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Planning Board Minutes
June 9, 2010
Present: Tom French, Chair; Beth Ashman-Collins, Clerk; Michael McClanahan,
Anthony Jodice, Don Cleary
Shawn MacDonald, Alternate
Shaun P. Burke, Director of Planning and Development
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11. Meeting called to order at 7:30 p.m.
I 2. Correspondence
1. The board reviewed draft letters of appreciation to Mr. Verrochi, Mr. Annino and Mr.
Kozlowski
Motion: To sign and send the letters as drafted (Cleary-McClanahan)
2. May 12, 2010 minutes
Motion: To approve as submitted
(Jodice- McClanahan)
2. Public Hearing notices - Attleboro, North Attleboro, Norton, Sharon
3. June 9, 2010 memo from Mike Ahern, DPW Special Projects Manager re: Surety
Amount for Green Tree Acres
Motion: To set the surety for the completion of Green Tree Acres at $69,024.48
(McClanahan-Jodice) All in favor. PASSES
4. Form J Release from Covenant - Green Tree Acres Lots 1,2,3,5,6
Motion: To sign the Form J (McClanahan-Jodice) All in favor. PASSES
Mr. Burke noted that lot 4 remains under covenant and will become the affordable
unit.
I 3. Around the Table I
Mr. MacDonald asked ifthere has been any progress on Mr. Crugnale's Rumford Avenue
project. Mr. McClanahan said the demolition work has begun.
Mr. McClanahan asked about the completion schedule for Autumn Park. Mr. Burke said
he has spoken with Mr. DiMascio, who has had to get a new Order of Conditions from
the Conservation Commission. That order has been issued and Mr. DiMascio will record
it. He intends to finish the subdivision and go for street acceptance at the fall town
meeting.
Mr. Burke said there has been staff discussion about whether the subdivision should be
completed while there are four empty lots. There are concerns about construction
equipment causing damage to the sidewalk and curbing. Mr. Burke said he would like to
have everything finished now, and for the developer to post a bond for those four lots in
case of construction damage. He said staff plans to meet on site with Mr. DiMascio to
discuss the bonding process, which should be similar to a curb cut or street cut bond
through the Department of Public Works. Mr. Burke noted the completion date for Phase
I has passed, and is approaching for Phase II.
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Mr. Burke said the binder course of asphalt has been down for two years, so it will have
to be patched and perhaps leveled. He said the pavement hasn't raveled and there are no
potholes. The town is not plowing.
Mr. French asked if there is a process to require a bond be posted after the street is
accepted. Mr. Burke said there is.
Mr. Cleary asked if there will be new curb cuts added. Mr. Burke said there will not be,
and locating the curb cuts will be part of the staff site walk with the developer.
I 4. Form A (ANR) Plans
5. Preliminary Subdivision Review - Wayside Estates - 7 Lots off Old Farm Road
and Saddle Ridge Road
Jim Burke, Decelle and Burke Engineering and Michael Trowbridge, Hutchins-
Trowbridge Associates
Mr. Trowbridge explained there have been several versions of this plan, most with more
lots and a looped road. He said this smaller plan is based on the last conversations with
the board. He said the plan would require a waiver for the length of the road.
Jim Burke said the site is 43.7 acres and is flat with significant wetlands. The plan shows
the 25-and 100-foot buffer zones, which were flagged in 2006. He said the ANRAD has
lapses, so they will be reflagging the wetlands.
Mr. 1. Burke noted Saddle Ridge Road is already 650 feet long, and the proposal is for an
approximately 200-foot extension. He said the justification for granting the waiver is that
the addition of the cul-de-sac will make access better and safer.
Mr. 1. Burke said the Old Farm Road extension will be 537 feet with four lots. He said
there has been a question about the disposition of Lot 8; he said it could be kept in the
landowners' family or possibly split between lots 3 and 7. He said Lot 8 is not intended
to be a buildable lot at this time; he noted there is a certified vernal pool on the lot. Mr.
French asked if Lot 8 is currently a buildable lot. Mr. 1. Burke said it is, but a wetland
crossing would be necessary to access the buildable portion of the land. Mr. French
asked if Lot 8 would be accessible after the subdivision was done. He noted the applicant
cannot come back later and claim an access hardship to Lot 8 because he would have
created his own hardship.
Mr. J. Burke explained the Saddle Ridge grading and drainage. He said a low point will
be created for the detention basin. Mr. Alves's comments included a concern about the
detention basin being within 100 feet of the subdivision line. Mr. 1. Burke said if the
basin were moved back, it would be harder to make the detention work properly. Mr.
Trowbridge said moving the basin farther back from the road could help with safety
concerns.
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Mr. 1. Burke said the stormwater management meets DEP guidelines. He said his rough
calculations indicate the stormwater system will take all of the site's runoff, except roof
runoff.
Mr. 1. Burke said the Old Farm Road drainage was tougher to design, and the current
system is not working properly. He said he is proposing to bring the road up to create a
crest and to add a rain garden.
Mr. French asked where the house would go on Lot 7. Mr. 1. Burke said it would be a
small house at the front of the lot. Mr. French suggested putting the detention basin on
the corner of Lot 8 and making Lot 7 bigger, leaving more room for the house. He
suggested pitching the road so the high point is the back of the cul-de-sac. Mr. 1. Burke
said he would look at that.
Mr. McClanahan asked if Lot 8 is going to come back later as another subdivision. Mr. 1.
Burke said he doesn't know. Mr. Trowbridge said the topographical and wetland issues
on that lot are extensive.
Correspondence
The clerk read memos from Engineering, Conservation, Fire, Mr. S. Burke and Police.
Mr. 1. Burke addressed each comment.
Engineering:
1. Mr. J. Burke said he will be filing for a new ANRAD.
2. The reference to "NA VD 38" on the plan is a typo and will be corrected.
3. The flood zone shown on the plan is from the 1977 map; Mr. 1. Burke said he has
reviewed the new, 2008, flood plain map, and it has not changed. The site is still
in Zone A.
4. The site will be on septic and the leaching system will be shown on the next plan.
5. Mr. J. Burke said he will look into moving the detention basin more than 100 feet
from the subdivision line. Mr. French asked if the adjacent lots (which were done
as ANR lots a few years ago) would be considered part of this subdivision. Mr. S.
Burke said they would not be, so the basin would have to be move or granted a
waiver. Mr. Trowbridge asked if the board would consider a waiver.
6. Length of dead-end road would be 950 feet and would require a waiver
7. Mr. 1. Burke said fire hydrants would be installed every 500 feet.
8. Mr. 1. Burke will verify lot shape on the next plan
Conservation:
Mr. 1. Burke said he will have the wetland line delineated and will file with both
Conservation and Natural Heritage.
Mr. French asked if there are habitat areas on Lots 4,5,6 and 7 on Old Farm Road. Mr.
1. Burke said he didn't recall. Mr. Burke said he thinks the whole site is within the
estimated habitat area.
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Mr. Cleary asked how many vernal pools are on the site. Mr. 1. Burke said there is one
certified vernal pool, and there may be a second.
Ms. Leidhold's memo indicates the project will trigger stormwater management review.
Fire:
Lt. Tebeau would like the water line looped. Mr. J. Burke said he didn't think that would
be possible because of the layout of the lots. He said he thinks they will supply adequate
fire protection with the proposed system. Mr. Burke said the Water Department will
require the water lines in each road to be looped on itself. Mr. 1. Burke said they would
do that. Mr. Trowbridge said a lot of the utilities were installed on this property in the
1970 and never used. He said he would look into the condition of that equipment.
Planning:
Mr. Burke's memo noted that one affordable housing unit will be required on this plan.
Mr. 1. Burke said he would do that. Mr. Burke asked if the plan conforms to waterbody
setback requirements; Mr. 1. Burke said they would determine that when they file with
Conservation. Mr. Burke asked about waivers. Mr. 1. Burke said they would need a
waiver for the length of a dead-end road and possibly for the location of the detention
basin. Mr. Burke asked about the stormwater management method. Mr. 1. Burke said
they will meet all current stormwater regulations for recharge and water quality. He said
they will file with Natural Heritage and will look into options for Lot 8.
Police:
Officer Lawson will require a stop sign at Wayside and Old Farm. Mr. 1. Burke said he
would add that to the plan.
Board Comment
Mr. Jodice asked what impact the Saddle Ridge drainage would have on Peter's Way in
Attleboro. Mr. J. Burke said all new impervious material would be graded to the
roadway, and the only drainage to Peter's Way will be what currently goes there. Mr.
Jodice asked the impact if the detention basin is moved. Mr. 1. Burke said the proposed
location is the best place to manage the drainage, but if the basin has to be moved, the
end result will be the same, but it will require more clearing. Mr. French suggested doing
an overlay of what the basin will look like if it is moved.
Mr. McClanahan said he is concerned about extending the length of the dead-end street.
Mr. Trowbridge said this plan came about after discussions with the board, when
members thought extending the road would be a positive thing because it would improve
access and safety.
Mr. French asked about the size of the cul-de-sac. Mr. 1. Burke said it has an 80-foot
radius, as required in the subdivision regulations. Mr. French said the board has waived
the 80-foot cul-de-sac requirement for smaller subdivisions. Mr. Trowbridge pointed out
there is no turnaround at the end of the road now.
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Public Comment
Chris McGovern, 11 Wayside Drive, said there are more than two vernal pools on this
site. He showed the board several locations where wood frogs have been seen. Mr.
French asked if they are certified; Mr. McGovern said they are not. Mr. McGovern said
protected species like the Northern Harrier and Peregrine Falcon have been seen in the
area, as well as Fisher Cats. Mr. Trowbridge said they will go through Natural Heritage
and the Conservation Commission to discuss those issues.
Logan Marks, 52 Angelina Lane, asked if new houses are in high demand. Mr. French
said the board does not get involved in market analysis, and landowners have the right to
develop their land as required by zoning.
Mr. Marks said Lot 7 will be a small house and asked what the rest of the lot will be used
for. Mr. Trowbridge said they will show the Conservation Commission what will be
landscaped and what will remain natural.
Mr. French noted this is one subdivision with two roads, and will require one affordable
unit.
Mr. McGovern said he was concerned about animals like coyotes, which have been seen
in the area, can harm residents. Mr. French said the threat is similar to any other parcel
of land in town.
Mr. McGovern said that property flooded to the road during the heavy storms in March.
Mr. Trowbridge said that is consistent with the wetland areas and the flood plain map.
Mr. 1. Burke said the roadway extension will improve the drainage. He said he would
like to use a rain garden to collect some of the runoff.
Mr. Marks asked about financial issues for the town. Mr. French said zoning sets the size
of a lot, and the subdivision regulations set the requirements for the road. He said if the
subdivision plan conforms, the board is legally obligated to approve it. Mr. Burke said
there is a fiscal impact associated with development, but that landowners have the rights
to develop their land. He said the lot size required now is much larger than what was
required in the adjacent subdivision, which decreases the number of lots allowed and
therefore the development's impact.
The discussion will be continued to July 28, 2010 at 8:00 p.m.
I 6. Discussion with WS Development - Revised Elevations for Five Below
Dave York, WS Development and Lou Alliveto, architect, explained Five Below is going
into part of the former Linens & Things space.
Mr. York said the fayade that had been discussed previously with the board has been
built, but the tenant doesn't like it because it is too small. The space was originally going
to house three small retailers, but Wines and More will be taking up two-thirds of the
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space, and the other stores on that "block" are very large. Mr. Alliveto said the tenant is
trying not to get lost among the larger stores.
Mr. Jodice said he was concerned the proposed flat roof loses the balance and symmetry
of the line of stores. Mr. Alliveto said the stores are threaded together by their similar
roof lines, but he doesn't think that will be lost with this change.
Mr. French asked about timing. Mr. AIIiveto said the store will open in mid-July, so they
will have to file their plans with the Building Inspector soon.
Mr. Burke said he visited the site, and the colors are a lot more vibrant than shown on the
plans.
Mr. Jodice said the Planning Board spent a lot of time on the design of this center, and he
didn't know if that should be changed. Mr. French said he remembered most of the
architectural discussion being about the smaller stores. Mr. Burke said the special permit
has a condition requiring design review, which has involved things like color, materials
and roof lines.
Mr. French said the board has heard positive feedback from the community about the
center's design, including carrying the design throughout the center and across the street.
Mr. Jodice said he was concerned the board had not seen this proposal prior to this
discussion.
Motion: To approve the revised fayade for Five Below
(McClanahan-Collins) Five in favor. One opposed. PASSES
I 3. Around the Table continued
Mr. Jodice said he was very uncomfortable voting on a plan that comes in at the last
minute.
Mr. Jodice said the Recreation Commission has discussed the possibility of softball fields
at Hatheway-Patterson with the Board of Selectmen. Mr. McClanahan said he thought
the playground between Williams Street and Pine Street would be a good location for
softball.
Mr. Jodice said the state will reimburse the town for each student living in a "40R"
development around a transportation area. Mr. Burke said the state reimburses $3,500
per student, but noted the per pupil expenditure is around $9,000. He said the Cecil
Group had talked about 40R development as an option to go along with TOD
development, which would be 1;4 mile or a 10-minute walk from the train station. Mr.
French said a project like that probably wouldn't be designed or marketed toward
families with children. Ms. Collins said she would like to see mixed-use developments
around the train station, rather than all residential. Mr. French said there has to be a
regional solution to the traffic issue along the Route 106 corridor. Mr. Burke said the
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town has committed to making no changes in use or density in that area until the access
issue is resolved. Mr. French said the best option would be to have one large developer,
who would be willing to work with the town, propose a substantial development for the
whole area. He said in the meantime, something like recreation fields might be a good
use. Mr. Burke said there is private ownership between Hatheway-Patterson and Town
of Mansfield properties, so even with a grade crossing, access would be difficult. He said
there can't be a connection between the back of Hatheway-Patterson and the MBT A
parking lots. Mr. French suggested having a workshop about this issue on June 23.
Mr. Cleary asked if the board should consider changing the wording of the inclusionary
housing by-law, which forces a comparison to single-family homes, even if the
development is condominiums.
I 6. Public Comment
I 7. Adjournment
Motion: To adjourn at 10:30 p.m. (McClanahan-
) All in favor. PASSES
Next meeting: Wednesday, June 23, 2010 at 7:30 p.m.
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Date of App val
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