Loading...
HomeMy WebLinkAboutPlanning Brd Min_10111995'IS OCT 27 Ali O .. l,9 PLANNItNG BOARD MINUTES October 11, 1995 x i - t 1 ( ) PRESENT: Chairman French, Clerk Sullivan 17S5',CHUSETTS PLANNERS: Bonda, Dolan, Flynn, McShane, Trombetta 1. Meeting called to order at 7:00 P.M. Motion: To appoint Clerk Sullivan Acting Chairman and Planner Bonda Acting Clerk (Dolan - Flynn) All in favor. PASSES 2. Correspondence 1. Letter from Herb Fuller, East Coast Development, RE: Street Acceptance 2. Minutes September 27, 1995 Acting Chairman Sullivan asked that condition 2 on the Old Colony site plan be amended to read there be trees between the fence and the abutters. Motion: To approve the minutes as amended (Flynn - Dolan) Five in favor. Two abstentions. PASSES 3. Memo from William Williams to Chief Arthur O'Neill RE: East St speed limit 4. Memo from Chris Marion, Assistant to the Town Manager RE: joint IDC meeting Mr. Burke told the board he had received a call from Patricia Reading of the North Attleboro Planning Board asking if any of the Mansfield Planning Board members would be interested in filling a vacancy on the Mass Association of Planning and Appeals Boards. ivh% Burke will get a description of the responsibilities. 3. Around the Table Planner Flynn said she had seen an article about parking at the Cleveland Twist building saying there would be no site plan review needed. She suggested the board send a letter suggesting they check with the Planning Board or Building Inspector on that, Motion: To send the above letter (Flynn - Dolan) All in favor. PASSES Planner Bonda asked if Town Counsel had responded to the request for opinion on the Williams Street bridge. Mr. Burke said he had not. Planner McShane asked if anything had come out of the East Street discussion and said two days before the joint meeting, a child was hurt there. Planner Dolan said the ramp from Route 140 onto Route 495 was dangerous and asked if there was anything the town could do about it. Mr. Burke told him if it is in the state's layout, there was not. Chairman French asked if the board should support the Scott/Goyea land acquisition at Town Meeting. Mr. Burke said the board should have a presence and the chairman usually speaks. 4. Public Hearing Continued - Eastiield Village The clerk read new correspondence. Mt. Folkman said he had spoken with Mr. Frain and they were in agreement, and Mr. Covett had agreed to grant an easement. Ralph Maloon, RIM Engineering, addressed the items still under discussion. 1. Stoimwater detention basin design and location - Mr. Maloon said he was requesting a waiver on the location of the basin, because although it would be closer than 100 feet to the property line, if it were in the valley it would be shallower. 2. Roadway to Covett-Mr. Maloon said an easement had been worked out. 3. Drainage easement to wetland - Mr. Maloon has added this to the plan and there is an agreement with the abutters. 4. Sight Distance - Mr. Maloon did a sight distance plan and said there is a small hill that will have to be removed. 5. Sidewalk - Mr. Maloon said the easement is shown on the plan and there had been discussion about replacing one with a sidewalk on Maple Street. 6. Street length - Nicole Road - Mr. Maloon said it has been brought into compliance. 7. Open space lots - Mr. Maloon identified lots 10 -11 as open space because they abut the town -owned land. Board Comment Planner Flynn said if the location of the drainage area was alright with the abutter, Mr. Covett, it would make more sense to leave it in the valley. Planner Bonda asked where the sidewalk would go on Maple Street. Mr. Maloon said it would go from the Easton line to the Certuse's property. Mr. Burke said it made sense to eliminate the sidewalk on the last stretch of Noreen Road and keep the sidewalks on Nicole and Maple Street. Planner Flynn asked if the board should be discussing eliminating sidewalks at all for safety. Blasting - Mr. Folkman said he had no new information and it would be up to the board whether to leave the notification and pre -blast inspections at 500 feet or require him to go further. He said he had considered volunteering to go further, but discovered that was unreasonable because of the number of houses. Mr. Burke said he had contacted other cities and towns, which said they do not regulate blasting, and put an ad in The Beacon requesting information on blasting regulations, and received no response. He said the Fire Department regulates blasting, and the Board of Health if there is potential impact to a well. Planner Dolan was concerned about the abutters who had come to the public hearing and said he thought the developer would want to do pre -blast surveys for at least those people. Mr. Folks an said he was willing to do surveys on the subdivision side of Lewis Road. Mr. Burke suggested doing the frontage lots on Maple Street and the direct abutters on Lewis Road. Mr. Folkman said a lot of those abutters would be caught in the required 500 feet. Clerk Sullivan suggested doing a test blast to see what charge is needed, and based on that decide who will be effected. Water Issues - Mr. Folkman said he had met with staff and it was suggested a water pressure boosting system may be entertained by the Water Department. He asked if one system to take care of this subdivision should be done, or should he get together with staff to work something out for the whole area. He said he wasn't sure of the magnitude of the problem and what could be done, but is willing to get a company that designs pumps and water systems to find the best solution. He said he would need direction from the board and staff. Chairman French was concerned about the length of time the public hearing has gone on. Mr. Folkman said'he is willing to work on an existing problem in the area, and the other issues about his subdivision had been resolved. Clerk Sullivan said Mr. Folkman had had plenty of time to work out all of the items. Planner McShane said the worst outcome would be a solution just for this subdivision and there should be a broad solution found quickly. Planner Bonda asked why the developer had not suggested a cooperative effort sooner, adding that she was not willing to entertain another extension and was disappointed all the items had not been taken care of Mr. Folkman said he had waited six months for answers to his water questions and then worked out what he could in two months. Chairman French said he had seven weeks between the time he got the water letter and this meeting. Mr. Folkman agreed he could have pushed harder in that time, but there is a need for a joint discussion. Planner Flynn said she understands Chairman French's concerns about the length of time the public hearing has gone on, but said she does not want the extra expense of pumps. She said she was prepared to vote, and although she thought a joint meeting was a good idea, it was something for the Board of Selectmen or Water Commissioners to work out with the developers. Site said the Planning Board had to look at the plan, the recommendations, and make its own decision. Planner Trombetta said he was not inclined to drag the public hearing out any further. Mr. Burke said water is a significant issue, and resolution may be broader than one subdivision. He said it is a legitimate planning goal to look at the whole system, and the board has until November 17 for final action. Public Comment Fred Leach, Cavan Crossing, said Folkman and Zola had blasted in his subdivision a year ago and caused a lot of damage and noise. Rick Gleason, 14 Lewis Road, said blasting is likely because of the large boulders in the area, and that the 500 feet required is the Fire Department's regulation and is not concerned with radon, wells, etc. Phil Gengera, 5 Lewis Road, said the board should consider working out a broader solution. Nancy Richardson, 23 Lewis Road, said she has radon because of blasting and because of the radon system she has to use, her electric bill has gone up. Nit. Folkman suggested himself and Mt•. Zola, a representative of Tata and Howard, the Water Commissioners, and the Planning Board, Dave Archard, Bob Swanson, Mr. Burke, their consultant and Mr. Maloon get together to discuss the problem and potential solutions. He said he does not want to do specs on something like pumps without direction from the town. Motion: To close the public hearing (Sullivan - Bonda) Clerk Sullivan said there may be a solution, but it should have been done before this. Planner Dolan agreed it may not be all the developer's fault. Chairman French said an option would be to grant one more continuance with the stipulation there be real progress made, and put the charge on the developer to decide what he is willing to do, contact people and put the meetings together. He said he would like to be able to do something about the whole area, but didn't want to keep dragging this public hearing out. Planner McShane said he was in favor of the developer and staff getting together, but it should be done with a short time frame, adding he still has some problems with the other issues. Three in favor. Four Opposed. FAILS Mr. Burke suggested continuing the hearing two weeks and have the developer put together a list of the group and an outline for discussion, then hold the meeting with the results reported back to the board. Based on these results, consider an extension of the final action date. Motion: To continue the public hearing to October 25, 1995 at 8:30 P.M., with the developer organizing and holding a meeting and reporting its results to the board. Based on these results, the board will then consider the need to extend the final action date. (McShane- Dolan) Five in favor. Two opposed. PASSES 5. Public Hearing - Eastleigh Estates North Phase II Planner Trombetta left the meeting room at this point. The clerk read the public hearing notice and correspondence. There was no representative of the developer at the meeting, and Mr. Burke told the board he had had no response from the developer or his office to calls or letters over the last several months. Mr. Burke explained the Planning Board has the ability to modify, amend, or rescind the plan, and had done a modification hearing in 1990 to force the completion of Phase I, then accepted surety for Phase II. When a developer defaults on the two year completion deadline, the board can apply the balance of the surety to the completion of improvements. He said because this surety is in the form of an insurance company bond, completion would depend on the bonding company's expediency, the Town Meeting vote to use the $200,000 surety to complete the ways, and the town acting as the contractor to finish the required improvements. Public Comment Carol O'Donnel, 18 Cavan Crossing, asked how long that would be. Mr. Burke told her it depended on how fast the bonding company settles. He said it would probably not be before the end of this construction season, but he hoped it would be by next year. He explained the Board of Selectmen could vote to make temporary repairs to the private way, but for the town to do more than that he would have to check with Town Counsel. He told the abutters it was possible that if the board rescinded the four unbuilt lots, the developer could pile all of the refuse there because it is private property, Steve Parker, 48 Wexford Drive, said there are dangerous piles of dirt and rocks and asked if anything could be done to clean them up in the meantime. Mr. Burke said he didn't think the town had the ability to do anything, but he would check with Town Counsel. Bill Madan, 30 Winthrop Avenue, said it had been Planning Board policy to immediately rescind the unbuilt lots, which may get quicker action than taking the bond. Mr. Parker said he did not think those lots were builidable. Mr. Burke said he had spoken with Conservation Agent Dick Lewis, and there is some question about buildability. Planner Dolan suggested sending Town Counsel a letter asking for an opinion on the feasibility of the town entering onto private property and said previously, residents had petitioned the court because of safety issues. Mr. Burke said the dint pile would be cleaned up when the town goes in to do the other improvements. Planner Flynn was concerned with the safety issues and said there should be some way for the board to help. Mr. Burke said the board is constrained by the developer's rights, which is why he suggested contacting Town Counsel. He said the board could find the developer in default, rescind the lots, and direct Town Counsel to acquire the surety. He recommended sponsoring a Town Meeting warrant, writing the Board of Selectmen advising them of the board's action and requesting sending the DPW to do repairs. Fred Leach, 35 Wexford Drive, said there are also drainage pipes, rocks, trees, etc. in the right -of -way and Kerry Drive is not completed. He asked if the board finds the developer in default and then he begins work, what would that do? Mr. Burke said once the board makes a decision and Town Counsel takes action against the surety, that would be followed through. Mr•. Madan said if the developer has been non - responsive, he probably will not ( sign a hold harmless for snow plowing and suggested sending the Board of Selectmen a letter asking them to have the road prepared for the winter. John Thayer, Cavan Crossing, said the punch at is long and asked if there would be enough money to complete it. The clerk re -read Mr. Clifford's memorandum saying the $200,000 would be more than enough to finish the required improvements. Richard Franklin, 14 Cavan Crossing, asked how sure the board was the work can be done for $200,000. Mr. Burke explained that is the insurance company's money, and the developer only paid a premium on that. Susan McCormack, 52 Wexford Drive, asked what would happen if the town did not secure the bond. Mr. Burke said the board could sue the developer personally, but there is no reason the town won't get the money, as it is clearly a case of default. Motion: To close the public hearing (Dolan- Sullivan) All in favor. PASSES Motion: To find the developer in default for failure to complete the required improvements, rescind Lots 53 -56, instruct Town Counsel to pursue the bond, sponsor a Town Meeting article for the bond money to go toward the improvements, send the Board of Selectmen a letter advising them of this action and request they send the DPW out to do temporary repairs and get the street ready for snow plowing, send Town Counsel a letter requesting an opinion on what the town can do on private property and what the town can do under its police powers to address the public safety issues (Dolan- Bonda) All in favor. PASSES Motion: To send the Board of Health a letter asking what it can do under its public safety /public nuisance powers. (Sullivan - Bonda) All in favor. PASSES Planner Flynn said under 3.3.3.22, the developer is supposed to have stabilized he dirt piles and asked if there was anything that could be done under that regulation. Mr. Burke said he would check with Town Counsel. 6. Public Hearing - Chandler's Estates The clerk read the public hearing notice and a letter from the applicant's e engineer requesting the public hearing be continued due to a procedural defect. Motion: To continue the public hearing until November 8, 1995 at 7:30 P.M. (Dolan - Flynn) All in favor. PASSES 7. Adjournment Motion: To adjourn at 11:15 P.M. (Dolan - Bonda) All in favor. PASSES Date of next meeting: Wednesday, October 11, 1995 at 7:00 P.M. /0A5 /05--- Sign. rre of Clerk Date ofi p roval