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HomeMy WebLinkAboutPLANNINGbrd_11202013Planning Board Minutes November 20, 2013 Present: Toni French, Chair; Beth Ashman - Collins, Clerk; Don Cleary, RalphPQMneYl Nr`yl Collins; Alternates Mike Feck and Rod Oreste Shaun P. Burke, Director of Planning and Development; Jennifer Cr�it� Ddvs,�AaTmlrSishative Secretary 2. Correspon lenee 1. October 2, 2013 minutes Motion: To approve as submitted (Cleary - Collins) Four in favor. French, Penney abstained. PASSES 2. November 6, 2013 Minutes Mr. Penney noted the following: BETA has completed evaluations of "four of the six" options from the RFP; the title of Option 3 should include "and Howe Street;" Mr. Petraglia said doesn't take many cars turning left to back up "westbound traffic" rather than traffic on Chauncy Street; the Planning Department has contact information for many of the train station area residents and businesses Motion: To approve as amended (Feck - Cleary) Five in favor. Collins abstained . PASSES [Mr. Oreste arrived at this time] 3. November 20, 2013 request for release of surety — Lincoln Place /November 20, 2013 memo from Mike Ahern recommending release of $62,916.84 (new balance $233,035.30) Motion: To release $62,916.84 (Ashman- Collins - Cleary) All in favor. PASSES 4. ZBA application for Finding — 22 Glen Street— Adding second story to pre - existing, non- conforming single - family house. Mr. Burke explained that because the house is pre - existing, non- conforming and the footprint is not being expanded, this application is for a finding rather than a variance. Mr. Burke said he does not think the addition of a second story would be more detrimental than the current non - conformity and recommended sending the ZBA a positive recommendation. He said it would be architecturally different than many of the surrounding properties; however, there is a two -story home next to this property. Ms. Collins said the addition will add value to the house. Mr. Penney said the building inspector will make sure the height conforms to the requirements. Motion: To send the ZBA a positive recommendation (Cleary- Oreste) All in favor. PASSES House Bill #1859, "An Act Promoting the Planning and Development of Sustainable Communities." Mr. Burke said the bill is about walkable communities and TOD is part of that. The Mass Boards of Health are supportive of creating more walkable communities by promoting higher densities adjacent to public transportation. Mr. Cleary told the board about an article by Neil Rhein on Green Communities. Mr. Burke said the town is not currently a Green Community; however, the Board of Selectmen voted at its last 11/20/2013 meeting to buy a certain amount of wind energy, so that status may be reconsidered. IIe said another factor in the community's eligibility is the fleet's fuel efficiency. Mr. Penney asked about amending the Zoning By -Law to allow alternative energy production. Mr. Burke said solar panels are allowed by right now in the business park. The board discussed what the town could do to encourage residential solar panels. Ms. Collins said the fundraising sign for the Route 106 mural is still on the North Common and said it may be time to take it down. Mr. French said signs on town -owned property come under the Board of Selectmen and suggested she contact the Town Manager's office. Ms. Ashman- Collins asked about the black asphalt sidewalk outside Town Hall. Mr. Burke said the town typically replaces sidewalks with reinforced concrete, but if something is going to be replaced relatively soon, black asphalt is used. He said it is his understanding that sidewalk will be replaced at the same time the sidewalk is replaced at the project at 2 -4 North Main Street. 3. Form A (ANR) Plans The clerk read the public hearing notice. Mr. French explained how the special permit public hearing would be conducted. Attorney Francis Spillane introduced the applicants, Mr. and Mrs. Benson and Bill Buckley, Bay Colony Engineering Attorney Spillane explained the property is in the R zone and the water resource protection district. The property has been owned by the Dutton family since 1954 and the existing single - family residence will be removed. The proposal is for a four -lot residential development with a 282 -foot long roadway and 3.87 acres of open space; the lots vary from 29,000 to 44,000 square feet. The property will have 51% open space where 2.62 acres of open space is required. Attorney Spillane explained the board saw preliminary plans for this site in 2008, at which point the cluster seemed like the best option. I-Ie said this plan requests several waivers from the roadway requirements. Attorney Spillane explained they have been in touch with the Natural Resources Trust about donating the open space. He said NRT does not seem inclined to take the land because it does not abut any of their properties or waterways. He said they will approach the Conservation Commission, and if the town does not want the land, they will put the open space in a homeowner's association. Mr. Buckley explained he brought the first preliminary plan to the board in March 2008. He returned in May 2008 with preliminary plans for a cluster subdivision and a residential compound, then came back again in December 2008 with a final preliminary plan showing a shorter roadway, smaller cul -de -sac, one sidewalk, curbing on both sides and underground drainage. At the time, board members had asked what the public benefit would be to granting 2 11/20/2013 the waivers and talked about requiring concrete sidewalks with vertical granite curbing, possibly on one side, and about removing the curbing on the east side of the road and using water quality swales and a rain garden. The plan was set aside for a few years because of the economy. Mr. Buckley explained the site is on Winter Street, about 1,500 feet east of Franklin Street. Winter Street is a country road, 20 -22 feet wide, with no underground drainage. The proposed roadway is 20 feet wide with a concrete sidewalk on the west side with vertical granite curbing. The road is pitched instead of crowned, and super- elevated with a grass Swale on the east side. Water would flow down a two -foot wide 5 -1 slope to the end of the roadway and into an intermittent stream to Whiteville Pond. Mr. Buckley said his idea was that rather than creating a big bowl, he would use a berm to hold the water and infiltrate it into the ground. He said the water table is close to the surface and the area naturally infiltrates water now. The area would be grassed, the existing material would be stripped out and mixed with materials to allow infiltration and allow grass to grow, then replaced. The berm will be about four feet high because of the requirements of the stormwater regulations; he said in the worst storm, it should only fill to about three feet. The site will be on town water and the houses will have septic systems. Department Head Comments The clerk read comments from Chris Cox, MMED; Katelyn Merrill, Conservation; Kurt Gaffney, Water Operations Manager; Lt. Don Tebeau, Fire Department Mr. Buckley said he understands the Fire Department's concerns about the width of the roadway, but noted Winter Street is only 20 -22 feet wide. He said the plan shows curbing on one side, so emergency vehicles would be able to park on the other side. Mr. Buckley said he could comply with all Water Department requirements. Mr. Buckley said he has spoken with Mr. Alves and does not think lie will have any problems complying with the Engineering Department's comments. Mr. Buckley said they have not filed with the Conservation Commission yet Public Continent Ed Westhaver, 80 Winter Street, said lie understands the Fire Department's concerns about getting emergency vehicles to the site and asked if a sidewalk is necessary. Mr. Westhaver asked the purpose of the 25 -foot area at the rear of Lots 1, 3 and 4. Mr. French said that would provide additional vegetative buffer for the neighbors, which could not be cut. Mr. Westhaver asked if the hill on Lot 1 will be retained or leveled. Mr. Buckley said it would be up to the owner of that lot, but he has left it in place on the plan. Mr. Westhaver asked if the house locations shown on the plan are fixed. Mr. Buckley said they are not, and the plan shows a box on each lot within which the house would have to be placed. Mr. Westhaver said he is concerned the house on Lot 1, across Winter Street from his house, 11/20/2013 could be built closer to Winter Street than the plan shows. Mr. Buckley said new homeowners would want to access their driveways from Dutton Drive rather than from Winter Street, so would likely place the house closer to the new road. Mr. French asked if that could be made a condition of the special permit. Mr. Burke said it could be. Mr. French asked if the current property owner would be building the subdivision. Mr. Buckley said they will not. Mr. Westhaver asked about the open space being owned by a homeowner's association. Mr. French explained the homeowners would own the open space and it could not be disturbed. Joan Swan, 111 Winter Street, asked if the wetland area would be filled and the trees cut down. Mr. French said that is part of the open space, so it would not be disturbed. Robert Nelson, 251 Franklin Street, asked if the open space would have public access. Mr. French said if it is owned by the homeowner's association, it would not. Mr. Burke said the NRT usually does allow public access. Mr. Nelson said he would be concerned about public access through that property to Whiteville Pond. He said he would like to know the plan for lire disposition of the open space before the board makes a decision. Mr. Burke said there are only three groups that can manage open space; the town, a non- profit land trust or a homeowner's association. Mr. French encouraged the applicant to contact the town and NRT to verify their interest in the land. Mr. Nelson said the lowland wetland feeds into Wlriteville Pond and the Canoe River Aquifer, and said the new impervious surfaces will impact those water bodies. Ms. Ashman - Collins said the regulations require zero off -site impact. Mr. Buckley said the plan has been designed to meet the state's stormwater guidelines. Each house will have a rooftop infiltrator, which is included in the drainage calculations. Cheryl Sauter, 13 Down Lane, asked about the proposed homes. Mr. French said the lots will be built according to the special permit and the homes will have to be built according to the building code. Ms. Sauter asked how the neighbors can be sure the project will not be started and not finished. Mr. Cleary explained the developer would have to post surety to ensure the proper construction of the roadway. Mr. French explained the subdivision approval is good for seven years, but the Planning Board cannot guarantee the houses will be built. Ms. Sauter asked if there is a minimum house size; Mr. Burke said there is not. Mr. Nelson asked if the number of houses allowed relates to the frontage. Mr. Burke said the number of lots is related to the size of the property, not the frontage. Mr. French noted the length of a dead -end road is limited to 650 feet. Board Continent Mr. Feck said he is concerned about the Fire Department's emergency vehicle access continents. Mr. Oreste asked if sidewalks are required in a cluster like this for safety reasons. Mr. French said they are. 4 11/20/2013 Ms. Collins said she likes having a sidewalk on one side and suggested the road be 22 feet wide instead of 20 feet for public safety reasons. She said she likes the shorter street. Mr. Cleary said lie doesn't want to eliminate the sidewalk, but if the board choses to, the road would have to be 24 feet wide for safety. He said he would be comfortable with cape cod berm. Mr. Buckley said the only improvement on Winter Street will be for the water main. Mr. Cleary asked if there is any town -owned land that could be used to widen Winter Street. Mr. Westhaver said that would increase traffic speed. Mr. Cleary asked if Conservation Commission approval is necessary before the Planning Board decision. Mr. French said it is not. Mr. Cleary asked about fill on the site. Mr. Buckley said there would be a cut through the middle of the site and fill brought in for other areas. Mr. Cleary said the waivers requested are inconsistent on the plan sheets. Mr. Buckley said he would take care of that. Ms. Ashman Collins said she likes the way this design tries to minimize pavement. She said she likes the sidewalk on one side, and allowing curbing only on one side would give some leeway to emergency vehicles; she suggested talking with the Fire Department again. Mr. Penney asked who would maintain the infiltration basin. Mr. Buckley said the town would be granted a utility easement to maintain the basin, but the town would not own the area where the basin is located. Mr. Penney asked about the grass swales; Mr. Buckley said they are within the roadway layout, which would be owned by the town. Mr. Penney said Winter Street is very old and needs improvements. He said he is not a proponent of cluster development because the open space doesn't really serve any purpose. He asked what the hardship is for the waivers. Mr. Buckley said there is no hardship. He said he could build a traditional subdivision according to the by -law, but is trying to design a small project to match the neighborhood and minimize environmental impacts the site, which is in the Zone II and an ACEC. He said the main environmental impact is on stornnvater runoff by decreasing the impervious surface; he said they also have to minimize effluent runoff. Mr. Penney said the town has standards for new construction, and doesn't think he agrees the new roadway should be built to match existing Winter Street. I-Ie said he hopes Winter Street will be upgraded someday. Mr. Penney said he is more comfortable than he used to be with cape cod berm, but asked why it is only proposed on one side. Mr. Buckley said because the site is in the Zone II, the water has to be cleaned to 44% total suspended solids removal; with his plan, any solids in the water would settle out in the swale. Mr. Penney asked who would maintain the swales. Mr. Buckley said the town would maintain them, but they would be low maintenance. Mr. Penney said wet basins breed mosquitos; Mr. Buckley said this is designed as a dry basin and should be dry within a few 11/20/2013 hours of a rainstorm. He said the DEP standard is 8.2 inches per hour, but the town requires a mach more conservative number. Mr. Penney asked about underground piping. Mr. Buckley said there is one catch basin on the plan for winter conditions when the swale is clogged. Mr. Burke said this is a good plan for this parcel and is environmentally sensitive. He said four lots is probably the maximum for this site. He said cape cod berm is easiest to mount with a vehicle. He said the sidewalk should go to the third driveway at the end of the cul -de -sac. He said he thinks there will be enough space for emergency vehicles on a 20 foot -wide road. He said he doesn't want a 24 -foot wide roadway and narrower pavement will help protect the wetland and aquifer. He said with less hard infrastructure in the ground, the site will be easier to maintain. He said this is the kind of green, forward - looking plan the board has been discussing. Mr. Burke suggested the board see the revisions to the plans before voting any waivers. Mr. Burke said he is concerned about traffic traveling on Winter Street from the direction of Maple Sheet being able to see and react to a car stopped to turn left into this site. Mr. Westhaver said there would probably be a good view in either direction. Mr. French suggested asking the applicant for a profile from the driveway back. Mr. Burke suggested adding a warning sign on Winter Street. Mr. Cleary asked to check with the Police Department for their comments. Mr. Cleary asked what (lie roadway right -of -way would be; Mr. Buckley said it would be 50 feet. Mr. Burke said the roadway could be offset within the right -of -way. Motion: To continue the public hearing to January 8, 2014 at 7:30 p.m. (Penney- Cleary) All in favor. PASSES 5. Public Con rnent Ms. Collins asked about the meeting with BETA; Mr. French said it was a great meeting. The next meeting will be December 4, 2013 with the Board of Selectmen. Mr. French said BETA looked at a number of options, some of which would work better than others. Mr. Burke said part of BETA's Scope of Services is a public meeting. Ms. Collins said it might be a good idea to meet with DPW soon about their ideas for amendments to the Subdivision Regulations and Zoning By -Law. Mr. Penney said they have to maintain a lot of the things the Planning Board approves, so they should be consulted. Motion: To adjourn at 9:05 p.m. (Pemrey- ) All in favor. PASSES Next Planning Board Meeting: December 4, 2013 at 7:00 p.m. (Joint with BOS in Room 3 a/b) Signature of Clerk -- Date of Approval 11/20/2013