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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