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HomeMy WebLinkAboutmin of planning brd 3/11/1998PLANNING BOARD MINUTES March 11, 1998 Present at the start of the meeting: Bernie Dolan, Marydee Flynn; John D. Sullivan, Jr.; and Kenneth H. Torman. Also present was Shaun P. Burke, Director of Planning and Development. Thomas P. McShane arrived at 8:15 p.m.; H. Thomas French, Jr., arrived at 9:20 p.m. Meeting Called to Order at 7:30 p.m. Mr. Dolan served as chairman in the absence of Mr. French. Caxrespondanee Minutes of February 25, 1998 Page 5 - Mrs. Flynn asked that the minutes reflect that she did not object to the grass strip being eliminated, but only asked why it was. Motion: To approve the minutes as amended (Flynn - Sullivan) 4 -0 PASSES ZBA Application of Richard and Patricia Shea for a Variance from the rear yard setback requirements for the construction of a deck at 51 Fram Drive in an R -1 zone. Mr. Burke suggested the Planning Board send the ZBA a negative recommendation. Motion: To send the ZBA a negative recommendation because the request derogates from the intent of the Zoning By -law and because the property is part of a cluster development subdivision which the Planning Board approved after working extensively with the developer. (Flynn- Sullivan) 4 -0 PASSES Letter to Roberta Carney of SRPEDD in support of the proposed bike trail. Motion: To sign the letter as drafted. (Sullivan - Flynn) 4 -0 PASSES * Public Hearing Notice - Foxboro ZBA * Public Hearing Notice - Foxboro Planning Board Public Hearing Notice - Norton Planning Board * Earth Day Seedling Program Notice SRPEDD Notice of Joint Transportation Planning Group Meeting * Access New England newsletter * The Beacon * Invitation for Public Comment - Campaign to Preserve Comprehensive School Health Education * Currents Newsletter of the Taunton River Watershed Alliance * Memo regarding formation of subcommittee for the I- 495/140 Interchange Mrs. Flynn agreed to represent the Planning Board * Williams Street Bridge Scenic Road Finding Motion: To approve the Williams Street Bridge project for the purpose of the Minutes of March 11, 1998 The site plan showed eight parking spaces in front and five on the side, meeting the requirements. Employees will be parking in the area to be paved where the gravel is currently. Deliveries will be in the rear; roof water will go into the drain; traffic flow to the street will be the same as it is currently. One handicapped space has been moved up front. Mr. Sullivan asked if there will be any additional lighting. Ralph Maloon, representing the applicant, said there would not be. He also stated the curb cut is being reduced almost 50 feet and the existing shrubs will be moved to the side along Lawndale Road where the shed is now. Mr. Maloon was asked if the sign conforms to zoning and he said it has been taken down, but will be put back up and will conform. Correspondence was read from department heads and all items had been addressed. Motion: To send a positive recommendation to the Building Inspector with the condition that the six shrubs being taken out be replanted or replaced in the area of the existing shed, which is to be removed, and any new sign must conform to zoning requirements. (Sullivan- Torman) 4 -0 PASSES The following correspondence received since the Board's last review of the plan was read: • Memorandum of Water Department dated March 11, 1998 • Memorandum of Shaun Burke dated March 11, 1998 • Memorandum of Richard Lewis dated March 11, 1998 The applicant stated the depth of the lot was a problem the last time the plan was before the Board and now all lots are 150 feet in depth. In the reconfiguration, one lot has been lost and the roadway has been shifted. They will be asking for a waiver on depth to cover on the drainpipes and will provide sight distance verification from a traffic engineer. Mr. Sullivan stated he would like to see permeability tests when the definitive plan is submitted. Mr. Burke reminded the applicant that the street name "Pheasant Ridge" 2 Minutes of March 11, 1998 would have to be changed to avoid confusion with the existing "Pheasant Hollow." Mr. Sullivan asked if they intend to go to Conservation Commission to get a notice of intent on the wetlands line and recommended they do so. Board members also asked that Lance Lawson revisit the sight distance measurements. Motion: To approve the preliminary plan with the condition that on the definitive plan the applicant address all comments received by the Board, in particular clarification of sight distances; perc tests be performed in proposed leaching areas; and a new street name be shown on the definitive plan. (Sullivan - Flynn) 5 -0 with Mr. McShane now present. PASSES Mr. Sullivan read the following correspondence received since the last hearing: • Memorandum from Ptlm. Lance Lawson dated March 9, 1998 • Memorandum from Lee Azinheira, Town Engineer, dated March 11, 1998 • Memorandum from Richard Lewis dated March 11, 1998 with Conservation Commission Order of Conditions dated March 9, 1998 • Letter from Dunn McKenzie dated March 9, 1998 containing narrative response to comments from meeting of February 25, 1998 Drainage issues were reviewed and Mr. Sullivan reminded Mr. McKenzie that the plan needs to be stamped by a Massachusetts Professional Engineer. He also stated that although he was not present for the first session of the public hearing, he has reviewed all documents submitted, has provided the Planning Director with his comments, and is fully up to speed on the project. He asked about the results of permeability tests and how they compared with the calculations. Mr. Dunn replied they were better than the calculations. Discussion continued regarding drainage. Mr. McShane noted they are asking for five waivers and asked about the rationale for each. They were: 1. Street Length - in order to use the parcel extending over beyond the existing Back Bay Brook. If they did not extend the circle, they would be in the brook and this enables them to upgrade the brook at the same time. 2. Grade to Groundwater - Mr. Dunn tried to get it engineered to Stormwater Management Guidelines. 3. Cul -de -sac Radius (90 vs. 60) - this is adequate to get fire trucks around and allows for two single family houses. The benefit is less pavement and drainage. 4. Minimum Cover to Pipes (1 1/2 ft. vs. 3 ft.) - this is a practical problem revolving around the elevation of the pipes at the detention basins and the need to keep separation from the water table. 5. Landscape Buffer - due to the depth of natural vegetation between the houses on l South Main Street. 3 Minutes of March 11, 1998 Robert Bruno of 100 South Main Street stated he also owns 104 and 106 South Main Street and does not think the road can handle the traffic. Paul MacDonald of 170 South Main Street asked if Federal funds are being received for the project. Mr. Sangermano said they are not. Mr. MacDonald also stated there is a bus stop at Spring and South Main Streets. Mr. Dunn noted that Cobb Street is currently twenty feet wide, which will accommodate two trucks, and will be widened to twenty -four feet, which is the standard roadway width. Mr. MacDonald also asked if an environmental study was done and if a 21E has been submitted. He was advised that a wetlands study was done and an order of conditions was received from the Conservation Commission. Board members questioned why the water and sewer easement was written for an 8 -inch main rather than the standard 40 foot water and sewer easement and why the easement was given to the inhabitants of the Town of Mansfield and Mr. Sangermano was not mentioned. Mr. Clemmey said that's the way his attorney told him to write it up. Mr. McShane asked Mr. Clemmey about the pedestrian easement for the proposed bike path. Mr. Clemmey said the Recreation Department has no plans to build the rail trail and that it's a safety issue for him, noting there are plenty of other access points to the bike path if it's built. He stated he does not want people going through there. Mrs. Flynn reminded him that he had agreed to grant a 10 foot easement to the Town and that a copy of it was supposed to be included in their packet. Carole Clemmey advised the Board that she plans to build a house in there and is tired of all the traffic from the ramps and Great Woods and the noise from the Soccer Bubble where she presently lives and just wants some peace and quiet and doesn't want a public easement going past her proposed house with people parking in front of it. Mr. Burke noted that many hours have been spent with Mr. Sangermano and Mr. Dunn on this project and that they have been most cooperative and that representations by Mr. Clemmey that the Recreation Commission is not going through with the bike trail are misleading. He noted the Board of Selectmen will be voting tonight to support the grant application for the bike trail and it will be filed on Friday. The decision on funding is expected by late summer. He noted this is an inclusive development which all members of the community will be able to use. While sympathetic to Mrs. Clemmey, there is no plan by the town to turn Cobb Street into a parking lot. Two concerns remain: 1. Limiting the water and sewer easement to a certain size main 2. Public access to the proposed bike trail Discussion continued regarding the need for the easements and Mr. Clemmey's reluctance to grant them. It was also noted by the Board that this project is going in on a Special Permit and there should be a benefit to the Town in granting the permit. Attempts were i made to reach a compromise whereby the easement for access to the bike path would be held in escrow until the bike path is approved. 4 Minutes of March 11, 1998 Motion: To close the public hearing. (Sullivan - Dolan) Subsequently Withdrawn t 1, Discussion continued regarding what items need to be worked out to get the project back on track and resolve the remaining issues of concern. I Motion: To continue the public hearing to March 18, 1998 at 9:00 p.m. and to direct Shaun Burke to draft a positive decision for the Board's consideration. (Sullivan - Flynn) 6 -0 PASSES Mr. Clemmey asked the Board to return his agreements and to work it out with Mr. Sangermano and then left the meeting at 10:50 p.m. 155 East Street - Eramo/11Margenson property -The Board reviewed a Form A plan submitted which separates a 12.46 acre parcel of back land from the front parcel, the larger lot being non - conforming due to lack of frontage. Motion: To sign the Form A plan. (Sullivan - Flynn) 6 -0 PASSES Plymouth Street - Mansfield Commerce Realty Trust - new lot lines were being shown for Lot 850 from the Form A they submitted when the gave land to the Natural Resources Trust. Motion: To sign the Form A plan. (Sullivan - Dolan) 6 -0 PASSES Mr. Dolan asked if we have received a determination in writing from the Building Inspector regarding the parking spaces required for the Stop & Shop gas station proposal. Mr. Burke said that he had talked with Mr. Cook and the bottom line is that they need to find an additional four spaces. Mr. Burke advised the Board that Mr. Clemmey has requested his public hearing scheduled for March 18th on his Zoning By -law amendments be rescheduled to a later date. Motion: To reschedule and re- advertise the hearing for April 15, 1998 at 8:15 p.m., with Mr. Clemmey paying the costs of re- advertising. (Dolan - Torman) 4 -2 with Mrs. Flynn and Mr. Frank opposed. PASSES 5 Minutes of March 11. 1998 Dan Clemmey said he takes issue with comments made about his family at the meeting and it's not right for the board to say his family is benefiting financially from the assisted care retirement project. Mr. Dolan noted that he's not going to sit there and take insults from Karl Clemmey. Motion: To adjourn at 11:25 p.m. (Torman- Frank) 6 -0 PASSES � nature of Clerk Date of Approval 6 Minutes of March 11, 1998