HomeMy WebLinkAboutmin of planning brd 3/25/1998PLANNING BOARD MINUTES
March 25, 1998
Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie Dolan,
Marydee Flynn; Scott A. Frank; and Kenneth H. Torman. Also present was Shaun P.
Burke, Director of Planning and Development, and Planning Board member Thomas P.
McShane, who arrived at 7:55 p.m.
Meeting Called to Order at 7:30 p.m.
Correspondence
x Memorandum regarding vote needed on street acceptances
Motion: To support the following streets for acceptance at Annual Town
Meeting, provided that all punchlist items are completed by May 1, 1998:
Cottage Street Extension, Cedar Ridge Road, Mystic Lane, Cooper Road
Extension, Sadie's Way, Monahan Lane, Corbane Drive, Carlow Crossing,
Smith Road, Deer Path Circle, Douglas Drive, Justin Drive, Knight Way,
North White Pine Lane, Monahan Lane Extension, Patty's Road, Elyse
Road, and Jean Road.
(Sullivan - Dolan) 6 -0 PASSES
Motion: Not to support the acceptance of Shawmut Avenue Extension at this
time due to drainage problems.
(Sullivan - Flynn) 6 -0 PASSES
• Form J Release for Mayhew Farm - $75,831.31 posted as surety
Motion: To sign the Form J, releasing Lots 1, 2, 3, 4, 5 and 6
(Sullivan- Flynn) 6 -0 PASSES
• Village at Willow Crossings Special Permit - Mr. Burke pointed out items which had
been amended.
Motion: To sign the Special Permit as amended for Village at Willow Crossings
(Sullivan - Dolan) 7 -0 PASSES
• Minutes of March 4, 1998
Motion: To approve
(Sullivan - Dolan) 5 -0 -2 with Mr. French and Mrs. Flynn abstaining
PASSES
Bill Buckley of Bay Colony Engineering reviewed the revised plan and a letter addressing
comments made at the previous meeting.
Karen Muir of 3 Summer Street, Foxboro, stated she is concerned about noise between
�. the hours of midnight and 7:00 a.m., noting that trucks are idling and operating, with
Minutes of March 25. 1998
back -up alarms beeping and people talking, shortly after 5:00 a.m. Steve Malley of
Eastern Container responded by saying they occasionally run a truck on Saturday, but with
C the addition they will be reducing the over -all truck traffic, especially at odd hours. Mr.
French asked what their hours of operation are and Mr. Malley said they operate two full
shifts- -7:00 to 3:30 p.m. and 3:30 p.m. to midnight- -and a third shift, but with no trucking
Operations during the third shift. They also operate until noon on Saturdays. Mr. Sullivan
asked if they could limit their trucking operations during the evening hours and Mr. Malley
said they need to start between 6:00 and 7:00 a.m. Monday through Friday to make
deliveries up to Maine.
Jim Wall of 15 Joanna Drive noted at the last meeting the applicant stated they start at
7:00 a.m. Mrs. Muir pointed out that with the expansion they will be even closer to her
property line and only 80 to 100 feet away from their living area, resulting in a distinct
change in the quality of their lives.
Ralph Penney of 336 Maple Street stated he has lived in the area since 1991 and has called
to complain about the noise from the facility throughout the night many times. He also
noted that trucks line up on Maple Street every morning and evening, pointing out the
facility's proximity to the Cate Spring Well and the potential for contamination.
John Beaton of 14 Joanna Drive said he is less than 1,000 feet from the facility and has the
same concerns expressed by other abutters. Discussion continued, with Mr. Malley
j detailing their efforts to decrease noise and improve traffic flow. Ken Kilburn of 318
Maple Street said he had to stop for three or four minutes tonight waiting for a truck to
get into Eastern Container from Maple Street.
Bill Buckley pointed out that Eastern Container is operating on a site which is zoned
industrial and was once five parcels of land and two different facilities which creates
constraints. Since they are located next to a residential zone, they are also trying to
balance the concerns of the neighbors and the operational needs of Eastern Container.
They have proposed landscaping to reduce noise and tried to be sensitive to environmental
issues.
Mrs. Flynn asked what the impact to the tax base would be if they were not granted a
Special Permit. Mr. Malley said they employ 206 people and, without the expansion, they
would have to continue with an off -site warehouse or relocate the entire operation.
Discussion ensued as to what the applicant was looking for in the way of variances from
the Zoning Board of Appeals. Mr. Burke suggested the Planning Board continue the
public hearing until after the issues with the Zoning Board are resolved.
Mr. French noted he would like to be able to vote for this project, but think the abutters
deserve to have some of the issues resolved. Since Eastern Container is also looking for a
variance, this is not something they are allowed to do by right and concessions should be
t made to give the abutters some level of comfort. It was suggested that additional
2 Minutes of March 25. 1998
measures be taken to ensure that contamination of the well site is prevented and an
agreement reached and referenced on the plan regarding early morning truck activity.
Mrs. Flynn also said she would information on the fiscal impact to the Town.
Motion: To continue the public hearing until April 22, 1998 at 8:00 p.m., with the
understanding that the Zoning Board of Appeals has made their decision at that
time.
(Sullivan- Torman) 7 -0 PASSES
The continued public hearing for the Stop and Shop Gas Station Special Permit opened at
9:30 p.m. AI Trakimus of Tyree Engineering stated they have provided additional parking
spaces by restriping for compact cars and are no longer using fueling positions to meet the
required number of parking spaces. Bob Brown of VHB addressed regulatory issues,
stating it does not appear the level of development will trigger any further permits from
the Commonwealth. He also addressed internal traffic flow issues and trip generation
numbers. Bob Davis noted landscaping on site is the only other issue, stating that to
comply with the request to create additional landscaping areas would require a sacrifice in
the number of parking spaces. They would, however, be able to provide additional shrubs
and plantings within the existing landscaped areas.
Acheson Callaghan of Anderson & Kreiger in Cambridge, MA, was present on behalf of
( Shaw's Mobil Station. He stated his interpretation of the parking requirements and the
resulting calculations indicate 435 parking spaces would be required with an additional 25
to 30 spaces to accommodate the number of employees for the largest shift. He also
noted the trend is toward larger Jeep -type vehicles and not compact cars. In addition, he
stated the parking spaces over the underground tanks are not realistic, as the tanker truck
would have to get in there to fill them. He also questioned the ability of a tanker truck to
maneuver on the site and stated his belief that the by -law requires additional landscaping
which the applicant is unable to provide and still meet the parking requirements. Mr.
French advised him that the number of parking spaces required is determined and enforced
by the Building Inspector and he has established the number to be 404.
Dan Clemmey of 390 West Street asked if the board has received any additional
information from the Conservation Commission. He also commented on traffic in the area
at the intersection of Routes 1401106, disagreed with the numbers shown in the traffic
report, and stated landscaping issues should be addressed. He asked if the applicant has
submitted a construction management plan and a lighting plan, and suggested they be
required to put a fence in front of the facility to screen it from abutters. He further asked
if police details would be required for traffic control during the construction.
Scott Frank disclosed that the company he works for does work with the legal firm
representing Stop & Shop; however, he has no direct contact with attorneys representing
l Stop & Shop and does not believe he is in conflict in acting on this matter. Mr. Scott
asked if there would be a new free - standing sign on the property and if there have been
measures be taken to ensure that contamination of the well site is prevented and an
( agreement reached and referenced on the plan regarding early morning truck activity.
( Mrs. Flynn also said she would like information on the fiscal impact to the Town.
Motion: To continue the public hearing until April 22, 1998 at 8:00 p.m., with the
understanding that the Zoning Board of Appeals has made their decision at that
time.
(Sullivan- Torman) 7 -0 PASSES
The continued public hearing for the Stop and Shop Gas Station Special Permit opened at
9:30 p.m. Al Trakimus of Tyree Engineering stated they have provided additional parking
spaces by restriping for compact cars and are no longer using fueling positions to meet the
required number of parking spaces. Bob Brown of VHB addressed regulatory issues,
stating it does not appear the level of development will trigger any further permits from
the Commonwealth. He also addressed internal traffic flow issues and trip generation
numbers. Bob Davis noted landscaping on site is the only other issue, stating that to
comply with the request to create additional landscaping areas would require a sacrifice in
the number of parking spaces. They would, however, be able to provide additional shrubs
and plantings within the existing landscaped areas.
Acheson Callaghan of Anderson & Kreiger in Cambridge, MA, was present on behalf of
( Shaw's Mobil Station. He stated his interpretation of the parking requirements and the
resulting calculations indicate 435 parking spaces would be required with an additional 25
to 30 spaces to accommodate the number of employees for the largest shift. He also
noted the trend is toward larger Jeep -type vehicles and not compact cars. In addition, he
stated the parking spaces over the underground tanks are not realistic, as the tanker truck
would have to get in there to fill them. He also questioned the ability of a tanker truck to
maneuver on the site and stated his belief that the by -law requires additional landscaping
which the applicant is unable to provide and still meet the parking requirements. Mr.
French advised him that the number of parking spaces required is determined and enforced
by the Building Inspector and he has established the number to be 404.
Dan Clemmey of 390 West Street asked if the board has received any additional
information from the Conservation Commission. He also commented on traffic in the area
at the intersection of Routes 140/106, disagreed with the numbers shown in the traffic
report, and stated landscaping issues should be addressed. He asked if the applicant has
submitted a construction management plan and a lighting plan, and suggested they be
required to put a fence in front of the facility to screen it from abutters. He further asked
if police details would be required for traffic control during the construction.
Scott Frank disclosed that the company he works for does work with the legal firm
representing Stop & Shop, however, lie has no direct contact with attorneys representing
l Stop & Shop and does not believe he is in conflict in acting on this matter. Mr. Scott
asked if there would be a new free - standing sign on the property and if there have been
3 Minutes of March 25. 1998
any further traffic counts conducted at their other facilities. Mike Proctor of Stop & Shop
Operations replied that the gas stations are designed to serve their existing customer base
and the traffic numbers have not increased significantly at their other facilities with the
addition of the gas pumps.
Dr. Torman asked if the tanker truck will be able to make the turn at the far end of the
parking lot. Mr. Proctor said they only pump 4,000 to 5,000 gallons per day and the tanks
hold 20,000 gallons; therefore they will only need deliveries a couple times per week and
can schedule them in the late evening when the parking lot is relatively empty.
Mr. Dolan asked about wetland issues. Mr. Trakimus said they are bordering vegetated
wetlands in the back section of the property and will be using a detention basin. Mr.
Frank asked how many parking spaces they would be taking up during construction. Mr.
Proctor said they would be on and off the site in 18 to 20 days.
Board members continued to discuss traffic concerns with Mr. Brown. Curt Avalon of
Stop & Shop said they would not risk their existing business by creating a traffic problem.
Irwin Kamen of 761 Ware Street stated he had to tow a trailer on that lot for the Police
Department and it's very tight. Larry Jackson of Willow Street said he's tired of all the
traffic in town.
( Mrs. Flynn asked if we could get a report from the Police Department asking for more
detail about the intersections of Routes 140/106 and Chauncy Street/Forbes Boulevard.
She also requested information about the fiscal impact the project will have on the town in
tax revenue.
Questions were raised about traffic backing up waiting to get gas. Mr. Proctor said that
would not happen because people are only willing to wait a couple of minutes and, if it's
backed up, they'll go elsewhere. Ron DeGiralomo of 1166 West Street said he has not
seen other gas stations in town turning away additional customers and doesn't understand
why we need more tankers driving through town.
Motion: To continue the public hearing to April 22, 1998 at 8:30 p.m. to give the
applicant time to submit additional data on the intersections, confirm the number of
parking spaces required on the original site plan, to get information from the Police
Department regarding the number of accidents at the intersection, and to get a report on
the fiscal impact of the project on the town. In addition, the second oil/water separator
should be added to the plan, along with hours of refueling the underground tanks and
identification of compact parking spaces to be shown on the plan.
(Sullivan- Frank) 7 -0 PASSES
4 Minutes of March 25, 1998
�outlt End IEe,ltbuehnod rlssoctaftnn Jai^ Creeden
Mr. Creeden came before the Board with other residents in the vicinity of Route 495 and
South Main Street to discuss the proposed interchange. He said they were upset by the
letter the Planning Board and Board of Selectmen sent to SRPEDD asking them to revisit
the issue. It was his understanding that the subcommittee established would be working
on the problem and the proposals were to be coming out of that workshop.
Mr. French said the Board stands by what it said and the letter to SRPEDD was sent out
with the Board of Selectmen in an attempt to get a win -win situation.
Mr. McShane said from his point of view SRPEDD made it clear that nothing has to
happen if they don't build the water park and industrial park and the proponents have now
set it up to pit homeowners against conservation people. He said we need to come up
with something better that doesn't pit town groups against each other or don't build the
developments.
Mr. Sullivan said SRPEDD started with the premise of not getting waivers from Mass
Highway and built around that premise. There are waivers that can be granted and they
should be looked at.
Mr. Creeden said he felt the SRPEDD scope was limited by what the Town initially said
and, to go back to them six to nine months later and say we don't want any homes taken is
not good planning. Mr. Creeden showed photographs taken in the area of the
intersection, showing the proximity of various residences.
Mr. McShane said he is not aware of anyone on the Planning Board who thinks this is a
good proposal and the Planning Board told SRPEDD there are a lot of options they
haven't considered. He stated that is not a dangerous intersection and he doesn't know
why SRPEDD is studying it. As far as he can see, they are only studying it at the request
of the State because of the proposed development and tax money shouldn't be spent for
this purpose.
Mr. Burke stated nobody proposed the road should be built that way and they should
consider all the options. Originally the Board had said they didn't want the Lego road to
go through the middle of conservation land. If a private developer needs a road, they
should build it on their own land and not on property owned by 20,000 taxpayers.
George Wojtkiewicz of Gladiola Terrace noted the Lego road was proposed to go
through the middle of conservation land and this road would use only a sliver of it where
Route 495 goes onto 140. Mr. Burke noted the need to keep conservation land as one
parcel to preserve wildlife habitat, for which 100 acres or more are needed.
Mr. Creeden spoke of the "grenade effect" of landtaking and leaving homes right on the
edge of the highway and destroying the quality of life for residents left living next to the
5 Minutes of March 25. 1998
ramp. He also expressed concern with the Town Manager's proposal to increase the train
station and bring busses to town to link the train station with Great Woods /Great Waves,
asking how much additional vehicular traffic South Main Street can handle.
George Wojtkiewicz of Gladiola Terrace said that, if all the land zoned commercial is
developed and we do nothing about widening South Main Street and getting access to I-
495, it's too late because all the options disappear. He noted the original proposal was a
full cloverleaf, going all the way down to the present site of Roche Brothers in Norton.
Mr. Dolan stated the Board is not looking at what's best for a particular neighborhood,
but what's best for the whole town. The Planning Board questioned SRPEDD originally
as to why they were studying this particular intersection when there were others far more
dangerous. Mr. Dolan pointed out that these are not the only alternatives and in five
minutes, Shaun Burke was able to come up with three different proposals. The whole
object, he stated, is to protect the conservation land and there are other ways to
accomplish that. If they develop the land, traffic will be a problem and something will
have to be done.
Mr. McShane noted he supported the Lego road because it was a good deal, with the
town getting 500 acres of land. Now 600 acres are proposed for development with
nothing for the Town or South Main Street.
( George Dentino of Gladiola Terrace asked if it is the position of the entire Planning Board
that the only two options they're willing to look at are those stated in the letter to
SRPEDD. Board members pointed out they did not take any position on two options
only, but rather asked that other options be considered without taking homes on South
Main Street or taking conservation land.
Mr. Frank pointed out that the Planning Board is not coming up with the alternatives, but
rather advising SRPEDD of the two criteria we want to see met when they consider
alternatives - -those criteria being not to take homes and not to take Town conservation
land.
Jane Sheehan of South Main Street stated the impression of the neighborhood group was
that the Planning Board was disregarding the needs of the South Main Street residents and
was only concerned with preserving conservation land. As a long -time advocate of
conservation and a South Main Street resident, she said she is trying to look at the
situation objectively and would be happy to see the developer take responsibility for the
traffic.
Consensus was reached in that representatives of all concerned would be working together
at the workshop and the important thing is to be united as a group and not allow people to
be pitted against each other.
6 Minutes of March 25, 1998
* Public Hearing Notice - Norton Planning Board
* Public Hearing Notices - Easton Planning & Zoning Board
* Public Hearing Notice - Sharon Planning Board
* Notice of Decision - North Attleboro Planning Board
* Hearing Notice - Sharon Planning Board
* Notice of EOEA grant round
* Planning magazine
* Network newsletter
* New England Planning
* Trans Report newsletter
* Memo from Dan Clifford re: surety amount - Stearns Hill Estates Phase 5
* Invitation to Planning Board from Mansfield Women of Today
* Letter from Lorilee Fish, Recreation Director, to SRPEDD re: Rails to Trails
* Letter from Dave DeLorenzo, Bureau of Resource Protection re: stormwater
management workshop
Letter from Pare Engineering re: Fulton Pond Dam Project
Copy of letter to MassHighway from Town Manager re: I- 495/Rome 140 interchange
location
* Copy of letter to Bruce Montgomery from Building Inspector re: Great Waves
* ZBA Decisions:
1. Variance from Section 42.1 GRANTED to Kevin O'Neill for addition to a
single family home at 41 Donegal Way in the R- I Zone
2. Variances from Sections 3.6.72.2, 3.6.7.4.2 and 3.6.7.4.3 GRANTED to
Motorola for lattice telecommunications tower on West Street in an I -I Zone
3. Variance from Section 42.2 and Special Permit per Section 3.10.4.A
GRANTED to Cape Cod Lumber at 80 Hampden Road in the 1 -1 Zone
* Plan to be signed for 155 East Street
Motion: To sign the plan for the residential compound approved at 155 East
Street for which the 20 -day appeal period has elapsed.
(Sullivan- Frank) 7 -0 PASSES
Members asked if we want to invite the Town Manager to our meeting to share his vision
for the new train station with the Board before the project gets too far. Mr. Burke agreed
to invite him to attend our April 1st meeting, starting at 7 o'clock to allow Mr.
D'Agostino to meet with us prior to the Selectmen's meeting.
Mrs. Flynn asked if we have received an answer to our letter to the Building Inspector
7 Minutes of March 25, 1998
regarding his opinion that the transfer station is allowed as a use by right. Mr. Burke
replied that he has talked with Mr. Cook, and it is his opinion that the transfer station
would be considered "warehousing" which is allowed by right in the underlying zone.
To adjourn at 11:10 p.m. (Frank - Torman) 6 -0 with Mr. Sullivan having left the meeting.
PASSES
tgnature of Clerk Date of Approval
8 Minutes of March 25, 1998