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.
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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.
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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.
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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.
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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
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in the B3 Zone. '.cc: Richard George
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(Quinn- Annino).All in favor. PASSES.
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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.
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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
,
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Quinn - Nay. The proposal does not adhere to Sections 5.5.6.1, 5.5.6.2,
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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
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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.
�...
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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
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