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HomeMy WebLinkAboutPlanning Brd Min_1021991PLANNING BOARD MINUTES October 2, 1991 PRESENT: Chairman Madan, Clerk Cadden PLANNERS: Caponigro, Flynn, McClanahan *, Quinn* Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. Planning Session - 7:30 P.M. RECEI VEO T0','1 CF li:'!cjSFIEI D 91 OCT 24 PM 12: 53 I €N, .' €S,� V -I.D tiASSAC`11US)E1 Too Memo to the Board of Selectmen from the Planning Board requesting that a Special Town Meeting be held to entertain a question to spend the court award of $133,000 plus interest to complete the Mansfield Manor subdivision MOTION: To send the letter to the Board of Selectmen. (Flynn - Cadden) (4 -0) PASSES. Michael Cadden updated the Planning Board on the Solid Waste Committee's progress and SRPEDD's role. Correspondence Letter from Volterra, Goldberg & Mangiaratti to the Planning Board regarding Mansfield Manor judgement Memo to Shaun Burke, Planning Director, from Dan Clifford, Subdivision Inspector, requesting that a bond in the amount of $75,000 be set for Alchemist Court Draft surety for the Alchemist Court subdivision with Amwest MOTION: To table until the original bond is received. (Flynn - Cadden) (4 -0) PASSES. 4. 8:00 P.M. - Hallett Crossing II Phases II and III - Modification Public Hearing Clerk Cadden read the public hearing notice. Ed Marcheselli of Walmark Corporation, applicant, stated that he would like the completion date for Phase II to June 30, 1991 and Phase II to November 1, 1993. Public Comment: Jean Brady, 9 Emerson Circle - Carol Coin, Fruit Street Time frame for final coat of pavement Plowing Responsibility Postal Service Phase III completion Sidewalk locations, curbing Entrance way landscaping responsibility age -2- October 2, 1991 Planning Board Minutes Ron Poron, 485 Fruit Street - Sigtt distance to left at entrance Board Members: Planner Flynn - Completion of Phase III Chairman Madan - Phase III Surety \Completion Planner Caponigro - Phase III Completion Clerk Cadden - Number of winters binder course has been through MOTION: To extend the completion date for Phase II to June 30, 1992, and Phase III to November 1, 1993 with the following conditions and notes to be placed on the plan within the twenty -day appeal period: 1. Prior to requesting any certificates of occupancy for any structure within the subdivision, all street lights and the fire alarm system shall be fully operational. In the case of the fire alarm system, it shall be the owner's or developer's responsibility to extend the fire alarm cable to the location of the nearest existing municipal fire alarm circuit. It shall be the developer's responsibility to pay for the cost of lighting until the time of acceptance of the way at Town Meeting. 2. A temporary ten (10') foot construction easement to allow for planting of trees and anv sloping or grading that may be required to install sidewalks and/or street trees shall be added to the plan where ownership has not be transferred. 3. Completion of all roadways, drainage areas, and other improvements required by the Rules and Regulations Governing Subdivision of Land within Hallett Crossing II Phase II shall be completed by June 30, 1992. This note shall be written on that portion of the plan to be recorded at the Registry of Deeds. 4. Completion of al. other improvements Regulations Governing Hallett Crossing II November 1, 1993. Ti portion of the plan Deeds, roadways, drainage areas, and required by the Rules and Subdivision of Land within Phase III shall be completed by its note shall be written on that :o be recorded at the Registry of Page -3- ( )ctober 2, 1991 Planning Board Minutes 5. No certificate of occupancy shall be applied for or issued for any structure having its frontage on Jefferson Road until Jefferson Road and the sidewalk is at binder course of bituminous concrete. 6. No certificate of occupancy shall be applied for or issued for any structure having its frontage on Emerson Circle until Jefferson Road, Emerson Circle, and the sidewalk is at binder course of bituminous concrete. 7. Title to each lot shown on this plan located within the Town of Mansfield is subject to the right reserved to the common grantor to convey to the Town of Mansfield an easement with respect to the streets and ways shown on the plan for all purposes for which streets and ways are commonly used in the Town of Mansfield, upon acceptance of such streets and ways by the Town. (Cadden - Flynn) (4 -0) PASSES. *Planner McClanahan entered the meeting. 6. Correspondence Copy of Rosemont Development's complaint which was filed to appeal the decision for Shannon Lane Residential Compound Memo from Bert Cook, Building Inspector /Zoning Enforcement Officer requesting a recommendation from Planning Board on a request from Karl Clemmey to remove material stockpiled on Copeland Drive At this time, the Planning Board discussed whether or not the material would actually be considered "surplus" material, MOTION: The Planning Board is favorably disposed to the removal of the stockpiled material. (Cadden - McClanahan) (5 -0) PASSES. 5. 8:30 P.M. - Katherine Court Continued Public Hearing Karl Clemmey presented the revisions made to the plan that the Planning Board had requested. Shaun Burke, Planning Director, stated that he thought Mr. Clemmey had made all revisions to the plan that the Board asked him to make. Page -4- October 2, 1991 Planning Board Minutes MOTION: To approve the following requested waivers, which shall be attached to the plan. 1. Section IV.A.3. - To allow for a forty foot (40') roadway from Station 0 +0 to Station 0 +79.11 rather than the required fifty foot (50') roadway. 2. Section IV.A.2.e - To allow for no radius on the westerly intersection of Katherine Court and Old Farm Road. 3. Section IV.H. - To allow for a sidewalk on one side only rather than on both sides as required. 4. Section IV.E.2. - To allow for granite curbing at radii and bituminous concrete curbing in all other areas. (Flynn - McClanahan) (3 -2) Planner Flynn and Clerk Cadden Opposed. PASSES. MOTION: To approve the plan with the amendments put on the plan, with the attached waivers, with the following conditions and notes to be placed on the plan within the twenty -day appeal period: 1. Prior to requesting any certificates of occupancy for any structure within the subdivision, all street lights and the fire alarm system shall be fully operational. In the case of the fire alarm system, it shall be the owner's or developer's responsibility to extend the fire alarm cable to the location of the nearest existing municipal fire alarm circuit. It shall be the developer's responsibility to pay for the cost of lighting until the time of acceptance of the way at Town Meeting. 2. A temporary ten (10') foot construction easement to allow for planting of trees and any sloping or grading that may be required to install sidewalks and /or street trees shall be added to the plan. The following notes shall be written on the portion of the plan to be recorded at the Registry of Deeds: A. "Completion of all roadways, drainage areas, and other improvements required by the Rules and Regulations Governing Subdivision of Land shall be completed within two (2) years from the date of the posting of surety or release from covenant." Page -5- October 2, 1991 Planning Board Minutes B. "No certificate of occupancy shall be applied for or issued for any structure having its frontage on Megan's Way until Megan's Way and the sidewalk is at binder course of bituminous concrete." C. "Title to each lot shown on this plan located within the Town of Mansfield is subject to the right reserved to the common grantor to convey to the Town .of Mansfield an easement with respect to the streets and ways shown on the plan for all purposes for which streets and ways are commonly used in the Town of Mansfield, upon acceptance of such streets and ways by the Town." (Flynn- McClanahan) (4 -1) Clerk Cadden Opposed. PASSES. 6. Correspondence Copy of Rosemont Development's complaint which was filed to appeal the decision for Shannon Lane Residential Compound Memo from Bert Cook, Building Inspector /Zoning Enforcement Officer requesting a recommendation from Planning Board on a request from Karl Clemmey to remove material stockpiled on Copeland Drive At this time, the Planning Board discussed whether or not the material would actually be considered "surplus" material. MOTION: The Planning Board is favorably disposed to the removal of the stockpiled material. (Cadden - McClanahan) (5 -0) PASSES. Memo to the Planning Board from Shaun Burke, Planning Director, regarding the incomplete Dei \Blandori subdivision Memo from Dan Clifford, Subdivision Inspector, to Shaun Burke, Planning Director, stating an estimate to complete the Dei \Blandori subdivision MOTION: To hold a modification \rescission hearing on October 23, 1991, at 8:00 P.M. for the Dei \Blandori subdivision. (Flynn- Cadden) (4 -0 -1) Planner Caponigro Abstains. PASSES. Memo to the ZBA from Shaun Burke, Planning Director, regarding re- visions made to a site plan for 157 Pratt Street Zoning Board of Appeals Statement of Facts Nancy Gray McNeely - 888 South Main Street - Denied Leonard Cooper - Denied Page -6- October 2, 1991 Planning Board Minutes Zoning Board of Appeals Recommendations Cabot Partners from Section 4 Schedule 4.2.2 of the Zoning By- Law to reconfigure three parcels defined as follows: Assessor's Map 44, Lots 224A. 224B and 216 creating two lots with less than the required frontage in the I -1 Zone. MOTION: To send a positive recommendation to the Zoning Board. (Cadden - McClanahan) (5 -0) PASSES. Cabot 4.2.1 and Section required frontage on I -1 Zone. MOTION: To send a positive recommendation to the Zoning Board. (Cadden - McClanahan) (5 -0) PASSES. Jeffrey Elofson from Section 3 10 3 and Section 4 Schedule 4.2.1 of the Zoning By -Law to convert a single- family dwelling at 32 Branch Street to a two - family dwelling with less than the required minimum lot area, an expansion of a non - conforming use in the R -3 Zone. MOTION: To send a positive recommendation to the Zoning Board. (Caponigro - McClanahan) (0 -5) FAILS. MOTION: To reconsider the last two variance recommendations for Fleck and Debruyn. (Flynn - Caponigro) (5 -0) PASSES. MOTION: To delete motions and discussions from the minutes on the last two variance applications of Debruyn and Fleck because the hearings have already been held by the Zoning Board. (Flynn- McClanahan) (5 -0) PASSES. Minutes of September 4. 1991 and September 18, 1991 MOTION: To approve the minutes of September 4 and 18, 1991. (Flynn- Cadden) All in favor. PASSES. 8. Public Discussion (, Karl Clemmey of 390 West Street inquired about Section 5.5.1 of the Zoning By -Law and Special Permit Granting Authorities. Page -7- October 2, 1991 Planning Board Minutes Mr. Clemmey also requested that Shaun Burke, Planning Director, look at the relationship of the industrial park's variance lots to the proposed soccer field in the industrial park. 9. MOTION: To go into executive session (McClanahan - Caponigro) Clerk Cadden: Aye. Planner Flynn: Aye. Planner McClanahan: Aye. Planner Caponigro: Aye. Chairman Madan: Aye. to discuss litigation. Page -9- October 2, 1991 Planning Board Minutes 10. After a status report of the Whitetail Acres subdivision the following votes were taken: MOTION: To rescind the Form J Release for all lots in ownership of School Street Realty Trust in the Whitetail Acres subdivision. (Cadden - Flynn) (6 -0) PASSES. MOTION: To hold a modification \rescission hearing on November 6, 1991, for the Whitetail Acres subdivision. (McClanahan - Cadden) (6 -0) PASSES. 11. 10:00 P.M. - Adjournment > -Cccc -- /I A Clerk's Signature Date of'Approval