HomeMy WebLinkAboutplanningbrdmin09142011
Planning Board Minutes
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Present: Tom French, Chair; Don <tt~Ww. eftf$<Sl4lf,fN&e1ael McClanahan, Anthony
Jodice, Shawn MacDonald, James Ragazzo
Alternates Ralph Penney and Rod or2Ql~ Gel 20 P 2: 53
Shaun P. Burke, Director of Planning andSRvrJ~I,IlFut
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1. Meetmg called to order at 7:00 p.m.
Motion: To appoint Mr. Cleary Acting Clerk
(McClanahan-Jodice) All in favor. PASSES
I 2. Correspondence
1. September 14, 2011 letter from Jay Zola re: bond amount for Stanley Place
Motion: To set the bond amount at $113,136.64
(McClanahan-Jodice) Six in favor. One abstained. PASSES
2. Minutes August 17,2011
Motion: To approve as amended (Jodice-McClanahan)
3. August 24, 2011 memorandum form Mr. Burke re: Capital Improvements Committee
Mr. MacDonald said he would serve if the committee meets on Tuesday, but he
cannot meet on Thursdays.
4. Public Hearing notices - Attleboro, Sharon
5. The Beacon
I 3. Site Plan Review - Dunkin Donuts - 45 Chauncy Street
David Faist, Faist Engineering, explained the plans for a 340-square foot addition at
Dunkin Donuts. The sidewalks in front of the building will be upgraded to meet ADA
standards. The rear of the property has old bollards; concrete islands will be added to
better define the parking area. The dumpster will remain where it is. Mr. Ragazzo asked
if the dumpster is enclosed; Mr. Faist said it is.
Mr. Ragazzo asked the purpose of the concrete islands; Mr. Faist said they are intended
to define his parking area. The island will be about six inches high and the bollards will
be three feet high with reflective plastic sleeves.
Mr. Jodice asked if the Fire Department has reviewed this plan. Mr. Burke said it has and
did not identify any problems.
Mr. McClanahan asked about snow removal. Owner Edward Andrade said he contracts
to have the snow removed from his site, otherwise he loses parking spaces.
Mr. Faist showed the board the location of the existing bollards and striped parking area.
The clerk read a memorandum from the Electric Department.
Mr. Andrade said the addition will allow more interior seating space.
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Mr. Cleary asked if the entrance is ADA compliant. Mr. Andrade said the entrance is,
but the sidewalks and handicapped ramps are not. The sidewalk and handicapped ramp
will be replaced and made ADA compliant.
Mr. Penney said this appears to be an improvement over the existing conditions.
Mr. Ragazzo asked about the parking requirements; Mr. Burke said one space for four
seats is required, so this site is overparked.
Mr. Burke said he thinks this plan warrants a positive recommendation to the Building
Inspector.
Mr. Oreste said the ADA compliant sidewalk and handicapped ramp, as well as
additional seating space, will be improvements.
Mr. Penney said Mr. Andrade owns the entrance/exit and suggested restriping to better
define the area. Mr. Andrade said he plans to seal and restripe his whole parking lot
when the project is done. Mr. Penney suggested adding left and right arrows to the
pavement at the exit to help traffic leaving the site. Mr. Andrade said he would be
willing to do that, but he would like to talk with Officer Lawson about it. Mr. Burke
suggested adding that to the recommendation.
Mr. Penney said he doesn't like bollards because they tend to get damaged; he suggested
a guard rail.
Mr. Penney asked if the fa<;ade is being changed. Mr. Andrade said it is. He showed the
board the proposed new signage, which he said would be presented to the building
inspector for a permit. Mr. Burke said the sign will have to conform to the wall sign
regulations.
Motion: To send the Building Inspector a positive recommendation with the suggestion
that left and right arrows be added at the exit/entrance to Dunkin Donuts
Mr. Jodice said he is uncomfortable with this area because of the truck traffic and parking
situation. Mr. French said this landowner is trying to define his own parking area. Mr.
Andrade said employees of other businesses in the plaza use his parking area throughout
the day, and he simply wants to define his own area.
(MacDonald-Penney) All in favor. PASSES
I 4. Preliminary Subdivision Review - Morse Place - 10 Lots off Branch Street
Ralph Maloon, RIM Engineering, explained the plan for a 1 a-lot conventional
subdivision with 650 feet of roadway, nine conventional and one large lot. The Back Bay
Brook runs through the site, the wetland line was confirmed in 2006 during the Village at
Willow Crossing expansion proposal. Mr. Maloon said this site would be on sewer.
Utilities will include a new sewer main with a tap to an existing manhole.
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Mr. Maloon said drainage for the new road will be piped and carried by drainage lines to
a retention basin. The local regulations do not allow retention basins unless the site is in
the wetland protection district; however, the state regulations require a certain amount of
water be put back into the ground, so there is a conflict between the town and state
regulations. Mr. Maloon said this site has excellent soils with high permeability. He said
the state regulations require more water to be put into the ground the higher the
permeability. He said he would be asking for a waiver on this.
Mr. Maloon said Mr. Azinheira would like the water main tapped through to Marshall
A venue. Mr. French noted that would have to go under the Back Bay Brook. Mr.
Maloon said he doesn't think they would be able to go through the piece of land in
between this site and Marshall A venue.
Mr. Maloon said there had been a lot of concern about the bike path during the Willow
Crossing expansion discussions. He showed the board a plan to improve that portion of
Branch Street; he said part of Branch Street has a 40-foot right-of-way and part has a 26-
foot right-of-way. There is no drainage in that section of Branch Street. Drainage is
being proposed for the construction of this portion of Branch Street.
Mr. Maloon said typically, the subdivision entrance would have a stone wall with the
subdivision name, but he suggested a small park at the entrance.
Mr. French asked how many entrances are being proposed. Mr. Maloon said he would
like the board's and Police Department's input on that. Mr. French said he would only
want the bike path crossed once. Mr. French suggested bringing all the access, including
the existing abutters' driveway, across the bike path once, and blocking off the existing
dirt road. Mr. Burke said there might be issues with public safety getting adequate access
to the house.
Mr. Burke said he is concerned about cars exiting the site and queuing up on the bike
path. He said he doesn't want people having to walk between cars while using the bike
path. Mr. French suggesting pulling the bike path away from Branch Street, so the bike
path would be approximately 100 feet from the intersection.
Mr. Ragazzo asked about bridging the bike path. Mr. McClanahan said the sewer
interceptor runs under the bike path. Mr. Maloon said groundwater is very high in this
area. Mr. Ragazzo said 100 additional vehicle trips per day sounds like a dangerous
situation. Mr. Burke said there are a number of ways to deal with bike path crossings.
Mr. Maloon said he would like to meet with Mr. Burke and Officer Lawson about this
issue. Mr. Ragazzo said other bike paths use things like different materials, signage and
speed bumps at crossings.
Mr. Maloon said the subdivision name may change because there is already a Morse
Court in town.
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Department Head Comments
The clerk read comments from Engineering, Police, Fire, Electric, Water, Fire,
Conservation.
Mr. French asked if the Branch Street right-of-way could be modified so there would be a
90-degree turn into this site. Mr. Burke said it is possible, but asked if it would be a good
idea to do that simply for the sake of geometry. He said that change would increase
vehicular speed, which would be a concern at the bike path. Mr. Maloon said the radius
is enough for the largest piece of Fire Department equipment.
Mr. MacDonald asked the length of the new road; Mr. Maloon said it is 650 from the
edge of Branch Street to the center of the cul-de-sac.
Mr. Cleary asked about the triangle of land. Mr. Maloon said he thought about clearing
the brush out and adding some maintenance-free plantings. He said they could also add a
couple of parking spaces or some benches.
Mr. MacDonald asked if all ten lots would be buildable. Mr. Maloon said they would be.
Mr. Burke asked if the waiver request will be for stormwater recharge. Mr. Maloon said
that would be his only waiver request.
Mr. Burke suggested approving the preliminary plan, paying special attention to the
intersection of Branch and proposed way, as well as ensuring the manner the proposed
way, Branch Street and the bike path will be safe for pedestrians, bicyclists and motorists.
Suggest the applicant move forward to the definitive subdivision plan with as few waiver
requests as possible, being mindful of the difference between the state and local
storm water regulations.
Motion: To approve the preliminary plan, paying special attention to the intersection of
Branch Street and the proposed way, as well as ensuring the manner the proposed way,
Branch Street and the bike path are dealt will be safe for pedestrians, bicyclists and
motorists. Suggest the applicant move forward to the definitive subdivision plan with as
few waiver requests as possible, being mindful of the difference between the state and
local stormwater regulations. Encourage the applicant to talk with Mr. Nicodemus about
the possible relocation of his driveway (McClanahan-Jodice) All in favor. PASSES
5. Special Permit Public Hearing continued - Dolan Estates Residential Compound
- 4 Lots off Ware Street
Stan Feck; Ralph Maloon, RIM Engineering; Attorney Adam Brodsky
Attorney Brodsky submitted a letter asking that Mr. Penney recuse himself from the
remainder of the public hearing. He said he is hesitant to raise a conflict of interest issue
with any board, and said he attempted to resolve the issue earlier in the day. He said Mr.
Penney and Mr. Feck had a business relationship on another project, which should have
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been disclosed earlier. Attorney Brodsky said Mr. Feck is concerned that Mr. Penney
will not be able to be objective in this matter.
Mr. Penney said he has no business relationship with Mr. Feck and has not since 2009.
He said he wishes Mr. Feck had brought this up prior to tonight.
Mr. Penney asked if the public hearing could be rescheduled so he could get a town
counsel opinion on whether or not he can vote on this matter. Attorney Brodsky
suggested another alternate member could be the seventh voting member. Mr. French
said if this were to be continued, the applicant would have to give the board an extension.
Mr. Feck said he would rather not continue for this matter alone. Mr. French said this is
the third meeting on this, and Mr. Penney has participated in both previous meetings.
Mr. French noted Mr. Oreste just joined the board at the last meeting, and said it is up to
him whether he feels comfortable participating and voting on this.
Mr. Penney said he didn't think he and Mr. Feck had a previous relationship or had any
problems. However, he said he would recuse himself in order to facilitate the process.
[Mr. Penney left the meeting at this time.]
Mr. Maloon explained he has amended Sheet 3 to show the four-bay, which had been
shown as a replication area.
The clerk read memos from Fire Chief Neal Boldrighini and Town Engineer Rick Alves.
Mr. French asked if Mr. Feck has talked with the Conservation Commission about
cleaning out the culvert. Mr. Feck said he has brought it up several times with the
commission and with Mr. Alves. Mr. Feck said the culvert was designed with rip rap on
both sides, but was not built that way. He said he would be willing to clean the existing
culvert and install the rip rap. Mr. Maloon said the Conservation Commission does not
want the bank disturbed, but he said by leaving it as it is, it will continue to silt up.
Mr. McClanahan said he has spoken with Mark Cook, who said the culvert was installed
in 1998. Mr. Feck said it was not completed according to the plan.
Mr. Oreste asked if water will be added to the intermittent stream. Mr. Feck said they
would not add or take away water; they have balanced everything. He said there could be
a slight increase in runoff to the stream during the 1 OO-year storm.
Mr. French asked about the retention pond behind Lot 2. Mr. Maloon said they would
excavate 6" below groundwater, with soils and plantings at the bottom of the basin and
the water going back into the groundwater table. He said that basin was designed for two
back-to-back 1 OO-year storms. He said the drawdown calculations start at the end of the
first 100-year storm and it would take approximately 47 hours for the basin to back to
water level after the 100-year storm.
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Mr. Jodice asked what recourse the town has if the conditions of the special permit are
violated. Mr. Burke explained the building inspector has enforcement power on special
permits. Mr. Jodice asked what would happen with problems on the individual lots. Mr.
Feck said he thought the building inspector would enforce that. Attorney Brodsky said
the building inspector and Conservation Commission will have enforcement powers. He
said the Conservation Commission would not issue a certificate of compliance until it is
completed properly.
Mr. Feck said the plan will keep water from pooling against abutting properties, which
happens now. He said the abutters have existing water problems, and he will not create
additional problems.
Mr. Burke said any violations of the special permit would be handled as a zoning
violation - he would investigate and report back to the building inspector if there is a
problem. If necessary, the building inspector would issue an enforcement order, and if
that does not resolve the issue, additional enforcement would take place in Superior
Court.
Attorney Brodsky said this project's drainage system has been designed to comply with
the stormwater management regulations, which is more than what is required in a
residential compound.
Mr. Oreste said Mr. Feck has clearly gone over and above what he needs to do to address
the issues, but there are obviously still concerns about whether this plan will work as
proposed. He said he is concerned whether constructing this plan will prevent the
abutters from resolving the existing problems.
Arthur O'Neill, Ware Street, said he has never seen an enforcement action taken against
violations in a residential compound. He said the culvert is nearly overwhelmed in
storms that are not 100-year storms. Mr. O'Neill said the town engineer, while agreeing
with Mr. Maloon's drainage calculations, cannot guarantee they will work properly. He
said the town should not be approving a development that could decrease existing
homeowners' property values.
Mr. O'Neill said as a public safety official, he is concerned about the width of the
roadway.
Mr. O'Neill said ifthere was an issue with a board member, it should have been brought
up at the beginning of the public hearing.
Mr. Burke said the town tries to avoid enforcement in court whenever possible, and he
frequently negotiates with homeowner's associations and abutters to enforce the
conditions of special permits.
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Mr. O'Neill said Lt. Tebeau's previous memo was concerned about the width of the
roadway. Mr. French said the memo received today from the Fire Department indicates
they are comfortable with the roadway width.
Barbara Curtis, 265 Ware Street, said she is concerned about the length of time it would
take to resolve issues.
Mr. Feck said other than the Wallace and Dutra properties, the proposed houses are
hundreds of feet away from the existing abutters. He said he would not be putting more
water on abutting properties, and would help the abutters if it is possible. Mr. Oreste
asked if there is a way for Mr. Feck to have some sort of insurance policy in case this
drainage doesn't work. Mr. Feck said his drainage plan would hold the water back
hundreds of feet away, rather than having it pooling against Mr. Wallace's property. Mr.
Wallace asked if Mr. Feck could guarantee he wouldn't have additional problems.
Attorney Brodsky said he understands the neighbors' concerns, but said there is no
evidence this project will cause any drainage issues, and the stormwater management
plan indicates it will improve the conditions.
Mr. French said he is concerned about the number of lots, and while Mr. Maloon did a
good job designing the system, he is concerned about long-term maintenance. He said he
is concerned about whether the homeowners' association will maintain the system
properly. He said he is concerned about the lack of public water supply and the distance
water will have to be brought into the proposed new houses
Elaine Boyce, 203 Ware Street, said their water problems seem to have gotten worse after
the Jordan-Jackson School was built, and again when River Edge was constructed. She
said the homes on River Edge Road had French drains constructed because of the water
problems. She said there is a brook running through this site, which overflows and floods
back yards.
Mr. O'Neill said the board has to look at the town's and state's regulations, as well as the
rights of the applicant and the existing property owners who will be impacted by
development. He said this is not an acceptable risk, and the fact that the existing
homeowners already have water problems is not a good reason to take the risks.
Mr. French said the board has to look at the criteria of the special permit section, Zoning
By-Law Section 5.5, and make a finding that the benefits outweigh the detriments with
regard to a number of items. Mr. Feck said this plan meets the standards showing the
benefit of a residential compound over a traditional subdivision.
Mr. Cleary said it may not be a benefit to anyone to have houses built behind them, but
that is not a reason to deny a plan. He said the professional engineers have told the board
the drainage will work.
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Mr. Feck said he has never been involved in a meeting where there was so much focus on
reasons to deny the plan. He said he understands the board has to determine the benefits
of the proposal.
Mr. French said he is concerned this development may be too intense and about how it
will work long-term.
Mr. Burke said one of the good things about residential compounds is cost avoidance for
the town. However, with a private way, there are issues with the homeowners
maintaining the roadway. He said as time passes, that maintenance will become more
expensive, especially with the proposed bridge.
Mr. MacDonald asked where this plan is with the Conservation Commission. Mr.
Maloon said he thinks they are close to finalizing with that board. Attorney Brodsky said
he expects to request the commission close its hearing at the September 10 meeting.
Mr. McClanahan said the applicant has exceeded every aspect of other residential
compound in town. He said the applicant did not create the existing drainage problems,
and the applicant's and the town's professional engineers have stated the proposed
system will work.
Mr. Jodice said building is a good thing and helps the economy and the tax base, but he
said he is struggling with this marginal piece of property. He said he doesn't want to
harm the neighborhood, and the town's department heads have told the board they are
comfortable with the issues. He said the board relies on department heads to review the
issues and provide advice.
Mr. Ragazzo said it is important for each board member to use their own judgment. He
said he isn't comfortable that based on Section 5.5. of the Zoning By-Law that the
benefits outweigh the detriments of this plan.
Mr. MacDonald said he agrees with Mr. Jodice that the board should take the advice of
the town's department heads. However, he said this is an intense use of this property.
Mr. Oreste said as a new member, he will abstain from voting.
Mr. Burke said the board has to determine whether the benefits outweigh the impacts of
the proposed development. He said benefits would be things like economic stimulus and
added value to the town's economy; detriments would be things like changes to the
environment, possible negative impacts to neighborhood and potential for adverse
impacts on storm water management.
Motion: To approve the special permit
McClanahan - In favor. The applicant has exceeded the technical requirements of a
residential compound, and the benefits outweigh the detriments.
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Jodice - In favor. In terms of the impact on health, safety, convenience, general welfare
and amenities, I am neutral. In terms of the effects on adjoining premises, neighborhood
character and social structure, and considering the town engineer's comments, I am also
neutral. In terms of impact on vehicular and pedestrian traffic convenience, safety and
adequacy, I am neutral. In terms of adequacy of municipal facilities and services, I am
neutral. In terms of effects on the natural environment, I defer to the Conservation
Commission. In terms of fiscal impacts, I believe the development will be a benefit to
the tax base, will employ people during construction and if the drainage works as
designed, may raise the property values of the existing houses in neighborhood.
Ragazzo - Opposed. The board members have an obligation to use their best judgment,
and I am not comfortable with all aspects of the project being either a short- or long-term
benefit to the town because of too many unknown variables. In terms of the impact on
the health, safety, convenience, general welfare and amenities of the inhabitants, we have
evidence from abutters of the potential negative impact. In terms of vehicular and
pedestrian traffic convenience, safety and adequacy, I am neutral. In terms of adequacy
of municipal facilities and services, the new letter from the Fire Department is very
different from their original letter and I am concerned about two vehicles being able to
pass on the bridge and about vehicles being trapped in the cul-de-sac in an emergency. In
terms of effects on the natural environment, I am neutral. In terms of fiscal impacts,
more real estate taxes are a good thing, but there is a more than average chance of
enforcement issues that will cost the town in the future.
Cleary - In favor. The effects on adjoining premises are a concern. Vehicular and
pedestrian safety not an issue because the new houses will be in their own neighborhood;
In terms of effects on the natural environment, I defer to the Conservation Commission.
In terms of fiscal impacts, this will develop unused land and add it to the tax rolls.
MacDonald - In favor. The benefits outweigh the detriments. In terms of the impact on
health, safety, convenience, general welfare and amenities, I am neutral. In terms of
effects on adjoining premises, I am neutral considering the town engineer's memo.
Vehicular and pedestrian safety issues have been adequately addressed. In terms of
adequacy of municipal services, the board has a letter from the Fire Chief saying he is
comfortable with the development. In terms of effects on the natural environment, I defer
to the Conservation Commission. The development will be a fiscal benefit to the town.
French - In favor. In terms of impact on health, safety, convenience, general welfare and
amenities, the case has been made there will be less impact than a traditional subdivision,
with less pavement than a traditional subdivision road. In terms of effect on adjoining
premises, neighborhood character and social structure, I am concerned about drainage,
but the Town Engineer indicates it will be mitigated. The new houses will be far from
the existing homes, and have the potential to increase the values of existing properties. In
terms of adequacy of municipal services, the Fire Department is comfortable with the
plan, and the new houses will have private wells and private wastewater disposal. In
terms of impact on the natural environment, I am concerned about the long-term
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maintenance, but there will be a homeowners' association and the special permit will
allow enforcement. In terms of fiscal impacts, there will be a marginal positive impact
with temporary construction jobs, and there will be a positive impact on taxes. There will
be no impact on the abutters if the drainage works as proposed.
Five in favor. One opposed. PASSES
Mr. French suggested the board send the Conservation Commission a letter
recommending it allow the applicant to complete the rip rap around the Ware Street
culvert and clean it out.
Motion: To close the public hearing (McClanahan-Jodice) All in favor. PASSES
Mr. O'Neill said a house is a net loss in taxes because of the demand on schools and
other municipal services. He said he is disturbed that the risk to the current property
owners seems to be acceptable to the board in favor of private profit. Mr. French said
the board has expressed its concerns about this project, but it also has to consider all of
the residents of the town.
I 7. Form A (ANR) Plans
I 8. Public Comment
I 9. Around the Table
Mr. Jodice asked about the striped parking spaces next to Mass Glass. Mr. Burke said
that was a paper street, but is no longer.
110. Adjournment
Motion: To adjourn at 10:00 p.m. (Ragazzo-
) All in favor. PASSES
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