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HomeMy WebLinkAboutPlanning Brd Min_10251995PLANNING BOARD MINUTES October 25, 1995 PRESENT: Chairman French, Clerk Sullivan PLANNERS: Bonda, Dolan, Flynn, Trombetta 1. Meeting called to order at 7:00 P.M. Motion: To appoint Planner Bonda Acting Clerk (Dolan - Flynn) All in favor. PASSES 2. Correspondence 1. Letter from Planning Board to Joe Ditchman RE: Cleveland Twist property 2. Memo from Planning Board to Bert Cook RE: School Street day care center 3. Memo from Planning Board to Board of Health RE: Eastleigh Estates 4. Memo from Planning Board to Board of Selectmen RE: Eastleigh Estates 5. Letter from Planning Board to Attorney Robert Mangiaratti RE: Eastleigh Estates 6. Letter from Attorney Mangiaratti RE: Eastleigh Estates 7. Letter from Attorney Robert Mangiaratti to Hartford Casualty RE: Eastleigh Est 8. Letter from Allen Willis RE: ADS Pipe at Cobbler's Comer subdivision Motion: To allow a field modification for the use of ADS pipe instead of concrete in the drainage structures at the Cobbler's Corner subdivision (Dolan - Bonda) All in favor. PASSES 9. Form J - Cobbler's Corner lots 1, 18, 19 Motion: To release lots 1, 18, 19 (Flynn - Dolan) All in favor. PASSES 10. Request for release of surety - Piasecki Farm gravel removal Motion: To release $15,000 (Flynn- Dolan) All in favor. PASSES 11. Request for release of surety - Perkins Avenue Extension Motion: To release $3,163.20 (Flynn - Dolan) All in favor. PASSES Clerk Sullivan arrived at this point, 7:20 P.M. 3. Public Hearing Continued • Williams Street Scenic Road The clerk read new correspondence. Chairman French asked if data was available indicating where accidents had occurred on Williams Street. Greiner's representative said it did not include specific locations. Clerk Sullivan said it looked as though the state does not have the right to put a road through there at all. Greiner's rep said that was a legal issue he could not respond to. Planner Trombetta arrived at this point, 7:50 P.M. Attorney Robert Mangiaratti, Town Counsel, said the Forest Park subdivision plan showed a relocated Williams Street, but no easement was ever granted to the town. He told the board he had found the land court plan and deed showing a water easement and a restriction about maintaining the cemetery, and a stipulation the land be controlled by the Conservation Commission. The title to the strip of land where the state wants to put the road was never transferred, and the state would have to have Town Meeting and Conservation Commission permission to use the land. Mr. Burke said there would have to be an eminent domain taking of land from Forest Park and a transfer of rights to the land from the Conservation Commission, along with a Town Meeting vote. Planner Flynn asked if a more in -depth wetlands delineation had been done. Greiner's rep said he had been out several times to look at the replication area and to see what would be replaced. Public Comment Leonard Flynn, 102 Jewell Street, said to eliminate the most scenic portion of a scenic road and say it doesn't effect the area makes no sense. He said Mass Highway did not realize Williams Street is a scenic road when they did the initial design, and did not change their plans when they found out. Mr. Flynn told the board it could have been worked out to build both the spillway and bridge, with Mansfield responsible for the spillway. Walter Meehan, 292 Williams Street asked what effect the letter from the Historic Commission would have. Mr. Burke explained he had not been aware the area had been inventoried, and was not sure if the features referenced could be located by their pictures, and a full archaeological survey may need to be done. Mr. Meehan said the town would still have to maintain a new bridge and retaining walls. Mr. Burke said the title issue was significant, and reminded the board Town Counsel had said without Town Meeting actions, the proposal cannot go forward, and the issue before the Planning Board is the scenic road, not the title. He said the layout change would alter the character of the roadway, and agreed with Mr. Flynn that this is the most scenic part of the road and must have been what Town Meeting had in mind when it made Williams Street a scenic road. Chairman French said for the proposal to move forward, the board would have to make either a positive finding that modifications could be made to that portion of the scenic way as shown or a negative finding that the proposed work is not in keeping with the character of the area and the scenic road by- law. Chairman French suggested as a condition, the board consider requiring the replacement of treeshelocation of trees wherever possible. Planner Trombetta asked what repairing the existing bridge would cost and how long the bridge had been closed. Greiner's representative estimated $500,000 and two to three years. Motion: To close the public hearing (Sullivan - Bonda) All in favor. PASSES Motion: To deny the request to alter the scenic road because the proposal does not meet the three stated purposes of the scenic road by -law, especially the first, which is to enhance the character and natural beauty of Mansfield's scenic roads. The board is concerned that alterations would destroy the historical significance of the area as indicated by the Mansfield Historic Commission, and alter the character of the surrounding area. (Sullivan - Dolan) Planner Trombetta asked what the likelihood is of the work being done and the road being opened if the board sends a negative recommendation. Mr. Burke said there are legal problems with putting a road there. Planner Trombetta was concerned that if the road isn't opened, would anything have been accomplished? Mr. Burke explained even if the board allowed the alteration, the road may never be opened in light of this legal information. He added they could modify the plan and resubmit, but if Town Meeting votes it down, having a scenic road permit would do no good. Planner Flynn suggested this may be a good place to start discussing doing the project legally, with a better conforming road. Clerk Sullivan asked to have the following added to the motion. "That there are significant trees within the existing right -of -way and in the proposed new alignment that would have to be destroyed." Motion and second amended All in favor. PASSES Motion: To send Mass Highway a letter suggesting it review the land court document, particularly the two items referenced in Attorney Mangiaratti's letter, where it appears to indicate Conservation Commission approval and two Town Meeting actions would be needed to put the road there. Request Mass Highway work with the town to work out the cost for a footprint replacement. (Sullivan - Dolan) All in favor. PASSES 4. Public Hearing Continued - Eastfield Village The clerk read new correspondence. Chairman French said at the last meeting, correspondence concerning outstanding issues had been reviewed. Of the nine issues, he thought all had been discussed and understood except number two, water pressure and flow. Clerk Sullivan said there was still some discussion about blasting. Chairman French said he thought the board had heard enough information on blasting. Mr. Folkman said he would be inclined to go along with the Homefield Farms with a water connection option he and the members of his ad hoc committee had discussed earlier in the week. He said he had received a letter on that option and would like to get together to discuss what the numbers mean. Public Comment Mike Campbell, 6 Lewis Road, said the water main issue had been ongoing and Mr. Folkman had said he was going to get together with staff to resolve it, and has had plenty of time. Mr. Campbell suggested the board decide tonight. Chairman French explained they were trying to find a solution for the whole ( area, and according to Tata and Howard's latest letter, if this were done, it would benefit the whole area. Ellen Gleason, 14 Lewis Road, was concerned a representative of the blasting company had never come to a meeting, and the abutters are not comfortable about the way in which blasting is being handled. She asked what the time table would be if Homefield Farms is built first. Chairman French said the Fire Department has jurisdiction over blasting, and the board has listened to and considered the abutters' concerns. Board Comment Planner Flynn asked if the Fire Chief would need more information. Mr. Folkman said with the original solution they had proposed, involving Stearns Hill Esates, the Fire Chief had requested additional information, but since the plan had changed to Homefield first, he did not require additional information. Planner Dolan said Mr. Folkman had agreed to go outside the required 500 foot blasting circle if necessary, and said he had gone to the ad hoc committee meeting and brought the board's concerns about using a pump, and the developer agreed building Homefield first would increase the water pressure. Mr. Burke explained going with this option would increase residual water pressure in a fire flow situation in Massapoag Estates and bring up the water pressure in Eastfield Village. The connection achieves the goals of not adversely affecting anything off -site and brings Eastfield's water pressure to an acceptable standard. He said if the developer is willing to do this, the technical items can be worked out. Clerk Sullivan suggested making the establishment of a 12 inch line at Homefield Farms prior to beginning Eastfield Village a condition of approval. Mr. Burke told the board it could do a straw vote and he would draft a decision with their conditions noted. Planner Flynn asked if the board would need additional information from the Fire Chief. Clerk Sullivan said he assumed as long as pressure is above 20 psi, he would be satisfied, but the board could make his approval a condition of approval. Planner Trombetta was concerned about closing the public hearing and finding the back up information from Tata and Howard required further discussion. Planner Dolan said if the information finds pressure would be below 20 psi, it would negate any vote the board made, because the vote would have been made on the assumption the figures were correct. Clerk Sullivan suggested getting a copy of the figures for the board's file a condition. Mr. Burke suggested if that information is going to be incorporated into the decision, the public hearing can be closed, but if the additional information will be used to make the decision, the board should leave the public hearing open. Chairman French said he thought this would be the right solution and the hearing needed to draw to a close, but he didn't want to close it too soon. Planner Flynn was concerned the public should know what the board is discussing and what correspondence it receives, so in the public interest, the board should ask for an extension of the deadline for decision in order to get all the information and to tie up any loose ends. Planner Trombetta suggested continuing the public hearing until November 8, 1995 and extending the deadline for decision until December 1, 1995. Motion: To continue the public hearing until November 8, 1995 and extend the deadline for final decision until December 1, 1995. (Flynn - Dolan) Four in favor. One opposed. One abstention. PASSES Straw Votes Clerk Sullivan - Positive decision with the conditions developed above. The idea for the tie in is reasonable, but conditions are needed, especially relative to blasting. He suggested there should be an initial test blast done and recorded on a seismograph by a geophysicist acceptable to the town with the results analyzed for total vibrations, and that vibration limit to be set for all subsequent blasts. The blaster should develop a blasting program and pattern to be submitted to the Fire Department, and the blaster should use delays in blasting to lower the vibrations. This may help decide how far out the pre - blast surveys should be done. Planner Trombetta said he had offered to test the abutters on Lewis Road and asked if that would be kept in. Mr. Burke asked where the test blast would be done and who would decide? Clerk Sullivan suggested that be determined by where rock is hit. Clerk Sullivan noted a waiver had been requested for the retention basin location of less than 100 feet from a property line. Mr. Maloon had explained the proposed location would allow it to look more natural and be more shallow. A second waiver request involved eliminating the sidewalk on the inside of Nicole Road in exchange for one along the frontage lots on Maple Street. The final waiver request was for the use of ADS pipe instead of concrete in the drainage structures. In a straw vote, the board was five in favor with one abstention for the waiver on the retention basin location, and voted the same for waivers on the sidewalk and the ADS pipe. Clerk Sullivan said there was a hill that would have to be removed for maximum sight distance, and suggested that be made a condition of approval. Planner Flynn requested written permission for a drainage easement from abutter George Covett be acquired and submitted to the board as a condition of approval. Planner Flynn also requested a letter from Fire Chief Sliney concerning the water pressure be incorporated. In a straw vote, the Planning Board voted five in favor, with one abstention for the above conditions. 2. Correspondence Continued 12. Minutes October 11, 1995 Chairman French requested a note be added to the minutes indicating his arrival at 7:20 P.M. Motion: To approve as amended (Sullivan - Flynn) All in favor. PASSES 13. Letter from Plowshare Court residents requesting the removal of the cul- de -sac islands. Motion: To deny the request (Dolan - Flynn) All in favor. PASSES 14. Special Town Meeting recommendations Article 22 - Eastleigh Estates North Phase II Surety Motion: To support Article 22 (Sullivan - Bonda) Five in favor. One abstention. PASSES Article 5 - Scott /Goyea Land Acquisition Motion: To support Article 5 (Sullivan - Bonda) All in favor. PASSES Article 4 - Sale of Balcom Ridge Estates Lots Motion: To support the sale of the four lots providing the proceeds to to a fund for the purchase of open space and recreation land, such as the Scott /Goyea land. ' (Sullivan- Dolan) All in favor. PASSES 15. Letter to Herb Fuller from William Williams RE: Street acceptances 16. Memo from Judy Scott RE: Special Town Meeting 17. Memo from Mr. Burke to Mr. Williams RE: Park Row Land acquisition 18. ZBA application for finding -102 Rumford Avenue Motion: To send the ZBA a positive recommendation since adding a deck would not increase the non - conformity. (Sullivan - Dolan) All in favor. PASSES 19. ZBA application for special permit - West Mansfield Fire Station - Landscaping Motion: To send the ZBA a positive recommendation providing the line of existing trees is to remain as shown on the plan. 20. ZBA application for special permit - Police Station - Landscaping Motion: To send the ZBA a positive recommendation referencing the landscaping plan as submitted. (Dolan - Sullivan) All in favor. PASSES 21. ZBA application for special permit - Park Row - Alteration Motion: To send the ZBA a positive recommendation on the connection of Park Row to Memorial Hall (Dolan - Flynn) All in favor. PASSES 22. ZBA application for special permit - Park Row - Landscaping Motion: To send the ZBA a positive recommendation on the landscaping and screening special permit. (Sullivan- Dolan) All in favor. PASSES Motion: To reconsider the Fire Station special permit vote (Flynn - Dolan) All in favor. PASSES Motion: To send the ZBA a positive recommendation with plantings added to the front and sides of the Fire Station (Flynn - Dolan) All in favor. PASSES 23. ZBA application for Variances - Park Row - Parking Motion: To send the ZBA a positive recommendation with the stipulation the area at the Police Station be designated employee parking. (Dolan- Motion Withdrawn Motion: To send the ZBA a negative recommendation because of security concerns. If the ZBA votes to grant the variance, it should consider making the Park Row spaces visitor, leaving the back lot open on weekday nights, and making the sidewalk between the Police Station and Town Hall six feet wide and well lighted. (Sullivan - Flynn) All in favor. PASSES 24. Requests for release of final surety - Alchemist Court, Katherine Court, Deerfield Village Motion: To release final surety (Sullivan - Flynn) All in favor. PASSES 25. Balcom Ridge III plan - never signed or recorded Motion: To sign the plan (Dolan - Flynn) All in favor. PASSES 5. Around the Table Clerk Sullivan suggested a street map be brought to the meetings. 6. Adjournment Motion: To adjourn at 11:00 P.M. (Dolan - Bonda) All in favor. PASSES Date of next meeting: Wednesday, November 8, 1995 at 7:00 P.M. ' ' e;�� 5 Si ature of Clerk Date of Approval