HomeMy WebLinkAboutPlanning Brd Min_5221996PLANNING BOARD MINUTES
May 22, 1996
PRESENT: Chairman French, Clerk Sullivan
PLANNERS: Bonda, Dolan, Flynn, McShane, Penney
Shaun P. Burke, Director of Planning and Development
1. Meeting called to order at 7:30 P.M.
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2. Correspondence
1. Minutes May 8, 1996
Planner Flynn asked under the accessory apartment discussion, the "not"
be taken out of Mr. Burke's statement about the 2,000 square foot requirement.
Planner Penney asked his questions about enforcement and the deed be added.
Chairman French asked it be noted that Planner McShane asked about radio
towers at Around the Table.
Motion: To approve the minutes as amended
(Sullivan - Dolan) All in favor. PASSES
2. Letter from Greg Spier RE: Chandler's Estates
Mr. Spier would like to add a note to the plan saying Lot 1 is excluded from
the maintenance of the common right -of -way, but not the other responsibilities
of the homeowner's association. He explained Lot 1 will not be using the
right -of -way, as its access is from Branch Street.
Motion: To allow a note to be added to the plan and homeowner's documents
that Lot 1 be excluded from the maintenance of the common right -
of -way, but not the rest of the homeowner's association.
(Sullivan- Penney) All in favor. PASSES
3. Special Permit - DeGirolamo Accessory Apartment - 445 North Main Street
Motion: To sign the special permit (Sullivan - Dolan) All in favor. PASSES
4. ZBA application for variance - 445 North Main Street - from area requirement
Motion: To send the ZBA a positive recommendation on the variance because
of the size and age of the house (Dolan- Flynn) All in favor. PASSES
5. ZBA application for variance - 82 Cottage Street -to build a bulkhead cover
and deck with less than the required front and side yard setbacks
Motion: To send the ZBA a positive recommendation on the bulkhead cover
and a negative recommendation on the deck because it would infringe
considerably on the side and rear yard setbacks.
(Sullivan - Bonda) All in favor. PASSES
6. ZBA application for variance - West Street and Morgan Road - from section
4.2.1 to build a garage with less than the front yard setback on a comer lot
Motion: To send the ZBA a negative recommendation on the variance and
suggest the applicant consider an alternate location for the garage.
7. Letter from Attorney Mangiaratti RE: Cluster Development
8. Letter from Attorney Mangiaratti RE: Day Care Centers
9. ZBA decisions
10. Memo from Mr. Williams RE: grants
11. Memo from Mr. Burke RE: zoning issues
Au in (nst r
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3. Discussion with Massapoag Estates Residents • Subdivision Completion
( Joe Monaco, 25 Donald Allen Drive, presented the board with pictures taken
today and in April showing the condition of the drainage area, incomplete as of
the May 11, 1996 deadline. Mr. Monaco said the drainage area is full of rocks,
standing water, and insects, making land he is paying taxes on unusable. He has
spoken with Mr. Bonvie, who said it will be completed, but has made no progress.
Mr. Monaco said he knows the town holds the bond and the board has the power
to find the developer in default and take the money. He said he also knows Mr.
Bonvie can appeal that decision, which would drag the process out, so the best
thing would be to have Mr. Bonvie finish the work with a Planning Board
extension. Mr. Monaco would be in favor of that, but suggested a 30 -day
extension in exchange for Mr. Bonvie waiving his right to appeal a later default
finding. If given an extension and Mr. Bonvie does not complete the work, Mr.
Monaco said it would be obvious he did not intend to.
Mr. Bonvie said he had been working and having inspections done last summer,
but stopped work before the Planning Board meeting in August. Following that
meeting, he was asked to and looked into redesigning the slopes in the drainage
area and found it wouldn't work correctly if it were changed. He said he was
unable to do any work during the late fall and winter.
Mr. Bonvie said he was willing to present a work schedule at this time. He said
the basin has a stone rip rap channel in the bottom, which is supposed to carry a
small amount of water, and if the sides are seeded at the wrong time of year, and
the seeds fell into the rip rap, the drainage area would not function properly. He
said he did not want to be in the position of loaming and seeding the retention
area, and losing it all when it rains again. He said he wants to finish the project,
but it has to be dry to do the 3 -1 slopes so they will stabilize. He said Carney
Brothers is scheduled to come in next week to do 500 feet of the drainage area,
manholes, and catch basins, and has a contract with Bardon Trimount to do
the granite.
Chairman French suggested Mr. Bonvie use some type of treatment to stabilize
the slopes. Mr. Bonvie said the products available would not work with 3 -1
slopes. He said next week, Carney Brothers would be doing the drainage area,
which would take one to one and a half weeks to complete. Then the grading,
loaming and seeding of the drainage area would be finished, and when the grass
begins to grow, the rip rap will be installed in the bottom of the basin.
Charles Geis, 50 Elyse Road, said there are safety issues Mr. Bonvie had agreed
to fix, including adding grates to the 30 inch inlet and outlet pipes. Mr. Bonvie
explained the outlet pipe is cracked and will have to be replaced or repaired,
( which cannot be done when it is rainy. He said he would put rebar on the outlets.
Tom Ryan, 58 Elyse Road, said he did not want the developer to be found in
default, but did want to see a time line and to have the work started.
Mr. Monaco said Mr. Bonvie has had two years to complete and always has some
reason he cannot. He suggested the board consider placing stringent conditions
on an extension.
Board Comment
Planner Flynn asked how much money remains in the bond. Mr. Burke told her
there are four passbooks with $268,368.09 total. Mr. Bonvie said there is enough
money left now to finish all the required improvements, so he will not have to
find any more money at the end of the project, which sometimes happens if the
bond is underestimated. Mr. Burke said Mr. Clifford has reviewed the surety and
said it is sufficient to complete the required improvements.
Planner McShane arrived at this point, 7:55 P.M.
Planner Flynn said if the board allows Mr. Bonvie to complete the subdivision,
she would like Mr. Clifford to review the schedule as soon as possible, and said
there must be a way to stabilize the banks from the rain.
Planner Bonda asked Mr. Bonvie if he would be willing to waive his right to
appeal a default decision. Mr. Bonvie responded he would not.
Clerk Sullivan said Mr. Burke had requested a schedule in March, and asked Mr.
Bonvie why he has not provided one. Mr. Bonvie explained after he got the letter
requesting a schedule, there were several rainstorms, and if he had presented a
schedule, he would not have met it. He said he thinks the rainy season is over.
Clerk Sullivan told Mr. Bonvie geotextile fabrics would hold 2 -1 slopes, so they
would hold 3 -1 slopes. He suggested hiring someone who knows how to install
them properly, and asked if Mr. Bonvie could give Mr. Burke a schedule now.
Mr. Bonvie said yes. Clerk Sullivan asked if the drainage work would be done in
one to two weeks. Mr. Bonvie said yes, then the loaming and seeding would be
done. Clerk Sullivan said in that case, grass should be growing within a few
weeks. Mr. Bonvie said that is a tight schedule, but probably true.
Clerk Sullivan said if the drainage takes 10 days and the loaming and seeding one
week, even with rain and other factors, it should be complete by the end of four
weeks. Mr. Bonvie said that sounds realistic, and suggested he get a schedule to
Mr. Burke by the end of the day Thursday with the items broken down. Mr.
Sullivan said he wanted that schedule to include loaming and seeding by the end
of four weeks.
Mr. Burke explained a public hearing for June 5 has been advertised. He said the
idea of a detailed schedule to identify items for completion and dates for each is
reasonable, and he would go over it with Mr. Clifford. He said he would not want
the schedule to be too tight or too lax, and he is comfortable with Mr. Clifford's
review of the remaining bond. Mr. Burke suggested Mr. Bonvie supply an item
by item schedule, he and Mr. Clifford would review it, and Mr. Bonvie would
start work immediately. At the June 5 public hearing, the board could consider
default or an extension.
Mr. Bonvie was concerned that after two weeks of work, if the board decided to
find him in default, he wouldn't be able to pay his contractors. He said Mr. Burke
and Mr. Clifford could agree on a schedule, but that did not mean the board would
agree. Mr. Burke said if the work is done correctly and inspected, there is no
reason the money would not be released.
Mr. Bonvie asked if he did X amount of work and it was approved by staff, then
he is found in default, would the board release the money from the bond? Clerk
Sullivan said if the work is done and Mr. Clifford approves it, he would have no
problem releasing the money.
Planner Dolan was concerned about waiting until June 5 and Mr. Bonvie saying
he can't do the work. He suggested if the work is not done by July 1, he should
be found in default.
Mr. Burke explained the board has a legal obligation to return bond money if the
work has been done and satisfactorily inspected. He said it would be in
everyone's best interest for Mr. Bonvie to use the next 14 days to do as much
work as possible. Mr. Burke said if he got a schedule from Mr. Bonvie, he would
go over it with Mr. Clifford and get copies to the board. Mr. Bonvie said that
would be helpful.
Planner Dolan asked when the work could be finished. Mr. Bonvie said the
retention area could be done by July 15. Planner Dolan asked why would it take
seven weeks. Mr. Bonvie said there is off -site work to be done first.
Planner Penney told Mr. Bonvie these were lame excuses. He said 3 -1 slopes are
seeded every day, and asked how the design engineer proposed it to work at all.
He asked how long the drainage ditch has been constructed. Mr. Burke told him
18 -24 months, and explained the developer had two years from the date of release
of the Form J and posting of surety, which was up May 11, 1996.
Planner Penney asked why the seeding wasn't done in the spring. Mr. Bonvie
said he stopped work before the August Planning Board meeting because he
didn't want to have to do the work twice. After that meeting, he looked into
changing the drainage area, but his engineer said it couldn't be done because it
would reduce design capacity. By then, he said, it was September and the rain
had started and washed the grass seed into the channel.
Planner Penney asked about the drainage pipes. Mr. Burke explained they are 36
and 24 inches, and at the time this plan was approved, grates were not required.
At this point, Mr. Bonvie left the meeting
Planner Dolan said it would be better to work it out with the developer than to
find him in default, which would take a long time. He said he wanted a schedule
saying the items will be done by a certain date, and if they are not, the board will
have no choice.
Planner Penney asked if the money is there, why doesn't Mr. Bonvie just finish?
Motion: To reyu44r. Bonvie present a detailed schedule to Mr. Burke by May
24, 1996 including the removal and replacement of the outlet pipe and addition of
reinforced cage, as offered. Mr. Burke will review the schedule with Mr. Clifford
and send to the Planning Board members for review and comment. Assuming the
schedule is acceptable, Mr. Bonvie will move forward and immediately start
work. The June 5, 1996 public hearing will be held as advertised. The board
strongly urges Mr. Bonvie to exercise a show of good faith by starting work prior
to the June 5, 1996 and by showing substantial progress at the site prior to that
public hearing. (Sullivan - Dolan)
Planner McShane asked if there was a way to take care of the grates in the short
term. Mr. Burke said once the developer is found in default, the Board of
Selectmen has that ability , but at this point, neither the Planning Board nor the
Board of Selectmen has authority to enter onto private property. Mr. Burke also
explained that because the bond is over $100,000, Town Meeting has to vote to
authorize the Board of Selectmen to spend the money.
Mr. Burke recommended going forward with the public hearing, he would get in
touch with Mr. Bonvie to work out a schedule, and would try to get him to install
the grates or get permission for the town to do it. He said he would suggest the
board give Mr. Bonvie an extension at the public hearing because a Town
Meeting vote will be needed anyway, and at this point, we don't know if a fall
Town Meeting will be held. Mr. Burke explained 200 signatures are necessary to
force a Special Town Meeting, and by extending the time frame and not finding
Mr. Bonvie in default, the residents can get the required signatures. At the end of
the extension, if the work isn't done, the developer can be found in default and a
Special Town Meeting will already be scheduled.
Clerk Sullivan said if nothing is done by June 5, 1996, and the board finds Mr.
Bonvie in default, the residents can still get the 200 signatures. Mr. Burke agreed,
but said the developer would then have the 20 -day appeal period without having a
Special Town Meeting scheduled.
adjacent communities to arrange
Mr, Burke Bugg said the town had tried that, but
ested the town should contact adl
interconnection agreements. Planner Penney
no nearby communities were interested. He added it is
other than Attleboro, his to refuse to allow connections.
within Attleboro's rig for the developer to tie into the Mansfield
Planner Flynn asked if there was a though he could install individual Wells-
Fly...
system. Mr. Burke said no,
opinion the developer should have found out where his
bilm t F, the plan.
Planner Dolan was of the op in this is the developer' from
a letter saying Board does
water would come from before s�
"9
Motion: To send the Town Manager know the Planning
Let the Town Manager her communities on behalf of
problem and he should have found out where the wader would be comet
before Perm, the plan, otiations with °
not feel it should be involved in neg
developers. (Dolan - Penney)
suggested having someone from the town the W atehe Attleboro
Planner McShane Bugg et the story
Planner Pe d Working relationship between
Water Superintendent to g
Mansfield and Attleboro. Planner McShane agreed.
Commissioners should do that, since there is a
M onsibility because the
. that water would
Planner Penney said the town does not bear any r�P
developer represented to the board at the time of permuting
memo asking him to get in
come from Attleboro. Board
suggested sending the Town Manager suggest the Plammng to
Mr. Burke Bugg er Encourage the Town Manag
touch with the superintendent to developee issue Encourage and look
is uncomfortable representing concerning
good working relationship contract.
maintain the gang worknni the existing to
into updating
Manager
Planner Penney
suggested Motion and Second Amended.
ested the motion be amended to ask the own
Six in favor. One opposed. PASSES
advise the Water Commissioners of the situation.
thing could be done about tots. lie spoke
y, public Comment anything c into paved parking lamed
Peter DeTC011O, Elm Street, asked r front y Mr, Burke exp
home day care centers turning th said nothing can be done.
with the Building Inspector, ect to reasonable regulations, and day care centers are subj park lot and the street.
town counsel has 15doot uffer strip
bet"N le the p how he interprets the
there should be a Building Inspector a letter asking parking,
law for day care center the 15 foot buffer
Motion: To send the B lain why
landscaping and buffering by and to exp " PASSES
t specifically the School Street nnl, All in favor. PA
is not required. (Sullivan -Ft}
/using some land on Route
article to acquire the
Karl Ciemmey told the board the state will e su ears
106/140 and suggested the board work on a Town Meeting
but had note.. these for parcels from the state.
land for recreation. Mr. Burke said the town had looked at the site recreation. env y
ago for a public safety building,
Motion: To ask Mr. Burke All n- into acquiring p
(Sullivan- Dolan)
6. Form A (ANR) Plans
lot, so labeled
Bliss - Fruit Street - To create a non conforming
Motion: (D endorse the Form A plan Re-Signed- Plans were previously
(Dolan - Sullivan) Six in favor. One abstention. PASSES
Tans contain a note indicating
Winslow Estates Subdivision Plans - To Be Re -Sig
approved and endorsed, but
reeze has begun
a The p
the tolling of the zoning Estates plans
Motion: To re -sign the Winslow
(Sullivan - Flynn) Six in favor. One abstention. PASSES
re the drainage workshop to another night,
17. Around the Table scheduling
suggested June 13.
when it could be done earlier.
Chairman French sugg ested Planner Dolan
Board meeting for Thursday, June 13, 1996 at
Motion: To schedule a Plant -ling All in favor. PASSES
7:30 P.M. (Flynn-Penney)
( *NB- There are no rooms available for this date) and they
I
oats and objectives discussion-
plan into
Planner Flynn said she watched the School Committee meeting hilosop y
discussed the Master Plan Committee's g to condense its Point meeting.
School Committee was concerned about having away items the Master Plan
bulleted iLem, and that individual
woivid like know what spaware to the j
The School ondence re sent.
Committee wants, and would like recent corresp
Planner Bonda asked about the progress on East
leigh Estates. Mr. Burke said the
insurance company has offered $130,000, Mr. Clifford f evaluated and
of a third party estimate of $191,000. Attorney
an a letter saying if there is no
reaffirmed his estimate, and g
Mangiaratti has sent the ins heiivould file suit.
settlement by June 6,1996,
who will be coming up with another alternative.
Planner Bonda askedbo
s`week, t the status of Weaver Lane. Mr. Burke said he spoke
with Mr. Folkman la
All in favor. PASSES
g, Adjournment
Motion: To adjourn at June
0 1996 at 7,30 P M-
Date of next meeting:
� � -C• +% /'� l ���.0 Date of Approval
Signature of Clerk