Loading...
HomeMy WebLinkAboutmin of planning brd 8/6/1997Planning Board Meeting August 6, 1997 PRESENT: Chairman French, Clerk Sullivan f u T 5 PLANNERS: Dolan, Flynn, Frederick, Torman �' r 1. Meeting called to order at 7:30 P.M. 2. Correspondence Action Required Memo from Dan Clifford RE: Bond release - Bolcom Ridge Estates 2 and 3 Motion: To release $59,244 (Sullivan - Frederick) All in favor. PASSES Memo from Dan Clifford RE: bond amount for Canterbury Estates Phase C at $439,027.29 Memo from Sandy Larosee, Treasurer's Office RE: Deposit of above Motion: To set the bond at $439,027.29 (Sullivan - Flynn) All in favor. PASSES Form J Release - Canterbury Estates Phase C Motion: To sign the Form J Release (Sullivan - Torman) All in favor. PASSES Letter from Board of Selectmen RE: satellite parking lots. Chairman French suggested the Board of Selectmen could amend the General By -Laws to eliminate this type of parking lots, which would not grandfather the existing ones; then permitting the lots would be discretionary. Letter from Paul Folkman, Folkman/Zola Builders RE: waiver from slope granite curbing to monolithic cape cod berm in Homefield Farms. The board will hold off on this decision until the neat time Mr. Folkman visits. ZBA recommendations: Tremont Street/Smith Road - variance from Section 4.2.1, sideyard setback Following the completion of Smith Road, this lot became a corner lot, making the side yard requiring 15 feet into a front yard requiring 30 feet. Motion: To send the ZBA a positive recommendation (Dolan- Frederick) All in favor. PASSES 20 Copeland Drive - Expansion of a pre - existing nonconforming use for the construction of a second multi - family building with eight one - bedroom apartments. Motion: To send the ZBA a negative recommendation because the neighborhood has been single - family for many years and another multi-family would not be in keeping with policy established by Town Meeting in recent years. ( Torman- Dolan) Ail in favor. PASSES 3. Public Hearing - Bird Road Residential Compound Continued Applicant's engineer Michael Penult presented the board with plans amended following the last meeting. Drainage - At the last meeting, an abutter had been concerned about water pooling on his property; Mr. Perault's new plan shows a regraded road directing drainage outside the watershed The drainage calculations looked at the impact of the proposed development on water currently coming from offsite and found with the road and embankment, flow will decrease. Mr. Perault explained that in a 10 -year storm, pre - development flow is 10 csf; in a 100 -year storm, pre-development flow is 18 csf, He said post - development, flow would be 10 csf and 17 csf respectively, and that he had calculated these figures without using detention basins. A note has been added to the plan that due to the septic system placement, roof drains will be directed to a dry well system for groundwater recharge. Roadway - Mr. Perault explained his surveyor set up within the proposed layout of the road and found a site distance of 190+/- feet on the left and 350 +/- feet on the right. The plans show the paved surface of the road as 14 feet with the center line staked and the water main shown. The street lights have been relocated; electric, cable, telephone locations, and the sign are shown. Proposed lot grading is shown, and Mr. Penult said he took no credit for the roofs draining into the ground. The open space parcel has been made into one lot, which he said the town can have or it could stay in common ownership with the compound. Mr. Penult said his client plans to leave as much as possible natural between the new road and Bird Road. Public Comment Andy Barbeau, 41 Bird Road asked if the pore tests were official. Mr. Perault said they were. Chairman French said they were official as far as the Board of Health was concerned for the septic system. Mr. Barbeau said he and his neighbor had spoken with the developer about their granting an easement to direct drainage over an embankment. Mr. Burke suggested that if all parties were in agreement, that should be in writing. Mr. Perault mentioned that would also be subject to Conservation Commission approval. Dave Sloud, 15 Bird Road was concerned about trucks using the dirt road next to his lot to get to the new road. Mr. Perault said the new plan calls for regrading that area to stop traffic. Mr. Sloud asked what the open space would be used for. Mr. Burke explained the board usually requires it remain in its natural state. Mr. Burke asked if the areas previously mined would be loamed, seeded and graded. Mr. Perault said they world be, although some is filling in naturally. Frank Caretti, 56 Bird Road asked the width of the dirt road. Mr. Perault said it is approximately 40 feet. Mr. Caretti asked if shrubs or other materials would be planted to block the view to the new road. Mr. Perault said they would clean up the area, but there is no reason to plant. Greg Ridig, 796 Maple Street said Planner Dolan had suggested eliminating the access points to the open space. He said if that was done, the option for future development in that area would be removed Mr. Perault said if that was done, the cluster association wouldn't be able to use their open space for much. Chairman French said the board would consider specific regulations of the use of the open space. Planner Flynn asked if the association would be able to form an agricultural group and got a tax exemption. Mr. Burke said that was a possibility. Planner Dolan suggested the developer could give the access points to the abutters on either side. Mr. Burke agreed, saying the abutters could be deeded the land and the association could maintain a pedestrian easement. Applicant Marie Green said they would be willing to do that. Mr. Perault suggested they keep a 15 feet space in the middle for access and give the rest to the abutters. Applicant's attorney Ian Oppenheimer said they would be willing to dis -iess that. Rich Belmont, 23 Bird Road, said he would have no problem with a narrower pedestrian access. Ms. Green asked if it would be possible to prohibit vehicular access; Chairman French said it would be. Mr. Barb0au asked if the developer would be required to provide a plan showing the overall tax burden to the homeowners. Mr. Burke said the tax exposure would be small on the open space because of the restrictions placed on it by the board, and that it would be valuated as undeveloped back land. Mr. Barbeau was concerned about the safety of the children in the area and suggested posting the speed limit and installing speed bumps. Planner Torman said he understood but that an additional six houses would not make a big difference. Chairman French suggested the board send a letter to the Board of Selectmen requesting signage and to ask the police to do more patrols. Mr. Oppenheimer said he would like to see the plan approved as presented but allow the developer to convey in a Form A one or both access points if an agreement can be reached with he abutters. Board Comment Planner Frederick was concerned about a drop in elevation between Lots 2 and 3 and asked if a railing should be required. Mr. Perault said he thought there should be a railing opposite Lot 2, but the drop between Lot 2 and 3 would not be as steep after it is cut. Planner Frederick asked about the number of light poles. Mr. Burke suggested a fifth pole be added in the middle of the street. Planner Flynn said the board had previously seen a traditional subdivision plan showing two roads. She said the purpose of the compound by -law was to preserve the character of the area and she felt a traditional subdivision with two short roads and two cul-de -sacs would be better for the town. She said the short roads would not be much for the town to maintain, and that giving up control of drainage and roads in a compound is not in the town's best interest. The proposed road is 1,100 feet long, while the maximum length allowed in a traditional subdivision is 850 feet. She added there would be less impact on drainage and the neighborhood with larger lots. Chairman French said there would be more runoff in the traditional subdivision road because the road would be wider. Planner Flynn said it wasn't necessary for the road to be that wide and the town would have control over it. Planner Dolan suggested the abutters check with the Assessor's Office about the taxes on the open space. He said It may be worth it to the developer and the abutters, since the developer wants to get rid of the land and the abutters are concerned about what will be done with it. Clerk Sullivan asked if testing had been done on the center line of the road, as he was concerned about ledge in the area. Mr. Perault said the area is pretty rocky, especially in the front, and that he would be exploring in the road when the pores are done. Clerk Sullivan said he would like to see what the plan for blasting would be, Mr. Perault suggested that could be made part of the special permit. Mr. Burke suggested the open space should stay with the development, with the access points worked out with the abutters. He was concerned about cuts and fills and asked when the need for blasting would be known. Mr. Perault said he does not know where the ledge is and the board could require as part of the special permit that it be checked on during the peen tests. Clerk Sullivan said he will assume there will be blasting and asked Mr. Perault to tell the board what he would do before the board votes. Mr. Perauit said he would have to do a pre-blast survey and notify the abutters. Clerk Sullivan asked him to tell the board the steps he would go through if blasting were necessary. Mr. Burke asked if Mr. Perault had spoken with the Conservation Commission about drainage. Mr. Perault said the pore tests will be done to determine how the septic systems will be designed, then he would go to the Conservation Commission. Motion: To continue the public hearing to September 10, 1997 at 8:00 P.M. (Dolan- Sullivan) All in favor. PASSES 4. Fulton Pond Dam Project - Lee Azinheira, Town Engineer Mr. Azinheira and the design team from Parr Engineering presented the completed plans for the dam project, ekplaining they would be going to the Conservation Commission after meeting with the Planning Board, and would go out to bid as soon as possible. Bob Fairbanks, Parr Engineering, explained the spillway replacement would be 50 feet wide, have a toe drain collector, rip rap, and temporary structures to be used during construction. Because of safety concerns, 26 trees will be removed from the embankment and new trees will he replanted in other locations. Planner Dolan asked if the DPW would be able to maintain the dam easily. Mr. Azinheira said the new system will be easier. Planner Dolan asked about security to prevent the removal of the aluminum stop logs. Mr. Fairbanks explained they could be removed, but will be locked or bolted and surrounded by a wrought iron fence. Mr. Azinheira said he was working on state Rending in case the bids come in high. Planner Torman said the fence will be ugly and will not deter people from going near the dam. Mr. Azinheira suggested they could install a handrail instead of a fence. Clerk Sullivan said he did not think the extras like the fence, trees, and ornamental concrete would get done because of the money involved. Mr. Burke said he supported the project and would feel better with a fence. Chairman French agreed, saying with a fence, no one will fall in by accident. Mr. Burke said this was a better plan than last time and suggested the recommendation be worded so the add alternates would be part of the base bid Mr. Fairbanks estimated the job would take six months, ideally beginning at the end of the spring because of the lower water level. Motion: To send a positive recommendation to the Board of Selectmen strongly recommending the add alternates be included in the base bid since this is an important area and a main attraction in the center of town. The Planning Board would hate to see the amenities added to the plans lost. Include in the base bid the replanting of at least 20 of the trees being eliminated in the areas shown on the plan, and recommend trees be those indigenous to the area and be of caliper suggested in Section 5.7 of the Subdivision Regulations; that a wrought iron fence be installed on both sides of the dam for safety teasons; that textured river rock facing be provided to maintain the attractiveness of the area with the new dam construction; that a padlock be added to the stop logs to prevent their unauthorized removal; and consideration be given to relocating the staging area to the parking lot to eliminate the disturbance of existing vegetation. (Sullivan- Dolan) Planner Torman asked if the stop logs would be removed or raised for maintenance. Mr. Fairbanks told him they would be removed. Planner Torman asked if DPW had been consulted on their removal; W. Fairbanks explained there would be a walkway for DPW to use to get the stop logs up and out. Ail in favor. PASSES S. Massapoag Estates Completion Attorney Follansbee, representing Remus Realty Trust regarding the remainder of the performance bond being held by the town, proposed that his client and his subcontractors complete the remaining work within 60 days rather than having the town putting the work out to bid He said the board established a deadline in the spring for Remus to complete the work, but added that with the water ban, the reseeding cannot be done now, but could be in September. He suggested the money would be disbursed to the subcontractors doing the work with the Ieftover going back to Remus. Chairman French said the board had given Remus a one-year extension, and both parties had agreed on a time schedule, which was not met. He said if the town does it, a schedule can be kept without relying on the developer to do the work. Attorney Follansbee said his client planned to have everything completed by September. W. Burke encouraged the board not to reconsider its earlier action, since the developer had been given an extra year to do the work and did not. Mr. Paglia asked if the town would have to put the work out to bid. Mr. Burke said it would Mr. Paglia said the remaining bond is in excess of the value of the work and he wants the remaining money back. Mr. Burke said the disbursement of remaining funds could be worked out between the attorneys, not with the board. He added it has already cost the town money to hire an attorney to go to court to be sure the town could spend the money. Attorney Follansbee said he agreed with what the judge decided. Clerk Sullivan said the board hoped to have the work done within the next 60 days, and given the developer's track record, he had lost confidence. Planner Dolan agreed. Motion: To let the previous decision stand (Sullivan•Torman) All in favor. PASSES 6. Around The Table Planner Dolan was concerned about the signs being used at various downtown businesses. Motion: To ask Mr. Cook to look into the number of signs at these businesses (Dolan- Sullivan) All in favor. PASSES Planner Flynn asked for an explanation of how the engineer figured the site distance on the Bird Road project. Mr. Burke told her he thought the engineer was wrong and that he needs 300 feet in either direction, not 300 feet combined. Planner Dolan said work at the Police Station begins very early in the morning and suggested a by -law regulating the time at which construction work can begin. Mr. Burke said that is classified as a common nuisance and is a police issue. Planner Dolan suggested the board should vote on the Master Plan. Chairman French agreed, saying if there is a fall Town Meeting, the board should be in a position to present the Master Plan. Chairman French suggested the board start looking at previously discussed modifications to the Subdivision Regulations and suggested meeting weekly after September, leaving every other week free of regular business to cover work list items and the Master Plan. Planner Torman asked if a noise regulation should go through the Board of Health; Mr. Burke said that could be an amendment to the General By -Laws. 7. Adjournment Motion: To adjourn at 11:40 P.M. (Dolan-French) All in favor. PASSES Date of next meeting: August 27, 1997 at 7:30 P.M. z197 Si lure of Clerk Date of Approval