HomeMy WebLinkAboutmin of planning brd 11/18/1998PLANNING BOARD MIND E
November 18, 1998 "'�'- 3 17
Present: N. Thomas French, Jr., Chairman; John D. SdtI.iv an, .-Jr , Cerk' Bernie J. Dolan;
Marydee Flynn; Scott A. Frank; Thomas P. McShane and Ken'n"ej `l�i onnan. Also
present was Shaun P. Burke, Director of Planning and Development. Mr. McShane
served as Acting Chairman until the arrival of Mr. French.
- Minutes of November 4, 1998 — It was noted that Mr. Dolan voted on the Special
Permit decision for 30 Mansfield Avenue and that the Planning Board
recommendation for the variance for Village at Willow Crossings was 3 -0 -1.
Motion: To approve as amended (Sullivan - Dolan) 4 -0 -1 with Mr. Frank and Mr.
French not present and Mrs. Flynn abstaining PASSES
➢ Special Permit Decision for Griffin Farm Residential Compound off Branch Street
Motion: To sign the decision.
(Sullivan - McShane) 6 -0 -1 with Mrs. Flynn abstaining.
Special Permit Decision for 30 Mansfield Avenue (Quikmart)
Motion: To sign the decision
(Dolan- Sullivan) 6 -0 -1 with Mrs. Flynn abstaining
Letter from Keli Realty Trust requesting extension of time to complete Keli Green
improvements
Motion: To allow an extension of time for the completion of landscaping, paving,
and other work to be done with completion of final paving by June 15, 1999,
provided that the depression where puddling occurs on the west side of the street
approaching the cul -de -sac is filled in prior to winter to prevent a public safety hazard
with the puddles freezing.
(Sullivan- Dolan) 7 -0 PASSES
ZBA Application: Grove Building Realty Trust for a Special Permit to expand a pre-
existing, non - conforming structure at 615 School Street in an I -I Zone.
Motion: To send a positive recommendation to the Zoning Board of Appeals
(Frank - Sullivan) 7 -0 PASSES
Letter from Karl Clemmey re: Rails to Trails with response from Shaun Burke
r Notice of Train Station public meeting — December 10, 1998 at 7:00 p.m.
i- ZBA Decisions:
1. Mark Nelson for a Variance from Section 4.2.1 to allow for an addition with less
than the required sideyard setback at 18 Nelson Way in the R -1 Zone. Granted:
Planning Board recommendation was 3 -2 positive
2. Edward Smith (Red Dog Inn) for a Special Permit per Section 3.10.4.A to allow
I Meeting of November 18, 1998
for the expansion and alteration of a pre - existing, non - conforming structure at
590 Elm Street in the R -i Zone. Granted: Planning Board recommendation was
5 -1 positive
John Foley for a Finding per Section 3.10.4.13 to allow for the alteration of a pre-
existing, non - conforming single family home at 292 Central Street in the R -2
Zone. Granted: Planning Board recommendation was 6 -0 positive
➢ Copy of letter to Trudy Coxe from MassHighway re: proposed warehouse building
ENF with copy of letter regarding same from Shaun Burke
➢ Copy of letter to John D'Agostino from Patrick Moynihan, Transportation Secretary,
regarding Old Colony Multi - Purpose Trail project funding
Public Hearing Notices — Sharon Board of Appeals
Public Hearing Notice — North Attleborough Planning Board
Public Hearing Notice — Foxborough Zoning Board of Appeals
➢ Access New England newsletter
MassDevelopment announcement
➢ SRPEDD 1998 Annual Report
➢ New England Planning— November issue
B. L. Makepeace newsletter "Random Access"
47 Chauucy Street Special Permit Continued Public Hearing I
Paul Folkman was present and advised the board that the Zoning Board of Appeals had
denied their variance request. He asked for a continuation of the public hearing in order
to allow time to reconfigure the site and conduct further negotiations with the landowner.
Motion: To continue the public hearing until December 2, 1998 at 8:00 p.m.
(Dolan- Frank) 7 -0 PASSES
Site Plan —12 Villa Street (Team Marketing) J
Mr. Burke reviewed the site plan with the board, pointing out Team Marketing's desire to
create additional parking for staff in the rear of the property and leave parking in front for
customers. This need is created by on- street commuter parking which eliminates parking
for customers and staff. An attempt to purchase adjacent land from the Town was
unsuccessful.
Motion: To send a positive recommendation to the Building Inspector.
(Torman- Dolan) 7 -0 PASSES
River Edge Estates Continued Public
James Dunn of Dunn- McKenzie Engineering reviewed the revisions made to the plan in
response to concerns at the last meeting. Shirley Hanlon, Conservation Commission
Chairman, advised the board that they voted 6 -0 in favor of accepting the open space
land. They do not, however, want a sign as large as the one proposed by the applicant.
Meeting of November 18, 1998
Mr. Burke stated he had spoken with Town Counsel regarding the easement agreement
submitted by Mr. Benoit. Mr. Mangiaratti noted four concerns:
• there is no line in the agreement specifically granting the easement
• there are no details of the easement rights
• there was no plan attached and no plan reference
• there is no description or meets and bounds of the easement
Mr. Dolan noted that the hammerhead cul -de -sac on Canoe River Drive is still being
proposed - -which is what Mr. King wants, but not what the neighbors want. Mr. Benoit
stated it's on the approved plan for Canoe River Estates and was supposed to be built.
Mr. Burke explained that the Water Department is looking for a way to prevent a
deadend main. Constructing the easement gives Mr. King a house lot with frontage on
Canoe River Drive for land he presently owns and in turn Mr. Benoit will give the Water
Department an easement for the water loop. The hammerhead doesn't have to be built
for the water easement, but it is necessary to meet Mr. King's needs.
Mr. Dunn noted that the meets and bounds are defined on page 4 of the plan and can be
incorporated into the agreement. Mr. Burke noted it is necessary to define them in the
agreement to show what rights are public and what are private. Mr. Frank pointed out the
need to guarantee access to the open space land.
Mr. Sullivan said the access will follow the water line and suggested the wording be
changed to utility easement and emergency access easement from Canoe River Drive to
River Edge Road. He pointed out the need to get from Canoe River Drive to River Edge
Road all the way across Lot 7.
Mr. French asked if Mr. Benoit is going to build the hammerhead for Mr. King. Mr.
Burke said it will be necessary to provide a detail sheet if the road is going to be finished.
Mr. Sullivan noted there should be some legal way to turn around at the end of the road,
stating his belief that a hammerhead is preferable to a full cul -de -sac. Mr. Burke
suggested the need to come in at another meeting and propose the hammerhead instead
of the cul -de -sac.
Dr. Torman noted the easement agreement meets the needs of Mr. Benoit and Mr. King,
but doesn't cover the things the board asked for. He stated the board needs to see it in
writing and on the plan. Mrs. Flynn said she doesn't understand why the board can't get
a letter from Doug King saying Steve Benoit has permission to build the road on his
property. Mr. French stated the board is trying to get a utility and emergency access
easement from Canoe River Drive to River Edge and through to the open space. Mr.
Frank pointed out that all the board has before it is an agreement for an easement —not
an actual easement. Mr. French suggested the board move on to other concerns and that
the agreement be drawn up and reviewed prior to the board's signing a decision. Mr.
Benoit stated he has the easement and has already paid Mr. King for it. Dr. Tornian
asked him why he didn't bring it in if lie has it.
Meeting of November 18, 1998
Mrs. Flynn said she would like to know how the board feels about the bonus lot. Mr.
Benoit said he is cleaning out the swale and giving the town a culvert. Some engineering
work remains to be done in conjunction with the Town Engineer. Plans for the culvert
and swale cleaning were discussed, with Mr. Sullivan asking that a small rubber -tired
vehicle be used in the portion behind homes on Canoe River Drive.
Mr. McShane asked Mr. Benoit if lie has looked at any landscaping for the entrance to
the open space land. Mr. Benoit said he thought a rock with the information engraved
into it would look nice and would be permanent.
Mr. Burke suggested that the board could move forward and should consider a straw vote
to determine the direction for the nest meeting in two weeks.
Motion: To grant the waiver from Section 4.1.3 Width of Roadway to reduce to 40 feet
from the required 50 feet due to the fact that it will lessen the impact on drainage for the
proposed development.
(Sullivan - Dolan) 7 -0 PASSES
Motion: To grant the waiver from Section 5.4 Sidewalks to waive a portion of the
required sidewalk for the inside of the cul -de -sac since it is located nest to the detention
basin area, but to provide the sidewalk on both sides of River Edge Road as it comes into
the cul -de -sac from Ware Street and around the outside of the cul -de -sac.
(Sullivan- Flynn) 7 -0 PASSES
Motion: To waive the requirements of Section 4.1.5 Dead -end Streets because a second
means of access has been provided, contingent upon receiving the necessary easement.
(Frank- Sullivan) 7 -0 PASSES
Motion: To make a positive decision to grant the bonus lot since the applicant is
providing open space in excess of 35 percent, is spending close to $50,000 in off -site
improvements to correct a problem on Ware Street and work will be bonded and done as
approved, with a rubber -tired vehicle being used to clean out the swale under the
supervision of the DPW.
(Sullivan- Dolan) 6 -1 with Mr. Frank opposed.
Mr. McShane said lie felt the only thing at stake with the bonus is the culvert, noting he
sees that and the open space for the cluster as two issues.
Motion: To direct Mr. Burke to prepare a positive decision with the following
conditions:
I . Plan Changes: All conditions shall be met during the twenty (20) day appeal period.
■ plans to be revised to show the "utilities and emergency access easement"
from Canoe River Drive, up along the Shell Oil line, and across to River Edge
4 Meeting of November 18, 1998
Road access easement to provide emergency access through the remaining
land of the applicant to River Edge Road
■ easement to provide emergency access through the remaining land of
applicant to River Edge Road
■ approval is granted subject to a signed easement to the satisfaction of Town
Counsel across the property of King, said easement needing to be signed prior
to the Planning Board's signing of the plan. Easement must include and
clearly demonstrate:
a. there is a clear and specific grant of an casement from Douglas King
to B & M Realty
b. detail of easement rights
c. plan attached and plan reference
d. description of easement (distance and bearing or meets and bounds)
e. and be a signed easement — not an agreement to an easement as
previously submitted
■ plan to show the sidewalk on both sides from Ware Street and around the
outside of the cul -de -sac
■ note to be added to plan that open space is not to be further disturbed, other
than shown on the plan, prior to its conveyance to the Conservation
Commission with the exception of removing the debris and installing
drainage, water lines, and emergency access per drawing detail
■ a small, pennanent, low -key sign to be provided that will tit into the natural
setting that clearly indicates that the land is available to and accessible by the
general public
■ plan to show waiver for road length
2. Open Space: All areas shown as common area on the plan entitled "River Edge
Estates" dated May 20, 1998 and last revised November 20, 1998, shall be open to
and utilized by the public in a manner consistent with the use policy established by
the Mansfield Conservation Commission. For the purposes of this special permit,
common space shall be defined as all those portions of the site other than residential
lots and all street right -of -ways. Use of common space areas shall be restricted to
passive recreation.
The open space shall, in its entirety, be deeded to the Town of Mansfield
Conservation Commission. Said transfer shall occur at the time of signing of the
special permit.
C Grant of a twenty foot (20') utility easement and emergency right -of -way over land of
5 Meeting of November 18, 1998
King to the open space to be deeded to the Town of Mansfield shall be written and
described in a manner suitable for recording.
3. Performance Surety: Prior to recording of the approved plan and special permit
decision, the application and/or subsequent owner shall submit a covenant running
with the land, suitable for recording and written in conformance with the Rules and
Regulations Governing Subdivision of Control Law.
The applicant shall submit prior to the request for release of lots from covenant a
tabular summary of all quantities of each construction item to be broken down in a
manner sufficient for the Planning Board or its agent(s) to estimate the cost of
construction for bonding purposes. Said tabular summary shall include, but may not
be limited to, all roadway work, landscaping, common areas, water, drainage, electric
(power and lights), fire alarms, and other construction proposed on the plan.
Prior to granting a release from covenant, in part or in whole, the applicant or
subsequent owner shall complete all the required improvements or submit a
performance bond, a deposit of money, or a bank passbook in an amount determined
by the Planning Board to be sufficient to cover the cost of all or any part of the
improvements required by this special permit. Said surety shall also include a ten
(10 %) contingency factor based upon the total value of the work at the time of the
posting of surety.
4. Improvements within River Edge: All improvements required of an approved
definitive subdivision plan shall be required within River Edge Estates.
Said improvements shall be installed according to accepted Town of Mansfield
specification and standards, as well as sound engineering and construction practice.
All improvements shall be subject to inspection and release by the appropriate Town
boards, staff, or other regulating authority.
In all cgses, the width of all rights of way, paved roadway surfaces, curb types,
sidewalk location and width shall be as shown on the plan sheets dated May 20, 1998,
last revised November 20, 1998.
5. Ware Street and Other Off -Site Improvements: Bond and specification of culvert
crossing under Ware Street shall include design and replacement of the existing
culverts with a 4 -foot by 2 -foot box culvert and wingwalls sized to accommodate a
fifty -year storm, or other size as approved by the Town Engineer; cutting, removal
and replacement of roadway pavement, including replacement/relocation of utilities;
cost of police detail; cleaning and placing swale on Lot 54; installation of guardrail;
cleaning out of ditch from the culvert to the existing drainage easement; and cleaning
( out the drainage easement behind the houses with a small, rubber -tired backhoe. A
performance bond for this work shall be posted and held in an account separate from
the subdivision surety.
6 Meeting of November 18, 1998
Motion: To continue the public hearing to December 2, 1998 at 8:30 p.m., at which time
the board expects to have a revised plan and an easement.
(Sullivan - Frank) 7 -0 PASSES
on Chairmen's
Mr. French reported that a final review of the proposed charter revisions took place at the
Chairmen's Meeting and that Mr. Madan has asked each board for a vote as to whether
they support the new charter or the present charter. Board members said they support the
change in length of the Planning Board term from five years to three, but do not like the
revision that would reduce Planning Board representation on the Capital Improvements
Committee from two members to one with the addition of two voting members from the
School Committee. It was also noted that the present charter allows the Planning Board
to appoint a SPREDD representative, while the new charter does not. The new charter,
however, gives the Planning Board the additional responsibility of reporting to Town
Meeting on the current and future condition of the town. Mr. Madan has scheduled
another meeting in January that will be televised and at which each chairman will give
the report for his or her respective board.
Board members were asked to review the Town Charter as revised for discussion at the
meeting of December 2 "a
Around the Table
Mr. Frank said that in light of recent litigation regarding Ridgeview, he believes the
board needs to redefine "dead -end streets." Mr. Dolan pointed out that in dealing with a
cluster, it's not an issue because the board has discretionary powers when granting a
special permit.
Mr. McShane asked the status of paving of Karl Clemmey's lot and if the Bubble
landscaping, is considered complete, noting the trees are dead. Mr. Burke said the
landscaping was done within the lot and along the back three sides. Mr. McShane also
asked Mr. Sullivan if there is anything in particular regarding old business that he would
like the board to keep track of after his tern ends. Mr. Sullivan said the two issues he
has for follow -up are the Building Inspector's enforcement of sight distance at the corner
of North White Pine Lane and School Street and the clean-up/restoration of the Franklin
Street site.
Motion: To adjourn at 11:05 p.m.
(Dolan- Torman) 7 -0 PASSES
7 Meeting of November 18, 1998
))Let Lz rnLc
Signature of CI_ rk
Date of Approval
Next Meetins: December 2,1998 I
8 Meeting of November 18, 1998