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PLANNING BOARD MINUTES'
JUNE 22, 1994 ' AC'S'C q»ti IS
PRESENT: Chairman Madan, Clerk Sullivan
PLANNERS: Flynn, French, McClanahan
Shaun P. Burke, Director of Planning and Development
1. Meeting called to order at 7:30 P.M.
2. Public Hearing - Mansfield Elks Special Permit
In a letter from their attorney, Charles Mulcahey, the Elks
requested a continuance to July 13, 1994 at 8:30 P.M. Motion:
To continue the public hearing to July 13, 1994 at 8:30 P.M.
(Flynn - McClanahan) All in favor. PASSES.
3. Correspondence
1. Memo from Shaun Burke RE: change in correspondence policy.
Motion: To accept the policy recommendation.
(McClanahan - Flynn) All in favor. PASSES.
2. Letter to Herb Fuller, East Coast Development
RE: Tara Estates drainage
3. Memo from Amos Robinson, Chairman, Board of Selectmen
RE: joint meeting with Planning Board July 6, 1994 at 8:30
P.M.
4. ZBA decision - Lictchman - Granted
5. ZBA decision - Clemmey - Granted
6. ZBA decision - Kelley - Granted
7. ZBA appeal of Stop and Shop - Betty Pappas
8. Minutes June 8, 1994
Motion: To accept the minutes as written.
(Flynn- French) All in favor. PASSES.
9. Memo from Dan Clifford, Subdivision Inspector
RE: Essex Heights surety amount
Motion: To accept the surety amount
(McClanahan- Sullivan) All in favor. PASSES.
10. Memo from Dan Clifford RE: partial release of
funds for Beaumont's Pond Estates
Motion: To release as recommended
(Sullivan- French) Four in favor. One opposed.
11. Memo from Dan Clifford RE: partial release of
funds for Bay Brook Farm
Motion: To release as recommended
(Flynn - McClanahan) All in favor. PASSES.
12. demo from Dan Clifford RE: Patty's Road surety amount
Motion: To accept the surety amount
(Flynn- McClanahan) All in favor. PASSES.
13. Memo from Dan Clifford RE: Elyse Road surety amount
%lotion: To accept the surety amount
(McClanahan - Flynn) All in favor. PASSES.
14. Memo from Joan Cutillo RE: Massapoag surety received.
15. Form J Release Massapoag Estates Lots 14 -19, 28 -33
Motion: To sign the Form J
(McClanahan- Flynn) All in favor. PASSES.
16. Form J Release Massapoag Estates Lots 20 -27, 59 -73, 100
Motion: To sign the Form J
(McClanahan - Flynn) All in favor. PASSES.
17. Form J Release George Fram Estates
Motion: To sign the Form J
(McClanahan - Flynn) All in favor. PASSES.
18. Memo from Kate Viens, Chairman, Historical
Commission RE: Inventory of Historic Resources
19. Community Action Statement
4. Public Hearing - Tara Estates Modification
The clerk read the department head comments.
Michael Trowbridge, Hutchins- Trowbridge Associates,
represented the plan for the subdivision of Lot 44 into 4 new
lots. Mr. Trowbridge said he would address all of the
Engineering Department's comments on a revised plan. He had a
question about the placement of the fire hydrant, and Chairman
Madan told him the board would like it at the end of cul -de-
sac. Mr. Trowbridge asked the board what kind of street trees
it would like.
Public Discussion
( Eileen Day, 34 Monahan Lane said she was concerned about the
existing drainage and this project's impact on Monahan Lane's
drainage problems. She also asked if the developer had plans
to extend the road any further. Mr. Trowbridge said because
this project would be lower than Monahan Lane, it would not
affect the existing street. He added there were no plans to
extend the road past the cul -de -sac.
Kevin Weinfeld, Mayfair Realty and Development, developer of
Tara Estates Extension asked if his company would have to wait
until this phase is complete to get his portion of Monahan
Lane accepted. The board will consider the question.
David Polutchko, 26 Monahan Lane said he was concerned about
overzealous clearing of the site.
Paul Fasoli, 20 Shannon Lane, said he was also worried about
drainage, as his lot is downstream from the proposal. He told
the board he and his neighbors had water in their basements.
He suggested looking at all of the phases of Tara Estates
together, rather than separate projects, to assess the overall
impact.
Matt Miller, Shannon Lane, said he installed a sump pump in
his basement in 1992 after he was told the water table was one
foot below his basement and the street had been damaged. He
asked the developer to come up with a better system to deal
with the water in the area.
John Avery, Shannon Lane said the water table is also one foot
below his basement and his neighbor's problems are getting
worse. He suggested studying the cumulative effects of
construction pushing the water level up.
Board Discussion
Planner McClanahan asked the elevation of Shannon Lane. Mr.
Trowbridge said he would find out for the next meeting.
Clerk Sullivan asked what the slope would be on the wetland
crossing. Mr. Trowbridge responded it would be 2 -1. He added
he had done test holes at the end of the detention basin,
which is 30 feet from the property line. Mr. Trowbridge said
he could move the detention basin to the required 100 feet
from the property line. Clerk Sullivan asked about the
remaining land of Fulco. Mr. Trowbridge said the two parcels
are landlocked and may be developed in the future, but their
access would be from East Street. Clerk Sullivan asked for
details on the wetlands replication area. Mr. Trowbridge
agreed, pointing out his plan was more conservative with
wetlands lines than the original engineer.
Planner Flynn said she was concerned with the drainage and
asked why the plan had not been filed as a separate
subdivision. Mr. Burke told her the land had been shown on
the original Tara Estates plan, so the applicant had the right
to file this as a modification. He added Town Counsel said
any land shown on the original plan is protected under old
zoning. Planner Flynn was concerned about the drainage being
too close to the property line and asked why there hadn't been
an Environmental Impact Report done. Mr. Burke suggested
having the applicant do a supplemental EIR showing all
drainage structures pre- and post - development. Chairman Madan
said he did not want to go by the numbers supplied in the
original EIR.
Planner Flynn brought up the number of wetlands and drainage
structures. Mr. Burke had spoken with Richard Lewis,
Conservation Agent, who said it is possible the Conservation
Commission may not permit the project.
Mr. Trowbridge said he thought the area required between the
detention basin and the property line may have been protected
under the old zoning regulations. Mr. Burke said he would
check.
Chairman Madan and Clerk Sullivan asked about the other land
of Fulco shown on the plan and requested all information
concerning that parcel and wetlands be shown on the plan.
Planner French requested a study of the overall drainage and
an EIR with an overall analysis. Mr. Trowbridge said he would
get back to the board on the EIR.
Planner Flynn asked if the FIR could be updated to reflect
this project or if a whole new drainage study would have to be
done. Mr. Burke told her both would be necessary.
Mr. Burke asked why there were three 12 inch pipes shown
connecting the wetlands areas. Mr. Trowbridge said the pipe
would be less expensive than using a box culvert. Mr. Burke
said he was concerned about the pipes backing up with the
amount of water that would be moving through them.
Mr. Burke questioned an easement on the remaining land, which
runs between two houses on East Street. He suggested the
applicant look at the legality of possibly running a road
through private property.
Motion: To continue the public hearing to July 27, 1994 at
7:30 P.M. (McClanahan - Sullivan) All in favor.
PASSES.
5. Public Hearing Continued - Cobbler's Corner
The clerk read the new department head comments.
Ralph Maloon, RIM Engineering, presented the revised plan,
saying he had addressed the board's concerns, including sight
distance and drainage concerns. He said he had met with the
Town Engineers that morning.
Board Comments
Clerk Sullivan asked if test holes had been done for the
detention basin. Mr. Maloon told him they had been monitored
over the winter, and Health Agent Scott Leite said that would
provide the high water table.
Planner Flynn noted the detention area was not 100 feet from
the property line. Mr. Maloon said he was requesting a waiver
for that. Planner Flynn asked if the applicant had considered
an open space lot. Garen Bresnick, the applicant's attorney,
said his client, Allen Willis, Allen Willis, thought it would
be better taken care of in private ownership. Planner French
suggested making lot 19 an open space lot. Attorney Bresnick
said the wetlands lines and calculations had to be clarified
on that lot. Planner Flynn suggested making lots 11 and 12
open space, and the Conservation Commission may consider
buying them. Chairman Madan suggested keeping the open space
lots for recreational use.
Public Comment
There was no public comment.
Motion_ ,To close the public hearing.
(McClanahan -
Motion withdrawn
Planner Flynn asked why the location of the detention basin
was the best one. Attorney Bresnick said in that location, it
would have the least impact on abutting properties. He said
it would be to the benefit of the town to leave the area of
the detention basin in as natural a state as possible, as it
would be less of a safety and maintenance issue.
Motion: To grant the waiver for a detention basin less than
100 feet from the property line. (McClanahan- French)
All in favor. PASSES.
Motion: To close the public hearing.
(McClanahan - Sullivan) All in favor. PASSES.
Motion: To approve the plan with all department head and board
comments addressed, and including standard approval
language.
(McClanahan - French) All in favor. PASSES.
6. Discussion of Subdivision Rules and Regulations
Mr. Burke asked the board if there was anything they would
like to add to the planned discussion of this topic on July
13.
7. Public Discussion
Mr. Maloon told the board he would like to raise the roads in
Stearns Hill Estates because he is finding ledge where he is
currently cutting. He said the change would be from Station
7 +0 to 18 +0. The board suggested he get together with the
Subdivision Inspector and Mr. Burke to do a field
modification.
8. Adjournment
Motion: To adjourn at 10 :15 P.M.
(McClanahan- Flynn) All in favor. PASSES.
Date of nest meeting: July 13, 1994 at 7:30 P.M.
'h 3/Ff
Si ature of Clerk Date of Approval