, there is a big difference between the Planning Board reviewing a plan in front of them and the Zoning Board looking at the same plan at a public hearing with the applicant and abutters present and explaining their request. The discussion continued regarding philosophical differences. • Steven Whalen for a side yard setback variance at 333 Franklin Street - Granted • Stephen Girard for a side yard setback variance at 15 Surrey Drive - Granted 6. Memo from Shaun Burke regarding street cut permit requested by Folkman & Zola - Mr. Burke reported that the Selectmen granted the request at their meeting this evening. 7. Public Hearing Notice - Foxboro ZBA 8. Public Hearing Notice - North Attleboro ZBA 9. New England Planning magazine 10. Network - newsletter of Mass. Housing Partnership Fund 11. Planning magazine 12. The Beacon 13. Planners Book Service 14. Weston & Sampson Inspector Report 15. New England Economic Indicators ANR Plaii (Approval Not Required) Minutes of June 18, 1997 A Land Court Plan for land owned by the Commonwealth of Massachusetts at the intersection of Route 140 and Chauncy Street was presented to the Board for endorsement, along with a request for the waiver of the fee. Motion: To endorse the plan, but not to waive the fee. (Flynn - Dolan) 6 -1 with McShane opposed. PASSES Richard Devine of Morgan Road asked if the Planning Board has heard anything from the Building Inspector regarding how the building limitation by -law will be implemented. Discussion followed as to Mr. Devine's interpretation of the by -law he authored. Areas discussed were: • what lots would be grandfathered • whether the 115 limit started retroactive to January 1st or at the date of adoption • whether the calendar year would be January through December, June through May based upon the date of adoption, or July through June - -the Town's fiscal year Motion: For Mr. Burke to write a letter to the Building Inspector stating the Planning Board's interpretation of the by -law and asking for his opinion in writing as to whether he is in agreement. (Dolan - Sullivan) 7 -0 PASSES Around the:Table . Dr. Torman asked for additional information and discussion regarding the difference of opinion between ZBA and Planning Board on the granting of variances. Mr. Flynn, member of the ZBA, explained that the statute requires the Planning Board to make a recommendation to the ZBA, but that the Planning Board does not hold a public hearing. At the ZBA public hearing, they receive far more information and input to consider in making their decision than the Planning Board does when reviewing just the application and plan. Board members discussed whether they should ask for more information, ultimately deciding their role is to review and recommend and not hold an additional public hearing. Mr. McShane inquired about the activity at the Osco Drug construction site, stating that he had heard a rumor that they had encountered hazardous waste. Mr. Burke responded that the site was presently being recharged and that it was once a dumpsite, but there was no hazardous waste disposed there. Mr. French asked about the status of the Massapoag default situation. Mr. Burke advised the Board that the bank has refused to release the funds and that a motion has been filed asking the judge to clarify her decision. The delay is being caused because the judge wrote the decision while sitting in Dedham, and is now presiding in Worcester. Motion: To adiourn at 11:20 Minutes of June 18, 1997 Z, ri , Sigh} ture of Clerk Minutes of June 18, 1997 Date of Next Meeting: July ;2, 1997 0-:7;30 p:m. Date of Approval