HomeMy WebLinkAboutmin of planning brd 04/26/2006
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Planning Board Minutes y." RKS OFF ICE
April 26, 2006 06 HAY -5 AM II: 37
Present: Tom French, Chair; Fred Armstrong, Clerk; Walter Jenkins, Ken Tonnan, JOM
DeMassi, Doug Annino MANSF I El 0
Shaun P. Burke, Director ofPlannin and Develo ment MASSACHUSETTS
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1. April 12, 2006 minutes
Motion: To approve as submitted (Tonnan-Armstrong) All in favor. PASSES
2. March 1, 2006 minutes
Motion: To approve as submitted (Armstrong-Annino) Five in favor. Tonnan
abstained. PASSES
2. ZBA application for variance - 33 Jewell Street - 4.2.1 side yard setback
Mr. Burke said there is no hardship shown and suggested a negative recommendation.
Mr. French said the addition would have to be put where it makes sense; Mr.
DeMassi said it is proposed at the back of the garage. Mr. Annstrong said there is no
hardship to shape, topography or soils.
Motion: To send the ZBA a negative recommendation because there is no hardship
shown; the lot is not that irregularly shaped and the addition could be relocated.
There is not enough information on the plan to tell where the septic system is or
where the abutting houses are located. (Annstrong-DeMassi) All in favor. PASSES
3. ZBA application for variance - 134 Jewell Street - 4.2.1 front yard setback
The house is on a comer lot and requires 40-foot front and side yard setbacks. Mr.
Burke said there is a drainage easement on this lot, and the house has had flooding
problems. Mr. Annstrong said there is no hardship shown. Mr. Jenkins said the
driveway could be reconfigured to avoid the encroachment. Mr. French said there is
no indication where the septic system is, or if there are any wetlands on the site.
Motion: To send the ZBA a negative recommendation because there is no hardship
shown (Annstrong-DeMassi) All in favor. PASSES
4. ZBA application for variance - 25 Surrey Drive - 4.2.1 rear yard setback
Mr. Jenkins said the abutting properties are shown on the plan, and are far from the
lot in question. Mr. Burke said the house was built awkwardly on the lot, which is
very shallow. Mr. DeMassi said the addition could be reconfigured to avoid the
encroachment.
Motion: To send the ZBA a positive recommendation because the lot is oddly
shaped, because there is plenty of buffer between this house and the houses behind it,
and because the zoning has changed since the house was built.
(Armstrong-Jenkins) All in favor. PASSES
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The clerk read a request from the applicant to continue the public hearing to May 24,
2006 at 7:45 p.m.
Motion: To continue the public hearing to May 24, 2006 at 7:45 p.m.
(Tonnan-DeMassi) All in favor. PASSES
Planning Board
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The cle~kreaAa request from the applicant to continue the public hearing to May 24,
2' 1 T 2006 at'8:OO~p.Ih.
Motion: To continue the public hearing to May 24, 2006 at 8:00 p.m.
(Torman-DeMassi) All in favor. PASSES
Dana Clow, Advanced Concepts Engineering and Randy Miller, owner, thanked the
board for its positive recommendation on their variance, which allowed them to develop
this plan.
Mr. Clow explained this is Phase 2 of the project. Phase 1 was the installation of 20,000
square foot of pavement and a 24-foot high access door, as well as guard rails, drainage
and lighting. Phase 2 will create an area for the storage of empty trailers and roll-off
dumpsters. He explained these are excess units, and will not be used for storage of raw
materials. The site is currently congested with trailers and dumpsters they do not have
room to properly store.
Mr. Clow said the way the by-law is structured, this is considered a parking lot, which
would have to be paved. He said traditional pavement would be damaged by the
dumpsters and trailers that will be stored in this area, so they propose to use reclaimed
asphalt. This would be more stable than gravel, and can be regarded, rerolled and
recompacted periodically. He said water will run off recycled asphalt, though it is
pervious to a degree. To counteract the runoff potential in the area, the original Phase 1
proposal had a flat-graded water quality swale from the paved area to a catch basin to a
sediment basin to the detention basin. The intent was to further slow the discharge of
water from the paved surface. The difference with this plan is that the swale has been
altered in a way to expand the detention facility.
Mr. Clow explained the site was constructed in 1987, and the outlet from the detention
basin can become submerged when Hodges Brook is running fully. The extra storage
will provide a buffer in those conditions. Mr. Clow said the outlet elevation is a matter of
inches; however, he said the system doesn't back up. He said with their surplus of open
space, they can provide the additional buffer for the basin to get all the storage that is
reasonably available. He said the basin is a vegetated wetland; they have worked with
Conservation to clean out the trees growing in that area. He said the bottom of the basin
is at estimated high groundwater level.
Mr. DeMassi asked what would happen in the 100-year storm; Mr. Clow said they cannot
control the outflow because the elevations of the pond and the basin are so similar. They
can only control the storage; he said the recycled asphalt will allow more percolation than
a lawn, but less than a paved surface.
Planning Board
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Mr. DeMassi noted this kind of material was recently used at the Acorn Manufacturing
site on School Street. Mr. Clow said they would probably use a base of% inch material
with a top of about 2 inches of finer material. He said they would have to experiment
with the depth of the material to ensure the least amount of movement. Mr. Clow said
the question is how much of the finer materials are included in each type of mix, and
what will provide the firmest compaction. Mr. DeMassi asked how they would figure out
exactly what to use; Mr. Clow said the asphalt plant would determine that.
Mr. French asked the difference between existing and proposed in the 100-year stonn; he
asked if there will be more volume than pre-development. Mr. Clow said the existing
basin is 18,300 square feet; they are increasing it to 27,600 square feet. He said that
would more than take care of the additional runoff from the newly paved surface. Mr.
Clow said they are planning to grade toward the swale so runoff water has the maximum
distance to travel before it gets back to the pond.
Department Head Comments
The clerk read memos from the Health Agent, Police Department, Conservation and
Engineering. Mr. Clow submitted a memo addressing the Engineering Department's
comments. He said a number of Mr. Alves's comments were about things that were
constructed during Phase 1. He said he has met with Mr. Sullivan about penneability
testing; they had done testing for the swale last year. New testing was done and the
numbers were provided to Engineering today. He said the penneability testing doesn't
have a lot of significance when the site is right next to a water body. Mr. Clow asked that
r the board consider making its final decision an administrative action once Mr. Sullivan's
concerns have been satisfied. Mr. Burke said he has spoken with Mr. Sullivan, who
expects to have an answer by the beginning of next week.
Mr. Clow said they have addressed the Conservation Agent's concerns.
Mr. DeMassi asked how many parking spaces there would be. Mr. Clow said there are
17 spaces at 10'x30' and 18 spaces at lO'x45'. He said the neighboring site also has
trailer storage.
Mr. Burke said this is what he had anticipated when the board during the Phase 1 review
of this project. He suggested that if the only outstanding items are Mr. Sullivan's final
comments, the board could deal with its recommendation as a correspondence item when
the engineering review is completed. He said this is a site where, because it isn't live
parking, the recycled asphalt would be a good material to use. He said this site isn't in a
Zone II or a Water Resource Protection District.
Mr. DeMassi asked about lighting; Mr. Clow said they have 36-foot poles with 400 watt
high pressure sodium lighting, as well as roof mounted lighting.
Motion: To send the Building Inspector of positive recommendation contingent upon
Mr. Sullivan's final approval (Tonnan-Annino) All in favor. PASSES
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Planning Board
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ZBA application for variance - 49 Otis Street - 4.2.1 side yard setback ~
The site is a comer lot and needs 30-foot front and side yard setbacks; the leaching
field is in the middle of the back yard. Mr. Burke said a pool is not the same as a
garage or a pennanent addition to a house and noted the backyard is lower than the
grade of the sidewalk. Mr. Burke said the proposed pool is 22 feet off the street.
Motion: To send the ZBA a positive recommendation
Tonnan-Jenkins) Five in favor. DeMassi opposed. PASSES
7. ZBA application for variance and special permit - 1 Foundry Street
Mr. Burke explained this is the fonner Clemmey Tank site. He said there is
commuter parking with around 100 spaces on a portion of the site; this application
seeks to expand it an additional 100 spaces and for relief from paving, striping,
lighting and landscaping. It is also for a special permit to expand or alter the pre-
existing, non-confonning use. The application states that parking had been a by-right
use and was changed to a special permit use. The town leased this land for commuter
parking until a few years ago, establishing the commercial parking lot use. Mr.
DeMassi said the site is not currently being used for commuter parking; Mr. Burke
said a portion of that site is being used for commuter parking.
Mr. Burke said this situation is similar to the Old Colony Dodge variance, which was
granted for land across from the main location, that had been used as a parking lot;
the owners made the argument that they had always been conducting a sales operation
there and were granted a variance. He said it is also similar to the variance granted to
the Tweeter Center when they bought a new parcel for a parking expansion and called ~
it a pre-existing, non-conforming use.
Mr. DeMassi asked how much of the lot would have had to have been parking to
make this a pre-existing, non-confonning use. Mr. Annstrong said he doesn't have a
problem with the idea of not paving or landscaping, but said that relief would have to
be granted with pennanent vehicles like variances and special permits, which last
forever and run with the land.
Mr. Annino said this would double the intensity of the use. Mr. Burke said the ZBA
would have to consider whether the change would be substantially more detrimental
than the existing situation.
Motion: To send the ZBA a negative recommendation because this would double the
intensity of the pre-existing, non-confonning use; the variances and special pennits
would run with the property forever and could be carried over to subsequent uses;
derogating from the intent of the by-law for landscaping, lighting and drainage will be
a detriment to the abutters, citizens and commuters and sets a dangerous precedent for
redevelopment. While the board agrees with the need for additional parking in this
area, it is concerned about this potentially pennanent solution to what may be a short-
term issue.
(Annino-Armstrong)
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Planning Board
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Mr. Annstrong asked whether a special permit could be made temporary or
renewable.
Mr. DeMassi asked if a new parking lot would have to be permitted by the Board of
Selectmen; Mr. Burke said the board would issue a commercial parking lot license.
All in favor. PASSES
8. SPREDD Delegation Appointment Fonn
Motion: To reappoint Mr. Flynn as the board's representative
(DeMassi- Tonnan) All in favor. PASSES
9. April 26, 2006 letter from John Rendall, CH2MHill re: removal of 500 cubic yards of
surplus material-751 North Main Street
Mr. Burke explained this old industrial site is near the Foxboro town line and abuts a
residential neighborhood. Recently, some of the buildings were being renovated and
others demolished. A number of years ago, the site was dug up for a parking lot and
the dirt stockpiled on site; during the recent site work, the soil was found to be
polluted and the owners want to remove it from the site. They have filed an
application with the Conservation Commission.
Motion: To send the Building Inspector a positive recommendation on the removal
of approximately 500 cubic yards of surplus material with the standard conditions
regarding hours and days of operation, covered loads, possible police detail, street
sweeping. (Annstrong-Tonnan) All in favor. PASSES
Mr. Burke told the board he has met with Home Depot representatives, who told him they
would be completing the remaining improvements on the site because they want a
pennanent certificate of occupancy.
Motion: To adjourn at 9:45 p.m. (Tonnan-DeMassi) All in favor. PASSES
Next meeting: Wednesday, May 3, 2006 at 7:30 p.m.
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Date of Approval
Planning Board
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