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HomeMy WebLinkAboutPlanning Brd Min_6271990S PLANNING BOARD'S MINUTES JUNE 27, 1990 RECEIVED PRESENT: Chairman Madan, Clerk McClanahan ** PLANNERS: Annino, Caponigro**, Flynn, Quinn 190 SE' -7 Fn 3:46 Shaun P. Burke, Director of Planning and Development MANSFIELD MASSAcHUSETTS 1. Meeting called to order at 7:00 P.M. MOTION: Planner Quinn to be Acting Clerk.' (Flynn - Madan) All in favor. PASSES. 7:05 P.M. - Clerk McClanahan entered the meeting. 2. 7:05 P.M. - :Hodges Brook Estates - 'Public Hearing Ralph Maloon of RIM Engineering presented the twenty -one lot subdivision plan to the Board and the public showing its location and size of thirty -five acres. 7:10 P.M. - Planner Caponigro entered the meeting. Department Head comments were read Public Discussion Doris Hill - 116; Tremont Street Freda Russell - 146 Tremont Street Cora Adam - 152 Tremont Street Dave Flanagen - 56 King Arthur Way Mary.Diggen - 104 Tremont Street Alice Smith - 110 Tremont Street ' Jon .Swartz - 183 Tremont. Street Barbara Stratton - 158 Tremont Street Dave Brown -:128 Tremont Street Robert Sullivan - 105 Tremont Street Darlene Tedeschi -,140 Tremont Street David White - 88 Tremont Street The major concern the abuttors expressed was water problems on Tremont Street existing now and if they would be worsened by this subdivision. i Board Member Comments '.Caponigro - Basins should be .put in front of Tremont Street where sub - division road intersects Tremont Street. Flynn - Maybe there should be another retention area. Testholes in proposed retention area? yes. A waiver may be needed for cross - section requirements. The E.I.S. is skimpy. Quinn - I would like to ask Shaun to write a letter to the Board of Selectmen asking what is causing the water in basements on Tremont Street. Would like Ralph to do an overlay showing what is in the sail. Would like a more in depth explanation of water being in basements. The .applicant should have a sewer .permit before the Planning Board signs the plan. The residents with water problem=_ should call Bob Swanson, Town En- gineer. Letter should be written to Bob Se+anson asking if the sewer line can be extended cc: Sewer, Commissioners. I 8:00 P.M. - The Elms - Conintued Public_ Hearing f .`MOTION: To continue until the conclusion of .Hodges Brook Estates. (Quinn- McClanahan) All in favor. PASSES. Annino - E.I.S. is inadequate. ( There are no footnotes. \ Too general. Doesn't show the impact on Town Services, Schools, etc. Out of date. Doesn't mention the water problem on Tremont Street. Testholes - Soils Reports Feasibility of infiltration system on Tremont Street. Catch basin locations and connection should be looked at carefully. Need a Traffic Study. Street trees should be shown. Sidewalk should be on the side to service the most amount of lots not the .least. Laterals should be put in the sewer line between Lancelot and Hodges Brook. It should be substantiated that the sewer line can handle the capacity. 'McClanahan - We need a traffic report from Lance. Planning Director - Drainage easements should be shown on plan. Additional information on drainage between Lots 18 & 19 and testholes. Documentation of water table elevations in centerline of roadway. .Maybe inlet and outlet of detention area should be offset. Detail of outfall. Typical of infiltrator. MOTION: To require a traffic study. (Annino- Quinn) (1 -5) (Planner Annino in favor.) FAILS. MOTION; To continue on August 8, 1990 at 7:30 P.M. (Quinn- McClanahan) All in favor. PASSES. Planner Quinn requested that the Planning Director look for a lot that would be appropriate for open space. 3. 8:30 P.M. - The Elms - Continued Public Hearing New Correspondence was read by the Clerk. Memo from the Planning Director to the Planning Board i letter from Gay & Gay Attorneys to the Planning Board responding to 'comments made by Department Heads and.ERC. Memo to the Zoning Board of Appeals from the Building Inspector regarding Morse gravel pit and disposition of the special permit, letter attached the Building Inspector from Town Counsel. Memo to the Planning Board from the Health Agent stating the Board of Health's motion to disapprove the subdivision. .Memo from the Health Agent to the Planning Director. Memo to the Health Agent from the Planning Director. Memo from the Engineering Department, Ralph Maloon presented changes that were made to the plan. Size of trees, height of chainlink fence, 12" water main as requested by the Engineering Department. 2 Public Discussion Philip Hunt - It Partridge Lane Richard Morse, Applicant, - 518 Elm Street Board Member Comments Caponigro - Closeness to well site? ( Flynn - If the Board of Health denies the subdivision, the Planning Board has no choice but to deny it. Quinn - No Comments. Annino - Size of plantings shown? yes. Trees Fence, screening Landscaping of island Landscaping of buffer around retention? No, it states to be approved by the Planning Board. Show landscaping of buffer around retention area Planning Director - The laws are clear. If the Board of Health disapproves the plan the Planning Board must also. IIf the plan is denied the Board may want to consider giving the applicant direc- tion as to what other concerns are. MOTION: To close the hearing. ;(Caponigro - Annino) All in favor. PASSES. "MOTION: To have the Town Planner review the plan and memos and come up with '.a recommendation for .July 11, 1990. (Caponigro- Annino) (4 -2) (Quinn -Flynn opposed) PASSES. MOTION: To reconsider the last vote. (Annino- Flynn) (4 -2) (Planners Caponigro & McClanahan opposed.) PASSES. MOTION: To disapprove The Elms proposed subdivision for the following reasons. 1. Memorandum from the Board of Health, dated June 19, 1990, which states that on Friday, June 15, 1990 the Board of Health with three members present voted to disapprove "The `Elms" subdivision plan. 2. Memorandum from Shaun P. BurHe, Planning Director, dated June 273 1990. 3. Memorandum from Ben Couture, Foreman, Water Department, dated December 11, 1989. 4. Memorandum from Lt. Joseph J. Sarro, Fire Prevention Of- ficer, dated May 11, 1989. 5. Memorandum from Patrolman Lance Lawson, Traffic Control Of- r' ficer dated December 12, 1989. I 6.Memorandum from the Engineering Department dated May 15, 1490. 7. The applicant has not submitted sufficient information re- garding proposed ardin the subdivision in relation tc the Town P well site with respect to nitrate loading and surface water' run -off onto the well site. S. Detailed vegetative screening of the retention basin is not shown on the plan. 9. Wildlife shrub barrier is not shown on the plan. 10. Detail of granite curbing not shown on the plan. (Flynn- Quinn) (4 -2) (Planners Caponigro & McClanahan opposed.) PASSES. 4. Motorcycle Shop - Special Permit - VOTE MOTION: To approve the ,Special Permit. (Caponigro- Quinn) Planner Caponigro - Aye. The applicant has a good reputation. The type (BMW) of motorcycles that are going to be worked on and repaired are not noisy. The shop will be an improvement to the site. Planner Flynn.- Nay. The applicant cannot meet several of the criteria listed in the special permit section of the Zoning By -Law. Planner Quinn - May. The application is not in keeping with Sections 5,5.6.2, 5.5.6.2, 5.5.6.3 of the Zoning By -Law. There is an abudance of multi - family residences in this area which would be adversely effected by this type of business. Planner Planner Annino - Nay. There are several traffic and safety concerns. Resi- dents of Rumford Ave. will be adversely effected by the level of noise that will be produced. Test routes for the motorcycles cannot be controlled. The appli- cant did not substantiate how this business will improve the proposed location. Planner McClanahan - Aye. This type of business will not adversely effect the `neighborhood. The applicant has a good reputation. The motorcycles that are to be repaired are not noisy. 'Improvements will be made to the building presently at this location. Officer Lawson's trafffic report does not state - that this business will create traffic problems. Planner Madan Nay. This type of business will not be conducive to the neighborhood. The business will upset the harmony of the residents of the :neighborhood. (2 -4) Planners McClanahan & Caponigro in favor. FAILS. 1 Richard George, applicant, asked the Board if Central Street would be a better location for the Motorcycle shop because it is in the B3 zone. The Board took a concensus. The outcome was that Central Street in the B3 zone would be a better location. MOTION: To get the Buildinq Inspector's official recommendation as to '.whether or not the Motorcycle Shop would require a special permit ( in the B3 Zone. '.cc: Richard George i (Quinn- Annino).All in favor. PASSES. i ��.. 4 5. 9:55 P.M. - Day Care Canter - Janet Kovich - Special Permit - Continued Public Hearin The Clerk read a memo from the Health Agent to the Planning Board Paul Jodice presented the revisions made to the plan to the Planning Board and the Public: widened driveway drainage_ trench lighting shown on plan chainlink fence Board Member Comments: McClanahan = Has the driveway been widened: Yes, to eighteen feet. Annino - Great. Quinn - 'Cannot vote. Flynn - Great. Caponigro - You have addressed all of the concerns. Madan - The applicant has addressed all concerns. Planning Director - I have met with the applicant's engineer; they have have addressed all issues. I recommend the special permit be ,granted. MOTION: To grant the Special Permit. ( Annino- McClanahan) Caponigro - Aye. 'The applicant has put everything on the plan that the Board ha requested. The proposed location is a safe area for children. Flynn - Aye.' The applicant has met all the requirements of both the Planning Board and the Zoning By -Law. Annino - Aye. The applicant has done everything the Planning Board has re- quested. Clerk McClanahan - Aye. The applicant has done everything that the Planning Board has asked for. The day care center will be an asset to the Town. Chairman Madan - Aye. The applicant has done everything the Board has requested. 6. 10 :15 P.M. - Mater Protection District - Special Permit - Robert Brunelle The public hearing notice was read. Department Head .comments were read. Bob.Brunell, applicant, presented the change of the drainage to a gas /oil/ water separator. Board Comments Annino - Retail sales now? Yes. Enough parking spaces? Yes. Is the gas trap inside or outside? Outside. Would like to see a site sign. Correct locations of gas traps should be shown on plan Flynn — Does cleaning or repairing the radioators cause toxic? Cars and trucks? Yes. Annino - Dumpster location and pad should be shown on the plan. No. MOTION: To close the hearing. MOTION: To approve the special permit with the stipulation that the gas trap and dumpster locations be shown on the plan within twenty days. (Quinn- McClanahan) Caponigro - Aye. The proposal complies with the Zoning By -Law. Flynn - Aye. The propsal complies with the Zoning By -Law. Quinn - Aye. The proposal complies with the Zoning By -Law. Annino - Rye. The proposal complies with the Zoning By -Law. 5 McClanahan Aye. The proposal complies -with the Zoning By Law. :Madan - :'Aye. The proposal complies with the Zoning By -Law. (5 -0) PASSES. ` 7. 10:45 P.M. - Shiloh Drive Residential Compound - Special Permit - Public Hearing Chairman Madan stepped down from the Chair. Clerk McClanahan became Acting Chairman, Planner Quinn became Acting Clerk. Correspondence Department Head Comments were read. Memo from the Planning Director to the Planning Hoard. Memo from the Engineering Department to the Planning Board. Memo from the Conservation Commission to the Planning Board. Memo from the Water Department to the Planning Board. Memo from Lance Lawson, Traffic Engineer, to the Planning Board. Ralph Maloon and James Lewis presented the plan to the Hoard and the public. This proposal is for a fire (5) lot residential compound on 13 acres of land off the end of a cul -de -sac. Public Discussion `Brian Dolizart - 9 Shiloh Drive Bruce Barker - 18 Shiloh Drive Celia Baker Theresa Kirejczyk - 10 Shiloh Drive John Parsons 15 Goward Drive Helen Colby - 6 Shiloh Drive Philip Beatty - 24 Shiloh Drive :Board Comments Caponigro - I don't see why we could deny this permit. We have to change the by -law. Flynn - The roadway, right-of-way, is an extension of a dead -end street, which are not allowed in the regulations. I also have a concern with safety. Quinn -It is against Sections 5.5.6.1, 5.5.6.2, 5.5.6.3 of the Zoning By- Law.. Both the Police and Fire Departments have expressed concern for public safety .`issue. Annino - Big problem with an extension of a dead -end street. This proposal does not promote safety and welfare of inhabitants of development. This will increase homeowners traffic. Public safety concern. Planning Director - When this plan came before the Planning Board in February, the engineer . was informed that 3 out of 4 members did not think that this proposal was in keeping the Residential Compound Section of the Zoning By- Law. NOTION. To close the hearing. (Quinn- Flynn) All in favor. PASSES. MOTION: The special permit be approved. .(Quinn- Annino) Caponigro - Aye. The proposal conforms to the Zoning By -Lav+. The water and septic issues would be addressed by the Board of Health. Flynn - Nay. This is an extension of a dead -end street. There are many P ublic safety issues as cited in Lieutenant Sarro's memo dated t memo dated May 1990. and Patrolman Lance Lawson's m y , June 6 1990 , ' c Quinn - Nay. The proposal does not adhere to Sections 5.5.6.1, 5.5.6.2, 6 5.5.6.3 of the Zoning By Law, nor does it promote the general welfare of the community. There are serious public safety issues as referenced in Lieutenant Sarro's memo dated June 6, 1990 and Patrolman Lance Lawson's memo dated May 29, 1990. 11 would like to also refernence the Planning Director's memeo dated June 27, 1990 in which it is stated that this proposal does not adhere to the intent of the Residential Compound By -Law. ( Annino - Nay. The proposal derogates from the intent of the Zoning By -Law, Master Plan, and residential compound ,type development. McClanahan- Aye. This proposal complies with the Residential Compound section of the Zoning By -Law. (2 -3) (Planners Caponigro and McClanahan in favor.) FAILS. Chairman Madan returned to the meeting. 8. Form A '(ANR) Plan r Marcella'Tatem - Mill Street MOTION: To sign. (Quinn- McClanahan) All in favor. 'PASSES. 9. 11:00 P.M. `= Omega Place - 'Public Nearing Request for continuance until August 8, 1990 at 9:00 P.M. MOTION: To continue the hearing for Omega Place until August 8, 1990 at 9:00 P.M. (McClanahan- Quinn) All in favor. PASSES. 10. Corresondence Letter from CJD Construction to the Planning Board regarding Mansfield 1 Manor 'Memo from the Town Manager to the Planning Board regarding King Street MOTION: Chairman Madan to represent the Board at the meeting. (Quinn- McClanahan) All in favor. PASSES. Letter from Bill Lenahan to the Mansfield Manor regarding Mansfield Manor bond releases. MOTION: To authorize the Planning Director to negotiate with Mr. Lenahan. (Quinn- McClanahan) All in favor. PASSES. Copy of a letter from Cabot, Cabot, & Forbes to Richard Lewis. Memo to the Town Manager from the Planning Director regarding Giles Place Memo from the Town Manager to the Board of Selectmen regarding a meeting with the Stearns Avenue residents. Zoning Board of Appeals Statement of Facts - Gary Bryant - GRANTED ( Steven Reynolds - Thornton Road - GRANTED Kevin McNatt - 'GRANTED William Allard - GRANTED Form A (ANR) Plans Robert Barrows - Fruit Street NOTION: To table. (Flynn- McClanahan) All in favor. PASSES. 11. Around th Talbe PlannerFlynn. - The.Board voted on the .length of a cull -de -sac subdivision amendment without a full Board. MOTION: To reconsider the vote. '(Annino- Flynn) All in favor. PASSES. �... 7 MOTION: To leave the cul -de -sac length at 650' to be in keeping with safety and density factors. Every other .Town around Mansfield has acul -de -sac .street length of..600', 500', 550'. (Flynn- Annino) (1- 5)(Planner Flynn in favor.) FAILS. MOTION: To reconsider last vote. (' (Quinn- Flynn) (0 -6) PASSES. 12. ADJOURNMENT 12:30 Clerk's Signature r - t- Date of Approval 1 E•1