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HomeMy WebLinkAboutPlanning Brd Min_9161992Fill 3: I PLANNING BOARD MEETYN 0 MINUTES iii�ssi, - UScT (S September 16, 1992 PRESENT: Chairman Madan, Acting Clerk Annino, PLANNERS: Annino, Caponigro, McClanahan*, Caddeny Flynn 1. Meeting called to order at 7:30 P.M. 2. Discussion with Paul Folkman regarding Serena Way Estates Bond Amount Paul Folkman requested the Board sign a Form J Release Form for lots in the Serena Way Estates subdivision and hold it until the Subdivision Inspector approve the amount of the bond which has been posted with the Town Treasurer's office, *9:45 P.M. - Planner McClanahan Entered the Meeting, MOTI0N: To accept the passbook for Serena Way Estates in the amount of 5191,500 and sign the Form J subject to the Subdivision Inspector's approval. If the Subdivision Inspector- approves the amount posted, the Form J may be released to the applicant. However, if the Subdivision Inspector does not approve the amount posted, the Planning Department will hold the Form J until the remainder of the required bond amount is posted. (Annino- Flynn) All in favor, PASSES, 3. Correspondence MOTION: Planner Annino to act as Clerk, (Flynn- McClanahan) all in favor, PASSES. Letter from the Town Treasurer's office stating they are in receipt of a passbook in the amount of $89,000 for the Eastbrook Estates suhclvisicn Foro J Release for L•astbrook Estates NOT''qn_ To accept the passbook and release the lots.. i ^1cClanahan- F ?� -nn) All in favor. PASSES, Letter from Herb Fulier regarding Alchemist Court Subdivision reouestiny permission to change the subdivision surety from a bond in the amount of 575,000 to a passbook in the amount of 538,515,00 MOTTON: To accept the amount of the surety subject to receiving a recommendation from the Subdivision Inspector. (McClanahan- Flynn) All in favor. PASSES, Memorandum from Shaun Burke, Director of Planning and Development, to the Planning Board regarding The Elms appeal Letter from the Massachusetts Division of Capital Planning and ') Operations Commissioner, Kevin M. Smith, to Edward Tartufo 4. 8:00 P.M. - Mill Street Scenic Road - Bay State Gas Company Following the reading of the public hearing notice by Acting Clerk Annino, Frank Cornaglia, Bay State Gas representative, informed the Board of work along Mill Street which has already been completed by ,. Bay State Gas. Approximately four trees have been removed. Board Member Comments: Planner Flynn asked Mr. Cornaglia to show her where the removed trees were located. Chairman Madan asked Mr. Cornaglia how many trees he has agreed to replace with the Tree Warden and Board of Selectmen. Mr. Cornaglia stated that they had discussed a half dozen. MOTION: To approve the plan and require Bay State Gas Company to plant four trees with a minimum two (2 ") inch caliper in locations to be determined by the Tree Warden because work had been performed by Bay State Gas without benefit of a Planning Board scenic road public hearing., The Planning Board strongly encourages the Tree Warden to require the trees be planted along Mill Street. If the Tree Warden has difficulty finding locations to plant the trees along Mill Street, the Planning Board suggests he consult with the Director of Planning and Development. (Flynn - McClanahan) All in favor. PASSES. 5. 8:05 P.M. - Cabot Business Park Modification Public Hearing After the hearing notice was read, Bruce Tyson of TGG Land Planning, presented the proposed modifications to the subdivision plan to the Planning Board, which included shortening Plymouth Street by three hundred feet, eliminating Kent Road, Lincoln Street, and Cambridge Street, and several waivers from the Rules and Regulations Governing the Subdivision of Land as follows: Sections 4.1.5.1, 4.1.5.2, 4.8, 2.5, 3.3.3, and 4.1.1.6 Board Member Comments: Acting Clerk Annino expressed concern of the proposed length of Plymouth Street if it becomes a dead -end street. Discussion of uses on three lots with frontage on the proposed cul- de -sac and traffic from same, size of the proposed turnaround, sidewalks, tree planting, and the requested waiver of the sewer fee. At this time the Planning Board and Mr. Tyson discussed the requested waivers and why it would be in the best interest of the Town for the Planning Board to grant said waivers. *Planner Cadden entered the meeting at this time. MOTION: To grant a waiver from Section 3.3.3 of the Rules and Regulations Governing the Subdivision of Land which requires the submittal of an EIS with the application because the roadway already exists and is in fact being reduced in length. (Annino- McClanahan) All in favor, PASSES, MOTION: To grant a waiver from Section 4.1.1.6 of the Rules and Regulations Governing the Subdivision of Land which requires two points of access for developments creating more than three hundred (300) vehicle trips per day. This section applies to streets not driveway cuts as shown on the revised plan. (Annino - McClanahan) All in favor. PASSES. MOTION: To grant a waiver from Section 4.1.5.1 of the Rules and Regulations Governing the Subdivision of Land to allow a two thousand, six hundred thirty (2,630) foot long dead - end street which exceeds the maximum allowed length of eight hundred fifty (850') feet. This waiver is granted because Plymouth Street has been constructed for approximately ten years, and the proposed modification to Plymouth Street would reduce the current street length by approximately three hundred (300') feet. Statutory changes to the Wetlands Protection Act' preclude the construction of subdivision ways originally approved approximately twenty years ago. (Annino - Flynn) All in favor. PASSES. MOTION: To grant a waiver from Section =4.1.5.2 of the Rules and Regulations Governing the Subdivision of Land to allow for a cul -de -sac diameter of ninety (90') feet, property line diameter of one hundred twenty (120') feet, and to not require a cul -de -sac island rather than the required one hundred forty (140') foot cul -de -sac diameter, one hundred sixty (160') foot property line diameter, and circular, landscaped island with a minimum radius of twenty (20') feet at the center of the turnaround. (Annino - McClanahan) All in favor. PASSES. Planning Board Minutes September 16, 1992 Page 4 of 8 MOTION: To grant a waiver from Section 4.8 of the Rules and Regulations Governing the Subdivision of Land not to require the placement of a sidewalk around the bulb of the cul -de -sac. (Annino - Flynn) All in favor. PASSES. MOTION: To grant a waiver from Section 2.5 which requires a fee of $4.00 per lineal foot of roadway with sewer be submitted as part of the application fee as sanitary sewer already exists in Plymouth Street, no additional sewer line is proposed, and the existing line was inspected when originally constructed. (Annino - Flynn) All in favor. PASSES. MOTION: To grant a waiver from Section 4.8 of the Rules and Regulations Governing the Subdivision of Land to allow for street trees to be planted around the bulb of the cul -de- sac every fifty (50') feet rather than along the entire length of the Plymouth Street roadway. (Annino - McClanahan) All in favor. PASSES. MOTION: To approve the modifications to the subdivision which include the elimination of paper streets known as I {ent Road, Lincoln Street, Cambridge Street, and a portion of Plymouth Street and acceptance of all waivers previously voted on. All waiver notes shall be added to the subdivision plan. The easement to town -owned property shall be shown on the plan and the following notes shall also be added to the subdivision plan. Completion of all roadways, drainage areas, and other improvements required by the Rules and Regulations Governing the Subdivision of Land shall be completed within two (2) years from the date of the posting of surety or release from covenant. This note shall be written on that portion of the plan recorded at the Registry of Deeds. Prior to requesting any certificates of occupancy for any structure on the modified portion of Plymouth Street, 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. 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. This note shall be added to the plan. (Annino - McClanahan) All in favor. PASSES. 6. 9:00 P.M. - Rooming House Special Permit Public Hearing Request from Attorney Charles Mulcahy for Peter Fontanini withdrawing the application without prejudice. MOTION: To accept the withdrawal of the application without prejudice. (Caponigro- McClanahan) All in favor. PASSES. 7. 9:10 P.M. - Auto Mechanic Shop Special Permit Public Hearing Chairman Madan informed the applicant that only five of the present six Board members would be eligible to vote on this application and all five members would have to vote in favor of the special permit in order for it to be granted. Nick Anagnos, the applicant, stated that he would like to go ahead with the hearing as scheduled. Ralph Maloon, applicant's engineer, presented revisions made to the plan to the Board. Following presentation of the revisions by the engineer, Planning Director Shaun Burke state that it is his opinion that the use is allowed by zoning and that he is not in opposition to the granting of the special permit. MOTION: To approve the special permit. (5 -0) All in favor. PASSES. Clerk Cadden - In favor. The proposed use is consistent with zoning and current land uses in that area. Planner Annino - In favor. I believe the use is consistent with the fabric of the zone and that it will fit in with the existing autobody shop and gas station. the existing properties are well- maintained, and we have had not problems with them or with noise complaints from abutting properties. Planner McClanahan - In favor. This use is in harmony with the existing businesses in the area. 8. Correspondence Continued Letter from Bert Cook, Inspector of Buildings \Zoning Enforcement Officer, to Thomas McDonald regarding a final inspection at 945 East Street Letter from David White to Bert Cook regarding a surplus removal permit MOTION: To send a letter to David White requesting that he attend a Board meeting in order to discuss the timetable for the project with the Board. (Flynn - McClanahan) All in favor. PASSES. Letter to Barney Frank from William Williams, Town Manager, regarding the Town of Mansfield's small cities grant application Letter from Dan Clifford, Subdivision Inspector, to Ron Webster regarding the completion of Dustin Estates MOTION: To send Ron Webster a letter requesting that he inform the Board of his intentions in writing regarding completion of Dustin Estates prior to the next Planning Board meeting. (Annino- Cadden) All in favor. PASSES. Letter from William Williams, Town Manager to the Board of Selectmen regarding Bird Road Planning Board Minutes September 16, 1992' Page 6 of 8 Planner Caponigro - In favor. This use is in harmony with the existing businesses in the area. The use is consistent with the fabric of the zone and that it will fit in with the existing autobody shop and gas station. The existing properties are well maintained, and we have had no problems with them or with noise complaints from abutting properties. Chairman Madan - In favor. This use is in harmony with the existing businesses in the area. The use is consistent with the fabric of the zone and that it will fit in with the existing autobody shop and gas station .. The existing properties are well maintained, and we have had no problems with them or with noise complaints from abutting properties. 8. Correspondence Continued Letter from Bert Cook, Inspector of Buildings \Zoning Enforcement Officer, to Thomas McDonald regarding a final inspection at 945 East Street Letter from David White to Bert Cook regarding a surplus removal permit MOTION: To send a letter to David White requesting that he attend a Board meeting in order to discuss the timetable for the project with the Board. (Flynn - McClanahan) All in favor. PASSES. Letter to Barney Frank from William Williams, Town Manager, regarding the Town of Mansfield's small cities grant application Letter from Dan Clifford, Subdivision Inspector, to Ron Webster regarding the completion of Dustin Estates MOTION: To send Ron Webster a letter requesting that he inform the Board of his intentions in writing regarding completion of Dustin Estates prior to the next Planning Board meeting. (Annino- Cadden) All in favor. PASSES. Letter from William Williams, Town Manager to the Board of Selectmen regarding Bird Road I Planning Board Minutes r. September 16, 1992 t Page 7 of 8 - NOTION: To have Shaun Burke draft a letter for the Chairman to sign and send to Ralph Fram stating that the Board acted in good faith on his word that money was going into completing Bird Road. It is our understanding that he has not been contributing his share and keeping up his end of the bargain. cc: Board of Selectman and Richard Gelerman. (Caponigro- Cadden) All in favor. PASSES. Letter from William Williams, Town Manager, to Mansfield residents regarding the Park Row School MOTION: To send a letter to the Board of Selectmen and Town Manager recommending they dismantle the playground and relocate it to satisfy the concerns of the residents and relieve the town from any liabilities related to it. (Caponigro - Annino) All in favor. PASSES. Memo to the Planning B and from William Williams, Town Manager, regarding the Park Row School Letter from William Williams to Barbara Highland regarding lowering the speed limit on Route 106 A consensus of the Board was to send a letter to Governor Weld regarding reduction of the Route 106 speed limit and invite him or one of the persons working in his office to a Planning Board meeting to discuss the speed limit reduction. Copy the Secretary of Transportation. Specify the date and time for him to attend. Copy William Williams, Town Manager. memorandum from William Williams, Town Manager, to Shaun Burke, Director of Planning and Development, regarding a fee waiver policy for not - far - profit organizations Memorandum to William Williams, Town Manager, from Shaun Burke, Director of Planning and Development, regarding a fee waiver policy Memorandum from William Williams, Town Manager, to Shaun Burke, Director of Planning and Development, regarding a land gift Memorandum from Shaun Burke, Director of Planning and Development, to William Williams, Town Manager, regarding a land gift Zoning Board of Appeals Statement of Facts Mario and Monica Maraccio - GRANTED Leo and Helen Peloquin - DENIED Public Hearing Notices for Foxboro, Easton, 1000 Friends of Massachusetts Meeting Notice Landscope SRPEDD Meeting Notice The Beacon APA Magazine APA Booklet Planning and Zoning Newsletter New England Economic Indicators Rehoboth, Norton Dealing with Upset Citizens & the Public Workshop The NFPA Catalog Urban Land Institute of Project Reference File 9. Around the Table Chairman Madan expressed concern over the dates and newspaper in which the public hearing notices for the Maple Street scenic road public hearing ran for the extension of Joanna_Drive. A consensus of the Board was to pull the adds which have been placed in the Sun Chronicle and Mansfield News for the hearing and readvertise for two consecutive weeks in the MANSFIELD NEWS only. The public hearing should be held as soon as possible, but done so in compliance with the above manner for advertising. 10. Adjournment - 10:10 P.M. Clerk's Signature Date of proval