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HomeMy WebLinkAboutmin of planning brd 8/27/1997-IrE! PLANNING BOARD MINUTES 9` 7 S�, Cn I I P August 27, 1997 i7.: 13 ;i,W 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