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HomeMy WebLinkAboutPLANNINGbrd_3282012Planning Board Minutes March 28, 2012 �r: l Present: Tom French, Chair, Michael McClanahan, Tony Jodice, Don Cleary._,� Alternates: Ralph Penney, Rod Oreste f• C' (�E Shaun P. Burke, Director of Planning and Development; Jennifer Davis, AdmiMdr�ogej :> 11. Secretary 03 er at 7:00 p.m. Motion: To appoint Mr. Oreste Acting Clerk (McClanahan - Penney) All in favor. PASSES f -xn� 11 2. Correspondence 1. March 14, 2012 minutes Motion: To approve as amended (Jodice-Penney) Five in favor. One abstention. PASSES 2. ZBA Application — Finding - 536 North Main Street — Front and Side Yard Setbacks - Eagan. Mr. Burke explained the application seeks to remove the existing deck and replace it with a second means of egress from the second floor. The house is pre- existing, non - conforming, and the new deck and stairs will decrease the intrusion into the setback. Mr. Burke suggested a positive recommendation on the finding. Motion: To send the ZBA a positive recommendation because the alterations will reduce the encroachment into the setback. (Penney - Oreste) All in favor. PASSES 3. ZBA Application — Variance — 2 -4 North Main Street — Floor Area Ratio - Crugnale The applicant has used a number of the available density bonus items to reduce the floor area ratio, but it still over on the maximum floor area ratio by 5,963 feet. Mr. Cleary noted the math used to calculate the bonus items is incorrect, so the applicant actually has .875 rather than the .8 stated in the application. It is still over the allowed floor area ratio, but it is a bit closer to conforming. The application discusses the hardship to the shape of the lot after several North Main Street land takings. Mr. Jodice said one less unit could be built without the need for a variance. Motion: To send the ZBA a negative recommendation (Jodice - McClanahan) Mr. French said he thinks this is a reasonable project, especially given how long the site has been vacant. Mr. McClanahan said the current owner bought the building long after the land takings changed the shape of the lot, so claiming that as a hardship is a stretch. Mr. Jodice said there could be compromise by the seller, the developer or the town, and he didn't think the town should be the party to compromise. Mr. Oreste said the board may want to consider what could happen on this site if the variance request is denied. He said this appears to be a good plan and asked if there would be any detriment to the neighborhood if the variance is granted. Planning Board 1 4/4/2012 Mr. Penney said the town's regulations are not "one size fits all" and may not all work on all projects. Mr. Jodice asked how the Zoning By -Law defines a hardship. Mr. Burke said the statute mentions a financial hardship, but the Zoning By -Law does not; it only talks about constraints to the land. Two in favor. Three opposed. One abstention. FAILS Motion: To send the Zoning Board of Appeals a positive recommendation (Cleary - Oreste) Three in favor. Two opposed. One abstention. PASSES 4. Public Hearing notices — Attleboro, Sharon 5. The Beacon The clerk read the public hearing notice. Mr. French explained how the public hearing would be continued. Ralph Maloon, RIM Engineering, explained the plan for a 10 -lot traditional subdivision off Branch Street abutting the former railroad tracks (the current bike path) to the east. Mr. Maloon explained the site is almost entirely an open field. Mr. Maloon said the drainage will be picked up and brought to a swale, then to a retention area. The site will be connected to water and sewer and has some wetlands. Mr. Maloon explained the proposal to pull Branch Street in for the entrance to the subdivision and block off another portion of Branch Street, and to bend the bike path to get it away from the entrance roadway. He said the Police and Engineering Departments are not in favor of that plan. Mr. Maloon explained the new roadway will be filled about 2.5 feet, He said the soils are excellent, but the groundwater is very high. Department Head Comments The clerk read a memo from Engineering. Mr. Maloon said he may have to change the proposed wetland retention area based on Mr. Alves's comments. Mr. Maloon presented several alternative plans for the entrance turning radius, showing a truck attempting to make the turn with each radius. He said the radius could be made smaller so drivers would be forced to slow down when entering the site. The clerk read memos from the Police, Electric, Planning, Conservation and Fire Departments. Planning Board 2 4/4/2012 Mr. Maloon said the wetland lines were delineated about four years ago and are shown on the plan. Mr. French asked about Mr. Burke's suggestion for the intersection of Branch Street and the new roadway. Mr. Burke said his suggestion is to tighten the radius from Branch Street onto Lincoln Road. He said lie is concerned southbound traffic on Branch Street taking a right into this site not having to slow down with the 40 -foot radius. He said the vehicle speed entering the site should be reduced for the safety of both the residents and bike path users. Mr. French said he thinks the radius on the south side could be reduced, but was concerned about emergency vehicles making the turn into a reduced radius turn on the north side of the site. Mr. Burke said his suggestion would make the radius similar to downtown intersections, which emergency vehicles are able to negotiate. He said the Subdivision Regulations require such a large turning radius on new subdivisions, resulting in such good sight distance, drivers can see in both directions without having to stop or in some cases, slow down. Mr. Cleary suggested speed bumps; Mr. Burke said he wouldn't suggest speed bumps, but different pavement treatments may be useful. Mr. Penney asked how other bike path grade crossings are dealt with; Mr. Burke said there are crosswalks and stop signs on the bike path and flashing lights on the street. Mr. Burke suggested keeping the bike path in its current location and looping it through the subdivision. Mr. Penney thinks the long, straight bike path is a good thing and he wouldn't want it to curve. Mr. Penney suggested having Lincoln Road meet Branch Street at a 90- degree angle in the middle of the triangular- shaped property and moving the bike path about 100 feet to avoid it meeting in the intersection. Mr. Penney said moving it 40 feet would keep it in the bike path right -of -way. Mr. Maloon said that right -of -way is about 60 feet wide. Mr. Burke said moving the proposed roadway would result in less sight distance than originally proposed. He said that would also put the new traffic in front of Mr. Nicodemus's house. Public Comment Mike Elliot, 248 Branch Street, asked about drainage and possible flooding. Mr. Maloon said the water from this site will flow away from Mr. Elliot's side of the street and be carried as far away as possible. Aaron Nicodemus, 245 Branch Street, said his house is at the corner of the proposed subdivision roadway and he is concerned about losing his frontage. He said his frontage is on a dirt part of Branch Street, but with this plan, his only frontage will be the width of his driveway and the rest of his existing frontage will be within in the new road. Mr. Burke said if that portion of Branch Street were discontinued by the town, which is not part of the plan, Mr. Nicodemus's frontage would be lost. He said he wouldn't want Planning Board 3 4/4/2012 subdivision residents to use the gravel road in front of Mr. Nicodemus's house as a short cut, so something will have to be done. Mr. Nicodemus said he does not want that dirt portion of Branch Street to become the entrance to the subdivision. Mr. Penney suggested Mr. Nicodemus work with the applicant about either keeping his existing frontage or getting new frontage on the new road. Mr. Nicodemus said he does not want to end up living on a paper street with his only frontage being the width of his driveway. Mr. Nicodenms said he is concerned the dirt section of Branch Street in front of his house is constantly flooded, but does not currently impact his property. He said he would like to be assured the drainage system will pull the water away from his property. Mr. Maloon said there will be a catch basin at Mr. Nicodemus's driveway and another on the other side of the street; the water will all be brought to a manhole and to the drainage easement. The water will be run parallel to the former railroad track. Mr. Maloon said the existing drainage problem on the dirt section of Branch Street will be improved with his plan. He said high groundwater is only about three feet below Branch Street at that point. The bottom of the basin is 131 and the area in front of Mr. Nicodemus's house is 139; the high point of the wetland will be 134. Mr. Nicodemus said the sewer main appears to stop 150 feet from his property and asked if it would have to loop through. Mr. Maloon said he could try to run the sewer toward Mr. Nicodemus's property. Mr. Burke said the town doesn't want individual homes tied into the interceptor; Mr. Maloon said it could tie in to another manhole and avoid the interceptor. Kenneth Morse, property owner, said the dirt section of Branch Street is in terrible condition and has not been maintained by the town, which is why the water pools there. Dawn Lowe, 180 Branch Street, said she is concerned about the additional 90 daily vehicle trips and the speed at which traffic travels. She said there are no sidewalks on her portion of Branch Street, and safety for that part of the street is as important as safety at the bike path. Board Comment Mr. Penney said he thinks the paramount issues are crossing the bike path, tying in Mr. Nicodemus's driveway and connecting with Branch Street as seamlessly as possible. He asked why the sidewalk ends where it does; Mr. Maloon said the sidewalk on the easterly side joins the bike path sidewalk. Mr. Penney asked about the reason for the guardrails; Mr. Maloon said they are intended to keep people on the bike path and to continue the guardrails on Branch Street. Mr. Penney said he doesn't think all the guardrails shown on the plan are necessary. Mr. Penney noted the retention basin doesn't have an outlet. Mr. Maloon said he wants to keep water in the basin, but asked if a fence would be required. Mr. Burke said the regulations would require a fence. Mr. Penney asked if the basin could be made larger and more shallow. Mr. Penney said basins breed mosquitoes, collect trash and the fences are not maintained. Mr. Burke asked why a lower area, near the brook, was chosen for Planning Board 4 4/412012 the basin. Mr. Maloon said that area is only about one foot lower, so he wouldn't gain anything. Mr. Penney asked if looping the water main would involve crossing the interceptor. Mr. Burke said he would like to see the water main looped, which would result in better flow and additional fire protection. Mr. Penney said the town is proud of the bike path and it is an asset that should be preserved. He asked about raising the bike path; Mr. Burke said it could be raised four to six inches with a different pavement color to make it more visible to drivers. Mr. Burke suggested a meeting with public safety and Mr. Maloon. Mr. Jodice said his main issues are with the bike path and sight lines. He said coming from East Street, turning onto Branch Street, then into this property across the bike path could cause safety issues. Mr. Jodice said the proposed roadway location is a bad spot. Mr. Cleary asked about the "remaining land." Mr. Maloon said he expects that will go with Lot 5. Mr. French asked who would own the basin. Mr. Maloon said it would go to the town as part of the roadway. Mr. Cleary asked about compliance with the inclusionary housing by -law. Mr. Burke said the applicant will have to provide a written proposal. Mr. Oreste said he is concerned about the bike path and potential danger at the new intersection. Mr. McClanahan said the applicant has a number of issues to work out before the next meeting, with both town staff and abutters. Mr. Cleary suggested limiting hours of construction operations Motion: To continue the public hearing to May 9, 2012 at 7:30 p.m. (Cleary- Penney) All in favor. PASSES 5. Special Permit Cluster Subdivision Public Hearing continued — Rolling rields - 16 Lots off Elm iStreet/Camden Lane — reek/Walsh Michael Feck. Christian and Feck. LLC. exnlained the revised plans. I-Ie said there had been a concern about who would own, maintain and use Open Space A and said they plan to donate it to the Natural Resources Trust. The pathway between Camden Lane and the new subdivision has been eliminated and they will grant an easement to the NRT for access. Mr. Feck said Open Space B will be given to the town as part of the drainage system. He said they do not want to have a homeowner's association, which he feels ( would devalue the property. He said they are thinking of changing the plan from a Planning Board 5 4/4/2012 residential cluster to a traditional subdivision, but said he feels the cluster is more beneficial to the town, and Camden Lane should probably have been a cluster. He said he would like to get votes on the waiver requests tonight. Ralph Maloon, RIM Engineering, explained the changes to the detention area. The stormwater will be run into three four -bays, large enough to hold one -year storm, through a water protection barrier and into the retention area. I-Ie is proposing a wetland in the retention area, which will help clean the water before it flows toward the well. The proposed road elevation is at 126 all the way around, and the retention area will hold the 100 -year storm at 120. Mr. Maloon said he also did a calculation with frozen ground, and the 100 -year storm will fit at elevation 123. Mr. French said the drain collecting the runoff from the neighbor's property has an invert of 120.5 and drains into the middle infield area. He asked how high the water could build up between the existing and new houses before it flows to the back. Mr. Maloon said it could eventually flow out; Mr. French suggested an emergency overflow so the water wouldn't be more than 122. Mr. Maloon said he could do that. Mr. French said that would take care of a lot of the neighbor's flooding concerns. Mr. Maloon said he could add a swale and grade it to 122, so the water wouldn't get any higher than that elevation. Mr. Maloon said the issue with Conservation has been resolved and they are waiting for an inspection. Mr. Feck said they will donate the money for open space signage to the NRT, and the NRT will install the signage. Lou Andrews, NRT, said they have been talking with the landowner and feel the land is worth protecting because of the vernal pool and proximity to the well. He said the NRT's board of directors has not seen the plans yet, so they have no agreement with the landowner at this point. Mr. French asked if there will still be a connection between the new subdivision and Camden Lane; Mr. Maloon said there will still be a loop between the two. Mr. Maloon said the wetland area may have to be revised based on the town engineer's March 28, 2012 memorandum. Department Head Comments The clerk read Mr. Alves' March 28 memo; March 22, 2012 letter from Christian & Feck, LLC regarding the open space being donated to the NRT; March 22, 2012 letter from Christian & Feck regarding the homeowner's association and drainage area maintenance; March 22, 2012 letter from Christian & Feck regarding inclusionary housing by -law compliance; March 22, 2012 regarding the Conservation Commission Enforcement Order; March 21, 2012 from RIM Engineering in response to Mr. Burke's Planning Board 6 4/4/2012 memorandum; March 21, 2012 letter from RIM re: cul -de -sac landscaping and planting; June 22, 2006 memo from the Board of Selectmen regarding gravel pit restoration. Mr. Burke explained there was a Conservation Commission enforcement order on this site; Mr. Feck said the work has been completed and they are waiting for it to be inspected. Public Comment James St. Don, 483 Elm Street, said lie understands the site will be developed, but wants it done right. He said the cluster subdivision should not be developed and the lots should be two acres. Mr. St. Don distributed a May 24, 1995 memorandum from Health Agent Scott Leite regarding a previously denied subdivision on this site. Mr. St. Don said drainage calculations, an environmental impact study and a hydraulic study should be done. Mr. Burke said Title V regulations have changed since this memorandum was written. Mr. Maloon said current Title V requires 440 gpd and 10,000 square feet per bedroom. Mr. St. Don asked how the issues brought up in this memorandum should be addressed. Mr. Burke said Title V has changed, the size of the subdivision has changed significantly from what was submitted the first time, and many of the questions brought up in the memo are Board of Health issues. Mr. Burke said he would send a copy of the memo to the Board of Health and request their comment. Mr. Cleary asked if the Water Department has any concerns about these issues. Mr. Burke said well filtering systems have changed, but he does not know if they would remove things like nitrates. Pete Lestan, 576 Elm Street, asked the elevation of the pipe near Partridge Lane; Mr. Maloon said the invert is 120.5. Mr. Lestan said with frozen ground, the water will overflow. Mr. Maloon said there could be 2.5 feet of puddling. Mr. Lestan said there is a swale going toward the river, and the groundwater naturally flows toward the river. He asked if the swale would increase the speed at which the groundwater moves. Mr. Maloon said they will follow Title V, which means the water will be clean. Mr. Maloon said he could add a swale at the overflow. John Boyle, 15 Partridge Lane, asked what would be done to eliminate the existing flooding problems and who would maintain the road and drainage if there is no homeowner's association. Mr. Burke explained the town would own and maintain the road and drainage. Mr. Boyle asked if the town could build a road through the open space; Mr. Burke said it could not be if the NRT owns the open space. Mr. Boyle asked how the town would access the wells from Elm Street; Mr. Burke said if that was necessary, the town would have to negotiate an access agreement with the NRT. If the NRT won't let the town have access, the town would not be able to get to the wells from the Elm Street side. Mr. Boyle asked who the residents would contact if there are flooding issues. Mr. Burke said residents would call the Department of Public Works. Planning Board 7 4/4/2012 Mr. Burke said about one third of the site drains to the corner near Mr. Boyle's house now, and when the road is built, a large area of that water will be interrupted and picked up by the roadway drainage system. The catch basin will help collect more water. Board Comment Mr. Penney notified the board his company has had a number of dealings with the applicant. He asked the applicant if he would like Mr. Penney to abstain from the discussions. Mr. Feck said he does not have a problem with Mr. Penney participating. Mr. Penney asked how much the grade would come up. Mr. Maloon said it varies from no fill to three feet or four feet. Mr. Penney asked the maximum groundwater elevation on the lots; Mr. Maloon said groundwater is highest on Lot I at 120. He said the overflow would be at 122. Mr. Penney said that could cause water problems at the new houses. Mr. Maloon said the groundwater level changes throughout the site. Mr. Penney said this is a relatively flat site and he is concerned about the drainage. Mr. Jodice asked who would maintain the connecting footpath. Mr. Feck said the original footpath between the subdivisions will be eliminated, and NRT will maintain the easement on the open space. Mr. Jodice asked if there would be 16 homes in a conventional subdivision. Mr. Feck said there would be. Mr. Jodice said the location of the inclusionary housing by -law units will have to be approved by the Planning Board. Mr. Feck said they are reserving two lots in the subdivision for those units, but they would like to relocate them to another site. Mr. Burke said as long as the lots are under covenant, they could not be sold. He said he agrees with Mr. Jodice that the board should know which lots, either on or off site, will be included prior to the final decision. Mr. Cleary asked if DPW would need access to the headwall if the town will be maintaining it. Mr. Maloon said he will have to put an easement there. Mr. Cleary said he is also concerned about the affordable units. Mr. Cleary said the cul -de -sac is a small area for a homeowner's association to maintain. Mr. Feck said he has had three deals fall through recently because the houses were part of homeowner's associations. Theresa Anderson, 3 Partridge Lane, said she is a realtor and agrees with Mr. Feck that homeowner's associations can cause problems. Chris Skepis said he is looking at a house in this subdivision but will not buy if there is a homeowner's association. Planning Board 8 4/4/2012 Mr. Feck said this is going to be a public way, and the drainage system is in the roadway, so the town should own it as well. Mr. Jodice asked about having DPW look at this plan and the conventional subdivision with regard to the difference in maintenance costs. Mr. Maloon said the drainage for a conventional subdivision would have to be underground rather than in basins, which the town engineer did not want. Mr. Jodice said the bigger lots required in a traditional subdivision would bring in higher taxes. Mr. Penney said the homeowners would have a vested interest in keeping the open space clear, and the town may not maintain it to the homeowner's satisfaction. Mr. Oreste said drainage is a major issue. I-Ie suggested looking at the emergency overflow to see if it will increase the success of the plan, as well as access to the wells. Mr. McClanahan said Mr. Maloon should meet with Mr. Alves to work out the drainage issues. Mr. Burke agreed. Mr. Burke said the overflow will go into a Swale, which will direct the water away from the abutters, and the town engineer will verify the design will work, which should address Mr. Boyle's concerns. Motion: To continue the public hearing to May 23, 2012 at 7:30 p.m. (Permey- Jodice) All in favor. PASSES 3. Form A (ANR) Plans Gilbert Street — Cook - The plan seeks to separate the existing house at 420 Gilbert Street (Lot B) into a 60,560 square foot lot with 213.13 feet of frontage, from the remaining land, Lots A and C. Lots A and C have 439,192 square feet with 50.01 feet of frontage on Gilbert Street. The ZBA granted a frontage variance for Lot C in November 2011. A new house will be built on Lot C, with Lot A used as its driveway. Mr. Burke said this plan warrants endorsement. Motion: To endorse the ANR Plan (McClanahan- Jodice) All in favor. PASSES Gilbert Street — Paglia — The plan seeks to create three lots with sufficient area and frontage on Gilbert Street. This land is part of the "Gilbert Park" subdivision, approved in 2006. Mr. Burke said this plan warrants endorsement. Motion: To endorse the ANR Plan (McClanahan - Cleary) Five in favor. Jodice abstained. PASSES 6. Public Comment 7. Around the Table Planning Board 9 4/4/2012 Mr. French said he has spoken with the Board of Selectmen about the Planning Board's article to request funds fi•om the Parking Enterprise Account for train station improvements. He said the Board of Selectmen suggested the board's article be amended to add "access to and from train station parking lots" to clarify the board's intentions. He said the Board of Selectmen voted to support4he amende- article 3 -1 -1. Mr. Penney asked what other funding might be available if the board's article is unsuccessful. Mr. Burke said the CEDS program, which focuses on transportation issues, is a likely source of funding. He said he has a meeting with SRPEDD next week to talk about possible CEDS funding for Mansfield. Mr. Jodice suggested the Subdivision Regulations should be amended to address the cape cod berm question. Mr. Burke said DPW wants the regulations changed to require five inches of pavement. Mr. McClanahan noted that would require a public hearing. Mr. Jodice suggested the board should have guidelines for the affordable housing requirement and said he would put something together. Motion: To adjourn at 11:00 p.m. (McClanahan- Penney) All in favor. PASSES Next meeting: April 11, 2012 at 7:00 p.m. Annual Town Meeting: 'Signature of Clerk Tuesday, April 24, 2012 _ _ t Date of Approval Planning Board 10 4/4/2012