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HomeMy WebLinkAboutPlanning Brd Min_12141994PLANNING BOARD MINUTES c5 y, "' ? DECEMBER 14, 1994 PRESENT: Chairman McClanahan, Clerk Sullivan "!j'' - F PLANNERS: Bonda, Flynn, Trombetta Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. Public Hearing - Back Bay Circle Definitive Subdivision The clerk read the public hearing notice. Ralph Maloon, representing Hutchins - Trowbridge Associates for the applicant, explained the 1,000 feet of paper roads and five lots would be constructed. He said the applicant would have to go to the Conservation Commission for several things, including filling 800 square feet on Keefe Street, Drainage will go down the street to catch basins and manholes, with a detention area on Alma Street. The site will be on sewer, with the water main extended and looped. The clerk read the department head comments. Public Comment Attorney Edward Valanzola representing Hope Street Mansfield Realty Trust said he thought the use had been frozen. Mr. Burke told him the lot size had been frozen, not the land use; that zone currently allows single family only. Attorney Valanzola told the board the plan had been filed under Section 6, Unaccepted Streets, and therefore the applicant did not have to comply with all of the requirements of Subdivision Control Law. Clerk Sullivan noted the list of abuttors was dated 1991 and asked if any effort had been made to update it. Mr. Maloon said he did not know. Attorney Mark Antine, representing some of the abuttors, disagreed with Attorney Valanzola and said this is a definitive subdivision plan and the town's regulations apply. He added he agreed with the department heads regarding some of the plan's problems, including the lack of a permanent turnaround at the end of Keefe Street as required by Section 6.1.4. He also noted it appeared the plan has some corner lots without adequate frontage. He mentioned the developers building part of the road on land they don't own and suggested the board check with Town Counsel on any easements that may have been created in deeds on Keefe, Alma and Rockway Streets, 3. Public Hearing - Classic Court Residential Compound Motion: To open and continue the public hearing until the completio'n of discussion on Back Bay Circle. (Flynn - Sullivan) All in favor. PASSES. 2. Public Hearing Continued - Back Bay Circle Attorney Antine agreed with Mr. Burke's statement that Keefe Street is a private wav and should not be shown as a public way. He also mentioned a previous plan from the 1930s showing the paper streets, which may have been filed at the registry. Michael Himburger, Kingman Avenue, said he lives where he does because it's a quiet, dead -end street and the development would change the character of the neighborhood. Terrence Cronin, Charles Street, agreed with Mr. Himburger. Cheryl Stapleton, 84 Charles Street, said opening up the dead end streets would be a danger to the neighborhood children. Attorney Valanzola said the design standards for plans meeting the unaccepted street criteria are outlined in Section 6. Board Comment Planner Flynn asked if an Environmental Impact Statement had been submitted. Mr. Maloon said he did not know. Planner Flynn said she wanted department head comments answered. She also asked if the detention area was 100 feet from the property lines. Mr. Maloon said it was not, adding that was one of the items the applicants felt they do not have to conform to. Clerk Sullivan read part of 6.4.5, which states drainage "doesn't adversely effect the surrounding properties." He suggested that in the 100 year storm, Alma Street will collect water because the road drainage won't be able to handle it. He asked that the abuttors list be brought up to date and the public hearing be readvertised if abuttors were not notified. Chairman McClanahan asked if the sewer plan had been filed. Attorney Valanzola told him it had been approved and he would supply the board with a copy. Mr. Burke suggested the applicant look at the zoning by -law, because he had some questions about lot width and frontage, and regardless of which regulations the plan was filed under, it must conform with the Mansfield Zoning By -Law. Planner Flynn asked about the frontage of Lot 1. Mr. Maloon said there was 100 feet of frontage including the intersection Public Comment Cheryl Stapleton requested a study of the sewer system, which she said is already old and in poor shape. Planner Flynn requested a detail of the embankment. Motion: To continue the public hearing until January 25, 1995 at 7:30 P.M. with a corresponding extension in the Planning Board's deadline for action until March 15, 1995. (Sullivan - Trombetta) All in favor. PASSES 4. Public Hearing Scenic Road - Willow Street Motion: To open and continue the public hearing until after the discussion of Classic Court is completed. (Flynn - Bonda) All in favor. PASSES 3. Public Hearing Continued - Classic Court Residential Compound The board received a request from the applicant for a continuation of the public hearing and a corresponding extension of the Planning Board's deadline for action. Motion: To continue the public hearing until January 25, 1995 at 8:30 P.M. with an extension of the Planning Board's deadline for action until March 15, 1995. (Flynn- Sullivan) All in favor. PASSES 4. Public Hearing Continued - Scenic Road - Willow Street The clerk read the legal advertisement. Ralph Maloon, RIPS Engineering, representing the applicant, told the board no trees would be cut within the Willow Street right -of -way, though two large trees on the applicant's property would be removed. He said the stone wall will be relocated to run along the entrance to Cobbler Road. Board Comment Planner Flynn asked if the stone wall belonged to the town. Mr. Burke told her the property line runs down the center of the wall, so the town and applicant both own it. He suggested putting it on the property line between the street and the adjacent lots, and owned by both the town and the homeowner. Chairman McClanahan asked how far the wall would run into the entrance. Mr. Maloon answered 80 feet on one side, 40 on the other. Planner Flynn suggested 60 feet on either side. Mr. Burke said it was an excellent idea to preserve the character of the street by keeping the stone wall intact and commended Mr. Willis for his sensitivity to the neighborhood. Public Comment Franj Zucchero, 365 Willow Street asked about the possibility of the town taking land for foot and bike paths. Planner Flynn told her it had been discussed, but not agreed to. Mike Richardson, 275 Willow Street, asked about landscaping at the entrance. Mr. Maloon said there would be when the homes were built. Ann Givens, 381 Willow Street, said Willow Street is in poor condition and asked about the construction vehicles causing more damage. Chairman McClanahan told her the street was scheduled to be reconstructed soon. Kerry Richardson, 275 Willow Street, asked about school bus waiting areas. Attorney Garen Bresnick, representing Mr. Willis, said there would be an area on one side of the new road for a bus stop. Motion: To close the public hearing ( (Flynn - Bonda) All in favor. PASSES Motion: To approve the scenic road plan as drafted with the addition that the stone wall extend 60 feet on each side of Cobbler Road. (Sullivan - Flynn) All in favor. PASSES 5. Discussion with Attorney Louis Cerrone The board had a discussion with Attorney Cerrone regarding his client, James Vadala and Eastbrook Estates and Serena Way Estates. Mr. Vadala's engineer, Bill Gotwell, went over Dan Clifford's punch list items, disputing some and agreeing to complete some. Lengthy discussion followed among the board, Mr. Burke, Attorney Cerrone and Mr. Gotwell, during which Attorney Cerrone implied the work had not been done due to a conflict between his client and Dan Clifford and requested his client be allowed to complete the punch list items in the spring. Mr. Burke told him Mr. Vadala's completion date was 90 days past, and he hadn't done any work on either subdivision in a year. He said he did not think a personality conflict was a good reason for the roads not being finished, and Mr. Vadala had only been expected to do what all other developers are required to do. Motion: To request Town Counsel do what is necessary to get the surety released as soon as possible so the town ( can complete work on Necco Road and Serena Allen Way. (Flynn- WITHDRAWN Mr. Burke suggested asking Town Counsel to work out a compromise with Attorney Cerrone wherein the work gets done without Mr. Vadala, and the town return any remaining money to Mr. Vadala. If an agreement cannot be reached, then the issue may have to be litigated. Motion: To ask Town Counsel to do what is necessary to obtain the surety that has been posted for both subdivisions to be used for the completion of Eastbrook Estates and Serena Way Estates. To the extent an agreement can be reached within 45 days with Mr. Vadala providing for the release of the surety, the Town of Mansfield will be permitted to request bids to complete the work. To the extent any funds are remaining, those funds will be refunded to Mr. Vadala. To the extent an agreement cannot be reached within 45 days, Town Counsel is authorized to pursue whatever legal action necessary to recover the surety. (Sullivan- Flynn) All in favor. PASSES 61. Form A (ANR) Plans Bird Road - William and Paul Bertarelli. Shift in lot line to correct a frontage problem. Motion: To sign the Form A. (Flynn - Sullivan) All in favor. PASSES Carriage House Lane'- Mac Homes. Cut up larger lots into smaller ones. Motion: To sign the Form A, (Flynn- Bonda) All in favor. PASSES 7. Correspondence 1. Minutes November 30, 1994 Motion: To approve the minutes as written (Sullivan- Bonda) All in favor. PASSES 2. Memorandum from Shaun Burke RE: definitive plans 3. Memo to Planning Board from Shaun Burke RE: Serena Way Estates and Eastbrook Estates 4. Memo from William Williams RE: fire alarm box lighting 5. Memo.from Edward Sliney, Fire Chief RE: fire alarm box lighting 6. Letter from Attorney Michael Koretz RE: lot 5 Minuteman Estates Motion: To release Lot 5 (Sullivan - Bonda) All in favor. PASSES 7. Letter from Atty Richard Gelerman to Atty Edward Richardson RE: Bird Road 8. Letters from Michael Trowbridge, Hutchins - Trowbridge Associates RE: extensions for Smithfield Estates and Winslow Estates 9. Memo from Dan Clifford RE: Serena Way Estates and Eastbrook Estates 10. Letter from John Walsh RE: Treetops 8. Around the Table Planner Flynn asked if Mr. Burke had researched impact fees. He told her he was arranging a forum with several colleagues. 9. Adjournment Motion: To adjourn at 10:30 P.M. (Sullivan - Bonda) All in favor. PASSES Date of next meeting: January 4, 1995 at 7:30 P.M. l /4AS- Si ature of Clerk Date of Signature