HomeMy WebLinkAboutmin of planning brd 7/15/1998PLANNING BOARD MIlVl7TS ;`! ICE
July 15,1998
Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., G1ej c; Bernie J. Dolan,
Marydee Flynn, Scott A. Frank; Thomas P. McShane; �dennet$JH, grtpan. Also
present was Shaun P. Burke, Director of Planning and Development.
Meeting called to order at 7:30 p.m.
I —osenh Ditchman – Cleveland Twist Drill Property - I
Joseph Ditchman came before the Board to discuss his plans to go ahead with the retail
development of the Cleveland Twist Drill property. Mr. Ditchman showed the plan of
the site, where he proposes to take down the older perimeter part of the building and use
the core of the building for retail and daycare. He stated he has commitments from three
tenants— Blockbuster Video, Gold's Gym, and a daycare facility. He stated his continued
interest in going forward with the development of the Hatheway- Patterson and Clemmey
Tank property, as well as his interest in working with the MBTA, but expressed his
frustration with the lack of cooperation he has received from the "T" and GATRA. He
said he hopes going forward with the retail development of the Cleveland Twist Drill
property will give the "T" the push needed to resolve the conflict.
Planning Board members suggested that if what he proposes for the property is a use -by-
right, he should proceed with the site plan process and apply for any permits necessary.
■ Minutes of June 24, 1998 – Mrs. Flynn offered amendments on pages 5 and 6 to
clarify her statements and participation during discussion.
Motion: To approve the minutes as amended.
(Flynn- Sullivan) 6 -0 with Mr. McShane not present. PASSES
■ Eastern Container Special Permit – drafts of two versions of the decision were
reviewed, Draft I reflecting the motion made following public hearing and Draft 2
with conditions added as agreed to between Eastern Container and abutters. Mr.
Burke recommended the board not sign a decision containing conditions agreed to by
private parties and which were not discussed during the public hearing. Board
members agreed, noting that such an action could result in a procedural defect. Mr.
Frank noted Eastern Container can sign and record an operating covenant to include
the conditions agreed to with the abutters without involving the town.
Motion: To sign Draft 1 of the Eastern Container Special Permit Decision with
Condition 3 on page 6 amended to read: "Loading doors shall be kept closed
overnight when there is no trailer in front of them."
(Torman- Sullivan) 6 -0 with Mr. McShane not present PASSES
Minutes of July 15, 1998
47 Chauncy Street Public Hearing
( Mr. Sullivan read the Notice of Public Hearing as it appeared in the Mansfield News on
June 26"' and July P. Also read was a letter from the applicant, Paul Folkman of
Folkman and Zola, requesting that the hearing be continued to July 29`h since neither he
nor Mr. Zola were able to be present tonight.
Motion: To continue the public hearing to July 29`h at 8:30 p.m.
(Dolan - Frank) 7 -0 PASSES
Stillbrook Farm Public Hearing
The public hearing for Stillbrook Farm was opened at 8:45 p.m. with Mr. Sullivan
reading the notice of public hearing as it appeared in the Mansfield News on June 26`h
and July P. The definitive plan for a 9 -lot subdivision off Fruit Street in an R -2 zone
was previously submitted as a preliminary plan entitled "Pheasant Ridge." The 17 -acre
parcel was shown as subdivided with two lots having access from Fruit Street and the
remaining seven lots off the proposed Stillbrook Lane. All lots will be serviced with
public sewer and water.
Leonard Bradley of Commonwealth Engineering presented the most recent set of plans
and reviewed the proposed drainage system, stating there will be no increase in runoff
from the property.
Mr. Sullivan read the following correspondence:
➢ Memorandum dated July 15, 1998 from Shaun Burke, Director of Planning
and Development
➢ Letter dated July 13, 1998 from Jeffrey J. Siena, Chairman of the Airport
Commission
➢ Memorandum dated July 13, 1998 from Lee M. Azinheira, Town Engineer
➢ Memorandum dated July 9, 1998 from Gary D'Ambra, Mansfield Municipal
Electric Department
➢ Memorandum dated July 7, 1998 from Richard Lewis, Environmental &
Conservation Planner
➢ Memorandum dated June 29, 1998 from Lt. Joseph J. Sarro, Mansfield Fire
Department
➢ Memorandum dated June 23, 1998 from Ptim. L. M. Lawson, Mansfield
Police Department
➢ Memorandum dated June 23, 1998 from Steve Bishop, Water Department
Foreman
Mr. Bradley stated they don't have a problem with most of the comments but, due to a
difference in interpretation, will be asking for the following waivers from the subdivision
{ regulations:
1. Section 5.3.2.7.6 requiring that detention facilities, retention facilities,
2 Minutes of July 15, 1998
infiltration systems or any combination thereof shall be located no closer than
100 feet from the nearest subdivision boundary line.
2. Section 5.3.2.7.10 requiring minimum cover of three feet over the drain lines.
3. Section 5.3.2.7.11 requiring cement concrete or reinforced concrete pipe be
used under the roadway pavement.
Stanley Dudek of 254 Fruit Street asked about a plan for the property that was submitted
sometime back and denied and questioned why it's okay now. Mr. Bradley told him this
is an entirely different proposal than the one previously submitted and the property had
been reconfigured. Mr. Dudek noted there is a brook and wetlands on the site and
expressed his concern about getting water in his cellar when the property is developed.
He also asked who "Fruit Street Realty" is and if they're in the phone book, how big the
houses will be, and stated he thinks there should be a stop sign at the proposed Stillbrook
Lane and Fruit Street.
Tom Buckley of 60 Angelina Drive asked how many perc holes were done, noting the
property is near wetlands and he is getting water on his property now.
John Weddleton, Trustee of Fruit Street Realty, was introduced and he stated he is a CPA
with an office in Norwood who represents a group of investors, and his firm has been
listed in the telephone book for the last twenty years. He assured those present that the
subdivision would be an asset to the neighborhood, stating he has his own construction
company, sells homes to his clients, and maintains high standards. He stated that starting
prices for the homes will be in the high $300,000's and suggested they look at Hidden
Meadows, which he has just developed in Wrentham, as an example of the type of
development he does.
Steve Lyons of 53 Angelina Drive spoke of his drainage concerns and asked the board's
policy in granting waivers. Mr. French advised him that the board in the past has tried to
adhere to the regulations and has only given waivers when it feels they are in the best
interest of the town to do so. Mr. Weddleton assured him a grass swale is not intrusive,
but rather looks very natural and will be topped by a stone wall.
Jeff Siena advised the board that the Airport Commission would like to see the plan and
deed noted to indicate the homes will be in the flight path to in order to avoid future
complaints.
Mr. McShane asked why they are using stone swales instead of grass. Mr. Bradley said
they are being used as conduits, hence the stone bottoms and grassed sides. Mr.
Weddleton reiterated the swale will have a split -rail fence on one side of it and
wildflowers on the other and really looks beautiful.
Mr. Bradley stated there is a possibility they may be asking for a waiver for street width,
noting 500 feet of 26 -foot wide roadway is a lot of road for that area.
3 Minutes of July 15, 1998
Mr. Sullivan said he would like sight distance in each direction to be shown on the plan,
( along with the frontage of each lot. He also asked if they are meeting stormwater
requirements.
Mr. French asked if Back Bay Brook shows on the FEMA maps. Mr. Bradley said it does
not and the area is not shown to be in a flood plain.
Mr. Bradley advised the board that Mr. Weddleton has asked him to prepare an ANR
plan to close on a portion of the land he is buying from the Blisses and to cut out lots 9
and 1 from the subdivision plan. Mr. Burke noted he will be dividing the drainage
system, but if he has lots on the existing way, the plan would warrant endorsement. Mr.
Weddleton assured the board he is aware of the risk involved and would take appropriate
measures to protect his ability to develop the subdivision by providing easements. He
stated he has a local buyer for the existing house who has already sold their home and,
without the Form A lot, they would not be able to buy the house until the new roadway is
put in.
Motion: To continue the public hearing to August 26`h at 8:00 p.m.
(Sullivan- Dolan) 7 -0 PASSES
Following a brief recess the majority of the board continued the meeting, with Mr. Dolan
serving as Acting Chairman until the return of Mr. French.
■ Letter from Steve Benoit of B & M Realty Trust requesting perssion to clear land
mi
for Form A lots on the proposed Riveredge Drive
Motion: To send a letter to Mr. Benoit advising him that the board neither grants nor
denies landowners permission to clear their own land.
(Flynn- Torman) 5 -0 with Mr. French and Mr. McShane not present
■ ZBA Application: Town of Mansfield for a Special Permit for the change and
alteration to a pre - existing, non - conforming structure and a Variance from the
required rear yard setback for alterations to the Town hall HVAC system.
Motion: To send a positive recommendation to the Zoning Board of Appeals.
(Torman- Flynn) 5 -0 with Mr. French and Mr. McShane not present
• Copy of memorandum from John O. D'Agostino, Town Manager, re: Planning Board
review of municipal projects
• Memorandum from Bertram M. Cook, Building Inspector, re: proposed site plan
review change
• Letter from John Dunn, Charter Commission Chairman, re: proposed site plan
review change
• Memorandum from Gary D'Ambra, Light Department, re: Streetlight guidelines for
URD Subdivision
• Copy of memorandum from Shaun Burke to John D'Agostino re: response to
4 Minutes of July 15, 1998
comments made by Karl Clemmey at the July 8a' Selectmen's meeting
• Copy of letter from Kevin Poirier to John D'Agostino re: Great Waves comments
• Copy of letter from Leonard Flynn to Trudy Coxe re: Great Waves
• Copy of memorandum to Atty. Robert Mangeratti from John D'Agostino re: Land
Acquisition (Deed Research)
■ Letter from Bradley Duaphinee re: curb cuts for Milton Street, with copy of Shaun
Burke's letter of response
• Public Hearing Notices 0- Sharon Board of Appeals
• Public Hearing Notices — North Attleboro ZBA
• Public Hearing Notices — Attleboro Planning Board
• Public Hearing Notices — Norton Planning Board
• Public Hearing Notices — Easton Board of Appeals
• Public Hearing Notices — Plainville Planning Board
• Seminar Notice — Hazard Mitigation Planning
• Southeastern Massachusetts Vision 2020 Newsletter
• Weston & Sampson Inspector Newsletter
• Seminar Notice — National League of Cities
• Solicitation for entries for 1999 National Planning Awards
• Municipal Advisor newsletter
• Newsletter of Mass. Dept. of Housing and Community Development
• Journal of the American Planning Association — Summer 1998
• Planning magazine —July 1998
• Memorandum from Dan Clifford recommending surety for Homefield Farms be set
as follows:
Road Bond (Passbook A), including 10% retainage $13236,736.19 000. 0
Off -site Water Improvements (Passbook B) 736.19
Total $168,
Motion: To set surety at $168,736.19 for Homefield Farms with the amount to be
set up in two passbooks as detailed.
(Sullivan- Dolan) 7 -0 PASSES
Motion: To sign the Form J for Homefield Farms, releasing lots I through 7
(Sullivan - Flynn) 7 -0 PASSES
Request for partial release of surety — Winslow Estates
Motion: To release $14,225.00 as recommended by Dan Clifford, leaving a
balance of $18,514.30.
(Sullivan- Frank) 7 -0 PASSES
Request for partial release of surety — Mill Farm Estates
Motion: To release $7,912.00 as recommended by Dan Clifford, leaving a
balance of $56,088.00.
(Dolan - Flynn) 7 -0 PASSES
■ Letter from James Dunn of Dunn- McKenzie requesting re- endorsement of the ANR
Minutes of July 15, 1998
l
Plan of Lots 5A and 6A on Ware Street owned by B & M Realty Trust (Steve Benoit).
Mr. Burke advised the board it is the same plan which they signed previously, but the
plan was not recorded in a timely manner due to legal problems. He recommended
endorsement.
Motion: To re -sign the ANR Plan.
(Sullivan- Flynn) 7 -0 PASSES
round the Table 1
Board members asked that subdivision regulation amendments be put on the agenda at
7:00 p.m. on August 12's. Mr. McShane advised the board he would not be able to attend
the meeting of July 29th.
Mr. McShane said that land has been cleared along Stearns Avenue, which is a scenic
road, and a steel guard rail has been put up. Mr. Burke said he would check into the
situation and, if the Scenic Road Act has been violated, suggested a letter be sent to the
DPW with a copy to the Town Manager.
Mr. Sullivan asked what is happening with Motorola. Mr. Burke replied that the suit and
appeal of the ZBA variance are being withdrawn and the agreement will include a
stipulation that the variance not be exercised.
Mrs. Flynn asked if it would be good for the board to have a list of subdivisions that
experienced flooding during the recent rainstorms. Mr. Burke noted the subdivision
regulations require storm drains be designed for a 25 -year event and used to be only 10
years. Detention basins are designed to handle a 100 -year storm. He suggested obtaining
a copy of the Mansfield Emergency Management Agency's report to the Board of
Selectmen.
Motion to adjourn 11:00 p.m.
(Torman- Frank) 7 -0 PASSES
jignature of Clerk Date of Approval
Next Meeting: July 29,:1998 at7:30 pain.
6 Minutes of July 15, 1998