Monday, January 5, 2015

Live Reporting: Planning Board - Jan 5, 2015

Present: Rondeau, David, Halligan, Padula, Carroll
Absent: Ballarino

General business

#1 - move to accept meeting minutes of Dec 14, 2014; seconded, passed

#2 - Franklin Rod and Gun Club
81-P Plan submitted, all in order per Planning Dept
motion to accept, seconded, passed

motion to recesss until 7:15 when the public hearing can be opened
moved, seconded, passed

*** recessed until 7:15 PM ***

meeting resumes

motion to suspend the reading, seconded, passed

Jeff Nutting, provides the overview on the intent behind the zoning change
allowing condonimums would potentially allow the property to be more marketable
the upside of a multi use is less traffic than other possible business uses, down side is it has been woods for many years so any change will be noticed.

Elaine Murphy, abutter to property
question on how the zoning change would affect her property

if the town approves the bylaw, can I come in a few years to sell my land and

been here since 1973, the woods are beautiful, they do many things for us
we have other land in the town that can be developed

Nutting - was a proposal back in 2007 and that went no where, another later with more design docs, it was just a plan, did not go anywhere

there is no change to the set backs or to the nature of the land, wet lands, etc.
no development near Walker Road due to the wetlands
the constrain is mostly to the middle where it is not wetland
the Town is looking to make the zoning change
we do not property in the downtown, property is already designated as open space, etc.
we are looking for additional tax dollars, a $500-600K annual revenue for the property would be good for our budget needs
it is a balencing act

if this is approved by the Council, then it would be another RFP to see what would be proposed. All that would have to be worked out for approval by the Council

it takes a 2/3 vote to change the zoning and a 2/3 vote to sell the property

Padula - the set backs will remain
Murphy - will the footprint be the same?
Padula - it depends upon what the developer proposes. This is just the first step in trying to make the property more commercial

If you had more than 5 acres, you could make that proposal
this is the only property that is zoned office use

Nutting - the hardship issue would be before the Zoning Board of Appeals, we are not making that proposal. 
if we could get a hotel on that site we would be happy
if we could get condos, we could be happy
we would like to get some residential

there are height limits, 3 floors by right, 5 by special permit
there is topology coming into play where the land slopes away from Pond St to i495

Stephanie Pazniokas
trying to get clarity on what may happen
940 acres of economic opportunty area in Franklin and this is only 15
why is there so much for this now

Nutting - economic development zone already built out at about 98%
this is our land and not yet developed, all the other land is already owned by private owners

furthering questions on other changes from the stipulations

Nutting - if the town were to sell the land, we would stipulate requirements
could that make further changes 40 years from now, maybe but not right now
but then they would have to go through the whole process again

We are better off getting condominiums than we are getting apartments

Stephanie - Once the decision is made, we are trusting that the decisions will be followed through with

Nutting - the Council will ultimately make the decision on the change, and the nature of the change, and if we sell and how we sell

Halligan - there is more in the existing zoning allowed. It is scary. We are not changing the zone itself

Nutting - we are adding a use

Elaine - Could you only sell the buildable land and keep the rest?

Nutting - If they own and they can't build on it, they still pay taxes on it. From a practical sense

another resident -
given the Starbucks, it could be a mess

Padula - when the developer comes before, the discussion would includes those factors

Nutting - Weds the Council holds a public hearing, then a second one per law. If approved, then the Council would consider re-issuing the RFP

a hotel would bring us the most tax revenue; less traffic impact than a business as the time of arrivals and departures would be staggered

motion to close the hearing, seconded, passed

motion to recommend to the Council, seconded, passed

Scheduled public hearing 7:30

505 West Central St - Midas Muffler

Padula - recused himself
Rondeau moved from Associate to Member
Ballarino though absent can still review the material and video to be eligible to vote on the project

Don Norman - engineer provides an overview
was Taco Bell with Wendy's
are outside the limited site plan modification requirements
are looking for a site plan modification

lot 1 - Midas
lot 2 - still vacant
lot 3 - Wendy's site

each lot individually owned, an association will own the roadway and maintain it to the current standards

Midas is similar to what was approved by the Planning Board in 2010
maintaining same buffers on wetlands, and retaining wall

actually reduced impervious coverage, much actually the same footprint

Midas auto and tire maintenance, internal tanks/barrels for handling their waste (windshield fuilds, greases, etc.). All the tanks will be above ground and inside the facility. No intent for storage of hazardous wastes outside the facility

There will be a dumpster for general waste and for metal
we are on town water and sewer, drains will address fuilds before going to the sewer system

most of the plantings outside the property are previously approved by the prior site plan, did not want to change what had already been approved

did submit a special permit application
did submit a drainage analysis

Maglio - a couple of questions on some calculations that can be worked out
minor adjustments to the plan to include some additional details that can all be worked out

Wierling - for the next meeting, can you have some presentation boards for the public to view?

some references need to be adjusted for some minor points
did you apply for the zoning board?
Norman - yes, we'll do that this week

what hours do you anticipate the pickups for some of the disposal items?

Marie DelRapo - Board of Trustees of the abutters
worried about the noise issues, did work up some calculations and came up with some 5 decibles higher than what you had come up with
the closest family would be about 30 feet from the property
find a way to buffer the noise other than the chain link fence as proposed

concerned about the fumes? would need to be vented some how?
what is the plan?

Midas - the vehicles are not running while they are maintained
we are only doing light maintenance, no exhaust fumes like you think might be

Marie - garage doors? open or closed? 

Midas - garage doors are generally open during the summer?
7-6 or 7-7 something in that area

I like the plan, I just want to make it as accommodating as possible

the building of the retaining wall? would blasting be required?
Nutting - you can ask for a pre-blast survey, this is under the fire chief's control

Midas - current plan is to be closed on Sunday

Marie - dumpster and view from the property?
Halligan - screening of that is one of my concerns

Looking for the Board's help in returning the residential feel, it can cetainly be made better

Don - we proposed an arborvite, we can lok at changing that

Marie - we have residents, looking right down into the property
I would like the fence on the retaining wall be thicker and more screening than what is proposed.

Kelly Fitzpatrick from Franklin Crossing
I am concerned about the noise levels, shrubs, 
there are 154 homes to be affected

Halligan - there could have been a Taco Bell there, we are sensitive to the neighbors. Give it a little consideration that something will be going there

There are DEP regulations for what they can do store inside and outside

Bill Laquidera - concerned about the disposal of the tires

Midas - the corporate parent does own tires, so it will be part of our business but it is not our main point of business; the objective is to get it off the site as soon as possible

Halligan - where would you store them?
Midas- maybe in the dumpster area? we'll need to look at. It is a fair concern and I'd like to address it

Marie - presented copies of pictures of dumspter areas in other Midas shops

Midas - I can speak to Warwick, the dumpster tore down the electrical lines so we were in a state of disrepair at the time. It is not an every day occurance

John Carroll - can you put something together to show the residents
Don - yes, we can and will

John - the retaining wall is 7-8 ft high?
Don -  the building is about 8 ft above grade at the steepest part

Midas- one AC unit on the roof, 
John - could you look at how you cover it?

Midas - if cars remain over night, we generally take them in so there is no tempation overnight

Snow storage in multiple spots, I can add more to show it later

Midas - we may do inspection stickers? we do not have a machine in place but it is possible

Comment on the white pines already planted by the Association, Midas likes it and maybe able to add to what is already there

Could you relocate the AC unit to the ground and thereby remove it from the site line?

Midas - we do have drop offs, it would be gentle at that time of the morning

next meeting, January 26th at 7:15 PM
meeting to be continued

meeting adjourned

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