HomeMy WebLinkAbout1998-03-17 Planning Board Minutes Planning Board Meeting
DPW Conference Room
March 17, 1998
Members Present:
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Alison Lescarbeau, Vice Chairman, Joseph V. Mahoney and Alberto Angles, Associate Member
were present. Richard S. Rowen, Chairman arrived at 7:03 p.m., Richard Nardella arrived at 7:1 S
p.m. and John Simons, Clerk, arrived at 8:20 p.m. Kathleen Bradley Colwell, Town Planner was also
present.
The meeting was called to order at 7:03 p.m.
Minutes:
On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to
approve the minutes as amended for February 17, 1998, March 3, 1998 and Executive Session
minutes for March 3, 1998.
Discussion:
Lot F Intellisense -update
Ms. Colwell received a letter from Mike Seacamp of Seacamp Environmental. Ms. Colwell stated
that they have had erosion problems again last week and are presently working on it. Ms. Colwell
stated that she spoke to the Morasco's and they are hiring and engineer to see how their retaining
wall is holding up. Ms. Colwell stated that the applicants keep saying that they are looking for a
contractor . Mr. Rowen asked if we had enough money to stabilize the site. Ms. Colwell stated we
are holding $10,000 and that would be enough money.
Lyons Way - preliminary plan
Mike Rosati of Marchionda& Associates and Ken Grandstaff of MPG Realty were present to
represent the Lyons Way preliminary plan. Mr. Rosati stated that this is a 7 lot subdivision near
Campbell Forest. It is a site just under 10 acres off Campbell Road surrounded by Harold Parker
State Forest. Proposed is a dead end road accessing 7 lots in the R-1 zoning, Mr. Rosati stated that
there are a number of lots with an excess of frontage. Mr. Rosati stated that the roadway length is
1100 feet long. Mr. Rosati stated that there are wetlands located on the site. They are proposing to
service these lots with Town sewer and water. Mr. Rosati stated that there is a proposed pump
station going to be located at Campbell Road. Mr. Rosati stated that they are planning to move the
street entrance to make less impact on the wetlands. Mr. Rosati stated that they are proposing a 24'
wide roadway and it was acceptable with D.P.W. Mr. Mahoney asked if this was the same plan that
was already approved twice. Mr. Rosati stated that the subdivision was approved in 1978 and 1992.
Ms. Colwell went over Mr. Chessia's comments. Ms. Colwell stated that all Mr. Chessia's comments
can be addressed in the definitive plan. Ms. Lescarbeau asked if they thought of doing a PRD. Mr.
Rosati stated that it is just under 10 acres. Ms. Colwell asked if there are approved septic systems.
Mr. Rosati stated that they were approved in 1992. Ms. Colwell stated that we can't approve this for
sewer, unless you can prove that you can tie into the sewer and we have approved sewer pians.
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On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the board voted unanimously to deny
the preliminary plans for Lyons Way.
Proposed Warrant Articles:
Rezoning:
Rezoning Rt. 114 from VR to VC
Peter Hingorani and Patrick Garner were present to discuss the possibilities of rezoning Rt. 114. Mr.
Garner stated that they went before the Master Plan Committee to rezone the property to 1-1 and
retain the area in the rear as VR. Mr. Garner stated that they would do away with having parking
spaces in the rear. Mr. Garner stated that they have the potential to get 2-3 homes on Berry Street.
Mr. Simons stated that he has a real problem with rezoning just one parcel without a drawing or a
sketch. Ms. Colwell stated that the Master Plan Committee is not comfortable with this either. Ms.
Colwell stated that the sewer problem is still a couple of years away from being resolved and by
waiting until the fall Town Meeting won't hurt these people, Mr. Garner stated that Mr. Hingorani is
paying a mortgage of$4,000 a month an Mr. Hingorani's health is not good and he would like to
leave his wife with something already in the approvals. Mr. Simons stated that if you go to Town
Meeting and you get denied you will have to wait 2 years to apply again but, if you wait until the Fall
Town Meeting it could get approved. Ms, Colwell stated that if there is support for rezoning this
site this is the best zone. Mr. Simons asked if they are planning to have it look like the industrial
buildings next door because he feels they are drippy looking. Ms. Colwell stated that Mr. Hingorani
is looking for feedback. Ms. Colwell suggested that the applicant wait until the Master Plan
Committee has the new process for the applicant and then have them go before them . Ms. Colwell
stated that she needs to know how the Board feels about rezoning this lot.
Mr. Simons Not in support of the rezoning
Mr. Nardella Not in support of the rezoning
Mr. Angles Not in support of the rezoning
Mr. Rowen Not in support of the rezoning
Ms. Lescarbeau Not in support of the rezoning
Section 4.2 Phased Development Bylaw
Ms. Colwell reviewed with the Board the warrant article to see if the Board had any more input.
Section 7.1.1 Contiguous Buildable Area
Ms. Colwell reviewed with the Board the warrant article to see if the Board had any more input.
Foster Farm - purchase of prope
Ms. Colwell suggested that we continue this until the April 7, 1998 meeting so Bill Scott, Director of
Community Development, and Mike Howard, Conservation Administrator, could speak on behalf of
Foster Farm.
{ Endorse Plans:
Stevens Street - Helfrich Pro ert From-A
The Board authorized Ms. Colwell to endorse the plans for Stevens Street.
Stevens Street - (Trustees of Reservations) -Form -A
The Board authorized Ms. Colwell to endorse the plans for Stevens Street.
Willow Street & Flagship Drive-Form-A
The Board authorized Ms. Colwell to endorse the plans for Willow Street&Flagship Drive.
Public Hearings (7:30 p.m.)
New:
Lot 20A Bridle Path - watershed„specialeA rmit
Atty. Mike McCarron and Phil Christiansen were present to represent Lot 20A Bridle Path. Mr.
McCarron stated that they are grandfathered under the 1979 Zoning Bylaw. Mr. McCarron stated
that this lot was part of the Bridle Path subdivision. There were lot line changes that took place in
1978. As of August 1, 1979 Lot 20A was in separate ownership but, was not part of the subdivision.
In June of 1978 the first Watershed Protection Bylaw came into affect. Mr. McCarron stated that this
was not part of this lot because it had a zoning freeze. Mr. McCarron went over property ownership
of the lots with Mr. Simons. Mr. McCarron stated that the only thing that comes close is a swamp
and they have gone to ConCom and applied for an RDA for the wetland lines and they have been
approved. The proposed home, driveway and lawn are within 100' of a wetland and are within 235'
of a tributary to the lake. The driveway is 25' away from a wetland and the house is 50' from a
wetland. Mr, Rowen states that not even with a variance could you build this. Mr, McCarron stated
he knows. Mr. Nardella had concerns with the runoff on the property. Mr. Christiansen stated that
we can address that for the next meeting. Ms. Colwell stated that there is no final grading on the
plan, no limit of clearing, no control of storm water shown or proposed, no certification from an
engineer that there will be no effect on the lake, need to show the tributary on the plan, no erosion
control shown and the 25' no cut and 50' no build zones not shown properly on the plan. Mr.
Simons asked why they never built on the property. Mr. McCarron stated that it is a hard lot to fit a
septic system on and now they can tie into sewer. Mr. Simons stated that you had many choices on
how the Iots were laid out and when you build on them, Mr. McCarron stated that it was a buildable
lot when it was created. Mr. Simons stated that we never granted a Watershed Special Permit that
close to the wetlands before.
Linda Weeks of 148 Bridle Path stated that we're not even on sewer and the Town has said that we
won't be for 1-2 years. The Board stated that it would be part of their decision. Ms. Lescarbeau
believes that the driveway could be relocated. Ms. Colwell received a letter from Town Council
stating that the applicants were in fact grandfathered under the old zoning.
Continued until April 21, 1998.
Between 187 & 211 South Bradford Street - watershed special permit
Tom Neve of Neve Associates and Cameron Deery were present to represent the watershed special
permit. Mr. Neve stated that they are planning to construct a single family dwelling in the watershed.
They have currently filed 3 permit applications. An NOI with ConCom, a variance with the ZBA and
a watershed special permit with Planning. Mr. Neve stated that the lot consists of 9.8 acres and was
created in 1976. The parcels were subdivided off. Mr. Neve showed the Board the drawing of the
house that the applicants would like. It is a 2100 SF home with a front entry garage. Mr. Neve
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stated that they would not have to change the grade of the property with this type of house. They
will be removing the soil from the property. Mr. Neve stated that the house is in the 200' buffer zone
but will not be clearing beyond the 75' mark. They are planning to leave the tree line in front, Mr.
Neve stated that they are planning to take the drainage into a vegetative swale so, it will meet storm
water management. Mr, Neve stated that they have not designed it yet but have spoken to ConCom.
Mr. Neve stated they would like to have a deck which would be located 83' from the wetlands. The
home will be serviced by town sewer. Mr. Mahoney asked what the basis is for the variance. Mr.
Neve stated that because the lot has a unique shape and unique soil they feel they are a good
candidate for ZBA in case the Planning Board asks them to move the location of the house. Mr.
Neve stated that majority of the homes adjacent to the property all have one acre. Mr. Neve went
over the different wetlands with the Board. Ms. Colwell stated that they are 79' from a wetland at
it's closest point.
Mr. Rowen asked if they have applied for a variance. Mr. Neve stated that they had applied and that
the ZBA were prepared to make a decision but, the applicant asked the ZBA to hold off until they got
input from this Board. Mr. Rowen asked where on the site truly is the best place to put the house.
Mr. Neve stated where it is right now. Mr. Simons asked what happens if later on down the road the
homeowners decide to make a yard. Mr. Neve stated that's where the bylaws come into effect. Ms.
Colwell stated that we are now going towards asking the applicants to put up a permanent barrier like
hedges or a fence. Mr. Rowen asked how long the driveway was. Mr. Neve stated that it was 40',
Mr. Nardella asked for them to show the dry wells when they come back before the Board. Mr. Neve
stated that they are planning to do drip trenches. Ms. Lescarbeau asked how long the length of the
back wall was. Mr. Neve stated that it is 42' long including the garage. Ms. Colwell asked where the
closest point to a wetland is if the house is moved. Mr. Neve stated that it could be either 85' or 94'
at it's closest point depending on how far the house was moved. Ms. Colwell asked the Board if they
were convinced that this is the best location for the house. Mr. Nardella stated that there is a very
significant difference from 75' to 94'. The Board asked for input from Coler& Colantonio to see if
moving the house further from the wetland would have any significant advantages. The Board felt
that Mr. Neve did a great job but, would prefer the Mr. Neve relocate the home closer to the street.
Mr. Rowen asked Ms. Colwell to draft a letter to the ZBA for the m to get a variance.
Continued until April 7, 1998.
Lot 2A Orchard Hill Road - site plan review
Steve Webster of Dutton& Garfield was present to represent Orchard Hill Road. Mr. Webster is
both the contractor and the applicant. Mr. Webster acquired the lot form George Barker. The land
behind the property is the Barkers. The proposed building is light maintenance for a tenant or owner.
The proposed building is 21,600 SF for single use or (2) 10,000 SF uses. Mr, Webster stated that
there is sufficient parking and enough space for truck access. There is no tenant at this time the
building is a spec. Mr. Webster stated that the building and the paving take up 43% and the
remainder 57% is natural or landscaping. Mr. Webster showed the Board the location of the
dumpsters and compactors on the plan. Ms. Lescarbeau asked where the HVAC units are located
and if the roof was made out the shinny metal material. Mr. Webster stated that this is a shinny roof
Mr, Rowen stated that we will have to address this because of all the complaints concerning the L-
Com building with the Beechwood Drive Neighbors, Ms. Colwell stated that the direction from the
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Community Development Director and Town Manager was not to allow this type of roof in this area.
Ms. Lescarbeau asked if the dumpsters will be enclosed. Mr. Webster stated that they will, and to
answer her question on the HVAC units they have not been shown because it is a spec building. Ms.
Colwell stated that they will have to be shown on the plan, Ms. Colwell had concerns with the
lighting. Mr. Webster stated that on each side of the building there will be adjustable lights. Ms.
Colwell asked why there were so many parking spaces. Mr. Simons asked if they were planning to
expand in the future. Mr. Webster stated no, that there are drainage issues. The Board went over the
entrance of the building with the applicant. Mr. Nardella suggested that the applicant pave 10' to
make enough frontage for the entrance. Ms. Colwell stated that the Board will need a detail of the
lighting that shows they are adjustable and drainage for the next meeting.
Continued until April 7, 1998.
Lots 4&5 Flagship Drive &Willow Street-, site plan review
Frank Montero of MBF Design, Paul Kneeland and Greg Weich of Channel Building were present to
represent Lots 4&5 Flagship Drive&willow Street. Mr. Montero stated that they have filed a Form
-A to eliminate a lot line. Mr. Montero stated that this is a spec building. The proposed building is
32,200 SF for manufacturing. Mr. Montero stated that they are required to have 70 parking spaces
and they are showing 72. The lighting is shown on the plan with 30' poles. Mr. Montero stated that
the drainage plans have been submitted, They have before ConCom and have received John
Chessia's comments and are presently addressing them. Mr. Weich stated that the building is 30' high
with a recessed entrance. The building could be split from top and bottom. The proposed use is for
light manufacturing on the I"floor and offices on the 2°a floor. There is a heavily wooded area with a
vernal pool and wetland crossing between this and UPF and the roof is not shinny. Mr. Simons asked
if the facade is similar to the other buildings. Mr. Weich stated yes. Ms. Colwell asked if they have
changed the parking lot sizes. Mr. Montero stated that they are 9'x20'. Mr. Montero stated that the
retaining wall is 4'-5' high in the rear. Ms. Colwell stated that the applicants should continue to
address Mr. Chessia's comments.
Continued until April 7, 1998.
Lot 1 Dale Street - watershed special permit
Elmer Pease and Eric Heyland of Allen&Major Associates were present to represent Lot 1 Dale
Street. Mr. Pease highlighted the boundaries on the plan Mr. Pease stated that they moved the
detention basin outside of the 75' conservation zone. Ms. Colwell stated that there is deadline for the
subdivision for the April 7, 1998 meeting. Mr. Rowen stated that we can't approve the subdivision
with out the special permit. Ms. Colwell stated that we still have not received DPW's comments.
Mr. Rowen asked Ms. Colwell if they had any outstanding issues that she knows of Ms. Colwell
stated that there were not any for the subdivision.
Kerry McCollister of 206 Dale Street, had concerns with the detention basin and culverts discharging
onto his property from the Bear Hill subdivison. An abutter of 128 Dale Street had concerns with
the excavation and the removal of the culverts.
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Mr. Nardella asked how big the culverts are now. Mr, Pease stated that they are 12". Dave Rand
showed the Board pictures. Mr. Nardella asked what DPW's comments are. Ms. Colwell went over
DPW's concerns. Mr. Nardella asked if DPW has responded to any concerns of the abutters. Mr.
a McCollister stated that he has spoken to Bill Hmurciak, and he is unaware of the lateral culverts. Mr.
McCollister stated that he doesn't understand how the can put the waterline under the culverts. Mr.
McCollister also stated that they were told the runoff from Bear Hill would not be a problem, it seems
to him that part of the Boards job is to protect the existing homeowners. Mr. Rowen stated that we
don't have to make the applicants solve the existing problems. Dan Takesian of 198 Dale Street,
stated that if you put up homes then the water will have no place to go. We already have Bear Hill's
water runoff. Mr. Takesian stated that their backyards are filled with water up to their knees and with
any serious rain they won't have a backyard. Mr. Pease stated that we have already gone through all
this with ConCom and have done several tests. Mr. Pease stated that Mr. Chessia has reviewed the
Storm Water Management and we have addressed every concern they had, Mr. Pease stated that any
other concerns with Planning, there isn't anything we can do. The Beaver Pond is downstream.
Sandra Timmons of 205 Dale Street, stated that when Bear Hill was put in there was supposed to be
a dry retention area put in and now the baffle pipe is gone. Dave Rand of 280 Dale Street, stated that
he has looked for the plans for the dry retention area's for Bear Hill but, can't find them. This would
have been built for 100 year storm and if the pipe was there it would hold up the water but, I believe a
homeowner removed it. Mr. Rowen asked if a homeowner definitely removed the pipe, Mr. Rand
stated that he can't say that for sure. Mr. Rowen stated that the applicants are required to ensure
they don't create problems but they are not responsible for curing the Bear Hill problem. Mr. Simons
stated that the assumptions may not be correct because your not taking all the potential areas to a
count. Mr. Pease stated that we have answered all these same questions. Mr. Pease stated that they
have to make sure that the water drains on their property correctly, Mr. Nardella asked Ms. Colwell
if Mr. Chessia has any more comments on this parcel. Ms, Colwell stated that there were no more
comments for Storm Water Management and these same issues were discussed at the ConCom
meetings.
Dave Rand of 280 Dale Street, stated that in one weeks time the beavers put back all the dams, Mr.
Rand stated that he renewed his permit to take down 100 yards of the dam, Mr. Rand stated that if
the situation is not resolved we will be under water. Mr. Rowen stated that he understands and if the
review is correct this development is not going to have any impact on the situation. Mr. Takesian
stated that we don't have a problem with the beavers like Mr. Rand we have a problem with the water
coming onto our property. Mr, Rowen stated that we are doing the best we can. Mr. Takesian stated
that they will have a big problem with the impacts of the subdivision. Mr. Rowen stated that he
won't let this subdivision go forward if they are going to cause harm to the abutters. Mr. Rowen
stated that the applicants will not make the problem worse. Mr. Pease stated that even the Town's
Engineer stated that the problem will not get worse. Mr. Rand asked why no one from DPW or John
Chessia has come out to see this problem with Bear Hill. Mr. Rowen suggested that they address
their problems to Mr. Chessia, Ms. Colwell stated that they should address their concerns to the
Planning Department and then we will forward them to Mr. Chessia.
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Continued until April 7, 1998.
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continued:
Berrington Estates - definitive subdivision
Mr. Simons had concerns with the slope. Mr. Pease stated that they cannot relocate and pull the cul-
de-sac back so there is enough frontage that is required. Mr. Pease went over the plans with the
Board pursuant to DPW's requirements. They have removed the sidewalks and since we are giving
back 10' for the sidewalks they would like to make the roadway width 2' wider. Mr. Nardella asked
why do you want to do this. Mr. Takesian asked if the entrance of the subdivision going to be 24'
wide also. Mr. Pease stated yes. Mr. Rowen asked the Board how they felt about having the
roadway width at 24' or 22' The Board agreed to have it at 22' wide. Ms. Colwell stated that she
will bring up the new issue with Bear Hill to Mr. Chessia.
Continued until April 7, 1998.
Forest View Estates - definitive plan
Ms. Colwell stated that D.P.W. has not completed their review on the sewer. The applicant has
requested an extension for their decision to be rendered.
On a motion by Mr. Simons seconded by Ms. Lescarbeau the Board voted unanimously to grant an
extension for the Forest View Estates decision until April 14, 1998
Walnut Ridge - definitive subdivision
The applicant requested a continuance until the April 7, 1998 meeting.
Boston Ski Hill - definitive subdivision
The applicant requested a continuance until the April 7, 1998 meeting.
Decisions:
234 Brentwood Circle - watershed„special permit
On a motion by Mr. Nardella, seconded by Mr. Mahoney the Board voted unanimously to approve
the Watershed Special Permit draft decision as amended known as 234 Brentwood Circle.
Adjournment:
On a motion by Mr. Nardella, seconded by Mr, Simons, the Board voted unanimously to adjourn.
The meeting adjourned at 11:30 p.m.
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