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HomeMy WebLinkAboutPLANNINGbrd_2292012Planning Board Minutes February 29, 2012 tt c C E i rf E D Present: Tom French, Chair, Michael McClanahan, Don Cleary, Shawn Mnehirnal - ', S OFF ICE James Ragazzo Alternates Ralph Penney and Rod Oreste Shaun P. Burke, Director of Planning and Development 2012 MAP 20 A Q: 26 ye ,t k:• 1. Meeting called to order at 7:00 pm. Motion: To appoint Mr. Cleary Acting Clerk McClanahan - MacDonald All in favor. PASSES 1. February 8, 2012 minutes. Mr. Penney noted he Dolan Estates special permit mylars Motion: To approve as amended (Pemiey- MacDonald) Four in favor. Three 2. January 25, 2012 minutes. The motion on 'the 2 Street was three to three, so it failed. Motion: To approve as amended (McClanahan - Cleary) Four in fa4r Two absl ti. r 3. Public Hearing notices Attleboro, Fpxbplp,eSh: .r . . 4. Citizen Planner Training Collaborati onfee) 109 -111 Chauncy Street/Highlan' Avenue — The application seeks to: create h-Vo lots when endorsed in February 20 ,.1 j.butfthe deyelope vote to sign the PASSES Chimney Peck Development Corp. tly exists. A Form A was cured the lots because of a Land Court issue The lots are now bore'regularlj; shaped and the driveways placed on HighlantlyAvenue. V }til C6 were granted on this plan in August, 2011 for lot width, fiontgeand front yard`setback _Mr, ,Burke suggested the plan warrants endorsement. Motion .ho endorse they qxm A plan" (McClanahan - Penney) All in favor. PASSES Mr. Perrault introdQW.t.f operty owner Richard Madigan. The site is currently being used as a sports con vplex; when it was originally permitted for the same type of use, there were parking issues. The Planning Board specified the parking requirements in the original special permit. The business has changed hands and does not offer as many activities as the original owner planned, so the amount of parking (175 spaces, which included off -site parking) required by the special permit is not needed. The off -site parking is not needed. With some additional paving, the owner can get 123 parking spaces on the site. Mr. Perrault said he had planned to amend the original Planning Board special permit, but a variance may be more appropriate because it would stay with the }and. Mr. Perrault explained he is on the Zoning Board of Appeals' March 20 agenda, but he wanted to explain his proposal to the Planning Board first. Planning Board 1 3/1/2012 Mr. French said the Planning Board would make a recommendation to the Zoning Board of Appeals at its March 14 meeting. He said the original parking plan was very convoluted and included agreements with two off -site neighbors, but at the time, the Planning Board felt it was a good reuse of this site and granted the special permit. Mr. Perrault explained a small amount of pavement will be added to the site to create the additional parking spaces, which will include sub- compact spaces. Mr. Perrault said there are currently 93 parking spaces on site and.ttiey does not need the originally approved 175 spaces. He said there are occasional wet eird events that require parking on Oxford Road, but he noted the Oxford Road busi— s are closed on the weekends. IIe said the additional 26 spaces will help avodrparkng on Oxford Road. Mr. Cleary asked if anyone has approached the toA;txyahout'using soitte;of the parking around the Oxford Road water tank. Mt. Burke said the town would not want anyone parking near the water tank. F r` The clerk read the public hearing notice Ivh French explam'd ho the public hearing would be conducted. VW> �._ Ralph Maloon, RIM Bngmge. 'ing and Michp$ jX6ck, Chris;i'an & Feck Development Mr. Feck explained,th6propos` 11 ;�or a pathwa}q between the existing Camden Lane and the proposed Green I telds Wayi lie roadway ".)open space and connecting pathway have been staked out. He sai2l tt qy t ret sla to abuttgj to walk the site and discuss the plans. Mt Feck explainec�ithe . aivenreq, ests. He said he will not be requesting waivers from X. !.a conctete srdewalks and cottcrete dfaictpge pipe; he will do both of those items. Mr. Feck said they would like to use sloped cape cod berm rather than vertical granite because it will fitp better Ith the neighborhood and because it will be better for wildlife. The extsft G curl ig on Camden Lane is sloped granite. Mr. Maloon presented.' plan showing a conventional subdivision with 16 lots and the cluster subdivision with the same number of lots, which includes three lots on Camden Lane. The configuration of the approved, unbuilt Camden Lane lots will change. The drainage system and several houses on Camden Lane have been constructed. Mr. Maloon said he has met with Mr. Alves and revised the drainage plan. Mr. Alves was concerned the original drainage plan would result in too much maintenance for the town. Mr. Maloon said the area currently flows to an existing pocket and percolates into the ground, with small areas shedding to the wetland and the river. The revised drainage plan includes an inlet pipe, catch basins in the roadway, headwalls in the drainage area at Planning Board 2 3/1/2012 the outfall and in a rip rap depression in the open space to take the stormwater that currently ponds in that area. The forebay has a raised earthen berm to trap debris before it can get into the drainage system. Mr. Maloon said the lots perc. Mr. French said it appears a lot of the runoff that now goes to the south of the site will be brought to the middle of the proposed cul -de -sac. Mr. Maloon said the groundwater is at 1 '/� feet in the middle of the site. He said there is tougher material farther into the field. Mr. Maloon said all the water, including the driveways and roofs, will be put into the middle area. He said the system will manage the 100 -year storm. The road elevation will be around 126 feet and the drainage area will be at 120 feet. There may be some puddling at the headwall at 120.5 feet, but water will not lurch e the catch basins or come over the road. Mr. Maloon said even with fiozen eromrhe site will handle the 100 -year storm. Mr. Penney said this plan appears to send a lot of waterslntb one area Mr. Maloon said this site is close to a town well, and he has to get a variance from the Boaid of Health for the lot size. All the surface water goes tluough a catch ba§i , oiUwater separaigf, then through depressions before going to the wetland area r , Mr. Burke noted the original plan ha ,been to include1Frar- garden and a series of infiltrators, rather than a wet basin I toWm engineer was concerned about the town's maintenance responsibility with the iaiiigarden so that has�eenl� moved from the plan. Mr. Maloon said they will still plant the rsltrdhrch willlr 1p with nitrogen cleaning. Department Head Comments The clerk read mer%os om theV fi ater, Electrro pnservation, Engineering and Planning Departments.' Mr MalO. said he vill �addi6ss ail department head continents. He said the water main Will b�`lpoped through��C�airden Lane end he will be asking for a waiver from the drain mandiole k etween the caiclL asm and oil -water separator. The proposed pghway betiWen the two subdivisions will be stone dust. Mr. Burke said the developer omil cons- r how he wants the subdivision to appear and who it will serve. He suggestedlooking at the pitch and width of the pathway, as well as handicapped accessibility. Mr. Maloon said when the water main is done and the area graded, the applicawwould like to work out the location of the path with Mr. Burke. The proposed walkway has a 6" gravel base with 6" stone dust on the surface. Mr. Maloon said the circular road will need quite a bit of off -site fill. Mr. Maloon said he is not proposing any work near the vernal pool; the closest work will be roughly 260 feet away. Mr. Burke suggested a comprehensive plan should be developed to protect the three resource areas on this site. Mr. Penney asked if the applicant would consider deeding the parcel next to the vernal pool to the town; Mr. Feck Planning Board 3 3/1/2012 said he believes the plan is to deed Open Space Parcel A to the town. He said they will leave an easement between two of the lots for access to the town -owned land. Mr. Burke suggested talking with the Water Department and Conservation Commission about that land. Mr. Penney asked if the Recreation Department might be interested in some of the land for playing fields. Mr. Maloon said grading it would be difficult; Mr. French said there would be no parking. Public Comment Theresa Anderson, 18 Partridge Lane, asked if the drainage system would handle large storms. Mr. French said Mr. Maloon's plan is to move the drainagaway from the existing abutters; he said the town engineer would review that ppi ly�r. Maloon said he proposes to loam and seed the drainage area, The cul de sa�C tir rnage area would have a culvert with a headwall and stone rip rap. Mr. Maloon sa*.157ihe h x tters should get less water than they do now. Mr. Penney noted there will ,N be 10 foot11vlhen berm that will help retain the water. Ms. Anderson asked about owner §hip of the ciifide -sac island; Mr. Maloon said that would be the responsibility of th6 homeowner's associl9nt Mr. Burke noted the streets themselves will be public ways ;and maintained by the toW#` b t the pathway between the two subdivisions and the cdl de -sac will,be mamm tae# y the X N homeowner's association. Peter Leston, 576 Elm Street, asked rfithe cluster design rs defPnate. Mr. French explained the way to establish the number of lots that could b" t-#tt is to prepare a traditional subdivision plan As an altert� ive, t� devwloper eau build the same number of lots on the same land with smaller lots r dfmo -e open space Mr. Leston said he doesn't like cluster housing and doesn't thi yit is advat�l eous to the town. He said if the cul -de -sac island tsYnot marnY fined, it wi verflow and cause drainage problems for the existing neighbors and maintenance proble- s;, or the town. Mr. Maloon said the cul- de -sac island is 300 feet a ossr` _,_ _ Mr MacDonald edGal out" nforcement with homeowner's associations. Mr. Burke said, ecial perm t,6614ld requr. things like regular maintenance, reports to the town enger,_ ertification ofl iaintenai me and capacity. If the homeowner's association does not compl }tZ�l�e building rn,��ector`tvould issue an enforcement order; if the issue is still not resolved; ho,k�wn can the association to court. Mr. French asked rf:_pplicant controls all of the lots in the proposed subdivision. Mr. :_- . Feck said the two lot rth occupied houses on Camden Lane would not be part of the association. The remaining lots on Camden Lane and all the lots in Rolling Fields Village would be part of the association. Frank Ascoli, 9 Camden Lane, said about 30 abutters met with Stan Feck on the site and he said he likes the idea of the path between the two subdivisions and the idea of the open space. He said the Partridge Lane residents' concerns have to be addressed. John Boyle, 15 Partridge Lane, said there are well heads on both sides of the river. He said he gets a lot of water on his property during large storms. He said he likes cluster Planning Board 4 3/1/2012 housing because it leaves open space. He asked if the drainage swale issue, which was required by court order, has been settled. He said the site has been graded, but the Conservation Commission enforcement issue has not been settled. Mr. Boyle said he likes the idea of the town owning the open space and asked that it be kept in its natural state and not developed. I-Ie asked if the town would ever develop the land for access to that side of the well, in addition to access from Gilbert Street. James St. Don, 483 Elm Street, said the development of this area has been going on for 30 years. He said if more houses are built in this area, the septic systems could leak into the town well. He said this site is too low to build houses and se ic'systems. Ian McKay, 3 Partridge Lane, asked what provisions space on the north side remains open space. Mr. Fre require it to remain undeveloped in perpetuity, regal Mr. St. Don asked if the roadway would be proposed to be a public way, so the town w Mr. Maloon said about four feet of fill will be for the houses..__ Mr. McKay asked if the open space ab he doesn't have any plans to cut or fill m place to ensure the open the special permit will who owns N Mr. French said =the street is tat to use. the road and about five feet bed }egraded. Mr. Maloon said ,,grading for the pipe and rip rap. I-Ie said he proposes f loagr and seed lfiaf area andA& it go. Frank Fleck, 7 Patrfctd&*Lane, said he is concerned about this development either resulting in more water m hid c�Iat br dtamingrs� much water from the neighborhood his well goes dry He asked tvhelr the fill =wogl�me from. Mr. French said if a special permit is_granted, itcarrddr�esse type of fill that torrid be used for this site. Shawn )'arks, 18 Par4ude bane, assed about natural gas. Mr. Feck said he does not plan to run a ga ltne, but the houses w uld probably use propane tanks. Mr. Parks asked if the addition�of a?gas line wald impact the drainage; Mr. Feck said it would not. Dan DiSimone, I1�Partridge Lane, asked who would be responsible if the existing neighbors start getting water in their basements. Mr. French said the town engineer will work with Mr. Maloon to ensure the drainage system will work. Mr. French said the plans will have to be revised with the town engineer and the Board of Health will review them. I-Ie said the septic systems will have to be designed to Title V standards. Board Comment Mr. McClanahan said he understands the neighbors' concerns about water and about the town's well site. Planning Board 5 3/1/2012 Mr. Cleary asked if the Water Department would address the flow of water toward the wells. Mr. Burke said it would not. Mr. Burke noted the Conservation Commission would review this plan and look at things like the materials used to salt the roadway. Motion: To continue the public hearing to March 28, 2012 at 7:45 p.m. (McClanahan- Penney) All in favor, PASSES Attorney Ed Valanzola, Joe Mulkern and Adam Stein, Winn distributed a conceptual plan. f Attorney Valanzola said he would like to get some I warrant articles for the redevelopment of 150 Oakla Chocolate Factory. He explained the proposal is J6 Reuse, and the Schedule of Principal Use Regul4tto Industrial 2 zone, only in buildings over 2,000 sqi 1953 as a special permit in accordance with Section Multiple residence is not currently allowed in the I2 reviewed under Section 5.5. Attorney�Malanzola said this properties in town. eeaoa q,� on potent rid Street, the fin_ e amend Section 3.7.' us to a1Low multiple ITAM town meeting Building �e in the before r Building Reuse. special permit would be I impact only a few Mr. McClanahan said the plan submitted ft ws aparthlefits With between one and three bedrooms, which is not, hat th6 developer I d the board he planned to build at the last meeting. Mr. McClanahan said Ifc doesn't tAk % the town should change industrial land to residential. Mr �alanzola sard�there is no zon,urg change proposed; this property would still be zoned Industrtat 2 and o residential use would require a special permit. He said he thinks the r@Wcntralatsa will be l6"trusive than an industrial use. Mr bola expla ni adimr Development specializes in historic renovations and it 7 hol s oir =to and manages therproperties it develops. Mr. Ragazzo asked if it is Winn's intention t qtr aintain this a residential rental property. Mr. Stein said it is, and explained Winn )zoth devel�s and manages properties. Mr. Ragazzo asked how many buildings in W nn'S, olds gs have been converted from rentals to condominiums; Mr. Stein said it rs less 0 o. Mr. Ragazzo said there will be real estate income from this redevelopment, butt 'ere will also be more town services demanded with a residential use. Mr. Stein said the property's value will be the same for 109 rental units or 109 condominium units. Mr. Ragazzo asked about the demand for renting this development; Mr. Stein said this will be a unique development that will have a strong demand. Mr. MacDonald asked how this development would be marketed - market rate, affordable, mixed? Mr. Stein said it is Winn's intent is to market this as a mixed- income development. Mr. French asked if there is an affordable component required as part of the federal loans; Mr. Stein said there is a requirement for a 20% affordable requirement. Planning Board 6 3/1/2012 Mr. Oreste said the proposed amendment would soften Section 3.7.1 and he would be concerned about opening it up to interpretation and potential litigation. Mr. Valanzola said the amendment would not affect a permitted use in an older building, it would only apply if the use is not allowed, and would require a Planning Board special permit. Mr. Oreste said right now, this site does not conform to Section 3.7.1. Mr. Burke said with Planning Board review under Section 5.5, there would be a much higher standard. Mr. French said this amendment only addresses changes to the existing building, and doesn't change the zoning on the entire property. Mr. Cleary asked if mixed use should be allowed in a building .`e fli§s. Mr. Valanzola said that might be a good option. Mr. French asked if allow .,rtg rises with a special permit that are not allowed in the underlying district might be piolematle. Mr. Burke said special permit uses are allowed in many zones, and this we uld be iulogous. Mr. Penney said he disagrees with Mr. Valanzola tliat manufacturing v7r(l trot come back and he would hate to see the town lose the jobs an yidushial tenant would f NJ He said there have been a number of multiple residence dovelQpma1 built in the Q ew years that have had trouble being rented. Mr. Valanzola sar`hedoesn't think manufacturing will come back to this site. Mr. Penney said this is the'] g4; sit Industrial 2 area in town. Mr. Mulkern said the reason the choelate factory left w s because of labor costs and he doesn't think manufacturing will come back t4 tlr�t site. Hes4id�lhere already is a lot of vacant industrial space in town. Mr. Valarzola not�d;Y its prop6sal does not involve a zoning change; the land will remain Mr. Oreste asked if these is a Ptm B, Mr. St61h said his company's plan is some kind of multi - family residetttral use. Mt }vlcClanahan_� sk d what would happen on the remaining land and if Wmh,plahs to build more apartments. Mr. Stein said the current plan is to revitalize-the existing building, ands hat happens next would depend on its success , Mf: French asked whafother residential uses are allowed in the Industrial 2 zone.,.,, r. Valanzola s�1d tbere are hq. other residential uses allowed in I2; this zoning by- law£amendment only apPhes to the existing building. Additional buildings on this site would nofl e allowed wittiq t a zoning change. Mr. Valanzola §aid;he would have more information for the public hearing and for Town Meeting. He said �le,thr. ks this is a good opportunity and believes Winn is a top -notch company. 1 Mr. Penney asked if the board's town money from the parking enterprise account to Rind the train station access design are viable. Mr. Burke said he has spoken with the town manager, who said the Finance Committee does not support the articles. Mr. Penney said this is a long -term project and has to begin sometime. Planning Board 7 3/1/2012 Mr. Penney asked how much money is in the parking enterprise account. Mr. Burke said there is close to $800,000. He said he has not seen a draft warrant, so he doesn't know if there are other proposals to use money from that account. Mr. Penney said the Planning Board has to sell the articles prior to town meeting. Mr. French suggested proposing only the article for the transfer of money at this time, rather than both. Mr. Penney said the commuters put the money into this account, so it should be used to provide them with improved service. Consensus was to submit only the transfer of funds article for Mr. Penney suggested $200,000 rather than $300,000. Mr. B wouldn't be enough for 25% design, but would be enough to product to bring to SRPEDD for application to the TIP. lY1r a number of studies done in this area and that information -Go suggested leaving the number at $300,000. Mr. Bu }}•ke sadia to get on the TIP, but it would help the project ri5, the top. $250,000 and meeting with the Finance Co ,I and pb s of Town Meeting. Mr. French said $200,000 would 1�e enoi product to show Town Meeting. Motion: To present the following To see if the Town will vote to allow a existing Commuter Parking Enterprise A Improvement Accountitfi` �r to fund a to upgrade the existng patkin`g los by n The design plans sa11 atkempt Yeduce the train station whi izng the jm The snecifiastens =to comnleteythts ntoee the Annlel Town Meeting. A- urk - -satd that probably F--r bind consensus and have a Perine.Y said there have been uId bused. Mr. Cleary 25% d'esA -0s not required Mr. Perin @ysuggested bly amending ifianthe floor lto get started and have a of $200,000.00 from the ceount "tb estab1is_h1 Commuter Rail Access finattlesign and -the preparation of design plans 1�.,. aproving access to and from the train station. the trafliic�congestion on all roads surrounding pact owflie adjacent residential neighborhoods. ss-di include: while protecting the integrity of the adjacent 2. Pi-' Aring traffic ddtsi n plafis for public review; 3. Placing She selectedesign as a project on the Regional Transportation ImprovCnrit Plan,l. IP); and 4. Applying fob anyavailable state and federal grants to help fund the implemetttattbn of the design plans. (Penney- MacDonald) All in favor. PASSES The explanation to town meeting will include both the amount in the parking enterprise account, how much that account earns annually and what has been expended. Mr. Burke distributed a DHCD spreadsheet identifying the Chapter 40B developments in town, the number of units in each and the town's affordable housing percentage (10.82 %). Mr. Burke explained Mansfield gets HUD funding through the HOME Planning Board 311!2012 Consortium; four of Mansfield's recently constructed affordable units have been built through this program. Mr. MacDonald said CIP will be meeting on March 13 to discuss emergency funding for the back wall at the high school gymnasium. The estimate is $400,000. Mr. Cleary asked about developers who owe the town affordable units. Mr. Burke said there are two; Mr. Feck has one lot under covenant on Camden Lane and Mr. DiMascio has one lot under covenant in Autumn Park. The developers will not be able to sell those lots until they provide an affordable unit somehow. He said there ge a couple of approved subdivisions that have not begun, but which will regtli�affordable units. Motion: To adjourn at 10:45 p.m. (McClanahan- Next meeting: March 14,2012.4f1:00 p.m. I "( Planning Board 9 311/2012