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HomeMy WebLinkAbout1994-03-15?lann~ng Board Minutes Harsh L5, 1994 8enXor center The meeting was called to order at approximately 7:28 p.m. Kembers Presen~ John Simons, Vice Chairman, Joseph Mahoney and John Daghlian. Richard Nardella arrived at 7:30 p.m. Also present were Karen Nelson, Director of Planning & Community Development and Kathleen Bradley Colwell, Town Planner. Woodohuok ~JNov~_ subdivision plan for Woodchuck Grove. The modifications were presented to the Board: Mr. Steve Stapinski and Mr. Thomas Laudani would like to modify the following proposed move house on lot 17 out of 50' buffer zone same number of houses reduce total amount of 8% roadway grade road enters Salem Street at same point roadway shifted down slope - 2% - 3% to 4%-5% to 8% roadway - cul-de-sac at 5% larger size house prints attached garages, no garages under house no retaining walls driveways do not cross lot lines houses moved closer to road 25'.usable backyard area limit of clearing line 7.34 acres of clearing in modification 9.1 acres of clearing in existing plan material will not be moved off-site cut and fill along roadway detention area approximately in same place want to modify existing permits 300' to 400' between Foxwood Road and Woodchuck Grove Road plan to build at same time as Foxwood target multiple markets Mr. Nardella had issues with opening up two different parts of the hill at the same time. The Board agreed that the modification is a better plan and will work with the developer. Jerad Place IXT Mr. Thomas Neve continued discussions of proposed subdivision/PRD. Mr. Simons concerned about mixing i and 2 acre zones and mixing lots from one subdivision into another subdivision. Need to show outlines of lots. The Board will review density when plan submitted for a hearing. Poxwoo4 - Sian Plans Postina of Bond/Sian Covenant The Board asked the developer to post a $10,000 bond in lieu of covenants on Lots I and 49 so that model homes can be constructed on those lots. The Board signed covenants on other lots and signed the plans. Applicant posted a $36,000 Erosion Control Bond and a $15,000 Site Opening Bond. Public Hearina Lawrence &iz~ort Hanaer - Site Plan Modification Mr. Steve Stapinski was present. Mr. Mahoney read the legal notice to open the public hearing. Mr. Stapinski: Modifying approved plan: 1,500 sq. ft. added, layout basically the same smoke and fire alarms will be installed, connected to Fire Department discussed with Building Inspector location of nearest residential area delete one industrial building so that sprinkler systems are not required Mr. Mahoney read a letter from Chief Dolan requiring alarm system. On a motion by Mr. Mahoney, seconded byMr. Simons, the Board voted unanimously to close the public hearing. Modify decision adding Fire Chief suggestions, and no other use than aircraft storage. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted to approve decision with above modifications. Seven Oaks - Definitive Subdivision Mr. Phil Christiansen was present. The Board requested responses to D.P.W. concerns in letter dated March 1, 1994. Mr. Christiansen responded to D.P.W. concerns. sidewalks needed remove existing cul-de-sac pavement Mr. Daghlian would recommend use of leach pits in the subdivision. Mr. Nardella ask that D.P.W. follow up on response to Mr. Christiansen's letter, staff to facilitate. Staff to revisit issue with D.P.W. Planning Board does not see need to create 35' pavement. Cannot fit sidewalks in under pavement widths D.P.W. requires. Mr. Nardella suggested ending sidewalk at edge of cul-de-sac. Amy Lyons, Sugarcane Lane, asked when will cul-de-sac be removed? Ms. Colwell told her at the end of the construction. Covenants will be reviewed at next meeting. On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board voted to continue the public hearing to the April 5, 1994 meeting. L~t IS Carriage Chase - Special Permit - Watershed DiStrict Mr. Mahoney read a memo from the Conservation Commission to the Planning Board. Mr. Nardella asked if there was any way to reconfigure house to better fit on the lot? Mr. Willner told Mr. Nardella he did reorient the house. Mr. Simons: lot is now in area with 2 acre zoning require 75% CBA large house for the lot not willing to approve it Mr. Nardella asked if there was anything the Board could suggest to create an acceptable lot. There was no comment. Attorney Mark Johnson: none of the other houses in the subdivision were required to obtain a special permit in 1984 building permit was issued on the site in 1986 Willners bought the lot with the understanding that it was a buildable lot Mr. Michael Kasabuski, developer: He was allowed to affect wetlands in that subdivision without a permit states that standing water was required for a wetland Nicholas Petrucci, 56 Castlemere and John Pollano, 10 Carriage Chase both support the application. Attorney Johnson= applicant is protecting existing wetlands on site · creating more wetlands On a motion byMr. Simons, seconded by Mr. Mahoney, the Board voted to close the public hearing. Mr. Mahoneymade a motion to approve the special permit. There was not second. On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board voted to deny the special permit. The Chairman voted in the affirmative. Mr. Mahoney voted in the affirmative. Staff to draft denial. Mr. Simons to review prior to filing. Ms. Colwell outlined Town Counsel's response, need not be a rescission because no plan ever endorsed. Mr. Nardella stated that the Board will issue a letter to the applicant that plans never endorsed, therefore, it does not legally exist, there is no further action required at this time. On a motionbyMr. Simons, seconded by Mr. Mahoney, the Board voted to close the public hearing. On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board, voted that because plans never endorsed, therefore no further action required at this time. The applicant requested that plan be placed on agenda for endorsement at next meeting. Warrant l~tioles Mr. Thomas Laudani, developer, presented concerns regarding changes: · concerned about change from 75% to 90% CBA- want to keep 75% in some circumstances Mr. Simons: either you go with 75% or 90% maybe use a graduated scale, review each zoning district exempt R-6 from 90% 90% watershed district R-1 75% for conventional R-2 90% R-3 100% . maybe keep 75% for PRD Mr. Mahoney: · Need input from other communities and other groups - re: protection of Ipswich River Watershed Mr. Simons: focus on performance stats for Ipswich River Watershed work on this for next year R-1 75% R-2 85% R-3, 4, & 5 90% R-6 75% Keep all others at 75% The Board decided to support the following changes: 1. 2. Add minimum driveway width of 12 ft. Clarify requirements for a Special Permit in the Watershed. 3. Add non-criminal penalty section for violations of Watershed Protection Bylaw. 4. Change Phased Development Bylaw that increase in the number of building permits can be done only by a Planning Board Special Pe£mit. 5. Change contiguous buildable area requirementfrom 75% to 80% and work on creating a gradual scale for next year. 6. Allow frontage exception (pork chop) lots by Special Permit. 7. Require access to lots over the legal frontage except by Special Permit. 8. Require a building elevation for a Site Plan Review Special Permit. 9. Clarify calculation of residential density for a PRD. 10. Rezone portion of the watershed that is R-3 to R-2. 11. Add an Erosion Control Bylaw to the Town Code. In the next year the Board will be creating a hillside overlay district, reviewing the Ipswich River Watershed, looking at the need to put limitations on lot shapes. The meeting adjourned at approximately 12:15 a.m. ~t L. Eaton, Secretary Richard A. Nardella, Chairman