HomeMy WebLinkAboutmin of planning brd 8/27/1997-IrE!
PLANNING BOARD MINUTES 9` 7 S�, Cn I I P
August 27, 1997
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Present:. Thomas French, Chairman; John Sullivan, Clerk; Bernie Dolan; Thaima�` S (i S
McShane and Kenneth Torman. Also present was Shaun P. Burke, Director of Planning
and Development.
Meeting called to order at 7:40 p.m.
Correspondence
1. ANR Plans
Parcel of land off Gilbert Street owned by Beaton Realty Trust divided into two
lots.
Motion: To endorse the plan with the notation "The above endorsement
is not a determination as to conformance with zoning" due to lot
width and with the understanding that another plan will be
submitted with the fee waived for the amended plan.
(Dolan- Sullivan) 4 -0 -1 with Mr. French abstaining. PASSES
Parcel of land off South Street owned by Peter Fontanini divided into two lots.
Motion: To endorse plan.
(Sullivan- Dolan) 5 -0 PASSES
2. Minutes of July 30, 1997 - correction noted on page 5 ( "silting" should be "siting ")
Motion: To approve.
(Dolan- McShane) 4 -0 -1 with Mr. Sullivan abstaining. PASSES
3. Minutes of August 6, 1997
Motion: To approve.
(Dolan - Sullivan) 4 -0 -1 with Mr. McShane abstaining. PASSES
4. Letter from Richard Devine requesting that Planning Board obtain an opinion from
an "independent attorney" re: implementation of building limitation by -law.
Board members surmised that this letter was in response to a letter sent to Mr.
Devine by Mr. Cook and asked that Mr. Burke check with Mr. Cook and provide
them with a copy of the letter to which Mr. Devine was responding. Board
members noted also that Mr. Cook should be able to get an opinion from
whomever he wants to.
Minutes of August 27, 1997
8:00 p.m. Sprint Spectrum Public Hearing
Mr. Sullivan read the hearing notice which had appeared in the Mansfield News on
August 1st and August 8th, 1997. Attorney Edward Valanzola was present to represent
Sprint Spectrum and Bell Atlantic Nynex Mobile (BANM) in their request to replace an
existing 150 foot monopole on West Street with a new monopole of the same height,
having the ability to accommodate six arrays, an additional concrete pad and equipment
shelter. The pole will also accommodate antennas for municipal public safety needs at no
cost. Mr. Valanzola noted this will all be contained within a 36 foot by 52 foot fenced
and gated compound and will have little visual impact, being located in the Industrial 1
zone with the closest residence approximately 700 feet away. Correspondence was read
from the following department heads: Richard Lewis, Conservation and Environmental
Planner; Lt. Joseph Sarro, Fire Department; Lee Azinheira, Town Engineer; and Shaun
Burke, Director of Planning and Development.
Mr. McShane referred to the Department of Public Health information provided and
asked about the power density at the residence located 700 feet from the site. Bill Erwin,
a physicist from MIT, noted that the power density decreases with distance and that it
would be 7,000 to 10,000 less at a distance of 700 feet.
Mr. Sullivan asked how the Board can be assured that the Town will be guaranteed the
ability to attach to the monopole if they so choose and said he would like to see a letter
sent to the Police Department, Fire Department and Department of Public Works advising
them of the opportunity and providing the name and phone number of a contact person.
Mr. Burke pointed out that the request meets both the spirit and intent of the newly
adopted antenna by -law and that he is pleased that the first application received under this
by -law is to replace an existing monopole. He recommended that the Planning Board
grant the Special Permit requested.
Patsy McSweeney of Nextel stated that this is a great way to reduce the number of towers
within the Town and that she is pleased. that Nextel will be located on it.
Mr.Valanzola pointed out for the sake of clarification that the monopole would
accommodate six arrays, with the ability to place twelve antennas per array.
Mr. McShane asked if the radiation exposure analysis was calculated on the maximum
number of arrays and antenna. Mr. Erwin indicated that the numbers still fall below the
Massachusetts Department of Public Health limits.
Minutes of August 27, 1997
Mr. French asked how the old tower would be taken down. Ms. McSweeney said it
would be unbolted in twenty foot sections, taken down by crane and removed. This will
be done as soon as the applicants are able to obtain a permit and that there would be a
brief time when two towers are in place while they make the conversion.
Motion: To close the Public Hearing at 8:28 p.m.
(Sullivan- Dolan) 5 -0
Motion: To grant the Special Permit for a 150 foot monopole to replace the
existing 150 foot monopole, the new monopole having the ability to
accommodate six arrays, with the condition that the applicant is to
provide a letter to the Police, Fire and Public Works Departments
advising them of their ability to attach their antennas free of charge with
the name and phone number of a contact person and, further, that the
applicant address the August 27th letter regarding possible Conservation
Commission issues.
(Sullivan - Dolan) 5 -0 Passes
Board members gave their reasons for their affirmative votes as follows:
Mr. Dolan: Voted in favor because it meets the purpose of the new by -law which the
Board spent a long time working on. He noted that he was glad they were replacing an
existing pole.
Mr. Sullivan: Voted in favor because the applicant is replacing an existing pole and
providing for more capacity on the new pole to better serve the local area and community.
Mr. McShane: Voted in favor because it is consistent with the purpose of the new by -law
in encouraging collation and because of the offer of a public benefit to the Town.
Dr. Torman: Voted in favor for the reasons already stated.
Mr. French: Voted in favor for the reasons already stated.
Appaloosa Estates Preliminary Plan Review
Michael Trowbridge and Bob Meeks were present, with Mr. Trowbridge presenting the
revised plan. He pointed out that the location of the open space had been changed by
straightening the roadway and revising Lot 5. The house on Lot 5 would be built closer to
Williams -Street under the revised plan, which will disturb less wooded area. He noted the
letter received from Fire Chief Sliney and pointed out that they are within 500 feet of a
hydrant which will reach Lot 1 and possibly Lot 2. There is already one house under
Minutes of August 27, 1997
construction with a valid building permit and water service provided by a one inch line
that was extended to it several years ago.
Mr. Sullivan asked if Lot 7 meets the 150 foot width requirement.
Mr. Dolan noted that at the previous hearing Duane Frederick had asked how many lots
there would be under a traditional subdivision plan and asked if the lots would perc. Mr.
Trowbridge replied that they had passed the perc tests when the old plan was drawn in
1987 -1988 and he had no doubt they would now, since they are still valid perc rates. Mr.
Trowbridge also said that if the Board doesn't think Lot 7 meets the lot width definition,
he can go back and reconfigure it. He can still definitely get six lots under a traditional
subdivision plan, and the residential compound special permit still requests fewer than
that.
Mr. Dolan questioned whether the hydrant issue is straightened out with the Chief's letter
and what the policy is for firefighting. Mr. Burke said we don't know what the policy is
because it's just evolving now, since the problem hasn't arisen until lately.
Dr. Torman asked if the lot in front would fit with the roadway. Mr. Trowbridge pointed
out that Williams Street is a scenic road and has to be 75 feet, with which they have no
problem conforming.
Mr. French advised the-Board that Mr. Trowbridge should be given some direction. Mr.
Trowbridge noted that Lot 5 is a bigger lot and would be contiguous with the rest of the
open space, resulting in fewer trees being dropped.
Motion: To support the residential compound concept for all of the reasons previously
stated: drainage issues are resolved with less roadway; the house is better up front
with more dry open space land; with the house up front and the driveway
straightened, no trees or stone walls on Williams Street will be disturbed.
(Dolan- McShane) 4 -0 -1 with Mr. Sullivan abstaining. PASSES
Maple Eill Estates II Preliminary Plan
Michael Trowbridge and the Planning Board continued the discussion which began at the
previous review regarding whether the Board had in fact asked the applicant to come
back with a plan for a residential compound. The makeup of boards changes from year to
year, and there are currently members on the Planning Board who were not a part of the
discussion on the old plan. Board members generally agreed that because a previous
board suggested the applicant come back with a residential compound plan, this Board
should not be obligated to approve it.
Minutes of August 27, 1997
Mr. Burke noted Back Bay Circle was denied three times, but each time they came back
in, the plan got progressively better. He agreed that on this site a residential compound
would be better than a traditional subdivision, but that if the Board doesn't think it's a
good plan, they shouldn't vote for it.
Mr. Trowbridge explained that Mr. Thibeault spent a great deal of money having him do
the engineering plans for the traditional subdivision submitted. He was then asked if he
would consider going with a residential compound. He did and spent more money having
those plans drawn and withdrew the traditional subdivision plan because a previous
Board supported the sketch of the residential compound. As a result, zoning protection
for the previous plan has expired.
Mr. Sullivan asked Mr. Trowbridge if he's trying to get as many lots in with a residential
compound as he had with the traditional subdivision. Mr. Trowbridge said they had six
lots under the old plan that was withdrawn and that they now have five. Mr. Sullivan
then asked why they had taken so long to come back in with the residential compound.
Mr. Trowbridge replied that the applicant has owned the land forever and wasn't pushing
it. He said the Conservation Commission also worked with them and asked them to do a
residential compound. Mr. Sullivan noted that the timing was a problem for him and that
they had waited too long to come back in with the new proposal.
Mr. French countered that this is a better design than the previous plan. He also noted
that the Board has been attempting to slow growth and that in this case, waiting did slow
growth. The site is there and it's a given that something will be built on it. This plan is
better because the conventional plan increased drainage problems due to the width of the
roadway and the amount of paving required.
Dr. Torman stated that he was not on the Board when the plan was previously approved,
but felt that this plan should be dealt with under the spirit of what was occurring at the
time it was approved. He did not feel the applicant should be penalized now for revising
the plan at the Board's suggestion.
Mr. McShane asked what would be done with the open space. Mr. Trowbridge said that
it would go into a homeowners' association. He then questioned if it would bring in more
tax revenue to the Town if the open space were evenly divided and added to each of the
five lots. He further asked if the value of lots drops with density calculations. Mr. Burke
said he would contact the Board of Assessors to see what formula they use to calculate
the value of lots in a traditional versus cluster subdivision.
Minutes of August 27, 1997
Motion: To support the concept of the residential compound with the density being
recalculated to be sure it is conforming.
(Dolan - Torman) 4 -1 with Mr. McShane opposed. PASSES
It was requested that Board be provided with a copy of the minutes of the meeting(s)
when the traditional subdivision plan for this property was reviewed and approved.
Correspondence (continued)
3. ZBA Application
Joyce McNeil for a variance from rear and side yard setbacks for the construction
of an inground pool at 61 Oakland Street in an R -2 Zone. It was noted that this
is a corner lot and therefore the setback from each of the two streets must be met.
Mr. Burke advised the Board that the proposed setbacks are further away from
the two streets than the existing setbacks and suggested the Board send a positive
recommendation to the Zoning Board of Appeals.
Motion: To send the ZBA a positive recommendation since the
proposal does not decrease the existing setbacks.
(Sullivan - Dolan) 5 -0 PASSES
4. Letter from SRPEDD re: Survey of Planning Board Fees. Mr. Burke noted
a couple of corrections which need to be made and will advise SRPEDD.
Mr. McShane noted that Mansfield has the highest fees around and asked
that the Finance Committee be sent a copy of the fee survey results.
5. Letter from Gerard Grippe re: minutes of July 16, 1997 Williams Street Bridge
Public Hearing
6. Letter from DeJonco re: Tremont Street sewer project
7. Memo from Dan Clifford re: partial release of surety - Balcom Ridge Estates III
Motion: To release IPJ 084.78 for work completed, leaving a balance of
$27,122.
(Sullivan - Dolan) 5 -0 PASSES
8. Letter from SRPEDD re: Route 140 @ I -495 traffic study with a copy of
study design guidelines. Mr. McShane questioned why SRPEDD is spending
the money to do this when there's a developer who will be required to do the
same thing. Mr. Burke said this is Federal grant money that is being used by
SPREDD and that the results could be different. Mr. McShane noted that he
Minutes of August 27, 1997
would rather see SRPEDD coming up with money to do the bike trail. Other
members pointed out that a survey done independent of a developer would be
far more credible and that if the study determines that slip ramps are needed,
it might prevent a road going through the Great Woods.
9. Copy of memo to Town Engineer requesting information re: proposed Bird Road
Residential Compound.
10. Copy of memo re: SRPEDD 140/495 traffic study
11. Copy of memo from Richard Boucher re: public access to Town Hall on meeting
nights.
12. Copy of letter to SRPEDD Highway Director from Leonard Flynn
13. ZBA Decisions
Variance for Arlen and Terry Shaw for existing single family /garage at
34 Maple Street with less than the required sideyard setback in an
I -2 Zone. Granted; Planning Board recommendation - Positive 7 -0
Variance for Dennis and Maryanne Grady for the construction of
additions to a single family home at 3 Dustin Court with less than the
required rear yard setback in an R -1 Zone. Granted; Planning Board
recommendation - Negative 7 -0
14. Memo from Shaun Burke re: Attorney General's approval of zoning by -law
amendments
15. Copy of memo to Town Counsel re: recording of street acceptance plans
16. Public Hearing Notice (2) - Attleboro Municipal Council/Planning Board
17. Public Hearing Notice - Easton Planning and Zoning Board
18. Public Hearing Notice - North Attleboro Planning Board
19. Public Hearing Notice - North Attleboro ZBA
20. Public Hearing Notices (4) - Easton Board of Appeals
21. Public Hearing Notice - Attleboro ZBA
22. Public Hearing Notice - Foxboro ZBA
23. Notice of Decisions - Foxboro ZBA
24. Departrn- t of Housing & Community Development job opporwr- y notices.
25. Meeting Notice - Southeastern Massachusetts: 2020 Vision Forum on Growth
Planning to be held Saturday, September 27th at Bridgewater State College
26. Wireless Buildout Regional Conference Series notice
27. Planning magazine
28. Mass Interchange newsletter
29. Meeting notice - Mass. Assn. of Regional Planning Agencies
30. Trust for Public Land newsletter
31. Access New England newsletter
Minutes of August 27, 1997
32. Memo from Dan Clifford re: release of surety - Perkins Avenue
Motion: To release the balance of $300. which was being held until
the grass seeding was inspected and approved.
(Sullivan - Dolan) 5 -0 PASSES
33. Letter from Kevin Weinfeld of Mayfair Realty re: surety for Tara Estates
Extension. Mr. Burke advised the Board that Mr. Weinfeld received a
letter from Mansfield Cooperative Bank stating that the funds held by
the town as surety would be turned over to the State because the account
has been inactive.
Motion: To send a letter to the Bank, advising them that these funds have
been posted as surety to guarantee completion of the public way and
that the street has not yet been accepted; therefore, funds should not
be turned over to the Commonwealth. To further advise the Bank
that we anticipate that the street will be accepted at Town Meeting
sometime in October, at which time the funds will be released
to the developer.
(Sullivan - Dolan) 5 -0 PASSES
34. Letter from Fire Chief Sliney re: Fire Department position on hydrants within
proposed subdivisions where street cuts are not allowed due to recent paving
35. Copy of letter to Paul Folkman re: Weaver Lane cul -de -sac. Board members
requested that a letter be sent to Mr. Folkman asking him to provide a
construction schedule for completion of Weaver Lane improvements, with
a copy going to the four residents who copied the Board on their letter to Mr.
Folkman.
36. Memo from Acting Town Manager Boucher re: articles for Fall Town Meeting
warrant
Mayhew Farm Plan and Covenant
Motion: To sign the mylar of the approved definitive subdivision plan and the Covenant
for Mayhew Farm.
(Dolan - Torman) 5 -0 PASSES
Minutes of August 27, 1997
Around the Table.
Mr. Dolan and Mr. French mentioned that at a recently televised Board of Selectmen
meeting there was a comment made regarding the Fulton Pond Dam Restoration project
that, "everything is a go, but the Planning Board is jacking up the price."
Mr. Dolan asked if anything has been done regarding the number of signs downtown
which was discussed at the August 6th meeting. Mr. Burke responded that he had a brief
discussion with the Building Inspector about it and that the property owner had been
advised to get the illegal signs down. Mr. Dolan also asked if there was anything new
regarding the Gilbert Street bridge. Mr. Burke advised him that it was scheduled to open
in thirty days.
Mr. McShane noted that, in reviewing the building permits issued for July, Folkman &
Zola were listed as having pulled eight permits that month. He asked how the Building
Inspector is tracking permits and how the list is going to be updated in light of the
building limitation by -law and the first date of advertising for the public hearing for that
zoning amendment. He also asked if there are any language changes to the by -law that
have been suggested by Town Counsel. Mr. Burke advised him that Mr. Mangiaratti had
pointed out once again that there is no "sunset provision" and that a zoning article cannot
be grandfathered forever.
Mr. French reminded the Board that next week's meeting would be a Master Plan
Workshop with no other items of business on the agenda. He stated that the purpose of
the workshop is to put closure on the Master Plan process and to discuss presentation of
the results at Town Meeting. He said that it is important that it be presented as a living
document, pointing out the recommendations and findings and identifying actions that
have already taken place as a result of the process.
Adjournment
Motion: To adjourn at 10:35 p.m.
(Sullivan- McShane) 5 -0 PASSES
Signature of Clerk Date of Approval
Date of Next Meeting: September 3, 1997 at 7:30 p.m. -?
Minutes of August 27, 1997