HomeMy WebLinkAboutmin of planning brd 4/9/1997PLANNING BOARD MINUTES ___,W3t FtECEIVEQ
OFFICE
April 9,1997
97 APR 24 PH 3: 17
Present: Thomas French, Chairman; John Sullivan, Clerk; Planners Bernie Dolan,
Marydee Flynn, Duane Frederick and Thomas McShane. Also present a
Director of Planning and Development.
P7 F.Gi 1USE T TS
Meeting called to order at 7:30 p.m.
Correspondence
1. Minutes of March 26, 1997 - page 7: motion in middle of page should end at
"process" and delete "and if lack of their inclusion nullifies the approval." Last
paragraph, first sentence to read "...comment made by CDM at the Board of
Selectmen meeting..." and "...inflow and infiltration from a few new
subdivisions." Motion regarding Sewer Plan Update - add "residential" to last
sentence to read, "...existing residential undevelopable land..."
Motion: To approve as amended. (Sullivan - Flynn) 6 -0 PASSES
2. ZBA Applications:
Anthony and Eleanor Dilulis for a Variance under Section 1.5.17A, Lot Width
for a parcel of land at 200 Fruit Street. Mr. Sullivan disclosed that his
son has a financial interest in this property and that he would be
excusing himself from the discussion and vote on this matter. Mrs.
Flynn volunteered to serve as Acting Clerk in the interim.
Board members discussed whether or not the curve on the street constituted a
hardship on the land and if the shape of the lot was an attempt to meet the intent
of the Zoning By -Law. Some members felt the hardship was created by the
applicant in dividing one lot into four instead of three.
Motion: To send a positive recommendation to the Zoning Board of
Appeals. (Dolan- Frederick) 2 -3 FAILS
(Dolan and Frederick in favor, French, Flynn and McShane opposed)
8:00 p.m. Public Hearing on By -Law Amendment of Karl and Carole Clemmey
Mr. Sullivan read the hearing notice which appeared in the Mansfield News on March
21st and March 28th as a re- auvertisement of a Public Hearing Notice that appeared
March 7th and March 14th, 1997. Mr. French explained that Mr. Clemmey had to be at
the Board of Selectmen meeting at this time and requested that the hearing be continued
until later in the evening.
Motion: To continue the public hearing until Mr. Clemmey's arrival or until after the
hearing scheduled for Mayhew Farms at 8:30 p.m.
(Sullivan- Flynn) 6 -0 PASSES
Correspondence (Continued)
Mrs. Flynn requested that when sending the ZBA the Planning Board recommendation on
the Dilulis variance application that we state the reason for the negative vote. She
pointed out that the lots were created by an ANR plan and that, although the lot being on
the inside of the curve makes it difficult to get the required lot width, the hardship was
created by the applicant in dividing the property into four lots instead of three. Mr.
McShane noted that the situation was exacerbated by the applicant coming in with an
ANR plan instead of a subdivision, giving the board no discretion.
7BA Applications (Continued)
Peter and Rose Parente - application to build a house for their daughter on Grove Street.
The application was incomplete and the board was unable to determine what the applicant
was applying for.
Charles and Dianna Benziger for a Finding under Section 3.10.4B and 6.2.2.1), Front
Yard Setback, for a dormer addition at 168 Park Street.
Motion: To send a positive recommendation because there is no new non - conformity
and the proposed addition appears to be within the front yard setback of the existing
structure. (Sullivan - McShane) 6 -0 PASSES
3. Copy of letter to Town Counsel re: Building Inspector's decisions on site plans - Mr.
McShane asked if we get a copy of the building permit when it's issued for a
building that required site plan review. Mr. Burke responded that we only get
a copy of the monthly report of building permits issued and not a copy of the
actual permit. Mr. Sullivan questioned how we would know the permit is
granted in order to exercise our right of appeal if we don't know the permit
has been granted. Board members discussed their lack of communication with
the Building Inspector and the advisability of considering an amendment to
make site plan approval a function of the Planning Board rather than an
individual department head. Following discussion, the board decided to add this
item to their worklist for review this summer.
Motion: To send a letter to the Building Inspector asking for his opinion on an article to
have the Planning Board grant site plan approval versus the present process of
site plan review.
(McShane- Flynn) 6 -0 PASSES
8:30 p.m. Continuation of Public Hearing - Mayhew Farms off School Street
Michael Trowbidge of Hutchins - Trowbridge was present to represent Angle Tree
Development in their proposal to develop a six lot cluster residential subdivision on a
twenty -one acre parcel off School Street. He presented a revised plan, based on input
received from the neighbors, the Planning Board and Town Department Heads. He stated
that there are intermittent streams throughout the site flowing in an easterly direction.
Revised plans showed the following:
1. Cast -in -place culvert
2. Sight triangle
3. Notation regarding trees to be removed
4. Combination of steel and wooden guardrail using Mass. DPW specs
with a Corten poly coating to provide a rustic appearance
5. Cobra type light on riser pole
6. Numbers carved into granite curbing instead of being painted on
The only waiver requested was for twenty -two foot roadways.
Mr. French asked if he was using a trench instead of a basin, to which Mr. Trowbridge
replied that they are in an attempt to be creative and get away from retention/detention
basins and that the trench would be 2 -21/2 feet deep. Mr. Trowbridge also pointed out
the changes to the bus stop where the sidewalk was pulled back and the pavement
widened to allow the school bus to pull over to the side of the road. A grassed area and
guardrail are also shown to protect the bus stop. He also stated that the applicant plans to
clean out the intermittent streams due to the concerns of the neighborhood and is waiting
to go to ConCom until after the Planning Board hearings have concluded. Mr.
Trowbridge and the board also discussed the need to get the required sight distance and
the possibility of moving the location of the road coming in off School Street. Mr.
Trowbridge said they had attempted to do so, but the length of the curve precludes them
from doing so and the location chosen has the least impact on the wetlands.
Mr. Sullivan asked about permeability of the swale and noted the lining material should
be indicated on the plan and that he would like the Town Engineer to comment on the
pre- and post - design points. He also asked if they would still be able to get the required
sight distance if ConCom denies permission to remove trees. Mr. Trowbridge stated that
it would have to be approved by the Board of Selectmen and that none of the trees
marked for cutting are in wetlands.
Mr. Burke suggested that walking the site would be of benefit.
Mr. Sullivan stated that he would like more information on drainage on site and coming
out of the proposed road. Mrs. Flynn asked if the open space land will be given to the
Conservation Commission or held in a homeowners' association. Mr. Trowbridge said
the applicant would prefer to have it in a homeowners' association. Mrs. Flynn also
questioned the number of ponds shown on the plan and whether drainage from the ditches
would go into them. She also asked if they intend to clean the streams by hand and was
told that they would have to be cleaned that way and that they'd know more after going to
ConCom for approval. She also asked additional quw[ions regarding safety issues with
the design of the guardrails.
Mr. Burke stated that Lance Lawson has raised concerns about having a single point of
access in other subdivisions and that it is not a new issue. Mr. Burke also noted that sight
distance is in his mind a greater concern than drainage, which can be dealt with. He again
suggested walking the site to review drainage and sight distance. He also suggested that
the developer go to the selectmen as road commissioners and come back with a permit in
hand for any trees which might have to be cut prior to the board approving the plan.
Mr. French noted that the plan profile submitted shows an 8 inch water main
�- and that 12 -inch is required. Mr. McShane asked where the closest residential
area is to the proposed gravel removal operation and Mr. Burke said it would
be Massapoag Estates. Mrs. Flynn asked how many houses were in there. Mr.
Burke replied that it was approved for 110.
Board members raised many questions and concerns about the proposal and
questioned what standards would govern the operation.
Motion: To have the Town Engineer review the grades and road profile and
verify the quantities of materials to be excavated and removed and the
quantity of material that will be needed on -site.
(Dolan - Flynn) 6 -0 PASSES
Discussion continued, with several additional concerns being raised.
Motion: To send a letter to Peter DeGirolamo asking for additional information
on the proposed gravel removal operation including:
* The maximum number of trucks per day he plans to utilize
* Does he expect to remove material from the site
* Estimated date of completion of this work
* Intentions of what he will do if he hits rock in the earth removal operation
* What safety precautions he will take with respect to the neighborhood and children
* The route trucks will take
* Hours of operation
* Noise and dust control procedures
* Plans for neighborhood notification
(Sullivan - Dolan) 6 -0 PASSES
12. Letter from Jay Zola requesting partial release of surety for work completed at Fram
Estates
13. Memo from Dan Clifford with recommendation on above release request
Motion: To release $18,830.00, leaving a balance of $111,246.7'1.
(Sullivan - Flynn) 6 -0 PASSES
Carchedi Subdivison of land on Creedon Street
Mr. Burke presented the plan of Michael Carchedi for a subdivision of land on Creedon
Street which the Board had previously approved. He stated that the appeal period has
now expired and that the Town Clerk has certified that there were no appeals and
recommended that members sign the mylar for recording by the applicant at the Registry
of Deeds. The plan was signed accordingly.
Around the Table
Mr. Dolan asked if a letter had been sent to the Norton Planning Board regarding a joint
meeting with them to discuss the possibility of future joint grant applications.
Mr. McShane asked for a copy of the letter to Camp, Dresser & McKee regarding the
Planning Board/Master Plan Committee's position on sewer expansion. Mr. McShane
also asked if we keep track of residential compound and cluster developments. Mr.
Burke said that we keep a record of everything that has been approved.
Mr. McShane commented on the Capital Improvements Program Committee's goals
being'inconsistent with the Master Plan with regard to the bike trail. Mr. Dolan, a
Planning Board representative to the CIP, stated that it came down to the town's priorities
based on the amount of money available and that public safety issues were given a higher
priority. Mr. McShane asked for a list of the priorities as established by CIP.
Mrs. Flynn asked if we had heard anything from the Building Inspector with regard to the
Carrigan daycare expansion. Mr. Burke reported that the Building Inspector stated to him
that there was no exterior change to the structure.
Mr. Burke advised the Board that he had today received a summons for a hearing
scheduled for tomorrow in Dedham Superior Court which was filed by a subcontractor of
Massapoag Estates. The plaintiff was requesting a restraining order from the Court to
prevent the release of any of the surety held by the Town for the completion of the
subdivision. Mr. Burke stated that if the restraining order is granted, the Town will not
be allowed to take the surety to complete the work remaining to be done. The Town will
be represented in Court by special counsel.
Motion: To send a letter to Dedham Superior Court asking the Court not to enjoin us
from spending the surety held, stating that "in no event should the Town be enjoined
from utilizing this money to complete the project, if necessary, in accordance with
subdivision control law" with a copy to the Board of Selectmen and Acting Town
Manager.
(Sullivan- Flynn) 6 -0 PASSES
Adjournment
Motion: To adjourn at 11:40 p.m.
(Dolan - Sullivan) 6 -0 PASSES
Date of Next Meeting: April 16, 1997
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Signature of Clerk Date of Approval