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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. 4 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 ". 4 (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