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HomeMy WebLinkAboutmin of planning brd 10/7/1998PLANNING BOARD MINUTES October 7, 1998 Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie J. Dolan; Marydee Flynn; Scott A. Frank; and Kenneth H. Torman. Also present Yyps Shaun P- Burke, Director of Planning and Development. i- n - - I 1 Correspondence i- Minutes of September 23, 1998 Motion: To approve (Flynn - Sullivan) 5 -0 with Mr. Frank not present PASSES ZBA Application of Edward and Nancy Smith for a Special Permit to expand a pre- existing non - conforming use (Red Dog Inn, Elm Street) in an R -1 Zone Motion: To send a positive recommendation with the suggestion that the stockade fence by extended to the northern corner of the property adjacent to Tarball and the expansion be limited to the use of a kennel (Dolan- Flynn) 5 -0 -1 with Mr. Frank abstaining PASSES Form J Release - Millfarm Estates, Lots 48 through 54, with copy of check attached for surety posting Motion: To sign the Form J, releasing Lots 48 through 54 of Millfarm Estates (Sullivan- Torman) 6 -0 PASSES Minntrc of 0r.tnhrr 7 1909 Copies of letters to John Sullivan and Scott Frank re: need to apply for reappointment - Mr. Frank indicated that he would be applying for reappointment. Mr. Sullivan stated that he would not be. Board members expressed great disappointment and asked that he reconsider; however, he remained certain of his decision not to seek reappointment. He said that after serving seven years on the board, he is now cutting back on his commitments. Board members agreed to send a letter of support to the Selectmen for the reappointment of Scott Frank at the appropriate time. ➢ Copy of letter to ZBA re: postponement of joint ZBA/Planning Board meeting i Building Construction Report - September 1998 r Public Hearing Notice - North Attleboro Planning Board ➢ Public Hearing Notice - Norton Planning Board Public Hearing Notice - North Attleboro ZBA ➢ Special Permit and Variance Decisions - Attleboro ZBA Public Hearing Notice - Attleboro Municipal Council/Planning Board y Public Hearing Notice - Attleboro Planning Board "New England Planning" APA publication ➢ "Planning" magazine ➢ Bulletin of Environmental League of Massachusetts - Fall 1998 y "On the Land" publication of The Trust for Public Land in New England - `l Summer/Fall1998 Minntrc of 0r.tnhrr 7 1909 i The Beacon i "TransReport" publication of Boston Metropolitan Planning Organization — Fall 1998 i American Planning Association "Zoning News" subscription offer i "Community Development Digest' subscription offer i "New Urban News" subscription offer i "Planning for Growth" Forum of Vision 2020 Task Force i Request for partial release of surety with recommendation from Dan Clifford: Mill Farm Estates — Mill Farm Drive: requesting $22,742.00 for work completed, leaving a balance of $33,346.00 which includes the 10% contingency (Sullivan- Dolan) 5 -0 PASSES 81 Copeland Drive Site Plan Michael Trowbridge reviewed the site plan lie prepared for the 81 Copeland Drive parking expansion. The plan was dated July 7, 1998, with the drainage calculations reviewed and stamped by David Oberlander on the revised plan dated September 25, 1998. Dr. Torman stated he would be excusing himself from participation in the discussion and decision due to a conflict of interest. Mr. Sullivan read comments from Shaun Burke, Director of Planning and Development, and Ptlm. Lance Lawson of the Police Department. Following discussion, Mr. Burke suggested that a positive recommendation be sent to the Building Inspector. Motion: To send a positive recommendation to the Building Inspector. ( (Sullivan- Frank) 5 -0 -1 PASSES Around the Table Mr. Frank asked when the Fulton Pond dam reconstruction would be complete. Mr. Burke advised him it would be finished in November, with the landscaping and seeding to be done in April. Referring to the Depot Housing Complex, Mr. Dolan asked if the Town By -laws make provisions for a business with an unusually high number of calls for police assistance to be required to provide 24 -hour private security. Mr. Frank replied that he believes it would have to be addressed as a multi -unit complex containing a certain number of units be required to provide 24 -hour security, as opposed to the number of calls for police assistance being the trigger. Mr. Burke said he would talk to Lt. Figueiredo as Acting Police Chief regarding the situation. Griffin Farm Continued Public Hearing The hearing opened at 8:30 p.m. with Mr. Sullivan reading the most recent notice of public hearing as it appeared in the Mansfield News. _1 Michael Trowbridge, representing James Ferrara, reviewed the plan for a three -lot 9 Minntne of 0o.fnher 7 109R residential compound located off Branch Street before the sharp curve. The 5.56 acre parcel is located just after the previously approved Chandler's Way. Mr. Trowbridge i' pointed out the existing house will be kept on one of the lots, and the existing garage is to be removed. The private driveway was shown with a 20 -foot cul -de -sac at the end. He stated the lots will be severed, but the sewer will not be extended until next year, after which the development will occur. Street trees and landscaping were also shown, as were the location and area of wetlands. Mr. Trowbridge also showed a conventional layout of the lots on the property. Correspondence was read from the following departments: Lee Azinheira, Town Engineer; Steve Bishop, Water Department; Ptlm. Lance Lawson, Police Department; Lt. Joe Sarre, Fire Department; Gary D'Ambra, Light Department; and Richard Lewis, Conservation and Environmental Planner. Mr. Trowbridge responded to comments as follows: Town Engineer — a manhole is needed to get past the curb and to prevent it from going over the water main. A standard detail sheet has been provided with the subdivision main. Water Department - He said he doesn't understand the request for a 6 -inch water main when the subdivision regulations call for an 8 -inch. He will also check the location of the nearest hydrant. Conservation - the house can be pulled closer to the street if necessary because as private driveway the 40 foot setback is not required but was provided Mr. Trowbridge discussed the open space land's proximity to other land adjacent to school property and the possibility of donating the land to the town. Mr. Burke suggested he talk to both John Moretti, Superintendent of Schools, and Dick Lewis of Conservation. Mr. Burke also suggested that a residential compound is a better alternative for this parcel than a conventional subdivision. Mrs. Flynn said she would like to see a cul -de -sac that would be less obtrusive. Mr. Burke suggested a hammer -head deadend. Mr. Sullivan asked about stone drainage infiltrators and if any penneability testing was done. Mr. Trowbridge said they dug test holes and groundwater was at 4 feet. Mr. Frank asked if any testing had been done in case the sewer doesn't get done. Mr. Trowbridge said it would be no problem with peres. Mr. Sullivan asked about the speed limit on Branch Street and was told it was posted for 30 miles per hour. He asked Mr. Trowbridge to respond to Pthn. Lawson's comments regarding sight distance. Mr. Trowbridge said he does not know where utility pole #27 is and will check with Lance Lawson to clarify the situation. I Mini rtrc of nrtnhrr 7 l OAR Mr. Burke pointed out that the open space cannot be more than 15 percent wetlands and asked if it had been calculated. Mr. Trowbridge responded that 71,400 sq.ft. of uplands would be required and 101,146 sq.ft. has been provided. Motion: To continue the public hearing to November 4, 1998 at 8:30 p.m. (Sullivan - Torman) 6 -0 PASSES Mr. Dolan said he would like to hear more about the land for the school. Dr. Tonnan said he would like to see a bigger map of the area — especially the curve at Compo. Continued Public The public hearing was re- opened and Michael Trowbridge reminded the board that at the last session they requested additional testing and they now have those results and a letter from the Health Agent. The other issue was a restoration plan which Mr. Trowbridge reviewed with the board. The restoration plan of the open space included the following 6 foot trees: 14 Scotch Pine, 17 Blue Spruce and 24 maples of 2 inch caliper. The slopes would be regraded at 4:1. The entire section against the ledge would be foamed and seeded and the other areas would be loamed and seeded and an area of 25,000 sq. ft. planted with a wildflower mix. Mr. Trowbridge said he offered the Recreation Commission land for ballfields, but they weren't interested. Mr. Sullivan asked the thickness of the loam and was told 4 inches. Mr. Dolan said he thought the biggest concerns were the proximity to the well site and the intersection offset. Peter DeGirolamo said his concern was the unstable ground at the rear of the site near Cate Springs. He noted the stabilization of the slopes and plantings offer some improvement, but the ledge is a dangerous situation. He also said he would like to see many more trees than what's being proposed since there is a tree farm on the parcel now and much of it would be destroyed for the development. Mr. Sullivan asked the total length of the roadway around the cul -de -sac and back. Mr. Trowbridge said it is 1,875 feet -675 feet to the intersection and 1200 feet beyond. Additional discussion ensued regarding interpretation of street length and deadend streets. Also discussed was the manner in which density is established. Mrs. Flynn noted she remains concerned about the proximity of the site to the Canoe River and our ability to protect the town's one source of water if the property is developed. She also expressed concern about the intersection offset with Brian Lane and the length of the proposed roadway. Mr. French suggested the board vote on the waivers first and then the plan. Mr. Trowbridge noted he had a traffic engineer address the offset issue and that Brian Lane is only a three lot subdivision. Mr. Dolan asked how far the property is from the river. Mr. Trowbridge said there is 130 feet from the rear property line to the center line of the river 4 Minntec of nl .tnher 7 1999 and 850 feet from the nearest house with the septic tanks in front. Peter DeGirolamo noted he is also concerned about the river, but pointed out that this plan addresses many of the concerns and if it's not developed, those areas of concern will not be addressed by anyone. Motion: To grant the waiver to go from a 50 foot right -of- -way to a 40 foot right -of -way as shown on the detail plans. (Sullivan- Dolan) 5 -1 with Mrs. Flynn opposed PASSES Motion: To grant the waiver to use ADS pipe for the drainage system. (Sullivan - Dolan) 6 -0 PASSES Motion: To grant the waiver for the reduction of the intersection offset distance from the center line of the proposed street to the existing street on the opposite side of the roadway. (Sullivan- Frank) 3 -3 with Sullivan, Frank and Dolan in favor; Tonnan, French and Flynn opposed FAILS Mr. French said he thought about this a lot and understands Brian Lane is just a few lots and this would be 15 or 17 lots, but he is concerned because of Franklin Street and the curve they come around into this section. Motion: That considering this is a deadend street that the waiver not be granted to extend the street to approximately 1,875 feet which is greater than the 850 feet allowed under Section 4.1.5.1 of the Subdivision Regulations. (Sullivan- Frank) 6 -0 PASSES — Wavier Denied Motion: Considering this is a deadend street, that the waiver not be granted to allow 17 lots instead of 15 lots, which is the limit per Section 4.1.5.1 of the Subdivision Regulations. (Sullivan - Flynn) 6 -0 PASSES —Waiver Denied Motion: To deny the project both under Subdivision Control Law and the requirements for a Special Permit. (Sullivan- Frank) 6 -0 PASSES Mr. Frank: I vote to deny it because the proposal exceeds the 850 foot maximum length of a deadend road and exceeds the maximum 15 house limitation found in our regulations that is there for a purpose. I would like to advise the applicant that 1 don't think it's a bad idea and would encourage him to come back with something that comes closer to Subdivision Control Law. Mr. Frank: I vote to deny it because the proposal exceeds the 850 foot l maximum length of a deadend road and exceeds the maximum 15 house ( limitation found in our regulations that is there for a purpose. I would like to 5 min, trc nrr ompr 7 i Q9R advise the applicant that I don't think it's a bad idea and would encourage him to come back with something that comes closer to Subdivision Control Law. \ It was a good try, but I can't vote for it. Dr. Torman: I vote to deny because of the length of the road, which I have been stating throughout the entire process. I believe Brian Lane is too close, and our regulations say it's too close. I'm not happy with houses being built near the Canoe River and the number of units in there. It was a good try, but I can't vote for it. Mr. Dolan: I vote to deny because of the length of the proposed roadway and our regulations regarding length of deadend streets. Mr. Sullivan: I vote to deny due to the length of the roadway, the number of lots, and the deadend street provisions of Section 4.1.5.1 of the Subdivision Regulations. Mrs. Flynn: I vote to deny for the same reasons —I find it doesn't meet our Subdivision Regulations or Special Permit requirements. Mr. French: I vote to deny due to the noncompliance with our required intersection offset distance, and length of deadend roads, and the number of lots exceeding that which is allowed on a deadend street.. Motion: To close the public hearing. (Sullivan - Torman) 6 -0 PASSES Around the Table Dr. Torman asked if the Planning Board has a policy regarding the number of absences a member can have, noting that in all the years he has been on town boards he has never seen anyone with as many absences as Mr. McShane. Mr. Dolan said it always used to be if you missed a certain number of meetings you could be removed from the board and it is important that members be able to attend the meetings. Mr. French said he had talked with Mr. McShane and that his absences are not indicative of a lack of interest. Mr. McShane told him that he feels bad about missing so many meetings but would like to stay on the Planning Board. Mr. French said he encouraged him to stay. Everyone agreed that Mr. McShane's presence adds a valuable perspective to the meetings. Also agreed was there are times when it is not possible to attend a meeting due to other commitments and each member individually must determine if he or she can make the time commitment. Motion: To adjourn at 10:20 p.m. ( Torman- Dolan) 5 -0 PASSES 6 Minntrc of nr.tnher 7 1 Q9R nature of Clerk ext Meeting: October 21,199 Date of Ap ro val Mini trc of OntnhPr 7 1QQR