Loading...
HomeMy WebLinkAboutmin of planning brd 10/21/1998t PLANNING BOARD MINUTES October 21, 1998 Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie J. Dolan; Marydee Flynn; Scott A. Frank; Thomas P. McShane; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development. Mr. Dolan served as Acting Chairman until the arrival of Mr. French. Minutes of October 21, 1998 Motion: To approve (Flynn - Sullivan) 4 -0 -1 with Mr. Frank and Mr. French not present and Mr. McShane abstaining PASSES r Decision to deny Special Permit for Ridgeview Motion: To sign the decision denying the Special Permit and subdivision approval for Ridgeview (Sullivan - Torman) 6 -0 with Mr. Frank not present PASSES ➢ Letter from Ed Marcheselli re: Kemp Farm Way special permit Mr. Marcheselli asked for permission to put a portico over the front entrance of one of the houses being built Motion: To approve the portico, provided it falls within the proper setbacks (Sullivan- Flynn) 6 -0 with Mr. Frank not present PASSES ZBA application — Robert W. O'Donnell for a variance to modify conditions of a previously granted variance regarding hours of operation at O & D Tool at 150 Gilbert Street in an R -I Zone — Mr. Burke suggested that allowing them to work until 3 a.m. Monday through Friday and operate on Saturday mornings was not appropriate in an R -1 zone Motion: To send a negative recommendation to the Zoning Board of Appeals because the proposed hours of operation until 3:00 a.m. weekdays and on Saturday mornings are not fitting in a residential neighborhood and because the board, when considering the original variance recommendation, assumed the hours of operation would remain as they had always been. (Sullivan - Flynn) 6 -0 with Mr. Frank not present PASSES Site Plan Review —111 Torbes Blvd. —Oxbow Realty Trust/Texas Instruments John McKinnon of H. W. Moore Associates and Joe St. Don of Oxbow Realty Trust presented the site plan showing 181 parking spaces and buffering conforming to current requirements. Department head comments were read from the Conservation Commission, Fire Department, Electric Department, Water Department, Planning Department and Health Department, all of which were addressed by the applicant. Drainage was also reviewed and Mr. Burke suggested the Planning Board send a positive k4inutrc of 0rtnhrr 91 I c)OR recommendation to the Building Inspector. Motion: To send a positive recommendation to the Building Inspector with the suggestion that the twelve (12 ") inches of washed stone for the leaching pits be a minimum of two (2') feet above high groundwater as determined by field testing prior to installation as witnessed by the Town Engineer. (Dolan - Frank) 7 -0 PASSES River Edge Estates Continued Public Hearing I James Dunn of Dunn- McKenzie passed out small versions of the conventional subdivision plan and showed the changes made as the result of the last meeting and Conservation Commission's Notice of Intent. He noted soil testing had been done, with eleven tests showing rapidly draining soils suitable for drywells or septic systems. The conventional plan showed thirteen lots with a connector road. Two detention basins and one retention basin were proposed and existing grades were shown. Mr. Dunn also advised the board that they have met with the Conservation Commission to verify the wetland lines and that a portion of the land is subject to the Rivers Act. He noted that they are able to install all leaching fields and houses within the allowed area, meeting all Title V requirements for the thirteen houses shown in the layout. The connection to Canoe River Drive is over land owned by Douglas King, and a document providing for the easement for the roadway was presented. Mr. Dunn also noted that the previous conventional "test" plan had shown fourteen lots and is now showing thirteen. The applicant is requesting a cluster special permit for thirteen lots plus one bonus lot. The lots on the previous layout were reconfigured and enlarged, incorporating the additional lot which had been shown on the previous conventional plan. The revised plan also showed a change in the route of the water line and the addition of a hydrant requested by the Water Department. Mr. Dunn reviewed changes to the drainage suggested by the Town Engineer, noting there would be an improvement to the drainage in the area, but the changes would not completely solve the problem on Ware Street because the existing culverts are inadequate.. He also advised the board that the analysis of the cost of severing vs. using septic systems showed bringing in a sewer line would be considerably more expensive and a waiver from the requirement to connect to sewer has been requested on the cover sheet. Other waivers requested are: • width of roadway from fifty feet to forty • sidewalks on only one side rather than both sides as required Mr. Dunn noted sight distances have been checked and some vegetation has been removed. If the cluster is approved, the applicant will provide a hammerhead at the turnaround or a cul -de -sac on Canoe River Drive. Additional questions regarding drainage, ownership of and access to open space land, and the existing Shell Oil easement were asked by: ■ Robert Shuffleton of 18 Canoe River Drive 9 Minvtrc nr nVtA ,P, 91 l qOR ■ James Burke of 10 Canoe River Drive ■ Beth Hargreaves of 213 Ware Street • Steven Goncalo of t66 Ware Street ■ Bill McDermott of 30 Canoe River Drive Steve Benoit of B & M Realty Trust, the applicant, was asked about his intentions for the open space land and initially said it would be given for conservation. In the absence of anything in writing from the Conservation Commission expressing an interest in the property, he then said it would be held in a Homeowners' Association. He was advised that if that is his intention, the legal document providing for such an arrangement should have been submitted at the time of application. Mr. Benoit pointed out that he had been "solicited" by Leonard Flynn to donate the land for conservation purposes. Planning Board member Marydee Flynn noted for the record that her husband may have approached Mr. Benoit on behalf of the Canoe River Aquifer Advisory Committee, but she has no knowledge of that. The Shell Oil easement was the subject of further discussion regarding its location, status, and whether the conventional plan could be built with the easement in its current location. Also discussed was the "density bonus," the cost of off -site improvements to the drainage system, and the benefit of the proposed "hammerhead" on Canoe River Drive for parking and/or emergency vehicle turnaround. Mr. Burke suggested a cluster would be preferable to a conventional subdivision on the site, but advised the applicant he needs to make a more persuasive argument to enable the board to determine the benefit the Town would receive to offset the impact of approving additional homes. Dr. Torman questioned the length of the roadway and how the Shell Oil easement can cross through proposed house lots and roads. Mr. Dunn said roads can be built over the easement and the proposed lots are large enough to enable houses to be moved around on the lots. Mr. Burke explained that the proposed roadway is not a deadend street on the conventional plan because there are two means of access; therefore, discretion is allowed regarding the length of the roadway in granting a special pen-nit for the cluster plan. Mrs. Flynn said she would like to have Town Counsel look at the easement agreement between the applicant and Doug King to see if it is adequate for our purposes. Mr. McShane said he would have to be convinced that the plan is superior in utilizing the natural features of the land and if the layout of the road and other utilities is more efficient. He also stated a decision would be premature without having legal documents covering the use and disposition of the open space land. A summary of items remaining to be addressed include: • Master Deed and documents - if a Homeowners' Association is being formed, these should have been submitted with the application • Open space land — if it is to be donated for conservation purposes, written confirmation regarding an interest in the land should be provided i MinntPC of0 etnhPr?I IQQR ■ approximate cost for cleaning up the drainage ditch and the cost of constructing a hammerhead turnaround on Canoe River Drive ■ verification for bonus lot ■ show Shell Oil easement on conventional plan and that houses and septic systems can still be built ■ verification from Town Counsel regarding the suitability of the easement agreement Motion: To continue the public hearing to November 4, 1998 at 8:45 p.m. (Sullivan- Dolan) 7 -0 PASSES 147 Chauncy Street Continued Public Hearing Mr. Sullivan read a request from the applicant that the public hearing be continued until after a decision on the variance request has been received. Motion: To continue the public hearing to November 4, 1998 at 9:00 p.m. (Sullivan - Torman) 7 -0 PASSES Stillbrook Farm Definitive Plan Motion: To sign the definitive plan for Stillbrook Farm. (Sullivan - McShane) 7 -0 PASSES Eastern Container Special Permit Plan I Motion: To sign the Special Permit plan for Eastern Container. (Torman- Sullivan) 7 -0 PASSES r ZBA Application of Judy Applebaum for a Variance from the setback requirements at 14 Fulton Street in a B -3 Zone Motion: To send a negative recommendation to the Zoning Board of Appeals because there is adequate room on the side lot and there is not sufficient reason under Chapter 40A to grant the variance since it is an issue of convenience rather than hardship; the deck can be reduced in size and extended in an easterly direction to eliminate the need for a variance. (Sullivan- Flynn) 5 -1 -1 with Mr. McShane opposed and Mr. Frank abstaining from participation in the discussion and decision PASSES Mansfield News article "Witness the founding of "Nortsfield" Public Hearing Notice — North Attleboro Planning Board ( i Public Hearing Notices — Attleboro Zoning Board of Appeals i Public Hearing Notice — Foxborough Zoning Board of Appeals d Minutrc of Ortnher ')I I QQR ( ➢ Public Hearing Notice — North Attleboro Zoning Board of Appeals ➢ "Planning" magazine — October issue Notice of "Impact Fees and Transfer Taxes" symposium "Community Response Line for Municipal Officials" ➢ Division of Community Services — Peer to Peer Program Fact Sheet SRPEDD Regional Review newsletter— October 1998 Tischler & Associates "Fiscal & Economic Newsletter" Memo from Dan Clifford recommending surety for Canterbury Estates Phase E be set at $35,794.78 which includes the 10% contingency Motion: To accept surety of $35,794.78 (Flynn- Sullivan) 7 -0 PASSES ➢ Form J Release for lots 118, 119 and 120 Phase E of Canterbury Estates with copy of check in the amount of $35,794.78 posted as surety Motion: To sign the Form J to release the lots (Sullivan - Flynn) 7 -0 PASSES Copy of letter to Board of Selectmen from John Sullivan advising them of his decision not to seek reappointment to the Planning Board ZBA Application of James E. Ryan for a Variance from Section 4.2.1 minimum lot frontage, for a parcel of land on Balcom Street in an R -2 Zone Motion: To send a negative recommendation to the Zoning Board of Appeals because it appears the land was subject to zoning when it was purchased and did not conform to zoning at the time of purchase (Frank - Flynn) 6 -1 with Mr. Dolan opposed PASSES Environmental Notification Form (ENF) for proposed warehouse building on Plymouth Street in the Cabot Business Park ANR Plan Fonn A Plan for Oxbow Realty Trust to create two lots at l 11 Forbes Boulevard from a parcel of land 6.772 acres in an 1 -I Zone — Mr. Burke stated the plan conforms to zoning and suggested it warrants endorsement Motion: To sign the Form A Plan (Sullivan- Flynn) 7 -0 PASSES Around the Table Mr. Frank asked about have a drainage workshop, stating he could use some help in getting a better understanding of detention /retention basins. Mr. Burke suggested reading "Controlling Urban Run -off" would be helpful to him in the interim. S Mimttrc nrOrtnhrr'>1 1QQ9 Mr. Sullivan asked if anything can be done to get the Franklin Street parcel on which Ridgeview Estates was proposed cleaned up and/or restored. Motion: To send a letter to the Building Inspector asking him to review how the surplus material removal at the site occurred and if the permit required any clean up or restoration of the area. (Sullivan- Frank) 7 -0 PASSES Mrs. Flynn asked if any Planning Board articles were included on the Special Town Meeting warrant. Mr. Burke advised the board that the Board of Selectmen chose not to include any until the Annual Town Meeting. He stated the only related articles to be included at this time are street acceptance and the multi - purpose trail. Board members reaffirmed their previous vote to support street acceptances as printed in the warrant and voted on support of the multi- purpose trail. Motion: To support Article 5 of the Special Town Meeting warrant for the additional funding of $50,000 for the design of the Old Colony Multi - Purpose Trail. (McShane - Flynn) 7 -0 PASSES Motion: To adjourn at 11:10 p.m. (Frank- Tonnan) 7 -0 PASSES j ignature of Clerk 1 Date of Approval est IVleetin , November 4,199 �l \4i nu trc .Mrtnhrr 9 1 1009