Loading...
HomeMy WebLinkAboutmin of planning brd 8/11/1999Planning Board Minutes August 11, 1999 `- SEP --9 Al'1 10: 25 -1 Present: H. Thomas French, Jr., Chairman; Marydee Flynn, G erC-X Y)f, A Bernard J. Dolan; Scott A. Frank; Thomas P. McShane; and Zeli etli lf: toil t Also present was Shaun P. Burke, Director of Planning and Development. Meeting called to order at 7:30 p.m. Correspondence 1. Minutes of July 28, 1999 Motion: To approve as submitted (Flynn - Dolan) 5 -0 -1 with Mr. Frank abstaining and Mr. McShane not present PASSES 2. Form J Release - George Fram Estates Motion: To sign the Form J Release (Dolan - Frank) 6 -0 with Mr. McShane not present PASSES 3. Letter from Mr. Morse regarding a piece of property on Elm Street, which he would like to subdivide into either a traditional or a cluster subdivision. The land fronting on Elm Street only has enough frontage for one lot; Mr. Morse would like the Planning Board's support for a variance from frontage requirements in order to put two lots there, and he will consider giving the town some of the back land. Mr. Frank said he liked the ideas of a cluster subdivision and the gift to the town, but since there has been no variance filed, there wasn't anything on which the board could make a recommendation. Dr. Torman noted there would be seven lots on either the cluster or traditional subdivision plans, and with the cluster, the owner was asking for two sub- standard lots; he was concerned supporting the plan would set a bad precedent. Mrs. Flynn agreed it would not be worth it to get a small piece of land. Mr. Burke said the owner was unsure what he would do with most of the land, and wanted the two street lots to market now. Mr. Dolan said he did not have a problem with the smaller street lots, but was concerned about the future development of the rest of the parcel, since the owner has not guaranteed the number of lots or open space within the subdivision. 1 Meeting of August 11, 1999 ( Mr. McShane suggested the board could consider the request if the owner would guarantee seven lots and open space, but said the board could not require that. Motion: Not to support the concept because of the lack of guarantee about the number of lots behind the Form A lots and concern that support would flaunt two Town Meeting votes to increase lot size. Mr. McShane agreed supporting the concept may set a bad precedent. Mr. Frank said he preferred not to make a recommendation since the owner is asking for the board's opinion on a variance, not a subdivision, neither of which has been filed. (Dolan- McShane) 6 -1 with Mr. Frank opposed PASSES 4. Letter from Steve Benoit requesting permission to delay sidewalk and curbing installation until October 15, 1999 to avoid construction damage. Motion: To agree to the October 15, 1999 installation deadline, provided all work is completed by that date. (Flynn- Torman) 7 -0 PASSES 5. ZBA Application Hidden Realty Trust - Homestead Restaurant - Seeking a change in use from commercial to residential. The Health Agent has said the property's septic system is too close to the water after Title V changes. With a single - family home, the system could be smaller and fit on the lot. Since residential is a use by right in that zone, Mr. Burke suggested the application should have been for a variance from frontage requirements instead of a change in use. Motion: To send the ZBA a positive recommendation for the change of use from an abandoned restaurant to one single - family house because it is in keeping with the character of the neighborhood. (Dolan- Frank) 7 -0 PASSES Mr. Frank was concerned about making recommendations on this and other ZBA applications, many of which he felt do not supply enough information. 6. Request from PJ Walsh for a field modification to the drainage system in his subdivision off Deer Path Circle. Currently, water collects in a long swale; Mr. Walsh is proposing a manhole over a flared 30 -inch pipe with rip rap to the edge of the property line. This way, the water will still be within the easement, but contained in a pipe with a grate over the end, eliminating public safety issues. Mr. Burke explained the plan will have to go to the Conservation Commission. Mr. McShane asked if it would create more drainage problems; Mr. Burke said it would not because it would carry the ( same amount of water but would no longer be an open trench. 2 Meeting of August 11, 1999 Motion: To approve the field modification subject to approval of the type of grate used over the end of the pipe (Dolan- Frank) 7 -0 PASSES 7. Surety Release - Woodland Park $80,130.31 Motion: To release $80,130.31, leaving a balance of $94,346.48 which includes the 10% contingency. (Flynn - Dolan) 7 -0 PASSES 8. Letter regarding a possible supplemental Environmental Impact Report for the Great Woods Office Park. 9. Letter from Mr. Cook to Reyna Rubin approving the delay of the Planning' Board meeting regarding the Great Waves water park until August 25, 1999. Special Permit Continued Public Hearing _ Carpet Concepts' - Oakland/Maple Streets Michael Trowbridge, Hutchins - Trowbridge Associates, representing the owner, Robert Arnold, explained there will be two buildings, one housing a carpet business, the other a contractor's building. The proposed mini - storage units have been eliminated, and the amount of pavement has been reduced. Only one of the buildings will be built initially, the second at a later date. Both buildings will be on sewer and water. Department Head Comments Engineering: Mr. Trowbridge explained the items of concern and listed the items he has provided, including: concentration information, witnessed test holes, constant head tests, four foot deep sumps in the catch basins, a hooded catch basin in the dock area, and set the drainage structures at two feet in most places, higher in some. Fire: Lt. Sarro had been concerned about trucks being able to get around the building; Mr. Trowbridge has provided a gravel access road with a locked gate, to which the Fire Department will have a key. Police: The department had been concerned about the site distance for trucks entering and leaving the site; Mr. Trowbridge has eliminated one entrance. There had also been a concern about site lighting; two pole lights at the front of the site have been added. Planning: The board had been concerned about the mini storage units and lighting on the building; both features have been eliminated. Meeting of August 11, 1999 The applicant has applied for and been denied a variance for the 75 foot setback. The building inspector received an opinion from Town Counsel indicating the setback does not apply because the distinction between "business" and "industrial" is vague, and in that case, Mr. Mangiaratti said he would side with the landowner. Mr. French asked if the plan as submitted conforms to the board's requirements. Mr. Trowbridge said it does, and he is only applying for the special permit because of the water protection act issues. Mr. Burke explained the special permit requirement was triggered because more than 15% of the site will be impervious surface after construction. Mr. McShane was concerned the use is not listed in the schedule of permitted uses. Mr. Burke explained a use is allowed unless it is specifically prohibited, and this is a use by right in the underlying district; because it is in the water protection overlay district and the impervious surface will be more than 15 %, the special permit is needed. Mr. Dolan asked if any liquids would be stored; Mr. Arnold said he would only be storing the electronic equipment for his business. Mr. McShane asked why the applicant was building two buildings, when he could have better buffer zones with one. Mr. Arnold explained that was a financial decision. Mr. Trowbridge said the buildings will be 22 feet from the residential lot line, Lot 69 will have 62.5% impervious surface, and Lot 70 will have 61.6 %. Sixty five percent impervious surface is allowed. Mr. McShane asked how close the buildings will be to the nearest well; Mr. Trowbridge said it was at least several thousand feet from this site to the Kate Springs well site. Mr. McShane asked if a traffic study had been done; Mr. Trowbridge said it was not required for the special permit. Mr. Burke suggested the use might more appropriately be called bulk material storage /sales. He added that the questions the applicant had to answer are whether there is as much stormwater as possible going back into the ground, is the water clean, and are activities that would introduce hazardous materials prohibited on the site? Mr. Trowbridge responded the drainage had been calculated for the 100 -year storm, soil tests had been done to substantiate the system's height above groundwater, four foot sumps had been added to the catch basins, two oil /water separators had been added, and the site will have 100% recharge. Mr. McShane was concerned the board was not considering the application seriously enough in light of all the issues the board was charged with considering. 4 Meeting of August 11, 1999 Mr. Trowbridge said he thought he had covered all of those issues. Mr. McShane asked about the location of the closest downgradient monitoring well; Mr. Burke said there may be one next door. Mr. McShane requested a list of the items such as pesticides, adhesives, etc. which would be used on the site, along with an erosion control plan. Motion: To continue to 7:30 p.m. on August 18, 1999 (Torman- Dolan) Mr. French suggested continuing the hearing until September I" because the Board had specifically not scheduled a meeting for August 18I`. W. McShane agreed, saying the proposal does not meet any of the Board's standards, and continuing to an unscheduled meeting was unfair to members who had Made plans. Vote: 4 -2 -1 with McShane and French opposed and Flynn abstaining. PASSES Canoe River Acres Modifictition - Continued Fublic Hearing .' Bob Babcock, representing the owner, explained the changes made following the last meeting, when the board requested the cul -de -sac be reduced and a 25 -foot landscaped island be added. The cul -de -sac has a 50 foot radius, large enough for emergency vehicles. The drainage is the same as in the original plan. Mr. Burke explained the Police and Fire Departments were more comfortable with the 50 foot radius cul -de -sac than with the original proposal, with the road ending in a hammerhead. He added the landscaped island satisfied the concerns of both the abutters and the board. New Correspondence Memos from the Police, Fire and Water Departments indicated there were no remaining issues. Public Comment Bob Galvanin, 31 Canoe River Drive, asked if the modification included the same amount of paved surface. Mr. Babcock explained there would be 100 feet less pavement. Bob Shuffleton, 18 Canoe River Drive, asked who would be doing the road work. Mr. Babcock told him the owner, Steve Benoit, would be completing the road and expected to begin work soon, as the machinery is already on site. Mr. Galvanin asked about the drainage system. Mr. Babcock explained there ( were two existing catch basins, to which a small section of the paved surface would drain, and the rest would drain to a pair of dry wells with overflow pipes to 5 Meeting of August 11, 1999 an existing manhole, and eventually into the river. He added there would be no net runoff to effect the existing homes. Board Comment Mrs. Flynn asked if there was a plan for the landscaping of the island. Mr. Babcock said he had not been able to find one in the board's regulations; Mr. Burke will supply him with a typical detail. Motion: To grant the waiver for the 50 foot radius of the cul -de -sac (Dolan - Torman) 7 -0 PASSES Motion: To deny the waiver for the use of bituminous concrete curbing and to require the use of sloped granite curbing. (Dolan -Cook) 7 -0 PASSES Motion: To approve the modification with the roadway as presented and the inclusion of Lot 3A ( Torman- Dolan) Mr. McShane said there would be no benefit to the town in granting the additional lot. Mr. Frank noted the lot could be created by a Form A plan, and this way the road will be completed in a way that will be beneficial to the town. Vote: 6 -1 with Mr. McShane opposed. PASSES Motion: To reconsider the above vote and add a two -year time limit for the completion of all roadway work (Dolan- Frank) 6 -1 with Mr. McShane opposed PASSES Motion: To close the public hearing ( Torman- Dolan) 7 -0 PASSES Site Plan Review -160 North Main Street Restaurant - Kenny DeFazio Mr. Burke explained that any alteration of an existing structure or parking requires site plan approval. In this case, however, there are no structural changes proposed, and because the building is in the B1 zone, it is exempt from parking requirements. The issue is one of on- street loading, where the Planning Board can exempt a business from Section 4.4.4.11 of the Zoning By -Law if it decides that no unsafe traffic situation will be created. Mr. French asked how many daily deliveries the restaurant would get. Mr. DeFazio explained he would be open five days for dinner only, and would be getting one to three deliveries daily, depending on the day. Because the restaurant will be small, with 15 or 16 tables, the deliveries would come in small trucks and will not take long to unload. 6 Meeting of August 11, 1999 Department Head Comments A memo from Mr. Cook suggested deliveries be made early and vendors park on the west side of the street. Board Comments Mr. McShane asked if there would be enough on- street parking for customers. Mr. DeFazio said there would be, since most of the downtown businesses are not open in the evening. Motion: To send the Building Inspector a positive recommendation that in the board's opinion, an unsafe traffic condition will not be created. (Flynn - Torman) 7 -0 PASSES Around the Table Mr. Dolan asked if anyone had gone on the trip to view Water Country in New Hampshire. Mr. McShane said he had gone and liked it, but was concerned about who would be running Great Waves - the owners of Water Country or the people who currently own the land on which Great Waves is proposed. Mr. French asked if the board wanted the site plan meeting on Great Waves televised. Mr. Burke said he had spoken with the Town Manager and the Chairman of the Board of Selectmen and requested the Planning Board be allowed to decide whether or not to be televised. Mr. French asked if the board wanted to allow public comment during the site plan meeting. He said they should identify the issues within the board's jurisdiction and explain those things to the public. Mr. McShane suggested not limiting public comment, and said a newspaper story before the meeting might help to explain the board's scope under site plan review. Adjournment Motion: To adjourn at 10:50 p.m. (Dolan - Frank) 7 -0 PASSES ` Ak"U � �1 Signatu of Clerk Date of Approval Next Meeting: August 18,1999 7 Meeting of August 11, 1999