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HomeMy WebLinkAboutPlanning Brd Min_5131992MOTION: To sign the mvlar containing revisions approved at a recent public hearing for Tara Estates when the Board receive written notice that the Mayfair Realty appeal has been withdrawn. (Caponigro- McClanahan) (5 -0 -1) Planner_ Quinn Abstains. PASSES. 3. 7:03 P.M. - Deerfield Village - Continued Special Permit Public Hearing MOTION: To continue until the seventh Board member enters the meeting. (McClanahan- Cadden) PASSES. 4. Annual Reorganization of the Planning Board MOTION: To nominate William Madan as Chairman. (Quinn - Cadden) PASSES. MOTION: To re -elect William Madan as Chairman of the Planning Board and send notice of same to Town Clerk. (Quinn - Cadden) PASSES. 5. Minutes of April 1, 9, 11, 15, & 29, 1992 MOTION: To approve all of the minutes with an amendment to the minutes of April 1 to reflect that Planner Flynn left after Planner Quinn, not at the same time. (Flynn - Annino) All in favor. PASSES. 6. Discussion of Reconsideration of Beaumonts Pond Modification Vote of April 29, 1992 MOTION: To table. (McClanahan - Cadden) MOTION: To reconsider tabling. (Quinn - Flynn) PASSES. MOTION: To reconsider vote on modification to the Beaumonts "Pond ;subdivision plan. (Caponigro- lIcClanahan) PASSES.` MOTION: To table until the easement agreement is signed. (Quinn - Cadden) PASSES: 7. Deerfield Village Special Permit - Continued Public Hearing Planner Quinn was not present for this public hearing. Michael Trowbridge presented revisions to the plan to the Board and to the public. Public Comments: Michael Hunter discused revisions made to the plan and the special permit process. J Board Member comments: Planner Flynn EIS and Green Engineering report should be included in the decision. MOTION: To approve the special permit application with the following conditions: .- 1. The Deerfield Village subdivision special permit shall be limited to no more than twenty -seven (27) 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 26, 1991, revised May 11, 1992 by Hutchins - Trowbridge Associates. See Attachment "A ". 3. All lots within the Deerfield Village subdivision shall have a minimum fifteen (15') foot sideyard setback. i 4. Lot 9 shall remain as a common area and undeveloped in perpetuity. Care and maintenance of said lot shall be the sole responsibility of the Deerfield Village Home Owners Association as identified in the document titled "Deerfield Circle Declaration of Protective Covenants ". 5. The Town shall not be requested to take ownership or assume responsibility for maintenance of Lot 9, designated as open space on the plan of land entitled Plan of land entitled " Deerfield Village ", dated September 14, 1990, revised May 7, 1991, May 15, 1991, May 24, 1991, June 12, 1991, June 13, 1992, November 1, 1991, February 4, 1992, April 17, 1992, and May 11, 1992, by Hutchins- Trowbridge Associates. he considerable amount of fill material needed to bed to elevations -shown on the plan, the following 1 apply: other heavy equipment bringing fill material to the be restricted to 'entering and exiting the site only hours of 8 a.m. and 4 p.m,, Monday through Friday. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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, including a three foot (3') high picket fence as specified on Sheet of 3 of 7's detail of the plan titled "Deerfield Village', dated September 14, 1990, revised May 7, 1991, May 15, 1991, May 24, 1991, June 12, 1991, June 13, 1991, November 1, 1991, February 4, 1992, April 17, 1992, and May 11, 1992 by Hutchins - Trowbridge Associates, plan of land entitled "Deerfield Village, Mansfield, Mass, Landscape Site Plan ", dated April 30, 1992, and revised May 11, 1992 by The Architect Forum Inc. and Hutchins - Trowbridge Associates, and plan of land entitled "Deerfield Village, Mansfield, Mass, Landscape Site Perspective ", dated April 30, 1992, and revised May 11, 1992, by The Architect Forum Inc. and Hutchins- Trowbridge Associates. 12. 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. 13. 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 7, 1991, May 15, 1991, May 24, 1991, June 12, 1991, June 13, 1991, November 1, 1991, February 4, 1992, April 17, 1992, and May 11, 1992 by Hutchins- Trowbridge Associates, plan of land entitled "Deerfield Village, Mansfield, Mass, Landscape Site Plan ", dated April 30, 1992, and revised May 11, 1992 by The Architect Forum inc. and Hutchins - Trowbridge Associates, and plan of land entitled "Deerfield Village, Mansfield, Mass, Landscape Site Perspective ", dated April 30, 1992, and remised May 11, 1992 by The Architect Forum inc. and Hutchins - Trowbridge Associates. 14a.Favement width sha.l.l be twenty t20'; ieet as shown on Page 5 of 7 of tine subdivision plan titled. "Deerfield pillage ", dated September 14, 1990, revised May 7, 1991, May Q, 1991, May 24, 1991, June 12, 1991, June 13, 1991, November 1, 1991, February 4, 1992, April 17, 1992, and May 11, 1992 by Hutchins- Trowbridge Associates, plan of land entitled "Deerfield Village., Mansfield, :Mass, Landscape Site Plan ", dated April. 30, 1992, and revised May 11. 1992 by The Architect Forum Inc. and Hutchins - Trowbridge Associates, and plan of land entitled " Deerfield Village, Mansfield, Mass, Landscape Site Perspective ", dated April 30, 1992, and revised May 11, 1992 by The Architect Forum Inc. and Hutchins - Trowbridge associates. 14b.The sidewalk shall be located on one side of the street only and shall be a meandering -type installation of same. 15. 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. 16. 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. 17. 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. 18. 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, all roadways work, r•;atermains, drainage systems, electrical service, fire alarm system, and any and all other improvements shown on the plan. ( 19. Prior to requesting a release from covenant, in part or in whole, the subsequent owner shall submit a 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 also include a ten (107) percent contingency factor based upon the value of the work remaining to be completed at the time of posting of surety. 20. 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. 21. 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 unforeseen construction costs. 22. That portion of the Deerfield \74 llaQe plan to be re>-orded shall contain tine toLlowine noto: "all conditions of approval I contained in the speciai permit written decision, dated Moo 1'1, 1992, shall apply in full to the applicant as well as any and all subsequent oN:ners, in whole or in part." 23. That portion of following note: parcel shall be 24. That portion of referencing the where said deci the plan to be recorded shall contain the •' \o further subdivision or development of this permitted.' the plan to be recorded shall contain a note recorded written special permit decision and sion may be found. 25. 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 the common grantor to convey to the Gown of Mansfield an easement with respect to the streets and ways shown on the plan for all purposes for which streets and ways are comnu>niv used in the Tom of Mansfield, upon acceptance of such streets an; -i ways by the Town. 27. No certificate o.i occupanc%- shall be applied for or issued for any structure deriving its frontage on a way hri.thin the Deerfiel -d Village special. permit development until said trays has been completed and sati- sfactorily inspected to the f'oIIwvv *ing 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. e. Drainage area shall be at finish grade and fully functional 37. 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 include, but may not be limited to, cleaning catch basins, manholes, storm drains, and drainage areas. Maintenance shall also include snow plowing, sanding, or other required minter maintenance of the way until said way is accepted at Town Meeting. 28. It shall be the applicant's or subsequent owner's responsibility to make payment of electric utility bills for the operation of street lights until the way, Deerfield Circle, is accepted at Town Meeting. ?'i. Documents Included in the special permit by reference: ENVIRONMENTAL AND COMMUNITY ASSESSMENT REPORT FOR DEERFIELD VILLAGE SUBDIVISION MANSFIELD, MASSACHUSETTS, dated June 1991, Prepared by Michael LaCasse, Consultant and Hutchins - Trowbridge Associates. ?. M.G.L. CHAPTER 21F SITE ASSESSMENT REPORT 601 WARE STREET MANSFIELD, MASSACIILSETTS, dated Juiv 17, 1989, Prepared bv Green Environmental, Inc. VOTE: Clerk Cadden: In Favor. The proposal is in keeping with the intent of the Zoning Bv-Law. The applicant has remised the plan as requested b_:r _ihe Planning Board, and the residential use will be a better use of the land than an industrial. use. 'Planner Flynn: In Favor. This application is more in harmony with the -existing neighborneighborhood. All revisions requested of the applicant :lave been made. Planner Annino: In Favor. It is a mere appropriate use of the land. li_th the use of landscaping and buffers, it will be of benefit to the neighbors. It is the highest and best use of the site. P; ner McClanahan: In Favor. The proposal will not adversely affect nhu nei.ehborhood as could other uses allotted by current zoning. Planner Caponigro: In Favor. The applicant has done what the Board has A permit was issued to Peter Fontanini from the for rooming house on Thomas Street one day afte notice for proposed zoning amendments ran in zoning amendments public hearing affected the proposed to change rooming houses from a use by permit use. Plan Building Inspector r the public hearing the newspaper. -The permit in that it right to a special Mr. Fontanini's bank is now requiring that he have a special permit for the rooming house and a variance for parking, and a use variance for five units on the first floor. Board members suggested a site visit. 10. 8:30 P.M. - Elks Special Permit Continued Public Hearing MOTION: To continue the hearing until the conclusion of the discussion with Bill Morrison. PASSES. 11. Discussion with William Morrison Regarding Beaumonts Pond Mr. Morrison, an abutter of the Beaumonts Pond subdivision, expressed concern regarding the number of houses that will generate traffic in and out of Joanna Drive. 12. 8:45 P.M. - Elks Special Permit Continued Public Hearing Ralph Maloon of Rim Engineering presented revisions made to the plan. Discussion of the draft special permit, hours of operation, landscaping, entrance sign, retaining wall detail, and existing vegetation followed. MOTION: To approve the special permit with the following conditions: 1. The size of the sign shall be reduced to no greater than three (3 S.F.) square feet. 2. One -way signs shall be installed to direct traffic entering and existing the site. 3. The following note shall be added to the plan adjacent to the retaining wall detail: "The retaining wall detail is shown on the subdivision plan for informational purposes only. A building permit is required for construction." 4. A stockade fence shall be added to Sheet 1 of 2 of the Elks Lodge plan on the west side of the site. Planner Flynn - In favor. The applicant has done everything to minimize the impact on the neighborhood, and the proposal is in harmony with the Zoning By -Law. Planner Quinn - In favor. The applicant has revised the plan as requested and has done everything to minimize the impact on the neighborhood. Planner Annino - In favor. This use is a permitted use, and requested modifications have been made to the plan to lessen the impact on the adjacent neighborhoods. Planner McClanahan - In favor. This Lodge is a permitted use in keeping with the Zoning By -Law, and modifications have been made to the plan to make the plan better and reduce the impact on the neighborhoods. Planner Caponigro - In favor. The applicant has revised the plan as requested; this is a permitted use; modifications made to the plan will reduce possible adverse effects of noise and traffic on neighbors. Chairman Madan - In favor. All modifications required have been made to the plan to address public safety issues and reduce impact on the abutting neighborhoods. All in favor. PASSES. (7 -0) PASSES. 13. Discussion with Jack Riccio Regarding Mill Farm The Planning Board discussed releasing lots on Barnboard Road from the Flint's covenant and putting them under covenant in Jack Riccio's name. 14. Correspondence Letter from Shaun Burke, Director of Planning and Development, to Paul Folkman regarding the extension of Joanna Drive Letter to the Planning Board from Ralph Pennev regarding Beaumonts Pond Letter to Shaun Burke, Director of Planning and Development, from Paul Folkman, The Folkman Company, regarding the Extension of Joanna Drive Letter from -Paul Folkman to Ralph Penney regarding a temporary construction easement Letter to Paul Folkman from Shaun P. Burke, Director of Planning and Development, regarding the Sturbridge Estates detention area Memorandum from William F. Williams, Town Manager, to Shaun Burke, Director of Planning and Development, regarding sale of the Paine School Letter to Steven McCaffrie, Municipal Building Committee, from William F. Williams, Town Manager, regarding Park Roca improvements Letter from William F. Williams, Town Manager, to Bill Madan, Planning Board, regarding the Planning Board's recommendation on the Park Row School Buiding Mansfield Train Station Advisory Committee Meeting Notice Memorandum from William F. Williams, Town Manager, to All Boards and Committees and Department Heads regarding request for legal services Letter from SRPEDD to the Planning Board requesting the Board appoint a delegate Letter to Edward Tartufo, Board of Selectmen, from John Cogliano, Office of Real Estates Management, regarding a public hearing for certain parcels of land located on Rts. 140 and 495 in Mansfield Lincoln Institute of Land Policy Seminar The Beacon Planning Magazine New England Economic Indicators APA Membership Directory Questionnaire No. Attleboro ZBA hearing notice Attleboro Plannign Board hearing notice Land Law Letter CUPR Books 1000 Friends of massachusetts Ad - Housing Discrimation Practice Manual Tufts University Environmental LeadershipO Training Attleboro Planning Board public hearing notice Building Construction for April Institute No. Zoning Board of Appeals Recommendations: Steven L. Candela - 3 Hodges Street & 66 Court Street MOTION: The application substantially derogates from the intent of the Zoning By -Law as it relates to setbacks. Moving the property line closer to the Hodges Street structure increases the non - conformity of the structure, No clear hardship exists and the construction of a new garage that 15. U does not meet setback requirements may be viewed as a self- imposed hardship: (Quinn- Flynn) All in favor. PASSES. Park Row School Recommendation The Planning Board discussed Municipal uses for the Park Row School at this time. 5� e a Clerk's Signature Da e of Approval