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HomeMy WebLinkAboutmin of planning brd 092607 Planning Board Minutes September 26, 2007 r :" ,'" \" , ; ;~ l ;- Jl ,/ ;-, [j - ~.~ '" ,.... .....; ... " , ". " C"\ I " 1"\ 1 ~ ~ ' 07 OCT 16 M.l 8: 46 Present: Doug Annino, Acting Chair; Fred Armstrong, Clerk; Ken Torman, .k.hn.., ~:,l_O DeMassi, Mike McClanahan MAS S f:;., C Ii' J SET T S Altemate(s): Anthony Jodice, Beth Ashman-Collins 1..l.......l\f.tiIlgeaUedt()C)..aerat'7:~()...1Il. Motion: To appoint Mr. Annino acting chair (Torman-McClanahan) All in favor. PASSES The chairman appointed Ms. Collins to participate in the meeting. 12..CortesPQna"nte John Sullivan, Town Engineer and Attorney Ed Valanzola explained the plan to discontinue Old School Street. Mr. Valanzola explained there will be an article on the Special Town Meeting warrant to discontinue the street. Pinnacle Partners would like to combine it with the Willis parcel at the back, and add it all to the 321-339 School Street development, which has already been permitted. Mr. Valanzola said there is a sewer line planned down Old School Street; the Mansfield Crossing contractor has already brought the sewer line to the intersection of School and Old School. If the street is discontinued, Pinnacle will donate additional funds to the town to have the sewer work completed. Mr. McClanahan asked if Mr. Willis is involved in this project. Mr. Valanzola said Pinnacle has an agreement with Mr. Willis to buy his land on Old School Street. Mr. Sullivan said leaving the dead end Old School Street will likely add to the confusion for the traffic going to Mansfield Crossing, and added there doesn't seem to be any useful purpose for the street any longer. He said a 30 foot-wide sewer easement will remain in place. He explained the town obtained an appraisal of $220,000 for the net value of the land, with the town keeping the 30 foot easement along the entire portion of Old School Street. He said even without an agreement with Pinnacle, discontinuing Old School Street would still be advantageous for the town. [Mr. DeMassi arrived at this time] Mr. McClanahan asked what would happen to the existing special permit when the Willis parcel is purchased. Mr. Valanzola explained the special permit would be modified to add two more buildings and more parking. [Mr. Jodice arrived at this time] Mr. Sullivan said town counsel has reviewed the warrant article for discontinuance and his comments have been included in the article. Planning Board 1 10/3/2007 Mr. Valanzola explained Pinnacle has already paid $50,000 to the town under an existing agreement to connect the Gougin property to sewer and another payment of $50,000 will be made if Old School Street is discontinued. In addition, the appraised value of the land would be paid to the town. Mr. Valanzola said there may be some negotiation in determining the appraised value. Motion: To send Town Meeting a positive recommendation on the discontinuance of Old School Street and on obtaining the appraised value, with the money to be used for the sewer line (McClanahan-Armstrong) Mr. Sullivan said there would possibly have to be a public bid. Mr. Valanzola said he didn't think that was necessary because upon the discontinuance, the abutters on either side own to the middle of the roadway, so legally the Gougin and Willis properties would own that land. All in favor. PASSES I. September 12, 2007 minutes Motion: To approve as submitted (Mcclanahan-Armstrong) All in favor. PASSES 2. ZBA application for Finding - 23 Lakeview Avenue Mr. Annino said the plan does not appear to include enough information about the existing non-conformity or about the proposed addition. Mr. Armstrong said the existing non-conformity appears to be with the sideyard setback on the lake side. Motion: To send the ZBA no recommendation because there is insufficient information on the plan and application (Torman-McClanahan) All in favor. PASSES 3. Special Permit Public Hearing - Stanley Village Residential Cluster - S Lots off Bird R()ad The clerk read the public hearing notice. Ralph Maloon, RIM Engineering, explained the plan for a five-lot residential cluster. The site abuts the 300-foot wide power line easement, so the houses were kept as far from that easement as possible. Mr. Maloon showed the board the plan as a traditional subdivision, as well. The lots in the cluster plan are on the right side of the roadway and are reduced in size. The building envelope is shown on each lot; Mr. Maloon said any structures on the properties would have to be within the envelopes. There has been a buffer left between the new houses and Mary Dee Lane. Mr. Maloon explained the topographical plan. The land sheds downhill toward the cul- de-sac and to the wetland area. There is a proposed retention area off the back of the cul- de-sac. The drainage area will have an emergency overflow and will be 100 feet from the property line. However, Mr. Sullivan's memo notes the drainage area is not 100 feet from the subdivision line; Mr. Maloon noted that abutting land is owned by this applicant. Planning Board 2 9/28/2007 Mr. Maloon said the cul-de-sac will be planted. The entrance will have a masonry stone wall with plantings. Mr. Maloon said they will be requesting waivers to allow 20-foot paved road rather than 24 feet; sloped granite curbing instead of vertical; sidewalk on one side because the houses are only on one side. There has been a revision to the cross section on Sheet 7; regulations call for a 3/8" rise and Mr. Maloon said he didn't see the need for it on that side, so it is proposed to slope toward the power line easement. Mr. McClanahan asked if the flow will go toward the Valanzola and Dowd properties; Mr. Maloon said that land starts going back uphill. Mr. DeMassi asked if more water would be moving toward those properties. Mr. Maloon said it would not; it would be kept on site and put into the ground. Department Head Comments The clerk read memos from the Conservation, Water, Police, Electric and Engineering Departments. 4..SpeeialiPel'lllitPlI~Ii~B1earing~oldi..1I~....Z"9,Z$7,>295.Seb()()IStreet --Mixed RetaillRestaurant DevelOPlIlent...iHeebt l)ev4'lopm.,nt The clerk read a request from the applicant to continue the public hearing to October 24, 2007 Motion: To continue the public hearing to October 24, 2007 at 8:00 p.m. (McClanahan- Armstrong) All in favor. PASSES 3.. SpeeialPel'lllitPlIbIieHearing.-$aDleyV'iUagel{esidentialCluster--S.UC)ts off Bird Road ,,' Public Comment Adam Zarek, 12 Mary Dee Lane, said he doesn't see the need for this development. He said the west side of Mary Dee Lane is wet and those houses had to be pushed to the east side of the site. He said the distance and the buffer between their houses and the proposed houses will be very small. He said the property slopes toward lots 2, 3 and 4 on Mary Dee Lane and adding these homes will be a detriment to the existing properties. He said Bird Road is very dangerous now and he is concerned about additional traffic. Karen Curls, 16 Mary Dee Lane, read a letter from the resident at 8 Mary Dee Lane with concerns about the loss of trees between the two developments and about the additional traffic. [letter was not submitted] Mrs. Curls said she agreed with Mr. Zarek and said there are drainage problems on their street now. She said water runs across Mary Dee Lane and freezes in the winter. She said she sees the power lines now and is concerned about additional tree cutting. Bill Dowd, 7 Langley Drive, said the wetland area fluctuates monthly and Maple Street floods in the wintertime. He said this development will make that problem worse. He said until the new electric substation is sited, this parcel should not be developed. Planning Board 3 9/28/2007 Lester Epstein asked how many lots could have been built with a conventional subdivision. Mr. Armstrong explained it would be five lots. Board Comment Mr. Annino explained the Planning Board cannot limit a developer's ability to develop his land because of existing problems in an adjoining subdivision. He said the board has to consider issues such as safety drainage, but it cannot consider aesthetic issues. Mr. Armstrong said the town engineer will look at the drainage calculations to be sure there will be no water shed off of this property after construction. Mr. Maloon said the entire road, as well as the front of the houses, will drain to the detention basin. Mr. Maloon said the wetland line has been verified by the conservation agent and an auger was used to test the soils. Mr. Maloon said the wetland line on the plan shows the water at its highest level. Mr. Armstrong asked if the road can be moved up to create more of a buffer between the new houses and the houses on Mary Dee Lane. Mr. Maloon said they are trying to stay away from the wetlands and the power lines. Mr. McClanahan said a 20-foot roadway is narrow and suggested 22 feet. Mr. Annino said if this is going to be accepted by the town, the board should consider that. Mr. Armstrong suggested moving the road to create more of a buffer for Mary Dee Lane. Mr. DeMassi asked who would own the common open space if the street is going to be a public way. Mr. Maloon said there could still be a homeowner's association. Mr. DeMassi asked how long the road is; Mr. Maloon said it is 650 feet. Mr. DeMassi asked ifhouses can actually be placed on the lots on the conventional plan. Mr. Maloon said there is room on the lots. He noted if the conventional subdivision were built, the retention area would be on a lot. Mr. Annino asked the benefit of the cluster over the conventional. Mr. Zola said they wanted to stay away from the wetlands, the power lines and a potential power station. Mr. DeMassi said he wouldn't want to see this road as narrow as Mary Dee Lane. He said he would be more comfortable with a 22-foot wide roadway. Mr. McClanahan said the cul-de-sac could be made smaller to reduce the amount of pavement. Mr. DeMassi said the vertical curbing should not be waived because it would help keep the water on the new street and flow it toward the detention basin. Mr. DeMassi said the detention basin is less than 100 feet from the property line and suggested adding additional land, since the land behind it is owned by this developer. Planning Board 4 9/28/2007 Mr. DeMassi asked about the Police Department's comments about sight distance. Mr. Maloon said they measured the sight distance but would talk with Officer Lawson. Mr. DeMassi suggested adding street trees along the existing Woods property. Mr. DeMassi asked if there is a sidewalk on Bird Road. Mr. Maloon said there is not. He asked how the sidewalk would be tied into the road. Mr. Maloon said they would drop the sidewalk with a handicapped ramp. He said they could bring it to Bird Road and taper it to the gutter. Mr. Annino asked to see a cross section. Mr. DeMassi asked if the cul-de-sac is wide enough for the largest fire truck to get around. Mr. Maloon said it is. Mr. DeMassi said he believes the applicant has the right to build on his property, but the board will try to ensure the development is not detrimental to the abutters. He asked to see the abutting houses on the plans. Mr. Maloon asked if the board is going to require 100 feet from the detention area to the subdivision boundry. He said if it is, he can increase the sizes of the lots and add the detention area to a lot. He said that would improve the lots and the buffer for the neighbors. Mr. Armstrong asked if the line between the subdivision and the "remaining land" is a reallot line. Mr. Maloon said it is not, so it can be moved. Mr. DeMassi asked about making the lots wider instead of deeper to increase the buffer. Mr. Jodice said he understands and sympathizes with the abutters' problems, but said this developer has a right to develop his land. He said if the applicant is willing to try to address the staff comments and the abutters' concerns, this can work. Ms. Collins asked to see how the conventional plan can get five houses. Mr. Maloon said he would put them on the plan. Dr. Torman said he was on the board when Mary Dee Lane was permitted, and said there were sight distance issues at the time. He said he is very concerned about that and wants to be sure Officer Lawson is comfortable with it. Mr. Annino said the board can help to alleviate some of the abutters' concerns with buffers and plantings. He said he would like the buffer increased, the cul-de-sac adjusted so it is further from the abutting property owners, the existing houses shown on the plan, proposed planting methods to screen existing and new homeowners. He said he is very concerned about the water and asked for some assurances the drainage system is going to work and the existing problem will not be made worse. Mr. Maloon explained the test holes and where groundwater was found. Mr. Annino asked about streetlights. Mr. Maloon said they have met with the Light Department, which chose the locations, wiring and transformer. Mr. DeMassi asked the Planning Board 5 9/28/2007 height of the poles. Mr. Maloon said they are typical streelights; the developer has to buy them from the town. Mr. Annino said L2 is right next to a driveway; Mr. Maloon said he would move the driveway. Mr. Annino asked about street trees. Mr. Maloon said there is a list on the detail sheet. Mr. Zola said trees are shown on the side of the road without houses; he said since the board wants more screening on the Mary Dee side, they could move those plantings to the Mary Dee side. He said they would leave the woods on the side of the street with no houses. Mr. Annino asked to see a line of vegetation and sizes and said additional buffering could be added to the lots. Mr. Zola said they have tried hard to stay out of the 100-foot wetland buffer zone and if the road were reconfigured, it could be done while achieving more buffer. Dr. Torman asked what the buffer is now. Mr. Maloon said there is a 15-foot buffer proposed and another 30 feet outside the building envelope, for a total of 45 feet. Dr. Torman asked how big the houses would be and asked if the building envelopes could be shrunk. Mr. Zola said the way these lots are configured now they have a bigger buffer than would be required on a 60,000 square foot lot. Mr. Jodice noted if the existing houses have 40-foot setbacks and the new houses have 45-foot setbacks, there would be 85 feet between the houses. Mr. Zola said the Water Department wants the water looped through Mary Dee Lane. He said if the Water Department could facilitate that, they would be willing to do it. Mr. DeMassi said it would be a benefit to the Mary Dee Lane residents and would provide both developments with better water quality. Mr. Maloon said they would need an easement onto Mary Dee Lane, which the homeowner's association would have to grant. Mr. Zarek asked if the subdivision has to be five lots. Mr. DeMassi noted if they can do five lots under a conventional subdivision, they can do five under the special permit. Mr. Annino asked for a detail showing the 20-foot easement on the Woods property. Mike Hughes, 473 Bird Road, said this will cause traffic problems. He said Bird Road has a sharp curve with poor visibility in this area. Dr. Torman asked if moving the road would make a difference in sight distance and asked if the board should ask Officer Lawson what would make him more comfortable with the roadway. Mr. Maloon said he would meet with Officer Lawson on site. Sam Walker, 64 Bird Road, said there are no trees on the left side of the proposed Stanley Road, and if the substation is built there, the residents will be looking right at it. Motion: To continue the public hearing to November 7,2007 at 8:00 p.m. (McClanahan- Armstrong) All in favor. PASSES Planning Board 6 9/28/2007 /2.....CorrespondenceeontiBlIed...... 3. September 20,2007 email from Ana Paulino, SR Weiner re: Mansfield Crossing Building D Elevations Mr. Annino said he was adamant that the gates be installed. Mr. McClanahan suggested the gates could be left unlocked. Dr. Torman suggested asking someone from the Fire Department to come in for a discussion and try to reach a compromise. 4. September 12, 2007 letter from Edward Cabbitt, Senior Property Manager, Mansfield Crossing re: on-site security. Mr. DeMassi said he was concerned there would be no support for people closing the stores if the security staffis only there until 10:00 p.m. He said there should be security there all the time when people are working. Motion: To send a letter saying that as long as people are working or visiting the mall, there should be security on site (DeMassi-Torman) All in favor. PASSES 5. ZBA decisions: 112-114 School Street (granted); 160 East Street (granted); 151 Steams Ave (granted) 6. Meeting notices Easton, Norton, Sharon 7. The Beacon Saddle Ridge Road The Engineering Department has reviewed the plan. Mr. Armstrong said the lots appear to have sufficient area and frontage. Motion: To endorse the Form A plan (McClanahan- Torman) All in favor. PASSES I S.Aroundthe 1'able The Planning Board discussed having the Master Plan consultants come in on October 17 to do their presentations. I 6. Public Comment Motion: To adjourn at 10:15 p.m. (Torman-McClanahan) All in favor. PASSES ednesday, October 10,2007 at 7:30 p.m. 10/10/07 Date of Approval Planning Board 7 9/28/2007