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