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HomeMy WebLinkAboutmin of planning brd 2/4/1998PLANNING BOARD MINUTES February 4, 1998 „ !vcn FFtCE 13 t _'3 ? 9 P'l l 12: 25 Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr, Qlet'C,) Frpi _ lcd Marydee Flynn, Scott A. Frank; Thomas P. McShane and Kenneth'fi Tdrrhaf�?t Vs% present was Shaun P. Burke, Director of Planning and Development. Meeting Called to Order at 7:30 p.m. Corn espgnd�nc� x Minutes of January 21, 1998 Motion: To approve. (Flynn - Torman) 4 -0 -1 with Mr. McSltane and Mr. Frank not present and Mr. French abstaining PASSES x Zoning Board of Appeals Applications Chauncy Development Trust - 450 Cltauncy Street for a Special Permit to use a pre- existing non - conforming lot with less than the required frontage and lot area, for the purpose of constructing a 2 -story office building in the 1 -1 Zone. Motion: To send the ZBA a positive recommendation contingent upon the applicant getting site plan approval prior to going for a Special Permit. (Sullivan- Flynn) 4 -0 -2 with Dr. Torman and Mr. Frank abstaining. PASSES Eastern Container - 60 Maple Street for a variance from floor area ratio and a Special Permit to allow for the modification of the Landscaping and Screening Requirements for a greater number of entrances and exits than permitted, resulting from changes and alterations to an existing industrial use in the I -2 Zone. Mr. Burke explained the proposed 90,000 sq. ft. addition, noting that the applicant will be before the Planning Board for a Special Permit because they are within the Water Resource Protection District. He suggested that the board recommend to the ZBA that the applicant go through the site plan process before being granted a Special Permit. Motion: To send the ZBA a positive recommendation on the variance for floor area ratio and a positive recommendation on the Special Permits, with the strong recommendation that the site plan approval process be followed prior to the granting of the Special Permit by the ZBA. (Sullivan - Dolan) - Motion Withdrawn Motion: To send a positive recommendation on the variance, but not make a recommendation on the Special Permit until the applicant has gone through I Minutes of February d, 1998 site plan review. (McShane - Dolan) 7 -0 PASSES x ZBA Decision: Domenic Sionne for a Variance to allow for the construction of a garage and family room addition with less than the required sideyard setback at 36 Monahan Lane in the R -I Zone. Variance granted. Planning Board recommendation: positive * Memo re: Rescheduled Sound Workshop - Thursday, February 19, 1998 at 7:30 p.m. * Memo re: Planning Board Zoning Articles for Town Meeting * Town Counsel Opinion re: Great Waves * Memo from Dan Clifford re: Tree located at 340 Mill Street * Building Construction Report for January 1998 * Public Hearing Notice - Attleboro Municipal Council Joint Public Hearing * Public Hearing Notice - Attleboro ZBA * Public Hearing Notice - Attleboro Planning Board * Public Hearing Notice - North Attleboro Planning Board The Beacon * Land Court Reporter * Mass. Means newsletter * Bulletin of Environmental League of Massachusetts * Baystate Roads Program Seminar schedule * New England Planning * The Commissioner * Preservation Awards 1998 Entry Form * Management Concepts seminar notice * Memo from Dan Clifford re: surety amount for Mayhew Farm Motion: To set surety at $75,831.31 (Sullivan - Dolan) 7 -0 PASSES * Request for partial release of surety with recommendation from Dan Clifford - Fram Estates Motion: To release $4,065.00, leaving a balance of $88,215.18. (Sullivan- Frank) 7 -0 PASSES Attorney Kenneth Hoffman was present to represent LMW, LLC regarding a Form A dividing a single lot containing 207.17 acres into two lots, each with the required frontage on South Main Street. Mr. Hoffman explained that the prior Form A consolidated all the lots and, now that they are further along in the design process for Great Waves, they are proposing to Form A the entire parcel, creating two conforming lots. Mr. Burke stated that the applicant has the required area and frontage and suggested that 2 Minutes of Februanv 4. 1998 the plan warrants endorsement by the board Mr. McShane asked the purpose of going to one lot. Mr. Hoffman replied that the design is now further along, the property is all owned by one individual, and they want to freeze zoning. He stated that with the division of the property they have a separate parcel on which Great Waves can be developed. Mr. McShane asked if Mr. Hoffman has discussed with his client that it may appear to the Planning Board the reconfiguration of the property may appear to be an attempt to avoid review. Mr. Hoffman said he has not discussed it with them, because that is not their intention. He noted they are creating two lots to address Town Counsel's concerns and the Town's concerns and they are trying to develop the concept and location of Great Waves under separate ownership. He also noted there is adequate parking on the lot to meet the minimum requirements. Mr. Burke restated that the plan shows the required frontage on an public way and conforms to zoning in area. It therefore, in his opinion, warrants endorsement. Mrs. Flynn stated legally we have three weeks from submission to sign the plan and she thought we should take time to reflect upon it and maybe look at the property. Mr. Sullivan asked who signed the application and if the last plan has been recorded. Mr. Hoffman said he believes it is Bruce Montgomery's signature and the prior plan has not been recorded, nor is there any requirement for them to do so. Mr. Hoffman also noted the project will be going through MEPA and the Town will have ample opportunity to ( comment during the comprehensive review process. Karl Clemmey of South Main Street commented that the applicant brought the plan back because of the Planning Board's zoning amendment article to allow one use per lot and the Planning Board shouldn't sign the plan without getting a legal opinion because he doesn't believe a private driveway provides the required frontage. He further stated the plan shouldn't be signed because, in his opinion, the driveway is nothing more than a 150 foot swale. Motion: To endorse the plan. (Dolan- Frank) 4 -1 -2 PASSES In favor: Dolan, Frank, French and Torman Opposed: McShane Abstaining: Flynn and Sullivan �S5 fast Street li.esrdentfat �`axpoatztl S�ectat �'c>~rt►rt Gt(ithttued 'ublie c�trrrtg Mr. Sullivan read the following correspondence received since the last session of the public hearing as follows: Opinion of Town Counsel Robert Mangiaratti dated December 17, 1997 x Memorandum from Steve Bishop, Water Department Foreman dated February 4, 1998 Affidavit regarding changing of a two - family home to a one - family home, with ( supporting inspection documentation showing the conversion Minutes of February 4, 1998 Ralph Maloon, representing the applicants, reviewed the plans and progress made since ( their last meeting with the board and presented a drawing showing the grading in red and the area being developed in green. He discussed drainage on the property and noted that the existing house is on sewer. He addressed the concerns of the water department, noting their request for an 8 -inch line into the property with a fire hydrant on the end for water quality and flushing purposes. He stated he shows a 3 -inch line into a drywell and that he can take the line out of the drywell, but can't provide an 8 -inch line. He noted that the end of the cul -de -sac is about 300 feet from the property litre (330 feet from the pavement) and there is a fire hydrant across the street, with all the homes within 400 feet of the existing hydrant. Mr. Burke said the issue is not one of public safety, noting the request came from the water department. Mr. Burke pointed out that revisions have been made and the delay was the existence of the two - family house which, he noted, was the only fatal issue. Now the issue is a fire hydrant versus a blow -off valve, which can be addressed. He suggested that the board vote to close the public hearing and direct him to draft a decision. Mr. Sullivan asked about trees and buffering, with Mr. Maloon showing the requested trees on the plan and the applicants stating it is their intention to do additional buffering. Motion: To close the public hearing at 9:10 p.m. (Torman- Dolan) 7 -0 PASSES Motion: To direct Shaun Burke to draft a positive recommendation for the next meetin, outlining the items discussed. (Sullivan - Dolan) 7 -0 PASSES The hearing convened at 9:15 p.m. with Mr. Sullivan reading the legal notice as it appeared in the Mansfield News on January 16th and January 23rd. Michael Trowbridge represented the applicant, Endriunas Brothers, and showed the location of the proposed subdivision. He noted it is a 23 acre parcel of land off Franklin Street which is currently being used for tree farming. The proposal calls for 17 lots, including an existing house on Franklin Street. He showed a 40 foot wide roadway, 24 feet being paved, with lots ranging in size from 17,000 sq.ft. to 38,000 sq.ft. clustered in an area. He noted their effort to site the homes in a way so as to limit any potential problems with the nearby well site. He noted the plan includes 11 acres of open space abutting the aquifer which the applicant proposes to either put in trust, in a homeowners' association, or deed to the Town if they have any interest in it. He showed a retention basin designed for a 100 year storm and having a stone bottom. Mr. Trowbridge addressed sight distance and noted that he will be requesting two waivers: 1) a 45 foot wide street layout instead of 50 feet ( 2) ADS pipe versus concrete pipe 4 Minutes of February 4. 1998 Mr. Sullivan read correspondence from the following: Lee Azinheira, Town Engineer Richard Lewis, Environmental & Conservation Planner Shaun Burke, Planning Director Lance Lawson/Traffic Safety, Police Department Scott Leite, Health Agent Wayne Southworth, Easton Water Superintendent Timothy Higgins, Foxborough Town Planner Letter of Michael Trowbridge to Building Inspector Letter of Michael Trowbridge addressing department head comments Sue Sellon of 368 Franklin Street asked Mr. Trowbridge if he has a map showing the location of the proposed subdivision in conjunction with the location of Cate Springs Well, if the plan is supposed to show the location of the houses on the lot, and what effect adding this number of houses will have on the already existing water shortage. Dr. Torman asked if the applicant has demonstrated his ability to put a conventional subdivision on the parcel. Mr. Burke noted that they had done so when they last submitted a preliminary plan for the property and many distinctions which could not be made on a preliminary plan can now be shown on the definitive. Mr. Burke stated that he does not believe the conventional subdivision could be built. Discussion followed as to whether density had been established with the prior preliminary plan, since the preliminary plan was denied. Mr. Trowbridge said he would be happy to bring in a revised conventional layout for the next meeting. Mr. Sullivan responded that it would not be possible without additional land. Paul Strachman of 58 Potash Road asked why the project is being discussed if the applicant doesn't meet the requirements. Discussion continued regarding the requirements, with board members noting the difference between laying out lot lines to create lots and lots actually being buildable. Additional questions were raised regarding elevations, drainage, gravel removal and whether the lots had been perced. Mr. Burke noted that any commercial earth removal would require a special permit and public hearing and that a developer has to do pre- and post - development flow and meet DEP regulations. Sue Sellon asked if anyone from the Town is going to enforce times the developer can work and oversee dust control. Mr. French assured her that if the board grants a special permit, reasonable hours of operation can be stipulated. The issue of offset distances between the two roadways was discussed, with Mr. Trowbridge noting that Lance Lawson had not mentioned it as a safety problem in his report. Mr. Burke pointed out that intersection offset comes under subdivision regulations, which is not within Officer Lawson's purview. Mr. Strachman asked about the use of chemicals on lawns and who would make sure products harmful to the aquifer were not being used. Virginia Hewitt of 400 Franklin 5 Minutes of February 4, 1998 Street asked if anyone had looked at the intersection of Franklin and Maple Streets and the affect an additional 35 to 40 cars in the neighborhood would have. Mr. Trowbridge and board members summarized the issues which need to be addressed as follows: * accident /safety information for Franklin and Maple Street intersection * list of waivers that will be needed * re- establish density * draw plan showing the number of buildable lots which could be put on the parcel * address intersection offset issue for Ridgeview and Brain Lane * address water quality issues * show stablization of sloped banks * address distance of retention basin from property lines * length of road * wider green strip around properties; at least 40 feet Motion: To continue the public hearing to April 1, 1998 at 7:30 p.m. (Torman- Dolan) 7 -0 PASSES Engineer Leonard Bradley of Commonwealth Engineering was present, along with John Wellington/South Street Realty Trust as applicant. Mr. Bradley presented the plan for a ten lot subdivision off Fruit Street. The proposed subdivision contains a 600 foot cul -de -sac providing access for seven lots, with three lots having access off Fruit Street. The subdivsion would be served by public water and sewer and all lots will be outside the 200 foot riverbank area. The plan also shows which lots will need to go beford the Conservation Commission. Mr. Sullivan read correspondence received from department heads as follows: • Lee Azinheira, Town Engineer • Shaun Burke, Director of Planning and Development • Steve Bishop, Water Department Foreman • Lance Lawson, Police Department /Safety Officer Mr. Bradley responded that the stormwater system will be designed using Best Management Practices and would not be a problem. He will get a traffic engineer to address site distance issues raised by Lance Lawson. He would have no problem renaming the roadway to avoid confusion. The definitive plan will be done at 40 scale and will I address all the issues raised- 6 Minutes of February 4, 1998 The issue of lot depth and minimum lot size was raised and discussed, with it being noted that there is a conflict in the Zoning By -law between the minimum lot size requirements and frontage and lot depth required. Mr. Wellington stated that lot depth in this instance is not as important because of the distance between houses and there are wetlands behind them. Mr. Wellington asked that lot depth be clarified and said he will try to buy additional land to comply. Motion: To have the plan redrawn to meet lot size requirements of Paragraph 1.5.17a, Lot Width, of the Zoning By -law and come back on February 25, 1998 at 8:00 p.m. (Sullivan- McShane) 6 -0 -1 with Mr. Dolan abstaining. PASSES r11sIR'Iatlsutxntted A Form A plan showing a change in lot lines for two lots on Harvestwood Lane was presented. Each lot will have 30,000 square feet and the lots are "grandfathered" under the 1989 zoning. Mr. Trowbridge explained that #36 is too close to the lot line and has to be made conforming before an occupancy certificate is issued. The plan moves the lot line over one foot. Motion: To endorse the plan. (Sullivan- Flymt) 7 -0 PASSES Mr. Dolan and Mr. French stated they would be unable to attend the February 18th meeting and discussed alternatives. It was decided to open the hearing for Village at Willow Crossings advertised for February 18th and continue it to February 19th, provided that meeting space is available. Mr. McShane noted the Rails -to- Trails project is scheduled to go before the Capital Improvements Committee (CIP) and asked that the Planning Board send a letter of support to the Recreation Commission with a copy to CIP, reminding them of the importance of a bicycle trail in accordance with the Master Plan. Motion: To have Mr. Burke draft the letter to send. (McShane - Flynn) 7 -0 PASSES 11'uClte �omu�ent Karl Clemmey addressed the Board, noting that he would be advising Mr. Sangermano to go ahead with the public hearing with five members on February 18th due to time 7 Minutes of February 4, 1998 constraints within their agreement. He also commented on Town Counsel's opinion regarding Great Woods /Great Waves, noting that the Great Woods Center for the Performing Arts has been a pre- existing, non - conforming use since the 1989 change in zoning. He cited the issuance of building permits for their expansion, which he said should have required a Special Permit, and read a list of other permits which have been issued since that time for Great Woods. He alleged that the Building Inspector knew what was going on and did nothing about it. He further stated that he is not against the Great Woods /Great Waves, but believes they should have to follow the same rules as everyone else and wanted the Board to be aware of it. Adi�Frttznent Motion: To adjourn at 11:55 p.m. (Dolan - Frank) 6 -0 PASSES t w S nature of Clerk Date of Approval tilextMeetng leb uary (3;;1998 at 7Q p m Wotksltop Minutes of February 4, 1998