HomeMy WebLinkAboutmin of planning brd 8/12/1998; r- rPLANNING BOARD MINUTES
5� Sin 3 August 12,1998
Presen,'ta °H. Thgmp s French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie J. Dolan;
Ma��e`.�1;}"+i ouS; Vmtk,. Frank; Thomas P. McShane; and Kenneth H. Torman. Also
present was Shaun P. Burke, Director of Planning and Development.
Meeting called to order at 7:15 p.m.
Mr. Dolan was acting chairman until the arrival of Mr. French at 9:00 p.m.
Motion: To nominate Mrs. Flynn as acting clerk until the arrival of Mr. Sullivan.
(Dolan - Frank) 4 -0 with Messrs. French, McShane and Sullivan not present.
Amendments to Subdivision Regulations I
Section 4.1.2.7 — take out "A" in "street A "; change to read "existing street." Change
"major roadway" to "major street." Change all references to proposed street to read
proposed "road" and all references to existing to read "street."
Motion: To approve Section 4.2.1.7 as amended.
(Frank - Sullivan) 6 -0 with Mr. French not present. PASSES
Section 4.4 Open Space — end sentence after "... for a period of three (3) years." Add:
"After such time the developer must place an article on Town Meeting warrant to sell the
open space lots to the Town at no greater than the appraised value. If the Town Meeting
votes not to purchase the open space land, then the developer may make application for a
building permit." Change last sentence in proposed amendment to read: "..improved and
made useful for conservation /recreation purposes."
Motion: To approve Section 4.4 as amended.
(Frank - Sullivan) 6 -0 with Mr. French not present. PASSES
Section 5.4.3 Sidewalks
Motion: To approve as amended.
(Flynn- Sullivan) 6 -0 with Mr. French not present. PASSES
Motion: To reconsider Section 4.1.2.7 and change "b = eye level..." to read: "b = eye
level (3.75 ft. above the proposed road) from a stopped car at the intersection on the
proposed road"
(Sullivan- Frank) 6 -0 with Mr. French not present. PASSES
River Edge Estates Public Hearing I
The public hearing was opened at 8:00 p.m.with Mr. Sullivan reading the notice of
public hearing as it appeared in the Mansfield News July 24`h and July 31" 1998.
Minutes of August 12, 1998
( James Dunn of Dunn - McKenzie showed the plan of the 24.4 acre site off Ware Street,
noting two Form A lots that have been created in the front of the parcel. He said the
parcel slopes from Ware Street to the Canoe River. In preparing the test plan for a
conventional subdivision, he stated he neglected to consider the lot width requirement of
the Zoning By -law. As a result, with 60,000 sq. ft. lots they are only able to obtain
thirteen lots plus the open space bonus lot from the parcel, rather than the fifteen
originally shown. He then presented the cluster subdivision plan, showing the open space
land and a detention basin in the center of the cul -de -sac for storm drainage, with houses
around the perimeter of the circle. The detention basin would fill to about two feet of
water in a 100 year storm event. Sight lines across the basin are interrupted by trees.
Septic systems will be installed in the front yards, with material being brought in to do
so.
Correspondence was read from the following department heads:
• Lee M. Azinheira, Town Engineer, dated August 12, 1998
• Shaun P. Burke, Director of Planning and Development, dated August 10,
1998
• Richard Lewis, Environmental & Conservation Planner, dated August 6, 1998
• Lt. Joseph J. Sarro, Mansfield Fire Department, dated July 10, 1998
• Gary D'Ambra, Mansfield Municipal Electric Department, dated July 8, 1998
• Steve Bishop, Water Department Foreman, dated July 20, 1998
• Ptlm. Lance Lawson, Mansfield Police Department, dated July 31, 1998
( Mr. Dunn responded to the comments read. He stated perc tests were done two years
ago, but they would be happy to do them again to be sure they are satisfactory. They will
work to eliminate the yard drain; water line connections will be added, as per the memo;
an evaluation will be done of the sewer situation; lot width will be addressed; they will
get a letter from Doug King regarding access. He stated they don't show access into
Canoe River Road on the conventional plan, but show a strip abutting the lot because
there's fifty feet between the two lots. He said they don't want to give up the frontage
until they know the roadway width will be acceptable to the Planning Board. He stated
vegetation has been removed since the plan was drawn, and actual sight distances will be
shown. He also said he will attempt to make the shape of the water quality basins more
pleasant and will take care of street lighting and an oil /water separator. A planting list
will be provided and conservation issues will be addressed.
Kevin Grant of 26 Canoe River Drive asked how they are going to get water to the site if
Ware Street cannot be cut until the year 2000. Mr. Burke explained that the town has
given them permission to cut the street prior to that time with special conditions. They
will be required to use flowable fill to patch the roadway and will be required to infrared
the surface to seal and eliminate any cuts made. The waiver was granted to make the cut
due to public health concerns about wells being used so close to the site of the capped
landfill.
2 Minutes of August 12, 1998
Numerous questions and concerns were voiced by the following individuals regarding
drainage and flooding, with residents asking the board how it can help them to make sure
the drainage gets resolved before the project starts:
• Kevin Grant, 26 Canoe River Drive
• Beth Hargreaves, 213 Ware Street
• Jean Shuffleton, 18 Canoe River Drive
• Rob Medeiros, 258 -260 Ware Street
• Gerry Sheehan, 22 Canoe River Drive
• Steve Goncalo, 166 Ware Street
• Ed Gurnon, 14 Canoe River Drive
• Linda Grant, 26 Canoe River Drive
• Richard Hargreaves, 213 Ware Street
• Rob Shuffleton, 18 Canoe River Drive
• Jim Burke, 10 Canoe River River
Tom MacNabb, 27 Canoe River Drive asked if the open space land is taxed and how
ownership is handled. He also asked if the conventional plan would be built if the cluster
subdivision does not get approved.
Questions were also raised as to why the project has already started if it hasn't been
approved. Mr. Dolan explained that the houses presently being constructed are two
approved Form A lots and are not part of the subdivision. He also stated that property
owners may clear all their land, if they chose to do so, without getting anyone's
permission. He assured the residents that the Planning Board is as concerned about
potential drainage problems as they are and that the board relies on the Town Engineer
and other staff people to ensure all potential problems are resolved prior to approval.
Mrs. Flynn commented that it's not fair that the residents of the neighborhood are
experiencing so many water problems and the board may need a hydrogeological study of
the area to determine the effects of additional development. She said she would reserve
such a request until further reports are received from the Town Engineer and
Conservation Commission. She stated she questions whether this cluster subdivision is
preferable over a conventional plan and will have to look at it more closely. She said she
also questions the length of the roadway and does not think it should be more than 650
feet.
Mr. Burke asked Mr. Dunn to provide the Planning Department with six additional
copies of the environmental impact statement and for confirmation that an easement has
been granted.
Board members asked:
• what the detention area is going to look like
• if there will be a connector road with the conventional plan
• if the DPW is going to allow the developer to tap off from the two Form A lots to
bring water to the site
3 Minutes of August 12, 1998
• if the sites would still be raised if the development is sewered
/
• if there will be landscaping plan
• if the lots are already listed with MLS
• if the roadway can be the length shown on the plan
• if the conventional plan actually proves the density when a waiver would be required
to build the conventional plan
• if a waiver has ever been granted for the length of a subdivision roadway
• if the wetland line has been verified by Conservation Commission
Mr. French asked if the board would like to consider doing a site walk, suggesting some
of their questions about groundwater and soils might be answered by seeing the site.
Mr. Sullivan said he is not convinced the conventional plan meets the requirements and
doesn't see the advantage of a cluster design at this point. He stated the board also needs
to see pre- and post - development drainage patterns for the site. He also noted that roof
drainage should be shown on the plans. Mr. Sullivan pointed out that one of the
provisions of a cluster subdivision is it uses the natural features of the land, and this
proposal does not do so.
Mr. Burke said he would like to know the elevations of the Canoe River relative to Lots 6
and 7. He also questioned whether the 18 -inch groundwater in the drainage area mounds
backwards during a 100 -year storm event. He asked if all lots have been perced, and was
told they have not been. Mr. Dunn noted he has a cross - section of what the soil looks
like and said it gets better toward the river.
Mr. Frank asked if we have required in the past that all lots be perced. Mr. Burke replied
that we did on Franklin Street to show that the lots are actually buildable.
Additional questions were asked regarding what prevents flow into the drainage area
during a catastrophic event once the stormwater gets out of the three small settling areas.
Mr. Dunn said the water quality basin would trap most of it and it would have to be
cleaned out.
Mrs. Flynn asked if the application should have included an open space instrument and
description of how the open space will be managed.
In general, board members agreed that more information is needed to prove that a
conventional subdivision can actually be built before going further with the cluster
proposal.
Motion: To continue the public hearing to September 23, 1998 at 8:00 p.m.
(Sullivan - Flynn) 7 -0 PASSES
Board members agreed to visit the site Saturday morning, September 12i1', meeting at
Town Hall at 9 o'clock.
4 Minutes of August 12, 1998
Griffin Farm Residential Compound Public Hearing I
The hearing was opened at 10:50 p.m. Reading of the Notice of Public Hearing was
waived, as the board had received a request for continuation to September 9`h at 8:30 P.M.
Motion: To continue the public hearing to September 9, 1998 at 8:30 p.m.
(Sullivan - Dolan) 7 -0 PASSES
➢ Minutes of July 29, 1998
➢ ZBA Application of Gary Eagan for a Special Permit for an additional drive -up
window at Honey Dew Donut Shop, 99 Copeland Drive in the B -3 Zone
Motion: To send a negative recommendation to the Zoning Board of Appeals
because the traffic pattern throughout the site becomes worse than already exists with
traffic from lane 1 going across lane 2 and the reliance of the plan on people not
parking in the existing spaces which are being eliminated.
(Sullivan - Flynn) 5 -2 with Mr. French and Mr. McShane opposed PASSES
io, Memorandum from Betty Amicone, Acting Town Manager, re: Town Web Site
➢ July 1998 Building Construction Report
➢ Public Hearing Notice(s) — North Attleboro Planning Board
➢ Public Hearing Notice — Norton Planning Board
➢ Public Hearing Notice — North Attleboro ZBA
➢ Public Hearing Notice — Attleboro Municipal Council and Planning Board
➢ American Planning Association book offer
➢ "Currents" newsletter of the Taunton River Watershed Alliance
"The Commissioner" newsletter of the American Planning Association
➢ Memorandum from Dan Clifford re: Partial Release of Surety — Fram Estates
Requesting release of $25,541.20, leaving a balance of $62,673.98
Motion: To release the funds as requested
(Sullivan - Torman) 7 -0 PASSES
Memorandum from Dan Clifford re: Partial Release of Surety — Stearns Hill Phase
IV
Requesting release of $32,418.70, leaving a balance of $36,330.53
Motion: To release the funds as requested
( Torman- Sullivan) 7 -0 PASSES
➢ Memorandum from Dan Clifford re: Partial Release of Surety — Stearns Hill Phase V
Requesting release of $40,166.28, leaving a balance of $138,713.76
Motion: To release the funds as requested
(Dolan - Flynn) 7 -0 PASSES
Form J for Village Estates — Mr. Burke explained that a request has been received
from an attorney who is doing the closing on the re- financing of a mortgage on an
Minutes of August 12, 1998
existing home and there is no release recorded at the Registry of Deeds on this older
subdivision.
Motion: To sign the Form J Release.
(Frank- McShane) 7 -0 PASSES
Form J for Lot 1219A Old Farm Road (Wayside Estates)
Mr. Burke explained that this is a similar situation where a closing attorney has
discovered there is no release on file at the Registry of Deeds for this subdivision that
was approved in the 1970's.
Motion: To sign the Form J Release
(Sullivan - Dolan) 7 -0 PASSES
Annroval Not Required (ANR) Plans
➢ Plan of Zola Family Realty Trust prepared by RIM Engineering for 3 lots on
Homefield Drive containing 218,167 + /- sq.ft. — Mr. Burke noted the plan reflects a
shift of the lot line on an approved subdivision plan and recommended endorsement
Motion: To endorse the plan.
(Flynn- Frank) 7 -0 PASSES
➢ Plan of Eleanor DiIulis and Gerald and Martha Bliss prepared by Commonwealth
Engineering for 6 lots on Fruit Street containing 709,036 + /- sq.ft. — Mr. Burke noted
the plan reflects the lots which are being separated from Stillbrook Farm definitive
plan that is currently under review by the board. He reminded board members that
this had been discussed during the recent public hearing and was prompted by the
applicant's need to close on a portion of the property.
Motion: To endorse the plan.
(Flynn - Dolan) 7 -0 PASSES
Around the Table
Mr. Dolan asked about the status of Ralph Maloon's engineering license. Mr. Burke
replied that it was discovered accidentally by the Assistant Town Engineer and verified
by the Town Engineer that Mr. Maloon's engineering license has not been renewed since
1992. He said Mr. Maloon has been scheduled to appear before the licensing board next
week and believes his license will be reinstated at that time.
Mr. Dolan reported on the public hearing held by the Charter Commission and expressed
concern about the changes being proposed to the structure of the Capital Improvements
Committee.
Motion: To send a letter to the Charter Commission advising them that the Planning
Board does not agree with their proposed changes regarding the Capital Improvements
Committee and believes there should continue to be two representatives from the
Planning Board and not two representatives from the School Committee, as the program
is much more the long -range plan for the town than for the schools.
(Dolan- Frank) 7 -0 PASSES
i,
6 Minutes of August 12, 1999
1
Dr. Tonnan asked for clarification regarding the length of a subdivision roadway and
stated his confusion regarding what he considers the apparent lack of regard for the
subdivision regulations relating to this when plans are submitted.
Mr. Frank expressed dismay regarding people who buy houses at the bottom of a hill and
want to know what the town is going to do about it because they're getting flooded.
Mrs. Flynn brought up the new Residence Inn hotel in Foxboro, stating the description
sounds much like a rooming house. Mr. French noted that, according to Mansfield's
Zoning By -law, a rooming house is only ten units. Mr. Burke was requested to get a
clarification from the Building Inspector regarding the number of units allowed and the
definition of rooming houses versus multi- family units.
Motion to adjourn 12:15 a. in.
(Torman- Frank) 7 -0 PASSES
Vinature of Clerk Date of Approval
Next Meeting: September 911998: at 7:30 p.m.
7 Minutes of August 12, 1998