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HomeMy WebLinkAboutmin of planning brd 1/22/1997iiEz:FIVFD PLANNING BOARD MINUTES ( 0 C i I A M F I E L D January 22, 1997 97 FEB -6 A� i 12: 00 PRESENT: Thomas French, Chairman; John Sullivan, Clerk; Planners Bernie D, 14n, -, Duane Frederick; Ma dee Flynn and Ralph Penney. Also resent was Sha 4�' C SE rY Y P Y P �y�B���Cr1USETTS Director of Planning and Development. Meeting called to order at 7:30 p.m. Correspondence 1. Minutes of January 8, 1997 Motion: To approve as presented. (Sullivan- Dolan) 5 -0 PASSES 2. Mass. Preservation Awards 1997 Entry Form 3. ZBA Decision on Finding for Joan Raymond, 59 Central Street 4. Memo from Town Manager re: closing of Annual Town Meeting Warrant Mr. Sullivan asked about the Master Plan and when it would be ready. Mr. Burke said we can reserve a number of spaces or ask the Board of Selectmen for a Special Town Meeting within the Annual. It will be decided which articles the Board wants to bring to Town Meeting. Mrs. Flynn said that she believes the building permit cap and the antenna by -law amendments are the most important. 5. Public Hearing Notice - Attleboro Planning board 6. Public Hearing Notice -Dept. of Housing & Community Development 7. Mass. Assn, of Planning Directors meeting notice 8. SRPEDD Joint Transportation Planning Group meeting notice 9. Vortechnics "StonnWatch" newsletter 10. ADA Compliance Guide order form 11. National League of Cities catalog 12. New England Economic Indicators 13. The Beacon 14. Sternberg Vintage Lighting ad 15. Mass. Interchange newsletter 16. Planning Magazii.c 17. Form J's for Stearns Hill Estates The Board was asked to re -sign the Form J's it had previously signed due to an error on the book and page number of the recording of the covenant which was discovered at closing. Motion: To resign the Form J's as requested (Sullivan - Flynn) 4 -0 -1 with Frederick abstaining. PASSES 18. Memo from Robert Morrison, Acting Asst. DPW Director re: newly accepted fire hydrants Easement Plan - Bolcom Ridge II The Board was asked to sign the mylar for this plan for recording. The bluelines were signed previously; however, the mylar was not available at the time of signing. Motion: To sign the mylar of the Balcom Ridge II Easement Plan previously signed. (Flynn- Sullivan) 5 -0 PASSES Form A's Mr. Burke recommended endorsement of a Form A plan for Kell Green subdivision dividing Lot 3 into Lots 3A and 3B. Motion: To endorse the plan as recommended. (Dolan - Sullivan) 5 -0 PASSES Hodges Brook Estates - Modification/Recission Hearing The hearing began at 8:00 p.m. Planning Board member Duane Frederick excused himself from the hearing and left the room due to the potential of the appearance of a conflict of interest. The Clerk read the following into the record: 1. Legal advertisement of the public hearing from the Mansfield News of January 3, 1997 and January 10, 1997 2. Certified letter dated November 1, 1996 to Jack Smith, DeJonco Company 3. Certified letter dated December 19, 1996 to Robert DeMartino, DeJonco Company 4. Certified letter dated December 20, 1996 to Robert DeMartino, DeJonco Company 5. Memorandum dated January 21, 1997 to Richard J. Dempsey, P.E. regarding V -Notch Concrete Wall 6. Certified letter dated January 9, 1997 to Robert DeMartino, DeJonco Company 7. Memorandum dated January 15, 1997 to Shaun Burke from Daniel B. Clifford 8. Letter dated January 14, 1997 to Daniel Clifford from Richard J. Dempsey, P.E. 9. Memorandum dated January 11, 1997 to Shaun Burke from Daniel B. Clifford regarding Hodges Brook Estates - Phase II 10. Memorandum dated January 21, 1997 to Shaun Burke from Lee Azinheira 11. Memorandum dated August 21, 1995 to the Planning Board from Shaun Burke 12. Letter dated August 8, 1995 to Jack Smith, DeJonco Company 13. Letter dated August 16, 1995 to Shaun Burke from Edward R. Woods, Jr. 14. Letter (undated) to Jolm Smith, DeJonco Company from Conservation Commission Mr. Burke remarked that this plan was first submitted as a preliminary October 16, 1989 and approved in 1990 for twenty -one lots shown. Approval was given for the roadways, lots and drainage. In 1993 Mr. Smith was back before the board seeking to do the project in two phases. Mr. Burke expressed concern about the structures being occupied in the second phase without street lights and fire alarms. He outlined the options available to the board with regard to modification/recission of the subdivision and stated that the intent is to get the work done in a timely manner and allow the road to be accepted as a public way at a reasonable point in the future. Jack Smith explained that they had been tied up on several sewer treatment plants which had caused them to get behind in getting the subdivision completed. In addition, there was a delay due to litigation which has since been cleared up. He stated that the project is being constructed according to the plan. They were all set to pave this fall, but the temperature dropped and they now have to wait until spring. He has gone as far as he can and Stan Feck is ready to sign a purchase and sales agreement for the remaining lots. He stated that Dan Clifford wanted him to wait until the developers were done with their work before putting down the top coat. Mr. Smith acknowledged that he could go ahead and finish, but he would be responsible if the developers or builders tear it up during construction on the remaining lots. He stated that the town still has $57,000 - $60,000 of his surety and all that remains is to finish the top coat and camera the lines. Mr. French remarked that the grading on the shoulders of the road also need to be done. Mr. Smith pointed out the four lots which are being sold and stated that RIM is taking care of getting the Phase 1 detention area straightened out with the town engineer. Mr. Smith again stated that some of the work had been held up due to litigation. Mr. and Mrs. Minicucci of 15 Smith Road responded that the litigation had nothing to do with his not finishing and that he had moved dirt from the back to the front of the retention area and left it unfinished with an eight foot drop. They also said there is a foot of water back there now and children could drown. Mr. Burke replied that the modification to the drainage is not shown on the current plan and that grading has yet to be done. Mr. Smith said that the area will be loamed and graded. Mr. Smith responded that his own grandchildren live there also and that he is just as concerned as they are for the safety of the children. The water is there because they dug the footing for the headwall and were told to stop. Bob Sirois of 31 Smith Road stated that the dirt they need is piled up next to his house and that he can't see how everything will be done by September when they've been waiting since June. Children are playing on the dirt hill and somebody is going to get hurt. David Burns of 11 Smith Road expressed concern about the street trees in Phase I, stating that the majority of them are dead and questioning if they will be replaced. Mr. Burke said those things will have to be taken care of prior to street acceptance. Phil Burnham of 35 Smith Road said that he has been living there for three months and asked what the schedule is for backfilling the curbing on the odd - numbered side of the street. Mr. Smith acknowledged that the loam is piled up now and that he needs the rest of it. Mr. DeMartino, the excavator working with Mr. Smith, said the reason for the pile of loam and the curbing not yet being finished is that they encountered heavy rains and it was hard to screen the loam. He said they will be using the loam to finish the retention pond. Mr. Smith pointed out that there's a twelve foot setback along the front of properties that people don't own and that some residents have had sprinkler systems installed within that setback which will have to be ripped out when the curbing is put in. Chris Jansen of 39 Smith Road said that a portion of the easement in front of his house had been disturbed to get the utilities in and he asked how it will be made presentable. It was also stated that there are pieces of curbing in the street. Mr. DeMartino said that the granite contractor had left a few pieces along the easement and on undeveloped lots. Mrs. Flynn questioned the present status of the road and Mr. Burke said that it is at binder. She asked -who paid for the drawing of the V -Notch Wall prepared by Richard Dempsey and Mr. Burke said that he assumed Mr. Clifford did. Mr. Smith said they intend to clear up what's left. They will loam and seed, the street trees will be straightened, street signs are now up, the sewer lines will be tv'd, and they're waiting for the town to tell them when they can finish the v -notch wall and pave. Board members and Mr. Smith continued to discuss a schedule for completion. Mr. Penney asked how soon after the September 26, 1990 original approval construction actually was begun. Mr. Smith said the plan was modified in 1993 and construction began immediately thereafter. Residents also continued to reiterate their concerns and ask for assurance that Mr. Smith will do all that he promised to. At the conclusion of the discussion the board took the following action: Motion: To establish the following schedule of completion for Hodges Brook Estates Phases I and II and to consider the developer, DeJonco Company, to be in default and to take appropriate action if the established milestones are not met: 1. By February 1, 1997 - Light pole bases to be straightened; debris and curbing pieces from developed lots to be removed; V -Notch wall to be completed; upon completion of these items, construction equipment to be moved off -site. 2. By June 1, 1997 - Curbing, loaming, and seeding to be done; street trees to be set; grading to be completed, including grading of retention basin to slopes established on plan. 3. By June 15, 1997 - Finish course of paving to be complete 4. By August 1, 1997 - Entire project to be finished, including bounds, drainage certificates, legal descriptions, as- builts, and all Town Department punch lists. In addition, the developer is required to provide the Planning Board with a status report on February 1, 1997, and to provide the Planning Board with monthly status reports from May 1, 1997 to August 1, 1997. (Sullivan - Dolan) 5 -0 PASSES Motion: To close the hearing at 9:25 p.m. (Sullivan - Dolan) 5 -0 PASSES that when lot lines are changed, they become new lots. Discussion continued regarding a cluster development and where the open space might be. Mr. French advised Mr. Clemmey and Mr. McKenzie that the sketch plan presented raises too many issues for the Board to address and that they need to come back with a clearer idea of what they want to do and what they'll be asking for. Mr. Clemmey said they would have a firmer proposal ready for the Planning Board's next meeting on February 5, 1997 and asked to be put on the agenda at that time. Discussion concluded at 11:25 p.m. Form A The Planning Board reviewed a second Form A application for Keli Green requesting the division of an approved subdivision lot into two lots. Mr. Burke stated that the plan meets all requirements and recommended that the Board endorse it. Motion: To sign the Form A as requested. (Dolan- Frederick) 4 -0 (Mr. Penney and Mr. Sullivan no longer present) PASSES Around the Table Mrs. Flynn reported that she had received a call from an abutter to the Fulton Pond Dam who was not pleased with the proposed reconstruction plan. Mr. Dolan reported that the Capital Improvements Program Committee is going well. Due to the lateness of the hour, the Board agreed to reserve space for six articles on the Town Meeting warrant and to work on the content later. Adjournment Motion: To adjourn at 11:40 p.m. (Dolan- Frederick) 4 -0 PASSES Date of next meeting: February 5, 1997 at 7:30 p.m. ZZIA7 Signature of Clerk Date of Approval