HomeMy WebLinkAboutPlanning Brd Min_2221995C-) I {I. 9 ai . 111L' �J
PLANNING BOARD MINUTES J
FEBRUARY 22, 1995
PRESENT: Acting Chairman Sullivan, Acting Clerk Boirida >; -) i:. b
PLANNERS: Dolan, Flynn, Trombetta
Shaun P. Burke, Director of Planning and Development
1. Meeting called to order at 7:30 P.M.
Motion: To appoint Clerk Sullivan and Planner Bonda Acting
Chairman and Acting Clerk, respectively
(Flynn - Dolan) All in favor. PASSES
2. Public Hearing Continued - Woodland Park
The clerk read a letter from RIM Engineering requesting a
continuance until March 15, 1995 at 8:30 P.M. with a
corresponding extension of the Planning Board's final action
date until April 7, 1995.
Motion: To continue the Woodland Park subdivision public
hearing until March 15, 1995 at 8:30 P.M. with an
extension of the Planning Board's final action date
until April 7, 1995.
(Dolan - Flvnn) All in favor. PASSES
3. Correspondence
1. Letter from Karl Clemmey requesting the discussion of his
South Main Street site plan be taken off the agenda and
rescheduled for March 8, 1995. The board agreed to
reschedule the discussion until March 8, 1995 at 9:30 P.M.
2. Letter from Attorney Robert Mangiaratti RE:
settlement on East brook Estates and Serena Way Estates
+ litigation.
3'. Memo from Mr. Burke to Police Chief Arthur O'Neill RE:
traffic count on Maple Street for Eastfield Village
4. Letter from Mr. Burke to Ralph Fram RE: Eastfield Village
5. Memo from Mr. Burke to the Engineering Department RE:
Carlton Estates sight distance
6. Memo from Engineering Department to Mr. Burke RE:
Carlton Estates sight distance
7. Draft decision Jameson Farm definitive subdivision
Acting Chairman Sullivan requested 8b require the
monitoring well be installed in the area of the
infiltrators on lot 11 and that groundwater readings be
taken and submitted to the Engineering Department during
high ground water season and prior to construction.
He asked 8d require all materials needed for the
installation of the entire sewer on Mill Street be on site
and verified by the Town Engineer or his agent prior to
the start of any sewer construction along Mill Street.
Acting Chairman Sullivan asked the 10 foot permanent
sidewalk easement be added to the plan on the lots along
Mill Street.
Planner Flynn asked 8a to require the applicant or
subsequent owner to notify the Massachusetts Historical
Commission, Mansfield Historical Commission and Planning
Board of an,- ON- idence of -_i cemet.�r•. viV here on the site.
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She asked 8c to require the developer to work out his
construction schedule with the bus schedule so there will
be minimal disruption of the traveled way. She also asked
that items 9 and 6G reference completion of all required
improvements according the the Mansfield Subdivision
Regulations.
The board discussed requiring the applicant to extend the
sewer to the end of his property line as a way of planning
to connect to later sewer installation. Mr. Burke told
the board it really has no jurisdiction in the public way.
He said the Board of Selectmen as sewer commissioners
could adopt a policy that when a utility is extended it
goes to the furthest point of frontage.
Acting Chairman Sullivan requested it be made a condition
of approval that all lots on the site are to be sewered as
shown on the subdivision plan and the plan of Mill Street
as presented to the board on February 15, 1995. He also
requested the location and detail of a leaching manhole
before the galleys be added to the plan.
The board discussed sending the Sewer Commissioners a
letter suggesting they consider a policy requiring sewer
connections to go to the furthest property line in the
subdivision with a copy to the Board of Health.
Motion: To approve the draft decision as amended
n (Flynn - Bonda) All in favor. PASSES
8. Memo to Engineers of projects in Mansfield RE:
revisions to plans
9. Draft memo from the Planning Board to the Board of
Selectmen RE: Planning and Zoning Issues
Planner Flvnn suggested some changes and discussed adding
board comment about the February 18 planning seminar. Mr.
Burke suggested making that a separate memo.
Motion: To send the Board of Selectmen the planning and
zoning memo with the suggested changes and a
second memo reacting to the February 18 seminar
(Bonda - Trombetta) All in favor. PASSES
10. Memo from William Williams RE: Annual Town Meeting dates
11. Minutes February 15, 1995
Motion: To approve the minutes as written
(Flynn- Dolan) All in favor. PASSES
Motion: To approve the Executive Session Minutes of
February 15, 1995
(Flynn - Trombetta) All in f:- ii PASSES
Motion_ To reconsider the February 18, 1995 minutes
(Bonda- Trombetta) All in favor. PASSES y
Planner Flvnn asked that the reason for going into
executive session be added (to discuss litigation).
She also asked it be made clear the- rote to accept the
proposal was not taken until_ after com:_n5 out of executive
W
session.
Motion: To approve the February 15, 1995 minutes as
amended
(Dolan - Flynn) All in favor. PASSES
4. Public Hearing Continued - Woodlot Estates
The clerk read new correspondence from IZarl Clemmey requesting
to withdraw the Woodlot Estates subdivision plan from the
subdivision approval process, a letter from Mr. Burke to
Attorney Robert Mangiaratti regarding the withdrawal process,
a letter from Attorney Mangiaratti to Mr. Burke regarding the
withdrawal process, a memo from Mr. Burke regarding the filing
fee, a letter from Mr. Clemmey to Mr. Williams regarding the
Back Bay Brook, a memo from Mr. Williams to Mr. Burke
regarding recommendations on the Back Bay Brook,
recommendations from Mr. Burke to Mr. Williams on the Back Bay
Brook, a letter from Mr. Clemmey to Amos Robinson, Board of
Selectmen Chairman regarding land on Branch Street, and two
letters from neighborhood residents.
Public Comment
Jim Habeeb, 26 Danielle Lane asked why, even though this plan
was being withdrawn, couldn't an outside drainage and traffic
study be done for the Woodland site? He also asked if Mr.
Clemmev resubmits a plan for this site at a later date, and
the studies had been done for Woodland, would new studies be
done for the new Clemmey plan? Acting Chairman Sullivan said
yes, and the study would have to deal with what had already
been built in the neighborhood.
Planner Flynn said she was concerned the applicant would
resubmit a plan and try to discourage studies being done on
one subdivision. She also mentioned she didn't think the plan
was submitted properly in the first place. Mr. Burke told her
the law says every plan submitted has to go through the public
hearing process and can't be denied before that time.
David Oberlander, 47 Wilson Place, said if a drainage study is
done for Woodland Estates, the engineer would have to look at
the watershed upstream. Acting Chairman Sullivan agreed, but
said the engineer did not have to assume it to be built out
upstream.
Dennis Sheehan, 110 South Main Street asked if the town did
outside studies and split the cost with the Woodland
applicant, and Mr. Clemmey came back with a plan on this site,
could the town charge him back? Both Mr. Burke and Acting
Chairman Sullivan told him that would be hard to defend. Mr.
Burke said the cost would be incurred one time for one party
and if the town did a study, it would likely have to pav for
it.
)lotion_ To close the public hearing
(Bonda- Trombetta) all i.n favor. PASSES
The clerk read the draft decision disapproving the plan. The
board suggested several revisions to the draft to make it more
clear.
Motion: To disapprove the plan for the reasons stated in the
draft decision with all of the board members'
amendments.
(Trombetta- Dolan) All in favor. PASSES
Motion: To keep the costs incurred ($2,000) and return the
rest of the filing fee to Mr. Clemmey
(Dolan - Flynn)
Acting Clerk Sullivan suggested adding the reasons why the
board is returning most of the filing fee, specifically in
recognition of the applicant's decision to withdraw the plan
in the early stages and that he will be giving up his
grandfathering provisions under zoning. Acting Chairman
Sullivan was concerned about setting a precedent by returning
the money without enumerating the reasons.
Motion Withdrawn
Motion: To keep the costs incurred ($2,000) and return the
rest of the filing fee to Mr. Clemmey in recognition
of his decision to withdraw the plan in the early
stages and the fact that he will be giving up his
grandfathering provisions under zoning.
(Dolan - Sullivan) Three in favor. Two opposed.
PASSES
5. Public Comment.
M'r. Clemmey requested a voucher be send to Town Treasurer Joan
Cutill.o transferring the returned Woodlot Estates filing fee
to his tax bill. Mr. Clemmey said he didn't think much money
was spent reviewing his subdivision plan. He also said he had
paid to get a certified abuttors' list and that was submitted
with the application, and was the list he used to notify
abuttors.
Mr.. Clemmey added lie was willing to clean up the portion of
the Back Bay Brook on his property and said the brook should
be a priority for the town.
6. Around the Table
Planner Flynn brought up having the Planning Board revise the
Master Plan, rather than spend a lot of money on consultants.
She said she would .like to start work on it soon, while there
is public interest following the February 18 planning session.
Acting Chairman Sullivan suggested adding the board voted to
undertake a review and possible revision of the Master Plan
and is willing to do a "kick off" joint meeting.
Motion_ To send the Board of Selectmen a letter with a copy to
the Town Manager that the Planning Board voted to
undertake a review and possible revision of the Master
Plan and is willing to do a "kick off" joint meeting,
making reference to the requirement in Chapter 40A
that "the Planning Board shall make a Master Plan ".
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(Flynn - Bonda) All in favor. PASSES
Planner Flynn said she would prefer the Planning Office remain
where it is in order to keep the development offices together.
She asked if the board would send a letter to the Board of
Selectmen. Acting Clerk Bonda said she had spoken with the Town
Manager about the board's position and suggested he come in to
talk to the Planning Board about the move. Acting Chairman
Sullivan suggested another letter to the Town Manager saying the
board is unhappy he is planning to go on with the move. Mr. Burke
suggested moving offices should be an administrative decision by
the Board of Selectmen, not the Town Manager because of its impact
on the public.
Acting Chairman Sullivan said he would like to ask Chairman
Robinson for time on the Selectmen's agenda to discuss a variety
of planning issues.
7. Adjournment
Motion: To adjourn at 11:15 P.M.
(Banda- Flynn) All in favor. PASSES
Date of nett meeting: March 1, 1995 at 7:30 P.M.
Signature of Clerk
a
Date of Approval