HomeMy WebLinkAbout1996-05-21Planning Board Meeting
Senior Center
May 21, 1996
Members Present:
Joseph Mahoney, Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk. John
Simons arrived at 7:30 p.m., Richard Nardella arrived at 8:00 p.m. and Richard Rowen, Vice
Chairman arrived at 8:25 p.m. Kathleen Bradley Colwell, Town Planner, was also present.
The meeting was called to order at 7:03 p.m.
Discussion
Covent~ I Bond - update
David Alt with Fleet Bank has been in touch with Bob Halpin regarding the bond issue. They will
be meeting June 1't and again in the middle of June in an effort to settle the remaining roadway
issues. Mr. Halpin will keep the Board informed through Ms. Colwell.
Fieldstone Lane - Preliminary Subdivision Plan
Ben Osgood, Jr. was present and stated that it is a 4 lot subdivision offof Salem Street near
Foxwood and the owner of the property is Appleton Street Realty Trust. The proposed road is
26' wide with a 6% slope in the roadway. The cul-de-sac will be 500' long and the property is on
Town water and sewer. The 4 lots have 100% CBA. There is a very small amount of wetlands
uphill and the applicant will apply to Con Com. A detention pond is planned at the base of the
road, but the applicant is looking into a totally buried infiltrator system. Mr. Mahoney asked if
the plan went before TRC yet, and Ms. Colwell replied "yes", and there were no major concerns
with TRC.
Board directed Ms. Colwell to draft a decision and fax to them for comments.
Brookview Estates - Preliminary Subdivision Plan
Dave Kindred was present and requested that the Board render a decision as he feels he has taken
the preliminary plan as far as he can. Deep hole testing has been completed, but perk tests won't
be done until July, therefore, the number of house lots cannot be determined yet. Mr. Angles
asked why an island in the middle of a cul-de-sac and Mr. Kindred replied that it allows for more
frontage on the lots and it will be a nicely landscaped area. Ms. Colwell recommends issuing a
denial decision due to the fact there is not enough information on septic testing.
Board directed Ms. Colwell to draft a denial decision and fax to them for comments.
Bake-n-Joy - release of bond
The Town is holding $5,000.00 in bond money for this project.
Ms. Colwell mated that the site is complete and no noise complaints have been made to the office.
As-built plans have not bccn submitted yet, therefore Ms. Colwell recommends releasing ~A oftbe
bond money.
On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to
release $2500.00 and retain $2,500.00.
Butcher Boy Market - release of bond
Ms. Colwell stated that she viewed the site and the following items need to be completed:
Landscaping
Detention Pond area
ATM Machine
As-built plans have not yet been submitted. In view of the issues outstanding, Ms. Colwell
recommends retaining $5,000 and releasing the balance of the bond.
On a motion by Mr. Angles, seconded by Ms. Lescarbeau, the Board voted unanimously to retain
$5,000 and release the balance of the bond being held by the Town.
White Birch Estates I - bond reduction
Ms. Lescarbeau read a letter from DPW recommending the release of $4,000 and retaining
$23,600 of the bond money being held by the Town.
On a motion by Ms. Lesearbeau, seconded by Mr. Angles, the Board voted unanimously to
release $4,000 and retain $23,600.
White Birch Estates II -bond reduction
Ms. Lescarbeau read a letter fi.om DPW recommending the release of $13,800 and rctaining
$35,000 of the bond money being held by the Town.
On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to
release $13,800 and retain $35,000.
Wagon Wheel Estates - bond reduction
Ms. Lesearbeau read a letter from DPW recommending the release of $20,400 and retaining
$74,780 of the bond money being held by the Town.
On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to
release $20,400 and retain $74,780.
FORM A
Os~ood Street fWelch)
Ms. Colwell stated that she requested an opinion from Town Counsel regarding the
grandfathering of the lot and whether the Town's subdivision rules and regulations regarding area
can be upheld. Atty. Bard stated in a letter that the May 2, 1996 filing of the ANR plan did not
protect the proposed lots from the recem zoning change as the filing and endorsement of a Form
A only protects the use of the land for three years; it does not protect the lot from dimensional
changes. Since the date of filing, Town Meeting voted in favor of Article 17, amending Sections
7.1.1 and 7.2 of the Town's Zoning Bylaw. The amendment has the effect of excluding land
which is within a private way from being included in the calculation of lot area. Also, his letter
stated that the Town's regulation cannot require that a Form A lot have sufficient area, therefore,
he recommends signing the plans with a note that the lots are unbuildable as they are undersized,
The Planning Board directed Ms. Colwell to sign the plans.
Osgood Street (Gonya)
Ms. Colwell stated that the lots contain sufficient frontage and area on a public way, and there are
no wetlands between the buildable portion of the lot and the street Ms. Colwell recommends
endorsing the plan.
The Planning Board directed Ms. Colwell to sign the plans.
Milk
Ms. Colwell stated that the lot contains sufficient frontage, area and is on a public way. The lot
narrows down to 50' and then opens up into a larger area at the rear. Ms. Colwell asked the
applicant to add a note stating that the house must be built on that portion of the lot that is 100'
wide closest to the street. Ms. Colwell recommends endorsing the plan.
The Planning Board directed Ms. Colwell to sign the plans.
Stevens Street (Lawlor.)
Ms. Colwell stated that the Form A combines the Lawlor property on the comer of Stevens Street
and Pleasant Street with property formerly owned by the Town, But sold to the Lawlors at last
years Town Meeting. Ms. Colwell recommends endorsing the plans.
The Planning Board directed Ms. Colwell to sign the plans.
Bradford Stre~ (Barker)
Ms. Colwell stated that this Form A plan separates 12 acres on Bradford Street from the 48+ acre
Barker Street Trust. Ms. Colwell recommends endorsing the plan.
The Planning Board directed Ms. Colwell to sign the plans.
Public Hearings
New:
Abbott Village - Subdivision Modification
Ms. Lescarbeau read the legal notice to open the public hearing.
Ben Osgood, Jr. was present in place of Peter Ogren who was unable to attend.
Mr. Osgood stated that at the request of the Conservation Commission he is back before the
Planning Board with a modification to the right-of-way. He proposes to modify the location of
the right-of-way to place the pavement 25' away from the edge of the wetland resource area.
In looking at the plans, Mr. Simons pointed out lot 4lA and stated he would like the future status
of that lot resolved tonight as there is a large wetland resource area between the street and the
buildable portion of the lot. He stated he has no problem with placing a letter regarding the stares
of the lot in the file. Atty. Speicher was present and stated that there are no current plans to build
on the lot, but he couldn't promise that it would never be built upon.
Bill Sullivan, Salem Street, was present and concerned about what will happen with all the water
when this is built? Mr. Osgood stated that this plan is a modification of one little piece of
property, and the water does not drain down to Mr. Sullivan's property. The road slopes
downhill to a catch basin. Mr. Sullivan will come to the Planning Office for a look at the Abbott
Vitlage subdivision.
On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Planning Board voted unanimously
to close the public heating.
Ms. Colwell to draft a decision for the June 4, 1996 meeting.
521 Dale Street - Watershed Special Permit
Ms. Lescarbeau read the legal notice to open the public heating.
David Sicora, owner of the property was present and stated that he is proposing an addition to his
home within 325' ora wetland resource area. He has hired a state certified biologist who stated
to Mr. Sicora that there will be no impact or degradation in the watershed. The home is on Town
sewer and water and the homeowner plans to install gutters, downspouts and a drywell to harness
all the water. Ms. Colwell stated that the project has been reviewed by TRC and the Watershed
Council with no major comments. She stated that the wetland resource area is across the street
from the home, so it is doubtful that the construction will have any impact.
Ms. Lescarheau asked how large is the addition and was told 1,000 sq feet.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Planning Board voted
unanimously to close the public heating. Ms. Colwell had a drat~ decision ready and the Board
reviewed it.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the watershed special permit was
unanimously approved as amended.
37 - 41 Chestnut Street - frontage exception lot
Ms. Lescarbeau read the legal notice to open the public hearing.
Mr. Mermelstein, property owner, was present and stated that he simply wants to "swap" the
location of the frontage exception lot and make a "T" with the lots instead of the current "L.'
Ms. Colwell stated that he is not creating a new lot, just shifting the land around.
Christine Smith, 60 Chestnut Street, is concerned about making the lot a pork chop lot and
whether the owner is planning to build more homes in the future. Mr. Smith inquired whether or
not the "back" land is landlocked? Richard Haltmeier, Chestnut Street, stated that he is very
much in favor of Mr. Mermelstein's proposal of"swapping" the lots. Mrs. Smith stated that
Chestnut Street is a bumpy mess now because of the road being torn up, and she wants to know
when it will be repaved. She was referred to DPW.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Planning Board voted
unanimously to close the public hearing. Ms. Colwell had a draft decision prepared and the Board
reviewed it. On a motion by Mr. Nardella, seconded by Mr. Angles, the Planning Board voted
unanimously to approve the amended special permit frontage exception lot.
701 Salem Street - Site Plan Review
Ms. Lescarbeau read the legal notice to open the public hearing.
Ms. Colwell stated that the applicant has agreed to a continuance until May 28, 1996 given the
long agenda at this meeting. Karen Fitzgibbons, Planning secretary, called all the abutters and
informed them of the continuance.
200 Chickering Road (Rennies) Site Plan Review
Ms. Lescarbeau read the legal notice to open the public hearing.
Ms. Colwell stated that the applicant has agreed to a continuance until May 28, 1996 given the
long agenda at this meeting. Karen Fitzgibbons, Planning secretary, called all the abutters and
inforn-a~l them of the continuance.
Continued:
Lots 19 & 20 Nutmeg Lane (Abbott Village) Common Drive
This is a continuation of the public heating. Atty. Speicher and Ben Osgood, Jr. were present.
The applicants are seeking approval for a common drive to access 2 two lots. They originally
applied for a three lot common drive, however, the settlement states they can only have a two lot
common drive. Atty. Speicher stated that they are working with Con Corn to meet their demands,
but they do have a legal right to access across wetlands, but that would not be preferable if there
is another way. Mr. Simons stated that to some degree isn't this situation "self-created" because
you want the most number of lots possible. Atty. Speicher stated that of course the applicant
wants to optimize the number of lots, but there are other considerations ...... wetlands for
example. Atty. Speicher stated that many people have had input into the proposed plans, and feel
this is the best way to go. Mr. Nardella asked why, with only 200 sq feet of wetland rifling, is
Con Com sending this back to us? Ms. Colwell stated that it is the total amount of wetland
fillings they are concerned about. Art Lara, Woodbury Lane, is concerned about a street being
put through to Woodbury Lane. He was clearly told "no" that would not happen. The Town
does not have the appropriate easements.
Ms. Colwell stated that Mike Howard feels the Con Com would not grant access over the
wetland. Ben Osgood stated that was true, he forced them to come to the Planning Board.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to
close the public hearing, and directed statfto draft a decision for the June 4, 1996 meeting.
Woodlea V'dlage - Subdivision/PRD
This is a continuation of the public hearing. Tom Laudani and Steve Stapinski were present. Mr.
Stapinsld presented revised plans for the subdivision which eliminate the detention pond on lot 6,
placing it now in the rear of lots 8 through 11. The new plan also shows the water main looping
out onto Route 114, which was DPWs request. Ms. Colwell stated that the detention pond
location needs to be talked about. Con Corn was adamant regarding changing the location of the
pond. Mr. Stapinski stated that the soils are upland, and Mr. Laudani stated that he would plant
10' tall pine trees to disguise the detention pond. Mr. Simons stated that he wants more
information on the open space plan. Mr. Nardella stated that the original plan was for 14 Form A
lots, now how many lots are available to be built on? Mr. Laudani replied 11 subdivision lots and
1, possibly 2, Form A lots. The maximum density will be 12 total lots, one of the Form A's may
be given to the Town in open space. There was much discussion regarding the density of the
subdivision, and Mr. Laudani stated he was very frustrated, has worked very hard with Con Corn,
and now the density question is being brought up again! Mr. Mahoney asked why must the
detention pond be located there? Mr. Laudani replied it's not gigantic, it's the most logical spot,
it satisfies Con Cora, we're lessening the density and we will screen it. Mr. Rowen stated that he
has a problem with homes located on the lot lines, he suggested moving the homes on lots 1 and 3
away from the lot lines. Mr. Laudani stated we will do it wherever we can.
Ms. Colwell stated that the applicant is looking for a waiver in the cul-de-sac size, and DPW
supports it. Mr. Rowen asked Mr. Stapinski what be thought of an infiltration system instead of a
detention pond? Mr. Stapinski replied that it could be done. Mr. Nardella stated that be would
like to see curbing around the cul-de-sac to prevent cars fi-om parking on it. Mr. Nardella asked
how large is the detention area and Mr. Stapinski replied 90' by 20'. Mr. Angles and Mr. Simons
would like to see the detention pond moved back, Mr. Rowen stated that if it is disguised it is ok
where it is, and Ms. Lescarbeau would like to see it in the island piece. Mr. Stapinski to write a
letter to Ms. Colwell regarding the detention pond and its location.
Continued until May 28, 1996 meeting.
Adjournment
On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Board voted unanimously to
adjourn. The meeting adjourned at 10:10 p.m.
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