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HomeMy WebLinkAboutPlanning Brd Min_651996PLANNING BOARD MINUTES June 5,1996 v: 1 u PRESENT: Chairman French, Acting Clerk Benda PLANNERS: Dolan, Flynn, McShane, Penney Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. Motion: To appoint Planner Bonda Acting Clerk (Dolan- Penney) All in favor. PASSES 2. Correspondence 1. Minutes May 22,1996 Planner Penney noted the motion under #6 on page one did not include a vote. He also noted that on page 5, the board had "requested" Mr. Bonvie provide a completion schedule. Planner Dolan noted under the Attleboro water system discussion, he had said the developer should have found out where the water would come from before "submitting" the plan. Motion: To approve the minutes as amended(Dolan- Flynn) All in favor. PASSES 2. Letter from Attorney Mangiaratti RE: Eastleigh Estates Phase II surety 3. Letter from Mr. Madan to Folkman/Zola Builders RE: Filing Fee waiver 4. Memo from Mr. Burke to Mr. Cook RE: front yard 5. Memo from Mr. Burke to Mr. Williams RE: Attleboro water 6. Memo from Mr. Burke RE: Special Town Meeting 7. Memo from Mr. Williams RE: Special Town 8. Memo from Tracy Periera RE: Selectmen's meeting 9. Memo from Mr. Clifford RE: Partial release of bond - Stearns Hill Estates Phase II Motion: To release $42,328.26 as recommended (Flynn - Dolan) Five in favor. Penney abstained. PASSES 10. Letter from Attorney Mangiaratti to Attorney Quinn RE: Eastleigh Estates 11. Letter from FEMA RE: flood map revisions 12. Memo from Mr. Williams RE: water conservation 13. ZBA decisions Planner Penney asked about Planning Board articles for Special Town Meeting. Mr. Burke explained the Board of Selectmen had set a date of August 5, 1996, but planned to reschedule the meeting to September. He suggested the board vote on at least the Massapoag surety article, and told the board he had been contacted by another company about antennae, so an article to amend the zoning by -law may be timely. He said he would rather get something regarding adult entertainment in the zoning by -law now. Motion: To send the Board of Selectmen a letter informing them the Planning Board will submit three or four articles for the Special Town Meeting warrant and request they inform the board about when the warrant will open and close. (Flynn- Penney) All in favor. PASSES Planner Flynn asked if Mr. Burke had received any feedback on the Attleboro water issue. Mr. Burke told her he had not, but noticed Balcom Street had been marked by DigSafe in the area of the subdivision under discussion. Planner Dolan asked about the front yard parking lots. Mr. Burke said the Building Inspector was of the opinion they would be subject to at least the 15 foot buffer requirement, and the landscaping and buffering requirement would depend on the number of parking spaces. Mr. Cook plans to check out the site currently under construction. Planner Flynn asked about the status of Eastleigh Estates Phase II. Mr. Burke explained the insurance company told Attorney Mangiaratti they could not settle by June 7, 1996. 3. Public Hearing - Massapoag Estates Phase II - Modification/Recission The clerk read the public hearing notice. Chairman French explained he would ask the clerk to read the correspondence, then listen to the developer, the public, and board comment, He reminded the audience the board was aware of the problems brought up at previous meetings, and said the most productive thing is determine where to go from here, not rehash how we got here. The clerk read several pieces of correspondence. Aldo Paglia, representing Remus Realty Trust, said most of the drainage area behind lots 71 -76 would be completed by Friday, June 7. He said the structure and pipe are in, and what remains is to create a swale from the outfall pipe, and the pipe is in except behind lots 75 and 76, which will be excavated and done by June 7. He said the reason Mr. Bonvie's letter included an October completion date is because trees and grass will not grow now, especially with the new water ban. Chairman French asked after the drain is done, would the next step be to do the retention basin? Mr. Paglia said the retention basin would be done, including loaming and seeding, before July 15. He said the reason for the staggered dates is because he wants to be through with heavy equipment before doing the finish coat on the road. Mr. Paglia told the board he has contracts with Barden - Trimount for the asphalt and catch basins, and with Pisano for the sidewalks and landscaping. Chairman French said this issue has been ongoing for over two years, and everyone wants it finished, preferably by the developer. He asked Mr. Paglia how they could work together to be assured the work would be done. Mr. Paglia said there had been problems, especially with their road builder, and after that was resolved, there were discussions with the abutters, he ran out of loam, then had a bad winter and spring. He said dates set cannot always be met, but that he wants and intends to finish the job. The pipe work has already been started, and he said completing the swale is not a big job, involving loaming and seeding and some rip rap after the trench is done. Chairman French asked how to prevent getting to the end of the construction season and having incomplete items. Mr. Burke suggested establishing a certain time frame for everything to be done, or identifying specific points in time for items to be done with intermediate performance dates, or a combination of the two. Public Comment Bernadette Geis, 50 Elyse Road, asked if it would be possible to do a series of completion motions. Chairman French said that was what Mr. Burke was getting at - a schedule of milestone dates. Planner Penney suggested they could be based on the schedule Mr. Bonvie submitted. Chairman French said the goal was to deal with this issue tonight and avoid having to hold another hearing. Chris Daniel, 37 Elyse Road, asked what role the town would play in monitoring the work. Mr. Burke explained it is the developer's responsibility to perform, but his progress would be monitored through the Planning Department. Chairman French said if a schedule is agreed upon, and the developer does not keep the schedule, he has defaulted and the board has authority to take the bond. Planner Dolan said he thought there were two choices - to find the developer in default tonight, which he can appeal, or try to work with the developer to get the ( work done. He said the October date was unacceptable, but he is more concerned about the retention area and drainage, and on those items, the proposed schedule is pretty close to the board's hope of having them done by July 15. He said the board could work with the developer on those dates, and if he misses any of them, he would be in default. He suggested making default automatic if the developer misses any of those dates. Planner McShane said as he understood the proposal, the developer would do certain items by certain dates, have them inspected, and Mr. Clifford would let the board know if the items had been done satisfactorily. Mr. Burke said the board could do that and find the developer in default if any dates pass without the proscribed work being done. Charles Geis, 50 Elyse Road, mentioned Mr. Bonvie's concerns about getting releases as work is completed, and asked how to guarantee he wouldn't walk away just before doing the last items. Chairman French explained there is enough money to complete the improvements, and by that time, most work will be done. Mrs. Geis said if August 15 comes, and the items are not completed, they will have missed the Special Town Meeting. Planner Dolan said by then, the surety amount may be below $100,000, which will not require a vote of Town Meeting. The Board of Selectmen have rescheduled Special Toivn Meeting to September 9, 1996 at 7:30 P.M. Carl Souza, 26 Elyse Road, said lot 103 is unbuilt and asked what would happen if it was not sold by the time the rest of the development is completed. Mr. Paglia explained he was planning to build a house on that lot. Bob Spiletti, 85 Elyse Road, asked if the drainage mentioned in the schedule included the roadway drainage. Chairman French said it did. Jeff Wagner, 2 Jean Road, asked about street lights. Mr. Paglia said he has a contract for asphalt to include Jean Road, but there is no notation of a light on the plan. He said he would put a light at the end of the cul -de -sac if the board wanted. Mr. Burke said he would meet on the site with Gary D'Ambra from the Light Department to discuss the location. Mr. Spiletti asked what the recourse would be if the items don't work. Mr. Burke explained the surety is not released until each improvement is completed and the board approves it. He said there is also a 10 percent extra included in the bond. The road sits for one year before going to Town Meeting for acceptance as a public way, and if there are any problems, the 10 percent is used. After the street is accepted as a public way, it becomes the town's responsibility. Cheryl Shea, 1044 Maple Street, asked why the developer was he being allowed to build more houses if he couldn't finish the work? Mr. Burke explained Jean Road is in phase 2, not phase 1, and that Subdivision Control Law and the Building Inspector's authority are separate and do not overlap. He explained the developer posts surety for the completion of the ways, which allows him to apply for a building permit, which the Planning Board has no authority over. Brian Alsop, 29 Donald Allen Drive, asked about the foaming and seeding, saying the loam put down on his lot has washed away. Mr. Paglia said he would replace what washed away and hydroseed. Joe Monaco, 25 Donald Allen Drive, was concerned the grass that is planted come back every year. He said he hoped to go with performance dates, but was concerned the developer's schedule didn't seem too concerned with speed. Regarding the detention area, he said the definition of "finished" is established vegetation, and asked if that would be possible by July 15. Mr. Paglia said it would be hydroseeded by July 15, and he wouldn't be able to water it because of the water ban, but then said it wouldn't need to be watered because it will be hydroseeded. Chairman French asked what Mr. Clifford would consider complete. Mr. Burke said established vegetation is necessary to prevent erosion, and if the grass is up and growing and the lawn bed is firmly established, he would consider that established. Mr. Monaco said he would like to pin that down as part of the agreement to finish the drainage area by July15. Board Comment Planner Penney said with hydroseeding, water allows the grass to be applied easily, but if it isn't watered, there will be problems. He asked when seeding of the retention area would take place. Mr. Paglia said he would like to see the final phase, landscaping and screening, done in the fall because there would be problems with seeding in July. Planner Penney didn't recommend seeding after October. He said they needed to clarify what would be accomplished by each milestone, and said he had visited the drainage area and thought there were safety concerns, as Mr. Burke mentioned. Mr. Burke said there are issues with potholes and broken binder in places, and the sidewalk is at binder, but is destroyed in some places or covered over with material from the lots, causing potential safety issues. Mr. Burke said he would prefer not to go into the fall and would be more comfortable with a compressed schedule. Planner Penney asked if it would be possible to do some of the road and sidewalk repairs prior to the August 15 top coat date. Mr. Paglia said he could get the sidewalk straightened out, cut out the bad spots, and patch the base coat in the road, before July 15. Planner Penney said Mr. Paglia's cooperation was reassuring and he thought the board, developer and residents were all moving in the same direction. He said he would be in favor of a schedule based on the May 29 schedule Mr. Bonvie submitted if it could be better clarified, including patching the road and sidewalks and perhaps establishing vegetation in the retention area. He wondered if the developer would be willing to do the grading on the swale and hold off on seeding until September. Mr. Paglia said that was likely, since the banks wouldn't be stabilized until then. Planner Penney suggested he use geofabric or straw to stabilize the banks. Planner Flynn said it was important to stabilize the bank, or it may experience erosion again. Mr. Paglia said if he loams and seeds at the right time, he will get a good start on establishing the vegetation, then if there are washouts, he can repair them. Planner Penney suggested money spent on straw or geofabric would be saved by not having to make repairs later. Mr. Paglia said he would look into the possibility. Planner Flynn asked if geofabric would prevent erosion, should that be specified in the agreement, and whether the water ban is complete. Planner Penney suggested a project such as this could be granted an exemption. Planner Bonda said she would rather see the schedule compressed and the project completed as soon as possible. rate over the inlet and outlet pipes. Mr. Paglia rates as soon as the piping is done, or by June Planner 15. McShane asked about the g said he would install the g rading and catch basins on Jean Road. Mr. Planner McShane asked about the g' halt is applied, by Paglia explained the catch reaadjusted and the finish coat of asphalt he will take car oft hem when the grades lia had any objections to installing August 15. P n Jean er oadanMrSP Paglia Mr. Pag if said a did not, and would install it during a street lig the July phase. ether to be er could work tog Paglia said he will have tleteos `yo k hplaoeTfor Planner McShane asked how the town and deve op sure the dates will be met. Mr• Pag the bills as he comp to waive releases of the surety in order to pay Mr Paglia said he would not McShane told Mr. Paglia Mr. Bonvie had been asked if he was wilting his right of appeal in case of a later e ] sayingahe board it has the incentive to be willing to waive his right of app pull the bond if the work is not done. suggested everything should the end of the trees Mr. Burke was concerned about the schedule, is sug lanting be done by the end of Septemb said the`October dat by rs because p construction season. Mr. Paglia tree-planting season, adding there but said he would move the and grass in the summer does not a thasense, s still planting to September 30 as long could be unexpected problems with subcontractors. Jul 30 except the trees and grass, Mr. Paglia said everything could be done by Y thing except which could be done by October 15. Chairman French lia said Yes - the grass and trees would be done by Y Jul 15, and the Patching and street light would be done by rass, by July 30. Planner Dolan said the p except the trees and g grates by June 15, with the rest of the work, P grass will be done by October 15. Chairman French noted that The trees and g 30 and the final date to October 15. moves the August 15 date to July et an exemption Eileen Cooney, 80 Patty's Road, asked what could to done tog er and from the water ban. Mr. Burke said he would talk to the Town Manager Board of Selectmen. Mr. Monaco said he would like to see the retention area see he street light to be Mr. Wagner asked if there would be a way to get power to installed on Jean Road. Mr, Burke explained the conduit would be run under the grass. rass. Chairman French suggested including straw or about the g in Paglia told the board he had only agreed to look in Mrs, Geis asked geofabric in the motion. Mr ' g Pa using these items. round piping letion of underg June 15. George McCarter, 68 Elyse Road, asked if the comp included landscaping as well. Mr. Paglia told him that would be done by the road landscaping machinery would be lot 59 Elyse Road, asked if the machines would tear u Ellen Murphy: r pa lia told her the heavy after it is repaired. M g through before the roads are done. grass Planner Fly the board, developer, and residents had come this far. Fly"" said she would like to nail down what would is used on the areas, and was encouraged 15 with Jul 30, Mr. Clifford should be Planner Penney said the retention basin would be done before July er's best erosion control measures implemented, and by Y able to tell if the vegetation is established, so it would be in the develop interest to be sure the grass is growing. completed, including the e work would be comp lots 70 -76 by June 15. The detention basin would e Chairman French said the along lots droseeded; repair of roads and grates and landscaping along ( completed, including slopes graded, dressed, and hY Chairman French said it sidewalks; and the Jean Road street light by July 15. be a problem with would be in the developer's best interest to establrsh an erosion control Method to wo Paglia said there may get the vegetation established. Mr. Pag vegetation by July 15, and asked who �pOO ba if it the fallto top established veg y R the retention area, and go grown. 01 He said he would complete dress in the event of washouts, andule as he understood it: By July 15, the leted, including seeding. Any washouts would be planner Penney outlined the schedule retention basin Se °ember 30 By July 30, the roads and sidewalks installed. By be w old top dressed by P completed and reseeding s retention basin where necessary would with finish coat and fire alarms and street lights September 30, regrading be done. By October 15, the grass strip and street trees would be one. es and grass couldn't be done by September the trees Chairman French asked why them in that early. 30. Mr. Paglia didn't recommend putting developer will be es is not met, planner Dolan said if any one of the aboveod e t edings t aket e bond. He thought and the board will start Pr the scheduleaastworked out is reasonable. otion: To close the public hearing (Dolan - Penney) All in favor. PASSES M Motion: To find Remus Realty Trust in default for failure to complete the improvements required of an approved definitive subdivision known as Massapoag Estates Phase II, a subdivision approved May 21, 1986, modified March 27, 1991 and October 13, 1993 in a timely manner if each specific improvement is not completed by its specified completion date, in accordance with the following schedule, based on the May 29, 1996 schedule presented by Mr. Ronald Bonvie, Trustee of Remus Realty Trust, revised at the June 5, 1996 public hearing and mutually agreed upon by the Town and Mr. Aldo Paglia, representing Remus Realty Trust, and to direct town staff to secure the developers' surety in the event of default. 1. Before June 15, 1996 - Drainage at the rear of Lots 70, 71, 72, 73, 74, 75, and 76 inclusive shall be complete; Landscaping in the drainage area on Lots 70, 71, 72, 73, 74, 75, and 76 inclusive shall be complete; Protective metal grates shall be placed over drainage outfall pipes. 2. Before July 15, 1996 - The retention area on Lots 77, 78, 79, 80, 81, 82, and 83 inclusive shall be complete, including finish grading, dressed with topsoil and hydroseeded; Binder coat of asphalt on street and sidewalks shall be cut and patched where necessary; A street light shall be installed on Jean Road at a location to be determined by the Mansfield Light Department. 3. Before July 30, 1996 - All roads and sidewalks shall be fully completed; All fire alarms and street lights shall be installed and operational. 4. Before September 30, 1996 - Retention area on Lots 77, 78, 79, 80, 81, 82, and 83 inclusive shall be regraded and reseeded as may be necessary. 5. Before October 15, 1996 - All grass strips and street trees shall be planted according to plan; All required improvements shall be fully completed. This motion is necessary because the incomplete and deteriorated state of the roads, sidewalks, and drainage areas has compromised safe travel over the ways and sidewalks and the incomplete state of the drainage area also presents potential public safety and liability issues. (Dolan- Penney) Planner McShane was concerned about the date of the schedule being included in the motion. Planner Dolan said if this were to go to court, that would show the board gave the developer every opportunity to complete. Chairman French said it should be made clear that schedule was used as a basis for discussion. Mr. Burke said failure to complete the improvements in each phase will result in default. All in favor. PASSES 4. Public Comment There was no public comment 5. Form A (ANR) Plans There were no Form A plans 6. Around the Table Planner Penney asked when the drainage area discussion would be held. It was decided to hold that meeting on Tuesday, June 18, 1996 at 7:30 P.M. Planner Penney mentioned the Department of Environmental Protection had distributed new acquifer maps, which he said is an opportunity for the town to set aside areas as potential drinking water sources. Mr. Burke said he had not received a copy, but would check with the Water Department. Planner Dolan asked about the status of the lot next to the downtown fire station, and suggested it be used for parking. Planner Penney said the site contains marginal hazardous waste. Mr. Burke said the town had looked at the site for fire station expansion, then for parking, but the asking price had been too high. Planner Dolan said commuters have been using the two -hour spaces downtown and asked if that time limit is being enforced. Mr. Burke said he had a meeting scheduled with the Town Engineer, Police Department, and a downtown merchant to discuss just this issue. Planner McShane was of the opinion there should not be another parking lot downtown fronting on the street. Planner Penney suggested checking on the status of the vacant lot. 7. Adjournment Motion: To adjourn at 10:30 P.M. (Dolan- Penney) All in favor. YASSEN Date of next meeting: June 18, 1996 at 7:30 P.M. (Drainage Area Workshop) June 19, 1996 at 7:30 P.M. (Mansfield Oil and Fram Estates Public Hearings) Signature of Clerk 61)-00 Date of Approval