HomeMy WebLinkAboutmin of planning brd 05/22/02
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Planning Board Minutes
May 22, 2002
Tom French, Chair; Bernie Dolan, Clerk; Roger Achille, Ken Torman, Tom McShane,
Walter Jenkins; Shaun P. Burke, Director of Planning and Development
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Motion: To appoint Mr. Achille Acting Chair (Torman-Dolan) All in favor. PASSES
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1. May 8, 2002 Minutes
Motion: To approve as submitted (Dolan-Torman) All in favor. PASSES
2. ZBA Application for Finding - 67-75 South Main Street - Vince and Mary Anne
Botti - Sideyard Setback. The application is for the addition of a second floor to an
existing one-story structure off the back of the house, which will not increase the
existing non-conformity. Because of structural problems, the existing single story
will be removed and rebuilt as a two-story structure.
Motion: To send the ZBA a positive recommendation
(Dolan-Jenkins) All in favor. PASSES [Mr. French arrived at this time.]
3. ZBA Application for Variance - Essex Street - Town of Mansfield Conservation
Commission - Unpaved Parking Lot and Sign Larger than Allowed
As part of the state grant that helped with the purchase of this conservation land, a
parking area and sign must be installed. .
Motion: To send the ZBA a positive recommendation
(Achille-Dolan) All in favor. PASSES
4. ZBA Application for Variance - 500 East Street - Highway Garage
As part of an Eagle Scout service project, Mansfield student Andrew Hoy would like
to construct a permanent informational sign to replace the temporary one at the
Highway Garage. The sign will be larger than the allowed three square feet.
Motion: To send the ZBA a positive recommendation
(Dolan-Achille) All in favor. PASSES
5. Request for Partial Release of Surety - Ridgeview EstateslMemo from Jack Smith,
Subdivision Inspector, recommending the release of $70,915.00 for completed work.
The remaining balance will be $84,317.00
Motion: To release $70,915.00 (Dolan-Achille) All in favor. PASSES
6. Request for Final Release of Surety - Cobbler RoadJ1\.1emo from Mr. Smith
recommending the remaining balance of $2,984.00 be released
Motion: To release the remaining balance (Torman-Dolan) All in favor. PASSES
7. Memo from Brad Melo, Coastal Engineering, re: Light Department Site Plan -
Gilbert Street
Motion: To schedule the site plan review for June 5, 2002 at 7:45 p.m.
(Dolan- Torman) All in favor. PASSES
11. ZBA Decision - 58 East Street - Granted
12. Meeting Notices: Attleboro, Foxboro, Norton, Plainville, North Attleboro, ITPG
13. Notice of Public Information Sessions - Community Development Block Grant
14. Planning magazine
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The clerk read a request from the applicant's engineer to continue the public hearing
Motion: To continue the public hearing to June 19,2002 at 8:15 p.m. (Dolan-Torman)
All in favor. PASSES
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Landowner Ron Bonvie explained this parcel is approximately 100 acres on the west side
of Gilbert Street. The wetland lines and vernal pools have been staked with the
Conservation Commission. Mr. Bonvie explained this is part of 300 acres he and his
partner, Al Paglia, own, all of which they plan to eventually develop. He said they
expected to construct a gated community with 37-40 estate lots and a packaged sewer
treatment plant to handle approximately 16,000 gallons per day. He explained most of
the plant would be underground and would be maintained by the homeowner's
association.
Mr. Bonvie said he is not interested in clustering, but would rather do very large, multi-
acre lots, many of which would have some wetlands and vernal pools. Mr. French asked
about the vernal pool and wetland lines, some of which are entirely within lots shown on
the plans. Mr. Bonvie said all of the lots shown should conform to zoning requirements,
however, at this point, only the wetland lines have been established.
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Both plans show two entrances. Mr. Dolan asked how long the roadway would be
between lot 18 and the end of the cul-de-sac; Mr. Maloon said it would be approximately
1,300 feet. J\1r. Burke said that would be nearly double the allowed length. l\.1r. Bonvie
said he had considered purchasing adjoining properties, which may help with the
roadway length.
Mr. Bonvie asked if increasing the roadway length to avoid wetland crossings would be a
benefit to the town; l\..1r. French said the wetland filling would be limited. Mr. Bonvie
said he expected the roads would remain private and he would maintain them; Mr. Burke
said they would still have to be built to the town's standards, like any residential
compound. He added this would be on a much larger scale than a compound; the long
cul-de-sac makes service delivery more expensive and adds public safety concerns.
Mr. French advised Mr. Bonvie that all the board could give is a first impression, but that
could change significantly with a more in-depth plan. Mr. Bonvie said he understood,
asked for the board's initial input on the idea, and asked if the board would like him to
come back to another meeting before doing a preliminary plan. Mr. Dolan said he did not
think coming back without a more detailed plan would be useful.
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Mr. McShane asked if there would be any waivers requested other than the length of the
dead-end road. Mr. Maloon said the distance between cul-de-sacs may require a waiver.
He added the drainage system would be all detention because of groundwater issues. !vIr.
Bonvie said the Conservation Commission would likely want as few crossings as
possible, which may effect the width of streets and sidewalks. Mr. McShane asked how
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much wetland filling would be necessary. Mr. Maloon said on either plan, the 5,000
square foot wetland filling would be exceeded.
Mr. Bonvie explained the smallest lots would be about 60,000 square feet, which are the
Form A lots on Gilbert Street; he said they would not build those lots without the rest of
the development. :Mr. !\.1cShane said the gated community concept may not be
considered a benefit to the town. Mr. Bonvie said the benefit would be that the roads
would remain private, so the town would not have to provide services, but would still
have the tax benefits. He said they could build many more 60,000 square foot lots on
this site with a regular subdivision.
Mr. Burke suggested that in addition to working on the street length issue, the developer
put together a narrative about how the process of this development would work. Mr.
Bonvie said he would do that. Mr. French said he was concerned about the precedent this
might set. Mr. Bonvie said he was planning to comply with the Subdivision Regulations
unless another board, like the Conservation Commission, requests a derogation, at which
time he would request waivers.
Mr. McShane said the board would take comments regarding the roadway length from
the Fire Department very seriously.
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Mr. Jenkins said the board should also consider the number oflots on the cul-de-sac road;
even though it is longer than allowed, there are fewer lots than there could be on a regular
subdivision roadway of a similar length. Mr. Dolan agreed the biggest benefit to this
proposal is the number of homes compared to the number allowed under a traditional
plan. Mr. McShane said he wasn't sure the number of homes would be much larger in a
traditional subdivision, given the amount of wetlands on the site. He added that
regardless of the plan, a state wetland filling permit would be necessary for the fuling of
over 5,000 square feet of wetlands.
Mr. Bonvie thanked the board and said he would begin work on a preliminary plan.
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The clerk read the public hearing notice for a seven-unit apartment building on a 7,532
+/- square foot parcel of land at 9 Pratt Street in the Bl zone.
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Ralph Maloon, R.II\.1 Engineering, explained the plan, including easements, parking and a
new building. Mr. Maloon explained this is a critical drainage area, which used to flood.
Soil testing was done in an attempt to put the water into the ground, which will not work.
The elevations of the surrounding buildings make it impossible to do that; instead, there
will be a single catch basin picking up the parking lot water and sending it to a retention
basin with a concrete base, concrete walls and infiltrators for storage space. A large
detention chamber will be installed underground with landscaping on top, and will be
large enough to hold the 100-year storm event from the building and pavement, then
release it slowly.
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:Mr. Folkman explained he also owns 50 Crocker Street, a parcel adjacent to this site.
Thet"e is an existing duplex at 17 Pratt Street, which has been renovated and will remain a
duplex. The easements were developed so 17 Pratt would have sufficient parking spaces
on the 9 Pratt Street site, with one curb cut at that address. The proposed new building
will be similar to the building constructed at 65 Crocker Street. The biggest issue has
been drainage, and Mr. Maloon has been working on that with the Engineering
Department. There will be 10 parking spaces for the new building, which is a sufficient
number. They also own an adjacent small parcel, which could accommodate another few
parking spaces at some point in the future. The Meineke building was built on pilings,
but this building will not have to be.
The clerk read comments from Lt. Towne, Ptlm. Lawson, Mr. Field, Mr. Gaffney, and
:Mr. Burke, along with responses from ~1r. Maloon. Patrolman Lawson's comments have
been satisfied. Mr. Field's drainage system comments have been satisfied by a revision
in the system design, but a backflow preventer must be installed on the discharge line to
prevent flooding. Mr. Maloon said that has not yet been added to the plan, but will be.
He explained that during the 100-year storm, water would go into the underground
system; the pipe outlet is 10" and as the street water rises, the flow is blocked for about
40 minutes, so the stormwater will be stored before going into a catch basin on Crocker
Street. ~fr. Folkman said there hasn't been a flood in the area since the Meineke building
and its new drainage was constructed. I\1r. Burke's comments have been addressed.
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Public Comment
Richard Blandori, 10 Pratt Street, said he was opposed to the plan. He said his cellar
floods in heavy rain and snow, and he was concerned that the four parking spaces for the
adjacent property would not be usable. Mr. Zola explained that parking configuration
was approved by the Building Inspector. :Mr. Blandori said there is already heavy traffic
in the area with several multi-family buildings, and the zone should be for commercial
development. He was concerned about additional noise, pedestrian traffic, and
insufficient lighting.
Mr. French said the Town Engineer has reviewed the drainage calculations and the
proposed system will accommodate the proposal; however, the developer is not
responsible for existing drainage problenls in the area. Mr. Blandori said the existing
drainage in the street will never be taken care of, and this will make it worse. I\1r. French
explained the underground system will take care of the drainage from the new
development.
Board Comment
Mr. Jenkins said it appears some of the water problems will be mitigated with the new
holding tank; he added this use might be better for the neighborhood than some of the
other allowed uses.
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Mr. McShane said under the special permit, the board has to determine that the benefits
outweigh the detriments to the town. Mr. Folkman said he believes the benefits would
be: a housing stock that is not being supplied right now on a lot that has been vacant for
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many years; taxes will be paid on a building rather than a vacant lot; the units are one-
bedroom, so there will be no school children; the lot will be cleaned up; and this may
spur some redevelopment of the north end of town. Mr. Folkman said he and Mr. Zola
may reduce the building to six units with four one- and two two-bedroom units, which
would not change the footprint or the parking requirements. Mr. McShane said he would
have like to have seen more narrative on the benefits submitted prior to the public
hearing. Mr. Dolan agreed, although he said he could see the benefits. Mr. Folkman said
they had considered business uses, but felt a residential use would be more beneficial
because of the location.
Mr. Jenkins said special permit requires the developer to make more of a case for the
benefit of the use, rather than an allowed use, which is assumed to have a benefit.
Mr. Achille asked about Mr. Gaffney's comments; Mr. Folkman said they would have to
talk to Mr. Gaffuey about his request for separate meters.
Mr. Burke said the site isn't attractive now, and a new building would be an
improvement; from a tec1mical perspective, the department head comments have been
addressed, and he said downtown residential development has helped to keep that area of
town alive. He said he could see a benefit rather than a detriment to the proposed use.
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Mr. Folkman explained they have a 30-day minimum stay in their furnished units. The
tenants are primarily business people, some members of the Patriots, and families in
transition waiting for houses to be built. They have relationships with local businesses
like the Foxboro Company and the industrial park, which keep the apartments full.
Motion: To grant the special permit because the applicant has met the technical
submission requirements of the by-law and the benefits outweigh the detriments; the staff
comments have been addressed; Mansfield has a continued need for this type of housing.
All outstanding staff comments must be addressed, specifically Mr. Gaffney's comment
regarding the meters, and Mr. Field's comment about the backflow preventer.
(Achi11e- Torman)
Torman - In favor. The benefits outweigh the detriments, both in taxes and making more
housing available.
Jenkins - In favor. I understand the business argument with regard to the site and think it
would be a stretch to develop other permitted uses. I believe sufficient information and
arguments have been submitted to prove the benefit to the community.
McShane - Abstain. I do not feel like I have had sufficient time to review the
information.
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Dolan - In Favor. The development will be an improvement, will provide tax revenue
and a much needed housing stock
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Achille - In favor. The applicant has met the technical submission requirements of the
by-law and the benefits outweigh the detriments; the staff comments have been
addressed; and Mansfield has a continued need for this type of housing.
French - In favor. I believe the applicant has made the argument to meet the criteria
required for a special permit; the benefits are in housing, taxes, and a benefit to
downtown.
Five in favor. One abstention. PASSES
Motion: To close the public hearing (Dolan-Achille) All in favor. PASSES
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Mr. Jenkins told the board about the work the IDC has begun on the town's marketing
plan and the hiring of a consultant, Steve Campbell of Winchester Capital.
Mr. Dolan asked about progress on the train station. Mr. Burke said there had been some
question about a third set of rails, and by adding that changes the elevations. Amtrak has
given VHB the elevations necessary to change the plans so the tracks meet correctly.
Mr. Dolan asked about the Elm Street bridge repair. Mr. Burke said that bridge will be
repaired before the School Street bridge, and will be advertised this year. One of the
concerns is having both bridges closed at the same time, along with the \\tilliams Street
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Mr. Dolan asked about the progress on Erin's Centre; Mr. Burke said the traffic engineers
are putting together the 100% plans for MassHighway. The appeal of Royal Oak Realty
Trust has been withdrawn without prejudice.
Mr. McShane said while he believes most of the Master Plan still holds true, he suggested
it might be time to look at the traffic section. He said the most complaints he hears are
about traffic and suggested the board think about some alternatives and/or getting input
from a professional traffic person to look at the issue. Mr. French said a huge impact on
traffic will be the number of parking spaces at the train station, which may be as high as
1,600. Mr. Burke said there probably will not be that many spaces because of the
resident parking parcels, to be owned by the town, but which are less likely to be
purchased in the current economy. However, there is nothing to stop the MET A from
buying those parcels.
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Motion: To adjourn at 10:30 p.m. (Torman-Dolan) All in favor. PASSES
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Date of next meeting: June 5, 2002 at 7:30 p.m.
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Signature of "Clerk (
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Date of Approvai