HomeMy WebLinkAboutmin of planning brd 6/24/1998PLANNING BOARD MINUTES
June 24, 1998
Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie J. Dolan;
Marydee Flynn, Scott A. Frank; Thomas P. McShane; and Kenneth H. Torman. Also
present was Shaun P. Burke, Director of Planning and Development.
Meeting called to order at 7:30 p.m.
Memorial Park
John D'Agostino, Town Manager; Mike Ahern of Public Works; and Michael
Trowbridge, Hutchins - Trowbridge Associates, presented plans for the expansion of fields
at Memorial Park. Mr. D'Agostino explained that, at the request of abutters, he has
tentatively agreed to hold off on expanding the parking area for the present time since the
fields will not be ready for use for two years. They showed the areas where fencing is
proposed, with 6 -foot chainlink fence proposed along Pratt Street for safety reasons.
They also showed two other areas where chainlink fence will be used, noting the Town's
attempt to protect the neighborhood and the fields from each other. Mr. D'Agostino
noted they have spent $8,000. to clear the area and have $58,000. to loam, grade and
seed, which will be done by the Department of Public Works. At present, they are asking
for the ability to de -stump the area. The Town has owned the land, designated for
recreation purposes, since 1975. There is also a well on the site which can be used for
irrigation purposes.
Mr. Trowbridge pointed out the wetland areas and noted the attempt to fit in the fields
and still leave green area. Mr. D'Agostino pointed out proposed pathways for field
access, as well as an access road with a chainlink gate for maintenance. Proposed plans
for buffering were reviewed, with pines being replanted to quickly fill in the gaps created
by the clearing. In response to questioning, Mr. Trowbridge said the fields would only be
used during the day and would not be lighted.
Dr. Torman questioned having only a 6 -foot fence along Pratt Street if the intent is to
keep vandals out and stray balls in the playing field. He also questioned the advisability
of having a 320 foot walkway through the woods with no additional lighting. Mr.
D'Agostino explained that the paths are for people to use the existing lot and walk down
to the fields. The lighting from the tennis courts can be redirected, but putting up
additional lighting would encourage nighttime use of the property.
Board members asked about "No Parking" signs on Pratt Street, how much land is
involved, if the plan is to be revegetated along Route 106 so the fields are not visible
from the street, and if funding is presently available for revegetation. The project
proponents replied that there is money currently available for revegetation, which will be
started in the next month or so, but Town Meeting approval would be necessary for the
fencing for the 3 1/2 acre site.
Minutes of June 24, 1998
Mr. D'Agostino reiterated that the parking was controversial with the neighborhood
residents, which is why he agreed to delay the parking lot construction until the fields are
ready for use; however, if site plan review shows parking is needed and consensus can be
reached, it will be proposed to the residents. He noted there is also additional parking
needed for the Library and Council on Aging facility.
Mr. McShane pointed out the problems resulting from coming in to discuss the matter
after the work was already started, asking why the plans were not presented prior to the
clearing taking place. Mr. D'Agostino noted there is no permit needed for cutting trees
on land for recreational use. While acknowledging they should have come in sooner, he
also pointed out the plan would not be any better nor the configuration any different with
the existing wetland areas. The situation existed to have the trees cut down quickly and
at a reduced rate, and the Town availed itself of the opportunity.
Mr. D'Agostino concluded the presentation, apologizing for not coining in earlier in the
process, and assuring the board he will be looking for their input and feedback as the
project progresses.
Motion: To approve the plan wholeheartedly with the understanding that t) a substantial
vegetated buffer will be provided between the new fields and Pratt Street; 2) the fields
will not be used until the fence is erected; 3) no lighting is proposed now or in the future
for the fields themselves; 4) in the reconstruction of the tennis courts, any lighting that is
no%v directed toward Hope Street will be re- directed toward the tennis courts or proposed
fields; and 5) there will be additional discussion regarding the need for parking during
the site plan review process.
(Torman- Dolan) 7 -0 PASSES
Mrs. Flynn noted reference during the discussion to the fact that neighborhood residents
are concerned about parking in an area some of them use for composting. The only
concern of the residents she heard from was "what is happening in their neighborhood
with their tax dollars" and neither the Planning Board nor the residents knew anything
about the project before it started happening. Mr. Trowbridge said the residents were all
notified by certified mail prior to the ConCom public hearing and only two people carne
to the meeting.
Eastern Container Continued Public Hearing
The continued public hearing for Eastern Container re- opened at 8:15 p.m. Jeff Prince,
architect, reviewed the revisions to the plans since the last meeting, noting they have
been in negotiations with abutters and have attempted to make the various changes
requested by the abutters, the town, and the board.
Mr. Sullivan read the following correspondence:
• Memorandum dated June 19, 1998 from Bill Buckley, Jr., summarizing the changes
Memorandum dated June 28, 1998 from the Mansfield Fire Department
9 MinwpP of (nnr'74 IOOR
• Memorandum dated June 28, 1998 from the Mansfield Fire Department
• Memorandum from Bob Morrison dated June 22, 1998
Mr. Prince thanked the abutters for their cooperation in revising the plan and allowing
the business operations to continue.
Jeff Muir, along with his wife Kara, of 3 Summer Street, Foxboro, noted they have been
in negotiations with Eastern Container and were here to see that the plans have been
modified as agreed to. He stated that if a written agreement is executed prior to the
appeal period, they will not be appealing the granting of the Special Permit.
Ralph Penney of 336 Maple Street stated he is somewhat relieved that there is
cooperation. He said his main concerns are with noise, hours of operation, traffic on
Oakland and Maple Streets, and protection against contamination of the Cate Spring
wells.
Mr. Burke noted the Special Permit would be decided based on the issue of water quality.
Mr. Penney stated refueling of vehicles in the parking lot could affect water quality. Mr.
French assured him the board would consider conditions at the appropriate time.
Mrs. Flynn pointed out Eastern Container's previous willingness to change their hours of
operation and questioned if other concessions would be made if they were not conditions
of the approval. Mr. Burke replied that if they make the offer, the board can accept it and
record it in the narrative and have it added to the plan.
John Beaton of 14 Joanna Drive said water quality is a neighborhood concern, as is the
noise level. He stated they have a roof unit that sounds like a large vacuum cleaner with
marbles going through it at night. Mr. Prince said they found a malfunction in the roof
unit a couple weeks ago which has been repaired. Jim Wall of 15 Joanna Drive also
spoke of the noise of the roof unit, stating it sounded like a train running through a
Boston subway.
Mr. French asked if there are going to be storage tanks and a fueling bay on the property.
Mr. Prince said there will not be either. Mr. Frank asked how the revisions would affect
the Shell Oil easement. Mr. Prince said it will be relocated to go around the building.
Additional questions were asked about traffic patterns within the property.
Mr. Buckley reviewed changes made to the drainage, noting the addition of an oil /water
separator in what used to be the truck area. He pointed out the implementation of a
multi -stage water quality system which will result in greater recharge after construction
than at present. Noise abatement plans were also reviewed.
Mr. Sullivan asked about a maintenance plan for the oil /water separators, suggesting they
should be inspected every six months and cleaned annually, or as necessary, with records
being sent to the Board of Health and the Planning Board copied.
3 Minutes of June 24, 1998
Mr. Burke stated he has reviewed the revised plan and is pleased with the changes, noting
it has been a long process and the plans now take into account many of the concerns of
the abutters. He suggested the proposal is worthy of approval.
Motion: To close the public hearing.
(Dolan- Sullivan) 7 -0 PASSES
Motion: To have Shaun Burke develop conditions for approval of the Special Permit, to
include the following:
• there be no refueling in the parking lot of the facility
• no parking of trailers or drop -off of trailers on Maple Street
• any conditions would be incorporated onto the plan
• oil /water separator be added to the existing parking lot drainage prior to discharge to
the detention basin
• a maintenance plan be developed for the storm water management system that would
include inspection of the oil/water separators every six months and clean out as
necessary, but at least once a year, with written reports to the Board of Health and
Planning Department
• review correspondence regarding commitments regarding timing of lights, removal of
outside pagers, and other offers related to noise that have been discussed
• review Zoning Board of Appeals conditions and repeat as part of the Special Permit
decision
• no prolonged idling of vehicles at night
• note any commitment made regarding hours of operation
• loading doors will be closed when there is no trailer in front of them
• understanding that proponent is committed to working with abutters to mitigate noise
that occurs from the facility
Scott Frank: In favor - believes that with the conditions it does not adversely impact the
water quality of the community.
Kenneth Torman: In favor - has seen the management of Eastern Container show a
marked willingness to work with the abutters to do the best they can to address their
concerns.
Bernie Dolan: In favor - compliments the company in working with the board and
spending a long time to do everything requested. The proposed development will make
the water quality better.
Tom McShane: In favor - the plan improves the water quality, increases re- charge,
preserves 206 jobs, and reduces or eliminates 30 cross -town truck trips per day.
John Sullivan: In favor - improves the water quality leaving the site; hopes the applicant
( will continue to work with the abutters.
4 Minutes of June 24, 1998
i
Matydee Flynn: In favor - believes the proponent is going to try to protect the quality of
water at Cate Springs.
Thomas French: In favor for all the reasons stated
Motion passes 7 -0 and, having received a super- majority of five (5) votes, the Special
Permit is granted.
Public Comment
Ralph Penney gave a brief update on the progress of the Charter Review Commission,
noting their last meeting seeking public comment is pending. Discussion followed
regarding having the Charter Review Commission look at site plan approval
responsibilities.
Ridgeview Continued Public Hearing
The continued public hearing reopened at 9:05 p.m. Mike Trowbridge noted that since
the last meeting he has done test holes at the rear of the site as requested and the results
were reviewed with Scott Leite, Health Agent, where conventional sites would be. He
stated he is waiting for a date for the Recreation and Conservation Commission to walk
the site together. He has also requested time on the Selectmen's agenda to make a
presentation and would like a four week extension.
Mr. French pointed out the need to establish that each lot can be built on in order to show
the number of conventional lots that could be obtained from the parcel. Mrs. Flynn noted
that she had not voted for additional traffic information and did not want anyone to think
the informational information would obligate her to vote pro or con. Mr. McShane asked
about traffic accident data at Maple and Winter Streets and a stabilization plan for the
back yards on Potash.
Motion: To continue the public hearing to July 29, 1998 at 7:30 p.m., provided the
applicant submits in writing one week prior to that date any additional information he
intends to submit at the hearing.
(Sullivan- Frank) 7 -0 PASSES
Around the Table
Members discussed the joint meeting of the Board of Selectmen, Board of Health and
Planning Board regarding the Wastewater Master Plan, noting their belief that it was a
good meeting and stuck to our Master Plan.
5 Minutes of June 24, 1998
Correspondence
i
• Minutes of June 3, 1998
Motion: To approve - (Flynn - Sullivan) 6 -0 -1 with Mr. McShane abstaining.
PASSES
• Partial release of surety - Stearns Hill Estates Phase IV; memorandum from Dan
Clifford recommending $14,755. be released, leaving a balance of $68,749.23
Motion: To release $14,755, leaving a balance of $68,749.23
(Sullivan - Frank) 7 -0 PASSES
• Partial release of surety - Stearns Hill Estates Phase V
Motion: To release $47,560.59, leaving a balance of $178,880.04
(Sullivan - Flynn) 7 -0 PASSES
• Partial release of surety - Millfarm Estates; memorandum from Dan Clifford
recommending $31,000 be released, leaving a balance of $64,000.
Motion: To release $31,000, leaving a balance of $64,000.
(Sullivan- Frank) 7 -0 PASSES
• Zoning Board of Appeals Applications:
1. Village at Willow Crossings - Variance request for a freestanding sign, two -
sided, 32 sq. ft. per side, at 132 South Main Street in an R -2 Zone
Motion: To send a positive recommendation (Dolan -no second)
Board members stated the sign is much larger than needed and is
inappropriate in a residential zone. Also noted was the sign, if placed
perpendicular to the street, could be much smaller and still be easily seen.
It was also pointed out during discussion that the application incorrectly
states the applicant is seeking relief under the provisions of 4.7.4.2 of the
Zoning By -law, which governs signs in the Business Districts, and should
be amended to accurately seek relief from Section 4.7.4.
Motion: To send a negative recommendation to the Zoning Board of
Appeals for the above reasons, but noting the Planning Board would be
agreeable to a sign of a reasonable size.
(Sullivan - Torman) 6 -0 with Mr. Dolan opposed PASSES
2. Application of Robert Rubino for a variance from sideyard dimensions at 73
Jewell Street in an R -1 Zone - Mr. Dolan noted it's a corner lot and will not
interfere with sight distance. Mrs. Flynn asked that the record show she is not
participating in the discussion because she is a Jewell Street resident.
Motion: To send a negative recommendation to the Zoning Board of
Appeals.
(Frank- Tonnan) 3 -3 -1 with Frank, Torman and Sullivan in favor,
French, Dolan and McShane opposed; Mrs. Flynn
abstaining FAILS
6 Minutes of June 24, 1998
(
Mr. Dolan asked members if they thought it would be a good idea to follow up on Ralph
Penney's suggestion to have the Charter Review Commission take a look at site plan
approval responsibility. Members agreed that having responsibility for review, but not
for approval, is often frustrating and is a topic which has been discussed on several
occasions.
7 Minntec of rime 74 ] (AX
• ZBA Decisions
I. Joseph Milani - Special Permit for the alteration of a pre - existing, non-
(`
conforming single family home at 277 West Street in an R -I Zone - Granted;
Planning Board Recommendation: 5 -0 positive
2. Eastern Container - Special Permit to allow for the modification of
Landscaping and Screening Requirements; a use with more than the permitted
number of entrances /exits, with said entrances /exits to have greater width than
allowed; an expansion with a floor area ratio greater than allowed at Oakland
and Maple Street in an 1 -2 Zone - Granted; Planning Board Recommendation:
7 -0 positive
3. Serena Nardone - Special Permit to allow for the expansion of a pre - existing,
non - conforming structure at 670 East Street in a B -3 Zone - Granted; Planning
Board Recommendation: 6 -0 positive
4. Versacare - Variance for a sign larger than allowed at 300 Branch Street in
an R -2 Zone - Granted; Planning Board Recommendation: 7 -0 negative
5. Hub Folding Box Company, Inc. - Special Permit to allow for the expansion
of a pre- existing, non - conforming industrial building which does not meet
floor area ratio and minimum open space requirements for a building at 774
Norfolk Street in an I -1 Zone - Granted; Planning Board Recommendation:
6. 6 -0 positive
• Copy of letter from SRPEDD re: Great Waves Draft Environmental Impact Report
• Letter from Ann Iarrobino re: Great Waves
• Copy of letter from Rayna Rubin to John D'Agostino re: Great Waves
* Public Hearing Notice - Foxboro ZBA
• Public Hearing Notice - Sharon Board of Appeals
• Public Hearing Notice - North Attleboro ZBA
• Public Hearing Notices - Attleboro Planning Board
• Mass. Historical Commission conference notice
• SRPEDD Joint Transportation Planning Group meeting notice
• New England Planning, June 1998
• Planning magazine, June 1998
• Copy of letter from Jay Zola to Stearns Hill residents re: signage petition
• Letter from Motorola re: Special Permit
Motion: To have Shaun Burke evaluate the situation with Town Counsel and
make a recommendation.
(Sullivan- Flynn) 7 -0 PASSES
Around the Table (continued)
(
Mr. Dolan asked members if they thought it would be a good idea to follow up on Ralph
Penney's suggestion to have the Charter Review Commission take a look at site plan
approval responsibility. Members agreed that having responsibility for review, but not
for approval, is often frustrating and is a topic which has been discussed on several
occasions.
7 Minntec of rime 74 ] (AX
Motion: To send a letter to the Charter Review Commission asking them to review and
consider the topic of responsibility for site plan approval and to have Shaun Burke
discuss the matter with the Building Inspector, with the possibility of his sending a letter
to the Charter Review Commission if he is in agreement with the suggestion.
(Dolan - Torman) 7 -0 PASSES
Mr. McShane reported that there is a great deal of misunderstanding regarding the Great
Waves Draft Environmental Impact Report. He stated that in issuing the Certificate,
Trudy Coxe said that Great Waves would not be using Mansfield's water to fill their
pools and has assurances they are taking responsibility for getting their own water. He
also stated it is unfortunate that the Town Manager fired off an angry response to her
action, because it will not help the Town's position.
Dr. Tonnan asked what the building being erected at Karl Clemmey's South Main Street
parking lot is for. Mr. Burke will be asked to look at the site plan and report back to the
board.
Mr. McShane asked about River Edge, noting the lots are already listed through MLS for
sale. The plan is scheduled for public hearing on August 12th. He also said he has heard
there is a problem with underground tanks on the site.
Mrs. Flynn asked that a letter be sent to Mr. D'Agostino and Mike Ahern, thanking them
for attending our meeting tonight and noting it is important that they follow the Charter
and come to the Planning Board as the clearinghouse for municipal projects in the future.
She also asked that the letter state we look forward to working with them as the project
progresses and to continued discussion on other town projects.
Adjournment
Motion to adjourn 11:00 p.m.
( Torman- Frank) 7 -0 PASSES
7� s79�
Ignature of Jerk Date of Approval
Next Meeting: July 15,1998 at 7:30 p.m.
Minntrc of Inne 9d 1999