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HomeMy WebLinkAboutPlanning Brd Min_6261991PLANNING BOARD MINUTES June 26, 1991 PRESENT: Chairman Madan, Clerk McClanahan PLANNERS: Annino, Cadden, Caponigro, Flynn, Quinn Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.N. 2. 7:30 P.M, - Planning Session The Planning discussed a recommendation to give to the Board of Selectmen for use of the old Post Office building. The Planning Board discussed the following: Michael Cadden to contact Mike Morizic, public vs. private use, youth center, swap Paine School with old Post Office 3. Correspondence - Letter to the Planning Board from Walmark Corporation stating that the Van Koert Farms subdivision has been completed - Memo from Dan Clifford, Subdivision Inspector, to Shaun Burke, Director of Planning and Development recommending that the remaining balance of the surety for the Van Koert Farms subdivision be released at this time - Memo from Dan Clifford to Shaun Burke regarding puddling within the Van Koert Farms subdivision - Memo from the Engineering Department to the Planning Board stating that the Van Koert Farms subdivision complies with the Rules and Regulations of subdivisions MOTION: To release the remaining balance of the surety being held for the Van Koert Farms subdivision. Also, send a letter to the Board of Selectmen informing them of the release, that the subdivision complies with the Rules and Regulations, and if a Special Town Meeting is held in the fall, Helena Circle and Potash Road should be placed an the warrant for acceptance. (Cadden - Quinn) (6 -0 -1) Clerk McClanahan abstains. PASSES. 4. 8 :00 P.M. - Shannon Lane - Residential Compound - Continued Public Hearing MOTION: To continue for fifteen minutes. (Quinn - McClanahan) All in favor. PASSES. 5. Corrspondence - Memo to William Williams, Town Manager, stating streets for acceptance from 1970 -1988 - Memo from Robert Swanson to the Planning Board requesting subdivision amendments - Letter from Fruit Street Realty Trust to the Planning Board stating a completion schedule for Mansfield Manor - Fax from Bob Mangiaratti, Town Counsel, regarding Mansfield Manor MOTION: To discuss both pieces of correspondence during an executive session at our next meeting. (McClanahan- Quinn) All in favor. PASSES. - Letter from Town Counsel with an enclosed sample Order of Taking for street acceptances - Memo to the Town Manager from Shaun Burke regarding Northridge Estates and Eastleigh Estates proposing a common street name I Page -2- June 26, 1991 Planning Board Minutes - Letter from Bert Cook, Building Inspector /Zoning Enforcement Officer, to Karl Clemmey regarding operation of a fast food facility on his property - Letter from Bonwood Company to Bert Cook regarding surplus material removal MOTION: To send a positive recommendation to the Building Inspector and state that the Planning Board formally concurs with the Building Inspector's opinion that this does not require a special permit. (Quinn - Cadden) All in favor. PASSES. Site Plan Review - Hurley MOTION: To continue until a variance is granted. (Quinn - McClanahan) All in favor. PASSES. 6. B:15 P.M. - Shannon Lane - Residential Compound - Continued Public Hearing Board Member Comments Planner Flynn - Concerned with configuration of openspace - Concerned with residential compounding being located off an existing subdivision - Density - Open space area criteria Planner Annino - Size of houses should be shown on plan - Types of houses should be shown on plan - House drainage should be shown on plan - Bridge: Material to be used should be shown on plan ( - Amount of fill to be brought to site - Amount of vegatation to be removed - Borings in driveway? No. - Driveway lighting? No. - Utility type? Underground. - Fire hydrant locations - End of cul -de -sac - Entrance of subdivision on East Street - Adjacent driveway and house locations within 100' should be shown Percent lot cover for: driveways, structures, wetlands MOTION: To open the hearing for Balcom Ridge and continue at the end of this hearing. (McClanahan - Quinn) All in favor. PASSES. Planner Annino - How is this proposal in the best interest of the Town? four and one -half acre lot - 2 homes sites people are happy in the other residential compound creates affordable housing and neighbors don't complain about it Concerned with one subdivision lot being turned into a two -lot residential compound - Intent of residential compound Planner Quinn - Culvert loss /public safety issue MOTION; To deny the special permit based on the fact that it is not in ( keeping with the residential compound by -laws, it doubles the Page -3- June 26, 1991 Planning Board Minutes density in an area that is marginal at best with the amount of wetlands, and essentialy creates a cul -de -sac off a cul -de -sac. (Annino - )WITHDRAWN MOTION; For a positive vote. (Annino- McClanahan) WITHDRAWN CONCENSUS: Planner Caponigro - In favor. In my opinion, I think it complies with what was presented with Master Plan. Open space looks fine, but there is two acres in front. Clerk McClanahan - In favor. In harmony with neighborhood. There is alot of open space. Planner Annino - Opposed. It is not in keeping with the residential compound by -laws, it doubles the density in an area that is marginal at best with the amount of wetlands, and essentialy creates a cul -de -sac off a cul -de -sac. Planner Quinn - Nay. It doesn't appear to conform with the intent of the by -law. The shape of the open space and Shaun Burke's memo dated April 17, 1991. Planner Flynn - Nay. It derogates from the intent of the Zoning By- Law and Section 5.7.2.4 which refers to open space. There is two acres of open space in front that is essentially wetlands. Planner Cadan - Aye. I think it is a good use of the area and space. I think it does conform to the specs of the residential compound by -law. Chairman Madan - Aye. I think it does comply with the residential compound by -law. The applicant has shown us a traditional plan as well as the open space. The abutters seem to be in- favor of this proposal. The proposal blends in with the existing neighborhood. (4 -3) CONSENSUS VOTE MOTION; For Shaun draft a positive decision. (Quinn - McClanahan) All in favor. PASSES. MOTION: To continue the hearing on August 21, 1991 at 8:30 P.M. (McClanahan - Cadan) All in favor. PASSES. 7. 9 :05 P.M. - Balcom Ridge Rescission Public Hearinq Clerk McClanahan read the public hearing notice.- Correspondence Letter to F.D.I.0 from Dan Clifford, Subdivision Inspector, dated June 14, 1991 stating remaining wort: to be completed within the subdivision and cost estimate of same Shaun Burke, Planning Director, stated that the Planning Board is in receipt of a check from the F.D.I.0 in the amount of $27,512.00 to complete the Balcom Ridge subdivision Public Discussion Alex. Lapardis - 18 North White Pine Lane - Showed pictures of the entrance of Hickory Terrace taken last winter which showed a sheet of ice in the roadway at the subdivision er, trance Page -4- June 26, 1991 Planning Board Minutes Judy Hagan - 5 Hickory Terrace John Popolo - 14 North White Pine Lane Board Comments - The far piece of sidewalk around the cul -de -sac could be taken out. - Building debris on lots - Landscaping of sidewalks - Additional street light at end of Hickory Terrace cul -de -sac - Curbing is substandard Planner Flynn - Was the cost estimate calculated according to Means? Yes. Planner Caponigro - We should accept the check and get the work done. MOTION: To close the hearing, accept the check, and not vote to rescind and to draft a letter to the Board of Selectmen stating the vote taken tonight and the concerns of the abutters. cc: Town Engineer and the Town Manager. (Quinn - Annino) All in favor. PASSES. G. Reorganization of the Board MOTION: Bill Madan to be Chairman. (McClanahan- Quinn) All in favor. PASSES. MOTION: To nominate Mike Cadden to be Clerk. (Quinn - Flynn) All in favor. PASSES. 9. 9:50 P.M. - Otis Street /Williams Street /Old Elm Street Scenic Road Public Hearing - Mansfield Electric Department Doug Maxwell of Mansfield Electric presented the plans to remove trees. Trees will be trimmed on Williams Street and Old Elm Street and will be removed from Otis Street. Public Discussion Dr. Richard J. Sheehan - 16 Rock Street - When will the cutting be done? Should be done by fall. Donald Bateman - 355 Otis Street Board Member Comments Planner Flynn - Elm Tree in front of 270 Otis Street Would like to see the Electric Department try to save the tree if it is not just growing out of a stump. MOTION: To find that certain trees on Old Elm Street, Otis Street, and Williams Street with a diameter less than one and one half (1 1/2 ") inches are to be trimmed and forty -five (45) trees are to be removed from Otis Street, as shown on plans titled "Scenic Road Otis Street ", dated June 10, 1991, which species and caliper are as follows: 20 Maple Trees 18 Cherry Trees 5 -2 1/2" 8 -2" 6 - 2" 3 - 2 1/2" Page -5- June 26, 1991 Planning Board Minutes 1 - 3" 2 - 1 1/2" 6 - Variable Caliper 2 Oak Trees 1 - 2" 1 - 1 1/2" 4 Elms 4 2" 2 -3" 5 - Variable Caliper 1 Wild Cherry Tree 1 - 2" and granted permission to do same. Special attention should be given to the four (4) two (2 ") inch Elm Trees to avoid removal of said trees. (Annino - Quinn) All in favor. PASSES. MOTION: To close the public hearing. (McClanahan- Quinn) All in favor. PASSES. 10. Correspondence Continued Zoning Board of Appeals Recommendations Winifred & Michael Masino - 49 Fruit Street MOTION. To send a positive recommendation to the ZBA. Also note that it is the Planning Board's opinion that the lot has been grandfathered and that the Building Inspector should be consulted to determine if a variance is actually required. (Quinn- Annino) All in favor. PASSES. John C. Hurley - 274 Fruit Street MOTION: To send a positive recommendation to the ZBA. (McClanahan - Annino) (1 -6) Planner McClanahana in favor. FAILS. MOTION: To send a negative recommendation to the ZBA because the expansion of the non- conforming use is too great in the R -2 Zone. The proposal does not conform to the Master Plan and substantially derogates frong the intent of the Zoning By -Law. (Quinn - Annino) (6 -1) Planner McClanahana opposed. PASSES. Stanley A. Sohn - 619 -621 East Street MOTION: To send a negative recommendation to the ZBA for the following reasons: 1. No hardship exists 2. The structures presently exist 3. Concern of public safety issues that may occur as a result of the change in the traffic flow pattern. More specifically) concern about the effect of the variance on the special permit that was granted. There may be a conflict between the two. (Quinn - Annino) (5 -2) Planners McClanahan and Caponigro opposed. PASSES. Marguerite Pellegrini - 88 Angell Street MOTION: To send a negative recommendation because the Planning Board is concerned with the owner being able to realistically rebvuild and reuse the structure in such a fashion as to conform to the intent of the Zoning By -Law even if the variance is granted. (Quinn - Cadden) (5 -2) Planners McClanahan and Caponigro opposed. PASSES. Page -6- June 26, 1991 Planning Board Minutes 11. Deerfield Village Special Permit - Vote MOTION: To approve the special permit application with the applicant's covenant and the following conditions: (Caponigro- McClanahan) Condition: Density 1. The Deerfield Village subdivision special permit shall be limited to no more than twenty -eight (28) single - family house lots. 2. Housing units within the Deerfield Village subdivision shall have a diversity of styles and sizes in accordance with the document titled "Deerfield Circle Declaration of Protective Covenants ", dated, June 21, 1991, by Hutchins - Trowbridge Associates. See Attachment "A ". 3. All lots within the Deerfield Village subdivision shall have a minimum twenty (20') foot sideyard setback. Condition: Hours of Operation In light of the considerable amount of fill material needed to raise the road bed to elevations shown on the plan, the following conditions shall apply: 1. Trucks and other heavy equipment.bringing fill material to the site shall be restricted to entering and exiting the site only between the hours of 8 a.m. and 4 p.m., Monday through Friday. 2. That portion of Ware Street in the vicinity of the Deerfield Village site shall be cleaned by the applicant or subsequent owner with a motorized street sweeper daily or as they may be directed in order to keep the public way clean, safe, and free of debris. Condition: Construction 1. Any rubber debris and all other unsuitable material that may be found within the right -of -way shall be removed from the right - of -way and replaced with approved material. 2. All exposed storm drain outfalls greater than twelve (12 ") inches in diameter shall have a metal grate or similar screening affixed to the end of said drain pipe in order to prevent children from entering same. 3. Sanitary sewer shall be extended from Deerfield Circle to Ware Street with laterals provided for both abutters at the roadway entrance, specifically, Fuller and Hunter. Page -7- June 26, 1991 Planning Board Minutes 4. Screening between the proposed Deerfield Circle roadway and the Fuller and Hunter properties shall consist of two (2) offset rows of Eastern White Pine, four (4') feet in height, as specified on Sheet 3 of 7's detail of the plan titled "Deerfield Village ", dated September 14, 1990, revised May 24, 1991, June 12, 1991, and June 13, 1991, by Hutchins- Trowbridge Associates. 5. It shall be the applicant's or subsequent owner's responsibility to extend the fire alarm cable to the location of the nearest existing municipal fire alarm circuit. Condition: Improvements 1. All improvements required of an approved definitive subdivision plan as identified in the Rules and Regulations Governing Subdivision of Land in Mansfield, Massachusetts shall be required within the Deerfield Village special permit residential development as shown on the plan titled "Deerfield Village ", dated September 14, 1990, revised May 24, 1991, June 12, 1991, and June 12, 1991. 2. All improvements shall be installed according to accepted Town of Mansfield specifications and standards as identified in the Rules and Regulations Governing Subdivision of Land in Mansfield,Massachusetts as well as sound engineering practice. All improvements shall be subject to inspection and release by appropriate Town boards, staff, or other regulating authority. 3. Completion of all roadways, drainage areas, and other improvements required by the Rules and Regulations Governing the Subdivision of Land in Mansfield, Massachusetts, as they apply to this special permit, shall be accomplished within two (2) years from the date of release from covenant or posting of surety. Condition: Performance Surety 1. Prior to recording the approved plan and special permit decision, the applicant or subsequent owner shall submit a covenant running with the land, suitable for recording, and written to the satisfaction of the Board. 2. The applicant or subsequent owner shall submit a tabular summary of all quantities of each construction item and the cost of same in a manner sufficient for the Planning Board or its agent to estimate the cost of construction for estimating purposes. Said tabular summary shall include, but not be limited to, all roadway work, watermains, drainage system, electrical service, fire alarm system, and any and all other improvements shown on the plan. 3. Prior to requesting a release from covenant, in part or in whole, the applicant or subsequent owner shall submit a Page -8- June 26, 1991 Planning Board Minutes performance bond, a deposit of money, or a bank passbook in an amount determined by the Planning Board to be sufficient in the opinion of the Planning Board, to secure performance of the construction of ways and installation of municipal services required for all lots shown on the plan. Said surety shall also include a ten (10 %) percent contingency factor based upon the value of the work remaining to be completed at the time of posting of surety. 4. The surety amount may, from time to time, be reduced by written request of the applicant or subsequent owner and positive vote of the Planning Board as various improvements within Deerfield Village are satisfactorily completed. 5. The Planning Board reserves the right to require that the total surety or remaining balance of the surety be reviewed periodically by the Board or its agent(s) and the applicant or subsequent owner shall be required to increase the surety amount, if necessary, to cover the increased or unforseen con- struction costs. Condition: Recording 1. That portion of the Deerfield Village plan to be recorded shall contain the following note "All conditions of approval contained in the special permit written decision, dated June 27, 1991, shall apply in full to the applicant as well as any and all subsequent owners, in whole or in part." 2. That portion of the plan to be recorded shall contain the following note: "No further subdivision or development of this parcel shall be permitted." 3. That portion of the plan to be recorded shall contain a note referencing the recorded written special permit decision and where said decision may be found. 4. That portion of the plan to be recorded shall contain the following note: "Title to each lot shown on this plan 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." Condition: Occupancy 1. No certificate of occupancy shall be applied for or issued to any structure deriving its frontage on a way within the 1 Page -9- June 26, 1991 Planning Board Minutes Deerfield Village special permit development until said way has been completed and satisfactorily inspected to the following level: a. Roadway to binder course of bituminous concrete. b. Sidewalks to binder course of bituminous concrete. C. Street lights installed and operating. d. Fire alarm system installed and operating. Condition: Maintenance 1. For the purpose of protecting the health, safety, convenience and general welfare of the development's residents, and the general public, the applicant or subsequent owner shall provide for the proper maintenance and repair of all improvements required by this special permit until the way, Deerfield Circle, is accepted at Town Meeting. Maintenance shall in- clude, but may not be limited to, cleaning catch basins, man- holes, storm drains, and drainage areas. Maintenance shall also include snow plowing, sanding, or other required winter maintenance of the way until said way is accepted at Town Meeting. 2. It shall be the applicant's or subsequent owner's responsibil- ity to make payment of electric utility bills for the operation of street lights until the way, Deerfield Circle, is accepted at Town Meeting. Planner Caponigro: Aye. The application conforms with the intent of the Zoning By -Law and is in keeping and in harmony with the existing neighborhood. Clerk McClanahan: Aye. The application conforms with the intent of the Zoning By -Law and is in keeping and in harmony with the existing neighborhood. Planner Annino: Nay. The subdivision is too dense. I acknowledge it could be industrial, the number of houses, the proximity of the wetlands, amount of roadway, roadway drainage, and the amount of additional traffic due to the subdivision will have a negative impact on the existing neighborhood. Planner Quinn: Nay. The subdivision is too dense. I acknowledge it could be industrial, the number of houses, the proximity of the wetlands, amount of roadway, roadway drainage, and the amount of additional traffic due to the subdivision will have a negative impact on the existing neighborhood. Page -10- June 26, 1991 Planning Board Minutes Planner Flynn: Nay. A great amount of fill will be needed. I think the water table is too high; the quality of land is fragile, and increased density due to the development is apt to cause groundwater pollution. I am concerned about the aesthetic look of the development in relation to the existing neighborhood. Planner Cadden: Chairman Madan: VOTE: —4-1 n MOTION: Fails. 12. Adjournment ,S I Aye. I think that the proposed subdivision would be the best use of the land. Aye. The proposal is in Master Plan and with what expressed what they would there. The neighborhood industrial use. Favor. 3Opposed. 10:' 50 P.M. ture keeping with the the neighborhood like to see built did not want an ?'17NI( Date of Approval